Agenda packet — Lathrop City Council, August 14, 2023 (part 1 of 3)

August 14, 2023 – Regular Meeting Agenda – 7:00 p.m.

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August 14, 2023 – City Council Regular Meeting – 7:00 p.m.

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

1. Preliminary
Call to Order
Closed Session
Roll Call
Invocation
Pledge of Allegiance
Announcements by Mayor/ City Mgr.

Informational Items
Declaration of Conflict of Interest

2. Presentations

3. Citizen’ s Forum

4. Consent Calendar

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

6. Council Communications

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

Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 August 14, 2023 Lathrop City Council Regular Meeting Agenda Page 1

IMPORTANT NOTICE REGARDING THIS MEETING
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https:// www.zoomgov.com/ j/1606101039?pwd=RndQa3lLOVU3TTd WcGNKVG5LVjd0QT09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “ raise the hand” feature to inform the City Clerk ( meeting host) you wish to speak on the matter.

Please ensure your computer speaker and microphone are fully functional.

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

Meeting Webinar ID: 160 610 1039 / Passcode: 776727
If you are not able to attend the meeting in person or virtually - Public comment/ questions will be accepted by email to City Clerk Teresa Vargas at website_ cco@ci. lathrop. ca.us or by calling ( 209) 941- 7230 Questions or comments must be submitted by 4: 00 p.m., on the day of the meeting.

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

Council Meetings are live- streamed ( with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https:// www. ci.lathrop. ca. us/ citycouncil/ page/ live- stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker ( see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 August 14, 2023 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’ s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’ s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’ s Forum will be called upon to speak.

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

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

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

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

Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: ( 209) 941- 7230
3 August 14, 2023 Lathrop City Council Regular Meeting Agenda Page 3

CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MONDAY, AUGUST 14, 2023
7:00 P.M.

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

1. PRELIMINARY

1.1 CALL TO ORDER

1.2 ROLL CALL

1.3 INVOCATION

1.4 PLEDGE OF ALLEGIANCE

1.5 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER

1.6 INFORMATIONAL ITEM(S) – None

1.7 DECLARATION OF CONFLICT( S) OF INTEREST

2. PRESENTATIONS

2.1 PRESENTATION OF ARTWORK DONATION FROM JIM, SANDY AND

VANESSA GATTO TO THE CITY OF LATHROP FOR THE JOYCE GATTO ART

GALLEY AT CITY HALL

2.2 PROCLAMATION DECLARING AUGUST AS NATIONAL BREASTFEEDING

AWARENESS MONTH

2.3 INTRODUCTION OF NEW EMPLOYEES
Finance Department
Christopher Hathcox, Customer Services Representative
Police Department
Chantal Ezell, Police Officer
Vatche Tatarian, Police Officer
Ranjit Dosanjh, Community Services Supervisor
Tracie Shea, Lieutenant
4 August 14, 2023 Lathrop City Council Regular Meeting Agenda Page 4 Public Works Department
Dominic Maraspini, Maintenance Services Supervisor

2.4 POLICE DEPARTMENT PRESENTATION REGARDING PRIORITY ONE CALL

TYPES AND UPDATED RESPONSE TIMES

3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’ s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’ s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’ s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly ( no more than five ( 5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. ( See California Government Code Section 54954. 2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST BE

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

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

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

4.2 APPROVAL OF MINUTES
Approve Minutes for the Special Meeting of June 13, 2023 and Special Meeting of June 14, 2023

4.3 SECOND READING AND ADOPTION OF ORDINANCE 23-447 OF THE CITY

COUNCIL OF THE CITY OF LATHROP TO IMPLEMENT A COMMUNITY

CHOICE AGGREGATION PROGRAM TO PROVIDE ELECTRIC SERVICES IN

THE CITY OF LATHROP
Waive Full Reading and Adopt Ordinance 23-447 Implementing a Community Choice Aggregation Program to Provide Electric Services in the City Of Lathrop
5 August 14, 2023 Lathrop City Council Regular Meeting Agenda Page 5

4.4 COMPLETE ANNUAL PERFORMANCE REVIEW PROCESS FOR CITY

MANAGER AND CITY ATTORNEY
Adopt Resolution Approving Amendment No. 4 to the City Manager Employment Agreement, Amendment No. 3 to the City Attorney Employment Agreement

4.5 DECLARE CERTAIN VEHICLES AND EQUIPMENT SURPLUS PROPERTY

AND AUTHORIZE THEIR DISPOSAL
Adopt Resolution Declaring Certain Vehicles and Equipment Surplus Property and Authorizing Their Disposal

4.6 APPROVE PURCHASES OF A DUMP TRUCK & VARIOUS HEAVY

CONSTRUCTION EQUIPMENT
Adopt Resolution Approving the Purchases of a Dump Truck & Various Heavy Construction Equipment

4.7 APPROVE WRITE- OFF OF UNCOLLECTIBLE UTILITY AND
MISCELLANEOUS CUSTOMER ACCOUNTS FOR FISCAL YEAR 2022- 23 Adopt Resolution to Approve Write-Off of Uncollectible Utility and Miscellaneous Accounts for Fiscal Year (FY) 2022-23

4.8 APPROVE 2023 FACILITY FEE WAIVER REQUEST FOR THE LATHROP

LIONS CLUB
Adopt Resolution Approving a Facility Fee Waiver Request from the Lathrop Lions Club for the Use of a Valverde Park Shelter on October 21, 2023 to Host a Breast Cancer Walk

4.9 APPROVE ADDITIONAL INDUSTRIAL SOLID WASTE LICENSE FOR FISCAL YEAR 2023-24
Adopt Resolution to Approve Annual Industrial Solid Waste License for Tony & Sons Trucking for Fiscal Year 2023- 24

4.10 APPROVE AMENDMENT NO. 1 WITH MIG INC. TO UPDATE THE ADA

SELF- EVALUATION AND TRANSITION PLAN
Adopt Resolution Approving Amendment No. 1 with MIG Inc. to Update the ADA Self- Evaluation and Transition Plan

4.11 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 95 LOTS IN TRACT 4151 WITHIN THE MOSSDALE VILLAGE AREA Adopt Resolution Approving Final Map for Tract 4151 within the Mossdale Village Area, Totaling 95 Single Family Lots and Subdivision Improvement Agreement with D.R. Horton BAY, Inc.
6 August 14, 2023 Lathrop City Council Regular Meeting Agenda Page 6

4.12 APPROVE AMENDMENT NO. 1 WITH LDA PARTNERS, INC. FOR THE

LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING, CIP GG 21-13 CORP YARD IMPROVEMENTS
Adopt Resolution Approving Amendment No. 1 with LDA Partners, Inc., for the Lathrop Police Department Property and Evidence Building, CIP GG 21-13 Corp Yard Improvements

4.13 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH LDA
PARTNERS, INC. FOR THE LATHROP ANIMAL CENTER, CIP GG 23-11 Adopt Resolution Approving a Professional Services Agreement with LDA Partners, Inc., for Design and Construction Services for the Lathrop Animal Center, CIP GG 23-11

4.14 RATIFY AMENDMENT NO. 2 WITH CAROLLO ENGINEERS, INC. FOR AQUIFER STORAGE AND RECOVERY, CIP PW 22- 36
Adopt Resolution Ratifying Amendment No. 2 with Carollo Engineers, Inc., for Aquifer and Storage Recovery, CIP PW 22- 36

4.15 RATIFY CITY MANAGER APPROVAL OF AGREEMENTS WITH AXON ENTERPRISE, INC., FOR THE PURCHASE OF TEN ( 10) AXON IN-CAR VIDEO SOLUTIONS AND PURCHASE OF EIGHT ( 8) ADDITIONAL
OFFICER SAFETY PLAN 7 BUNDLES FOR THE POLICE DEPARTMENT Adopt Resolution to Ratify the City Manager’s Action to Approve Agreements with Axon Enterprise, Inc., for the Purchase of Ten ( 10) Axon Fleet In-Car Video Solution and its Supporting Information, Services and Training, and Purchase of Eight ( 8) Additional Officer Safety Plan 7 Bundles for the Police Department

4.16 ACCEPT FUNDING FROM LOCAL AGENCY TECHNICAL ASSISTANCE GRANT AWARD, CREATE CIP GG 24- 24 FOR BROADBAND

INFRASTRUCTURE, APPROVE RELATED BUDGET AMENDMENT, AND

RATIFY AN AGREEMENT WITH MAGELLAN BROADBAND FOR THE

DEVELOPMENT OF A MASTER PLAN FOR BROADBAND INFRASTRUCTURE Adopt Resolution to Accept Funding From Local Agency Technical Assistance Grant Award, Create CIP GG 24- 24 for Broadband Infrastructure, Approve Budget Related Amendment, and Ratify an Agreement with Magellan Broadband for the Development of a Master Plan for Broadband Infrastructure

4.17 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC. FOR THE LATHROP AND HARLAN ROAD INTERSECTION
IMPROVEMENTS, CIP PS 21- 06
Adopt Resolution Accepting Public Improvements Constructed by Dirt Dynasty, Inc. for the Lathrop Road and Harlan Road Intersection Improvements, CIP PS 21- 06, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
7 August 14, 2023 Lathrop City Council Regular Meeting Agenda Page 7

4.18 AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC., FOR CONSTRUCTION OF CLASS II BIKEWAYS TO ACE STATION, CIP PS 22- 18 AND APPROVE BUDGET AMENDMENT
Adopt Resolution to Award a Construction Contract to George Reed, Inc., for Construction of Class II Bikeway to Ace Station, CIP PS 22- 18 and Approve Budget Amendment

4.19 AWARD SERVICE CONTRACT TO ALL STEEL FENCE, INC. FOR GATE

PREVENTATIVE MAINTENANCE AND EMERGENCY ON-CALL GATE &

FENCE REPAIR SERVICES WITH AND APPROVE BUDGET AMENDMENT Adopt Resolution Awarding a Service Contract to All Steel Fence, Inc. for Fence and Gate Preventative Maintenance and Emergency On-Call Gate & Fence Repair Services and Approving Budget Amendment

4.20 CREATE CIP GG 24- 25 CITY FACILITIES FENCING IMPROVEMENTS, AWARD A CONSTRUCTION CONTRACT TO ALL STEEL FENCE, INC., AND

APPROVE BUDGET AMENDMENT
Adopt Resolution to Create CIP GG 24- 25 City Facilities Fencing Improvements, Award Construction Contract to All Steel Fence, Inc., and Approve Budget Amendment

RIVER ISLANDS DEVELOPMENT CONSENT ITEM(S)

4.21 APPROVE THE REVISED RIVER ISLANDS PHASE TWO PARKS AND OPEN

SPACE MASTER PLAN
Adopt Resolution Approving the Revised River Islands Phase Two Parks and Open Space Master Plan
CEQA STATUS: The Proposed Project Falls within the Scope of the Previously Certified Subsequent Environmental Impact Report ( SEIR) SCH No. 1993112027) for the River Islands at Lathrop Phase Two Project; Therefore, No Further Environmental Review Is Required In Accordance With The California Environmental Quality Act

5. SCHEDULED ITEMS

5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER THE USE OF AN

AUTOMATED ENFORCEMENT SYSTEM IN THE CITY OF LATHROP
PURSUANT TO SECTION 21455 OF THE CALIFORNIA VEHICLE CODE City Council to Consider the Following:

1. Hold a Public Hearing; and

2. Public Hearing ( Published Notice) to Consider the Use of an Automated Enforcement System in the City of Lathrop
Pursuant to Section 21455 of the California Vehicle Code 8 August 14, 2023 Lathrop City Council Regular Meeting Agenda Page 8

5.2 ESTABLISH DROUGHT TOLERANT LANDSCAPING GRANT GUIDELINES Council to Consider Adopting a Resolution to Establish Drought Tolerant Landscaping Grant Program Guidelines for Residential Properties in the City of Lathrop

6. COUNCIL COMMUNICATIONS

6.1 MAYOR DHALIWAL REFERRAL: Set Application Deadline for Appointment of One ( 1) Representative to the San Joaquin County Commission on Aging with Term Ending June 30, 2026, due to Unexpired Term Vacancy

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

6.3 MAYOR & COUNCILMEMBER COMMENT( S)

7. ADJOURNMENT
Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
9 10
ITEM 4. 2

CITY OF LATHROP

CITY COUNCIL SPECIAL MEETING
TUESDAY, 7UNE 13, 2023
5: 30 P. M.

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

MINUTES
PLEASE NOTE: The Citv Council met on lune 13, 2023 at 5:33 v.m., to discuss the Fiscal Years 2023- 2024 and 2024- 2025 Budaets, until their review and discussions concluded.

1. PRELIMINARY

1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 5: 33 p. m.

1. 2 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Akinjo; and Councilmembers: Diallo, Lazard and TorresO' Callaghan.

Absent: None

1. 3 PLEDGE OF ALLEGIANCE - Councilmember Torres- O' Callaghan provided led the pledge of allegiance.

2. SCHEDULED ITEMS

2. 1 FISCAL YEARS 2023- 24 AND 2024- 25 BIENNIAL BUDGET REVIEW AND

APPROVAL
City Manager Stephen Salvatore provided an introduction to the item.

2. 1. 1 The City Council received presentations from each department and approved the following sections of the budget:

A. Overview
Finance Director Cari James provided a general overview of the proposed budgets for Fiscal Years 2023- 24 and 2024- 25. A question and answer period ensued throughout the presentations.

