Lathrop City Council
April 10, 2023

298
CITY OF LATHROP— ROBERT HALF INTERNATIONAL, INC.

PROFESSIONAL SERVICES IN THE BUILDING DEPARTMENT FOR ENERGOV

IMPLEMENTATION
2) Compensation. Section ( 2) of the AGREEMENT for Professional Services is hereby amended as follows:

City hereby agrees to pay CONSULTANT an additional cost of 187 200 for the services set forth in Exhibit " A" of this AMENDMENT NO. 2. CONSULTANT shall be paid within thirty (30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. 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 the original scope of work and this AMENDMENT 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.

Notwithstanding anything to the contrary in this Agreement, CONSULTANT may at any time, in its sole discretion, discontinue performance of the services once the Not- toExceed Amount has been attained ( even if CONSULTANT continued to provide services after the Not-to- Exceed Amount was reached).
3) Effective Date and Term
The effective date of AMENDMENT NO. 2 is April 10, 2023, and it shall terminate no later than June 30, 2024. AMENDMENT NO. 2 hereby extends the term of the original AGREEMENT to June 30, 2024. All other terms of the original AGREEMENT shall remain in full force and effect. The Estimated End Date set forth in section 2 of Exhibit A shall be deleted and changed to June 30, 2024.
4) Applicabilitv to Oriqinal PROFESSIONAL SERVICES AGREEMENT All terms and conditions set forth in the AGREEMENT dated April 21, 2022 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Siqnatures
The individuals executing this AMENDMENT NO. 2 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 2 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.

299
CITY OF LATHROP— ROBERT HALF INTERNATIONAL, INC.

PROFESSIONAL SERVICES IN THE BUILDING DEPARTMENT FOR ENERGOV

IMPLEMENTATION
Approved as to Form: City of Lathrop
City Attorney
z z3
Salva or Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Robert Half International, Inc.
10100 Trinity Parkway, Suite 330
Stockton, CA 95219
Phone: ( 925) 225- 0690
Federal ID # 94- 1648752
Lathrop Business License # 20402
Signature Date
Print Name and Title

300
DocuSign Envelope ID: 7822C473- E664- 42CB- 6069- 23D557FC4CDB

EXHIBIT A

ROBERT HALF STATEMENT OF WORK
This Robert Half Statement of Work RH(" SOW"), effective as of March znd, zoz3, is entered into by and between City of Lathrop(" Client") and Robert Half International Inc., through its technology practice group(" RH"). t. Scope of Engagement. RH will assign one or more individual( s) to Client to assist Client with its completion of the following:

Consultant to be responsible for independently performing the full scope of routine and complex assigned duties to bring the EnerGov platform to a Go Live Status. They are to receive task guidance from the Chief Building Official and the ISD Management Analyst. The scope of tasks assigned will be specific to EnerGov Applications for the Permitting Inspections modules, including but not limited to: 1. Core Configuration: CSS, EnerGov Permitting, EnerGov Inspections, associated System/ Global settings. ( a.) Custom Field/ Online Custom Fields— creation and updates ( b.) Fee/ Fee Template/ Fee Automation— creation and updates c. Reviews/ Submittals/ Items/ Files/ Conditions— creation and updates ( d.) Workflow/ Actions/ Steps/ Tasks, etc. — creation and updates ( e.) Holds — creation and updates. 2.

Report Configuration: ( a.) EnerGov SSRS Reporting, Crystal Reports maintenance and creation, SQL Queries. 3.

Automation: ( a.) Intelligent Objects, Intelligent Actions, GeoRules, stored procedures, and views creation, modification and optimization specific to EnerGov Applications. 4. Testing: ( a.) Testing as configurations are made/ changed ( b.) Daily Documentation of Testing ( i.) Summary of Tasks Completed in Smartsheet to align with Timecard Reporting • Task • Status• Time Spent on Task • Log into the EnerGov— remaining items Log. 5. Training: ( a.) Work with Department Administrator to create Training Materials( b.) Assist with preparing for and performing Department Training ( c.) Daily Zoom Sharing Meetings ( i.) Screensharing and training on items identified in daily work • 1 to 2 hours per day minimum. 6. Availability: ( a.) Necessity to being available on call and through email with a time response of no more than an hour during expected business hours, unless notified of Out- Of-Office days/ hours. z. Professionals. RH will assign the following individual( s)( each a" Professional") to Client for this engagement:

Name of Professional Hourly Bill Rate Estimated Start Date Estimated End Date Ricardo Mendoza 9o. 00 hr. 4/ z5/ zoZZ 613o1z4

3. Contact Information.

Client Re resentative RH Re resentative
Name: Hailey Emery Name: Caleb Banks
E- mail: heme ci. lathro . ca. us E- Mail: caleb. banks roberthalf. com Phone: zo9- 94- 7343 Phone: 4i5-564-34 7
Address: 390 towne centere drive Lathrop, CA 9533o Address: z 8o harvard st. suite z5o Sacramento, A 958i5

4. Termination. Either party may terminate this SOW at any time upon[ thirty]([ 30]) days' prior written notice to the other party.

5. General Conditions of Engagement. RH assigns the Professional( s) to Client pursuant to the General Conditions of Engagement attached hereto as Exhibit A and incorporated herein by reference.

Agreed to: Agreed to:

City of Lathrop Robert Half Intemational Inc.

DocuSigned by:

By By
Authorized signature
ss Pg t signature
O Robert Half International Inc., 2023. All rights reserved. Robert Half International Inc. is an Equal Opportunity Employer M/ F/ D/ V Page of 5 v. ioz
301
DocuSign Envelope ID: 7822C473- E664- 42CB- 6069- 23D557FC4CDB Name( type or print): Name( type or print): ason Ki ng
Date: Date: 3/ 2/ 2023
OO Robert Half International Inc., 2023. All rights reserved. Robert Half InternaEional Inc. is an Equal Opportunity Employer M/ F/ D/ V Page z of 5 v. ioz
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DocuSign Envelope ID: 7822C473-E664-42CB-B069-23D557FC4CDB Exhibit A
General Conditions of Engagement
Required Screening.

If Client requires RH to perform background checks or other placement screenings of the Professionals, Client agrees to notify RH prior to the start of Services under this SOW. RH will conduct such checks or screenings only if they are described in a signed, written amendment to this SOW. If Client requests a copy of the results of any checks conducted on RH' s Professionals, Client agrees to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employment purposes.

Scope of Assignment.

Client shall supervise the Professionals. Client will not permit or require a Professional( i) to perForm services outside of the scope of his or her assignment;( ii) to sign contracts or statements;( iii) to make any final decisions regarding system design, software development or the acquisition of hardware or software; ( iv) to make any management decisions; or( v) to use computers or other electronic devices, software, services, tools, e- mail accounts or network equipment owned or licensed by the Professional.

Cash Handling and Other Financial Transactions and Activities If Client permits or allows a Professional to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables, or conduct financial transactions or other related activities, Client accepts sole responsibility for all claims, demands and liability that may arise from permitting these activities. Client represents and warrants that to the extent Client permits or allows a Professional to engage in the activities described in this paragraph, Client will not permit or allow a Professional to handle more than( i)$ i,000 per day if lient is a non- profit entity, or( ii)$ 25, 00o per day if Client is a for-profit entity.

Workplace Safety.

Client agrees that Client has full responsibility for:( i) providing safe working conditions as required by law, including compliance with all public health and occupational safety regulations and guidelines applicable to Client' s business, and ( ii) ensuring that safety plans exist for, and safety related training is provided to, Professionals working on Client' s premises. To ensure the safety of potentially vulnerable individuals on Client' s premises, Client agrees not to permit Professionals to have unsupervised or unmonitored contact with() minors or( z) adults who are under Client' s care, custody or supervision because of inental health impairments. If any assignment under this SOW is for work to be performed under a government contract or subcontract, Client will notify RH immediately of any obligations in the government contract or subcontract relating to wages.

Operation of Vehicles and E ment. ui
RH does not authorize a Professional to operate machinery( other than office machines) or vehicles. If Client wishes to permit a Professional to drive for business purposes, Client accepts sole responsibility for all liability, damages, injuries or other claims that may arise or be incurred as a result of such driving. If Client requires a Professional to drive a vehicle owned by Client or by a Client employee, Client agrees to maintain such vehicle in good working condition and maintain all necessary and appropriate insurance for the operation of such vehicle. Under no circumstances will Client permit a Professional to: make bank deposits; carry cash in excess of$ioo, negotiable instruments or other valuables while driving; or have passengers in the vehicle. It is agreed that Client accepts full responsibility for, and that RH does not maintain insurance to cover any injury, damage, or loss that may result from Client' s failure to comply with the foregoing.

Remote Work.

Client may request that a Professional provide services remotely( i. e., from a location other than Client' s or Client' s customer' s premises) using a laptop and/ or other computer or telecommunications equipment provided by Client or RH ( collectively, the Equipment"). In such case, Client acknowledges and agrees that RH shall have no control over, and Client shall be solely responsible for, (i) the logical and physical perFormance, reliability and security of the Equipment and related devices, network accessibility and availability, software, services, tools and e- mail accounts ( collectively, " Computer Systems") used by the Professional, and( ii) the security or integrity of the data and other information stored therein or transmitted thereby. Moreover, Client must not permit a Professional to save or store any Client files or other data on the Computer Systems provided by RH including, but not limited to, any virtual desktop infrastructure solution). Client agrees that RH shall not be liable for any loss, damage, expense, harm, business interruption or inconvenience resulting from the use of such Computer Systems. laim .

O Robert Half International Inc., 2023. All rights reserved. Robert Half International Inc. is an Equal Opportunity Employer M/ F/ D/ V

303
DocuSign Envelope ID: 7822C473- E664- 42C6- 6069- 23D557FC4CD6 Client hereby agrees to waive all claims against Robert Half Intemational Inc. and its subsidiaries, divisions and affiliates, including their respective employees, officers and di ectors( individually and together," Robert Half") and to defend and indemnify Robert Half against any claim, demand or liability arising from Client' s failure to comply with the terms of this Agreement, including, but not limited to, claims arising from any damage to goods, materials or other items. Client agrees that it is responsible for reporting any claim to RH in writing during or within ninety( 90) days after the termination of the applicable assignment. RH will not be responsible for any claim related to the engagement, including, but not limited to, any Services performed during such engagement, unless Client has reported such claim in writing to RH within ninety( 90) days after termination of the applicable assignment.

Confidentiali.

Professionals will execute any confidentiality agreement that Client may require. Client is responsible for obtaining the Professional' s signature. Client agrees to hold in confidence the identity of any Professional and the Professional' s resume, social security number and other legally protected personal information, and Client agrees to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use, modification or disclosure.

Limitation on Liability.

Circumstances may arise where, because of a default on RH' s part or other liability, Client is entitled to recover damages from RH.

Regardless of the basis on which Client is entitled to claim damages from RH ( including fundamental breach, negligence, misrepresentation or other contract or tort claim), RH' s liability, if any, will, in the aggregate for all claims, causes of action or damages, be limited to any actual direct damages up to an amount equal to the fees actually paid to RH for the services that are the subject of the claim. Under no circumstances is RH liable for any special, incidental, exemplary, indirect, lost profits; or consequential damages( including, but not limited to, lost business, revenue, goodwill, or anticipated savings), even if informed of the possibility. It is understood that Client is responsible for implementing and maintaining usual, customary and appropriate internal accounting procedures and controls, internal controls and other appropriate procedures and controls ( including information technology, proprietary information, creative designs and trade secret safeguards) for Client, and RH shall not be responsible for any losses, liabilities or claims arising from the lack of such controls or procedures.

Employment Taxes, Withholdings and Insurance.

Each party will maintain workers' compensation insurance and commercial liability insurance. RH will be responsible, to the extent applicable, for any workers' compensation insurance, federal, state and local withholding and unemployment taxes, social security, state disability insurance or other payroll charges for the Professionals. RH reserves the right to re-assign any Professional.

Guarantee.

RH guarantees Client' s satisfaction with the services of each Professional by extending to Client a five( 5) day( 4o hours) guarantee period. If, for any reason, Client is dissatisfied with a Professional, RH will not charge for the first forty( 40) hours worked during the applicable guarantee period, provided that Client allows RH to replace the Professional and Client contacts RH regarding its dissatisfaction before the end of the applicable guarantee period. Unless lient contacts RH before the end of the applicable guarantee period, Client agrees that the Professional is satisfactory. RH MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES

REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.

Services Provided on a Time and Materials Basis.

Notwithstanding any language to the contrary in this SOW with regard to fixed- price, deliverables or acceptance of deliverables, RH shall be compensated on an hourly basis only. RH is not providing deliverables under this SOW.

If, for any reason, any Professional is unable to complete his or her assignment, RH will endeavor to provide a suitable replacement, subject to Client' s approval. If RH is unable to identify a replacement acceptable to Client, this SOW will be deemed to have automatically ended with respect to such Professional, except that Client shall remain liable to RH for services provided by such Professional prior to his/ her termination.

O Robert Half International Inc., 2023. All rights reserved. Robert Half International Inc. is an Equal Opportunity Employer M/ F/ D/ V

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DocuSign Envelope ID: 7822C473-E664-42C6-B069-23D557FC4CD6 Payment Terms.

Each Professional will present a time sheet or an electronic time record to Client' s or Client' s representative for verification and approval at the end of each week. RH will bill Client weekly for the total hours worked. RH' s invoices are due upon receipt, including applicable sales and service taxes all of which are payable by lient. In the event that Client fails to pay the invoices when due, Client agrees to pay all of RH' s costs of collection, including reasonable attorneys' fees, whether or not legal action is initiated. Additionally, RH may, at its option, charge interest on any overdue amounts at a rate of the lesser of i'/:Y per month or the highest rate allowed by applicable law from the date the amount first became due. RH may charge you a technology fee for the provision of equipment or technology, if you request that our professional use equipment or technology provided by us. RH may also increase its rates for the services provided under this SOW to reflect increases in RH' s own costs of doing business, including costs associated with higher wages for workers and/ or related tax, benefit and other costs. RH will provide written or verbal notice of the technology fees and/ or increase in rates for the services, and such increase will be prospective, starting as of the efFective date RH specifies.

Overtime.

If applicable, overtime will be billed at i.5o times the normal billing rate. Federal law defines overtime as hours in excess of 40 hours per week, state laws vary. If state law requires double time pay, the double time hours will be billed at z. 00 times the normal billing rate.

Exenses.

Travel and/ or out-of-pocket expenses incurred by a Professional shall be reimbursed by Client immediately upon Client' s receipt of invoice.

Hiring the Professional.

After Client evaluates the performance and potential of a Professional on the job, Client may wish to employ this person directly.

In such event, Client agrees to pay a conversion fee. The conversion fee is payable if Client hires the Professional, regardless of the employment classification, on either a full- time, temporary ( including temporary assignments through another agency) or consulting basis within twelve months after the last day of the Professional' s assignment. Client also agrees to pay a conversion fee if a Professional is hired by ( i) a subsidiary or other related company or business as a result of Client' s referral of the Professional to that company or( ii) one of Client' s customers as a result of the Professional providing services to that customer.

The conversion fee will be owed and invoiced upon Client' s hiring of the Professional, and payment is due upon receipt of the invoice. The same calculation ve ill be used if Client converts the Professional on a part-time basis using the full-time equivalent salary.

The conversion fee will equal Fifteen percent([ 5]%) of the Professional' s aggregate annual compensation, including bonuses.

Miscellaneous.

For a change to be valid, both parties must sign it. Additional or different terms in any written communication from Client( such as a purchase order) are void. Any terms of this SOW which by their nature extend beyond the termination of this SOW will remain in effect until fulfilled, including any payment obligations, and apply to each party' s respective successors and assignees. This SOW is the complete agreement regarding the engagement( s) identified on the first page of this SOW, and replaces any prior oral or written communications between RH and lient regarding such engagement( s).

O Robert Half International Inc., 2023. All rights reserved. Robert Half International Inc. is an Equal Opportunity Employer M/ F/ D/ V

305
306
ITEM 4. 8

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH BUTLER AMUSEMENTS, INC. TO

PROVIDE LAW ENFORCEMENT SERVICES FOR
ANNUAL CARNIVAL EVENT ON APRIL 20, 2023
THROUGH APRIL 23, 2023
RECOMMENDATION: Adopt Resolution Approving Professional Services Agreement with Butler Amusement, Inc. to Provide
Law Enforcement Services for their Annual Carnival
Event on April 20, 2023 through April 23, 2023
SUMMARY:

Butler Amusements, Inc. ( Butler) is holding its annual carnival for 2023 at 1401 River Islands Parkway ( APN 213- 310- 40). The event is scheduled to be held from April 20, 2023 through April 23, 2023. Set up for the event will begin on April 17, 2023 and teardown will be on April 24, 2023. Butler is contracting with a private security firm to provide security for the duration of the event. In addition, Butler ha's requested law enforcement services from the City of Lathrop Police Department ( LPD) for their event for additional security. The Lathrop Police Department is requiring two ( 2) officers for the peak hours of the event as detailed in the table below:

Date No. of Hours Total
Officers Hours
Frida A ril 21 2 5PM - 9PM 4 hours 8 Hours
Saturda A ril 22 2 5PM - 9PM 4 hours 8 Hours
Sunda , A ril 23 2 5PM - 9PM 4 hours 8 Hours
The total hours required for the duration of the event is twenty-four ( 24) overtime hours. LPD is able to provide the required overtime hours for the carnival. Butler has further agreed to pay the cost of additional law enforcement services should circumstances require additional hours or mutual aid from other agencies to restore or secure public safety at the event.

Staff recommends City Council approve the agreement to authorize LPD to provide law enforcement services for Butler Amusement' s annual carnival event.

BACKGROUND:

Butler holds an annual carnival event during the month of April that attracts thousands of local attendees from the City of Lathrop and the surrounding areas. In previous years, Butler has contracted with the San Joaquin County Sheriff's Office to provide law enforcement services. On June 29, 2022, the Lathrop Police Department took over law enforcement services from the Sheriff' s Office for the City of Lathrop. 307
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL EVENT ON APRIL 20, 2023 THROUGH APRIL 23, 2023 Butler has requested LPD to provide law enforcement services for their annual carnival this year, and LPD is able to provide the requested hours for the carnival.

The carnival event is scheduled from April 20, 2023 through April 23, 2023 and will be held at 1401 River Islands Parkway, near the Welcome Center in River Islands.

The carnival will consist of nineteen ( 19) amusement rides, approximately eleven 11) game concessions and two ( 2) food concessions. Lathrop Police Department is requiring a total of twenty- four ( 24) hours for the duration of the event. Lathrop Police Officers will work the hours below:

Date No. of Hours Total Est. OT Estimated
Officers Hours Hourly Rate Total Cost
Frida A ril 21 2 5PM - 9PM 4 hours 8 Hours 104. 46 835. 68 Saturday, April 22 2 5PM - 9PM ( 4 hours) 8 Hours $ 104. 46 835. 68 Sunda , A ril 23 2 5PM - 9PM 4 hours 8 Hours 104. 46 835. 68 LPD officers will work on a voluntary and rotational basis, and officers working the event will do so outside of their regularly assigned work schedule.

The total estimated cost for the 24 overtime hours requested is $ 2, 508. Butler further agrees to pay the cost of additional law enforcement services should circumstances require a mutual aid request from other City, County, or State agencies in order to restore or secure public safety at the event.

REASON FOR RECOMMENDATION:

In previous years, the Sheriff' s Department has provided law enforcement services to Butler for their annual carnival event. LPD is able to provide the services requested and Butler has agreed to pay the overtime rate to cover the costs of sworn personnel.

Staff recommends Council approve the agreement to allow LPD to provide law enforcement services for Butler' s annual carnival.

FISCAL IMPACT:

Overtime for the event is estimated at $ 2, 508. At the conclusion of the event, the City will invoice Butler for the actual cost of providing law enforcement services.

Should circumstances arise requiring more hours than what was scheduled or mutual aid from other agencies was needed, Butler will be responsible for reimbursement of the actual hours worked and costs for mutual aid.

There is no fiscal impact to the City for this agreement, however, the budget adjustment below is required to reflect the increase in revenue for staff time:

Increase Revenue: 1010- 40- 30- 341- 01- 01 ( Current Service Charges) $ 2, 508 Increase Expense: 1010- 40- 30- 410- 13- 00 ( Overtime) $ 2, 508 308
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL EVENT ON APRIL 20, 2023 THROUGH APRIL 23, 2023 ATTAC H M E NTS:

A. Resolution Approving Professional Services Agreement with Butler Amusements, Inc. to Provide Law Enforcement Services for Annual Carnival Event on April 20, 2023 through April 23, 2023
B. Professional Services Agreement with Butler Amusements, Inc. to Provide Law Enforcement Services for Annual Carnival Event on April 20, 2023 through April 23, 2023
309
CITY MANAGER' S REPORT PAGE 4
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BUTLER

AMUSEMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL EVENT ON APRIL 20, 2023 THROUGH APRIL 23, 2023 AP OVALS•
3 L- Z
Raymond Bechler Date
Chief of Police
3 3% t` Z3
Cari Jame Date
Finance Dir ctor
Z p Z.

Salvador Navarrete Date
City Attorney
3•3-. 3
Stephen J. Salvatore Date
City Manager
310
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING PROFESSIONAL SERVICES AGREEMENT WITH BUTLER
AMUSEMENTS, INC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL EVENT ON APRIL 20, 2023 THROUGH APRIL 23, 2023 WHEREAS, Butler Amusements, Inc. ( Butler) is holding its annual carnival at 1401 River Islands Parkway ( APN 213- 310- 40); and
WHEREAS, the event is scheduled to be held from April 20, 2023 through April 23, 2023, with set up for the event to begin on April 17, 2023 and teardown will be on April 24, 2023; and
WHEREAS, the carnival will consist of nineteen ( 19) amusement rides, approximately eleven ( 11) game concessions and two ( 2) food concessions; and WHEREAS, Butler is contracting with a private security firm to provide security for the duration of the event; and
WHEREAS, in previous years, Butler has contracted with the San Joaquin County Sheriff' s Office to provide additional law enforcement services; and WHEREAS, on June 29, 2022, the Lathrop Police Department took over law enforcement services from the Sheriff' s Office for the City of Lathrop; and WHEREAS, Butler has requested LPD provide law enforcement services for their annual event this year, and LPD is able to provide the requested hours; and WHEREAS, Government Code 53069. 8 allows the legislative body of any city to contract with private entities to preserve the peace at special events or occurrences and provide supplemental law enforcement services; and
WHEREAS, the Lathrop Police Department is requiring two ( 2) officers for the peak hours of the event as detailed in the table below; and Date No. of Hours Total
Officers Hours
Frida A ril 21 2 5PM - 9PM 4 hours 8 Hours
Saturda A ril 22 2 5PM - 9PM 4 hours 8 Hours
Sunda A ril 23 2 5PM - 9PM 4 hours 8 Hours
WHEREAS, the total hours required for the duration of the event is twentyfour ( 24) overtime hours.

WHEREAS, officers will work on a voluntary and rotational basis, and officers working the event will do so outside of their regularly assigned work schedule; and 311
WHEREAS, Butler further agrees to pay the cost of additional law enforcement services should circumstances require a mutual aid request from other City, County, or State agencies in order to restore or secure public safety at the event; and WHEREAS, overtime for the event is estimated at $ 2, 508.

WHEREAS, there is no fiscal impact to the City for this agreement, however, the budget adjustment below is required to reflect the increase in revenue for staff time:

Increase Revenue: 1010- 4030- 341- 0101 ( Current Service Charges) $ 2, 508 Increase Expense: 1010- 4030- 410- 13- 00 ( Overtime) $ 2, 508 NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the agreement with Butler Amusements, Inc. to provide law enforcement services for the annual carnival event on April 20, 2023 through April 23, 2023.
312
The foregoing resolution was passed and adopted this lOth day of April 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 313
qttachment 6

CITY OF LATHROP
PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. TO

PROVIDE LAW ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL EVENT ON APRIL 20, 2023 THROUGH APRIL 23, 2023
THIS AGREEMENT for law enforcement services to BUTLER AMUSEMENTS, INC. for the ANNUAL CARNIVAL event( hereinafter" EVENT"), dated for convenience this day ofApri12023 is by and between BUTLER AMUSEMENTS, INC., a separate and distinct entity (hereinafter` BUTLER") and the City of Lathrop, a California municipal corporation( hereinafter" CITY"). The CITY and BUTLER may be referred to herein as " Party" or collectively as" Parties".

RECITALS:

WHEREAS, BUTLER requests the CITY to provide law enforcement security services for its EVENT; and
WHEREAS, the CITY desires to accommodate BUTLER' S request and has no objections to providing law enforcement security services for the EVENT as allowed by Government Code 53069. 8 and reserves the right to terminate EVENT for the purposes of public safety; and WHEREAS, any costs associated with work hours pursuant to this AGREEMENT wherein Officers worked at the EVEN'T shall be paid for by BUTLER at the rate indicated in the estimated cost schedule below.

NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions in this Agreement, BUTLER and the CITY agree as follows:

AGREEMENT
1) Scoue of Service
CITY's assigned police officers shall provide law enforcement security services to BUTLER' S ANNUAL CARNIVAL EVENT located at 1401 River Islands Parkway, Lathrop, CA 95330 in accordance with the terms and conditions contained in this Agreement.

A. Each police officer shall be the CITY' s employee and shall be subject to the CITY' s administration, supervision, and control.

B. BUTLER agrees to the estimated costs for law enforcement security provided by the Lathrop Police Department.

C. The estimated costs is based on the understanding that CITY shall assign Police Officers to cover the EVENT on each requested day on a rotational basis. Police Officer( s) will work from a schedule with a total of 24 hours for the duration of the EVENT as detailed in Section 2 Compensation below.

D. The CITY shall be entitled to a reimbursement should circumstances arise requiring more hours/ and or personnel and the estimated cost would be adjusted accordingly.

314

CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL CARNIVAL EVENT APRIL 20, 2023 THROUGH APRIL 23, 2023.

E. BUTLER shall be entitled to a reduction for less hours worked should circumstances such as rain and wind) cause the EVENT to be closed or impacted. Additionally, event hours are estimates. If the EVENT closes early, officers may work less hours.

F. BUTLER agrees to pay the CITY for all costs associated with providing law enforcement services for the EVENT. In addition, if further resources are needed to provide adequate security at the EVENT, including mutual aid from other agencies, those cost will be the responsibility of BUTLER. Hourly rates for the additional resources that are not included in the estimated cost schedule may vary. 2) Compensation
BUTLER hereby agrees to the estimated cost for law enforcement services as detailed in the schedule below:

Date No. of Hours Total Est. OT Estimated
Officers Hours Hourly Rate Total Cost
4/ 21/ 23 2 5PM - 9PM 4 hours 8 Hours 104. 46 835. 68
4/ 22/ 23 2 5PM - 9PM ( 4 hours) 8 Hours $ 104. 46 835. 68 4/ 23/ 23 2 5PM - 9PM 4 hours 8 Hours 104. 46 835. 68
Total Estimated Cost 2 507. 04
CITY will invoice BUTLER for law enforcement services far actual hours of CITY personnel and any additional resource costs incurred for the EVENT. Hourly rates for additional resources that may be needed to provide adequate security at the EVENT that are not included in the estimated cost schedule above may vary.
3) Effective Date and Term
The effective date of this Agreement shall be from the date of its full execution through Apri123, 2023, unless terminated earlier by either party providing seven ( 7) days' written notice. 4) Emplovment of Ofticer( s) and Assi nments
CITY shall retain control over supervision, wages, and other terms and conditions of employment of the officers providing the services under this Agreement. The parties acknowledge that such officers are held to the requirements of the law and CITY policies and procedures. BUTLER shall immediately notify the CITY of any concerns regarding the performance of the assigned officers, including, but not limited to, adherence to quality of services as detailed in this agreement.

CITY shall assign Police Officers to cover the EVENT on each requested day on a rotational basis.

Police Officer( s) will work from a schedule as detailed in Section 2 Compensation of the Agreement, unless otherwise adjusted due to circumstantial events as referenced in the Agreement. 5) Billings
CITY shall submit one invoice at the conclusion of the EVENT for actual law enforcement services incurred and any additional resource costs incurred for the EVENT. BUTLER shall remit payment to the CITY within thirty (30) days of receipt of invoice.

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CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL CARNIVAL EVENT APRIL 20, 2023 THROUGH APRIL 23, 2023.
6) Supplies & Equipment
CITY shall provide each officer with the following equipment:

A. Police Vehicles: CitX shall,

1. Provide a standard patrol vehicle for each officer.

2. Maintain the motor vehicles assigned to each officer.

3. Purchase gasoline, oil, replacement tires, and other expenses associated with the operation of each motor vehicle.

4. Maintain comprehensive general auto liability insurance on each motor vehicle in an amount as is cunently provided through the Central San Joaquin Valley Risk Management Authority.

B. Wea ons and Ammunition

1. CITY shall provide the standard issued weapons( handgun, shotgun, and rifle) and rounds of ammunition for each officer.

C. Office Su plies

1. CITY shall provide each officer with the usual and customary office supplies and forms required in the performance of their duties.
7) Compliance With the Laws
The Parties shall keep themselves informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner performance ofthe Services or those engaged to perform Services under this Agreement. 8) Insurance
A. BUTLER shall maintain commercial general liability insurance coverage at least as broad as Insurance Services Office( ISO) form CG 00 01, in an amount not less than one million dollars($ 1, 000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project%location or the general aggregate limit shall be twice the required occurrence limit. BUTLER general liability policies shall be primary and shall not seek contribution from the CITY' s coverage, and be endorsed using ISO form CG 20 10 ( or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37( or equivalent) is also required.

B. Any failure to comply with reporting provisions of the policies by BUTLER shall not affect coverage provided the CITY.

C. Coverage shall state that BUTLER insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.

D. Coverage shall contain a waiver of subrogation in favor of the CITY.

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CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL CARNIVAL EVENT APRIL 20, 2023 THROUGH APRIL 23, 2023.
9) Indemnification
A. BUTLER shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers( hereafter collectively City Personnel) from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation ( including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the any services provided by the City or any City Personnel or their performance of work or any failure to comply with any of the City' s duties contained in the Agreement, except such loss or damage which was caused by the gross or willful misconduct of City Personnel.

B. In the event of concurrent negligence on the part of BUTLER or any of its officers, directors, trustees, employees, agents or volunteers, and CITY or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law equity for such losses, fines, penalties, forfeiture, costs and damages shall be apportioned under the State of California' s theory of comparative negligence as presently established or as may be modified hereafter.

C. If BUTLER rejects a tender of defense by the City or City Personnel under this Agreement, and it is later determined that the City and City Personnel breached no duty of care and/ or were immune from liability, BUTLER shall reimburse the City and/ or City Personnel for any and all litigation expenses ( including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care ar immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the City and/ or City Personnel settles a liabiliry claim, with or without participation by BUTLER.

D. The Parties acknowledge that it is not the intent ofthe Agreement to create a duty of care by the City or City Personnel that they would not owe in the absence of the Agreement. The Agreement does not create an affirmative duty of care( including, without limitation, a duty to protect, a duty to deter and/ or a duty to intervene) by the City or City Personnel and the absence of City Personnel is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the City nor City Personnel intend to waive any immunities to which they would be entitled in the absence of the Agreement. 10) Integration of Prior Terms and Conditions
This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party. An authorized agent of the City shall be a person specifically authorized by the legislative body of the City to execute this Agreement, at the level of City Manager or City Attorney or equivalent. The indemnity sections shall survive termination ar expiration of this agreement.
11) Termination
Either Party to this Agreement may for any reason terminate this Agreement at any time by giving

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CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL CARNIVAL EVENT APRIL 20, 2023 THROUGH APRIL 23, 2023.
seven ( 7) days' written notice to the other party. Upon termination of this Agreement as herein provided, BUTLER shall have no obligation to compensate of pay the CITY except for services provided prior to termination.
12) 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( 1) personally served,( 2) sent by the United States mail, postage prepaid, by certified mail ( 3) sent by private express delivery service and addressed as follows:

To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Lathrop Police Department
940 River Islands Parkway
Lathrop, CA 95330
To BUTLER: Butler Amusements, Inc.

Attn: Andrea Stillwell
P. O. Box 2210
Fairfield, CA 94533
13) 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. Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.

C. Non-Discrimination. No party shall employ any discriminatory practices in its performance hereunder, including its employment practices, on the basis of sex, race, color, religion, national origin, ancestry, age, sexual orientation, or physical and mental disability.

D. 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.

E. 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.

F. Headings. The paragraph headings are not a part of this Agreement and shall have no effect Page
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CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL CARNIVAL EVENT APRIL 20, 2023 THROUGH APRIL 23, 2023.
upon the construction or interpretation of any part of this Agreement.

G. 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 this Agreement.

H. 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.

I. 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.

J. 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 or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

K. Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision ofthis Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.

L. 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. 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.

N. 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 costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party
14) Si natures
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 BUTLER and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

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CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL CARNIVAL EVENT APRIL 20, 2023 THROUGH APRIL 23, 2023.

In Witness Whereof, each Party to this Agreement has signed this Agreement upon the date indicated, and agrees, for itself, its employees, officers, partners, and successors, to be fully bound by all terms and conditions of this Agreement.