B. General Government

1. City Council

2. City Manager

3. Government Services / City Clerk
June 13, 2023 Lathrop City Council Special Meeting Minutes Page 1 11 City Manager Stephen Salvatore and Government Services Director City Clerk Teresa Vargas provided an overview of the City Council, City Manager, and Government Services / City Clerk sections of the budget. Information presented included:

Staffing / Organizational Chart
Department( s) and assigned Divisions Overview and Main Functions
City Council Actions / Department Accomplishments and
Highlights for Fiscal Years 2021- 22 and 2022- 23
Objectives for Fiscal Years 2023- 24 and 2024- 25
Significant Budget Changes
A question and answer period ensured throughout the presentations.

No amendments were noted to the City Council, City Manager, and Government Services / City Clerk sections of the budget.

4. Economic Development
Economic Development Administrator Shelley Burcham provided an overview of the Economic Development Division section of the budget. Information presented included:

Staffing / Organizational Chart
Division Overview and Main Functions
Division Accomplishments and Highlights for Fiscal Years 2021- 22 and 2022- 23
Objectives for Fiscal Years 2023- 24 and 2024- 25
A question and answer period ensured throughout the presentation.

No amendments were noted to the Economic Development Division section of the budget.

5. City Attorney
City Attorney Salvador Navarrete provided an overview of the City Attorney section of the budget. Information presented included:

Department Overview and Main Functions
Department Accomplishments and Highlights for Fiscal Years 2021- 22 and 2022- 23
Objectives for Fiscal Years 2023- 24 and 2024- 25
Significant Budget Changes
A question and answer period ensured throughout the presentation.

No amendments were noted to the City Attorney section of the budget.

Mayor Dhaliwal recessed the meeting at 7: 08 p. m. Mayor Dhaliwal reconvened the meeting at 7: 41 p. m.
une 13, 2023 Lathrop City Council Special Meeting Minutes Page 2 12 6. Human Resources
Human Resources Director Juliana Burns provided an overview of the Human Resources section of the budget. Information presented included:

Department( s) and assigned Divisions Overview and Main Functions
Staffing / Organizational Chart
Department Accomplishments and Highlights for Fiscal Years 2021- 22 and 2022- 23
Objectives for Fiscal Years 2023- 24 and 2024- 25
Significant Budget Changes
A question and answer period ensured throughout the presentation.

No amendments were noted to the Human Resources section of the budget.

7. Finance
Deputy Finance Director Thomas Hedegard provided an overview of the Finance Department section of the budget. Information presented included:

Staffing / Organizational Chart
Department( s) and assigned Divisions Overview and Main Functions
Department Accomplishments and Highlights for Fiscal Years 2021- 22 and 2022- 23
Objectives for Fiscal Years 2023- 24 and 2024- 25
Significant Budget Changes
A question and answer period ensured throughout the presentation.

No amendments were noted to the Finance Department section of the budget.

8. Information Systems
Information Systems Director Tony Fernandes provided an overview of the Information Systems section of the budget. Information presented included:

Staffing / Organizational Chart
Department Overview and Main Functions
Department Accomplishments and Highlights for Fiscal Years 2021- 22 and 2022- 23
Objectives for Fiscal Years 2023- 24 and 2024- 25
Significant Budget Changes
June 13, 2023 Lathrop City Council Special Meeting Minutes Page 3 13 A question and answer period ensured throughout the presentations.

No amendments were noted to the Information Systems section of the budget.

On a motion by Mayor Dhaliwal, second simultaneously by Councilmembers Lazard and Diallo, the City Council approved the General Government section of the budget, which included the City Council, City Manager, Government Services / City Clerk, Economic Development, City Attorney, Human Resources, Finance and Information Systems Departments and related Divisions.

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

Absent: None
Abstain: None

3. ADJOURNMENT — There being no further business, Mayor Dhaliwal adjourned the meeting at 8: 46 p. m. to June 14, 2023, at 5: 30 p. m., for the purpose of continuing with Scheduled Item 2. 1, commencing with Section C.

T resa Vargas, MMC
overnment Services irector
City Clerk
This meeting was called by a majority ofthe City Council per Government Code Section 54956. 5.

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

June 13, 2023 Lathrop City Council Special Meeting Minutes Page 4 14 CITY OF LATHROP

CITY COUNCIL SPECIAL MEETING
WEDNESDAY, 7UNE 14, 2023
5: 30 P. M.

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

MINUTES
PLEASE NOTE: The Citv Counci/ met on lune 14, 2023, at 5:36 v. m., to continue discussions on Fisca/ Years 2023- 2024 and 2024- 2025 Budaets, until their review and discussions concluded.
i. PRELIMINARY

1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 5: 36 p. m.

1. 2 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Akinjo; and Councilmembers: Diallo, Lazard and TorresO' Callaghan.

Absent: None

1. 3 PLEDGE OF ALLEGIANCE - Councilmember Diallo led the pledge of allegiance.

2. SCHEDULED ITEMS

2. 1 FISCAL YEARS 2023- 24 AND 2024- 25 BIENNIAL BUDGET REVIEW AND

APPROVAL

2. 1. 1 The City Council received presentations from the remaining departments and approved the following sections of the budget:

C. Building Safety and Inspections
Assistant City Manager Michael King provided an overview of the Building Safety and Inspections section of the budget. Information presented included:

Staffing / Organizational Chart
Department( s) and assigned Divisions Overview and Main Functions
Department Accomplishments and Highlights for Fiscal Years 2021- 22 and 2022- 23
Objectives for Fiscal Years 2023- 24 and 2024- 25
Significant Budget Changes
June 14, 2023 Lathrop City Council Special Meeting Minutes Page 1 15 A question and answer period ensured throughout the presentations.

No amendments were noted to the Building Safety and Inspections section of the budget.

D. Public Works
Assistant City Manager Michael King provided an overview of the Public Works section of the budget. Information presented included:

No amendments were noted to the Public Works section of the budget.

On a motion by Mayor Dhaliwal, second by Councilmembers Diallo, the City Council approved the Building Safety, Inspections, and Public Works sections of the budget.

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

Absent: None
Abstain: None
E. Community Development
Community Development Director Rick Caguiat provided an overview of the Community Development section of the budget. Information presented included:

No amendments were noted to the Community Development section of the budget.
une 14, 2023 Lathrop City Council Special Meeting Minutes Page 2 16 On a motion by Mayor Dhaliwal, second by Councilmembers Lazard, the City Council approved the Community Development section of the budget.

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

Absent: None
Abstain: None
Mayor Dhaliwal recessed the meeting at 6: 51 p. m. Mayor Dhaliwal reconvened the meeting at 7: 23 p. m.

F. Public Safety
Police Chief Ray Bechler and Finance Director Cari James provided an overview of the Public Safety section of the budget. Information presented included:

Staffing / Organizational Chart
Department( s) and assigned Divisions Overview and Main Functions
Department Accomplishments and Highlights for Fiscal Years 2021- 22 and 2022- 23
Department Statistics from June 29, 2022 to May 31, 2023 Objectives for Fiscal Years 2023- 24 and 2024- 25
Significant Budget Changes
A question and answer period ensured throughout the presentations.

The City Council held a discussion on the police department response times, public safety plans and partnerships with LMFD and MUSD.

Christina Laughlin ( zoom speaker) commented on the matter.

During the presentation Police Chief Ray Bechler noted that the following four ( 4) positions would be removed from the staffing requests for both Fiscal Years: two ( 2) sworn Police Officer positions, one ( 1) Forensic Analyst I/ II, and one ( 1) Property and Evidence Technician. The City Council accepted the proposed changes, and amendments were noted to the Public Safety section of the budget.

On a motion by Mayor Dhaliwal, second by Councilmembers TorresO' Callaghan, the City Council approved the Public Safety section of the budget as amended.

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

Absent: None
Abstain: None
une 14, 2023 Lathrop City Council Special Meeting Minutes Page 3 17 On a motion by Mayor Dhaliwal, second by Councilmembers Lazard, the City Council approved the Community Development section of the budget.

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

Absent: None
Abstain: None
G. Parks, Recreation and Maintenance Services
Parks, Recreation and Maintenance Services Director Todd Sebastian provided an overview of the Parks, Recreation and Maintenance Services section of the budget. Information presented included:

No amendments were noted to the Parks, Recreation and
Maintenance Services section of the budget.

On a motion by Mayor Dhaliwal, second by Councilmembers Diallo, the City Council approved the Parks, Recreation and Maintenance Services sections of the budget.

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

Absent: None
Abstain: None
H. Measure C
Finance Director Cari James and City Manager Stephen Salvatore provided an overview of the Measure C section of the budget.

Information presented included:

Description of the Measure C Budget
Fund Overview and Main Functions
Fund Accomplishments and Highlights for Fiscal Years 2021- 22 and 2022- 23
Objectives for Fiscal Years 2023- 24 and 2024- 25
Significant Budget Changes
June 14, 2023 Lathrop City Council Special Meeting Minutes Page 4 18 A question and answer period ensured throughout the presentations.

No amendments were noted to the Measure C section of the budget.

On a motion by Mayor Dhaliwal, second by Councilmembers Lazard, the City Council approved the Measure C section of the budget.

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

Absent: None
Abstain: None
I. Developer Projects
City Engineer Brad Taylor provided an overview of the Developer Projects section of the budget. Information presented included:

Developer Projects Overview and Main Functions of Land
Development
Residential, Industrial, and Commercial Project Highlights and Accomplishments for Fiscal Years 2021- 22 and 2022- 23 A question and answer period ensured throughout the presentations.

No amendments were noted to the Developer Projects section of the budget.

On a motion by Mayor Dhaliwal, second by Councilmembers Lazard, the City Council approved the Developer Projects section of the budget.

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

Absent: None
Abstain: None

2. 1. 2 Council to Consider the Following:

On a motion by Mayor Dhaliwal, second by Councilmembers Lazard, the City Council adopted Resolution 23- 5322 approving the biennial budget for fiscal years 2023- 2024 and 2024- 2025, the authorized positions by department as amended ( in the Public Safety section of the budget), and the final gann limit for fiscal year beginning July 1, 2023, and ending ] une 30, 2024.

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

Absent: None
Abstain: None
une 14, 2023 Lathrop City Council Special Meeting Minutes Page 5 19 3. ADJOURNMENT - There being no further business, Mayor Dhaliwal adjourned the meeting at 9: 16 p. m.

CI
T resa Vargas, MMC
vernment Services Di ctor
City Clerk
This meeting was called by a majority ofthe City Council per Government Code Section 54956.5.

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

June 14, 2023 Lathrop City Council Special Meeting Minutes Page 6 20 ITEM 4. 3

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
23- 447 OF THE CITY COUNCIL OF THE CITY OF

LATHROP TO IMPLEMENT A COMMUNITY CHOICE

AGGREGATION PROGRAM TO PROVIDE ELECTRIC

SERVICES IN THE CITY OF LATHROP
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 23- 447 Implementing a Community Choice Aggregation
Program to Provide Electric Services in the City Of
Lathrop
RECOMMENDED ACTION:

The City Council to conduct a second reading and adopt Ordinance 23- 447 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO IMPLEMENT A

COMMUNITY CHOICE AGGREGATION PROGRAM TO PROVIDE ELECTRIC SERVICES IN

THE CITY OF LATHROP
SUMMARY:

On July 10, 2023, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:

AYES: Akinjo, Diallo, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: None
ABSENT: Lazard
The Ordinance will take effect 30 days after adoption.

SUBMITTED BY:

T resa Vargas, City rk Date
21 ORDINANCE NO. 23- 447

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO

IMPLEMENT A COMMUNITY CHOICE AGGREGATION PROGRAM TO PROVIDE

ELECTRIC SERVICES IN THE CITY OF LATHROP
WHEREAS, The City of Lathrop has an interest in achieving greater local involvement over the provision of electricity supply services, competitive electric rates, local control and investment, and environmental sustainability; and WHEREAS, Assembly Bill 117 codified as Public Utilities Code Section 366. 2 the Act"), authorizes any California city or county whose governing body so elects, to combine the electricity load of its residents and businesses in a community- wide electricity aggregation program known as Community Choice Aggregation ( CCA); and WHEREAS, The Act allows a CCA program to be carried out under a joint powers agreement entered into by entities that each have capacity to implement a CCA program individually. The joint powers agreement structure reduces the risks of implementing a CCA program by immunizing the financial assets of participants; and WHEREAS, implementing a CCA program will likely provide multiple benefits to the residents, including lower electrical rates, local control and investment, and environmental sustainability; and
WHEREAS, concurrent with the introduction of this ordinance, the City Council considered a resolution approving the East Bay Community Energy Authority Joint Powers Agreement; and
WHEREAS, proper notice of this public hearing was given to all respects as required by law; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:

Section 1 Findings.

Based upon the findings set forth hereinabove, the City Council elects to participate in, and approves the implementation of a Community Choice Aggregation program within the City of Lathrop' s jurisdiction by and through the East Bay Community Energy Authority.

This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

Ordinance No. 23- 447
22 Section 2 Environmental.

The passage of this ordinance is not a project under the California Environmental Quality Act ( CEQA) because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Sections 15378, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060.

Section 3. Severalbilitv
If any provisions of this Ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not efFect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the validity of any particular portions thereof.

Section 4. Effective Date
This Ordinance shall take legal effect and be in force thirty ( 30) days from and after the date of its passage.

Section 5. Pubilication
Within fifteen ( 15) days after its final passage, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.

THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the lOth day of July 2023, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the th day of 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 23- 447
23 24
DocuSign Envelope ID: 8078BBE9- 1 F69- 4004- A5FA- 671 F6E37CA9B IT E M 4. 4

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: COMPLETE ANNUAL PERFORMANCE REVIEW

PROCESS FOR CITY MANAGER AND CITY ATTORNEY
RECOMMENDATION: Adopt Resolution Approving Amendment No. 4 to the City Manager Employment Agreement,
Amendment No. 3 to the City Attorney Employment
Agreement
BACKGROUND:

The City Council reviews the performance of the two Council appointed officials, City Manager and City Attorney, each year in July pursuant to their written procedure. The annual evaluation process provides the City Council an opportunity to measure performance and determine salary and contract terms. At the July 10, 2023, regular City Council meeting, the parties met in closed session for their performance discussion as required.

Amendments to the Employment Agreements for City Manager and City Attorney have been prepared in accordance with the direction of the City Council consensus pursuant to the closed session meeting held on July 10, and approved a modification to the severance provisions of the employment agreements for both City Manager and City Attorney. The amendments are attached herein ( Attachment B and D). Special Counsel Michael Youril reviewed the resolution and employment contract amendments, which are recommended for City Council review and approval.

FISCAL IMPACT:

The Finance Department is hereby authorized to make appropriate adjustments to the Compensated Absences Liability Account and increase the vacation/ sick leave expenditures of each department for FY 23- 24, to ensure appropriate coverage, should the amended provisions of the employment agreements be enacted.

ATTACH M E NTS:

A. Resolution Approving Amendment No. 4 to the City Manager Employment Agreement, and Amendment No. 3 to the City Attorney Employment Agreement
B. Amendment No. 4 to the Employment Agreement for City Manager Stephen J. Salvatore
C. Employment Agreement, Amendment Nos. 1, 2, and 3 for City Manager D. Amendment No. 3 to the Employment Agreement for City Attorney Salvador N ava rrete
E. Employment Agreement, Amendment Nos. 1, and 2 for City Attorney 25 DocuSign Envelope ID: 80786BE9- 1 F69- 4004- A5FA- 671 F6E37CA96 CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

ANNUAL PERFORMANCE REVIEW PROCESS FOR CITY MANAGER & CITY

ATTORN EY
APPROVALS:

DoeuSipnad by:
l,qy'uL S(,b 8/ 10/ 2023
Marcie Scott Date
Human Resources Consultant
26 A' TACHMENT
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT

NUMBER FOUR TO THE CITY MANAGER EMPLOYMENT AGREEMENT AND AMENDMENT

NUMBER THREE TO THE CITY ATTORNEY AGREEMENT
WHEREAS, The City Counci) reviews the performance of the two Council appointed officials, the City Manager and the City Attorney, each year in July pursuant to their written procedures; and
WHEREAS, at the July 10, 2023 regular City Council meeting, the parties met in closed session for their performance discussion as required; and WHEREAS, the City Council completed the annual performance evaluations for the City Manager and the City Attorney on July 10, 2023, and approved a modification to the severance provisions of the employment agreements for both the City Manager and the City Aitorney; and WHEREAS, Amendments to the Employment Contracts for the City Manager and the City Attorney have been prepared in accordance with the direction by a majority of the City Council and are recommended for adoption by the City Council; and WHEREAS, this Resolufion approves the modifications to the City Manager and the City Attorney employment agreements; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves Amendment Number Four (4) to the City Manager Employment Agreement, and Amendment Number Three ( 3) to the City Attorney Employment Agreement. 1//
l//
27 The foregoing resolution was passed and adopted this 14th day of August, 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 Special Couns
28 ATT,A,C IMENT +.

Amendment Number Four to Employment Agreement Between the City of Lathrop and Stephen J. Salvatore
August 14, 2023
The original Employment Agreement between the City of Lathrop and Stephen 1. Salvatore, attached and incorporated herein as Exhibit" A," was entered into between the parties for services of City Manager on or about September 17, 2012.

On or about August 17, 2015, the City Council approved Amendment Number One to the Employment Agreement, which is attached and incorporated herein as Exhibit " B." On or about November 19, 2018, the City Council approved Amendment Number Two, which is attached and incorporated herein as Exhibit " C."
On or about August 8, 2022, the City Council approved Amendment Number Three, which is attached and incorporated herein as Exhibit" D."
The City Council hereby approves an amendment to the first paragraph of Section 8 of the Employment Agreement to read as follows:

If this Contract is terminated pursuant to Section 6, Paragraph B, D, E, F, G, or City breach of Contract, Employer shall pay severance to Employee in the amount of twelve ( 12) months of salary. Instead of twelve months of severance pay in accordance with this Section, Employee may elect to treat the non- renewal of the Contract( as described in Section 2) as a termination that entitles him to nine (9) months of severance pay in addition to regular pay during the 90 day notice period of non- renewal referenced in Section 2A. This provision shall be limited by the requirements of Government Code sections 53260 and 53621.

Unless specifically stated above, no other changes to the original agreement ( or Amendments) are intended by this Amendment.

EMPLOYEE CITY OF LATHROP
By By:

Stephen J. Salvatore Sonny Dhaliwat, Mayor
Date: Date:

APP AS TO FORM:
eci Counsel
29 ATTEST:

Teresa Vargas, City Clerk/ Government Services Manager
Attachments:

Exhibit" A"— Employment Agreement for Stephen J. Salvatore effective September 17, 2012 Exhibit" B"— Amendment Number One to Employment Agreement dated August 17, 2015 Exhibit" C"— Amendment Number Two to Employment Agreement dated November 19, 2018 Exhibit" D"— Amendment Number Three to Employment Agreement dated August 8, 2022 30 ATTACHMENT

EMPLOYMENT A( REEMENT
THIS EMPLOYMENT AGREEMENT (" Conhact") is made and entered into this 17 day of September, 2012, by and between the City of Lathrop, California, a generai law city organized under the laws of the State of Califomia, he,reinafter called " Employer," and Stephen J.

Salvatore, an individual, hereinafter called " Employee," and is effective as of Septembcr 17, 2012(" Effective Date").

The parties agree as follows:

SECI`ION 1. DUTTES.

Employer hereby employs Employee as City Manager to perform the functions and duties specified•in the laws ofthe State of California, the Municipal Codc ofthe City of Lathrop, and the Ordinauces and Resolutions of the City of Lathrop, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign.

SECTION 2. TER11,
A. TlLe term of this Contract shall initially be for three ( 3) years, commencing as of the Effective Date, and shall be automatically renewed and extended for additional three( 3) year periods at the end of each three year period, unless either party shall provide written notice of non-renewal at least ninety ( 90) days prior to the end of the period in which notice is given.

B. Nothing in tlris Contract shall prevent, limit, or otherwise interfere with the right of Employee to resign as City Manager or as an employee of the City at any time for any reason.

C. Employee shall remain in the exclusive employ of Employer, and shall neither accept other exnployment nor become amployed by eny other employer except upon writtsn appmval ofEmployer.

D. The term " employed" shall not be construed to include occasional teaching, writing, speaking, or consulting performed.during Employee' s time off.

E. Employee' s initial date of hire was January 1, 2008, but this Agreement is effective as the Effective Date specified above.

SECTION 3. SALARY.

Employer agrees to pay Employee, commencing with the Effective Date for his duties, the base nual salary of one hundred and seventy one thousand one hundred thirty one dollazs

Page 1 of 6 ends

31 S 171, 131) payable in installments at the saine time and in the same manner as other Employees of the Employer are paid.

On the one( 1) year anniversary ofthe Effective Date, the City Council shall conduct an amival performance evaluation. This evaluation shall be completed as ajoint effort between Employee and Employar. If desired, an outside facilitator, to be mutually agreed upon by Employer and Employee, and at Employer' s sole cost, may bc utilized. On the subsequent anniversaries, Employer may grant merit increases to the base annual salary and provide other b efits to F.nnpIoyee under this contract at theiz discretion.

SECTION 4. HOURS OF WORK.

It is recognized that Employee must devote a great deal of time outside normal office hours to business ofEmployer. To that end, Employee will be granted management leave at a rate offour 4) weeks of management leave per calendar year. Management leave is fully credited on January 1" of each year.

SECTION 5. AUTOMOBILE ALLOWANCE.

EmpIoyer shall receive an a automobile ailowance of 5450. 00 per month for the general business use of his personal vehicle; however Employer shall also reimburse Employee at the IRS staadard mileage rate for any business use of his personal vehicle for any single business trip totaling more than 100 miles.

SECTION 6. TERMINATION.

This Contract shall terminate upon the occurtence ofany ofthe following events:

A. The death ofEmployee.

B. The dissolution or bankruptcy ofEmployer.

C. The disability ofEmployeq as defined het ein.

D. The majority of the City Council of Employer votes to terminate the Bmployee at a duly audlorized meeting. Except for non-renawal of contract pursuant to 2A, the Employer however shall not tenninate Employee within a" cooling o' period of ninely( 90) days either before or after an election for which a City Council Member is elected.

E. ffthe Employer, citizens or legislature act or acts to amend any provision of applicable law that substantiaily changes the role, powers, duties, authority, or responsibilities ofthe Employee, the Employee sball have the right to declare that such amendmems constitute termiaadon.

Page 2 of 6 ends

32 F. If the Employer reduces the base salary, compensation or any other financial benefit of the Employee, unless any such reduotion is pursusut to a City wide furlougb. program, such action shall constitute a breach of this Contract and will be regarded as termination.

G. ff the Employee resigns following an offer to accept resignation, by majority of the City Council ofEmployer, then the Employee may declare a termination as of the date of the requested resignation.

H. Breach of contract declared by eitherr pariy with a thirty (30) day cure period for either Employee or Employer to be provided. Written notice of a breach of cantra ct shall be provided.

I. Conviction of Employee of any public offense that is a felony, and/ or involves moral turpitude, and / or the punishment far which includes a prohibition of holding public employment.

SEGTION 7. CONFIDEN'' IALITY.

Unless the F.mployee expressly requests otherwise in writing, the evaluation of the Employee during his service as City Manager shall at all times be conduated in closed session of the City Council and shall be considered confidential to the full extent permitted by law. Nothing herein shall prohibit the Employer or the Employee from sharing the content of Employee' s evaluation with their respective legal counseL
SECTION 8. SEVERANCE P AY.

If this Contract is terminated pursuant to Section 6, Paragraph B, D, E, F, ( or City bmach of Contract, Employer shall pay severanae to Employee in the amount of six ( months' salary.

Instead of six of severance pay in accordance with this Section, Employee may elect to treat the non-renewal of the Contract ( as descn'bed in herein and in Section 2) as a termination that entitles him to three ( 3) months' severance pay in addition to regular pay during the 90 day notice period of non-renewal referenced in Section ZA.

If this contract is terminated for any rcason spccified herein, Employ e shall be paid for all accrued and unuse3 sick leave, vacation time, paid holidays; and the value of all benefits including employer's co ibutivn to PERS, Health Insurance allowance, and car allowance.

Severance will be paid in one payment within 30 days of termination.

SECTION 9. TOTICE TO RESIGN
Employee may terminate this Contract by providing written not[ ce to the City at least thirty( 30) days prior to the effective date of resignatioa The Employer shall have no further obligation to pmvide payments and benefits to Employee for his service as City Manager af er the effective date of the resignation except for all accrued and unvsed management leave, sick leave and vacation time. The City requests that Einployee provide six ( to twelve ( 12) months advance notice in the event that he detez mines to retire from service.

Page 3 of 6 ends

33 SECTTON 10. INDEMNIFICA ON.

Employer shall defend, save harmless and indesnnify Employee in accordance with Division 3. 6 ofthe Califomia Government Code, commencing with section 810.

SECTION 11. BONDING.

Employer stsall bear ti e full cost of any fidelity or other bonds required of the Employee under any law or ordinance.
3ECI' YON 12. DI3ABII,ITY. ADJUSTMENTS. HEAI.TH AND LIFE INSURANCE, COST- OF-LIVING. VACATION AND SICK I.E IVE.

Unless othera ise specifically provided herein, all provisions of the Municipal Code and regulations and ivles of Employer relating to vacation and sick leave, retirema system co ributions, halidays and other fiinge beaefits end warking conditions as they now exist or hereafter may ba amended also shall apply to Employee as they would to other im nted ennployees of the Employcr. An aanual cost ofliving increase adjustm t shall be applied to tha base annual salary going forward to Employee as established for all oth r nonrepres nted employees. Additionally, Employee will acciue va ation and sick leave at a rate as ontlined in the City's Administrative Policies Manuai based on his initial hire date.

SEGTION 13. RETIREMENT.

Employer shall pay Employee' s contribution to the Public Employees Retirement System in accordauce with adoptedpolicies ofEmployer.

SECTION 14. NOTICES.

Notices pursuant to this Contract shall be inv riting given by deposit in the custody ofthe United States Postal Service, Post ge PrePaid, addressed as follows:
1) Employer Mayor, City ofI.athrop, 390 Towne Centre Drive, Lathrop, CA 2) Employee At his address as reflccted inhis personnel records ofthe City.