City of Lathrop: Butler Amusements, Inc.:

Stephen J. Salvatore Date Andrea Stillwell Date
City Manager Butler Amusements, Inc.

Approved as to Form:
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Salvador Navarrete Date
City Attorney
Attest:

Teresa Vargas Date
City Clerk
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ITEM 4. 9

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE COMMUNITY PARTNERSHIP

AGREEMENT BETWEEN THE CITY OF LATHROP
AND THE 7UNETEENTH COMMITTEE TO

COMMEMORATE THE JUNETEENTH NATIONAL

INDEPENDENCE DAY FEDERAL HOLIDAY
RECOMMENDATION: Adopt Resolution Approving a Community
Partnership Agreement between the City
of Lathrop and the 7uneteenth Committee
to Commemorate the 7uneteenth National
Independence Day Federal Holiday
SUMMARY:

The Lathrop Juneteenth Committee, a local residents group, is currently permitted to host a ) uneteenth National Independence Day Special Event at the Generations Center on Saturday, June 24, 2023. Staff met with the Lathrop Juneteenth Committee at the Generations Center to discuss logistics for the Juneteenth National Independence Day Special Event. Additionally, the Juneteenth Committee was asked to submit an email outlining the areas in which the Juneteenth Committee would like to have directorial control and which areas the Juneteenth Committee would like to have the City facilitate. Staff suggested the use of the Community Partnership Agreement to clearly identify the roles and responsibilities. Staff received the Juneteenth Committee request and worked with the ] uneteenth Committee to develop the attached Community Partnership Agreement, which would establish a co- sponsored Juneteenth National Independence Day Federal Holiday Special Event.

The Inaugural Juneteenth National Independence Day Special Event will take place on Saturday, June 24, 2023 at the Lathrop Generations Center from 10: 00 a. m. to 5: 00 p. m. The Juneteenth National Independence Day Special Event will feature food trucks, entertainment, children' s activities, informational and community booths, and craft and art vendor booths. The ) uneteenth National Independence Day Special Event is open to the public and is expected to have an estimated 400 people in attendance.

BACKGROUND:

On June 17, 2021, President ] oe Biden signed the Juneteenth National Independence Day Act into law, officially making June 19th a Federal Holiday and giving national recognition commemorating the day of emancipation. The attached Community Partnership Agreement will better serve the community by commemorating a cosponsored Juneteenth National Independence Day Federal Holiday Special Event. The 321

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

APPROVE COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE CITY OF

LATHROP AND THE JUNETEENTH COMMITTEE TO COMMEMORATE THE

JUNETEENTH NATIONAL INDEPENDENCE DAY FEDERAL HOLIDAY
Inaugural Juneteenth National Independence Day Special Event would take place on Saturday, June 24, 2023 at the Lathrop Generations Center from 10: 00 a. m. to 5: 00 p. m.

The attached proposed Community Partnership Agreement identifies that the Lathrop Juneteenth Committee shall procure community partnerships, craft and art vendors, food trucks, cultural elements, entertainment, bounce houses, amplified sound equipment, event decor, event program and flyer. The City of Lathrop shall procure the event layout, Lathrop Police Department plan review, Lathrop Manteca Fire District plan review, parking, access, traffic control, garbage/ refuse disposal, restrooms, security, twenty ( 20) tented vendor booths, invite Lathrop Manteca Fire District to participate, host City of Lathrop Community Booths ( i. e. Parks, Recreation and Maintenance Services, Lathrop Police Department, Animal Services / Pet Adoptions and Public Works) and assist with the marketing of provided materials on City social media platforms.

RECOMMENDATION:

Staff recommends Council find the requested Community Partnership Agreement between the City of Lathrop and the Lathrop Juneteenth Committee as a public benefit to the community and approve the Community Partnership Agreement with the Lathrop Juneteenth Committee.

FISCAL IMPACT:

The fiscal impact of co- sponsoring the Juneteenth National Independence Day Special Event including stafFing and all Special Event logistics is estimated to be $ 14, 345.

Funds are available within the FY 22/ 23 budget to cover the Event staffing and logistics.

ATTACH M ENTS:

A. Resolution to approve a Community Partnership Agreement between the City of Lathrop and the Juneteenth Committee in order to better serve the community and celebrate the Juneteenth National Independence Day Federal Holiday
B. Community Partnership Agreement between the City of Lathrop and Lathrop Juneteenth Committee
322

CITY MANAGER' S REPORT

APPROVE COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE

CITY OF LATHROP AND THE JUNETEENTH COMMITTEE TO

COMMEMORATE THE JUNETEENTH NATIONAL INDEPENDENCE DAY

FEDERAL HOLIDAY
APPROVALS:

3. 30. 3
Tod Sebastian Date
Director of Parks, Recreation and Maintenance Services
ICari ames Date
Finance Dir tor
3o Go S
Salvador Navarrete Date
City Attorney
23 Ste en J. Salvatore Date
City Manager
323
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE CITY

OF LATHROP AND THE UNETEENTH COMMITTEE TO COMMEMORATE THE 7UNETEENTH NATIONAL INDEPENDENCE DAY FEDERAL HOLIDAY
WHEREAS, the Lathrop Juneteenth Committee, a local citizens group, is currently permitted to host a Juneteenth National Independence Day Special Event at the Generations Center on Saturday, June 24, 2023; and WHEREAS, the Juneteenth Committee submitted an email outlining the areas in which the Juneteenth Committee would like to have directorial control and which areas the Juneteenth Committee would like to have the City facilitate and staff suggested the use of the Community Partnership Agreement to clearly identify the roles and responsibilities; and
WHEREAS, staff received the ) uneteenth Committee request and worked with the Juneteenth Committee to develop a Community Partnership Agreement; and WHEREAS, the Community Partner Agreement will better serve the community by commemorating a co- sponsored Inaugural Juneteenth National Independence Day Special Event to take place on Saturday, June 24, 2023 at the Lathrop Generations Center from 10: 00 a. m. to 5: 00 p. m.; and WHEREAS, the City Council finds that this request provides a public benefit to the community and the amount of the request is approximately $ 14, 345; and WHEREAS, sufficient funds are available within the FY 22/ 23 budget.

NOW, THEREFORE, BE IT that the Council of the City of Lathrop approves the Community Partnership Agreement between the City of Lathrop and the Juneteenth Committee to commemorate the Juneteenth National Independence Day Federal Holiday at a co- sponsored event to take place at the Generations Center on Saturday, June 24, 2023 at a cost of $ 14, 345.
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The foregoing resolution was passed and adopted this 10th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 325
A Community Partnership Agreement with the City of Lathrop and the Lathrop Juneteenth Committee
This Community Partnership Agreement is made and entered into on April_, 2023, by and between the City of Lathrop, hereinafter called the CITY) and the Lathrop Juneteenth Committee( hereinafter called the PARTNER), who agree as follows:

A. Purpose
The purpose of this agreement is to grant the PARTNER recognition as a Community Partner in order to better serve the community of Lathrop through the use of CITY facilities to celebrate the Juneteenth National Independence Day Federal Holiday; subject to compliance with the terms of this Agreement and applicable laws and CITY policies, procedures and safety guidelines.
2023 Juneteenth National Independence Day Federal Holiday Special Event Date: Saturday, June 24, 2023
Set- up: 8: 00 a. m. to 10: 00 a.m.

Event Time: 10: 00 a. m. to 5: 00 p. m.

Clean- up: 5: 00 p. m. to 7: 00 p. m.

B. General Terms of Aqreement

1. Both parties will designate a person to act as the primary contact to facilitate effective communications regarding the Community Partnership Agreement. The primary contacts will maintain regular communication meetings to successfully coordinate and uphold the terms of this agreement. Both parties will schedule in- person meetings two times per month in April and May to finalize all event logistics antl ensure a smooth and successful event plan.

The CITY hereby designates:

Primary Contact: Director of Parks, Recreation and Maintenance Services— Todd Sebastian The PARTNER hereby designates:

Primary Contact: Co- Chair, Lathrop Juneteenth Committee— Brandy Perkins

2. Each party shall, to the fullest extent permitted by law, indemnify, defend, protect, and hold harmless the other party, and its officers, employees, volunteers and agents from and against any and all liability, losses, claims, damages, expenses, demands, and costs( including, but not limited to: attomey fees and costs, expert witness and consultant fees and costs, and litigation costs) of every nature arising out of the indemnifying party's performance or failure to perform under this Agreement and caused by any negligent act or omission, willful misconduct or violation of law of or by indemnifying party or its employees, volunteers, agents and subcontractors, except where caused by the sole negligence or willful misconduct of the other party or as otherwise limited by law. This indemnity obligation shall survive the terrnination of the Agreement.

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C. General Provisions
The PARTNER shall:

1. Comply with and implement all requirements outlined in this Community Partnership Agreement.

2. Not damage, deface, destruct or harm facilities, equipment or fumiture. If PARTNER or an employee, agent, contractor, guest, participant, attendee or invitee damages, defaces, destructs or harms facilities, equipment or fumiture, then PARTNER shall be liable for the costs of the necessary repairs or replacements. PARTNER shall give prompt written notice to CITY of any damage or destruction.

3. PARTNER at its sole cost and expense shall procure the following event amenities:
a. Community Partnerships
b. Up to Twenty( 20) Craft and Art Vendors( CITY will provide recent vendor list) i. Craft and Art Vendors must adhere to CITY vendor rules and submit the Release of Liability Waiver. c. Food Trucks( CITY will provide recent vendor list)
i. Food Trucks must have a current business licenses with the CITY. d. Critical Cultural Elements
e. All Stage Entertainment
i. Stage Entertainment must submit the Release of Liability Waiver. f. Play Area" Bounce House" w/ Power Need and
i. Bounce House must submit commercial general liability insurance with limits of at least$ 1, 000, 000 per occurrence endorsing the CITY, and its officers, employees, volunteers and agents as additional insured.
g. Event Program/ Marketing/ Flyer( with CITY logo and review) h. Dignitary List( Including City Council)
i. Event Decor
j. Amplified Sound Equipment/ Power Needs
The CITY shall:

1. Agree to establish an annual CITY co- sponsored Juneteenth National Independence Day Federal Holiday Special Event.

2. Agree to allow the use of CITY facilities at no cost in accordance with the terms of this Agreement.

3. Agree to waive the PARTNER requirement of providing commercial general liability insurance with limits of at least 1, 000, 000 per occurrence endorsing the CITY, and its officers, employees, volunteers and agents as atlditional insured.

4. Reserve the right for the Lathrop Police Department and the Lathrop Manteca Fire District Fire to suspend any and all uses should it be necessary to correct any safety related condition or activity until such time that contlition of activities are deemed safe and appropriate for public usage.

5. CITY at its sole cost and expense shall procure and provide technical oversight on the following event amenities:
a. Provide Event Layout/ Mapping
i. Secure Lathrop Police Department Plan Review
ii. Secure Lathrop Manteca Fire District Plan Review
b. Manage Parking and Access
c. Manage Traffic Control
d. Manage Garbage/ Refuse

327
e. Manage Restroom Facilities
f. Manage Non- Police Department Event Security based on estimated 400 anticipated attendees g. Stage powered with four( 4) outlets and basic overhead lighting h. Provide Twenty( 20) Tented Craft and Art Vendor Booth Locations i. Invite Lathrop Manteca Fire District to host a community booth. j. Host City of Lathrop Community Booths:
i. Parks and Recreation
ii. Lathrop Police Department
iii. Animal Control/ Pet Adoptions
iv. Public Works Water Reduction

6. Marketing
a. Post on social media( Facebook and Instagram). Initial Post 30- days prior, second post 14- days prior, and last post day before event.
b. Email blast 14- days prior to the event to Parks antl Recreation Department database. c. Post on CITY website under the special events page.

D. Agreement

1. Entire Agreement; Amendment: This writing represents the sole, final, complete, exclusive and integrated expression and statement of the terms of this contract between the parties concerning PARTNER' s use of the facilities, and supersedes all prior oral and/ or written negotiations, representations or contracts. This Agreement may be amended only by a subsequent written contract approved and executed by both parties.

2. Successors and Assignment: This Agreement shall bind and ensure to the benefit of the heirs, successors and assigns of the parties; however, the PARTNER shall not subcontract, assign or transfer this Agreement or any part of it without the prior written consent of CITY.

APPROVALS:

Date: Date:

Sonny Dhaliwal, Mayor Brandy Perkins, Lathrop Juneteenth Committee APPROVED AS TO FORM•
Date:
5- g o z 3
Salvador Navarrete, City Attomey

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ITEM 4. 10

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE FISCAL YEAR 2023- 24 PRO7ECT LIST
ASSOCIATED WITH SENATE BILL 1
RECOMMENDATION: Adopt Resolution Approving a List of Projects for Fiscal Year 2023- 24 Funded By Senate Bill
1, the Road Repair and Accountability Act of
2017
SUMMARY:

Senate Bill 1 ( SB 1), the Road Repair and Accountability Act of 2017, was passed by the California Legislature and signed into law by the Governor in April 2017 in order to address the significant transportation funding shortfalls statewide. The State Controller provides funds into the Road Maintenance and Rehabilitation Account RMRA), which a percentage of these funds are to be apportioned to eligible cities for road maintenance, rehabilitation, and critical safety projects on local streets and road systems.

Local Streets and Roads - Projected Revenues estimate the City of Lathrop' s apportionments at $ 774, 510 for Fiscal Year ( FY) 2023- 24. In order to be eligible for the funding, cities must approve an annual project list by resolution. Using the City' s existing Pavement Management System and through field inspections, staff generated the proposed project list for Fiscal Year ( FY) 2023- 24. The SB 1 project list includes repairing, rehabilitating and maintaining existing pavement at several locations, including but not limited to:

Bizzibe Street Aztec Lane
O Street Warfield Road
Cambridge Drive Juliet Lane
Easy Street Somoa Lane
Honey Place Noel Lane
Aries Place Libby Lane
Mingo Way
Staff is requesting that City Council approve the proposed project list for local streets and roads funding associated with SB 1, the Road Repair and Accountability Act of 2017.

BACKGROUND:

Over the next 10 years, California faces a $ 59 billion shortfall to adequately maintain the existing state highway system. Within a similar time frame, cities and counties face a $ 78 billion shortfall to properly maintain the existing network of local streets and roads.
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CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
APPROVE FISCAL YEAR 2023- 24 PRO) ECT LIST ASSOCIATED WITH SB1 In response to these roadway infrastructure needs, on April 28, 2017, the Governor signed SB 1, which is known as the Road Repair and Accountability Act of 2017.

Beginning November 1, 2017, new funding from SB 1 will be deposited into the newly created Road Maintenance and Rehabilitation Account ( RMRA). A percentage of this new RMRA funding is apportioned by formula to eligible cities and counties for basic road maintenance, rehabilitation and critical safety projects on the local streets and road systems.

SB 1 was approved with an emphasis on accountability and transparency. As a result, the program guidelines require that local agencies formally adopt a proposed project list for the RMRA funds. While a project list must be submitted in order to receive funds, the project list can be changed to adapt to local needs.

The proposed SB 1 project list for FY 2023- 24 was generated using the City' s existing Pavement Management System. The project list includes repairing, rehabilitating and maintaining the existing pavement at citywide locations. Specific project details are listed below and included in Attachment B.

Project Description
The project may use slurry seal treatment, which is the application of a mixture of water, asphalt emulsion, aggregate ( very small crushed rock) and additives to an existing asphalt pavement surface. Benefits of slurry seal include sealing of cracks, restoring lost flexibility to the pavement surface, reduction in construction time and potential cost savings.

Proiect Locations
Bizzibe Street Aztec Lane
O Street Warfield Road
Cambridge Drive Juliet Lane
Easy Street Somoa Lane
Honey Place Noel Lane
Aries Place Libby Lane
Mingo Way
Proposed Schedule
Spring 2024: Street Assessment / Prioritization
Summer 2024: Bid / Award Project. Begin Construction
Fall 2024: Complete and accept the improvements
Estimated Useful Life
Slurry Seal can extend the life of pavement surface 8 to 10 years.

REASON FOR RECOMMENDATION:

The California Transportation Commission issued annual reporting guidelines for the RMRA funding.
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CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
APPROVE FISCAL YEAR 2023- 24 PRO) ECT LIST ASSOCIATED WITH SB1 Prior to receiving this funding, local agencies must formally adopt an annual proposed project list. Approval of this project list will allow the City to receive its allocated funding.

FISCAL IMPACT:

No fiscal impact is anticipated.

ATTACH M ENTS:

A. Resolution Approving a List of Projects for Fiscal Year 2023- 24 Funded By Senate Bill 1, the Road Repair and Accountability Act of 2017 B. Project Locations Map
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CITY MANAGER' S REPORT PAGE 4
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
APPROVE FISCAL YEAR 2023- 24 PROJECT LIST ASSOCIATED WITH SB1 APPROVALS:
o3- . 2f - 2a
Angel arca Date
Assistant Engineer
r
FaR 3 • 30 • Zo23
Brad Taylor Date
City Engineer
3 Cari Ja s Date
Director Finance
3 • 2$ 2o z3
Michael King Date
Assistant City Manager
zy . Z d -i. 3
Salvador Navarrete Date
City Attorney
3 St en J. Salvatore Date
City Manager
332
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING A LIST OF PRO) ECTS FOR FISCAL YEAR 2023- 24 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 ( SB 1), the Road Repair and Accountability Act of 2017, was passed by the California Legislature and signed into law by the Governor in April 2017 in order to address the significant transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that ensure the residents of the City of Lathrop are aware of the projects proposed for funding and projects that have been completed each fiscal year; and WHEREAS, the City of Lathrop must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account ( RMRA) created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project' s completion, and the estimated useful life of the improvement; and
WHEREAS, this is the seventh year in which the City of Lathrop is receiving SB 1 funding which can be utilized for essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public; and
WHEREAS, Local Streets and Roads - Projected Revenues estimate the City of Lathrop' s apportionments at $ 774, 510 for Fiscal Year ( FY) 2023- 24; and WHEREAS, using the City' s existing Pavement Management System and through field inspections, staff has generated the proposed project list for Fiscal Year FY) 2023- 24; and
WHEREAS, the proposed SB 1 project list includes repairing, rehabilitating and maintaining existing pavement at several locations, including but not limited to:

Bizzibe Street Aztec Lane
O Street Warfield Road
Cambridge Drive Juliet Lane
Easy Street Somoa Lane
Honey Place Noel Lane
Aries Place Libby Lane
Mingo Way
WHEREAS, the project may use slurry seal pavement treatment; which has a useful lifespan of approximately 8- 10 years; and
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WHEREAS, the City of Lathrop anticipates commencement of construction of the pavement maintenance project in the summer of 2024 and acceptance of the improvements by City Council by fall 2024.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the proposed project list for local streets and roads funding associated with Senate Bill 1, the Road Repair and Accountability Act of 2017. 334
The foregoing resolution was passed and adopted this 10t'' day of April 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 335
m

ATTACHMENT
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336
ITEM 4. 11

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL SERVICES AGREEMENT
WITH ROBERTSON- BRYAN, INC., FOR CITY' S

INDUSTRIAL PRETREATMENT PROGRAM
RECOMMENDATION: Adopt Resolution Approving a Professional Services Agreement with Robertson- Bryan, Inc., for the City' s
Industrial Pretreatment Program
SUMMARY:

Currently, Robertson- Bryan, Inc., ( RBI) is providing services to update the City' s Industrial Pretreatment Program ( IPP), which is essential for adhering to the National Pollutant Discharge Elimination System ( NPDES) permit that governs the Lathrop Consolidated Treatment Facility ( LCTF) effluent discharge into the San Joaquin River.

Staff has requested a proposal from RBI for additional services needed to support staff in implementing the IPP for fiscal years ( FY) 2023/ 2024 and 2024/ 2025. These services will cost $ 119, 256 and will be included in the budget Fund 6080 ( WW Recycling Plant-# 1 MBR).

BACKG ROU N D:

The NPDES permit program addresses water pollution by regulating point sources that discharge pollutants to waters of the United States. Since 2005, Veolia had been supporting the City on developing and implementing an IPP under an agreement that expired in October 2022. It is recommended that RBI support staff in executing the updated IPP to align with new permit requirements. RBI has submitted a proposal in the amount of $ 119, 256 for FYs 2023/ 2024 and 2024/ 2025.

Staff requests City Council approve a professional services agreement with RBI to assist the staff with the IPP implementation for FY 2023/ 2024 and 2024/ 2025.

REASON FOR RECOMMENDATION:

The proposed service by RBI will assist the City meet new NPDES permit requirements that regulate discharge of LCTF effluent to the San Joaquin River.

FISCAL IMPACT:

The cost of the services are to be completed on a time and materials basis, not to exceed $ 119, 256 and will be included in the budget Fund 6080 ( WW Recycling Plant1 MBR) for FYs 2023/ 2024 and 2024/ 2025. Additionally, staff plans to invoice individual industrial users to recoup any direct costs that are associated with their businesses for this program.
337
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PSA WITH ROBERTSON- BRYAN, INC., FOR THE CITY LATHROP

INDUSTRIAL PRETREATMENT PROGRAM
ATTACH M ENTS:

A. Adopt Resolution Approving a Professional Services Agreement with Robertson- Bryan, Inc., for the City of Lathrop Industrial Pretreatment Program B. Professional Services Agreement with Robertson- Bryan, Inc., for the City of Lathrop Industrial Pretreatment Program
338
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PSA WITH ROBERTSON- BRYAN, INC., FOR THE CITY LATHROP

INDUSTRIAL PRETREATMENT PROGRAM
APPROVALS:
p^- 3 23
Greg Gi on Date
Senior Civil Engineer
3 a
Cari Jame Date
Finance Di ctor
C' 3• 2 1 • Zo23
Michael King Date
Assistant City Manager
Z- ! p 'Z 3
Salvador Navarrete Date
City Attorney
23 ephen J. Salvatore Date
City Manager
339
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ROBERTSONBRYAN, INC., FOR THE CITY OF LATHROP INDUSTRIAL PRETREATMENT

PROGRAM
WHEREAS, the Lathrop Consolidated Treatment Facility ( LCTF) provides sewer treatment capacity for the Crossroads, Mossdale, River Islands, South Lathrop Specific Plan, Gateway Specific Plan and Central Lathrop Specific Plan development areas; and
WHEREAS, Robertson- Bryan, Inc., ( RBI) is currently providing services to update the City' s Industrial Pretreatment Program needed for compliance with the National Pollutant Discharge Elimination System ( NPDES) permit regulating discharge of Lathrop Consolidated Treatment Facility ( LCTF) effluent to the San Joaquin River; and
WHEREAS, additional services from RBI are requested to assist City staff with implementation of the IPP; and
WHEREAS, at the request of staff, RBI has provided a proposal to provide professional services for to assist the City with the IPP implementation; and WHEREAS, the cost for the RBI' s services for FYs 2023/ 2024 and 2024/ 2025 are to be completed on a time and materials for a not- to- exceed cost of $ 119, 256; and
WHEREAS, the cost of these services will be included in the budget Fund 6080 WW Recycling Plant-# 1 MBR) for FYs 2023/ 2024 and 2024/ 2025; and WHEREAS, staff intends to invoice individual industrial users to recoup any direct costs that are associated with their businesses under this program.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a professional services agreement with RBI to assist the City with IPP implementation for FY 2023/ 2024 and 2024/ 2025 for a time and materials cost not to exceed $ 119, 256, to be paid from Fund 6080 ( WW Recycling Plant# 1 MBR.
340
The foregoing resolution was passed and adopted this 10t" day of April 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 341

ATTACHIVIENT

CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH ROBERTSONBRYAN, INC.

TO ASSIST CITY WITH INDUSTRIAL PRETREATMENT PROGRAM FOR THE

CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE

PROJECT
THIS AGREEMENT, dated for convenience this April 10, 2023 is by and between Robertson- Bryan, Inc. (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Professional Consulting Services, 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 perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit" A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform 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 of 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 not to exceed $ 119, 256, for the Professional Consulting Services set forth in Exhibit" A". 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 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. Payment is made based on a time and materials basis.

342
CITY OF LATHROP— TO ASSIST CITY WITH INDUSTRIAL PRETREATMENT PROGRAM FOR

THE CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE PROJECT 3) Effective Date and Term
The effective date of this Agreement is April 10, 2023, and it shall terminate no later than 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) Billinqs
CONSULTANT shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing without limitation, details as to amount of 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 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.

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

CONSULTANT 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 normal business hours for the purpose of interviewing employees and inspecting and copying such books, 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

343
CITY OF LATHROP— TO ASSIST CITY WITH INDUSTRIAL PRETREATMENT PROGRAM FOR

THE CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE PROJECT to maintain such records for a period of three ( 3) years after final payment under this agreement.
8) Assiqnment of 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: Michael Bryan, Managing Partner. CITY shall be notified by CONSULTANT of any change of its Authorized Representative, and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY' s sole discretion, and shall be notified by CONSULTANT of any changes of CONSULTANT' s 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) 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 therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized 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 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

344
CITY OF LATHROP— TO ASSIST CITY W ITH INDUSTRIAL PRETREATMENT PROGRAM FOR

THE CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE PROJECT work performed under this Agreement.
b) Commercial General and Automobile Liabilitv 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 one million dollars ($ 1, 000, 000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this 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 properry 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 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.
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.

345
CITY OF LATHROP— TO ASSIST CITY WITH INDUSTRIAL PRETREATMENT PROGRAM FOR

THE CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE PROJECT 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 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.

346
CITY OF LATHROP— TO ASSIST CITY WITH INDUSTRIAL PRETREATMENT PROGRAM FOR

THE CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE PROJECT 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;
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.
11) 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 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

347
CITY OF LATHROP— TO ASSIST CITY WITH INDUSTRIAL PRETREATMENT PROGRAM FOR

THE CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE PROJECT 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 shall have been determined to be applicable to any of such damages or claims for damages. 12) 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.
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 services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
15) 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.
16) 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.

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

348
CITY OF LATHROP— TO ASSIST CITY W ITH INDUSTRIAL PRETREATMENT PROGRAM FOR THE CONSOLIDATED TREATMENT FACILiTY SURFACE WATER DISCHARGE PROJECT Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
To Consultant: Robertson- Bryan, Inc.
3100 Zinfandel Dr., Suite 300
Rancho Cordova, CA 95670
Phone: ( 916) 714- 1802
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 authority to grant such approval or consent. b) Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, 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 with 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 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. f) 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. g) 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 this Agreement. h) 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.
i) 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. j) Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether

349
CITY OF LATHROP— TO ASSIST CITY WITH INDUSTRIAL PRETREATMENT PROGRAM FOR

THE CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE PROJECT or not 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 shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

I) Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other 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 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.
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 to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney's fees, incurred or expended 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 Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 19) Siqnatures

350
CITY OF LATHROP— TO ASSIST CITY WITH INDUSTRIAL PRETREATMENT PROGRAM FOR

THE CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE PROJECT 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.

351
CITY OF LATHROP— TO ASSIST CITY WITH INDUSTRIAL PRETREATMENT PROGRAM FOR

THE CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE PROJECT Approved as to Form: City of Lathrop
City Attorney
3 Z 2 m -- 3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assist City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Robertson- Bryan, Inc.
3100 Zinfandel Dr., Suite 300
Rancho Cordova, CA 95670
Fed ID # 68- 0460693
Business License # 20647
Signature Date
Print Name and Title

352
OBE H RCR i ,HG
EXHIBR w
Solutions for Progress
March 13, 2023

DELIVERED BY EMAIL
Mr. Michael King
Assistant City Manager
City of Lathrop
390 Towne Centre Dr.

Lathrop, CA 95330
Subject: Proposal to Provide Professional Services for the City of Lathrop Industrial Pretreatment Program for Fiscal Years 2023/ 2024 and 2024/2025 Dear Mr. King:

Robertson- Bryan, Inc. ( RBI) is currently under contract to prepare an update to the City of Lathrop' s ( City) Industrial Pretreatment Program ( IPP) for submittal to the Central Valley Regional Water Quality Control Board ( Central Valley Water Board) for approval. This work is being completed as part of RBI' s contract with the City to provide services to comply with the National Pollutant Discharge Elimination System ( NPDES) permit regulating the discharge of Consolidated Treatment Facility ( CTF) effluent to the San Joayuin River. Per the City' s request, RBI is providing this proposal to assist the City with implementing its IPP for fiscal years ( FY) 2023/ 2024 and 2024/ 2025. A detailed scope of work and budget is provided below. Consistent with the City' s request, this proposal assumes that IPP inspections and the City' s Fats Oil and Grease Control Program will be implemented by a separate vendor directly contracted to the City.

I. SCOPE OF WORK
TASK 1: ANNUAL SURVEY
The federal pretreatment regulations require all possible industrial users that might be subject to an adopted pretreatment program to be identified and located. The City conducted an industrial user survey when its IPP was developed in 2005. The survey needs to be updated.

Providing an industrial user survey, along with a description of the methods used, is a required component of the IPP submittal to the Central Valley Water Board. Furthermore, the City must provide a list of significant industrial users ( SIUs) in its annual pretreatment program report submitted to the Central Valley Water Board.

RBI will conduct a survey of users in the City to classify the businesses in accordance with the City' s sewer use ordinance and IPP implementation procedures. Information regarding how to classify the users will primarily be from water and sewer billing records and business license records. The user survey will be documented in MS Excel for update in subsequent 3100 Zinfandel Drive, Suite 300 Phone 916. 714. 1801
Rancho Cordova, CA 95670 Fax 916. 714. 1804
www.robertson-bryan. com
353
Michael King C Roae son- B?1 qn,/ nt.

City of Lathrop
SolufionsfotP ogress
March 13, 2023

years. The initial survey will be completed in summer/ fall 2023 for the IPP submittal. RBI will conduct a second survey in summer/ fall 2024 to maintain a current inventory of users.

The City currently has three permitted SIUs and is in the process of permitting a fourth SIU with RBI' s assistance through our existing contract). Additional businesses that should be permitted as an SIU would be addressed under Task 2.

TASKS 2: PERMITTING AND COMPLIANCE ASSISTANCE
Work to be completed under this task includes preparing new or renewed SIU permits, identifying and coordinating SIU inspections, maintaining an industrial database, reviewing monitoring reports, preparing enforcement notices, and other related activities. Budget for this task is for permitting six( 6) SIUs. As requested, RBI will setup billing under this task to identify expenses attributable to each SIU.

Subtask 2. 1: Permit Development
RBI will assist the City with renewing permits for SIU currently permitted and preparing new SIU permits for new dischargers. Our scope of services for either an SIU permit renewal or issuance of a new SIU permit includes:
1) Reviewing the SIU application for completeness;
2) Interacting with the SIU to obtain supplemental information, if necessary; 3) Preparing a draft permit for City review;
4) Preparing a draft permit for SIU review;
5) Preparing a draft permit that addresses SIU comments, for City review; 6) Preparing a final permit;
7) One meeting with the City and SIU; and
8) Other coordination with the City.

Subtask 2. 2: Monitoring and Enforcement
SIUs conduct routine monitoring in compliance with their permits and submit monthly monitoring reports. RBI will track when monitoring reports are due, advise the City on pastdue reports, and review each SIU monitoring report for completeness and compliance with the permit, including discharge limits, reporting requirements, and discharge prohibitions. RBI also will prepare a database in MS Excel format to track the following: ( 1) monitoring report receipt date; ( 2) violations; ( 3) enforcement actions taken ( e. g., notices of violation) and status; and ( 4) inspection dates. Budget assumes no more than one enforcement action per SIU, for a total of six( 6) enforcement actions through the end of fiscal year 2024/ 2025. 354
Michael King C RosERrson- BRYpn, / nt.

City of Lathrop SolutionsforProgress
March 13, 2023

Subtask 2. 3: Inspection Coordination
The federal pretreatment regulations require at least annual monitoring and inspection of SIUs by the City. RBI will coordinate with the City and its inspection contractor to conduct annual inspections of SIUs. The purpose of inspections is to determine that the SIU is complying with its wastewater discharge permit. RBI will review completed field inspection forms for each SIU and debrief with the City regarding any issues encountered. RBI will hold a meeting with the City and its inspection firm to discuss the inspection findings and follow- up actions needed.

TASK 3: MEETINGS
RBI will meet with the City (video or phone conference) quarterly, for a total of eight( 8) meetings, to discuss the IPP and review the status of various program implementation tasks, such as inspections completed or to be scheduled, SIUs requiring permit renewal, and status of SIU compliance actions.

TASK 4: PROJECT MANAGEMENT
This task provides hours for RBI' s Project Manager and Principal-in- Charge to oversee and direct RBI staff efforts on each task and hold key conversations with City staff when needed.

In addition, this task provides time for project coordination by phone, email, and video conference with other project team members, budget and schedule tracking, invoicing, and other duties to coordinate/ administer the project.

Additional Assumptions of this Scope of Work
The level of effort for this scope is limited to the hours budgeted. Should additional services be requested due to additional requests of City staff that are not identified herein, or should analyses of greater scope or depth than identified and budgeted herein be required, RBI will notify the City to discuss the extent of any out- of-scope services needed/ requested. Should out- of-scope services be requested by the City, RBI will submit a supplemental scope and fee proposal for those services.

II. SCHEDULE
RBI can begin providing professional services associated with the tasks defined herein upon receipt of a signed contract or written authorization to proceed.