Alternatively, notices required pursuant to this Contract may be personally servcd in tfie same manner as is applicable to civil judicial process. Notice shall be deemed given as ofthe date of personal service or as of the date of deposit of such written notice in the course of transunission in the United States Poaml Service.

SEGTION 15. GENERAL PROVISIONS.

A.. The text herein shall constitute the entire Coirtract between the parties.

Pege 4 of 6
34 B. If any provision, or any portion thereo contained in this Contract is hald unconstitutional, invalid or unenforceable, the remainder of this Contra ct, or portion thereo shall be deemed severable, shall not be affected and shall remain in full farce and effect IN WTTNESS WHLREOF, the City of Lathrop has caused this Contract to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed and executed this Contract, both in duplicate, the day and year first above written.

EMPLOYEE C1TY OF LA OP
By:
r. s t J cn
Da: q l
Z D: a - i
APPROVED AS TO FOI I:

Salvador Navarre te, City Attomey
ATTEST:

Mitzi rtiz, ' Clerk
Pape 5 of 6
35 Exhibit B
AmendmeM Number One to Empbyment Agreement bertween
ThQ Cily of tatl rop and Stephan. Salvatore
August 17, a015
0 The original Employment Agreemer t between the qty of Lathrop and Stephen J. Salvatore, attached hereto and incorporated herein as Exhibit" A', was entered irrto between the parttes for the services of City Manager on or about September 17, 2012.

The Cty Counal has met and unanimously agreed to renew and extend this Employment Agreement pursuant to the conditions as described in Section 2 of the Employment Agreement.

IN WITNESS WHEREOF tfie City of Lathrop has caused thls Amendment No. i ta be signed and executed in its behatF by its Mayor and du{y attested by its City Cierk, and the employee has slgned and executed thts Amendment both in duplicate.

EMPLOYEE C17Y OF LATHROP
phen J. Salvatore Sonny D altwal, Mayor
Date•. • 17• 15 Date•
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney
ATTEST:
eresa Vargas, qty c
Attachment Exhibit A- Employment Agreemeritfor Stephen J. Salvatore effectfve September 17, 2012 1 C. JL c O" (' f36
Exhibit C
Amendment Number Two to Employment Agreement Between the GSty of Lathrop and Stephen J. Salvatore
November 19, 2018
The original Employment Agreement betwe n the City of Lathrop and Stephen J. Salvatore attached hereto and incorporated herein as Exhibit" A", was entered into between he parties for services of City Manager on or about September 17, 2012.

On or about August 17, 2015, the City council unanimously agreed to renew and extend the Employment Agreement pursuant to the conditions as described in Section 2 of the Bmployment Agreement, attached hereto and incorporated herein as Exhibit` B". In addirion, the Employment Agreement sutomatically renewed for an additional 3 years in September 2018.

The City Council has met and with a vote of 4-0, with Councilmember Dresser absent, approves the following amendment to the Employment Agreement, effective November 19, 2018:

1. Increase current base annual salary by S' o;

2. Up to forty( 40) hours of sick leave can be cashed out annually; and

3. Employer will contribute$ 2, 179 per month towazds the Employee' s health, dental and vision insurance benefits, and any such increases to benefits provided to other management employees.

Unless specifically stated above, no other changes to the original agreement( or Amendment One) are intended by this Agreement.

EMPIAYEE- CITY OF LATHROP
B
sy:
en J. Salvatore So ny Dhaliwal, Mayor
Date: q•! Date:

APPROVED AS TO FORM:

Salvador Navazrete, City Attorney
ATTEST:
resa Vargas, City Cle
Attachments:

Exhibit" A"— Employment Agreement for Stephen J. Salvatore effective September 17, 2012 F,xhibit" B"— Amendment Number One to Employment Agreement dated August 17, 2015 37 Exhibit D
Amendment Number Three to Employment Agreement Between the City of Lathrop and Stephen 1. Salvatore
August 8, 2022
The original Employment Agreement between the City of Lathrop and Stephen 1. Salvatore, attached hereto and incorporated herein as Exhibit" A", was entered into between the parties for services of City Manager on or about September 17, 2012.

On or about August 17, 2015, the City Council unanimously agreed to renew and extend the Employment Agreement( Amendment Number One) attached and hereto incorporated herein as Exhibit" B".

On or about November 19, 2018 the City Council approved Amendment Number Two, attached and incorporated herein as Exhibit" C".

The City Council hereby approves a performance- based increase in the City Manager' s current base salary of 6%, effective luly 11, 2022.

Unless specifically stated above, no other changes to the original agreement or Amendments) are intended by this Amendment.

EMPLOYEE CITY O THROP
a::-
By: By:

Stephen J. Salvatore Sonny Dhaliwal, Mayor
Date: 7// $ 2' Date:
9// '
APPROVED AS TO FORM:

Michaet G. olant oru3
Special Counsel
A7TEST:
eresa Vargas, City Cle / Government Services Director
Attachments:

Exhibit" A"— Employment Agreement for Stephen J. Salvatore effective September 17, 2012 Exhibit" B"— Amendment Number One to Employment Agreement dated August 17, 2015 Exhibit " C"— Amendment Number Two to Employment Agreement dated November 19, 2018 38 Exhibit A

EMPLOYMENT AC REEMENT
THIS EMPLOYMENT AGREEMENT (" Contract") is made and entered into this 17 day of September, 2012, by and between the City of Lathrop, California, a general law city organized under the laws of the State of Califomia, hereinafter called " Employer," and Stephen J.

Salvatore, an individual, hereinafter called " Employee," and is effoctive as of September 17, 2012(" Effective Date").

The parties agree as follows:

SECTION 1. DUZTES.

Employer hereby employs Employee as City Manager to perform the functions and duties specified•in the laws ofthe Sta#e of California, the Municipal Code ofthe City of Lathrop, and the Ordinances and Resolutions of the City of Lathrop, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign.

SECTION 2. TERM•
A. The term of tlus Conttact shall initially be for three ( 3) years, commencing as of the Effective Date, and shall be automatically renewed and extended for additional three( 3) year periods at the end of each three year period, unless either party shall provide written notice of non-renewal at Ieast ninety ( 90) days prior to the end of the period in which notice is given.

B. Nothing in this Contract shall prevent, limit, or otherwise interfere with the right of Employee to resign as City Manager or as an employee of the City at any time for any rea.4on.

C. Employee shall remain in the exclusive employ of Employer, and shall neither accept other employment nor become amployed by eny other employer except upon writtan appmval ofEmployer.

D. The te m " employed" shall not be construed to include occasional teaching, writing, speaking, or consulting performed. during Employee' s time off.

E. Employee' s initial date of hire was January 1, 2008, but this Agreement is effective as the Effective Date specified above.

SECT'ION 3. SALARY.

Employer agrees to pay Employee, commencing with the Effective Date for his duties, the base aanual salary of one hundred and seventy one thousand one hundred thirty one dollazs x L
tl // Page i of 6
39 5171, 131) payable in installments at the s e tune and in the same iannez as other Employees of the Fxnployer are paid
On the one( 1) ycar anniversary ofthe Effective Date, the City Council shall conduct an annual performance evaluation. This evaluation al all be completed as ajoint effort betwcen Employee and Employer. If desired, an outside facilitator, to be mutually agrced upon by Employer and Employee, and at Rmployer' s sole cost, may be utilized. On the subsequent anniversaries, Employer may grant merit increases to the base annual salary and provide other benefits to EmpIoyce under this Contract at theiz diacretion.

SECTION 4. HOURS OF WORIG
It is recogcii. ed that Employee must devote a great deal of time outside normal office hours to business ofEmployer. To that end, Employee will be granted management leave at a rate offour 4) weeks of inenagement leave per celendar year. Management leave is fully redited on January 1'` of each year.

SECTION 5. AUTOMOBILE ALLOWANCE.

Emplayer shall receive an a automobile allowance of$450.00 per month for the general business use of his personal vehicle; however, Employer shsll also reimburse Employee at the I1tS standard mileage rate for any business use of his personal vehicle for any single business trip totaling more than 100 miles.

SECTION 6. TERIVIIl TATION.

This Contract shall terminate upon the occurrence ofany ofthe following events:

A. The death ofEmployee.

B. The dissolution or bankruptcy of Employcr.

C. The disability of Employee, as defined herein.

D. The majority of the City Council of Employer votes to t;*+ A* P the Employee at a duly authorized meeting. Except for aon- renewal of contract pursusn# to 2A, the Employer however shall not terminatc Employee within a" cooling o" period ofninety( 90) days either before or after an election for which a City Council Membe,r is elected.

E. If the Employer, citizens or legislature act or acts to amend any provision of applicable lawtha#substantially changes the role, powers, duties, suthority, or responsibilities of the Employee, the Employee shall have the right to declare that such amendments constitute termiaation.

Page 2 of 6 ends

40 F. If the Employer reduces the base salary, compensation or any other financial benefit of the Employee, unless any such reduction is pursuant to a City wide furlough program, such action shall constitute a breach ofthis Conhact and will be regarded as termination.

G. ffthe Employee resigns following an offer to accept resignation, by majority of the City Council of Employer, then the Employee may declare a termination as ofthe date ofthe requested resignation.

H. Breach of contract declared by either pariy with a thirty ( 30) day cure period for either Employee or Employer to be provided. Written notice of a breach of contra, ct shall be provided
I. Conviction of Employee of any public offense that is a felony, and/ or involves moral turpitude, and / or the punishment for which includes a prolubition of holding public employment
3ECTION. CONFIDENTIALITY.

Unless the Employee expressly requests otherwise in writing, the evaluation of the Bmployee during his service as City Manager shall at all times be conduated in closed session of the City Council and shall be considered confidential to the full extent permitted by law. Nothing herein shall prohibit the Employer or the Employee from sharing the content of Employee' s evaluation with their respective legal counsel.

SECTION 8. SEVERANCE P AY.

If this Contract is terminated pursuant to Section 6, Paragraph B, D, E, F, (} or City breach of Contract, Employer shall pay severance to Employee in the amount of six ( months' salary.

Instead of six of severance pay in accordance with this Section, Employee may elect to treai the non-renewal of the Contract ( as descnbed in herein and in Section 2) as a termination that entitles him to three ( 3) months' seveisnce pay in addition to regular pay during the 90 day notice period ofnon-renewal referenced in Section 2A.

If tlus con act is terrninated for any rcason specified herein, Employce shall be paid for all accrued and unused sick leave, vacation time, paid holida.qs; and the value of all benefits including employer' s con ibution to PERS, Health Insurance allowance, and car allowance.

Severance will be paid in one payment within 30 days of termination.

SECITON 9. iOTICE TO RESIGN
Employee may terminate this Contra ct by providing written notice to the City at least thirty( 30) days prior to the effective date of resignatioa The Employer shall have no further obligation to pmvide payments and benefits to Employee far his service as City Manager atter the effective date of the resignation except for all accrued and unused management leave, sick leave and vacation time. The City requests that Employee provide six ( to twelve ( 12) months advance notice in the event that he determines to retire from service.

Page 3 of 6 ends

41 SECTION 10. INDEMNIFICATION
Employer sball defend, save harmless m d indEmnify Employee in accordance with Division 3. 6 ofthe Califomia Government Code, commencing with section 810.

SF.CTION 11. BONDYNG.

Employer shall bear the full cost of any fidelity or other bonds required of the Employee under et y law or ordinance.
3ECTYON 12. DI3ABILTI' Y HEAI.17i ANll LIFE
INS rri s1YCE COST-OF-LIVING. VACATION AND SICK LEAVE.

Unless othera ise specifically psovided herein, all provisions of the Municipal Code and regulations and rules of Employcr relating to vacation and sick leave, retiremant system coatributions, holidays and oth r fringe benefits aud working conditions as they now exist or hereaftsr may be amended also shall apply to Employee as they would to other mrepzeseated employees of the Employer. An annual cost ofliving increase sdjust nent shall be applied to tha base annual salary going forward to Employee as established for all other nonrepresenrted employees. Additionally, F.mployee will accrue va cation and sick leave at a rate as outlined in the City's Administra#ive Policies Manual ba.ged on his initial hire date.

SECTION 13. RETIREMEIVT.

Employer shall pay Employee' s contiibution to the Public Employees Retirement System in accordance withadopted policies ofEmployer.

SEGTION 14. NOTICFS,
Notices pursuant to this Contract shall be in writing given by deposit in the custody ofthe United States Postal Service, Postage PI'ePaid, addres9ed as follows:
1) Employer Mayor, City of Lath np, 390 Towne Centre Drive, Lathrop, CA 2) Fanployee At his address as reflected in his personttel records of the City.

Alternatively, notices required pursuant to this Contract may be pexsonally served in tlie same maiuier as is applicable to civil judicial prooess. Notice shall be deemed given as ofthe date of personal service or as of tha date of deposit of such written notice in the course of m+++Qri+ on in the United States Postal Service.

SECTION 15. GENERAL PROVLSIONS.

A. The text herein shall constitute the entire Contract between the parties.

Page4of6
42 B. If any provision, or any portion thereo contained in this Contract is hald imconstitutional, iavalid or unenforceable, the remainder of this Contract, or portion thereo shall be deemed severable, shall not be affected and shall remain in full farce and e ect IN WITNESS WI REOF, the City of Iathrop has caused this Contract to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed and executed this Contract, bodi in duplicate, the day and yesr first above written.

EMPLOYEE CTTY OF LA OP
By:
r. s J cn
Date• 1 Z Date: a / `
APPROVED AS TO FOI I-.

Salvador Navanete, City Attomey
ATTEST:

Mitzi rtiz, ' Clerk
Paqe 5 of 6
43 ArnendmeM Number One to Employment 1algreement between ThQ C(ty of Latl rop and 5tephen J. Salvator e
August 17, 2015
0 The original Employment Agreement between the Gty of Lathrop a d Stephen 1. Salvatore, attached hereto and inaorporated hereln as Exhibit" A', was entered i rto between the parttes for the services of City Manager on or about September 17, 2012.

The City Counal has met and unanimously agreed to renew and extend this Employment Agreement pursuant to the conditions as described in Sectbn 2 of the Employment Agreement.

IN WITNESS WHEREOF tfie City of Lathrop has caused this Amendment No. i to be signed and executed in its behaif by its Mayor and duly attested by its Gty qerk, and the empleyee has signed and executed this Amendment both in duplfcate.

EMPLOYEE CIIY OF LATHROP
phen J. Salvatore Sonny D altwal, Mayor
Date:. •/ 7•/ 5 Date•
APPROVED AS TO FORM:

Salvador Navarrete, City Attomey
ATTEST:
eresa Vargas, qty c
Attachment fxhibit A- Employment Agreemerrt for Stephen J. Salvatore ef ectwe September 17, 2012 1 C.. Lt
rr

1...)
44 Amendment Number Two to Employment Agreement Between the Gyty oP LaWrop and Stephen J. Salvatore
November 19, 2018
The original Employment Ag ement between the City of Lathrop and Stephen J. Salvatore attached hereto and incorporated herein as Exhibit" A", was entered into between he parties for services of City Manager on or about September 17, 2012.

On or about August 17, 2015, the City council unanimously agreed to renew and extend the Employment Agreement pursuant to the conditions as described in Section 2 af the Employment Agreement, attached hereto and incorporated herein as Fxhibit` B". In addition, the Employment Agreement automatically renewed for an additional3 years in September 2018.

The City Council has et and with a vote of 4-0, with Councilmember Dresser absent, approves the following amendment to e Employment Agreement, effective November 19, 2018:

1. Increase current base annual salary by 5%;

2. Up to forty( 40) hours of sick leave can be cashed out annually; and

3. Employer will contribute$ 2, 179 per month towards the Employee' s health, dentai aod vision insurance benefits, and any such increases to benefits provided to other management employees.

Unless specifically stated above, no other changes to the original agreement( or Amendment One) are intended by this Agreement.

EMPLOYEE CITY OF LATHROP
By:
en J. Salvatore So ny Dhaliwal, Mayor
Date: f•! Date:

APPROVED AS TO FORM:

Salvador Navarrete, City Attomey
ATTEST:
resa Vazgas, City Cle
Attachments:

Exhibit" A"— Employment Agreement for Stephen J. Salvatore effective September 17, 2012 Exhibit" B"— Amendment Number One to Employment Agreement dated August 17, 2015 45 Amendment Number Three to Employment Agreement Between the City of athrop and Stephen 1. Salvatore
August 8, 2022
The original Empioyment Agreement between the City of Lathrop and Stephen J. Salvatore, attached hereto and incorporated herein as Exhibit" A", was entered into between the parties for services of City Manager on or about September 17, 2012.

On or about August 17, 2015, the City Council unanimously agreed to renew and extend the Employment Agreement( Amendment Number One) attached and hereto incorporated herein as Exhibit" B".

On or about November 19, 2018 the City Council approved Amendment Number Two, attached and incorporated herein as Exhibit " C".

The City Council hereby approves a performance- based increase in the City Manager' s current base salary of 6%, effective July 11, 2022.

Unless specifically stated above, no other changes to the original agreement ( or Amendments) are intended by this Amendment.

EMPLOYEE CITY 0 THROP
By; By:

Stephen J. Salvatore Sonny Dhaliwal, Mayor
Date: gI$12Z' Date: glU/
APPROVED AS TO FORM:

Miehaet G. Cc lanE uonc
Special Counsel
ATTEST:
eresa Vargas, City Cle / Government Services Director
Attachments:

Exhibit" A"— Employment Agreement for Stephen 1. Salvatore effective September 17, 2012 Exhibit" B"— Amendment Number One to Employment Agreement dated August 17, 2015 Exhibit" C"— Amendment NumberTwo to Employment Agreement dated November 19, 2018 46 l. A" TAC MEN1`
Amendment Number Three to Employment Agreement Between the City of Lathrop and Salvador V. Navarrete
August 14, 2023
The original Employment Agreement between the City of Lathrop and Safvador V. Navarrete, attached and incorporated herein as Exhibit " A," was entered into between the parties for services of City Attorney on or about January 14, 2008.

On or about November 19, 2018, the City Council approved Amendment Number One, which is attached and incorporated herein as Exhibit " B."
On or about August 8, 2022, the City Council approved Amendment Number Two, which is attached and incorporated herein as Exhibit " C."
The City Council hereby approves an amendment to the first paragraph of Section 9 to read as follows:
if this Contract is terminated because of the reasons specified in Section 7. C, 7. D, 7. E,

7. F, 7. G, or an uncured breach by Employer pursuant to 7. H, Employer shall pay severance pay to Employee of twelve ( 12) months of salary. Employee may elect to treat the non- renewal of the Contract( as described in Section 2. A) as a termination that entitles him to severance pay in accordance with this Section. This provision shall be limited by the requirements of Government Code sections 53260 and 53621.

The City Counci) hereby further approves the deletion of the third paragraph of Section 9.

Unless specifically stated above, no other changes to the original agreement ( or Amendments) are intended by this Amendment.

EMPLOYEE CITY OF LATHROP
By: By:

Salvador V. Navarrete Sonny Dhaliwal, Mayor
Date: Date:

APPROVED AS TO FORM:
pecial Couns
47 ATf EST:

Teresa Vargas, City Clerk/ Government Services Manager
Attachments:

Exhibit " A"— Employment Agreement for Salvador V. Navarrete effective January, 2008 Exhibit " B"— Amendment Number One to Employment Agreement dated November 19, 2018 Exhibit " C"— Amendment Number Two to Employment Agreement dated August 8, 2022 48 ATi"A HMEN`
ORi INAL
EMPLOYMENi' CON1ZiACT
THIS EIVIPLOYMENT CONTRACT(" Contrsat") is made aad eabcred' mto this 1 Ith day ofDecember, 2007, by and betwaoa the City ofLathrop, Califoraia, a general law city organi ad undar tbe laws oftho 3tate of Ca[ ifomia, h rccinafter called" Fmpioyor," and Salvador V. Navarrete, an individual, horeinafier called Employeo," and is effective as ofJanuary 14, 2008(` Bffediva Date'.

Tha pertias a ee as follows:

SECfION 1. DUTIES•
A. C eueral.

F, ployar heraby ploys Employeo as City Attorney to p form tha fuactions and duties specified ia the laws ofthe St u of Califomia, ffie Municipal Code ofthe City of Lathrop, and the Ordinances aad Resolutions of tha City ofI,athrop, and to perform aucL other logally pamissibk and propa duties and functions as the City Council shaU from time W time assign.

B. Description of Duties.

In amplification of Section lA. ofthe Contract, Employee shall serve as general counsel and chief legal advisor to employer, and perForm all legal duties for Employer, exccpt i) When, inthe opinion ofEmployer, it would be more appropriate to hire outside specialist coimsel. In such event, Employee shall assist Employer in selecting such outside specialist counsel. Such outside speeislist counsel may scrve in lieu ofEmployee on any particular matter, ar may assist Employee; or
u) When counsal for Employer is othervvise provided, as in the case of counsel provided by insurers in connection with various insurance policies held by Employer, ar provided by the Risk Management Authority of which Employer is a member; or ui) When a conflict exists such that Employee is prohibited by law or rules of professional conduct from representing or advising Employer.

C. In furthor amplification of Section 1. A. of this contract, Employee shall, unless excused by Employer, attend all meetings ofthe City Council and the Planning Commission of the City ofLathrop, and meetings of such other Boards or Commissions ofthe City as the City Council may, om time to tim, direct.

D. In fiuther amplificatioa of Section 1. A of this Contra ct, it is recognized and agreed that Employee reports to the City Couttcil of Employer, and not to the City Managet of Employer, but Employee will co-ordinate with the City Manager of Employer to ensure the legal needs ofEmployer are me Employee shall operationally be considered a deparfinent head with all the rights, duties and obligations thereo£
49 SECTION 2. M,
A. The tam ofthis Contiract shall initially be for fiva( 5 years, coinmenoing as oftl e Effecdve Data, and shall be automatically nanewed and extended for an acWitional Sve( 5) Yosr Pa' iod at the e d ofeach renevval and a abonsion period, unless either paRy shall prnvlde writton notice of non-reaowal at lesst ninety( 90) days prior to the end oftho period in which notica is givcn. In the event Bmploye'r daclaroa its intention not to ranew and e rtend this Contract, then Bmployee. whilo continuiag to perform all of his duties hereunder, may undertska the pursuit of new employment opporhmitias.

B. Nothing in this Contrect sha[I prevent, limit, or otharwisa mtarfera with the right of Employce to resign at acry time for any reason.

C. Notwithstanding any other provision in this Secfion 2, this Contract may bc earlier temunated in accordanca with Section 7 ofthis Contract
D. Employec shall nemain ia the exclusive employ ofEmployer, and shall neither accept other amployment nor bacome employed by any other employer excapt upon written approval of Employer. fi. The tetm" employed" shall not bo construed to include occasional teacliing, writing, spealdng, or consulting performed during Employee's time o SECTION 3. p
IfEmployee shall, for whatevar re,ason, become incapable of parforming any oftha esseatial functions of City Attorney, ov wi reasonable accommodation by Employer, eithex

1. Peraianentiy, or

2. For a period excceding the period ofleave available to the Employee undor the Family Medical Leave Act or tha California Family Rights Ac oc accrued sick leave, whichever is longer, then Employae shall be deemed to have s
erod a disability. Employer and Fanployee agcoe that the time pariod specifiad in this paragreph 2 is a reasonable accommodadon. by Eooployer, and that granting long time would be an undua hat+dship on Employce.

SECTION 4. SALARY.

Employa agraes to pay Employeo, offmctivo Iaauary 14, 2008, for his duties, a baso annual salary of ono huadred fifly thousand dollars($ 150,000) payabk in installments at the samo time and in the saute mamer as othea' Employees ofthe Fmployer at+e paid.

The City Council shsll conduct an annual performsaoe evaluation within fiftsen( 15) days of January 14' each year commenciQg ia 2009. This avaluation shall be complebed as a joiat eBort bctweon Employee and Fanployer. If desired, an outside faciIitstor, to ba mutually agreed upon by Employor and Employee, and at Employer' s sole cost, may be utiliaed. Upon satisfactory complotion ofthis annus] performance r view, Employer may grant merit incraeses w the base salary and othar benefits to provide to Employee under this Con Any such modifications shall be in writing and signed by Employee and Employer.

SF.C'iTON S. HOURS OF WORK
It is recognized that Employee must devote a
g+eat deal of time outside normal office hours bo businass of 50 Employer. To that end, Employ e will ba granted fif een( 15) days of management leave per calendar year.

Manage namt leave is fully crodited on January 1" of each year and cannot be cashed out or rollod ov.

SECTION 6. 4UTOMOBILE ALLOWANCE.

Bmployer shall receive an sutarnobile allowance of 450. 00 pa manth fo tho general business uso of his persu al vahicle; howav, Employar shall also teimburse Employee at tha IRS standard mileage rate for any business use ofhis personal vehicle far any single busmess trip totaling moro thea 100 milas.

SECTION 7. TERMII iATION
This Cont act shall terminata upon tha occucranco of any ofthe following events:

A. Tha death ofEmployce..

B. Tha dissoluRion or banlauptcy ofEmployer.

C. The disabiIity of Employee, as defined in Section 3 ofthis Contract.

D. The majority ofthe City Council of Employer voties to terminate the Employee at a duly authorized meeting.

E. Ifthe Fmployer, citizens or le slature aat or acis to amend any provision of applicable law that substantially chaages the role, powers, duties, authority, or rasponsibilities of the Employee, the Employee shall have the right to declara that such amendments constitute termination.

F. ffthe EmpIoyer reduces a base saJary, compensation or any other financial b efrt oftha Fmployee, unless it is applied in greater peroe tage than the average reduction of all department heads, such action shall constittrte a brEach of t is Contract and will ba regarded as tesmination.

G. Ifthe Employee resigns following an offier to accept resiguation, or a suggestion that Employee resiga, whether£ ormal or informal by ai y member of We City Council of Employer acting as representative oftha majority ofthe City Council, then the Employee may decisre a tetmination as ofthe dste of tha suggestion.

H. Breach ofcontract declared by eitha party with a thirty( 30) day aure period for either Employee or Employer to be provided. Writben notice of a breach of contract shall be provided, I. Convictiqn ofEmployee ofany public off sa that is a falary, and/ ar imrolvas moral turpitudo, and/ or tho punishment for which includas a prohibition of holdiag public employment.