III. CONTRACT AND BILLING ARRANGEMENT
The services to be provided in this proposal are for the period July 1, 2023, through June 30, 2025. RBI will complete the scope of work defined herein on a time- and- materials basis, with an authorized budget of$ 119, 256, as shown in Attachment 1. RBI will not exceed the authorized budget amount without written approval. Attachment 1 provides an estimated breakdown of the total budget by task( Attachment 2). RBI will bill according to its 2023 rate schedule for all services provided between July 1, 2023, and December 15, 2023. RBI will bill 355
Michael King 1' Z RogER son- BRvp/ nc
City of Lathrop
Solutions/ orProgress
March 13, 2023

according to its 2024 rate schedule for all services provided between December 16, 2023, and December 15, 2024, and according to its 2025 rate schedule for all services provided between December 16, 2024, and June 30, 2025.

If you have any questions regarding this proposal, please do not hesitate to contact me at 916) 405- 8918. We look forward to continuing to provide technical services to the City.

Sincerely,
Paul Bedore
Director of Wastewater and Stormwater Regulatory Services Attachment 1: RBI Budget
Attachment 2: 2023 Fee Schedule
356
C''r"C RoeE xon- Bmr+n, lnc.

Solutions/ or Progress
ATTACHMENT 1

RBIBUDGET
Resource Staff
Director Associate Engineer II 2023 Task 2024 Task 2025 Task Leonardo Subtotal Subtotal Subtotal 2023- 2025
Paul Michelle Urrego- ( 25% Task ( 50% Task ( 25% Task Task Bedore Brown Vallowe Hours) Hours) Hours) Subtotal
Task 1: Annual Survey 2 24 40 $ 3, 788 $ 7, 879 $ 4, 058 $ 15, 725 Task 2: Permitting and Compliance Assistance 74,937
Subtask 2. 1: Permit De, elopment 12 48 96 $ 8, 940 $ 18, 595 $ 9, 577 $ 37, 112 Subtask 2. 2: Monitoring and Enforcement 24 48 48 $ 7, 476 $ 15, 550 $ 8, OOS $ 31, 034 Subtask 2. 3: Inspection Coordination 4 8 16 $ 1, 636 $ 3, 403 $ 1, 752 $ 6, 791 Task 3: Meetings( 8) 24 24 3, 444 $ 7, 164 $ 3, 689 $ 14, 297 Task 4: Pro' ect Mana ement 24 24 3, 444 $ 7, 164 $ 3, 689 $ 14, 297 Hour Subtotal 90 176 200
2023 Rates 292 $ 282 $ 195
2024 Rates( 4% Escalator Assumed on 2023 Rates) $ 304 $ 293 $ 203 2025 Rates( 3% Escalator Assumed on 2024 Rates) $ 313 $ 302 $ 209 357
RoeERnon- BRrAn, Inc.

Solutions for Progress
ATTACHMENT 2
2023 FEE SCHEDULE
Charges for project work performed by Robertson- Bryan, Inc. ( RB1) will be calculated and billed at the hourly rates shown below.

PROFESSIONAL SERVICES RATE/ HOUR
Managing Partner 339. 00
Partner 332. 00
Principal Engineer/ Scientist 323. 00
Senior Consultant/ Department Head 306. 00
Resource Director 292. 00
Associate 282. 00
Senior Engineer/ Scientist II 275. 00
Senior Engineer/ Scientist I 261. 00
Project Engineer/ Scientist III 239. 00
Project Engineer/ Scientist II 229. 00
Project Engineer/ Scientist I 209. 00
Staff Engineer/ Scientist II 195. 00
StaffEngineer/ ScientistI 179. 00
Technical Analyst 167. 00
Graphics/ GIS 148. 00
Laboratory Compliance Specialist 144. 00
Administrative Assistant 111. 00
Intern 69. 00
Up to ten percent( 10%) of subcontractor charges will be added to cover administrative costs.

Hourly rates will be increased by a minimum of fifty percent( 50%) for depositions, trials, and hearings. Rates will be adjusted annually. Rates are adjusted annually, effective December 16th

INVOICING AND PAYMENTS
Invoices will be issued on a monthly basis for all work performed on a project. Payment is due upon receipt of the invoice.
358
ITEM 4. 12

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL SERVICES AGREEMENT

WITH FGL ENVIRONMENTAL FOR WATER QUALITY

LABORATORY SERVICES FOR THE CITY' S DRINKING

WATER PROGRAM AND CTF WASTEWATER PERMIT

COMPLIANCE
RECOMMENDATION: Adopt Resolution Approving a Professional Services Agreement with FGL Environmental for Water
Quality Laboratory Services for the City of Lathrop' s
Drinking Water Program and Consolidated
Treatment Facility Wastewater Permit Compliance
SUMMARY:

Water Quality Laboratory Services are needed to maintain regulatory compliance for permits associated with the City' s Drinking Water Program and Consolidated Treatment Facility ( CTF). Staff issued a Request for Proposals to six ( 6) qualified firms on February 22, 2023. Three ( 3) proposals from two ( 2) firms were received on March 8, 2023. After reviewing and ranking the proposals staff has determined FGL Environmental to be the best qualified firm to provide these services for the City.

Staff requests Council approve a professional services agreement ( PSA) with FGL Environmental for Water Quality Laboratory Services for an annual cost of $ 21, 379 per year for the Drinking Water Program and $ 120, 754 per year for the CTF Permit Compliance.

Funds for the water quality laboratory services will be allocated in the Fund 5620 Water) and Fund 6080 ( WW Recycling Plant-# 1 MBR) budgets for the 2023- 2024 Fiscal Year.

BACKGROUND:

The City' s water supply permit is administered by the State Water Resources Control Board Division of Drinking Water Testing and monitoring of water quality is required for conformance with the following regulations:

State of California Title 22 Drinking Water
Total Coliform Rule
Arsenic Rule
Lead and Copper Rule
Groundwater Rule ( pending)
Disinfectant Byproduct Rule Stage II
PFAS Monitoring Order
359
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

APPROVE PSA WITH FGL FOR WATER QUALITY LABORATORY SERVICES FOR

THE CITY' S DRINKING WATER PROGRAM AND CTF WASTEWATER PERMIT

COMPLIANCE
The CTF currently disposes of disinfected tertiary recycled water to land under Waste Discharge Requirements ( WDRs) Order R5- 2018- 0023. The City is in the process of transitioning the CTF effluent discharge to the San Joaquin River which is regulated under the City' s National Pollutant Discharge Elimination System ( NPDES) permit Order R5- 2022- 0044. Both of these permits are administered by the Central Valley Regional Water Quality Control Board.

REASON FOR RECOMMENDATION:

Water Quality Laboratory Services are needed to maintain regulatory compliance for permits associated with the City' s Drinking Water Program and the CTF. Staff issued a RFPs to six ( 6) qualified firms on February 22, 2023. Three ( 3) proposals from two 2) firms were received on March 8, 2023. After reviewing the proposals staff has determined FGL Environmental as the best- qualified firm to provide these services.

FISCAL IMPACT:

The estimated annual costs for the agreement with FGL Environmental to provide the Water Quality Laboratory Services is $ 21, 379 for the Drinking Water Program and 120, 754 for the CTF Wastewater Permit Compliance. Funds for the water quality laboratory services will be allocated in the Fund 5620 ( Water) and Fund 6080 ( WW Recycling Plant-# 1 MBR) budgets for the 2023- 2024 Fiscal Year.

ATTACH M ENTS:

A. Resolution Approving a Professional Services Agreement with FGL Environmental for Water Quality Laboratory Services for the City of Lathrop' s Drinking Water Program and Consolidated Treatment Facility Wastewater Permit Compliance
B. Professional Services Agreement with FGL Environmental for Water Quality Laboratory Services for the City of Lathrop' s Drinking Water Program and Consolidated Treatment Facility Wastewater Permit Compliance 360
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

APPROVE PSA WITH FGL FOR WATER QUALITY LABORATORY SERVICES FOR

THE CITY' S DRINKING WATER PROGRAM AND CTF WASTEWATER PERMIT

COMPLIANCE
APPROVALS:
o-... O 20 23
Greg Gib n Date
Senior C il Engineer
y
f
3 z3
Brad ylor Date
City Engineer
r
3l3 ) z3
Cari James Date
Finance Director
3• 30• 2023
Michael King Date
Assistant City Manager
3 3p ` L-o Z 3
Salvador Navarrete Date
City Attorney
23 St en J. Salvatore Date
City Manager
361
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH FGL

ENVIRONMENTAL FOR WATER QUALITY LABORATORY SERVICES FOR THE

CITY OF LATHROP' S DRINKING WATER PROGRAM AND CONSOLIDATED

TREATMENT FACILITY WASTEWATER PERMIT COMPLIANCE
WHEREAS, Water Quality Laboratory Services are needed to maintain regulatory compliance for permits associated with the City' s Drinking Water Program and Consolidated Treatment Facility ( CTF); and
WHEREAS, staff issued a Request for Proposals to six ( 6) qualified firms on February 22, 2023, and three ( 3) proposals from two ( 2) firms were received on March 8, 2023; and
WHEREAS, after reviewing and ranking the proposals staff has determined FGL Environmental to be the best qualified firm to provide these services; and WHEREAS, staff requests Council approve a professional services agreement with FGL Environmental for Water Quality Laboratory Services for an annual cost of 21, 379 per year for the Drinking Water Program and $ 120, 754 per year for the CTF Permit Compliance; and
WHEREAS, funds for the water quality laboratory services will be allocated in the Fund 5620 ( Water) and Fund 6080 ( WW Recycling Plant-# 1 MBR) budgets for the 2023- 2024 Fiscal Year.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a professional services agreement with FGL Environmental for a total annual cost of $ 21, 379 per year for the Drinking Water Program and $ 120, 754 per year for the CTF Permit Compliance to be paid from the Fund 5620 ( Water) and Fund 6080 ( WW Recycling Plant-# 1 MBR) respectively. 362
The foregoing resolution was passed and adopted this lOth day of April 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 363

ATTACHMENT
p, „

CITY OF LATHROP

AGREEMENT FOR PROFESSIONAL SERVICES WITH FRUIT GROWERS
LABORATORY, INC.

FOR CITY OF LATHROP WATER QUALITY TESTING LABORATORY SERVICES THIS AGREEMENT, dated for convenience this 1
St day of July, 2023 is by and between Fruit
Growers Laboratory, Inc. (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Drinking Water Quality Testing Laboratory Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Water Quality Testing Laboratory Services, 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 perform Water Quality Testing Laboratory Services in accordance with the scope of work and fee proposals provided by CONSULTANT, attached hereto as Exhibits "A" and "B" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction. The fee proposals shall include all reimbursable costs required for the performance of the Scope of Services. Payment of 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 not to exceed$ 21, 379.00, for the Drinking Water Quality Testing Laboratory Services set forth in Exhibit" A", and $ 120, 754. 00 for the Wastewater Permit Compliance Water Quality Testing Laboratory Services set forth in Exhibit" 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 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. Payment is made based on a time and materials basis.

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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY TESTING LABORATORY SERVICES 3) Effective Date and Term
The effective date of this Agreement is July 1St, 2023 and it shall terminate no later than 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 expresslywarrants 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 work on a monthly basis, or as otherwise agreed, providing without limitation, details as to amount of 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 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.

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

CONSULTANT 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 normal business hours for the purpose of interviewing employees and inspecting and copying such books, 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 final payment under this agreement.

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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY TESTING LABORATORY SERVICES 8) Assiqnment of 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: Jim Kavanaugh, CITY shall be notified by CONSULTANT of any change of its Authorized Representative, and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY' s sole discretion, and shall be notified by CONSULTANT of any changes of CONSULTANT' s 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) 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 therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized 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 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.

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3 of 10
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY TESTING LABORATORY SERVICES 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 one million dollars ($ 1, 000, 000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this 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 0001 ( 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.
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.

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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY TESTING LABORATORY SERVICES 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 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.

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5 of 10
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY TESTING LABORATORY SERVICES e) Notice of Reduction in Coverape. 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;
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.
11) 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 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 Page
369
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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY TESTING LABORATORY SERVICES under this 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. 12) 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.
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 services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
15) 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.
16) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either parry 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.

To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Page
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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY TESTING LABORATORY SERVICES Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
To Consultant: Fruit Growers Laboratory, Inc.

Corporate Office
853 Corporation Street
Santa Paula, CA 93012
Phone: 805- 392- 2000
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 authority to grant such approval or consent. b) Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, 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 with 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 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. f) 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. g) 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 this Agreement. h) 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.
i) 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 bythe parties. j) Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether Page
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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY TESTING LABORATORY SERVICES or not 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 shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

I) Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other 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 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.
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 to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney's fees, incurred or expended 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 Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.

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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY TESTING LABORATORY SERVICES 19) 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.

Approved as to Form: City of Lathrop
City Attorney
3 -30 zp -
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Fruit Growers Laboratory, Inc.
853 Corporation Street
Santa Paula, CA 93012
Fed ID # 95- 07550000
Business License # 20225
Signature Date
Print Narne and Title
Page
373
10 of 10
City of Lathrop Water Quality Testing Fee Estimate 2023- 2024 Drinking Water Program
EPA Method/ Constituent Price per No. Extended
Sam le Sam les Price
H' 8..« j «
Weekly System Monitoring: 8 Sites
SM9223B/ Total& E. Coli Coliform 13 416 5408
Field Test— Field Chlorine Free 13 416 5408
Monthly Bacti Wells 6, 7, 8, 9 & 10
SM9223B/ Total& E. Coli Coliform- QT- Colilert- 100 13 60 780 Field Test— Field Chlorine Total 13 60 780
SM9215B HPC Standard Plate Count 34 60 2040
Quarterly LAWTF( CR) Monitoring
EPA 200. 8/ Metals, Total- As 11 4 44
Monthly LAWTF( CT) Monitoring
EPA 200. 7/ Metals, Tota1- Iron 11 12 132
Weekly LAWTF( CT) Monitoring
EPA 200. 8/ Metals, Total- As 11 52 572
Quarterly Stage 2 DBP Monitoring
EPA 551. 1/ Trihalomethanes( 4 Sites) 42 16 672
EPA 552. 2/ Haloacetic Acids( 4 Sites) 89 16 1424
Annual Arsenic Monitoring Wells 6, 7, 8, 9& 10
EPA 200. 8/ Metals, Total- As 11 5 55
Annual Nitrate Monitoring Wells 6, 7, 8, 9 & 10
EPA 353. 2 Nitrate/ Nitrite Nitrogen 13 5 65
Regulated VOCs Wells 7& 8
EPA 524. 2 VOCs 120 2 240
Regulated SOC Wells 6, 7, 8, 9& 10
SRL 524M- TCP/ 1, 2, 3 - Trichloropropane 68 5 340
Quarterly PFAS Wells 6, 7, 8, 9 & 10
EPA 533/ PFAS 295 5 1475
Total Price Quote= 19, 435
Add 10% Contingency for unscheduled testing 1, 944
TOTAL CONTRACT AMOUNT= 21, 379
374
City of Lathrop Water Quality Testing Fee Estimate Fiscal Year 2023- 2024 Wastewater Permit Compliance
EPA Method/ Constituent Price per No. Extended
Sam le Sam les Price
Daily Total& Fecal Coliform( EFF- 001)
SM9221B, E/ Total& Fecal Coliform 33 365 12045
Weekly BODS and Total Suspended Solids( INF- 001)
SM5210B/ Biochemical Oxygen Demand( BODS) 33 52 1716
SM2540D/ Total Suspended Solids( TSS) 20 52 1040
Electrical Conductivity @ 25 degrees Celsius 15 52 780
Weekly BODS( EFF- 001)
SM5210B/ Biochemical Oxygen Demand ( BODS) 33 52 1716
Monthly Total Dissolved Solids, Total Nitrogen( as N),
Total Sus ended Solids EFF- 001)
SM2540C/ Total Dissolved Solids( TDS) 20 12 240
Total Nitrogen 20 12 240
SM2540D/ Total Suspended Solids( TSS 20 12 240
Weekend and Holiday Effluent Monitoring( EFF- 002)
This monitoring will occur when the CTF is sending
water through the cooling ponds, which will typically
occur October—April, annually
Temperature 11 70 770
pH 11 70 770
Monthly Effluent Monitoring( EFF-001)
EPA 624. 1NOCs( DBCM, DCBM, Bromoform, 140 12 1680
Chloroform)
EPA 200. 7/ EPA 200. 8/ Individual Metals— Barium( Ba)
11 12 132
EPA 300. 0/ SM4500/ Nitrate( NO3- N) 20 12 240
EPA 300. 0/ SM4500/ Nitrite( NO2- N) 20 12 240
Calculate from EPA 300. 0/ SM4500/ Nitrate+ Nitrite as N 20 12 240 NO3- N+ NO2- N
Quarterly Effluent Monitoring( EFF- 001)
SM 5310C/ Dissolved Organic Carbon 51 4 204
SM2340B/ Total Hardness( as CaCO3) 29 4 1 l6
EPA 1630/ Mercury— Methyl Mercury 165 4 660
EPA 1631/ EPA 1669/ Mercury- Total 95 4 380
EPA 200. 7/ EPA 200. 8/ Individual Metals— Lead( Pb) 11 4 44 Annual Effluent Monitoring( EFF- 001
orpyn os an iazinon— . . et o
395 1 395
Method 8141, or equivalent GC/ MS method with a lower
Reporting Limit than the Basin Plan Water Quality
Objectives of 0. 015 µg/ L and O. lµg/L for chlorpyrifos and diazinon
Whole Effluent Toxicity( WET) Testing( EFF-001)
Bioassay— Acute Toxicity, Rainbow Trout 580 4 2320
Bioassay— Chronic Toxicity, 3- Species, 6- Dilutions+ 5960 4 23840 Control( lab water). [ An amendment to the NPDES
permit is anticipated in 2023 that will allow a standard 5- concentration dilution series.] Include concurrent
reference toxicant test.
375
City of Lathrop Water Quality Testing Fee Estimate Fiscal Year 2023- 2024 Wastewater Permit Compliance
Pyrethroid- related Toxicity Testing( one location
RSW-002 or RSW- 003])
Bioassay— Acute Toxicity, Hyalella Azteca 775 4 3100
Monthly Receiving Water Monitoring( RSW- 002 and
RSW- 003
SM4500- NH3- N/ Ammonia Nitrogen( as N 21 24 504
Quarterly Receiving Water Monitoring( RSW- 002
and RSW- 003
SM 5310C/ Dissolved Organic Carbon 51 8 408
EPA 200. 7/ Hardness, Total( as CaCO3) 29 8 232
Pyrethroid Pesticides Monitoring( EFF-001 and one
RSW location[ RSW- 002 or RSW- 003]
Total Pyrethroi Pesticides— EPA 8270 or equiva ent 2g 1 8 2248 Method must be validated by the Central Valley Water
Board per the NPDES permit, Monitoring and Reporting
Program, section IX. D.

Total Organic Carbon( TOC) 45 8 360
Effluent and Receiving Water Characterization
Monitoring( EFF- 001 and RSW- 001) Constituents in
the NPDES permit, MRP, Table E- lOTable E- 10
constituents routinely monitored and listed above are
not included in the uote list below
EPA 624. 1NOCs Full List 140 8 1120
EPA 625. 1/ Semi- Volatile Organics 395 8 3160
EPA 200. 2/ Metals— Sample Prep 18 8 144
EPA 200. 7/ EPA 200. 8/ Priority Pollutant Metals 11 8 88 EPA 200. 7/ Boron ll 8 88
EPA 300. 0/ Chloride 20 8 160
EPA 4500- CN CE/ Cyanide, Total( as CN) 50 8 400
EPA 200. 7/ EPA 200. 8 Phosphorous, Total( as P) 31 8 248 EPA 300. 0/ Sulfate 21 8 168
SM 4500- S D/ Sulfide( as S) 21 8 168
EPA 6083/ Chlorinated Pesticides& PCBs 113 8 904
SM5540C/ Foaming Agents( MBAS) 42 8 336
SM2340B/ Hardness( as CaCO3) 29 8 232
SM2540C/ Total Dissolved Solids 20 8 160
SM4500- NH3 G or equivalent/ Ammonia( as N) 21 8 168
EPA 300. 0/ SM4500/ Nitrate( as N) 20 8 160
EPA 300. 0/ SM4500/ Nitrite( as N) 20 8 160
SRL 524M- TCP/ 1, 2, 3 - Trichloropropane 68 8 544
EPA 504. 1/ EDB & DBCP 95 8 760
EPA 5153/ Herbicides 106 8 848
EPA 525. 2/ EPA 507/ Pesticides, Full List 245 8 1960
EPA 531. 1/ Carbamates 124 8 992
EPA 548. 1Bndothal 165 8 1320
EPA 549. 2/ Diquat 106 8 848
Krones/ Tribulytin 255 8 2040
Annually( Water Supply)
SM2540C/ Total Dissolved Solids( TDS) 20 1 20
376
City of Lathrop Water Quality Testing Fee Estimate Fiscal Year 2023- 2024 Wastewater Permit Compliance
EPA 200/ Prep for Total Metals Analysis 18 1 18
EPA 200J/ EPA 200. 8 Standard Minerals 98 1 98
pH 5 1 15
Annually( Sludge Monitoring)
SM9221 B, E/ Total & Fecal Coliform 45 1 45
Solids, Total( or% moisture)( Solid) 13 1 13
SM4500- NH3H/ Ammonia Nitrogen( NH3- N)( Solid) 21 1 21 SM2510B/ Electrical Conductivity( EC) ( Solid) 15 1 15
EPA 300. 0/ Nitrate( NO3 or NO3- N)( Solid) 20 1 20
SM4500- Norg/ Nitrogen, Organic( TKN- NH3- N)( Solid)
45 1 45
EPA 351. 1/ Total Kjeldal Nitrogen( TKN)( Solid) 38 1 38 EPA 9045/ pH( Solid) 25 1 25
SM2540C/ Total Dissolved Solids( TDS)( Solid) 20 1 20
EPA 200/ Prep for Total Metals Analysis 18 1 18
EPA 200. 7/ EPA 200. 8/ Individual Metals 1] 1 ll
EPA 8081 130 1 130
EPA 8082 130 1 130
EPA 8270 281 1 281
EPA 7471/ Mercury( Solid) 45 1 45
Industrial Pretreatment Program Monitoring in 2024
Per NPDES Permit, MRP, X.D.S. A( effluent testing
for the IPP will be ful lled with the effluent
characterization sam les in the table above
Influent— Federal Priority Pollutant List( except asbestos) 1145 1 1145 https:// www.epa.go v/ eg/ toxic- and- priority-pol lu tantsunder- clean- water- act# riorit Biosolids— Federal Priority Pollutant List( except 1145 1 1145 asbestos) https:// www.epa.gov/ eg/ toxic- and- priorityollutants- under- clean- water- act# riorit Field Services
Sample Pick Up, Standard Weekday 30 260 7800
Sample Collection Fee— Saturday/ Sunday 45 104 4680
Sample Collection Fee- Holiday 75 12 900
Total Price Quote= 90, 754
Contingency for unscheduled testing 30, 000
TOTAL CONTRACT AMOUNT= 120, 754
377
M
City of Lathrap RF'F February 22, 2023
Water Quality L,a6atatory Sen+ices{ Drinking Watec}
Bid Pricing from
ApFe dix B FGL Environmental
Provide a fee proposal by compl ting the unit and extended priccs tests presented below, including a total pcice quote( including sampling fee}. The numbers of annual sarnples presented are estunates for hid comparison purposes only and actual quantities under the c ntract rnay vary from year ta year:

1. Drinking Water Tests( SWRCB-DDW letter dated Novem6er 30, 2022 and Public Drinking Water Watch websitt( hctns:/ Isdwis. watsrbaards. ca. v/ PDW W/ 1) EPAMethodiConstitueat Pricc per Sample No. Eztepded Price Sam ies
Wcekl S siem Mopttorin : 8 Sitts
SM9223B lTotal& E. Co} i Coliform 416
Field Tesi— Field Chlodne Free 41 b
EPA MethodJCanstituent PrEce per Saaaple No. Exte ded Price Ssm les
Monthl Bacti Wells ells b 7 8 9& 10
SM9223H/ Tfltal& c E. Coli Caliform $ 13 64
Fic d Tcst— FietQ Chlorine Tota! 60
SM9215B HPC Standarci Alate Coun t 34 60 Zpqp
EPA Method/ Constituent P ice per Samplr No. Extended Pr3ce Sam les
Annuaf Nitm en as Mon3torin eUs 6 7 8, 9&] 0
EPA 353. Z Nitrate/ Nitritc TIiGv en 13 5
EPA Method/ Constituent Price per Sample No. zteaded Price Sarn tes
3 esr Nitsfte aad 1Vitrate+ Nttr te Moaitorin ells 6 7 $ 9& 10 EPA353. 2NitratrJNitritcNitra on 5
EAAMethodlCoastituent PriceperSample No. ExtentisdPrice Sam l rs
3- ear R lated GMlGP Welis 6 7 9& 10
Various—GenerslMiaeral( Alkaliaity, S qg5
Boron, Caloium, Carbonate, Chloride, a S99
Coppe, Aggsessive Znde Bicarbanate,
Fiva ide, Foaming Agents, Hydroxidc,
ton, Langlier Inde Magnesium,
Manganrsa, Nitrate, Nitritc, pH,
Potassiusn, Sodium, SAR, Elcctrical
Conductivity, Sulfate, TDS, Total
Hardnes Zino
Various— IOCMetais( Alumiaum, 5 56
Mtirriony, Arsenic, Harium, Heryllium, QS 112
Cadmium Ct rom'surn, L,oad, Mercury,
Nicket, Sclanium, Sitvcr,' I'hailium,
Var dadium
Veriaus— Geaeral Physicai( Calor, Qdor, S 05
Turbidi 1
378
City of Lathrop RFP February 22, 2023
Water Quality Laboraiory Services{ Drinking Water)
Bid Pricing hom FGL
Enviranmental
EPA MethodlConsNtuent Price per Sampie No, Extended Price Sam tes
Voletile O nic Chemicals Welis ells 6 7 8 9& 18
EFA 524. 7NOCs 5
EPA Methoc lCunstituent Price per Sampie No. Extended Price Ssai les
R lat i S thetic O aic Chesnicals Wells eUs b 7 & 9& 10 DBCP/ EDB 5
AUszine& Siraezine 5
EPA MethodlConstitueni Price per Sample Nu. Eztended Price Sam les
Semi- Aanuai Pacchlorate elts 6 ? S 9& l0
BPA 314. 41Perchlorate 5
EPA Method/ Csnstitu nt Price per Sempte No. Extendet! Price Sam 1es
I Tric laro ro ane elis 6 7 8.4& 10
CASRL— 524M- TCP l4
EPA MethadtConstituent Price per Sample No. Exteaded Price Sam les
PFAS elis b . 9& l usrterl Monttortn
EPA 533/ PFAS 2Q
EPA MethodlCons# ituent Price rer Sampis lYa. Extendad Priee Ssm ! es
Cross A! he olts 9& 10
Gross Al ha 2
EPA MethodlCo stitutnt Price per Samgle Na. Exteadsd PrEce Sam ! es
Urantum elis 4& 10
Uraninm 2
EPA MethodJConstituen4 Price ptr Sampie No. Extended Price Sam 1es
Redinm- 226 at d Rsdiam Z28 clls 4& IO
Uranium 2
EPA MethodlConstitutat Price per Saxnp[ e Na. E: tended Price Sam les
3- car Le d aad Co c30 sttes
EPA 2fl0. 7120U. 8 Capper( Cn) and Lead 22 3U 66fl
b
379
City af Lathrop RFP ebruary 22, 2023
Water Qualiry Laboratory Services{ flrinking Water) Bfd Pricing firom FGL Environmental
EPAMethoc! lConstituent Price per Sampls No. Exteaded Price Sam Ies
uarteri Drinkin Water Mouiiorin Sta e 2 DBFR Cam liance BPASSi. 1/ Tribatomethanes 4Sites 1G
PA 552, 2J 9 16 1424
Haloacctic Acids 4 5ites
EPA M2i l0i/ CdltSt tllCA Price per Sample No. Eatended Price 81t1 NS
9- car Asbestas Monitorin Istribut on$ stem with AC Pl e Asbutos 1
EPA MethodtConstituent rice per Sample No. Extended PrIce Satts les
LAWTF Cambined Treated WeeW Monitorin
F..QA204. 7/ EPA 2Q0. 8 individuai Mot ats- I 1 S2 57
Arscnic
EPA MetltadlConstituent Price per Samgle No. Extended Price Ssm ! es
LAWTF Combincd Treated Moath) MonStorin
EPAZ40, 71EPA 2qU.$ Individuat Metals 12 Q$ 1 I $ , 32
Iron
EPA MeihadlCanstituent Prtce per Sample No. Esteaded Pr ce Sam tes
LA1'VTF Cumbined Raw uarEerl Maniiorin
EPA2flU. 7/EPA200. 81ndividualMeials S11 4 1} q
Arscnia

2. Allowance for six( 6) unsch$ duled Bac- T tests for waker system maintenance and repairs, and for two semi- annual manitoring events for TDS at five water supply weUs and trva monitoring wells{ neither af these resuits are rcported to the State).