SECTION 8. QNFIDENTTAI. TTY
A. Unless the Employee eo ressly c+equests otherwi a in writing; the avaluatian ofthe Employee shall at ail times be conducted in closod session ofthe City Conncil and shall be considerod confidairtial to tha maximum and full ea eot perautted by law. Nothing henoin sLall prohibit H e Employer or the Employea from sharing the content ofthe City Attorney' s evaluation with tlteir raspectiva legal counsel.

B. In the event of termination or resi ation, tha Employer and Employee a ree nat to make commenL or statsme s about each other and shall respond to inguirias by only confuming that such termination or rasigastion occurred. In addition, the Employer ead F.mployee agree not to discuss the circumstances surrounding employmant and taimination with aay pecson othar then their respectnra legal counsel, including but not limited to members ofthe media, public, and City staff. 51 SECTION 9. SEVERANCE PAY
Ifthis Contract is tcrminated becausc ofthe reasons spcciftod' m Section 7.C, 7.D, 7.E, 7.F, 7.G, or an uncured breach by Employer pursuant to 7.H, EmpIoyer shalt pay sevea anco psy to Employae up to a maximum of nine( 9) months' salary. Employee may elect to treat tha non- r ewal of the Coniract( as descn'bed in Section 2A) as a t nination that antides him to severanca pay in accordance with this Saction. A saverance benk of six months pay is ganbod on the 6 2" day after the Effective Date of this Contiact. Employee thereaftea sha[ 1 earn one( 1) additional month of save anca per year ofsarvice, not to exceed a combined total ofnine( 9) months severance.

IfEmployee is terminated by the Employer within the three( 3) months preceding or followi.ng a C eneral Election whene one or mose.City Council seats are contested on the ballot ofsuch election( the election cool- offperiod', then Employee will be granted an additional three( 3) months severance salary only— no payout on additional benefits ar leave accnials) to the severrance bank cunently earned.

Ifthis contracted is terminated for any reason specified in Section 7 witi in the first 60 days of employmerrt, Employee will receive three( 3) manths of severance pay.

Ifthis contract is terminated for any nason speeified' m Section 7, Employee shall be paid for all accrued and unused sick leave, vacation time, paid holidays; and the cash value of all benefits including employer' s contribution W PERS, Health Insurance allowance, and car allowance. Severance will be paid in monthly installments equai in number to the number of months' sevarance due employee pursuant to this Section.

SECTION 10. NQTIC TO RESIGN
Fmployea may berminate this Contract by providing writtan notice to the City at least thirty( 30) days prior to the effective date of resignation. The City shall have no further obligation to provide paymeats aad benefrts after the effearve date of ti e rasignation. The City requests that Employea provide six( to twelve( 12) months advance notica ia the event that he determines ta retire from service.

SEG"fION i 1. V CATION AND SICK LEAVE.

Employee will accrue vacation at a rate offifteen( 15) days per year. Up to foriy( 40) hours of uaused vacation hours eamed may be cashed out Employce wiII aocnu nintty-snc( 96) hours of sick leava per year. Up to forty( 40) how s of sick leave can be cashed out annually afta Employee accrues ninety-six( 96) hours. There is no cap on accrual.

SECTION 12.)? I ARII, TTY COST-0E- NiN Y A 1[ J T ,, TH AND LIFE NSURANCE.

Employee shall be provided the same disability, COLA adjustments( begianing with 2008 adjustmant), health, dental, vision and life insuranca benofits that are pnesenNy provided to ot6er management empIoyeas of Employer and any such increases to benefits will not require City Council action to bo affective. Fanployer will contribute$ 1, 620 per month toward.g Employee' s cefeteria plan.

SECTION 13. RETIItEMENT.

Employer shall pay Employee's contribution to the Public Employees Retirement SysGem in accordance with adopced polici ofEmployer.

SEGTION 14. DUES AND SUBSCRIPTIONS.

Employer shall budgot aad pay for the professional dues and subscriptions of Employee necessary for his co uation and full participation in national, regiona(, state and local associatioAs and orga' szations ner,essacy 52 and desirable£ r Lis contiaued professional participation, growth and advancoment and for tha good of Employer.

SECTION 15. P tC FESSIONAL DBVELOPMENT.

A. Employor ahail budget for and pay the travel aad subsistenco oxpansos ofEmployee for proFessional official travel, meeting s and occasions( mauimum of three sanually) adaquate to contiinue tha profesaional development ofEmployee and to adequabely pwsue necxssary officiel end ather functions far Employer, including but not limibed to tha L eaguo of Califomia Cities and such other national, regioaal, sta e and local governmental gioups and committ s thereof ofwhich Employee may serve as a member. Employer shall budgat and pay for tfie travel end subsistsnce e cpense of Employae for short oourses, insti4rtes and seminars nocessary for her p+ofessional development and for the good ofthe Employer.

SECTION 16. REIlVIBURS? MENT OF EXPENSES.

Totha extent Employee necessarily incurs expensas in tha parformance of her duties, Employee will receive prompt reimbnrsement therafare. fimployee shall submit a clsim form to Employer in the form and manner required of azry employee. Tha requirement for a claim form shall apply to mileage reimbursement undar Saction 6 ofthis Contra. t.

SECTION 17. INDEMNIFICATION.

Employar shaU dafend, save harmless and indemnify Fmployee in aocotdatica with Division 3. 6 oftha Califomia Govarnment Codo, commencing with sedion 810.

SECTION 18. BONDING.

Employer shall bear the full cost of any fidelity ac other bonds required ofthe Employee under any law or ordinance.

SECTION 19. OTHER TERMS AND CONDTITONS OF EMPLOYMENT ,
Unless otherwisa specifically pmvided hea+ein, all p ovisions oftha Municipal Codo and regulations end rules ofEmployar including but not limited to ttwsa relating to vacation and sick leave, retireme,nt system contributions, holidays and othar fringe benefits aad working conditions, as they now exist or harafter may ba amendod aLco shall apply to Employx as they wouldto othor unrepragented employoes ofthe F.mployer.

SECTiON 20. NOTTCBS•
Notices pursuantto tLis C tract shall ba in writing given by deposit inthe cusbody ofthe Unittd Siate Postal Servicq postsge prepaid, addreasod es follows:
1) Employer: Mayor, City of Latlu+op, 390 Towne Ca re Drive, Lathrnp, CA 95330 2) Fanployee: Salvador V. Navarrete, 3378 Lighthouso Court, Atwater, CA 95301 Atbernatively, notices raquirad pucsuaat O this Conhact may be personally sarved in the same mannar as is applicabla to civil judicial process. Notice shall ba doemed givan es ofthe date of personal service or as of the date of deposit of such written notica in the course of transmission ia the Unitod States Postai Service. 53 SECTION 21. QENERAL PROVLSIONS.

A. Tha text harein shaU constitute the entire Contract betareen the parties.

B. Ifthe Bmployee di prior to the expiration of the Lerm of employment, any monies that may be due to Ivm from Employer under tbis Agc ement as ofthe date of his death shaall be paid to his beneficiaries or personal repmaseatatives.

C. This Contract shall become effective on the date first written above.

D. If any pmvision, or any portion Wereo contained in this Conh act is held unconstitutional, invalid or unenfotceable, tha remainder ofthis Con ract, or portion thereo shall be deemed sevarable, shall not be affected and shall remain in full force and effect.

IN WITNESS WHEREOF, the City of LatLrop has causad this Co ract to be signed and executed in its behalf by its Mayor and duly atbesbed by its City Clerk, and the Emplayee has signed and execated this Contiact, both in duplicete, the day and year first above writben.

MPLOYER"
CITY OF p
By:
tZri les, y
Rick Caldeira, City Clerlc
APPROVED AS TO FORM:

JO . STOVALL, Inberun City Attotuey
o
Salvador V. Navacrete
54 Amendment Number One to Employment Agreement Between the City of Lathrop and Salvador V. Navarrete
November 19, 2018
The original Employment Agreement between the City of I.athrop and Salvador V. Navarrete,' attached hereto and incorporated herein as F.xhibit" A", was entered into between the parties for services of City Attomey on or about January 14, 2008.

The Employment Agreement has automatically renewed' in January of 2013 and January of 2018 pursuant to the conditions as described in Section 2 of the Emplbyment Agreernent, attached hereto and incorporated herein as Exhibit"• B".

The City Council has met and with a vote of 4- 0, with Councilmember Dresser absent, approves the following amendment to the Employmeat Agreement, effective November 19, 2018:

1. Increase current base salary by 596; and

2. If Employee resigns his position, he will be paid for all accrued and unused management leave, sick leave and vacation time.

Unless specifically stated above, no other changes to the original agreement( or Amendment One) are intended by this Agreement.

EMPLOYEE C1TY OF LATHItOP
By By:

Salvador V. Navarrete Sonny Dha( iwal, Mayor
Date: '" 1 O Date: r/ / l/
APPROVED AS TO FORM:

G G/ -'
ATTEST:
resa Vargas, Ciry Cl
Attachments:

Exhibit" A"—Employment Agreement for Salvador Y. Navarrete effective January 14, 2008. 55 Amendment Number One to F ployment Agrecmept Between the City of Lathrop and Satvador V. Navarrete
November 19, 2018
The original EmpJoyment Agreement between the City of Lathrop and Saivador V. Navazrete, attached hereto and incorporated herein as Exhibit" A", was entered into 6etween the parties for services ofCity Attorney on or about Januery 14, 2008.

The Employment Agreement has automatically renewed in January of 2013 and January of 2018 pursuant to the conditions as described in Section 2 of the Employment Agreement, attached hereto and incorporated herein as Exhibit" B".

The City Councifhas met and with a vote of 4-4, with Councilmember Dresser absent, approves the following amendmern to the Employment Agreement, effective November 19, 2018:

1. Increase current base salary by 5°Yo; and

2. If Employce resighs his position, he will be paid for a! 1 accrued and unosed management leave. sick leave and vacation time.

Unless specificatly stated ab ve, no othe changes to the original agreement( or Amendment One) arc intended by this Agreement.

EMPLOYEE CITY OF LATHROP
Hy: By;
Salvador V. Navarrete Sonny Dhaliwal, Mayor
Date: Date:

APPROVED AS TO FORM:
rr% G
M C N!( V' o iy, yfV W . S LC: 1 N t
AT7' EST:

Teresa Vargas, City CIe 1c
Attachments;
Exhibit" A"— Employment Agreement for Salvador V. Navarrete effective January 14, 2008. 56 Amendment Number Two to Empioyment Agreement Between the City of Lathrop and Saivador V. Navarrete
August 8, 2022
The original Employment Agreement between the City of Lathrop and Salvador V. Navarrete, attached hereto and incorporated herein as Exhibit" A", was entered into between the parties for services of City Attorney on or about January 14, 2008.

On or about November 19, 2018 the City Council unanimously approved Amendment Number One, attached herein as Exhibit" B".

The City Council hereby approves a performance- based increase to current base salary of 5% effective July 11, 2022.

Unless specifically stated above, no other changes to the original agreement( or Amendments) are intended by this Amendment.

EMPlOYEE CITY OF LATHROP
By:

Salvador V. Navarrete So ny Dhali al, Mayor
Date: oate: I l 2
7 APPROVED AS TO FORM:
r i hae6 C,.+.r..olant oru
Special Counsel
ATTEST:
eresa Vargas, City CI Government Services Director
Attachments:

Exhibit" A"— Employment Agreement for Salvador V. Navarrete effective January, 2008 Exhibit" B"— Amendment Number One to Employment Agreement dated November 19, 2018 57 58
ITEM 4. 5

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: DECLARE CERTAIN VEHICLES AND EQUIPMENT

SURPLUS PROPERTY AND AUTHORIZE THEIR

DISPOSAL
RECOMMENDATION: Adopt a Resolution Declaring Certain Vehicles and Equipment Surplus Property and Authorizing Their
Disposal
SUMMARY:

The City currently has four surplus vehicles and various furniture and equipment that have reached their useful life, have been replaced, or the repair costs exceed their fair market value.

The City' s policy regarding disposition of surplus property allows for surplus property to be sold at auction. In the event that the auction is unsuccessful, the City may choose to donate, discard or recycle the property. Pursuant to Council Resolution 21- 4831, the City Council declared surplus property with a value of $ 1, 500 or less to be of de minimus value and any disposal therefore, does not create a gift of public funds. Council adopted a donation policy through the same Resolution to allow the City to donate surplus City vehicles with a value of less than $ 1, 500 to local nonprofits or charities. Any vehicles with a failed auction sale, will be returned to the City, so the City can begin the donation process to local non- profits or charities.

BACKG ROU N D:

The City of Lathrop updated its policy regarding disposition of surplus vehicles on December 1, 2014 pursuant to Resolution 14- 3848 and staff recommends that the items listed on Attachment B" be declared surplus property in accordance with this policy. All of these items have reached their useful life, have been replaced, or the cost of repair exceeds their value. Each item listed on the attachment has a brief description of the condition of each item. All of the listed items are ready to be declared as surplus property for sale, recycling, or disposal.

According to City policy, if the market value of the surplus items is greater than 5, 000, the Purchasing Officer shall present the listing of such assets to the City Council for action regarding their declaration as surplus. It has been determined that these items collectively could have a value greater than $ 5, 000.

Surplus vehicles will be sold at public auction by Nationwide Fleet Services pursuant to an existing contract. In the event that the property remains unsold, the City Council may choose to donate, discard or recycle the property. Pursuant to Council Resolution 21- 4831 the City Council declared surplus property with a value of $ 1, 500 or less to be of de minimus value and the donation thereof does not create a gift 59 CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

RESOLUTION DECLARING CERTAIN VEHICLES AND EQUIPMENT SURPLUS

PROPERTY AND AUTHORIZING THEIR DISPOSAL
of public funds. Council adopted a donation policy through the same resolution to allow the City to donate surplus City vehicles with a value of less than $ 1, 500 to local non- profits or charities. Surplus equipment will be discarded or recycled if all other disposal methods are not successful.

REASON FOR RECOMMENDATION:

Pursuant to City policy, at least once a year each Department Head shall conduct a review of inventory, goods and supplies utilized by that department and shall determine what items have become surplus. City stafF has gathered a list of surplus items from all department' s which are included in Attachment " B". These surplus assets have been reviewed and determined that their collective value could be greater than $ 5, 000. In addition, once the surplus items are discarded, it will help each department maintain storage space.

FISCAL IMPACT:

Any net revenues from the sale of these items will be returned to the City' s general fund.

ATTACH M ENTS:

A. Resolution declaring certain vehicles and equipment surplus property and authorizing their disposal
B. Surplus Inventory List
60 CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

RESOLUTION DECLARING CERTAIN VEHICLES AND EQUIPMENT SURPLUS

PROPERTY AND AUTHORIZING THEIR DISPOSAL
APPROVALS:
o v u>23
Tany shan illamas Date
Managemen Analyst I
g /
Cari Ja s Date
Directo of Finance
g l, av
Salvador Navarrete Date
City Attorney
S- 2' 3
St en Salvatore Date
City Manager
61 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

DECLARING CERTAIN VEHICLES AND EQUIPMENT SURPLUS PROPERTY AND

AUTHORIZING DISPOSAL
WHEREAS, the City of Lathrop has a policy that allows for the disposal of equipment and inventory with City Council approval; and WHEREAS, the City has surplus vehicles and equipment, which have reached their useful life, are inoperable, or the cost of repairs exceed their value; and WHEREAS, the City Council has reviewed the list of surplus items in which are to be auctioned, donated after meeting Donation Policy criteria, recycled, or discarded;
NOW, THEREFORE, BE IT RESOLVED that the City Council declares the items, as listed in Attachment B", to be surplus property and authorizes the City Manager to dispose of the surplus equipment and inventory.

The foregoing resolution was passed and adopted this 14t" day of August, 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 62 ATTACHMENT B
Surplus Inventory List
AUGUST 14, 2023
Surplus Type: Vehicle/ Other
Surplus Reason Codes: A-No longer needed 6- Reached useful life C- Replaced D- Cost to repair is higher than value E- Damaged/ not working
Surplus
Reason
Code Description Year/ Make/ Model Vin/ Serial Number Quantity Dept.

E Truck 2008 Chevrolet Silverado I GCHK29K58E I 12837 I PR& M B SUV 2015 GMC Terrain 2GKFL5E30F6409751 I PR& M
B SUV 2015 Chevy Tahoe I GNLC2EC4FR532091 I PR& M
B Light Trailer Magnum MLT T3060M I 102935 I PR& M
Surplus Type: Equipment
Surplus Reason Codes: A-No longer needed B- Reached useful life C- Replaced D- Cost to repair is higher than value E- Damaged/ not working
Surplus
Reason
Code Description Year/ Make/ Model Vin/ Serial Number Quantity Dept p
Tow Behind Air Compressor
I 991 Sullivan D 185Q5 I 0616 I PR& M
Trailer

Page 1 of 2 ends

63 ATTACHMENT B
Surplus Inventory List
AUGUST 14, 2023
Surplus Type: Furniture
Surplus Reason Codes: A- No longer needed - Reached useful life C- Replaced D-Cost to repair is higher than value E- Damaged/ not working
Surplus
Reason
Code Description Year/ Make/ Model Vin/ Serial Number Quantity Dept C Computer Desk I CDD
C Wooden Chair I CDD
C Upper Cabinets I CDD
C Round Table I CDD
A Wooden Book Case I CDD
C Mobile Plan Holder 2 CDD
A Wood 2- drawer File Cabinet I CDD
A Wood 3- drawer File Cabinet I CDD
B Chairs with Racks 75 PR& M

Page 2 of 2 ends

64 ITEM 4. 6

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PURCHASES OF A DUMP TRUCK & VARIOUS

HEAVY CONSTRUCTION EQUIPMENT
RECOMMENDATION: Adopt Resolution Approving the Purchases of a Dump Truck & Various Heavy Construction
Equipment
SUMMARY:

As the City expands, reliable heavy machinery becomes crucial for seamless operations, timely project completions, and enhanced community service. Investing in these tools reduces expensive repairs and ensures efficient delivery of services to the community.

Staff requested multiple quotes from vendors for the proposed equipment, with a minimum of three ( 3) quotes per item. The following equipment options are most suitable for the City' s needs. Staff requests Council approve the purchases of the equipment listed below, totaling $ 522, 102.

Sufficient funds were approved in the fiscal year 2023- 24 adopted budget for the proposed purchases.

BACKGROUND:

As the City continues to expand rapidly, the need for heavy equipment within the City also rises. The City must procure the appropriate equipment and tools to allow City employees to perform required repairs and maintenance. This proposed equipment will also decrease the City' s reliance on contractors, expediting the work and reducing the overall cost.

The skid steer loader and dump truck will replace existing ones nearing the ends of their service lives. The mini excavator, roller and skip loader will expand the City' s repair and maintenance capacity and productivity, and provide training opportunities for staff. The asphalt grinding drum and compaction wheel attachments will further expand the capabilities of the skid steer tractor and the mini excavator, respectively, to perform utility and street repairs.

In accordance with LMC 2. 36, staff has researched multiple equipment vendors and requested at least three ( 3) quotes for each piece of equipment.

Staff has determined that the equipment listed below would best meet the needs of the City.

Staff has also determined that each new piece of equipment' s corresponding price relative to its anticipated service life represents a better return on the City' s 65 CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

APPROVE PURCHASES OF A DUMP TRUCK & VARIOUS HEAVY

CONSTRUCTION EQUIPMENT
investment than renting the equipment or contracting for the maintenance or repair services requiring each piece of equipment.

Staff requests City Council approve the purchases of heavy construction equipment listed below:

Approving the requested purchases will enable the City to efficiently meet its day- today operational needs and enhance its emergency response capacity, resulting in improved efficiency and effectiveness.

FISCAL IMPACT:

The cost of the proposed equipment listed above was identified in the biennial budget for fiscal year 2023- 24 adopted June 14, 2023, Resolution Number 23- 5322, and will be paid from the following funds:

Fundin Source Amount
2080- 50- 10- 450- 20- 00 $ 421, 500. 00
5620- 50- 50- 450- 20- 00 $ 35, 000. 00
The remaining $ 66, 364 will be carried over from fiscal year 2022- 23 to fiscal year 2023- 24 and will be paid from the following funds:

Fundin Source Amount
6010- 50- 30- 450- 20- 00 $ 32, 801. 00
6080- 50- 34- 450- 20- 00 $ 32, 801. 00
66 CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

APPROVE PURCHASES OF A DUMP TRUCK & VARIOUS HEAVY

CONSTRUCTION EQUIPMENT
ATTACH M ENTS:

A. Resolution Approving the Purchases of a Dump Truck & Various Heavy Construction Equipment
B. Quote - Dump Truck Model Ford F- 650
C. Quote - Caterpillar Model 303. 5 mini excavator
D. Quote - Case Model DV26 E vibratory roller
E. Quote - Case Model 570N EP skip loader
F. Quote - Caterpillar Model 299D3 skid steer tractor
G. Quote - Caterpillar Model PC310 Asphalt Grinder
H. Quote - Caterpillar 24" Compaction Wheel
67 CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

APPROVE PURCHASES OF A DUMP TRUCK & VARIOUS HEAVY

CONSTRUCTION EQUIPMENT
APPROVALS:
r •- i
S. , 23
Steven Hollenbeak Date
Assistant Engineer
8- Z3
Ken Reed Date
Senior Construction Manager
a c I o / Z3
Cari James Date
Director of Finance
q - Zd23
Michael King Date
Assistant Ci y Manager
Salvador Navarrete Date
City Attorney
FoR 8 o • z o z3
Stephen J. Salvatore Date
City Manager
68 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING PURCHASES OF A DUMP TRUCK & VARIOUS HEAVY

CONSTRUCTION EQUIPMENT
WHEREAS, as the City expands, reliable heavy machinery becomes crucial for seamless operations, timely project completions, and enhanced community service; and
WHEREAS, a dump truck and various heavy construction equipment with two attachments are needed to replace existing equipment at the end of their service life; and
WHEREAS, in accordance with Lathrop Municipal Code ( LMC) 2. 36, staff requested multiple quotes from vendors for the proposed equipment, with a minimum of three ( 3) quotes per item. The following equipment options are most suitable for the City' s needs; and
WHEREAS, staff is requesting Council' s approval to purchase the following items:

DESCRIPTION BRAND / MODEL VENDOR UOTE # PRICE
Dum Truck 2023 Ford F- 650 Bi Valle Ford 134015 111, 224 Mini Excavator Cater illar 303. 5 Holt of CA 148880- 02 $ 87, 196 Vibrator Roller Case DV26 E Sonsra 580 55, 666
Ski Loader Case 570N EP Sonsra 579 109, 296
Skid- Steer Tractor Cater illar 299D3 Holt of CA 149086- 02 $ 120, 581 As halt Grinder Cater illar PC 310 Holt of CA 149094- 02 $ 33, 158 Com action Wheel Cater illar, 24" Holt of CA 149706- 02 $ 4, 981 Total 522, 102
WHEREAS, sufficient funds were included in the fiscal year 2023- 24 adopted budget for the proposed purchase totaling $522, 102; and WHEREAS, the cost of the proposed equipment listed above was identified in the biennial budget for fiscal year 2023- 24 adopted June 14, 2023, Resolution Number 23- 5322, and will be paid from the following funds:

Fundin Source Amount
2080- 50- 10- 450- 20- 00 $ 421, 500
5620- 50- 50- 450- 20- 00 $ 35, 000
The remaining $ 66, 364 will be carried over from fiscal year 2022- 23 to fiscal year 2023- 24 and will be paid from the following funds:

Fundin Source Amount
6010- 50- 30- 450- 20- 00 $ 32, 801
6080- 50- 34- 450- 20- 00 $ 32, 801
69 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby approve the purchases of the above heavy equipment as listed above for a total amount of $ 522, 102.
70 The foregoing resolution was passed and adopted this 14th day of August, 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 71 ATTACHMENT

I L I N C O L N
r •
BUYER CO- BUYER eai#: 134015

CITY OF LATHROP
Deal 7ype: Retail
390 TOWNE CENTRE DR Deal Date: O7/ 31/ 2023
LATHROP, CA 95330- 9358 Print Time: 09: 19am
Work#: ( 209) 992- 0044
Email: mlamas@d. lathrop. ca. us
Salesperson: TIMOTHY A RUBIfVO

VEHICLE
New n
Stock#: Dpscription: VIN: Mileage:
o
W1472 2023 FORD TRUCK F65d REG CAB iFDNF6DE5PDF08248 98 TRADE
r_
pFTERMARKETS
J
Sale Price: 100, 900. 00
Total Rnanoed Aftermarkets: 0. 00
i Total Trade Allowance:

Trade Difference: 100,900. 00
j pa Fee; 85. 00
I State& Local Taxes: 8, 836. 19
Total License and Fees: 1, 402.75
Total Cash PHce: 111, 223. 94
Total Trade Payoff: 0.00
Total APoermarke s: 0. 00
Delivered Pr1ce: 111, 223. 94
Cash Down Payment+ Deposit: 0.

Sub Total: 111, 223. 94
Service Agreement: 0.