EPA MethodlConsittuent Price per Samplt 1Vo. Extended PrIce Sam les
Unschsduled Bac- T tpts tor Waker S stem Meintenaace
SM9223B R'otal& E.Coli Collform 13 6
Field Test— Fie d Chiorine Frt S13 6
Sam lin — Rontino Bacti Moaitorin 30 6
EPA Mett udlConstftuont Price per Sampie No. E: tendad Price 5am 1ss
Semi- AnnualMuaitorin forTDS
EPA 16Q. 1 TDS 14
Tatal 4' rice Quote( Drinking Water Program};_$_ 29, 124. 00 Bid pricing from FGL Environmental
380
City af Lathrop RFP Eebrusry 22 2023
Waier Quality Laboratory Secvices( CTF)
Bid Pricing from
Appendi B
FGL Environmental
Provide a fee proposal by compleEing ihe unic and extended prices tests presented belaw, including a tatal price quote{ including ail fees), ' I' e numbers ofanneal samples presented are estimates for bid comparison purposes only and actual quantities under the cantract may vary from year to year:
i. WDR RS- 2416-4028- 03 REV3 Monitaring and Reporting Program EPA Method/ Canstitueot Pr ce er Sam 1e Na. Sa lss Extended Price Dali Total& Fecsl Coliiorm EF
SM4221B FJi' atai& Fceal Coliform 365
EPA Mel4od/ Consiituent Price er Sam le No. Sam tes ExttndM PHce Weekl BODS and Total Sus ended 5olids N
SM52fOBBiochcmicalOxygeeDemand 52 1716
QDS 33
SM2540D/ Tote1 Sus nded Sofids TS5 52 2Q
EPAMetl odJCoastituent Pcicr er Sam 1e Na. Sam ! es Extended Price Wetkl BODS EF
SM5214H/ BiochemicalOxygcnDcmand $ 33 32 1716
BODS
EPA MelhodJConst[ tuent Price cr Sam 1e iVa. Sam les Extcuded Price Monthi Total pissofved Soli Totai Nitro en as N Toisl Sus ended Sollds E SM2544C/ 1'otal Dissoived 5olids TDS 12
Total Nitra en 12
SM2540D1Tota1 Sus ended SoSids TSS 2
EPA Methad/ Constituent Price r Sam le No. Sam les Exteoded Price Annual Pt ority Pollutants Listed in Table 1 and Tabla 2 of the WDRs MRP RS- 2016- 0428- Q3 REV3 Will be Fullilltti wiih Efiluent Chargcterization Tcsiin uoder tht NPDES craai ste table belaw, NtA
EPA Method/ Caastituent Price r Sam ie No. Ssm 1es ExtsnBed Price Annuall aterSu I
SM2340Cltotal Dissoiv d Salids DS 1
PA 20QtPn for Total MetaJs Mai is 1
EPA 2Q0. 71EPA 200. 8 Standerd Mincrels 1
H
381
City of Lathmp R.FP February 22, 2U23
Water Quality Laboratory Services( CTF} Bid Pricing fram FGL Environmental
PAMethocUConstitueat Price rSam te No. Sam tes ExteadedPrFce Aanusl! Stud e Monitorin
SM9221 B F/ Totat& Fecat Caiifocm 1
Solids Tatal or° maishsrc Soti i
SMA50- NH3H/ AmmoniaNitrogen $ 2 1 Z},
Solid
SM25t4BiElcctricalConductivity{ EC) $ ig 1 15
Solid
EPA 300A/ hiitrate( NO3 orNC13- I $ 2{ 1 2p
Solid
SM4500- Narg/ Nitrogon, Organic( TKN- $ qS 1 45
NH3- Solid
EPA 331. lITotai Kjeldal Nitrogen( TKN} $ 3$ 3$
Solid
EPA 9045/ H Solid 1
SM2540GTotal Dissolved Salids( TDS} $ 2p 1 20
Salid
EPA 200/ Pre far Total Metals Ana! sis I
EPA 240. 7/ EPA 2U0. 8/ Individual Meials 1
EPA$ 08I 1
EPA 8082 1
EPA 8274 1
BPA 7471JMetcu Soltd t
PA MethodiCansbit ent Price rSam le No. Sam ! es Ertended Price FieiB Services
Sam le Picic U Standsrd Weskda Q
Sam 1eCaflectionFee— Saturda iSunda l04
Sam le CoSlcction Fe- Nolida 12
Tata! Quai( CTF WDR MRP): 31. 6Z5. OD
Bid Pricing from
FGL Environmental
382
City af Lathrop RFP February 22, 2023
Water Quality Laboratary Services{ CTF)
Bid Pricing frorn
FGL Envirr nmental

2. (? rder R5- 2022- 0044 NPD£ S CA0085359 Monitoring and Reparting Program( MRP) EPA MethodJConstituent Pcice er Sam 1e No. Sam les Extended Prico WeaW iaAnent Manitorin NF- 001
SM52tOBBiachemicalOuygee Demand 52 Z71g
H DS S33
SM2540D Total Sus andcd Salids TSS 52 $ 2ti
E ectncaf on ucttv 25 52 $ t5
EPA MethodtConstitneet Price rSem le No, Sam les Extended Price Daji EftiucntManitoria FF-0Oi
SM9221 S Efl"otal& Fecal Colifcfrm 365
EPA Mei ad/ Constituent Prke er Sam 1e No. Sam I, s Extcndrd Price 3lWetk EtfJueat Monitorin EFF-0Ol
SM52108BiochemicalOxygenDesnand 156 glqg
BODS
SM2540D Toial Sus ondtd Solids TSS 155 $ 20
EPA MethodlCanstitnant Price rSam le io. Sam les Extended Price Weekt Efilnent Monitoria EFF Opl
5M4540- NH3- N/ AmmoniaNitro en as N S2 $ 21
Elactncal Con uctivi 25 b 52 S 15
EPAMethod/ Congtttuent Price er Sam ie No. Sam les xtended Prtce Wcekend and Hoiiday Efilnent Maaitoring( EFF- 002)
This manidaring wlp occur when the CTF is settdl ng water through the cooting ponds, whlch will typicaliy occur October—A ril snnual
Tem eratur 0
H 70
EPA Meihod/ Conatituent Price r Sam ! e No. Sam tes Extended Price Moatht Eitlnent MonitaNn E F-001
EPA624. iNOCs( DBCM. DCBM, $ 140 12 1680
Bromafarm Chlatnfarm
EPA 200.?/ PA 200.$/ Individual Matal S 11 t 2 132
Barium Ba
EPA3QQ. O/ SM4500Mitrate 03- Z
SPA 3Q0. 0/ 5M4500Mitrite U2-N 2
Caiculata frorn EPA 304. O/ SM45d0/ Nitr ate 20 12 q
Nitrite as N 03-N+ NO2-
E!' A MethfldlCocstituent Price r Sam ! c lYo. Sam la EYtende i Price uarleH Eflluent Moaitorin EF'- 601
SM 53! OClDissofv d O ic Carbon 4 S5]
SM234081Total Hardncss as CaCO3 g
EPA 16301M rou — Meth 1 Meroor 4 5165
EPA 1631J£ PA 1669Rvterc - Total 4 95
EPA 240.?/ EPA 200. S/ IndividueS 4 Q 1 I ( each) $ 44
Metals Lead b
383
City of Lathrop RFP February 22, 2fl23
Watsr Quality I.aboratory 5ervices( CTF) Bid Pricing from FGL Environmental
EPA MethodtConstituent Price r Sam 1e No. Sam fes Extanded Price Anausl Eff uent Maaitodn EFF-0Ol
Chlflrpyrifos end Diazinan— U. S. EPA 5395 395
Methad 625M, Mcthod 8141, ar equivel cnt
GGMS method with a bwor Rcpociing
Limit than thc Besin P1an Water Quality
Qbjectives of Q. O 15 EcgJi. and 4. i µg/ L. fo
chlo rifos and diazinon
EPAMethod/ Const tuent Prtce erSam te No. Sam Jes Extended Price Who e Efflueni Toxic Test n FF- 04i
Hioassa — Acute Toxici . Rainbaw Trout 4 580
Biaassay— Chronic To ucity, 3- Spaci cs, G- 4 S396U $ Z3& 10 Diluiions+ Conirol( lab waterj. [ An
amendmeni ta thc NfrDES permit is
anticipattd in 2023 that wip atiaw a
ssandard 5- concennation dilution stri es. J
Include cancurrentraferencatoxicant test
EPA MethodiConstituant PrIcc r Sam 1e iVo. Sam les Estended Pricc refhroid- related Touici Testi one( ocation RSW- 4Q2 or RSW-003 Biaassa — Acute Toxici H a1eQa Azieca 4 5775
EPAMethoc} iCortstituent Price rSam le NaSam 1es ExteadedPrice M athl Resejvio Water Monitoria lt5W- 4d2 aod R.SW- OU3 SM4S00- NH3- NtAmmania Nitro cn as 24
EPA MethodlCoasti# uent Price er Sam le No. Sam tcs Ext$ nded Price uarterl RBCC YJp Water Manitor n W-002 snd RSW- 003
SM S310GUissolval O ic Carbvn 4
EPA 200.?/ Hardn Tota1 as CaCO3 4
EPA MethodlCottstituenE Price er Sam ! e No. Sam ! es E=tencled Price P rethratd Pestic3drs Monitarin FF-00] a d one RSW locatian RSW- 110Z or RSW-003 Total Pyrethroid Pe$ ticida—EPA 8? 70 or 2gl 8 2248
equivalsn Moihod rnust ba vafidatsd 6y the
Central Valley WaterBaard pertheN DES
permiG Monitoring and Repcsrting Progam,
sectian[ X. D.

Toial O ic Carbon ' OC 8
EPA Methnd/ CanstEtuent Price er Sam le No. 5am la Eztended Price E[ tlueat aad Recofviag Water Cbaracterizatioa Manitoring( EFF-0O1 and E, SW- 001) Coastituents in the NPDES permit, MRP, Table E-] 0
Tab1e E- 10 canstitaeats rautlnel monitored and listed above are nat included[ n the uota list below EPA 624. 1NOCs Full List 8
EFAG25. 1/ Semi- Volatile0 ics 8
EPA Z00. 2/ Metals— Satn le Pse 8
EPA204. 7/ EPA200. B/ PriorityPoltutant $ li{permetal} 88 Metals
EPA 200. 7Bomn 8
EPA 300. 4JChloride 8
EPA 4500• CN CFJC id Total as CN 8
384
City af Lathrop RFP Febsvary 22, 2023
Water Quality Laboratary Services( CTF) Bid Pcicing from FGL Enviranmenta
PA 20p. 7/ EPA 20Q. 8 Phosphorous. Totai $ 31 248
as P
EPA 304. 0/ Sulfate 8
SM 430Q- S DlSutfidc as S 8
EPA 608. 3/ Chlorinatcd Pesticidos& PCBs
SM5540GFoamin A ents AS 8
SM23408JHardness as CaCp3
SM2540ClTata! Dissolvod Solids 8
5M4540- NH3 G or cquivaleadAmrnooia{ as $ l 8 168
EPA 300. OI5M45001Nitcate as 8
EPA 300. O/ SM45QO/ l+litrite as N 8
SRL 524M- TCP/ 1 3- Trichloro ro ane 8
EPA SD4, IIEDB 8c DBCP 8
EPA 5153/ Merbicides 8
6PA 525.ZIEPA SQ71Pesticides Full List
EPA 53!. l/ Car6amates
EPA 548. i tEndothal 8
EPA 544. 2JDi uat 8
Kmaes t Tri6ul in 8
EPA MethodlConstituent Price er Sam le No. Sam les xtended Price Fitld 5arvices
Sam le Pick U Standard Weekda 260
5am laCollectionFea— Saiurda / Sunda 104
Sam le Collcction Fee- Holida Z
EPA Method/ Canstituent PRfi2 r Ssm ! c iVo. Sam les EltCpdt{ PCIC@ Industrial Pretreatment Program MaaitoNng itt 2024
Per NPDES Perca it, MRP, X. D. S. A
ef luent tesiis for the iPP tva11 be fvlfilted with the offluent charactarizatian sam les in the tsbie abave Influent— FedGra[ Priarity Follutant List $, 145 j 2145 exccpt asbestos}
bttps:i/w vw.epagov/ cgJtaxic-and-priorityiluUants- under-clean-ws#er- ac riori Siosolids— Federal Psioriry PoUutant List $ 1 45 2245
axceptasbestos}
hrips;llwww. epa. govisgJioxic- and- prioriryollutants- under-cican- water-act# rion Total Price Quote( CTF NPDES MRP): 120. fi47, 4Q
Bid Pricing from FGL Environmental
385
386
ITEM 4. 13

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT CHANGE ORDER NO. 3 &
NO. 4 WITH CUSHMAN CONTRACTING

CORPORATION FOR THE CTF

DECHLORINATION FACILITY OF SURFACE
WATER DISCHARGE, CIP WW 20- 17 AND

APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving Contract Change Order Nos. 3 and 4 with Cushman Contracting
Corporation for the CTF Dechlorination Facility
of Surface Water Discharge, CIP WW 20- 17
and Approving Budget Amendment
SUMMARY:

On September 13, 2021, City Council awarded a construction contract to Cushman Contracting Corporation ( Cushman) for the construction of the Consolidated Treatment Facility ( CTF) Dechlorination Facility ( Project) portion of Surface Water Discharge, CIP WW 20- 17. At the time of contract execution, the National Pollutant Discharge Elimination System ( NPDES) permit for CIP WW 20- 17 had not been granted final approval.

Subsequent to contract' s execution, the NPDES permit was approved. Consequently, requiring installing additional discharge analyzers than originally proposed in the original bid documents. To address these changes, Cushman submitted a cost for Contract Change Order ( CCO) No. 3 for $ 313, 916. 86 for the purchase and installation of the additional analyzers. Cushman also submitted a cost for CCO No. 4 in the amount of $ 124, 118 as a reconciling change order to settle credits and expenses due to the adjustments in the original bid quantities.

Staff requests Council approve CCO No. 3 for $ 313, 916. 86 and CCO No. 4 for 124, 118 with Cushman. Sufficient funds were not allocated in FY 22/ 23 for CCO Nos. 3 and 4. Therefore, staff also requests Council approve a budget amendment transferring $ 150, 000 from the Wastewater Connection Fee Fund ( 6030) to the CIP Project Fund ( 6090) to fund the additional work represented by CCO Nos. 3 and 4.

BACKGROUND:

On September 13, 2021, City Council awarded a construction contract to Cushman for $ 3, 620, 000, plus a 10% construction contingency of $ 362, 200 for a total Project construction budget of $ 3, 982, 000. At the time of contract execution, the City' s NPDES permit for Surface Water Discharge, CIP WW 20- 17 had not been issued. 387
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CCO NOS. 3 AND 4 WITH CUSHMAN FOR THE CTF
DECHLORINATION FACILITY OF SURFACE WATER DISCHARGE, CIP WW 20- 17 AND APPROVE BUDGET AMENDMENT
The NPDES permit became effective on February 17, 2022, and required the installation of thirteen ( 13) additional discharge analyzers and associated appurtenances than initially anticipated in the original bid quantities; Cushman presented the City with a cost of $ 313, 916. 86 ( CCO No. 3), to cover the purchase and installation of these extra analyzers. Upon assessment, staff determined that the costs were reasonable and in line with unit costs submitted during the bidding process. Cushman has also submitted a cost for CCO No. 4 in the amount of$ 124, 118 as a reconciling change order to settle credits and expenses due to the adjustments in the original bid quantities.

CCO Nos. 1 and 2 previously approved for this contract total $ 327, 291. 84. This cost funded necessary revisions to piping and structural work due to the broader requirements of the NPDES permit as issued.

Staff requests City Council approve CCO Nos. 3 and 4 with Cushman for the Project portion of Surface Water Discharge, CIP WW 20- 17 and budget amendment.

REASON FOR RECOMMENDATION:

The additional work listed in proposed CCO No. 3 is necessary for the City to comply with the NPDES permit. Proposed CCO No. 4 is necessary to ensure the correct payment to Cushman for cost increases and decreases due to changed quantities of various bid items in the original contract.

FISCAL IMPACT:

The approved contract with Cushman is for $ 3, 620, 000, with a 10% construction contingency in the amount of $ 362, 000, for a total Project budget of $ 3, 982, 000.

The cost of CCO No. 3 is $ 313, 916. 86, and the cost of CCO No. 4 is $ 124, 118.

Sufficient funds for CCO Nos. 3 and 4 were not allocated to the Project in the FY 2022- 2023 budget; therefore, Staff requests City Council approve a budget amendment transferring $150, 000 from the Wastewater Connection Fee Fund ( 6030) to the CIP Project fund ( 6090) as detailed below.

Increase Transfer Out
6030- 9900- 990- 9010 150, 000
Increase Transfer In
6090- 9900- 393- 0000 WW 20- 17 150, 000
Increase Appropriation
6090- 8000- 420- 12- 00 WW 20- 17 150, 000
388
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CCO NOS. 3 AND 4 WITH CUSHMAN FOR THE CTF
DECHLORINATION FACILITY OF SURFACE WATER DISCHARGE, CIP WW 20- 17 AND APPROVE BUDGET AMENDMENT
ATTACH M ENTS:

A. Resolution Approving Contract Change Order Nos. 3 and 4 with Cushman Contracting Corporation for CTF Dechlorination Facility ( Project) portion of Surface Water Discharge, CIP WW 20- 17 and Approving Budget Amendment B. Contract Change Order No. 3 with Cushman Contracting Corporation for CTF Dechlorination Facility ( Project) portion of Surface Water Discharge, CIP WW 20- 17
C. Contract Change Order No. 4 ( Balancing CCO) with Cushman Contracting Corporation for CTF Dechlorination Facility ( Project) portion of Surface Water Discharge, CIP WW 20- 17
389
CITY MANAGER' S REPORT PAGE 4
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CCO NOS. 3 AND 4 WITH CUSHMAN FOR THE CTF
DECHLORINATION FACILITY OF SURFACE WATER DISCHARGE, CIP WW 20- 17 AND APPROVE BUDGET AMENDMENT

APPROVALS
D t-...,. " 3 Z S . Z3
Steven Hollenbeak Date
Assistant Engineer
2^ z3
Ken Reed Date
Senior Construction Manager
Fo t
3 • 3• zo Z3
Brad Taylor Date
City ngineer
3- 0 3
Cari Jam -` Date
Finance Dir ctor
r-- 3 • 28• Zo23
Michael King Date
Assistant City Manager
z
y. ' Lo 2 3
Salvador Navarrete Date
City Attorney
23 Stephen J. Salvatore Date
City Manager
390
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING CONTRACT CHANGE ORDER NOS. 3 AND 4 WITH CUSHMAN

CONTRACTING COROPORATION FOR THE CTF DECHLORINATION FACILITY OF SURFACE WATER DISCHARGE, CIP WW 20- 17 AND APPROVING BUDGET

AMENDMENT
WHEREAS, on September 13, 2021, City Council awarded a construction contract to Cushman Contracting Corporation ( Cushman) for the construction of the Consolidated Treatment Facility ( CTF) Dechlorination Facility ( Project) portion of Surface Water Discharge, CIP WW 20- 17; and
WHEREAS, the awarded contract between the City of Lathrop and Cushman was for $ 3, 620, 000 plus a 10% construction contingency of $ 362, 000 for a total project budget of $ 3, 982, 000; and
WHEREAS, the installation of additional discharge analyzers is required for the City to comply with the Project' s National Pollutant Discharge Elimination System permit; and
WHEREAS, Cushman has submitted a cost of $ 313, 916. 86 for CCO No. 3 to install the discharge analyzers; and
WHEREAS, Cushman has also submitted a cost of $ 124, 118 for CCO No. 4 as a Balancing Change Order for the Project; and
WHEREAS, staff requests City Council approve CCO No. 3 with Cushman for 313, 916. 86; and
WHEREAS, staff requests City Council approve CCO No. 4 with Cushman for 124, 118; and
WHEREAS, sufficient funding for this project was included in the FY 22/ 23 budget; however, sufficient funds were not allocated to the Project; therefore, staff request City Council approve a budget amendment transferring $ 150, 000 from the Wastewater Connection Fee Fund ( 6030) to the CIP Project Fund ( 6090) as follows:

Increase Transfer Out
6030- 9900- 990- 9010 150, 000
Increase Transfer In
6090- 9900- 393- 0000 WW 20- 17 150, 000
Increase Appropriation
6090- 8000- 420- 12- 00 WW 20- 17 150, 000
391
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve Contract Change Order No. 3 with Cushman Contracting Corporation for $ 313, 916. 86 for the CTF Dechlorination Facility Project of Surface Water Discharge, CIP WW 20- 17; and
BE IT FURTHER RESOLVED, the City Council of the City of Lathrop does hereby approve Contract Change Order No. 4 with Cushman Contracting Corporation for $ 124, 118 for the CTF Dechlorination Facility Project of Surface Water Discharge, CIP WW 20- 17; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 150, 000 from the Wastewater Connection Fee Fund ( 6030) to the CIP Project Fund ( 6090) as detailed above. 392
The foregoing resolution was passed and adopted this lOth day of April, 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAI N:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO RM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 393

ATTACHMENT
g ..

CHANGE ORDER NO. 3
LCTF Dechlorination Facility
CIP WW 20- 17 City of Lathrop
CONTRACT CHANGE ORDER NO. 3
LCTF DECLORINATION FACILITY, CIP WW 20- 17
Contractor: Cushman Contracting Corporation
Address: P. O. Box 147
Goleta, CA 93116
Change Order Date: April 10, 2023
Notice to Proceed Date: November 4, 2021
Contract Execution Date: September 13, 2021
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 Cushman Contracting Corporation dated September 13, 2021.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S)/ SUBTRACTION( S) TO CONTRACT
NO. DESCRIPTION QTY UNIT UNIT PRICE TOTAL
1 Electrical Scope of Work
1 LS 313, 916. 86 313, 916. 86
Revisions
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER 313, 916. 86 ADDITIONAL COST FROM CHANGE ORDER # 1 129,444.75
ADDITIONAL COST FROM CHANGE ORDER # 2 197, 847. 09
ORIGINAL CONTRACT AMOUNT 3, 620, 000. 00
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER # 3 4, 261, 208. 70

END OF CHANGES)

DESCRIPTION OF WORK
The NPDES permit became effective on February 17, 2022, and required the installation of thirteen ( 13) additional discharge analyzers and associated appurtenances than initially anticipated in the original bid quantities. The contractor shall provide all labor, material, equipment and shall perform all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
No increase to the time frame of the original contract. 394
CHANGE ORDER NO. 3
LCTF Dechlorination Facility
CIP WW 20- 17 City of Lathrop

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. 3. 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)
395
CHANGE ORDER NO. 3
LCTF Dechlorination Facility
CIP WW 20- 17 City of Lathrop
Approved As
Zo Z 3
To Form:

Salvador Navarrete Date
City Attorney
City of Lathrop
Recommended
By:

Michael King Date
Assistant City Manager
City of Lathrop
Approved By:
r(y, - Stephen J. Salvatore Date
City Manager
City of Lathrop
Accepted By
Contractor:

Cushman Contracting Corporation Date
Print Name and Title
396

CUSHH TION A,
w UC .
i.

Santa SSarbar-q C.A
st. 1969
PROPOSED CHANGE ORDER NO. 3
Unit of Contract unit
Item# Item Description Measure Estimated Qty price Item Bid total Provide Blue- White Chemical Feed Pumps instead of Watson Marlow RFP PCO10 10 LS 1. 00 $ 2, 192. 00 2, 192. 00
PCO 11. 1 Provide E& H instead of Siemens Flow meter RFP 11 LS 1. 00 $ 13, 902. 71 $ 13, 902. 71 PCO 12 Hach Analyzer Material Escalation LS 1. 00 $ 5, 838. 20 5, 838. 20 PCO 15 Delta 3, 3. 5, 3. 6 Analyzer Changes LS 1. 00 0. 00 $ 48, 788. 67 PCO 16 Electrical Feed Proposal Revisions( Transformer) LS 1. 00 0. 00 $ 18, 355. 06 PCO 19 Floating Curtain Revision to replace Bid Item# 14&# 16 LS 1. 00 126,343. 97 PCO 21 Add Auto Composite Samplers per Delta 3. 7 LS 1. 00 71, 586. 43 PCO 23. 1 Re Test of De Chlorination Basin LS 1. 00 9, 837. 73 PCO 24. 1 Replace existing ARV at Plant Influent line( Per Paul' s Request) LS 1. 00 10, 334. 66 PCO 25 Repair Existing ARV LS 1. 00 869. 28
PCO 29 Install Owner furnished Air Compressor LS 1. 00 3, 461. 98 PCO 30 Install new Sump at Pumps LS 1. 00 2, 406. 17
CCO 3 Total Gost 313, 916. 86
397
ATTACHMtIv
CHANGE ORDER NO. 4
LCTF Dechlorination Facility
CIP WW 20- 17 City of Lathrop
CONTRACT CHANGE ORDER NO. 4— BALANCING CHANGE ORDER
LCTF DECLORINATION FACILITY, CIP WW 20- 17
Contractor: Cushman Contracting Corporation
Address: P. O. Box 147
Goleta, CA 93116
Change Order Date: April 10, 2023
Notice to Proceed Date: November 4, 2021
Contract Execution Date: September 13, 2021
This contract change order augments or changes the following:
1) Bid Schedule of LCTF DECLORINATION FACILITY, CIP WW 20- 17: Bid Item Balancing Change Order
Pursuant to the provisions of the Contract Specifications, 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 Cushman Contracting Corporation dated September 13, 2021.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S)/ SUBTRACTION( S) TO CONTRACT
B

DESCRIPTION

CONTRACT UNIT FINAL

ADJUSTMENT

ITEM QTY PRICE QTY
7 16" - 24 " DIP w/ Fittin s Installed 250. 00 927. 00 246. 00 3, 708. 00 8 16" - 24 " C905 PVC w/ Fittin s Installed 700. 00 588. 00 816. 00 68, 208. 00 9 12" sch40 PVC Hi hline Installed 150. 00 350. 00 191. 00 14, 350. 00 10 Relocate 6" C900 RW Pi e Installed 80. 00 585. 00 100. 00 11, 700. 00 11 6" Schedule 80 Drain Pi e Installed 80. 00 550. 00 106. 00 14, 300. 00 13 Buried Service Butterfl Valves w/ stems 1. 00 33, 600. 00 4. 00 100, 800. 00 14 Cross Roads Basin A Liner Re lacement 8000. 00 7. 50 0. 00 60, 000. 00 15 PCC Pavin 1600. 00 19. 50 4624. 00 58, 968. 00
16 Storm Drain Gradin 1. 00 80, 500. 00 0. 00 80, 500. 00 SUBTOTAL 124, 118. 00
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER 124, 118. 00 ADDITIONAL COST FROM CHANGE ORDER # 1 129, 444. 75
ADDITIONAL COST FROM CHANGE ORDER # 2 197, 847. 09
ADDITIONAL COST FROM CHANGE ORDER # 3 313, 916. 86
ORIGINAL CONTRACT AMOUNT 3, 620, 000. 00
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER # 4 4, 385, 326. 70

END OF CHANGES)
398
CHANGE ORDER NO. 4
LCTF Dechlorination Facility
CIP WW 20- 17 City of Lathrop

DESCRIPTION OF WORK
See additions and subtractions to contract. Increases/ decreases in bid quantities that occurred during construction and are not otherwise accounted for in previous change orders. The contractor shall provide all labor, material, equipment and shall perform all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
No increase to the time frame of the original 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. 4. 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)
399
CHANGE ORDER NO. 4
LCTF Dechlorination Facility
CIP WW 20- 17 City of Lathrop
Approved As
To Form: Zy- -
Salvador Navarrete Date
City Attorney
City of Lathrop
Recommended
By:

Michael King Date
Assistant City Manager
City of Lathrop
Approved By:

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

Cushman Contracting Corporation Date
Print Name and Title
400
ITEM 4. 14

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PURCHASE FROM ZIMA CORPORATION

FOR HEADWORKS EQUIPMENT FOR THE
CONSOLIDATED TREATMENT FACILITY PHASE 3
EXPANSION, CIP WW 22- 38 AND APPROVE BUDGET

AMENDMENT
RECOMMENDATION: Adopt Resolution Approving a Purchase from Zima Corporation for Headworks Equipment for the
Consolidated Treatment Facility Phase 3 Expansion,
CIP WW 22- 38 and Approve Budget Amendment
SUMMARY:

The Lathrop Consolidated Treatment Facility Phase 3 Expansion ( LCTF Phase 3 Expansion) Project is necessary to provide additional wastewater treatment capacity to support new development. On November 8, 2021, Council approved the creation of Capital Improvement Project ( CIP) WW 22- 38 LCTF Phase 3 Expansion and approved a Professional Services Agreement ( PSA) with PACE to provide engineering consulting services for the design of the project.

PACE has completed the preliminary design and staff is requesting that City Council approve the pre- purchase of headworks equipment from the Zima Corporation for a cost of $ 1, 513, 662. This equipment is from the same vendor for the existing headworks equipment and the proposed purchase is an extension of that facility. It is critical for the operation and maintenance of the LCTF that the equipment be from the same vendor. In accordance with Lathrop Municipal Code ( LMC) section

2. 36. 110, this purchase is considered a " sole source" and is exempt from bidding procedures.

Sufficient funds were not included in the adopted Fiscal Year ( FY) 22/ 23 Budget; therefore, staff also requests Council approve a budget amendment allocating 1, 513, 662 of the Wastewater Connection Fee Fund 6030 to fund the purchase. Staff also requests City Council authorize a 10% contingency of $ 151, 366 for a total cost not to exceed $ 1, 665, 028.

BACKGROUND:

On November 8, Council approved the creation of Capital Improvement Project ( CIP) WW 22- 38 LCTF Phase 3 Expansion and awarded a Professional Services Agreement PSA) with PACE to provide engineering consulting services for the design of the project. At the time, staff recommended initiating design and concurrently working with the development community on the project funding agreement which will reimburse the City for fronting the design costs and pre- purchase of equipment. 401
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

APPROVE PURCHASE FROM ZIMA CORPORATION FOR HEADWORKS
EQUIPMENT FOR THE CTF PH 3 EXPANSION, CIP WW 22- 38 AND APPROVE

BUDGET AMENDMENT
PACE has completed the design and staff is requesting that City Council approve the pre- purchase of headworks equipment from the Zima Corporation for a cost of 1, 513, 662. This equipment is from the same vendor for the equipment installed at the headworks for the LCTF Phase 2 Expansion.

CEQA STATUS: The Proposed Project falls within the scope of the previously Certified Environmental Impact Report ( EIR) ( SCH# 2019029106) for the Lathrop Integrated Water Resources Master Plan ( IWRMP). Therefore, no further environmental review is necessary.

REASON FOR RECOMMENDATION:

The LCTF Phase 3 Expansion Project is needed to provide additional wastewater treatment capacity needed to support new development. PACE has completed the project design, and staff is requesting that City Council approve the pre- purchase of headworks equipment from the Zima Corporation for a cost of $ 1, 513, 662, plus a 10% contingeney.

FISCAL IMPACT:

Sufficient funds were not included in the adopted Fiscal Year ( FY) 22/ 23 Budget for this purchase, therefore, staff is also requesting that Council approve a budget amendment allocating $ 1, 513, 662, plus a 10% contingency of $ 151, 366 for a total not to exceed $ 1, 665, 028 of the Wastewater Connection Fee Fund 6030 for the proposed project pre- purchase the headworks equipment for the LCTF Phase 3 Expansion CIP WW 22- 38 as follows:

Increase Transfers Out
6030- 99- 00- 990- 90- 10 1, 665, 028
Increase Transfers In
6090- 99- 00- 393- 00- 00 WW 22- 38 1, 665, 028
Increase Expenditures
6090- 80- 00- 420- 12- 00 WW 22- 38 1, 665, 028
ATTACH M ENTS:

A. Resolution to Approve Purchase from Zima Corporation for Headworks Equipment for the Consolidated Treatment Facility Phase 3 Expansion, CIP WW 22- 38 and Approve Budget Amendment
B. Proposal from Zima Corporation for Headworks Equipment for the Consolidated Treatment Facility Phase 3 Expansion, CIP WW 22- 38
402
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

APPROVE PURCHASE FROM ZIMA CORPORATION FOR HEADWORKS
EQUIPMENT FOR THE CTF PH 3 EXPANSION, CIP WW 22- 38 AND APPROVE

BUDGET AMENDMENT
APPROVALS:
q - 3 23
Ken Reed Date
Senior Construction Manager
3 •30 •Zc Z.3
Michael King Date
Assistant City Manager
3 ..

Cari Jame Date
Finance Di ctor
3 3 ` z- 3
Salvador Navarrete Date
City Attorney
23 Ste en J. Salvatore Date
City Manager
403
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A PURCHASE FROM ZIMA CORPORATION FOR HEADWORKS EQUIPMENT FOR THE CONSOLIDATED TREATMENT FACILITY PHASE 3 EXPANSION, CIP WW 22- 38 AND APPROVE BUDGET AMENDMENT
WHEREAS, the Lathrop Consolidated Treatment Facility Phase 3 Expansion LCTF Phase 3 Expansion) Project is necessary to address and provide additional wastewater treatment capacity to support new development; and WHEREAS, on November 8, 2021, Council approved the creation of Capital Improvement Project ( CIP) WW 22- 38 LCTF Phase 3 Expansion and approved a Professional Services Agreement with PACE to provide engineering consulting services for the design of the Project; and
WHEREAS, PACE has completed the preliminary design and staff is requesting that Council approve the pre- purchase of headworks equipment from Zima Corporation for a cost of $ 1, 513, 662; and
WHEREAS, this equipment is from the same vendor for the existing headworks equipment and the proposed purchase is an extension of that facility. It is critical for the operation and maintenance of the LCTF that the equipment be from the same vendor. In accordance with Lathrop Municipal Code ( LMC) section

2. 36. 110, this purchase is considered a " sole source" and is exempt from bidding procedures; and
WHEREAS, staff will work alongside the development community to compensate the City for initially covering the expense; and WHEREAS, sufficient funds were not included in the adopted Fiscal Year ( FY) 22/ 23 Budget; therefore, staff also requests Council approve a budget amendment allocating $ 1, 513, 662 plus a 10% contingency of $ 151, 366 for a total not to exceed 1, 665, 028 of the Wastewater Connection Fee Fund 6030 for the proposed prepurchase of the headworks equipment; and WHEREAS, the Proposed Project falls within the scope of the previously Certified Environmental Impact Report ( EIR) ( SCH# 2019029106) for the Lathrop Integrated Water Resources Master Plan ( IWRMP). Therefore, no further environmental review is necessary.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve the pre- purchase of headworks equipment from Zima Corporation for a cost of $ 1, 513, 662 for CIP WW 22- 38, LCTF Phase 3 Expansion; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Lathrop hereby approves the budget amendment allocating $ 1, 513, 662, plus a 10% contingency of$ 151, 366 for a total not to exceed $ 1, 665, 028 of the Wastewater Connection Fee Fund 6030 as follows:
404
Increase Transfers Out
6030- 99- 00- 990- 90- 10 1, 665, 028
Increase Transfers In
6090- 99- 00- 393- 00- 00 WW 22- 38 1, 665, 028
Increase Expenditures
6090- 80- 00- 420- 12- 00 WW 22- 38 1, 665, 028
405
The foregoing resolution was passed and adopted this 10th day of April 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 406
zima
Jagenberg Group
Manufacture. Quality. 5olutians.

Kusters Water Division

EQUIPMENT PROPOSAL
DATE: March 24th 2022
REF.: KW/ 222096/ GK Rev. 4
T0: City of Lathrop, CA ; Ken Reed
PROJECT: Lathrop, CA ( Phase 1 Rerate)
ENGINEER: PACE
REPRESENTATIVE: Saddleback Environmental - Steven Seymour We are pleased to provide our revised equipment proposal for equipment in accordance with the above referenced project.

Item A— Center Flow Screen with Inte ral Washin Compactor:

For the design and supply FOB Spartanburg, S. C., freight allowed to job site, of Two 2) Kusters Water ProTechtor Filter Band Screens - Center Flow, Model FBS- CFWP 600x1000/ 2.

Screen Desi n Parameters:

Peak flow: 9. 0 mgd
Upstream Channel width: 3. 0 ft.

Pocket width: 5. 0 ft.

Downstream Channel width: 3. 0 ft.

Channel depth: 8. 33 ft.

Screenings discharge height: 3. 0 ft. approx. ( above floor level) Size of clear openin: 2 mm nominat
Angle of screen: 90° from horizontal
Max. Upstream Water level C 30% blinding: 2. 64 ft.

Headloss C Peak Flow and 30% blinding: 21. 77 in.

I n
physical addfess
i 101 Zima Park Or;ve
iSpananburg• SC 23301 USA
dependable, cost- effective salutions for water and wastewater treatment meiiing address
Po eox 6, za Neadworks• eialogicai• Clarificatian Thickening • Biosolids i Spartantwrg• SC 29304• USA
j
i 85q 576- 066 9 0f
www.zimacarp.camlwater
www. kust¢ rswatecmm
407

Each to include the following:

Fully automatic self- cleaning filter band screen inclined at 90°, complete with all appurtenances - 316 stainless steel
Main frame constructed of minimum 3/ 16" - 316 stainless steel Flanged base plate for mounting screen assembly to top of channel - 316 stainless steel
Screen support rails provided front and back on each side of frame Reptaceable UHMW screen band seals mounted to each side of frame 2 mm perforated filter screen elements, every fifth panel to have integral solids lifting fingers attached to the bottom of the panel - UHMW Screen panel spray washing system supplied with one ( 1) 1" Bronze Ball valve, one 1) 1. 5" 316 Stainless Strainer with Stainless Steel Screen, and one ( 1) 1. 5" XP Bronze Solenoid Valve
Heavy duty roller type conveyor links - 316 stainless steel The continuous band screen elements driven by two ( 2) drive shaft mounted 316 stainless steel discs
Drive tensioners - 316 stainless steel
Drive system to include 3. 0 hp, 1800 rpm, TEFC, gear motor suitable for use in a Class 1, Div. 1, Group D environment and a 230/ 460Vac/ 3/ 60 electricat supply, direct coupled to 316 stainless steel drive shaft
Integral screenings transport and dewatering unit - 316 stainless steel 2 mm perforated curved drainage section - 316 stainless steel Rubber seals between each panel - Neoprene
Drainage collection pan with 6 inch dia. outlet connection - 316 stainless steel 8" diameter screw auger with torque tube - Hardox 400
Six ( 6) Replaceable wear bars — Alloy Steel 340 BHN
Compactor Drive system to indude 2. 0 hp, 1800 rpm, TEFC, gear motor suitable for use in a Class 1, Div. 1, Group D environment and a 230/ 460Vac/ 3/ 60 electrical supply, direct coupled to hi- strength alloy steel drive shaft Wash zone with one ( 1) 1" Bronze Ball valve, one ( 1) 1" 316 Stainless Steel Strainer with Stainless Steel Screen, and one ( 1) 1" XP Bronze Solenoid Valve Discharge Piping 8" expanding to 12" Diameter - 316 Stainless Steel a" 316 Stainless Steel Tank 24" flanged influent / effluent connections with load bearing aluminum treadplate covers and aluminum handrail with toe plate Fasteners - 316 staintess steel
Anchor bolts - 316 stainless steel
Surface Preparation and Finish - Acid Passivation of stainless steel z+,
physicai address
t01 Zima Park Or ve
i Spartantwrg• sc z so,• usa
dependabie, cost- effective salutions for water and wastewater treatment mai5ng adtl¢ ss
P. o. e zs Headworks• Biologica! Ctarification• Thitkening BiosoGds 6partanburg yC 29304• USA
Rlgieletetl
i
t 86k 576- 0660 c
t
www. zima[ orp. twNwatar
j www. kusterswa?eccom
408

Controls•
Components and labor required to retrofit two ( 2) existing Ultrafine Screen NEMA 4x MCPs for proper operation of Centerflow Band Screens and Washer/ Compactors Two ( 2) NEMA 7 Local Control Stations
Four ( 4) Siemens LU420 Ultrasonic Level Transducers and Mounting Hardware.

Two ( 2) High level alarm float switches.

Existin Fine Screen Tank Modifications:

Replace 18" flanged influent connection with 24" flanged influent connection - 316 Stainless Steel
Replace 18" flanged effluent connection with 24" flanged effluent connection - 316 Stainless Steel
Replace 18" flanged overflow connection with 24" flanged overflow connection - 316 Stainless Steel
Replace existing covers with load bearing Aluminum Treadplate Covers Aluminum Handrail and Toe Plate
Existin Grit Trap Tank Modifications:

Replace 18" influent / effluent box with 24" influent/ effluent box Relocate grit trap approximately 6" and extend concrete pad Pipin Modifications:

Replace 18" influent piping with 24" Sch. 10 piping - 316 Stainless Steel Replace 18" effluent piping with 24" Sch. 10 piping - 316 Stainless Steel Replace 18" overflow piping with 24" Sch. 10 piping - 316 Stainless Steel Provide three ( 3) 24" to 18" concentric reducers for new 24" piping to existing 18" piping - Ductile Iron
Provide one ( 1) 24" Sch. 10 Tee for overflow - Ductile Iron Replace 4" piping from grit pump to grit classifier - Ductile Iron Replace 6" pipin from grit classifier cyclone overflow - Ductile Iron Replace 6" or anics overflow piping from grit dassifier - Ductile Iron Replace 18" x 24" effluent elbow with 24" x 24" - Ductile Iron r.,,
physical add ess
t01 Zima Park Orive
Spartan6urg• sc z sm• usa
dependabie, cost- effective solutions for water and westewater treatment j, ma7ing atldress
i P. o.eoxs za Heatiworks• Biolog'rta! Clarification• Thickening• Biosolids Spartanburg• SC 29304• USA
RlgiSlBred b
i 5 86p 576- 066C1 r,A y
www. zimacorp. comJwater
wwW. kuStPtSWdtpi.[ WT
409

Elevated Platform Additions / Modifications:

Elevated platform addition allowing maintenance access to the back side of the existing 6mm Centerflow Band Screens including stairs, aluminum i- bar grating, handrail and toe plates
Elevated platform addition allowing maintenance access to the back side of the new 2mm Centerflow Band Screens including stairs, aluminum i- bar grating, handrail and toeplates
Installation of new catwalks for fine and ultrafine centerflow band screens On Site Installation:

One ( 1) crane
One ( 1) mechanical service truck with mounted crane
One ( 1) mechanical crew
Disconnect and remove ultra-fine drum screens and existing tanks Install new ultra- fine centerflow band screens and associated tanks Provide and install Sch 80 PVC water lines for new screens and compactors Removal of existing 18" inlets and outlets and replace with 24" inlets and outlets for fine centerflow band screens
Installation of new 24" connection between grit systems and ultrafine centerflow tanks
Raise existing access platform elevation 18"
Site Service ( Kusters Water):

Site services of four ( 4) trips and twenty ( 20) days total for installation inspection, startup and operator training.

LUMP SUM PRICE FOR ITEM A: $ 1, 513, 662
Items not listed above will be provided by others
zima carporarion
1 ty5tC8 8di tC54
i i47 2ima Park Oriue
Spartantwrg• SC. 2930t USA
dependabie, cost- effective solutions for water and wastewater ireatment I maHing dddrCss
Po. eoxe za Headwnrks• Bialogical• Ciarification • Thickening Biosolids j Spartanburg 5C29304• USA i 864 576- 4660 1
www.zimacorp.rnmlwater
wvnv. kustcrswater. com
i 410

Comments and Clarifications to the Specifications

1.) Kusters Water is furnishing its standard equipment as outlined in this proposal.

Exclusions•
Taxes Any piping not proposed above
Offloading Valves except as noted
Installation Sandblasting or touch- up painting
Erection or testing Field / Finish painting
Supervision of erection Disconnect switches and junction boxes Engineering re- design Electrical wiring or conduit
Civil Design Electrical connections
Buildings Electrical installation and wiring
Dumpsters Controls except as noted
Concrete, grout, or sealants Special shipping procedures Thru- watl fittings Storage at our shop or jobsite
Hand railings except as noted Oil and grease
Stairways and Ladders Spare parts except as noted
Interconnecting walkways Tank surveying
Lights or light posts Field verification of elevations
Field verification of dimensions FRP Foul Odor Piping
New Influent Flow Meters Buried Overflow Piping
Absence of an exclusion herein will not be construed as meaning that the item is inctuded, and Kusters Water will not issue credits, or accept deducts, for the provision of the items noted above.

Terms•
NET 30 Days
15% at submittal approval
80% upon delivery to site
5% upon start-up and training completion or 120 days from delivery, whichever occurs first.
1- 1/ 2% interest charges per month for late amounts due Submittals:
10 weeks from acceptance of order.

Zims Cntporaticn
ysocal sddress
i
t0 Zima Park nve
spa ra e„• sc zs3oi• usa
dependa6le, cost-effective solutions for water and wastewater treatment m7iling addrRss
Po. eoxs, za Headworks• BiologicaE Clarification • Thickening• Biosolids Spart nburg• 5C 29304• 45A
1664576- 666
www. zima[ atp. com/ wafer
i
www. kusterswater. tom
411

Delivery•
20 weeks from receipt of approved submittal.

Warrantv:
12 months from equipment start up or 18 months after delivery, whichever occurs first.
36 months from date of shipment, for all ProTechtor products.

Validitv•
Pricing is firm for acceptance within 30 days of the quote date.

Purchase Orders:

All purchase orders are to be issued, and mailed to:

Zima Corporation,
Kusters Water Division
P. O. 6128
Spartanburg, SC 29304
Please provide a copy of your tax exempt or direct pay certificate, project contact, and a copy of the project payment bond with your purchase order.

Notes:

All spares and site service for start- up and operator training is available from our Spartanburg National Service Center.

Liquidated Dama es:

Zima Corp. will not consider the addition of liquidated damages to our contract unless it has been specifically identified and negotiated prior to the bid. Zima Corporation' s equipment supply contract will not be tied to the General Contractor' s overall contract, and our delivery commitments shall be as stated in this proposal.

Z mi CbryOfMicn
physica! address
iGll Zima Park Onve
Spartanburg• SC 29301• U5A
i dependabie, cost- effective solutions for water end wastewater treatment mailing atldress
P. O, Box6128 Headwarks• Biolagicai• Clarifitation • Thickening• Biosolids Spartanburg•$ C 24304• US0.
8 b
I 1 864 576- Q660 r
www. zimaeorp. cain/ weter
www. kusterswater. tom
412

BondinQ•
Bonding or bonding expenses are not included in this proposal and will not be considered unless specifically identified and authorized by Zima Corp. prior to the bid.

Insurance•
Pricing includes general liability policy with 1 million occurrence, 2 million aggregate, and 4 million umbrella. If higher limit(s) is required, all costs will be paid by the Buyer in addition to the quoted equipment price.

Frei ht:

All prices are quoted F. O. B. shipping point, with freight allowed to the Jobsite.

Buyer will be responsible for equipment off-loading. All claims for damage or loss in shipment shall be initiated by the Buyer. Buyer requests for selective shipments, earty shipments, or separate shipment may directly affect the freight allowance. Any additional costs incurred due to this request by the Buyer will be an additional cost to the purchase price and invoiced accordingly.

Sincerely,
e
George Kellum
Sales Manager, Municipal Products
Kusters Water Division

0. 864- 594- 5595
C. 864- 316- 3264
QeorQe. kellumC kusterswater. com
www. kusterswater. com
Iima Cnrporation
physrcal address
1012ima Park driue
sw ra at, 9
Sf 29301• USA
depeodable, cost- effective solutions for water and wastewater treatment i maiGng adtlress
P. o. s ze Headworks• Biologicai• Clarification • Thickening• Biosolids ISpartanburg SC 29304• USA R b
i 864 576- 0660 r
i www. zimaecup. eomlwater
www. kuvterswxt er, tom
413
414
ITEM 4. 15

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY SAN OAQUIN COUNCIL OF GOVERNMENTS'

ANNUAL FINANCIAL PLAN
RECOMMENDATION: Adopt Resolution Ratifying the San 7oaquin Council of Governments ( S COG) Annual Financial Plan for
FY 2023- 24
BAC KG ROU N D:

Every year pursuant to Section 7( b) of the San Joaquin Council of Governments' SJCOG) Joint Powers Agreement, in anticipation of the new fiscal budget year, SJCOG requests that each member city ratify SJCOG' s Annual Financial Plan ( AFP) for the upcoming fiscal year.

Attached and referenced herein as Attachment B, is the Approved SJCOG Fiscal Year FY) Budget for 2023- 2024. Similar requests from SJCOG have been submitted to participating cities and ratified annually since the Joint Powers Agreement went into effect December 7, 2000.

The SJCOG AFP for FY 2023- 2024, was adopted by their Board on March 23, 2023, by Board Resolution No. R- 23- 104. The AFP provides a detail of expenditures by cost category and line item comparing the proposed FY 2023- 2024 budgets with the current FY 2022- 2023 adopted budget.

REASON FOR RECOMMENDATION:

The SJCOG Joint Powers Agreement requires that the Annual Financial Plan be delivered to its jurisdictional member agencies for ratification. Therefore, it is recommended that the City Council ratify the SJCOG' s Annual Financial Plan for FY 2023- 2024.

FISCAL IMPACT:

No fiscal impact to Lathrop. However, the SJCOG letter dated March 27, 2023, highlights the following significant changes for FY 23- 24 when compared to FY 22- 23:

S1COG Annua/ Financia/ P/an Summar
Revenue Funds FY 2022- 2023 FY 2023- 2024
Federal Grants 9, 646, 688 11, 175, 862
State Grants 12, 077, 932 22, 443, 157
Loca/ Funding 6, 847, 247 7, 988, 221
Interest & Other 80, 000 80, 000
Tota/ Revenues 28, 651, 867 41, 687, 240
415

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
RATIFY SJCOG ANNUAL FINANCIAL PLAN FOR FY 2023- 24
S1COG Annua/ Financia/ P/an Summar
Expenditure Funds FY 2022- 2023 FY 2023- 2024
Salary & Benefits 5, 312, 473 6, 281, 809
Services & Supplies 1, 212, 800 1, 338, 500
Professional Services 21, 746, 094 33, 686, 431
Capital Outlay 380, 500 380, 500
Tota/ Expenditures 28, 651, 867 41, 687, 240
Highlights:
o General Fund Operating Revenues increased by $ 13, 035, 373 Federal Funding increased by 15. 85%
State Funding Sources increased by 85. 82%
Local Revenues increased by 16. 66%
o Budgeted Expenditures are $ 41, 687, 240
Salaries and Benefits increased 18. 25%
Services and Supplies increased by 10. 36%
Training & Travel increased by 25%
o Professional Services increased by 54. 91%
o No increase or decrease to Fixed Assets
ATTACHMENTS:

A. Resolution Ratifying the San ) oaquin Council of Governments Annual Financial Plan for FY 2023- 24
B. Letter from S] COG Dated March 27, 2023, including SJCOG Resolution R- 23- 104, and Board Report Adopting the FY 2023- 24 Annual Financial Plan 416

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
RATIFY S] COG ANNUAL FINANCIAL PLAN FOR FY 2023- 24
APPROVALS:

G
eresa Vargas Date
Government Services Director
City Clerk
F a c 3, 1Z o- z- 5
Cari James Date
Finance Director
z--
Salvador Navarrete Date
City Attorney
f •Z
Step en J. Salvatore Date
City Manager
417
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING THE SAN .70AQUIN COUNCIL OF GOVERNMENTS' ANNUAL FINANCIAL PLAN FOR FISCAL YEAR 2023- 2024
WHEREAS, every year pursuant to Section 7( b) of the San Joaquin Council of Governments' ( SJCOG) Joint Powers Agreement, in anticipation of the new fiscal budget year, SJCOG provides a letter, resolution, and report requesting that each City ratify SJCOG' s Annual Financial Plan for the upcoming fiscal year; and WHEREAS, the Annual Financial Plan provides a detail of expenditures by cost category and line item comparing the proposed 2023- 24 budgets with the current fiscal year' s ( FY 2022- 23) adopted budget; and
WHEREAS, the SJCOG Board approved the Annual Financial Plan for FY 2023- 2024 on March 23, 2023, by Board Resolution No. R- 23- 104; and WHEREAS, the SJCOG Joint Powers Agreement requires that the Financial Plan be delivered to its member agencies for ratification; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop hereby ratify the FY 2023- 2024 Annual Financial Plan for the San Joaquin Council of Governments.

The foregoing resolution was passed and adopted this lOth day of April 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO ORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 23-
418
DocuSign Envelope ID: 9D626793-E7E8-4D22- 6662-7E4DF2D96322 555!;. 61-'eber; 9vei ue • Stocklon, CaliTo• ndcr 95202 • P 2O9. 235. 0G00 • F209. 235. Os138 • i vi+ia. sjcoK. orK March 27, 2023
Stephen Salvatore
City of Lathrop
390 Towne Center Drive
R, rx,•, a; k, u„
Lathrop, CA 95330 CHAIP,
m';`` r'"' Dear Mr. Salvatore:

VICE CHAIR
I>>a E, K=' On March 23, 2023 the SJCOG Board adopted the Annual Financial Plan for FY 2023- 24.

EXE T"' E°' RE TOR Attached is the board staff report as well as a copy of the adopting resolution. Pursuant to n„ 2h,: a e„, e.s SJCOG' s Joint Powers Agreement, following adoption of the budget by the SJCOG Board, it ar Es oF
ESCALON, is to be delivered to member agencies for ratification by each governing body. Approval by a ATHROP, majority of the governing bodies representing 55% or more of the county' s population is oo, considered ratification.

MANTECA,
RIPON,
sTocKroN, Therefore, SJCOG requests you place SJCOG' s Annual Financial Plan for Fiscal Year iRAc'", 2023/ 24 on a forthcoming agenda prior to June 30, 2023, for ratification.

AND

THE COUNTY OF SAN
JOAQUIN The Annual Financial Plan implements the FY 2023/ 24 Overall Work Program ( OWP) that was also adopted by the SJCOG Board on March 23, 2023.

The attached Annual Financial Plan ( AFP) provides detail of revenues and expenditures by cost category and line item comparing the proposed FY 2023- 2024 budgets with the current year( FY 2022- 2023) adopted budget, as most recently amended, along with FY 2021- 2022 actual expenditures. The total revenues and expenditures total $ 41, 687, 239. 71. The proposed AFP represents the general fund budget for SJCOG. The revenues and expenditures in the AFP are the same as the Overall Work Program ( OWP), however, presented in a traditional line- item format compared to the work element format of the OWP.

Readers should note several differences between SJCOG and its member agencies' budgets:

SJCOG revenue sources are quite different from our member agencies.

SJCOG employs staff on an at-will basis, vis- a- vis civil service and has its own employee handbook and policies.

SJCOG has its own Financial and Accounting Policy guiding our financial matters including procurement procedures.

SJCOG employees are exempted from Social Security except for Medicare.

As noted below, SJCOG offers a defined contribution retirement plan to its employees. SJCOG has no CaIPERS or post employments benefit obligations except limited sick leave conversion as noted.
419
DocuSign Envelope ID: 9D626793- E7E8- 4D22- 66B2- 7E4DF2D96322 The following assumptions are incorporated in the budget:

1. Work will not begin, and expenses will not be incurred unless anticipated revenue sources are secured.

2. The AFP anticipates SJCOG to be fully staffed. The budget includes a 5. 02% pool that can be drawn upon for merit-based increases and potential promotions. The full impact of that pool is incorporated into the salary- driven benefits ( retirement, Medicare, disability).

3. SJCOG has no significant liability exposure for post-employment benefits. a. The employee retirement program is a defined contribution program managed by the International City Managers Association Retirement Program ( Mission Square Retirement).
b. SJCOG employee vacation accruals are capped at two times the individual' s annual leave.
c. Upon separation with 50 years of age or 20 years of SJCOG employment, an employee can convert accrued sick leave hours to be deposited into a Retirement Health Savings Account to pay for health-related expenses. The conversion is based upon the employee' s salary at retirement.

SJCOG staff would be pleased to appear before your policymakers to answer any questions they might have regarding this matter. We request ratification prior to June 30, 2023. Please let me know when this will be on your agenda. If you have any questions regarding this matter, don' t hesitate to contact me at( 209) 235- 0584.

Thank you for your assistance.

Sincerely,
CDocuSigned
by:
77C9E4A491524D2...

STEVE DIAL
Deputy Executive Director/Chief Financial Officer
Attachments:

R- 23- 104
FY 2023- 24 Annual Financial Plan Staff Report
FY 2023- 24 Annual Financial Plan Board Summary
420
DocuSign Envelope ID: 9D626793-E7E8-4D22-66B2-7E4DF2D96322

RESOLUTION

SAN JOAQUIN COUNCIL OF GOVERNMENTS
R- 23- 104
RESOLUTION APPROVING THE ADOPTION OF THE 2023- 2024

ANNUAL FINANCIAL PLAN

FOR THE SAN JOAQUIN COUNCIL OF GOVERNMENTS
WHEREAS, the San Joaquin Council of Governments is required by the Joint Powers Agreement to adopt a budget ( Annual Financial Plan) annually, and WHEREAS, the adopted budget is to be sent to the member agencies for ratification.

NOW THEREFORE BE IT RESOLVED, that the San Joaquin Council of Governments adopts the FY 2023- 2024 Annual Financial Plan and directs the Executive Director to transmit it to the member agencies for ratification.

PASSED AND ADOPTED this 23rd day of March 2023 by the following vote ofthe San Joaquin Council ofGovernments, to wit:

AYES: Mayor Bellinger, Escalon; Supervisor Ding, SJC; Mayor Lincoln, Stockton; Supervisor Rickman, SJC; Mayor Singh, Manteca; Supervisor Villapudua, SJC; Councilmember Warmsley, Stockton; Councilmember Wright, Stockton; Mayor Young, Tracy; Vice Mayor Zuber, Ripon NOES:

ABSENT: Mayor Pro Temp, Craig, Lodi; Councilmember Lazard, Lathrop ROBERT RICKMAN, Chair
421
DocuSign Envelope ID: 9D626793-E7E8-4D22-B6B2- 7E4DF2D96322 March 2023
SJCOG Board

STAFF REPORT
SUBJECT: FY 2023- 2024 Proposed Annual Financial
Plan (AFP)
RECOMMENDED ACTION: That the Board Adopt Resolution 23- 104 Approving the FY 2023- 2024 Annual
Financial Plan
The attached proposed Annual Financial Plan (AFP) provides detail of revenues and expenditures by cost category and line item comparing the proposed FY 2023- 2024 budgets with the current year( FY 2022- 2023) adopted budget, as most recently amended, along with FY 2021- 2022 actual expenditures. The total revenues and expenditures total $ 41, 687, 240. 00. The proposed AFP represents the general fund budget for SJCOG. The revenues and expenditures in the AFP are the same as the Overall Work Program ( OWP), however, presented in a traditional line- item format compared to the work element format of the OWP.

Below is a summary of revenues and expenditures in the AFP. For the detail for each of those categories please refer to the attached.

Readers should note several differences between SJCOG and its member agencies' budgets:

SJCOG revenue sources are quite different from our member agencies.

SJCOG employs staff on an at-will basis, vis- a- vis civil service and has its own employee handbook and policies.

SJCOG has its own Financial and Accounting Policy guiding our financial matters including procurement procedures.

SJCOG employees are exempted from Social Security except for Medicare.

As noted below, SJCOG offers a defined contribution retirement plan to its employees.

SJCOG has no Ca1PERS or post employments benefit obligations except limited sick leave conversion as noted.

Upon adoption by the board, pursuant to the SJCOG Joint Powers Agreement, the AFP will be sent to the member agencies for ratification. Ratification is achieved when a majority of the member agencies representing 55% ofthe county population approve the AFP.

The following assumptions are incorporated in the budget:

1. Work will not begin, and expenses will not be incurred unless anticipated revenue sources are secured.

2. The AFP anticipates SJCOG creating two new positions and being fully staffed. The budget includes a 7% pool that can be drawn upon for merit- based increases and potential promotions. The full impact of that pool is incorporated into the salary- driven benefits retirement, Medicare, disability).
422
DocuSign Envelope ID: 9D626793- E7E8-4D22- 6662- 7E4DF2D9B322

3. SJCOG has no significant liability exposure for post-employment benefits. a. The employee retirement program is a defined contribution program managed by the International City Managers Association Retirement Program ( Mission Square Retirement).
b. SJCOG employee vacation accruals are capped at two times the individual' s annual leave.
c. Upon separation with 50 years of age or 20 years of SJCOG employment, an employee can convert accrued sick leave hours to be deposited into a Retirement Health Savings Account to pay for health- related expenses. The conversion is based upon the employee' s salary at retirement.

REVENUES
Compared to the current year amended AFP, SJCOG general fund operating revenues are proposed to increase from $28, 651, 867. 21 to $41, 687, 240. 00, an increase of$ 13, 035, 372. 79.

Overall, federal funding for
FY23 24 Reuenue Bud @t 2qp general fund activities is
1 1, 529, 173. 80 or 15. 85% higher
22 aa lr than FY 2022- 23 due primarily to
iooca0000 ii,i7s,,sr y, xi Increased funds for I- 205 Managed Lanes Widening and consumption
S0Q0° D0 of one year of Congestion
o Mitigation/ Air Quality funds
F e. a s++ . M.& CMAQ) for dibs, SJCOG' s
G""`' G""" ia'°`
Transportation Demand
un ng egory
FederalGraMs sute rsms toca Interest& Other Management program.

State funding sources are higher by $ 10, 365, 224. 58 or 85. 82% due to:

Regional Early Action Planning ( REAP) 2. 0 grant in the amount of$ 10,400,000. 801, 535. 98 drawdown on REAP 1. 0
Receipt of$ 1, 750, 000 Regional Climate Collaborative grant. 1, 063,328. 18 drawdown on prior year' s Freeway Service Patrol funding. 097, 293 is available for FY 23- 24 future years of Freeway Service Patrol funding. 330, 214. 72 drawdown has occurred on three years of Senate Bill l ( SB1) Sustainable Transportation Planning Grants offset by a FY 23- 24 allocation of$ 341, 671. 295, 837. 54 drawdown on prior year' s State Transportation Improvement Program STIP) for planning offset by FY 23- 24 allocation of$290, 000.

Expenditure of$ 1, 538, 053 from the state grant for Sustainable Transportation Equity Project ( STEP).

Clean Mobility Options grant in the amount of$500, 970
31, 777 drawdown on Affordable Housing& Sustainable Community grant.

State Transit Assistance increased by $46,037.

Local revenues are higher by $ 1, 140, 974. 41 or 16. 66% due to increased sales tax receipts on Local Transportation Fund by $ 104, 835 and Measure K by $ 1, 370, 030. 423
DocuSign Envelope ID: 9D626793-E7E8-4D22-B6B2-7E4DF2D9B322 Decrease in Regional Transportation Fund by $ 170, 500. Decrease in Roth Road funding by 148, 390. 59 and decrease in other miscellaneous funding by $ 15, 000.

EXPENDITURES
Salaries and Benefits are
FY23/ 24 Expenditures
roro rSai 6s tao proposed to increase by
33, au, a e
969, 336. 07 or 18. 25% from
N
2° 0°°" 0°
5, 312, 472. 93 to $ 6, 281, 809. 00
i' compared to the FY 22- 23
Q. 2°" 0°°'
e. zoo, s s
amended budget. The budget
x
includes creating two new s0000 o i.zas. soo 3so soa
planning positions and filling
s.
existing position vacancies. It also a s., w.. na worwrw. i awai e«, u s pr. s. w, o n.,, includes a$ 300, 294. 00 or 7. 0% of Expenditure Class total salaries pool for merit- based
salarks& eenet a Servkasand5uppiks Professionai5ervkes Ceptteioutwy raises. The salary- driven benefits adjust accordingly.

Services and Supplies are proposed to increase by$ 100, 700.

Computer software and licensing is increasing by $ 25, 000 to support both a return to the office, working remotely and heightened cybersecurity. Liability insurance is increasing by $ 58, 700.

Building maintenance is increasing by $ 17, 000 due to increased utilities, security upgrades, and vandalism repairs.

Transportation, Travel, and Training increase by $25,000.

With several new board members and new employees, more training expenses are expected.

This budget is increased by $ 25, 000 up to $ 125, 000. This will help to support such activities as the annual One Voice trip.

Professional Services— Increases $ 11, 940, 336. 77 from FY 22- 23 $ 21, 746, 094. 28 to 33, 686, 431. 05
There is consumption of various grants and funding sources. For example, the SB- 1 Sustainable Communities Grants consumed $ 179, 039.29 While the Regional Early Action Plan ( REAP 1. 0) has consumed $ 1, 1 16, 535. 98, we are budgeting $ 9, 300, 000 for REAP 2. 0. The Sustainable Transportation Equity Project( STEP) has consumed $ 1, 738, 053. 00. We are budgeting 223, 965. 04 for the CMO Voucher is program and $ 1, 650, 000 for San Joaquin Regional Climate Collaborative. Lastly, $3, 800, 000 is programmed for the I- 205 Managed Lanes Widening project.

Position Classi cation and Salary Schedule
Per board policy, the salary ranges at both the minimum and maximum levels are adjusted by the CPI change.

FISCAL IMPACT
All revenues in the AFP are secured and available. The Annual Financial Plan is required to be adopted by the Board of Directors prior to April 1 each year and disseminated to the member 424
DocuSign Envelope ID: 9D626793- E7E8- 4D22- 6662- 7E4DF2D96322 agencies for ratification. The Annual Financial Plan is the traditional line- item budget identifying estimated revenues and expenditures for the fiscal year. The Annual Financial Plan is complementary to the Overall Work Program.

RECOMMENDATION
That the Board adopt Resolution 23- 104 approving the FY 2023- 24 Annual Financial Plan.

Prepared by: Steve Dial, Deputy F ecutive Director/ CFO, and Grace Oroscq Manager of Finance 425
DocuSign Envelope ID: 9D626793- E7E8- 4D22- B662- 7E4DF2D9B322 San Joaquin Council of Governments

ANNUAL FINANCIAL PLAN
Fiscal Year 2023/ 24
Proposed Final March 23, 2023
CHAIR
Supervisor Robert Rickman, San Joaquin County

VICE- CHAIR
Mayor David Bellinger, City of Escalon

BOARD OF DIRECTORS
Mayor Pro Tem Lisa Craig City of Lodi
Councilmember Diane Lazard City of Lathrop
Mayor Gary Singh City of Manteca
Mayor Kevin J. Lincoln II City of Stockton
Councilmember Kimberly Warmsley City of Stockton
Councilmember Dan Wright City of Stockton
Supervisor Miguel Villapudua County of San loaquin
Supervisor Steven Ding County of San Joaquin
Mayor Nancy Young City of Tracy
Vice Mayor Leo Zuber City of Ripon

EX OFFICIO DIRECTORS
Dennis Agar, Director Caltrans District 10
Gary Giovanetti, Director San Joaquin Regional Transit District William R. Trezza, Commissioner Port of Stockton
SUBMITTED BY:

Diane Nguyen
Executive Director
Steve Dial
Deputy Executive Director/
Chief Financial Officer
426
DocuSign Envelope ID: 9D626793- E7E8- 4D22- 66B2- 7E4DF2D9B322 San Joaquin Council of Governments

ANNUAL FINANCIAL PLAN
Fiscal Year 2023/ 2024
Proposed Final March 23, 2023
FY 2021- 22 FY 2022- 23 " K' 2 2 4,`; +/-
REVENUES Actual Amendmenttf3 , IP.> Change Change
Federel Grents 5, 095,875.06 9, 646,68810 9?+` i
1, 529,173.80 15. 85%
StateGrants 3, 592,632. 34 12,077, 932.42 ,+„ 10, 365, 224. 58 85. 82% Local 5, 778,14134 6, 847, 246. 59 7;, 1,: 1, 140,974.41 16.66% Interest 30, 723.00 20, 000.00 0. 00%
Other 73, 824.96 60, 000. 00 , ,,` 0. 00%
14, 551,196J0 28,651,867. 21 r, 13, 035,372J9 45. 50%
EXPENDITURES s°'
Salaries& Benefits 4, 486, 781. 28 5, 312,472. 93
3 _
969, 336.07 18.25%
Services& Supplies 1, 077, 170.21 1, 212, 800. 00 t3' 125, 700. 00 10.36% t,
Office Expense 336,434. 13 313, 000. 00 t Q; 25, 000. 00 7. 99% Communications 60, 810.26 60,000. 00 t; 0.00%
Memberships 34, 890. 58 45,000.00 4S Q 0. 00%
x ;
Maintenance- Equipment 5, 199J4 10,000.00 ` ,,; 0. 00%
Rents& Leases- Equipment 51,493J4 131,000.00 +°, 0. 00% Transportation,Trevel& 7raining( In& Out of State) 83, 703. 41 100,000.00 : 25, 000.00 25. 00% Publications& Legal Notices 3, 919.22 7, 500.00 0. 00%
Insurence 174, 019.45 146, 300. 00 58, 700. 00 40. 12%
Building Operetions& Maintenance 217, 331.92 20Q000.00 1"li'k`' 17, 000. 00 8. 50% S1COG Building Debt Service Principal and Interest 109, 367J6 20Q000.00 s QI};; 0. 00% Professional5ervices 8, 059,048.90 21, 746,094.28 3, i,., r> 11, 940,336J7 54. 91% CapitalOutlay 120,336. 29 380,500.00 3 1Q, Q; 0. 00%
Unallocated/ Reserve
SJCOG OPERATING EXPENDITURES 13,743,336.68 28, 651,867. 21 „.; N , 13,035, 372.84 45. 50% 427
428
ITEM 4. 16

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY CITY MANAGER' S EXECUTION OF A

CONSTRUCTION CONTRACT WITH NOR- CAL

CONCRETE COMPANY FOR TEMPORARY ANIMAL
SHELTER CONCRETE, CIP GG 23- 06 AND APPROVE

BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Ratifying City Manager' s Execution of a Construction Contract with Nor- Cal Concrete
Company for Temporary Animal Shelter Concrete,
CIP GG 23- 06 and Approving Budget Amendment
SUMMARY:

On October 10, 2022, Council approved the creation of Capital Improvement Project CIP) GG 23- 06 Temporary Animal Shelter. This subject scope of work includes the construction of concrete slabs at the Corporation Yard ( Project) upon which prepurchased modular animal shelter buildings will be placed. The Project will also provide modifications to concrete curb & gutter at the Lathrop Police Station to accommodate K- 9 housing.

The bid solicitation package for the construction of the Project was advertised on January 30, 2023 in accordance with Informal Bidding Procedures in CA Public Contract Code 22034 ( California Uniform Public Construction Cost Accounting Act) and Lathrop Municipal Code ( LMC) 3. 30. 060 and 3. 30. 070.

Public Works received and opened six ( 6) bids on February 14, 2023. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Nor- Cal Concrete Company ( Nor- Cal), with a bid of 76, 590.

Due to anticipated inclement weather and the immediate need to construct the concrete slabs, Nor- Cal was instructed to commence the Project' s construction right after the bidding, taking advantage of a predicted clear weather period. Therefore, Staff requests Council adopt a resolution ratifying the City Manager' s signing of a construction contract with Nor- Cal for CIP GG 23- 06 Temporary Animal Shelter Concrete in the amount of $76, 590 and authorize a 20% construction contingency of 15, 318 bring the total Project cost not to exceed $ 91, 908.

Staff also requests Council authorize an additional $ 100, 000 to fund site improvements, and approve a total budget amendment in the amount of $ 191, 908 see Fiscal Impact).
429
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

RATIFY CITY MANAGER' S EXECUTION OF A CONSTRUCTION CONTRACT

WITH NOR- CAL CONCRETE COMPANY FOR TEMPORARY ANIMAL SHELTER CONCRETE, CIP GG 23- 06 AND APPROVE BUDGET AMENDMENT
BACKGROUND:

October 10, 2022, City Council approved the creation of CIP GG 23- 06 Temporary Animal Shelter to provide a facility for the subject services until the City' s permanent animal shelter is constructed. The Project consists of minor grading and excavation, and the construction of six ( 6) concrete slabs and a concrete mow strip. The slabs will be used as foundations for the placement of two ( 2) 6- kennel and one ( 1) 18- kennel modular animal shelter structures.

The concrete mow strip will provide the base for an outdoor steel- fenced animal run to be installed as a function of a separate project following placement of the modular buildings, and will discourage animals from digging under the fence. The Project also includes minor modifications to concrete curb & gutter at the Lathrop Police Station, which will accommodate placement of kennels for Lathrop Police Department' s K- 9 dogs.

City staff prepared the plans and technical specifications. The informal bid solicitation package for the construction of the Project was advertised on ) anuary 30, 2023 in accordance with Informal Bidding Procedures in CA PCC 22034 and LMC 3. 30. 060 and 3. 30. 070.

Six ( 6) bids, all determined to be responsive and from responsible bidders were received and opened by Public Works on February 14, 2023. The bid results are summarized in Table 1 below:

Table 1: Summar of Bid Resu/ts
Contractor Total Bid
Nor- Cal Concrete Com an 76, 590. 00
MG and JC Concrete, Inc. 103, 846. 00
Bianchi Concrete 109, 790. 80
Westside Landsca e & Concrete, Inc. 123, 677. 64
B& M Builders, Inc. 138, 380. 00
Diede Construction, Inc. 173, 526. 00
Staff reviewed and evaluated the bids, and determined that the lowest bid is from Nor- Cal. Due to anticipated inclement weather and the immediate need to construct the temporary animal shelter, the City Manager executed the contract with Nor- Cal to enable construction of the Project immediately following bidding when a window of clear weather was anticipated. Therefore, Staff requests City Council adopt a resolution ratifying the City Manager' s execution of a construction contract with NorCal in the amount of $ 76, 590. 430
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

RATIFY CITY MANAGER' S EXECUTION OF A CONSTRUCTION CONTRACT

WITH NOR- CAL CONCRETE COMPANY FOR TEMPORARY ANIMAL SHELTER CONCRETE, CIP GG 23- 06 AND APPROVE BUDGET AMENDMENT
Staff also requests City Council authorize a 20% construction contingency of$ 15, 318, and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total Project cost not to exceed $ 91, 908.

Staff also requests City Council authorize an additional $ 100, 000 to fund necessary site improvements for CIP GG 23- 06 Temporary Animal Shelter, including parking, concrete flatwork and landscaping and approve a total budget amendment of 191, 908.

REASON FOR RECOMMENDATION:

The City of Lathrop animal shelter services were previously provided by the City of Manteca ( Manteca). As the City' s permanent animal shelter is approximately 2 years from completion, approval of the subject contract will support the timely construction of the temporary facility to ensure uninterrupted provision of the City' s animal shelter services.

FISCAL IMPACT:

Table 2 below is a summary of the budget and expenses to date for CIP GG 23- 06, Temporary Animal Shelter.

Table 2: Pro' ect Financia/ Summar - CIP GG 23- 06
Bud et Ex enses

ITEM VALUE ITEM VALUE
Reso 22- 5168 - 10/ 12/ 22 $ 502, 000 Shelter Materials 26, 778. 14 Reso 23- XXX - 4/ 10/ 23 $ 191, 908 Modular Kennels 322, 433. 00 Site Im rovements 82, 554. 91
Concrete slabs 76, 590. 00
Securit Cameras / Software $ 17, 132. 10
TOTAL BUDGET: $ 693, 908 TOTAL EXPENSES TO DATE: $ 525,488. 15 Staff requests City Council ratify the City Manager' s execution of a construction contract with Nor- Cal in the amount of $ 76, 590 and authorize a 20% construction contingency of $ 15, 318, for a total Project cost not to exceed $ 91, 908.

Staff also requests City Council authorize an additional $ 100, 000 for necessary site improvements for CIP GG 23- 06 Temporary Animal Shelter, including parking, concrete flatwork and landscaping.

Sufficient funds were not included in the adopted FY 22/ 23 budget. Therefore, Staff requests City Council approve a budget amendment to fund the estimated total construction costs for CIP GG 23- 06, Temporary Animal Shelter transferring 431
CITY MANAGER' S REPORT PAGE 4
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

RATIFY CITY MANAGER' S EXECUTION OF A CONSTRUCTION CONTRACT

WITH NOR- CAL CONCRETE COMPANY FOR TEMPORARY ANIMAL SHELTER CONCRETE, CIP GG 23- 06 AND APPROVE BUDGET AMENDMENT
191, 908 from the General Fund Reserve ( 1010) to the CIP Project Fund ( 3010) as detailed below.

Increase Transfer Out
1010- 9900- 990- 9010 191, 908
Increase Transfer In
3010- 9900- 393- 0000 GG 23- 06 191, 908
Increase Ex,penditures
3010- 8000- 420- 12- 00 GG 23- 06 191, 908
ATTACHMENTS:

A. Resolution Ratifying City Manager' s Execution of a Construction Contract with Nor- Cal Concrete Company for the Temporary Animal Shelter Concrete, CIP GG 23- 06 and Approving Budget Amendment
B. Executed Construction Contract with Nor- Cal Concrete Company for Temporary Animal Shelter Concrete, CIP GG 23- 06
432
CITY MANAGER' S REPORT PAGE 5
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

RATIFY CITY MANAGER' S EXECUTION OF A CONSTRUCTION CONTRACT

WITH NOR- CAL CONCRETE COMPANY FOR TEMPORARY ANIMAL SHELTER CONCRETE, CIP GG 23- 06 AND APPROVE BUDGET AMENDMENT
APPROVALS:
3 . zg ,23
Steven Hollenbeak Date
Assistant Engineer
3 -2 aZ
Ken Reed Date
Senior Construction Manager
y' S/ Zo23
Brad aylor Date
City Engineer
3 3
Cari Jam Date
Director Finance
3- 28 23
Michael King Date
Assistant City Manag r
3 . 3 o- Z
Salvador Navarrete Date
City Attorney
23 Stephen J. Salvatore Date
City Manager
433
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYNG CITY MANAGER' S EXECUTION OF A CONSTRUCTION CONTRACT WITH NORCAL CONCRETE COMPANY FOR TEMPORARY ANIMAL SHELTER CONCRETE, CIP GG 23- 06 AND APPROVING BUDGET AMENDMENT
WHEREAS, on October 10, 2022, City Council approved the creation of Capital Improvement Project ( CIP) GG 23- 06 Temporary Animal Shelter to provide a facility for the subject services until the City' s permanent animal shelter is constructed; and WHEREAS, the work contemplated by this contract will provide concrete improvements at the Corporation Yard for the placement of modular animal shelter buildings and modifications to concrete curb & gutter at the Lathrop Police Station for Police K- 9 kennels ( Project); and
WHEREAS, City staff prepared and distributed the plans and technical specifications for informal bid solicitation on January 30, 2023 in accordance with Informal Bidding Procedures in CA Public Contract Code 22034 ( California Uniform Public Construction Cost Accounting Act) and Lathrop Municipal Code 3. 30. 060 and

3. 30. 070; and
WHEREAS, a total of six ( 6) bids were received and opened by Public Works on February 14, 2023; and
WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Nor- Cal Concrete Company Nor- Cal) with a bid of $ 76, 590; and
WHEREAS, the City Manager has executed a construction contract with NorCal for $ 76, 590; and WHEREAS, staff requests Council ratify the construction contract with Nor- Cal in the amount of $ 76, 590 for the construction of the Project; and WHEREAS, staff also requests Council authorize a 20% construction contingency in the amount of $ 15, 318 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total Project cost not to exceed 91, 908; and
WHEREAS, sufficient funds were not included in the adopted Fiscal Year 22/ 23 budget for CIP GG 23- 06 to fund the Project construction and related site improvements; therefore, staff requests City Council approve a budget amendment transferring $ 191, 908 from General Fund Reserve to the Project CIP fund as follows:
434
Increase Transfer Out
1000- 9900- 990- 9010 191, 908
Increase Transfer In
3010- 9900- 393- 0000 GG 23- 06 191, 908
Increase Expenditures
3010- 8000- 420- 12- 00 GG 23- 06 191, 908
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby ratifies the City Manager' s execution of a construction contract with Nor- Cal Concrete Company for Temporary Animal Shelter Concrete, CIP GG 23- 06 for a cost of $ 76, 590; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby authorize a 20% construction contingency in the amount of $ 15, 318 and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby authorize an additional $ 100, 000 for related site improvements for CIP GG 23- 06, Temporary Animal Shelter; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby ratify approve a budget amendment transferring $ 191, 908 from General Fund Reserve to the Project CIP fund as detailed above.
435
The foregoing resolution was passed and adopted this 10t" day of April, 2023 by the following vote of the City Council, to wit:

AYES:

NOES:

A BSTAI N:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 436
DocuSign Envelope ID: 3DOC3934- AA3A- 4014- 977C- 9F9D47C783BC

A ACH T
8 w..+..

SECTION 00500
ANIMAL SHELTER CONCRETE, CIP GG 23- 06
CUPCCAA INFORMAL BID SOLICITATIO;V CONSTRUCTION CONTRACT

CONSTRUCTION CONTRACT
This Contract, dated March 1 , 2023, is entered into by and bettiveen the City of Lathrop, a municipal corporation of the State of California ( City), and Nor- Cal Concrete Company ( Contractor), whose Taxpayer ldentification Number is 94- ll44610
For and in consideration ofthe following covenants, terms and conditions, City and Contractor( the parties) agree:
t. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if nQ such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.

2. General Scope of Pro1ect and Work. Construction Documents for Animal Shelter Concrete, CIP GG 23- 06 ( Project). Contractor shall furnish labar, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.

The vork to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to sawcutting and removal of asphalt paving and concrete, and construction of concrete curb and flatwork and any task necessary to accomplish the aforementioned tasks at the City' s Corporation Yard and Police Sta# ion.

The vork shali be eompleted within 30 working days following issuance of Notice to Proceed.

The Work shalt be complete, and all appurtenant work, materials, and services not expressly shown or cal( ed for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.

Base Bid Total: 76, 590.00(, Seventv- Six Thousand Five Hundred Ninetv Dollars)

2. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference ( i. e. Project Specifications, Project Pians, addenda, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Nor- Cal Concrete Coi any on February 14, 2023. For the purposes of construing, interpreting and resofving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.

3. Compensation. In consideration of Contractor' s performance of its o6ligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents. Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. 00500- 1
437
DocuSign Envelope ID: 3D C3934- AA3A- 4014- 977C- 9F9D47C7838C SECTION 00500
ANIMAL SHELTER CONCRETE, CIP CG 23- 06
CUPCCAA IIVFOItN1AL BID SOLICITATION CONSTRUCTION CONTRACT In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any work.

5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions 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 person performing labor or services or supplying materials or equipment tinder the Project. Contractor shall furnish City with the certificates of insurance and with original endarsements affecting coverage required under this Contract on or before the Date ofExecution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf.

Proof of insurance shall be mailed to the Project Manager to the address set forth in Section I S of this Contract.

6. lndemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or jt dgments, 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 ofthe willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety ofthe Project site, or any part thereof, or rvhich arises from Contractor' s failure to do anything required under this Contract or for doing anything which Cantraetor 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 perform the terms and conditions ofthis Contract, except as may arise from the sole tivillfuf or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term ofthis Contract, or arising thereafter.

7. Assumption of Risk. Contractor agrees to vol mtarily assume any and a( 1 risk of loss, damage, or injury to the property 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 operate 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 ofthis Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract. oosoo- 2
438
DocuSign Envelope ID: 3DOC3934- AA3A- 4014- 977C- 9F9D47C7838C SECTION 0050
ANIi 1AL SHELTER CONCRETE, CIP GG 23- 06

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT

9. Compliance with Laws. Contractor shall comply with all 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 bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or pennit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason ofthe use or occupancy ofthe Project site, and with all Laws pertaining to nondiscrimination and affirn ative action in employment and hazardous materials.

DEPARTMENT OF INDUSTRIAL R LATIOI IS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registratian requirements pursuant to Labor Code Section 1725. 5 is a materiai obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during perfonnance ofthe Work by the Contractor and all Subcontractors of any tier. The failure ofthe Contractor and alf Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' s default of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. Na portion of the Work is permitted to be performed by a Subconkractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and ongoing obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers; are at all times during performance of Work in full and strict compliance with DIR Registration requirements. The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements. d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s propasal for the Work is nat DIR Registere at the time of opening of proposals for the Work or if a Subcontractor' s DIR regish•ation lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s cansent to substitute the non-DIR registered Subeontractor pursuant to Labor Code Section 1771. 1( c)( 3) and/ or Labor Code Section 1771. 1( d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obiigation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier.
b) Express Condition Precedent to Payment of Contact Price. Strict compEiance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion of the Contract Price; or( ii) to disburse any portion ofthe Contract Price to the Contractor. 00500- 3
439
DocuSign E velope ID: 3DOC3934- AA3A- 4014- 977G9F9D47C783BC SECTION 00500
AYIbiAL SHELTER CONCRETF,,CIP GG 23- 06
CUPCCAA INFOItIYIAL BID SOLICITATION CONSTRUCTION CONTRACT The Contractor shatl demonstrate strict campliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: ( i) shall not be obligated to process or disburse any portion of the Contract Price; or( ii) shall not be deemed in defatilt of the CITY' s obligations under the Cantract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements. c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4( a)( 4), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers perForming any portion of the work the PWR established for the classification of work/ labor performed.

RECORD OF WAGES PAID: 1NSPECTION
Pursuant to Labor Code section ] 776, Contractor stipulates the following:
a) Contractor and each st bcontractor shall keep an accurate payroll record, showing the name, address, social security number, vork classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, vorker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions.

Such records shall be on forms provided by the Division of Labor Standards Enfarcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, ifprintouts contain the same information as the farms provided by the divisian and the printouts are verified as specified in subdivision( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request. 2} A certified copy of all payroll records enumerated in subdivision ( a) sha11 be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relatians.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor. c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten( 10) days after receipt of the written request. 00500- 4
440
DocuSign Envelope ID: 3DOC3934- AA3A- 4014- 977C- 9F9D47C7838C SECTION 00500
ANIMAL SHELTER CONCRETE, CIP GG 23- 06

CUPCCAA INFOR IAL BID SOLICITATION CONSTRUCTION CONTRACT d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement sha11 be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract ar performing the contract shall not be marked or obliterated. e) Contractor shall inform the CITY of the location of the records enumerated under subdivision( a), including the street address, city, and county, and shall, within( 5) working days, provide a notice of a change of location and address.

In the event of noncompliance with the requirements of this Article, Contractor shall have ten( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day periad, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each tivorker, unti] strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.

The responsibility for compliance with this Article shall rest upon Contractor.

10. Bonds. As a condition precedent to City' s obligation to pay compensatian to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700- 5. 1 A.
i l. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during 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 equipment which shall he used during the course and scope of the Project and Work shall be merchantable and fit 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 af the Project and Work shall be free of defects in workmanship 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 fina( payment is made hereunder; 4) Any manufacturer' s warranty obtained by Contractor 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 or made available to the City;
00500->
441
DocuSign E velope ID: 3DOC3934- AA3A- 4014- 977G9F9D47C783BC SECTION 00500
ANIi14AL SHELT R CONCRETE, CIP GG 23- 06
CUPCCAA INFOI2,11AL BID SOLICITATION CONSTRUCTION CONTRACT 6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' 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 duly authorized to do so by appropriate resolution, and that this Contract shall be executed, detivered and performed pursuant to the power and authority conferred 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;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has furnished and will fiirnish true and accurate statements, records, reports, resolutions, certifications; and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 702$, as amended; and
12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions ofthe Project site.

12. Assignment. This Cantract and the performance required hereunder is personal 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, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.

14. Audits by City. During the term ot' this Contract and for a period of not Iess than three ( 3) years after the expiration or earlier 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 California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has na such hours, during the regular business hours of City.

I5. Notices. Al! contracts, agreements, 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 af the material sent by facsimile transmission, in accordance with { 1), ( 2) or( 3) above. Personal service shall include, without limitation, service by de( ivery and service by facsimile transmission.
00500- 6
442
DocuSign Envelope ID: 3L1OC3934- AA3A- 4014- 977C- 9F9D47C7838C SECTION 00500
ANIiVIAL SHELTER CONCRETE, CIP GG 23- 06

CUPCCAA INFORNIAL BID SOLICITATION CO' STRUCTION CONTRACT To City: City of Lathrop
City Clerk
390 Tawne Centre Drive
Lathrop, CA 95330
To City: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7430
FAX: ( 209) 94l- 7449
ATTitiT: Senior Construction Manager
To Contractor: Nor- Cal Concrete Company
Mailing Address: PO BoY 521, Suisun, CA 94585
Phone: j707 425- 6144
norcalconcrete@sbcglobal . net
Email:
oe Ardave
ATTN:

16. Miscellaneous
I) 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 Contractor.
2) Consent. Whenever 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 governed and construed by and in accordance with the Laws of the State of California. 4} Detinitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perforrn its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental attthority.
6) Headings. The paragraph headings are not a part ofthis Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time ta 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 ofthis Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract. oosoo- 7
443
DocuSign Envelope ID: 3DOC3934- AA3A- 4014- 977C- 9F9D47C783BC sECTroN oosoo
ANII 4AL SHELTER CONCRETE, CIP GG 23-06

CUPCCAA INFORIYIAL BID SOLICITATION CONSTRUCTION CONTRACT 9) Modification of Contrac#. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provisian. Any contract, covenant, condition, clause, qualification, restriction, reservation, terrn or other stipulation in the Contract shall deftne or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either pariy. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
l l) Resolution. Contractor 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 iinenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City.

Contractor shall not be entitled to any rights and benefits 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) Sticcessors 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. Tirne is of the essence ofthis Contract and each of its provisions. In the calculation af time hereunder, the time in which an act is to be performed shal] be computed by excluding the first Day and induding 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 1loliday 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 a ree 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. 17) Recovery of costs. The prevailing party in any action brought to enforce the terms ofthis Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party. 18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h}), Section 508 of the Clean Water Act ( 33 USC 1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CPR Part 15.
19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in complianee with the Energy Policy and Conservation ACT( Public Law 94- 163, 89 stat 871).
00500- 8
444
DocuSign Envelope ID: 3DOC3934- AA3A- 4014- 977C- 9F9D47C783BC SECTION 00500
ANIi 1AL SHELTER CONCRETE, CIP GG 23- 06
CUPCCAA INFOR: 4IAL BiD SOLICITATION CONSTRUCTION CONTRACT 20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City.
21) If during the course of construction evidence of deposit of historical or archaeological interest is fotmd, 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 praceed. The City will 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 construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Dact ments.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written" Notice to Proceed" from CITY. A Notice to Proceed shall not be issued unti] al) necessary boncis and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance ofthe Notice to proceed. 23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and ta execute this Contract on behalf of the respective Iegal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upan the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and follo ving, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply vith the State of California wage and labor la vs be enforced, as well as that for failing to pay prevailing wages.

EXHIBITS:

EXHIBIT A: Contractor' s Submitted Bid Packet
Certification ofinszirance, performanee andpayment boncls, and tivorker' s compensation certification shall befiirnishecf to the Ciry by the Contractor after Ciry Coa ncil' s appr•oval with resolz tion.
00500- 9
445
DocuSign Envelope ID: 3DOC3934- AA3A- 4014- 977C- 9F9D47C7836C SECTION 00500
ANIMAL SHELTER CONCRETE, CIP GG 23-06

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONT abY:

By.

Dt, QV'. Av t,
Name:
7oe Ardave
Title: Presi dent
CITY OF LATHROP Council Meeting 04/ 10/ 2023
APPROVED AS TO FORM: S° lution No. 23-
By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

BY
Michael King, P. E., Assistant City Manager
APPROVED:

By:

Steph n J. Salvatore, City Manager

END OF SECTIOI
oosoo- 10
446
DocuSign Envelope ID: 3DOC3934- AA3A- 4014- 977C- 9F9D47C783BC R
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SECTION b0300
ANTUNAL SHELTER CONCRE'!' E- CiP GG 1A6
CUPCCAA tNFbRMAL BID 50LICITATION gm pgpppgpi, Fpg ys
ANIMAL 3HELTER CONCRETE. CIP GG 23-06

BID SCHEDULE
BID
STTE DESCRIPTION QCJANIITY U1yTI' S
T T ED
iTEM PRICE TOTAL
i P
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68 SF PCC Sid walk 2 `' jQ . 4 C
2 P
O
330 SF
a l l Z . o o . 3 6 0.00
P 330 SF
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4 P
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33Q SF 5 ( S yyso. 0(
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TOTAL BID: S

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DocuSign Envelope ID: 3DOC3934- AA3A- 4014- 977C- 9F9D47C783BC SEGTiUN 00300
Axnrrai. sa t. e ct xc- c cc z- es
CITPCCAA INFORMAL B1D SOL1C!' I'ATION BID PROPOSAI, FORMS INFCIRMATIUN RE+UUIRED OF BIDDER
The Bidder( Contractor) shaIl furnish the fotiowing informacion. lfiis information is coasidered essential in euabiing the Project Manager ta deterneine ifthe Bidder is experience,ci in similar types of work and if the Bid is based oa a cazeful study of inethods applic ble to the work aad full realization of the various factors which may affect the progress of the work. Failur ta comalv with this reuuiremeat mav render the Bid nan- re,cponsive and tnay cause its reiecdon Additional sheets shall be atiached as required.

BIDDER' S 1NFORMATION
I) Biddt c' s name and address: }, r j•
r
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u;cU+•, Cf-.+ , CY l S85
2) Bidder' s telephone numbcr.--' t-- -,
e
4 (,_
3) Bidde s fax number. __ 6 ! Z S S $"
1''''
4) Bidder' s Contractor' s License( Class}: C '
LicenseNa.: 2. 3
E: -- 3 i - 2
5) Petson who inspected site of groposed work for Contractor' s fum:

Name: t1 v dtr- Date of Inspection: ' 2 3
6) List 5 projects of a nature semilar to this project:

Project Contract Name, Addfess and
Price Telephone Nutnber of Owner
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04300- 3
448
DocuSign Envelope ID: 3DOC3934- AA3A- 4014- 977C- 9F9D47C7838C SECTiON 40300
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CUPCCAA INFORhfAL HiD SQLICtTATION BID PROPOSAL FQRMS
List fl#'Sebcontractars:

The Bidder shall[ ist below the name aud busines.c address af each subcontractor who will perform work under this Bid in excess ofone-halfofons per ent ofthe Contractor's Total Bid Price, and shall also list the portion af the WURK which wiil be done by sucb subconizactor, in accordance with Secdon 4107 of the Public Contract Code. ARer the opening of bids, na changes or substitt ons will be allowed except as otherwise provided by law. The listing af more t} an ane subcontractor for each item ofwork to be perfonned with the words" andJor" wili not be permitted.

Failure to co ly with this requiremeut may rend r the Bid non-responsive and may cause its rejeclion. Should the ContractQr pmvide a bid that does not require a svbcantractor, the Contractor shall note that an this page by writing" Not Applicabte" in the list belgw. 5ubcontra+ t€r
License Percent of
Work to be Perf' ormed Nnmber Total Contract S bcontr ctor' s Name& Address io Ca b G.

2. 3.
4,

5. G.

Nate: AEiach additipnal sheets ifnaqt ia+ d.

Q0300-
449
DocuSign Envelope ID: 3DOC3934-AP 3A-4014-977C-9F9D47C7838C SECTION OQ3U4
wxn L se t.r coHc rE_c r cc z
CUPCCAA INFORMAL SiD 50LiC17'A? iON BID PROPUSAL FORMS

ADDENDA
Biddet acknawiedges receipt ofthe following addendum( addenda):

Respectfully submitted,
2- I- 2 3 l 8 +- ln• t e,
Dated Legai Name ofFnm
Si o Authorized Representative
Sea!)
IfBidder is a cocporatioq show State in whic incarporated.) The full names and post o ce addresses ofall persons and paities interested in the foregoing Bid as principals are as follows:

NOTICE): Give fust and last aames m futl; en case of corparatioq give namts of Presidont, Secremry, Treasurer, and Mauiager, and in case of partnerships and joint vcnhttes, give names and Post Of' ice addresses ofall the individual members.

Jo_ . - P S.
1 a ct G:(+ cr
I G/ tl. 11,.. , r.,f.l p c _
04300- 5
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DocuSign Envelope ID: 300C3934- AA3A- 4014- 977C- 9F9D47C783BC aild IVO. CS$ A- 2 02$
SECT OT i
A:VI13. L Stl£ LTER CC3ttiCRETk,- CiP GG 23- 2&
C 7i' CAA 3N ORMAL BiD S03. ICi'TATBUN BID PR( 1PaSA1. FCIStMS 8 Yi i7 I7V YU
W AL, i lEN BY' i'HESE FRESE 4TS:

THf T WE Nor- ai Ca crete Ccxnt any
as Ri1 Cl L, anci d1d Ret t iic 5urei+ Com anv
as SURE? Y are held; and fircnly l nd unto kh City of La hrcap zn the penal sum of TEN PE CE` { IO°r'4} OF TNE TCJTAL AMC7UN?' OF THE BID of it e Principal abt ve named, submitted by the Principal tc the City of Laihrop fssr the work descrabed 6elow, ' or the paymea t of which sum in iawful maney ofthe llnited Siates, t ell and truly to hs made to the Ciiy of Lathrnp to which the bid was s bmitted, we bind ourselves, Qur heirs, executors, administrators and successc rs, jointly an i severaIly, # irmly by tttc se presents. Tn n case shall the Iiabiiity of the surecy hercund r exceed t} e sum of$' e P c n:; t0%) of the Amc unt 8.

TH C P4I3 TIflA J' I'H1S CiBL1GATit} N IS SllCH,
A3', VF EREAS, tf3e Principal has subr itt the abave meniione bid to the City of Latt ro for cer#airt cons# rtactios specifac lly described as fol o vs, for ti; hirh bids re to be apened at the Public Wc rks Depa tfneni, 39fl Towne Centr° I7riv, Laihrc p, CA: AN3t tAL SNELTER CON tET, Cl#' G+G 23- 0.

NOW, ' HEREF( ait, if t a Prin igal is a varded tbe contra t and within t} e time a d anner cequired under the sp cifications, af er the pr scribed farms rc: presentefl zo him fcrr signature enters into a written contraci in ihe prescribed foma, in accordance with the bid, and filcs two bonds with the City, one fo guarantee faiihful performance, and the other io guarantee payment fc r labor aa d rnaterials as reyuired by 1aw, then tbis obiigation shali be nutt and vaid; athenvise, it shali be and ren ain in fu11 farce.

Ofl300- 6
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ANLAiAL 5fiELTER Ci)? CRETE- C1P G!G 23-0b
CUPCCAA iNFOitMAL 8iD SOLICLTATtON Btb PxOPUSAL FflR LfiS IN Wi'' NESS WHEREaF, we have hereunta sct our hands and seals an this 7th day of 2U23.

N C oracrete C st Seal) U!d Repubifc Sure1Y Com00nY { SeaI) Sea1) A%- BsI}
tselsea lore, A iomey-in- Fact "
Address; P. o. ox 52i Address: 1 10 R St. Su"rte 300
Suisun C#v, CA 94585 SacrameMo CA 9589'!
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DocuSign Envelope ID: 3DOC3934- AA3A-4014- 977G9F9D47C7838C CALIFC3RNIA A. L PURPC3SE ACKN JWLEDGMENT
A notary public or other afFicer ct mpleting this certi cate verifi s only the identity of the individual vho signed tl e docUment, to tivhich this cer ificate is atta hed, and nat the truthfufness, accuracy, ar validi[ y of that document
STATE OF GAIiFORNIA
CtJUNTY i F 0 LA
C n E f— 13 2 23 beforQ me, M M! t i .., P PAt... Natary pofe insen rVome and Title of the of ter
Putalic, personallya peared ' i L -{ ARt" tA ,. DAU+C
Namc{ s) a' Sigr er sjuvho proved to me on the basis af satisfactory evidence to be ihe person#s whase name4s} is/ afe subscrihed to the withfi instrument and ackno, vledged to me tl at he/ shs, r.t ey executed the same in his/ her7'tthe3r authorized capacEty( es), and khat by his/ h' eir signaturefs) on the instrument the person{ x}, or the entity upon behalf af which the person{ sr acted, executed the instr ment. i certify untler PENA TY O PERlURY under the laws of the State of CaHfornia Lhat the foregaing paragraph is true anc3 correct,
WiTNESS my hand and oF# icial seal.
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SOUWfl COUN7Y ''
Cwrnvt. SEP 3. ZQ24
Signature:_ l'
W______ OP IONAL--.--...____ -----------__--___._.___.____.._ Though this settion is optional, compieting this infarmotion con deter alterotian of the document or fraudul nt otfachment of this form to an unintended dDcument.

Description af Attached Document
7iiis or Type of Document; Document Da#e:

Number of Pages; Signer{ s) Other Than Named Above;
Capacity ies} Claimed by Signer{ sj
Signers Name: Signers Name:
r
0 Carporate{ ificer— iitRe( s} Corpor icer— Title{ s)
C Partner- C l.imited Genera ner- CI Limi[ ed Cl General C7 Individual Attorne ' Fact C1 Individual Attorney in Fact 0 Trustee Gu an or Conservator C] Trustee OGuardian ar Conservatar Other; Other:

Signer is Representing: Signer is Representing:
455
DocuSign Envalape ID: 3DOC3934- AA3A- 4014- 877G9F9D47C783BC t{) d}{
ANIhlAL 5i1£ i.TER CtllVCR" i'E- CiP GG 23-0G
CilPCCAA UtiFUR14 AL Bl.tf SOL1C[' I'AT1fJN Bli} PRt) POSAL FORMS NC} NC{ lLLUSION A 1 AVIT

S'TATE OF
ss,

COUNTY OF
A IJ U tt Q , being first duly svvorn, de oses and says that he or she is CO 2C. + n., e' of 0('Cq' ', otl Gce.'CQ,. the party making the foregoing bid that the id is not niade in the interest of or on behalf of an y u ' ndisclosed person, partnership, company, association, organizat on, or cor} Sc ratic n; that the bid is genuine and not collusive or s aan, th i t e bidder as noi directly ar indirecily induced r r strliciied auy other bidder io put in a false or sham bid, and has nat dire tly or indirectly colluded, conspired, connived, ar agreed wich any bidder or anyane etse to pnt in a sham bid, ar that anyone shall r frain from bidding; that the bidder has nc t in any manner, dire t.ly or ind'arecti}, sou t by ageemeni, communication, or conference with anyone to fix the bi price of the bidder or a y ather bidder, or of that of any other bidder, or to secure any advantage againsk the public body awarding the contract af anyone in#eresfed in the proposed c ntract; that all statert ents cc€ atain d in ihe bid are true; and, furiher, that the bidder has not, directly or indirectty, s b nitted his ar her bisi gr ce or any breakdown thereflf, or the c ntents thereof, ar divulged inf'armatic n c r daia relarive thereto, ar paid, and will not pay, any fee to any corporation.,parfiership, company assc ciaied, organizaiion, bid depository, or to any membcr or agent thereof t effectuate a c ive or sham bid. s,!f`_..-----.'_
S nature of Presadent, Secretary,
Manager, Prc ject Manager or Represencative
The County of C3+ O
A notary pub'•ic or oiher officer completing thls
1 .„ certffcata verlhe5 onSy the identlry af the
til" atE O p,.1\ C 1( 6ndividual who si9ned the document to whith this cer; ifica; e Is a sached, and not the truth(Utness.
accuracy, or validlty ot ihat dotument,
Subscribed and sworn to{ or affim ted) before rne
on khis_ day of ' 2 CUA(" t , 20 Z, by
l' f 7 N L i! /! I C IS 1U- U P proved to
me on the basis of satisfactory evidence to be the Cat t.i ss3i30 } person(, s} v rho a
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DocuSign Envelope ID: 3DOC3934- AA3A-4014977G9F9D47C7838C SECTION 003#){}
x.xu i. sx. u carrc- c cc a- es
Gt7PCCAA INFORMAL BCD SOLICITA170N BtD PROPOSAL FOitR S PUBLIC CC9NT C'I' CODE ECTi{} N t3162 QUESTIONNAIRE
In accordance with Fhabli Cc ntisct Cotle Secti an 1 1G2, the Bidder shall compiete, under penalty af PerjurY, the folIt wing questic unaire:

Has the Bidder, any o#"'icer ofthe Bidder, or a y employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, nemoved, or atharwise prevented from bidding on, or compieting a fatlerat, state, or local government prtject because of a violation ofiaw ar a safety reg, la#.ifln? Yes NQ
Ifihe answer is yes, cxpEain the circumsiances i ths following space.

PUBLIC Ct3Ni' RACT SECTION 1t 232 STATEMENT
In accordance with Public Contra t Code 5ectios 1 232, the Contractor hereby states under pcnalty of perjury, ihat no rnore than o e final unappealab e finding of contempt af court by a federal courE has beea issued against the Cc ntracior within thc immediately preceding two year pQriad because of khe Contractor' s failure to comply with an order of a federal court whicb orders the Contractor to compiy with an order of the National Labar Rclations Board_ NO' fE: Tt s above Statemeut and Questionnaire are part vf the Pcv}? osal. Signing this propasal ou the signahue portion thereof shal[ also constitute signature af this Sraitemenc and Questsannaire.

Bidders are caut oneci tha# making a false certificarion may subject the certifier to crirninal prc secuEion.

END OF SECTIO+Ij
d0340- 9
457
458
ITEM 4. 17

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RATIFICATION OF THE CITY MANAGER' S

SIGNATURE AND APPROVE OPTION AND

TOWER LEASE AGREEMENT WITH VERIZON

WIRELESS FOR USE OF CITY OWNED TOWER
RECOMMENDATION: Adopt Resolution Ratifying City Manager' s Signature and Approving Option and Tower
Lease Agreement With Verizon Wireless for
Use of City Tower.

SUMMARY:

River Islands Development, LLC ( RID") completed construction of a large utility facility that includes water tanks, a water booster pump station, a significant sewer pump station, and a SCADA tower. RID decided to construct a SCADA tower that was taller than required so that the tower could include cell antennae to improve cell service in the River Islands Project and create a revenue stream from the lease payments by telecom companies (" rent"). RID transferred the land within the Employment Center to River Islands Employment Center, LLC ( RI- EC). Therefore, that is the entity with whom the City will enter into the Agreement for Operations of a Communications Tower in River Islands (` Agreement").

Verizon Wireless has requested the City to enter into an Option and Tower Lease Agreement ( Lease Agreement") to lease space on the City cell tower site and on the cell tower itself. The Lease Agreement has been negotiated with Verizon Wireless, who will occupy the second to the top location on the cell tower ( the top location is reserved for the City facilities) and will provide monthly rent for $ 2, 250 to the City, to reimburse RID based on the approved Agreement.

Staff recommends that the City Council adopt a resolution to ratify the City Manager' s signature and approve Option and Tower Lease Agreement with Verizon Wireless.

BACKGROUND:

Various entitlements require RID as the developer for the River Islands Project to construct certain public facilities and infrastructure that will be of benefit to their property. RID completed the construction of a large utility facility that includes water tanks, a water booster pump station, a significant sewer pump station, and a SCADA tower. RID developed a communications tower site (' Site") within the Employment Center District of the River Islands at Lathrop project and erected a communications tower (' Tower") to serve national cellular communication providers ( Providers"), including the City of Lathrop (" City"), River Islands, related public agencies, Lathrop Police Department and Lathrop- Manteca Fire District.
459
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

RATIFICATION OF THE CITY MANAGER' S SIGNATURE AND APPROVE OPTION

AND TOWER LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF CITY

OWNED TOWER
RID transferred the land within the Employment Center to River Islands Employment Center, LLC ( RI- EC).

The Site provides space for the equipment to serve four (4) separate cell companies, and the tower itself includes an area for four ( 4) cell antennae. Now that the City owns the Site and Tower, the City can enter into lease agreements with Providers.

Verizon Wireless has requested the City of Lathrop enter into an Option and Tower Lease Agreement (" Lease Agreement") to lease space on the Site and the Tower. The Lease Agreement has been negotiated with Verizon Wireless, who will occupy the second to the top location on the cell tower ( the top location is reserved for the City facilities) and will provide monthly rent for $ 2, 250 to the City, to be used for reimbursement with RI- EC based on the approved Agreement. Under the Lease Agreement, rent paid by Verizon will increase by three ( 3) percent each year, beginning in year two ( 2). The initial term of the lease will be ten ( 10) years and will automatically renew for four ( 4) additional five ( 5) year terms.

REASON FOR RECOMMENDATION:

By placing their cell antennae on the cell tower, Verizon will enable the increase and improvement of wireless and cellular mobile communications capacities, for not only businesses and residents within the area but also for essential emergency response, community safety, commerce, recreation, and tourists/ commuters/ travelers that rely on consistent and reliable wireless communication all along the Interstate 5 corridor.

Police vehicles in the River Island area experience network service issues while the officers are attempting to utilize the equipment within the vehicles such as computers and radios. This cell tower would improve the network service in this area and rectify this issue, allowing officers to work more efficiently and efFectively. Additionally, the City will be paid monthly rent during the time the tower is used. Staff recommends that the City Council adopt a resolution to ratify the City Manager' s signature and approve Option and Tower Lease Agreement with Verizon Wireless.

FISCAL IMPACT:

Lease payments ($ 27, 000) received will be shared between the City and River Islands Employment Center, LLC ( RI- EC), 75% until fully reimbursed and 25% to the City in accordance with the Agreement for Operations of a Communications Tower in River Islands. Verizon Wireless will make payment to The City and the City will pay 75% of the payment to RI- EC. The total amount that will be reimbursed in a single year will be $ 20, 050 to RI- EC. The amount due to complete reimbursement fully is 246, 798. 40. The City will recognize the revenue of $ 6, 750 in Fiscal Year budget 2022- 23. Lease payments will fully fund maintenance of the site and the tower structure and will repay River Islands for increasing the tower height. The City' s share of the lease payments in excess of the maintenance costs will be available to the City for any use.
460
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

RATIFICATION OF THE CITY MANAGER' S SIGNATURE AND APPROVE OPTION

AND TOWER LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF CITY

OWNED TOWER
Staff requests the following budget amendment for FY 2022- 2023:

Increase Revenue
Communications
1010- 15- 10- 371- 90- 01 6, 750
ATTACH M ENTS:

A. Resolution to Ratify City Mangers signature and approve Option and Tower Lease Agreement with New Verizon Wireless for Use of City Tower and Related Budget Amendment
B. Option and Tower Lease Agreement with Verizon Wireless 461
CITY MANAGER' S REPORT PAGE 4
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

RATIFICATION OF THE CITY MANAGER' S SIGNATURE AND APPROVE OPTION

AND TOWER LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF CITY

OWNED TOWER
APPROVALS:
tif ' ` d
nandes Date
Infor ation Systems Director
o
C i J Date
Finance Di ctor
I—' -- y I / Zo
Michael King Date
Assistant Ci y Manager
y• . a.i... . .....

Y:
f -..;-,,:. 5
Salvador Navarrete Date
City Attorney
f•l• Z3
en J. Salvatore Date
City Manager
462
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING

CITY MANGER' S SIGNATURE AND APPROVING AN OPTION AND TOWER LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF CITY TOWER.

WHEREAS, River Islands Development, LLC, (" RID") the developer for the River Islands Project, is required under various entitlements to construct certain public facilities and infrastructure that will be of benefit to their property; and WHEREAS, RID is completing construction of a large utility facility that includes water tanks, a water booster pump station, a significant sewer pump station, and a SCADA tower; and
WHEREAS, RID has developed a communications tower site ( Site") within the Employment Center District of the River Islands at Lathrop project to erect a communications tower (" Tower") to serve national cellular communication providers Providers"), including City, River Islands, related public agencies and possibly Lathrop- Manteca Fire District; and
WHEREAS, RID has transferred the land within the Employment Center to River Islands Employment Center, LLC ( RI- EC), and so that is the entity with whom the City will enter into the Agreement for Construction and Operations of a Communications Tower in River Islands ( Agreement"); and WHEREAS, it has been determined that the additional height of the Tower can only be allowed if the City of Lathrop (" City") owns the facility, and so RI- EC offered to dedicate the Site and the Tower to the City; and
WHEREAS, Verizon Wireless has requested the City of Lathrop enter into an Option and Tower Lease Agreement (" Lease Agreement") in order to lease space on the cell tower site and the cell tower; and
WHEREAS, Verizon Wireless will occupy the second to the top ( ocation on the cell tower (the top location is reserved for the City facilities) and will provide monthly rent in the amount of$ 2, 250 to the City, to be shared with RID based on the approved Agreement; and
WHEREAS, accordance with the Lease Agreement, rent paid by Verizon Wireless will increase by 3 percent each year beginning in year two ( 2; and WHEREAS, the initial term of the lease will be ten ( 10) years, and will automatically renew for four ( 4) additional five ( 5) year terms; and WHEREAS, Lease payments ($ 27, 000) received will be shared between the City and River Islands Employment Center, LLC ( RI- EC), 75% until fully reimbursed 463
and 25% to the City in accordance with the Agreement for Construction and Operations of a Communications Tower in River Islands; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby ratify City Manager' s signature and approve Option and Tower Lease Agreement with Verizon Wireless for the use of City- owned tower. 464
The foregoing resolution was passed and adopted this 10t'' day of April 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 465
Market Northem Califomia
Cell Site Number: 558247
Search Ring Name: Ncw Lathrop
Cell Site Name• Cimis Court

OPTION AND TOWER LEASE AGREEMENT
THIS OPTION AND TOWER LEASE AGREEMENT(" Agreement"), dated as of the latter of the signature dates below( the" Effective Date"), is entered into by the City of Lathrop, a California municipal corporation, having a mailing address of 390 Towne Centre Drive, Lathrop, CA 95330(" Landlord"), and Sacramento- Valley Limited Partnership, a California limited partnership d/ b/ a Verizon Wireless, having a mailing address of One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, Attention:

Network Real Estate(" Tenant").

BACKGROUND
Landlord owns that certain plot, parce) or tract of land, as described on Exhibit 1, improved with a tower structure( the" Tower"), together with all rights and privileges arising in connection therewith, located in the City of Lathrop, County of San Joayuin, State of California ( collectively, the " Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business.

Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement.

The parties agree as follows:

1. OPTION TO LEASE.
a) Landlord grants to Tenant an option ( the " Option") to lease a portion of the Property consisting of:
i) approximately three hundred ( 300) square feet of ground space including the air space above such ground space, as described on attached Exhibit 1, for the placement of Tenant' s Communication Facility;
ii) space for any structural steel or other improvements to support Tenant' s eyuipment collectively, the space referenced in( i) and( ii) is the" Equipment Space"); iii) the portion ofthe Tower selected by Tenant and dedicated for Tenant' s exclusive use with a rad center of ninety feet ( 90') above ground ] evel as generally depicted on Exhibit 1 ( the " Tenant RAD Center"), and consisting of an envelope of five ( 5) contiguous vertical feet above the Tenant RAD Center and five ( 5) contiguous vertical feet below the Tenant RAll Center ( for an aggregate of ten ( 10) contiguous vertical feet of space)( collectively, the" Antenna Space Envelope"). Tenant shall have the right to locate, operate or maintain its communication equipment and improvements within the Antenna Space Envelope. The Antenna Space Envelope includes any area on a horizontal plane, extending in all directions from the Tower, that is perpendicular to such ten foot( 10') vertical envelope; and iv) those certain areas where Tenant' s conduits, wires, cables, cable trays and other necessary connections( and the cables, wires, and other necessary connections and improvements of such third parties related to Tenant, such as Tenant' s utility providers) are located between the Equipment Space and the Antenna Space Envelope, and between the Equipment Space and the electric power, telephone, fiber and fuel sources for the Property ( hereinafter collectively referred to as the " Connection Space"). Landlord agrees that Tenant shall have the right to install connections between TenanYs equipment in the Equipment Space and Antenna Space Envelope; and between Tenant' s equipment in the Equipment Space and the electric power, telephone, and fuel sources for the Property, and any other improvements. Landlord further agrees that Tenant shall have the right to install, replace and maintain utility lines, wires, poles, cables, conduits, pipes and other necessary connections over or along any right-of-way extending from the aforementioned 67288092v l Verizon Site( Cirrus Court) Option and Tower Lease Agreement 466
public right- of-way to the Premises. Notwithstanding the foregoing, Tenant, to the extent feasible, shall locate all lines, wires, conduits and cables on existing poles extending from the roadway into Landlord' s Property.

The Equipment Space, Antenna Space, and Connection Space, are hereinafter collectively referred to as the Premises."
b) During the Option Term, and during the Term of this Agreement, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency testing and other geological or engineering tests or studies of the Property( collectively, the " Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant' s sole discretion for its use ofthe Premises and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits ( collectively, the " Government Approvals"), initiate the ordering and/ or scheduling of necessary utilities, and otherwise to do those things on or offthe Property that, in the opinion of Tenant, are necessary in Tenant' s sole discretion to determine the physical condition of the Property, the environmental history of the Property, Landlord' s title to the Property and the feasibility or suita.bility of the Property for Tenant' s Permitted Use, all at Tenant' s expense.

Tenant will not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Pmperty, whether or not such defect or condition is disc( osed by Tenant' s inspection.

Tenant will restore the Property to its condition as it existed at the commencement of the Option Term, reasonable wear and tear and loss by casualty or other causes beyond TenanYs control excepted. c) In consideration of Landlord granting Tenant the Option, Tenant agrees to pay Landlord the sum of Five Hundred and No/ 1o0 Dollars ($ 500. 00) within thirty( 30) business days of the Effective Date.

The Option will be for an initial term of one( l) year commencing on the Effective Date( the" Initial Option Term") and may be renewed by Tenant for an additional one( 1) year( the" Renewal Option Term") upon notification to Landlord and the payment of an additional Five Hundred and No/ 100 Dollars($ 500. 00) prior to the expiration date ofthe Initial Option Term. The Initial Option Term and any Renewal Option Term are collectively referred to as the" Option Term."
d) The Option may only be sold, assigned or transferred at any time by Tenant to an Affiliate of Tenant. Otherwise, the Option may not be sold, assigned or transferred without the written consent of Landlord, such consent not to be unreasonably withheld, conditioned or delayed. From and after the date the Option has been sold, assigned or transferred by Tenant to an Affiliate or a third party agreeing to be subject to the terms hereof, Tenant shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action. e) During the Option Term, Tenant may exercise the Option by notifying Landlord in writing.

IfTenant exercises the Option, then Landlord leases the Premises to Tenant subject to the terms and conditions of this Agreement. IfTenant does not exercise the Option during the Option Term or any extension thereof, this Agreement will terminate and the parties will have no further liability to each other.

If during the Option Term, or during the Term of this Agreement, Landlord decides to subdivide, sell, or change the status ofthe zoning ofthe Premises, Property or any of Landlord' s contiguous, adjoining or surrounding property ( the " Surrounding Property", which includes without limitation the remainder of the Tower) or in the event of foreclosure, Landlord shall immediately notify Tenant in writing.

Landlord agrees that during the Option Term, or during the Term of this Agreement if the Option is exercised, Landlord shall not initiate or consent to any change in the zoning of the Premises, Properiy or Surrounding Property or impose or consent to any other use or restriction that would prevent or limit Tenant from using the Premises for the Permitted Use. Any and all terms and conditions of this Agreement that by their sense and context are intended to be applicable during the Option Term shall be so applicable. 2 Verizon Site( New Lathmp) Option and Tower Lease Ageement 467

2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas, I beams, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises ( collectively, the Communication Facility"), as well as the right to test, survey and review title on the Property; Tenant further has the right, but not the obligation, to add, modify and/ or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord ( collectively, the Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's Permitted Use. IfExhibit 1 includes drawings ofthe initial installation of the Communication Facility, Landlord' s execution ofthis Agreement will signify Landlord' s approval of Exhibit i. Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of Landlord' s Surrounding Property as may reasonably be required during construction and installation of the Communication Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property' s main entry point to the equipment shelter or cabinet, and to make other improvements, alterations, upgrades or additions appropriate for Tenant' s Permitted Use, including the right to construct a fence around the Premises, install warning signs to make individuals aware of risks, install protective barriers, install any other control measures reasonably reyuired by TenanYs safety procedures or applicable] aw, and undertake any other appropriate means to secure the Premises at Tenant' s expense. Tenant has the right to install, modify, supplement, replace, upgrade, expand the eyuipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the Term ofthis Agreement. Tenant will be allowed to make such alterations to the Property in order to ensure that Tenant' s Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property( the" Additional Prem ises") for such modification or upgrade, Landlord shall comply with all Federal and State laws and agrees to negotiate a reasonable amended compensation structure to this Agreement in a timely manner, and will not unreasonably withhold approval.

3. TERM.
a) The initial lease term will be ten ( 10) years(" Initial Term"), commencing on the first day of the month following Tenant' s exercise of the Option ( the " Term Commencement Date"). The Initial Term will terminate on the tenth( 10') anniversary of the Term Commencement Date. b) This Agreement will automatically renew for four( 4) additionai five( 5) year term( s)( each additional five( 5) year term shall be defined as an" Extension Term"), upon the same terms and conditions unless Tenant notifies Landlord in writing of TenanYs intention not to renew this Agreement at least sixty 60) days prior to the expiration ofthe Initial Term or then- existing Extension Term. c) Unless( i) Landlord or Tenant notifies the other in writing of its intention to terminate this Agreement at least six( 6) months prior to the expiration of the final Extension Term, or( ii) the Agreement is terminated as otherwisc permitted by this Agreement prior to the end of the final Extension Term, then upon the expiration of the final Extension Term this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one( 1) year, and for annual terms thereafter(" Annual Term") until terminated by either party by giving to the other written notice of its intention to so terminate at least six( 6) months prior to the end of any such Annual Term. Monthly rental during such Annual Terms shall be equal to the Rent paid for the last month of the final Extension Term. d) The Initial Term, any Extension Terms and any Annual Terms are collectively referred to as the" Term".
3 Verizon Site( New Lathrop) Option and Tower Lease Agreement 468

4. RENT.
a) Commencing on the Term Commencement Date( which is also referred to herein as the" Rent Commencement Date"), Tenant will pay Landlord on or before the fifth( 5`) day ofeach calendar month in advance Two Thousand Two Hundred fifty and No/ 100 Dollars($ 2, 250. 00)( the " Rent"), at the address set forth above. In any partiat month occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within sixty ( 60) days after the Rent Commencement Date.
b) In year two ( 2) of the Initial Term, and each year thereafter, including throughout any Extension Terms exercised, the monthly Rent will increase by Three Percent( 3. 0%) over the Rent paid during the previous year.
c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one ( 1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord.

The provisions of this subsection shall survive the termination or expiration of this Agreement.

5. APPROVALS.
a) Landlord agrees that Tenant' s ability to use the Premises is contingent upon the suitability of the Premises and Property far Tenant' s Permitted Use and Tenant' s ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for Tenant' s Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company ofits choice and to have the Property surveyed by a surveyor of its choice. c) Tenant may also perform and obtain, at Tenant' s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if TenanYs use of the Premises will be compatible with Tenant' s engineering specifications, system, design, operations or Government Approvals.

6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows:
a) by either party on thirty( 30) days prior written notice, ifthe other party remains in default under Section 15 ofthis Agreement after the applicable cure periods; b) by Tenant upon written notice to Landlord, if Te ant is unable to obtain, or maintain, any required approval( s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant;
c) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses;
d) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Tenant; or
e) by Tenant upon sixty( 60) days' prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three( 3) months' Rent, at the then- current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other Section of this Agreement including the following: 6( a) Termination, 6( b) Termination, 6( c) Termination, 6( d) Termination, 11( d) Environmental, 18 Condemnation or 19 Casualty.
4 Verizon Site( New Lathrop) Option and Tower Lease Agrecment 469

7. INSURANCE.
a) During the Term, Tenant will carry, at its own cost and expense, the following insurance: ( i) workers' compensation insurance as required by law; and ( ii) commercial general liability( CGL) insurance with respect to its activities on the Property, such insurance to afford protection of up to Three Million Dollars 3, 000, 000) per occurrence and Six Million Dollars ($ 6, 000, 000) general aggregate, based on Insurance Services Office( ISO) Form or a substitute form providing substantially equivalent coverage. Tenant' s CGL insurance shall contain a provision including Landlord as an additional insured as their interests may appear under this Agreement. Such additional insured coverage:
i) shall be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or independent contractors; ii) shall not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Landlord, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Landlord, its employees, agents or independent contractors; and
iii) shall not exceed Tenant' s indemnification obligation under this Agreement, if any. b) Notwithstanding the foregoing, Tenant shall have the right to self-insure the coverages required in subsection( a). In the event Tenant elects to self-insure its obligation to include Landlord as an additional insured, the following provisions shall apply( in addition to those set forth in subsection( a)):
i) Landlord shall promptly and no later than thirty( 30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; ii) Landlord shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and
iii) Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like.

8. INTERFERENCE.
a) Prior to or concunent with the execution of this Agreement, Landlord has provided or will provide Tenant with a copy of the pre- existing Lease to New Cingular Wireless PCS, LLC, a Delaware limited liability company (" Cingular Lease") and a list of radio frequency user( s) and frequencies used on the Property as of the Effective Date. Tenant warrants that its use of the Premises will not interfere with the tenant' s currently permitted use under the Cingular Lease or the existing radio frequency uses on the Property, as long as the tenant under the Cingular Lease and those existing radio frequency user( s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. b) Landlord will not grant, after the Effective Date of this Agreement, a lease, license or any other right to any third party, if thc exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights ofTenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
c) Landlord will not, nor will Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within two( 2) business days after receipt of notice of interference from Tenant. ln the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference ( except for intermittent testing to determine the cause of such interference) until the interference has been corrected.
d) For the purposes of this Agreement," interference" may include, but is not limited to, any use on the Property or Sunounding Property that causes electronic or physical obstruction with, or degradation of,the communications signals from the Communication Facility. 5 Verizon Site( New Lathrop) Option and Tower Lease Agreement 470

9. INDEMNIFICATION.
a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability ( or any claims in respect of the foregoing), costs or expenses ( including reasonable attorneys' fees and court costs) arising directly from the installation, use, maintenance, repair or removal ofthe Communication Facility or Tenant's breach of any provision ofthis Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors.
b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability ( or any claims in respect of the foregoing), costs or expenses ( including reasonable attorneys' fees and court costs) arising directly from the actions or failure to act of Landlord, its employees, agents or independent contractors, or Landlord' s breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors.
c) The indemnified party:( i) shall promptly provide the indemnifying pariy with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like;( ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent ofthe indemnifying pariy; and( iii) shall fully cooperate with the indemnifying party in the defense ofthe claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except( 1) to the extent the indemnifying party can show it was prejudiced by the delay; and( 2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given.

10. WARRANTIES.
a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. b) Landlord represents, warrants and agrees that:( i) Landlord solely owns the Property as a legal lot in fee simple, and solely owns the Tower;( ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant' s Permitted Use and enjoyment of the Premises under this Agreement; ( iii) as long as Tenant is not in default beyond all applicable notice and cure periods, then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises without hindrance or ejection by any persons lawfully claiming under Landlord;( iv) Landlord' s execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord; and( v) ifthe Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, then Landlord wili provide promptly to Tenant a mutually agreeable subordination, non- disturbance and attornment agreement executed by Landlord and the holder of such security interest.

11. ENVIRONMENTAL.
a) Landlord represents and warrants that, except as may be identified in Exhibit 11 attached to this Agreement,( i) the Property, as of the Effective Date of this Agreement, is free of hazardous substances, including asbestos- containing materials and lead paint, and ( ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation.

Landlord and Tenant agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection ofthe environment or worker health and safety, as may now or at any time hereafter be in ef' ect, to the extent such apply to that party' s activity conducted in or on the Property.
6 Verizon Site( New 1. athrop) Oplion and Tower Lease Agreement 471
b) Landlord and Tenant agree to hold hannless and indemnify the other from, and to assume all duties, responsibilities, and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitwes, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (" Claims") to the extent arising from that party' s breach of its obligations or representations under Section 11( a). Lar dlord agrees to hold harmless and indemnify Tenant from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date of this Agreement or from such contamination caused by the acts or omissions of Landlord during the Term. Tenant agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Tenant for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Tenant. c) The indemnifications of this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean- up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section i l will survive the expiration or termination of this Agrecment. d) In the event Tenant becomes aware of any hazardous substances on the Property, or any environmental, health or safety condition or matter relating to the Property that, in Tenant' s sole determination, renders the condition of the Premises or Property unsuitable for Tenant' s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a govemment agency or other third- party liability, then Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord.

12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty- four( 24) hour per day, seven( 7) day per week pedestrian and vehicular access (" Access") to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. As may be described more fully in Exhibit 1, Landlord grants to Tenant an easement for such Access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such Access at no additional cost to Tenant. Upon TenanYs request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant Access to the Property substantially in the form attached as Exhibit 12; upon TenanYs request, Landlord shall execute additional letters during the Term. If Tenant elects to utilize an Unmanned Aircraft System(" UAS") in connection with its installation, construction, monitoring, site audits, inspections, maintenance, repair, modification, or alteration activities at the Property, Landlord hereby grants Tenant, or any UAS operator acting on Tenant' s behalf, express permission to fly over the applicable Property and Premises, and consents to the use of audio and video navigation and recording in connection with the use of the UAS. Landlord acknowledges that in the event Tenant cannot obtain Access to the Premises, Tenant shall incur significant damage. lf Landlord fails to provide the Access granted by this Section 12, such failure shall be a default under this Agreement.

13. REMOVAL/ RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant' s personal property and, at Tenant' s option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature consiructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant' s removal activities. Any portions of the Communication Facility that Tenant does not remove within one hundred twenty( 120) days after the later of 7 Verizon Site( New Lathrop) Option and Tower Lease Agreement 472
the end of the Term and cessation of TenanYs operations at the Premises shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation.

14. MAINTENANCE/ UTILITIES.
a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted.
b) Landlord will maintain and repair the Property and access thereto, the Tower, and all areas ofthe Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition ofthis Agreement or any required permit. Landlord shall maintain the Tower' s structural integrity at all times( which shall mean that at no time will Landlord allow the Tower' s condition to become, or remain, overstressed under the applicable structural standards set forth in the then- current version of the ANSI TIA- 222). Landlord shall at all times during the Term ofthis Agreement reserve and have ready for Tenant' s immediate use sufficient structural loading capacity on the Tower to support Tenant' s installation of up to thirty-five thousand squarc inches( 35, 000 sq. in.) of Wind Load Surface Area, in the aggregate, of Communication Facilities anywhere on the Tower( the" Allowed Wind Load Surface Area")." Wind Load Surface Area" means the Flat Plate Equivalent Area, as defined in ANSI TIA standards, of any appurtenance( excluding all mounts, platforms, cables and other non- operating equipment) at ninety degrees( 90°) perpendicular to wind direction, possessing the characteristics of flat material, with associated drag factors. Landlord shall be responsible for the costs of all structural modifications to the Tower, including the costs of related Government Approvals or other approvals, to support the Allowed Wind Load Surface Area. In the event that Tenant has used the Allowed Wind Load Surface Area and an installation of a portion of the Communication Facility within the Antenna Space Envelope will require structural modifications to comply with the structural standards generally accepted within the telecommunications industry, Tenant will pay Landlord for the portion of the structural modifications that is necessary to support Tenant' s loading in excess ofthe Allowed Wind Load Surface Area.

In no event shall Tenant be responsible for Tower modification costs to support the installations of other tenants, licensees or other users of the Tower, or for the Tower to comply with applicable Laws so long as Tenant' s installation is within the Allowed Wind Load Surface Area. c) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from Landlord. When submetering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Landlord agrees that it will not include a markup on the utility charges. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/ or agent designated by Tenant. Tenant will remit payment within forty- five( 45) days of receipt of the usage data and required forms. As noted in Section 4( c) above, any utility fee recovery by Landlord is limited to a twelve( 12) month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least twenty- four( 24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty- four( 24) hours per day, seven( 7) days per week. If an interruption in electrical power service occurs for an extended period of time, in Tenant' s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with, interruption of or fai[ure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
8 Verizon Site( New Latl rop) Option and Tower Lease ABreement 473
d) Tenant will have the right to install utilities, at TenanYs expense, and to improve present utilities on the Property and the Premises. Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such companies may from time to time require in order to provide such services to the Premises. Upon Tenant' s or the service company' s request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company.

15. DEFAULT AND RIGHT TO CURE.
a) The following will be deemed a default by Tenant and a breach of this Agreement:( i) nonpayment of Rent if such Rent remains unpaid for more than thirty( 30) days after written notice from Landlord of such failure to pay; or( ii) Tenant' s failure to perform any other term or condition under this Agreement within forty-five( 45) days after written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. IfTenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity.
b) The following will be deemed a default by Landlord and a breach of this Agreement: ( i) Landlord' s failure to provide Access to the Premises as required by Section 12 of this Agreement within twenty- four ( 24) hours after written notice of such failure; ( ii) Landlord' s failure to cure an interference problem as required by Section 8 of this Agreement within two( 2) business days after written notice of such failure; or( iii) Landlord' s failure to perform any term, condition, or breach of any warranty or covenant under this Agreement within forty-five ( 45) days of written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: ( 1) the right to cure Landlord' s default and to deduct the costs of such cure from monies due to Landlord from Tenant, and( 2) any and all other rights available to it under law and equity.

16. ASSIGNMENT/ SUBLEASE. Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein, in whole or in part only to Affiliate or subsidiary of the Tenant, without Landlord' s consent. Upon notification to Landlord of such assignment, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment.

17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized ovemight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows:

If to Landlord: City of Lathrop
Attn: City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
With a
copy to: City of Lathrop
Attn: City Attorney
390 Towne Centre Drive
Lathrop, CA 95330
9 Verizon Site( Ncw Lathrop) Option and Tower Lease Agreement 474
If to Tenant: Sacramento- Valley Limited Partnership
d/ b/ a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Site: New Lathrop Cirrus Court
Either party hereto may change the place for the giving of notice to it by thirty( 30) days' prior written notice to the other as provided herein.

18. CONDEMNATION. In the event Landlord receives notification of ar y condemnation proceedings affecting the Property, Landlord will provide notice ofthe proceeding to Tenant within forty- eight( 48) hours.

If a condemning authority takes all of the Property, or a portion sufficient, in Tenant' s sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a prorated basis.

19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within foriy-eight( 48) hours ofthe casualty or other hann. Ifany part ofthe Communication Facility or the Property is damaged by casualty or other harm as to render the Premises unsuitable, in Tenant' s sole determination, then Tenant may terminate this Agreement by providing written notice to Landlord, which termination will be effective as ofthe date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/ or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at no additio al Rent until the reconstruction of the Premises and/ or the Communication Facility is completed.

If Landlord determines not to rebuild or restore the Property, Landlord will notify Tenant of such determinatio within thirty( 30) days after the casualty or other harm. If Landlord does not so notify Tenant, and Tenant decides not to terminate under this Section, then Landlord will promptly rebuild or restore any portion ofthe Property interfering with or reyuired for TenanYs Permitted Use ofthe Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/ or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property.

20. WAIVER OF LANDLORD' S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant' s right to remove all or any portion of the Communication Facility from time to time in TenanYs sole discretion and without Landlord' s consent.

21. TAXES.
a) Landlord shall be responsible for ( i) all taxes and assessments levied upon the lands, improvements and other property of Landlord including any such taxes that may be calculated by a taxing authority using any method, including the income method, ( ii) all sales, use, license, value added, l0
Verizon Site( New Lathrop) Option and Tower Lease Agreement 475
documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar ta ces and fees imposed in connection with this Agreement, and( iii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with a sale of the Property or assignment of Rent payments by Landlord. Tenant shall be responsible for ( y) any taxes and assessments attributable to and levied upon Tenant' s leasehold improvements on the Premises if and as set forth in this Section 21 and( z) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar ta ces and fees imposed in connection with an assignment of this Agreement or sublease by Tenant. Nothing herein shall require Tenant to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord.
b) In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on TenanYs leasehold improvements on the Premises, Landlord shall provide Tenant with copies of each such notice immediately upon receipt, but in no event later than thirty( 30) days after the date of such notice of assessment_ If Landlord does not provide such notice or notices to Tenant in a timely manner and Tenant' s rights with respect to such taxes are prejudiced by the delay, Landlord shall reimburse Tenant for any increased costs directly resulting from the delay and Landlord shall be responsible for payment of the tax or assessment set forth in the notice, and Landlord shall not have the right to reimbursement of such amount from Tenant. If La dlord provides a notice of assessment to Tenant within such time period and requests reimbursement from Tenant as set forth below, then Tenant shall reimburse Landlord for the tax or assessments identified on the notice of assessment on TenanYs leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Tenant, Landlord shall, no later than thirty( 30) days after Landlord' s payment ofthe taxes or assessments for the assessed tax year, provide Tenant with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Tenant any other documentation reasonabiy requested by Tenant to allow Tenant to evaluate the payment and to reimburse Landlord.
c) For any ta c amount for which Tenant is responsible under this Agreement, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as permitted by law. This right shall include the ability to institute any legal, regulatory or informal action in the name ofLandlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant' s action shall belong to Tenant, to the extent the amounts were originally paid by Tenant. In the event Tenant notifies Landlord by the due date for assessment of TenanYs intent to contest the assessment, Landlord shall not pay the assessment pending conclusion of the conlest, unless required by applicable law. d) Landlord shall not split or cause the tax parce) on which the Premises are located to be split, bifurcated, separated or divided without the prior written consent of Tenant. e) Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 21( e) due to such Landlord default, Tenant shall have the right to deduct such ta c amounts paid from any monies due to Landlord from Tenant as provided in Section 15( b), provided that Tenant may exercise such right without having provided to Landlord notice and the opportunity to cure per Section 15( b).

Any tax-related notices shall be sent to Tenant in t6e manner set forth in Section 17. Promptly after the Effective Date, Landlord shall provide TenanYs notice address to the ta.acing authority for the authority' s use in the event the authority needs to communicate with Tenant. In the event that Tenant' s tax address changes by notice to Landlord, Landlord shali be required to provide Tenant' s new tax address to the taxing authority or authorities.
11 Verizon Site( New Lathrop) Option and Tower Lease Agreement 476
g) Notwithstanding anything to the contrary contained in this Section 21, Tenant shall have no obligation to reimburse any ta c or assessment for which the Landlord is reimbursed or rebated by a third party.

22. SALE OF PROPERTY.
a) Landlord shall not be prohibited from the selling, leasing or use of any of the Property or the Sunounding Property except as provided below.
b) If Landlord, at any time during the Terrn of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part ofthe Property or Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant' s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (] 0) days of such transfer, Landlord or its successor shall send the documents listed below in this subsection( b) to Tenant. Until Tenant receives all such documents, Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement. i. Old deed to Property
ii. New deed to Property
iii. Bill of Sale or Transfer
iv. Copy of current Taac Bill
v. New IRS Form W- 9& CA FTB Form 590
vi. Completed and Signed Tenant Payment Direction Form
vii. Full contact information for new Landlord including phone number( s) c) Landlord agrees not to sell, lease or use any areas ofthe Property or Surrounding Property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would interfere with Tenant' s Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion. Landlord or Landlord' s prospective purchaser shall reimburse Tenant for any costs and expenses of such testing. Ifthe radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shatl be prohibited from selling, leasing or using any areas ofthe Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wiretess communications facility or equipment. d) The provisions of this Section shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations.

23. RENTAL STREAM OFFER lf at any time after the Effective Date of this Agreement, Landlord receives a bona fide written offer from a third party seeking an assignment or transfer of Rent payments associated with this Agreement(" Rental Stream Offer"), Landlord shall immediately furnish Tenant with a copy of the Rental Stream Ofticer. Tenant shall have the right within thirty( 30) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer.

Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the thirty ( 30) day period, Landlord may assign the right to receive Rent payments pursuant to the Rental Stream Offer, subject to the terms of this Agreement. If Landlord attempts to assign or transfer Rent payments without complying with this Section, the assignment or transfer shall be void. Tenant shall not be responsibie for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement until Landlord complies with this Section.
12 Verizon Site( New Lathrop) Option and Tower Lease Agreement 477

24. MISCELLANE011S.
a) Amendment/ Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties. The failure by a party to enforce any provision ofthis Agreement or to require performance by t6e other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter.
b) Memorandum/ Short Form Lease. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum of Lease substantially ia the form attached as Exhibit 24( b). Either party may record this Memorandum of Lease at any time during the Option Term or the Term, as the case may be, in its absolute discretion. Thereafter during the Term of this Agreement, either party will, at any time upon fifteen ( 15) business days' prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease. c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability.
d) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations (" Laws") applicable to Tenant' s use of the Communication Facility on the Property.

Landlord agrees to comply with all Laws relating to Landlord' s ownership and use of the Properiy and any improvements on the Property.
e) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.

Entire Agreement. This Agreement and the exhibits attached hereto, a11 being a pari hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced. Except as otherwise stated in this Agreement, each party shall bear its own fees and expenses( including the fees and expenses ofits agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates. g) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: ( i) captions are for convenience and reference only and in no way define or limit the construction ofthe terms ar d conditions hereof; (ii) use ofthe term" including" will be interpreted to mean including but not limited to"; ( iii) whenever a party' s consent is required under this Agreement, except as otherwise stated in this Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed;( iv) exhibits are an integral part ofthis Agreement and are incorporated by reference into this Agreement; ( v) use of the terms " termination" or " expiration" are interchangeable; ( vi) reference to a default will take into consideration any applicable notice, grace and cure periods; ( vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; ( viii) the singular use of words includes the plural where appropriate and ( ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired.
i) Affiliates. All references to" TenanY' shall be deemed to include any Affiliate of Tenant using the Premises for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. " Affiliate" means with respect to a party to this Agreement, any person or entity that( directly or indirectly) controls, is controlled by, or under common control with, that party. " Control" of a person or 13 Verizon Site( New Lathrop) Option and Tower Lease Agreement 478
entity means the power( directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise. j) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration ofthis Agreement shall so survive. k) Standard Payment Direction Form/ W- 9/ FTB 590. As a condition precedent to payment, Landlord agrees to provide Tenant with a properly completed( i) Standard Payment Direction Form of Tenant; and( ii) IRS Form W- 9 and CA FTB Form 590, or their respective tax form equivalents, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant, including, any change in Landlord' s name or address.
1) Execution/ No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Agreement may be executed in two( 2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each ofthe parties. All parties need not sign the same counterpart.
m) Attorneys' Fees. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing pariy, including without limitation, reasonable attorneys' fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord, Tenant and their respective Affiliates to recover their fees and expenses.
n) WAIVER OF JURY TRIAL. EACH PARTY, TO THE EXTENT PERMITTED BY LAW,

KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY

IN ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR

IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES.
o) Incidental Fees. Unless specified in this Agreement, no unilateral fees or additional costs or expenses are to be applied by either party to the other party, including review of plans, structural analyses, consents, provision of documents or other communications between the parties. p) Further Acts. Upon request, Landlord will cause to be promptly and duly taken, executed, acknowledged and delivered all such further acts, documents, and assurances as Tenant may request from time to time in order to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all transactions and permitted use contemplated by this Agreement.

Signatures appear on following page)
14 Verizon Site( New Lathrop) Option and Tower Lease Agreement 479
IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date written below.

LANDLORD: TENANT:

City of Lathrop, Sacramento- Valley Limited Partnership, dba Verizon a California municipal corporation Wireless
Bv` By: AirTouch Cellular Inc., its
me: ephen J. Salvatore General P
Its: City Manager
Date: Z• tt- Z'; By:

Name:

Its:

Date: ,? /? 3
APPROVED AS TO FO M:

By:

Name: Salvador Navarrete
Its: City Attorney
Date: L` $' ZO Z 3
CwlejGu- ry coww.( r..,r t. T
I5
Verizon Site( New Lathrop) Option and Tower I, ease Agreement 480
EXAIBIT 1

DESCRIPTION OF PROPERTY& PREMISES
2 to the Option and Tower Lease Agreement dated as of bYl/ I 21 by and between the
City of Lathrop, a Califomia municipal corporation, as Landlord, and Sacramento- Valley Limited Partnership, dba Verizon Wireless, as Tenant.

The Proaertv is legallv described as follows:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

Being a portion ofParcel 1, as said parcel is shown on the map entitled" Tract 3876, River Islands, Phase 1 B, Large Lot Final Map", filed Mazch 31, 2016, in Book 42 of Maps and Plats, at Page 56, official records of San Joaquin County, more particularly described as follows:

BEGINNING at a point on the East line of J7 court, as said court is described in Document No. 2020- 076610, ofOfficial Records of San Joaquin County;
Thence along said East line, along a curve to the leR, having a radius of 56. 00 feet, from which point the radius point bears South 50° 36' S8" West, through a central angle of OS° 11' 29", an arc distance of 5. 07 feet; Thence, along a reverse curve, having a radius of 17. 00 feet, through a central angle of 44° 34' 31", an arc distance of 13. 23 feet;
Thence, North 24. 30 feet; thence, leaving said East line, East 90. 00 feet; thence, South 40.00 feet; thence, West 81. 72 feet to said point of beginning.

The Premises are described and/ or denicted as follows:
100% Construction Drawings( Sheets T- 1; C- 1; G2; A- 1; A- 2; A-3; A-4; A-5; A-6; A- 7; D- 1; D- 2; D-3; D- 4; D- 4. 1; E- l; E- 2; E- 3; G- 1; G- 2) Dated November, 2022, Prepared by Allstates Engineering& Surveying, and Consisting oftwenty( 20) Pages, Appear on Following Pages] Notes•

1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/ OR CONSTRUCTION DRAWINGS OF THE PRF.MiSES ONCE RECEIVED BY TENANT.

Z. ANY SETBACK OF THE PKEMISES FROM THE PROPERTY' S BOUNDARIES SHALL BE THF, D STANCE REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES.

3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORIT[ ES, 1NCLUDING POLICE AND FIRE DEPARTMENTS.

4. THE TYPE, NUMBER AND MOUNTINC POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSM[ SSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE. 16 Verizon Site( New Lathrop) Option and Tower Lease Agreement 481
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EXHIBIT 11

ENVIRONMENTAL DISCLOSURE
Landlord represents and warrants that the Property, as of the Effective Date of this Agreement, is free of hazardous substances except as follows:

1. NONE.
167288092vi Verizon Site( Cirrus Court) Option and Tower Lease Agreement 502
EXHIBIT 12

STANDARD ACCESS LETTER
FOLLOWS ON NEXT PAGE]
167288092v1 Verizon Site( Cirrus Couri) Option and Tower I.ease Agreement 503
Landlord Letterhead]
DATE
Building Staff/ Security Staff
Landlord, Lessee, Licensee
Street Address
City, State, Zip
Re: Verizon
Dear Building and Security Staff,
Please be advised that we have signed a lease with Sacramento- Val( ey Limited Partnership, dba Verizon Wireless(" Verizon") permitting Verizon to install, operate and maintain telecommunications equipment at the properiy. The terms of the lease grant Verizon and its representatives, employees, agents and subcontractors(" representatives") 24 hour per day, 7 day per week access to the leased area.

To avoid impact on telephone service during the day, Verizon representatives may be seeking access to the property outside of normal business hours.

Please grant the bearer of a copy ofthis letter access to the property and to leased area. Thank you for your assistance.

Landlord Signature
167288092v1 Verizon Site( Cirrus Court) Option and Tower Lease Agreement 504
EXHIBIT 24( b)

MEMORANDUM OF LEASE
FOLLOWS ON NEXT PAGE]
167288092v1 Verizon Site( Cirrus Courl) Option and Tower Lease Agreement 505
Doc iJ: 2023- 016055
03/ 01/ 2023 12: 04: 29 PM
Page: 1 of 6 Fee: $ 37. 00
Steve J. Bestolarides
Recording Requested By San Joaquin Cou ty Recorders
When Recorded Return To: Paid By: SHOWN ON DOCUMENT
CITY OF T OP IIII L, M' L'+ L' II III
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
APN: 210- 210- 010
Space Above This Line For Recorder' s Use Only)
City of Lathrop
County: San Joaquin

MEMORANDUM
OF
LEASE
This Memorandum of Lease is entered into on February 16, 2023, by and between the City of Lathrop, a California municipal corporation, having a mailing address of 390 Towne Centre Drive, Lathrop, CA 95330(" Landlord"), and Sacramento- Valley Limited Partnership, dba Verizon Wireless, a California limited partnership, having a mailing address of One Verizon Way, Mail Stop 4A100, Basking Ridge, New Jersey 0792U, Attention: Network Real Estate(" TenanY').

1. Landlord and Tenant entered into a certain unrecorded Option and Tower Lease Agreement dated as of February 16, 2023 (" Agreement"), for the purpose of installing, operating and maintaining a communication facility and other improvements. All of the foregoing is set forth in the Agreement.

2. The initial lease term will be ten ( 10) yeazs commencing based upon the effective date of written notification by Tenant to Landlord of Tenant' s exercise of its option, with fow( 4) successive automatic five( 5) year options to renew.

3. The portion of the land being leased to Tenant and associated easements are described in the Agreement, attached hereto as Exhibit 1.

4. The Agreement gives Tenant a right of first refusal in the event Landlord receives a bona fide written offer from a third party seeking an assignment or transfer of the Rent payments associated with the Agreement.

5. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successots, and assigns, subject to the provisions of the Agreement. 506
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as ofthe day and year first above written.

LANDLORD: TENANT:

City of Lathrop, Sacramento- Valley Limited Partnership, dba Verizon a California municipal corporation Wireless
g • By: AirTouch Cellular Inc.

Name: ephen J. Salvatore Its: General Pa er
Its: City Manager
Date: Z' te• Z3 BY:

Name: Hartong( Fred) Zhu
Its: Executive D recto
Date: 2 Z
By:

Name: Salvador Navarretc
Its: City Attorney
Date: Z! O - LD Z, 3
ACKNOWLEDGMENTS APPEAR ON FOLLOWING THREE( 3) PAGESJ
507

LANDLORD ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of CaliforniaS a.jv n
County of
On 1' C v u 020 beforeme, CT f a 5 ' `/ '/ l/
insert name and title of the officer)
personally appeared ' - Sal 7v
who proved to me on the basis of satisfactory evidence to be the person whose name is/ subscribed to the within instruinent and acknowledged to me that he/ sr(altl s3c executed the same in his/ 4fieir authorized capacity(, and that by his/ k SLt au' signature( on the instrument the person( or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature Seal)

TERESA VARGAS
Notary PubHc- Calltornia
San Jo quin County
Commission K 2277t 30
My Gomm. Explres Mar 9, 2023 +
r w r r
508

TENANT ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only tlie identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of Califomia
County of 0Y1}' 1r' C jS^} Q
On Z' E},>>^ iJQ rT . 202.3 before ne, C D 2 LQ' 1701 eQ f 0 N G Ar y Pu 1 l cJ insert naine and title of the officer)
personally appeared 1'" 1 a 1 G n I ' 1V
who proved to me on the basis of satisfactory evidence to be the person e'j whose name s subscribed to the
within instrument and ack wledged to ine that e/ t y
executed the same i is r/t tr authorized
capacity( j), and that b i r/tl ir signaturef on the insh•ument the person j, or the entity upon behalf of vhich the person acte , executed the instrument.

I certify under PENALTY OF PERNRY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

NfCOLE LONGYEA
Signah re
Seal) NoWry Public• C lHorma
Contn Costa County
Commissio s 227l104
My Comm. Expires Mar 22, 2023
509
CALIFORNtA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validiry of that document.

State of California
County of + 7c7G1
On U( L' J before me, W I Y.kil Ci1f1 r
v'` ,
Dote Here Insert Name and Tiile of t e O cer
personally appeared U` r ` @lliti' v
Name(s) of Signer(sJ__
who proved to me on the basis of satisfactory evidence to be the person( whose name( is re subscribed to the within instrument and acknowl g
ed to me tha she/ they executed the same in is her/their authorized capacity( i, and that by(hi her/ their signa ure( on the instrument the person ), or the entity upon behalf of whic( the person(`) ac ed, executed the insfrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
TA M`INA tAF 80LD
ara ra h is true and correct.
roon w+c• ts ttam+a P 9 P
san 4+ CouM7r
c: s a+ z. ouss WITNESS my hand and official sea.

My coTIR.. wn u. mu
Signature
Place Notary Seol and/or Stamp Above i nature of Notory PubliC

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended documeni.

Description of Attached Document
n
Title or Type of Document: M cI' m 1[)
Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity( ies) Clalmed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer— Title( s): Corporate Officer— Title( s):

Partner— Limited General Partner— Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian of Conservator Trustee Guardian of Conservator Other: Other:

Signer is Representing: Signer is Representing:
02017 National Notary Association
510
1 EXHIBIT 1

TO MEMORANDUM OF LEASE

DESCRIPTION OF PROPERTY
The Propertv is legally described a_s_ follows:

THE LAND REFERRED TO HEREIN BELOW IS SITLJATED IN THE C1TY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

Being a portion of Farccl l, as said parcel is shown on the map entitled" Tract 3876, River Islands, Phase 1B, Large Lot Final Map", filed March 31, 2016, in Book 42 of Maps and Plats, at Page 56, official records of San Joaquin County, more particularly described as fol(ows:

BEGINNING at a point on the East line of J7 court, as said court is described in Document No. 2020- 0? 6610, of Official Records of San Joaquin County;
Theuce along said East line, along a curve to the left, having a radius of 56. 00 feet, from which point the radius point bears South 50° 36' S8" West, through a central angle of OS° 11' 29", an arc distance of 5. 07 feet; Thence, along a reverse curve, having a radius of 17. 00 feet, through a central angle of 44° 34' 31", an arc distance of 13. 23 feet;
Thence, North 24. 30 feet; thence, leaving said East line, East 90. 00 feet; thence, South 40. 00 feet; thence, West 81. 72 feet to said point of beginning.
511
512
ITEM 4. 18

CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY THE PURCHASE OF CAMERA

SURVEILLANCE SYSTEMS FOR MAJOR CITY
PARKS CIP GG 22- 35
RECOMMENDATION: Adopt a Resolution Ratifying a Service Contract with ICU Technologies, Inc. for Major City
Parks CIP 22- 35
SUMMARY:

At the September 12, 2022 City Council Meeting, Council approved a budget to cover the cost of a camera surveillance system for the first phase of Capital Improvement Project ( CIP) GG 22- 35 Camera Surveillance Systems for Major City Parks. The approved budget of $ 246, 950 will cover the cost of the initial three parks as recommended by IXII Group, Inc. for a camera surveillance system for the first phase. The first phase includes three ( 3) parks listed below.

Apolinar Sangalang Park - 13470 Slate Street
Manuel Valverde Park - 15557 Fifth Street
Woodfield Park - 801 Lathrop Road
Staff requested proposals from ICU Technologies, Inc. ( ICU) for the hardware and services required at each park. ICU is an authorized seller of surveillance cameras that meets the hardware specification of the City' s standard camera surveillance system for all city parks. Furthermore, ICU is certified to perform the configuration and installation of these cameras. Due to supply chain demand and shipping delays, the City ordered surveillance cameras systems for the three ( 3) major parks in January 2023 with ICU totaling a sum of $ 146, 184. This amount includes configuration and installation services required to place the camera systems in operation.

In addition to a camera surveillance system, other components are required to build the infrastructure and network communication to implement the systems. The costs of the additional components totals $ 39, 375, as listed in Table 1 on the following page.
513
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

RATIFY THE PURCHASE OF CAMERA SURVEILLANCE SYSTEMS FOR
MA] OR CITY PARKS CIP GG 22- 35
Table 1:

Ray' s Radio Industrial Wireless Network Installation & 16, 444 Communications Sales, Inc. Confi urations
Vigilant Solutions, LLC Automatic License Plate Reader 7, 754 ALPR
GHA Technolo ies Uninterru ted Power Source UPS 4, 307
Solid Networks Inc. Network Hardware 10, 870
Total Cost of Camera Surveillance
S stem Infrastructure Phase 1 39, 375
Tonight, Staff is requesting City Council adopt a resolution to ratify the service contract with ICU Technologies, Inc. for a sum not to exceed $ 146, 184 and approve additional purchases with various vendors for infrastructure and network communication equipment totaling $39, 375 for a total sum of $ 185, 559.

BAC KG ROU N D:

On September 13, 2021, City Council approved the creation of Capital Improvement Project ( CIP) GG 22- 35 for Camera Surveillance Systems for Major City Parks. One year after on September 12, 2022, Council approved Resolution 22- 5150 authorizing a budget to cover the cost of a camera surveillance system for the first phase of CIP GG 22- 35 Camera Surveillance Systems for Major City Parks. The approved budget for the first phase was $ 224, 500 with a 10% contingency of$ 22, 450 for a final budget of $246, 950. The phase included initial three parks listed below.

Apolinar Sangalang Park - 13470 Slate Street
Manuel Valverde Park - 15557 Fifth Street
Woodfield Park - 801 Lathrop Road
At Council direction, Staff requested proposals from ICU Technologies, Inc. ( ICU) for installation required for each park. ICU is an authorize seller of surveillance cameras that meets the hardware specification of the City' s camera surveillance system standards for all city parks. Furthermore, ICU is certify to perform the configuration and installation of these cameras.

ICU presented an estimate of $ 146, 184 to provide and install a camera surveillance system at each of the city parks identified in the first phase of CIP GG 22- 35. In January 2023, the City ordered equipment from ICU. The vendor' s estimate was within the budget authorizes by Council for phase one.

ICU Technologies, Inc. currently holds an active contract with the U. S. General Services Administration ( GSA) - GSA Contract No. 47QSWA18D003K in Security & 514
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

RATIFY THE PURCHASE OF CAMERA SURVEILLANCE SYSTEMS FOR
MA] OR CITY PARKS CIP GG 22- 35
Protection and Information Technology Hardware & Software. This program, administered by the United States Government, provides government agencies with discounted pricing schedules, and establishes purchasing contracts with vendors through a competitive bidding process. The GSA' s competitive bidding process is in conformance with the Office of Procurement, Department of General Services of the State of California exemption as described in the Lathrop Municipal Code Section

2. 36. 110. Furthermore, ICU has provided and installed other camera surveillance systems at numerous City facilities.

The remaining budget is reserve for the purchase of a network infrastructure for each camera surveillance system at Apolinar Sangalang Park, Manuel Valverde Park, and Woodfield Park. In addition to a camera surveillance system, other components are required to build the infrastructure and network communication to implement the systems. The costs of the additional components totals $ 39, 375 and are within City Manager' s signing authority. They are described below to show the progress of the project.

Through a competitive bidding process, Staff selected the vendors listed in Table 1 to procure the additional components needed to implement the camera surveillance systems.

Wireless Network Installation & Configurations - $ 16, 444 The City has an active agreement with Ray' s Radio to provide maintenance, repair and on- call services for the City' s wireless communication towers. The vendor works exclusively with the City' s communication equipment to ensure consistency and integration with other equipment as well as limit exposure and access to sensitive information. This vendor has access to the network security to install, configure and maintain network equipment.

Automatic License Plate Reader ( ALPR) - $ 7, 754
The Automatic License Plate Reader ( ALPR) equipment required for this project is proprietary in nature. Therefore, for this unique project, the City is requesting to use specialized equipment that can only be obtained from Vigilant Solutions, LLC Vigilant) as they are the sole manufacturer of the L5F License Plate Reader ( LPR) Camera System and do not have other distributors of the equipment. The City of Lathrop currently uses Vigilant Solutions ALPR system exclusively to ensure consistency and integration with current systems and maintain the ability for the ALPR to communicate with the Lathrop Police Department software and throughout the City network. Due to equipment supply delays, Staff placed an order with Vigilant for this specialized equipment in February 2023 to ensure all the components arrive timely to complete the installation of each system at one time. The costs of the equipment and services procured with Vigilant was $ 7, 754.

Uninterrupted Power Source ( UPS) - $ 4, 307
Staff requested quotes from vendors for Uninterrupted Power Source ( UPS) from ten 515
CITY MANAGER' S REPORT PAGE 4
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

RATIFY THE PURCHASE OF CAMERA SURVEILLANCE SYSTEMS FOR
MAJOR CITY PARKS CIP GG 22- 35
10) and received three ( 3) quotes as shown in Table 2. This equipment is to ensure that in the event of a power outage that the system will remain unafFected.

Surveillance Systems are becoming an increasingly essential part in solving crimes.

It is crucial to procure more than one UPS to allow continuous surveillance during a power outage. GHA Technologies provided the lowest estimate with the earliest availability for four ( 4) UPS units.

Table 2:

GHA Technolo ies Inc. 4, 307
CDW- G 4, 452
Connection Public Sector 4 547
Network Hardware - $ 10, 870
Staff requested quotes for Network Data Switches from six ( 6) vendors and received five ( 5) quotes as shown in Table 3. Solid Networks presented the lowest quote of 10, 870. Solid Networks is contracted with the City to provide professional services for Co- Management of Servers, security network, virtual environment, and storage area network. The vendor has exclusive security access to the City' s network systems to perform professional services and ensure business security and service continuity.

Table 3:

Solid Networks Inc. 10 870
GHA Technolo ies 10, 910
Insi ht Public Sector 13, 593
Staples 13, 954
Connection Public Sector 15, 563
Allied Network Solutions No Bid
Tonight, Staff is requesting City Council adopt a resolution to ratify the service contract with ICU Technologies, Inc. for a sum of $ 146, 184 and approve additional purchases with various vendors for infrastructure and network communication equipment and services totaling $ 39, 375 for a total sum of $ 185, 559 as summarized in Table 4.

Table 4:
r r . •
ICU Technologies, Inc. Camera Surveillance Systems 146, 184 Ray' s Radio Industrial Wireless Network Installation & 16, 444 Communications Sales, Inc. Configurations
516
CITY MANAGER' S REPORT PAGE 5
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

RATIFY THE PURCHASE OF CAMERA SURVEILLANCE SYSTEMS FOR
MAJOR CITY PARKS CIP GG 22- 35
Vigilant Solutions, LLC Automatic License Plate Reader 7, 754 ALPR)
GHA Technolo ies Uninterrupted Power Source ( UPS) 4, 307 Solid Networks Inc. Network Hardware 10 870
Total Costs 185 559
StafF performed some of the services onsite as well as utilized available equipment and recovered a saving of $ 51, 107 or 21% of the approved budget for these three 3) parks.

REASON FOR RECOMMENDATION:

The Camera Surveillance System procured through ICU Technologies, LLC for CIP GG 22- 35 for Camera Surveillance System for Major City Parks represents an effort to utilize technology to deter crimes, expedite crime solving, and proactively monitor activities to enhance crime prevention and citizens' safety.

FISCAL IMPACT:

There are sufficient funds available in CIP GG 22- 35 to cover the cost and installation of a camera surveillance systems procured through ICU Technologies, Inc. and the additional purchases for the network infrastructure required to implement the camera surveillance systems.

ATTACHMENTS:

A. Resolution Ratifying the Agreement with ICU Technologies, Inc. to Provide and Install Camera Surveillance Systems and Approve the Purchases of Hardware and Services for the Network Infrastructure for Major City Parks Surveillance Systems at Apolinar Sangalang, Manuel Valverde & Woodfield Park, CIP GG 22- 35
B. Service Contract with ICU Technologies, Inc. to Provide and Install Camera Surveillance System at Apolinar Sangalang, Manuel Valverde & Woodfield Park 517
CITY MANAGER' S REPORT PAGE 6
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING

RATIFY THE PURCHASE OF CAMERA SURVEILLANCE SYSTEMS FOR
MA70R CITY PARKS CIP GG 22- 35
APPROVALS:
a
ernandes Date
In ormation Systems Director
r
d
Ca ' e Date
Finance Di ctor
f Z o z3
Michael King Date
Assistant City Manager
a....
4 Salvador Navarrete Date
City Attorney
23 Stephen J. Salvatore Date
City Manager
518
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING

A SERVICE CONTRACT WITH ICU TECHNOLOGIES, LLC TO PROVIDE AND

INSTALL CAMERA SURVEILLANCE SYSTEMS AND APPROVE THE PURCHASES

OF HARDWARE AND SERVICES FOR THE NETWORK INFRASTRUCTURE FOR

MAJOR CITY PARKS CAMERA SURVEILLANCE SYSTEMS AT APOLINAR SANGALANG, MANUEL VALVERDE, AND WOODFIELD PARK CIP GG 22- 35 WHEREAS, on September 12, 2022 City, Council approved a budget to covered the cost of a camera surveillance system for the first phase of Capital Improvement Project ( CIP) GG 22- 35 Camera Surveillance Systems for Major City Parks; and
WHEREAS, the approved budget of $246, 950 will cover the cost of the initial three parks as recommended by IXII Group, Inc. for a camera surveillance system for the first phase; and
WHEREAS, the first phase includes ( 3) three parks, Apolinar Sangalang Park, Manuel Valverde Park, Woodfield Park; and
WHEREAS, Staff requested proposals from ICU Technologies, Inc. ( ICU) for installation required for each park. ICU presented an estimate of $ 146, 184 to provide and install a camera surveillance system at each of the city parks identified; and WHEREAS, in addition to a camera surveillance system, other components are required to build the infrastructure and network communication to implement the systems. The costs of the additional components totals $ 39, 375; and WHEREAS, through a competitive bidding process, Staff selected vendors with the lowest quote and earliest availability for each component needed.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify the service contract with ICU Technologies, Inc for a sum not to exceed $ 145, 184 to provide and install camera surveillance systems and approve the purchases of hardware and services totaling $ 39, 375 for the Network Infrastructure for a total cost of $ 185, 559 for CIP GG 22- 35 Major City Parks Surveillance Systems at Apolinar Sangalang, Manuel Valverde & Woodfield Park. 519
The foregoing resolution was passed and adopted this 10t" day of April 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROV AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 520
DocuSign Envelope ID: A01ED843- 4D36- 4A98- B9F6- 6CEFBa56BADB SERVICE C NTRACT BET1fVEEN THE CITY F ATHROP AND
IGU TECHNOLOG ES, INC.

PR VIDE AND INSTALL CAMERA SURVEILLANCE SYSTEMS FOR

MAJOR CITY PARKS AT AP LINAR SANGALQNG, MANUEL
VALVERDE & W ODFIELD PARK CIP GG 22-35
TH1S SERVICE CONTRACT ( hereinafter" Contract"} is made on 27 day af January 2023, by and between the City of Lathrop, a municipal corporatian o# the State of Califomia ( hereinafter" City") and ICU Technologies, Inc. ( hereinafter Contractor"}, whose Taxpayer ldentification Number is 27- 31189 8.

For and in consideration ofi the following covenants, terms and conditions, City and Contractor ( the parties} agree:

SCOPE OF W4RK
Cantractor agrees to perform servicas of camera surveillance systems for major city parks, provide consulting services related to technology systems platform and equipment associated with gathering video data at various park locatians within the city, attached hereto as Exhibit" A", °B" and " C', incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to Gity' s satisfaction.

CONTRACT PRICE
The City agrees to pay and the Contractor agrees ta accept, in full payment for the work above agreed to be done based on time and materials basis nat to exceed 14fi, 184. 27 set forth in the below Exhibits:

Exhibit "A" $ 35, 968. 03 Est# 2022-217Q Woodfield Park— 801 Lathrop Road Exhibit " B" $ 58, 649. 39 Est # 2022- 2171 Apolinar Sangalang Park —i 3470 State St Exhibit" C" $ 51, 566. 85 Est# 2022- 2172 Manuel Vafverde Park— 15557 " 5th" Street

TIME FQR PERF RMANCE
The effective date of this contract is t day of January 2023 and shall terminate no iater than 30t'' of June 2023,
1NSPECTION BY CITY
The Cantractar shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work ta be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City.

Attachment " B"
521
DocuSign Emetope ID: A01 ED843- 4D36- 4A9& B9F6- 6CEFB0568ADB SERVlCE CONTRACT BETWEE1d THE CITY OF LATHR4P AND
ICU TECHN4LaGIES, INC.

PR4VIDE AND iNSTALL CAMERA SURVEILLANCE SYSTEMS FOR

MAJOR GITY PARKS AT APOLINAR SANGALANG, MANUEL
VALVERDE & WOUDFIELD PARK CIP GG 22- 35
Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be unct vered for examinatian at the Contractor's expense.

NOTICE
Any notice fram one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative af such party. Any such notice shall not be effective for any purpase whatsoever unless served in the foilowing manner.
a) If the notice is given to the City, by personal delivery thereof to the City' s Director of Information Systems, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City's Department of Information Systems, postage prepaid and certified; b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United S#ates mail, encfosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' s Bid postage prepaid and cert'rfied; or
c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depvsiting the same in the United States mail, enclosed in a sealed envelape, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it tv the party gi ing the notice, postage prepaid and certified.

ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection af persons ( including employees) and property. The safety provisions of appficable laws, building and construetion codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eiiminated in accordance with the safety provisians of the Construction Safety Orders issued by the Occupatianal Safety and Heal#h Standards Baard of the State af California.

CONTRACTOR' S WARRANTY
The City shall not, in any way ar manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and