0. Maintenance Agreement: 0.

Amount Financed: 111, 223. 94 i GAP Fnsurance:

Credit life, Accident& Health:

Other: 0.00
Amount Flnanaed: 111, 223. 94
3282 Auto Center Circle • Stockton, CA 952I 2- 2836
a ertified Phone( 209) 870- 4400 • Fau( 209) 870- 4488 • www.bigvalleyonline. com 72 ATTACHMENT
M C q
Quote 148880- 02
HC LT
of c
Jun 20, 2023

CITY OF LATHROP
390 TOWNE CENTRE DR
LATHROP CA 95330,
Account# 54170
Attention: KEN REED
New Caterpillar Model: 303. 5 Mini Excavator Equipment with all standard equipment in addition to the additional specifications listed below:

STOCK NUMBER: M23276 SERIAL NUMBER: ORE901746 YEAR: 2022 SMU: 1

ADDITIONAL
v._____._______.._,._.._..,..__._...__.__.___
SPECIFICATIONS CONTRACT# 032119- CAT
Reference# Description of Material and Equipment Reference# Descript on of Material and Equipment 616 3222 303 5 07A CR MHE CFG14B 592 1442 fCWT EXTRA 550LBS F..._...__ __.._._.____._ ..__. e__.,___.._ . ---. _.... _._____. _.__._ ____.....____—_, 558 1751 1303 5 07A CR HYD 599- 7202 SEAT BELT 3 RETRACTABLE r ___ _ _ __
542 1495 12 WAY CONTROL
T_
563- 6658 CANOPY ROPS
557- 1709 SOFTWARE, PROPORTIONAL CONTROL 519- 9266 SEAT SUSPENSION VINYL e__. .
557- 1710 SOFTWARE STICK STEER CONTROL 580 7179 MONITOR NEXT GEN NO CAMERA W...._ ....._.__.__.—,
557 1713 kSOFTWARE CODED START iATTACHMENTS
E558 1744 ALARM TRAVEL 48871 COUPLER, PG, HYDR D LOCK 3- 4T w___._..__._ e ee_ ______.. . ___ __... w _ _..__..__._.._____, 573- 4364 DRAIN, ECOLOGY A49251 THUMB, HYDRAULIC, 3- 4T M_ ---. ___..._..____.__ _ .._._ __ __,. _._---------,
576- 2961 ENGINE, EPA TIER A48717 CAT B4 HAMMER v_.__._ .._ ..... 525- 4465
N.._._
CAT KEY, WITH PASS CODE OPTION A8932 AUGER, A41, MHE 3T, 40MMr_.....__._.._ ._..,. M__._._.___V._._..___ 566- 2914 TRACK, 12", RUBBER A47080 6" AUGER BIT F.__..___ _._ e,____.,__..._._..______....._.__.. 568- 5199 BLADE ANGLE BOCE A49050 12" AUGER BIT
w________..__.
568 5200 TRAVEL LEVERS AND PEDALS A46745 18" BUCKET HD
3571 9661 jSTICK, LONG W/ THUMB BRACKET A47340 24" BUCKET HD v_ j571 9665 UNDERCARRIAGE, FIXED ANGLE BLD A47906 347 BUCKET GRADING i575- 5041 iCONTROL, QC, 3 LINE, LNG, A BLD 582- 1502 TOOL, SPADE TRANSVERSE, B4

WARRANTY INFORMATION
Standard Warranty: 24 Months or 2, 000 Hours
Extended Warranty: 60 Months or 2500 Hours Powertrain+ Hydraulics+ Tech CSA Dry Filters Parts Kit- 24 Months or 1000 Hours
Machine list Price 70, 704. 00
Machine Price after Discount 56, 563. 20
Machine work tools Buckets Hammer, Auger, and Assembly 21, 489. 85 Machine Pre , Frei ht, Fuel and Warranty 3, 577. 71
Ext Warranty Inc
Net Balance Due 80, 179. 79
Sales Tax( 8. 75%) 7, 015. 73
CSA Included
After Tax Balance 87, 195. 52

Page 1 of 2 ends

73 Quote 148880- 02

STANDARD EQUIPMENT
POWERTRAIN- Cat C1. 7 NA engine-( U. S. EPA Tier 4 Final/- JAPAN MLIT Tier 3)- Automatic engine idle- Automatic engine shutdown- Automatic two speed travei- Fuel water separatorUNDERCARRIAGE- Track, 300 mm ( 11. 8")- Dozer blade( BOCE) with float- Tie downs on track frameHYDRAULICS- Variable displacement piston pump- Smart tech electronic pump- Load sensing/ flow sharing hydraulics- Automatic swing brake- Hydraulic lockout- all controls- One and two way auxiliary flow- Continuous auxiliary flow- Bio oil capable ELECTRICAL- 12 volt electrical system- Software( machine and monitor)- 65 ampere alternator- 650CCA maintenance free battery Battery disconnect- Signaling/ warning horn- 12 voit power socketOPERATOR ENVIRONMENT- Product link PLE243( regulations apply)- Cab sound pressure 94dB( A) ISO 6395- Coat hook- Next generation color LCD monitor( IP66)— Fuel level and coolant temperature- gauges— Maintenance and machine monitoring Performance and machine adjustments— Numeric security code-- Multiple languages INSTRUCTIONS- United States and Canada— Accumulator, certified— Retractable high visibility- seat belt 75mm( 3")— Ecology drain engine-- Auxiliary hydraulic lines— Auxiliary line quick disconnects- South America-- Accumulator, certified-- Retractable high visibility- seat belt 75mm( 3")— Ecology drain- engine— Auxiliary hydraulic lines— Auxiliary line quick disconnects- REGIONAL STANDARD EQUIPMENT INCLUDES:-
OTHER STANDARD EQUIPMENT- Boom light- Travel cruise control- Joystick travel and steering mode- Beacon socket- Lockable fuel cap- enclosure doors- Door locks on cab door and external- Caterpillar corporate" one key" system- Control Pattern ChangerOPERATOR ENVIRONMENT- Mounting bosses for front guard- Skylight- Storage pocket- Tilt operator station- Removable washable floormat- Retractable high visibiliiy seat belt- Non suspension vinyl seat- Adjustable wrist rests- Top guard ISO 10262: 1998 Levei I TOPS- ISO 12117: 1997- ROPS- ISO 12117- 2: 2008- Utility space for mobile phone- Cup Holder— Hour meter with wake up switch This quote is good for( 30) days. Any machine quoted outside of HOLT of CALIFORNIA' s inventory is subject to revision All quotes are subject to credit approval and prior sale. Any quoted interest rates are subject to change without notice. Quote is void unless machine is delivered, and remains, within HOLT of CALIFORNIA' s Dealership territory for two years or unless the machine has at least 1000 hours if delivered outside of HolYs territory.

THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE ARE PART OF AND INCORPRORATED IN THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSIDERED ENFORCEABLE UNTIL ACCEPTED BY HOLT AND EXECUTED BY ITS OFFICE. ANY INDIVIDUAL SIGNING THIS AGREEMENT REPRESENTS AND WARRANTES THAT HE/ SHE IS AT LEAST 18 YEARS OLD AND HAS THE AUTHORITY TO BIND CUSTOMER TO THE TERMS OF THE AGREEMENT.

Accepted by Date,
Piease Print)
Signature
Sincerely,
Jason Hjelmstad
Territory Manager
Earth Moving Division
Holt of California
j hjelmstad@holtca. com
Cel I 209- 321- 2831

Page 2 of 2 ends

74 1041 S. Pershing Ave.• Stockton• CA• 95206 TEL:( 209) 464-9600 www.5onsravMachinerv. com ATTACHMENT
N
Ship To: CITY OF LATHROP Stockton
390 TOWNE CENTRE DR August 7, 2023 mtitus- 0580
LATHROP CA 95330 BP0032205 209- 941- 7430
Invoice To: CITY OF LATHROP Purchase Order:
390 TOWNE CENTRE DR
LATHROP CA 95330 Sales Person: Michael Titus
Attention: KEN REED

EQUIPMENT QUOTE/ SALES ORDER
CASE DV26 Serial#: Factory Order Stock#: N. I. S. 48, 000. 00 GOVERNMENT DISCOUNT****
NEW CASE EQUIPMENT DV26E RP SM DBL 47"/ YANMAR DIESEI ENGINE- TIER IV EMISSION CERTIFIED.

47. 2" OVERALL DRUM WIDTH/ SMOOTH DRUM/ FOLDABLE ROPS W/ BEACON LIGHT/ 5850 LBS OPER-WEIGHT.

LATERAL MOVING SUSPENSION SEAT W/ FOLDABLE ARMS/ DUAL VIBRATION& FRONT DRUM VIBRATION CONTROL.

HYDROSTATIC DRIVE FRONT& REAR DRUM/ ADDITIONAL WORK LIGHTS/ ROAD LIGHTS( 2- FRONT/ 2- REAR).

RIGHT SIDE DRIVE LEVER/ INLINE DRUM/ TILTABLE DRUM SCRAPERS WATER TANK w/ LOCKING CAP/ ROTATING BEACON LIGHT/ 3" SEAT BELT. x***************** a*******
1 YR UNLIMITED WARANTY
5 YR 3000 HOUR EMMISSIONS WARRANTY
Quote Expires 8/ 31/ 2023*** Financing Available on Approved Credit( OAC)*** Unit Based on Availability*** QUOTED PRICE IS NOT GUARANTEED, AND SUBJECT TO MANUFACTURER' S PRICE INCREASES, INCLUDING ANY ADDITIONAL SURCHARGES*** SONSRAY SIGNATURE SERVICE— A commitment to providing excellent service and care when you purchase a new piece of equipment from Sonsray Machinery.

DRY FILTER PARTS KIT- 24 MONTHS OR 1000HRS 1, 670. 00
60/ 2500( PT EXPANDED) 1, 150.00
Quoted Price 50, 820. 00
Sales Tax 8. 75% 4, 446. 75
Processing Fee 399. 00
Cash Due or Finance Amount 55, 665. 75
NOTICE TO Caution. Do not sign this contract before you thoroughly read both pages 1 and 2 of it or if it contains blank PURCHASER spaces, even if otherwise advised.

You are entitled to an exact and completely filled in copy of this Sales Order when you sign it. Keep it to protect your legal rights.

Store Manager signature required for final acceptance of Sales Order.

THIS AGREEMENT IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE. CUSTOMER HAS HAD THE OPPORTUNITY TO READ THE TERMS OF THIS AGREEMENT PRIOR TO SIGNING.

Purchaser' s Signature Sales Consultant Date
Print Name Date Accepted By Date

Page 1 of 2 ends

75 1. This is a cash transaction. If the Purchaser so requests prior to acceptance, the Cash Due on Deiivery may be financed as a time sale transaction, subject to credit approval. If this transaction becomes a time sale, Purchaser agrees( 1) to make payments pursuant to the Sonsray Machinery Accounts Receivable System Agreement, which is incorporated into this Purchase Order by reference, and( 2) that Seller retains a security interest in the goods described herein until all obligations of Purchaser are paid in full and discharged.

2. When trade- in equipment is not to be delivered to the Seller until delivery of the equipment purchased by this order, the trede- in equipment may be reappraised at that time and such reappraisal value shall determine the allowance made for such trade- in equipment. When the reappraised value is less than the original trade- in allowance shown on this form, the purchaser may terminate this order; however, this right of termination must be exercised prior to delivery of the equipment by Seller and surrender of the trade- in equipment to Seller.

3. The prices which Purchaser will pay for the new equipment set forth on the reverse side hereof shall be based upon the Case dealer price in effect on date of delivery of the new equipment. In the event Case dealer' s price is changed prior to delivery, the purchase price shall be adjusted accordingly. If such price change results in an increase, purchaser has the option of canceling the order in writing immediately on being notified thereof.

4. The Seller shall be excused if delivery is delayed or rendered impossible by differences with workmen, strikes, work stoppages, car shortages, delays in transportation, inability to obtain labor or materials and also by any cause beyond the reasonable control of Seller, including but not restricted to acts of God, floods, fire, storms, acts of civil and military authorities, war and insurrections.

5. Purchaser shall keep the property free of all liens, taxes, encumbrances and seizure or levy, shall not use same illegatly, shall not damage, abuse, misuse, abandon or lose said property, shall not part with possession thereof, whether voluntarily or involuntarily or transfer any interest therein or remove same out of the county or filing district in which Purchaser resides as indicated herein without the prior written consent of Seller, shall keep said property insured in such amounts and with such insurer as may be acceptable to Seller with any loss payable to Seiler as his interest in the property may appear.

6. Time is of the essence of this contract and if purchaser fails to comply with any of the terms and conditions hereof or defaults in the payment of any installment hereunder or under any renewal or renewals hereof, or in the payment of interest or defaults in the payment of any installment due under any other indebtedness of contrect held by the Seller or Assignee, or if proceedings are instituted against Purchaser under any bankruptcy or insolvency law or Purchaser makes an assignment for the benefit of creditors or if for any reason the Seller deems himself insecure and so declares all payments heretofore made by Purchaser shail be retained by the seller and all indebtedness hereunder shall become immediately due and payable, with or without notice, together with all expenses of collection by suit or otherwise, including reasonable attorney fees and Seller may, without notice or demand, take possession of the equipment set forth on the reverse hereof, or any additions to, replacements of, or any proceeds from said equipment or may render the property unusable or Seller may require Purchaser to assemble the property and make it available at a place designated by Seller. Seller may resell the retaken property at public or private Sale in accordance with the Uniform Commercial Code or applicable state or provincial law. After deducting reasonable expenses for retaking, repairing, holding, preparing for sale, other selling expenses including attorney fees and legal expenses, the remaining proceeds of Sale shall be credited upon the amount of indebtedness remaining unpaid hereunder, and Purchaser agrees to pay any deficiency upon demand by Seller, any surpius, however, shall be paid to Purchaser. Said retaking or repossession shall not be deemed rescission of the contract. Seller may exercise any other rights and remedies provided by applicable law.

7. No waivers or modifications hereof shall be valid unless written upon or attached to this contract. Waiver or conditions of any breach or default hereunder shall not constitute a waiver of any other or subsequent breach or default. Payments received by Seller are to be applied first to delinquent interest and then to principal.

8. The remedies provided for herein are not exclusive and any action to enforce payment shall not waive or affect any of the holder' s rights to have recourse to the property. The transfer of this contract shall operate to pass a security interest in the property as security for the payment hereof.

9. Any provision of this contract prohibited by the laws of any state, the United States, any province of Canada, shall be ineffective to the extent of such prohibition without invalidating the remaining portions of the contrect.

10. Each maker, endorser, guarantor and surety hereon severally waives presentment, demand protest, and notice of non- payment and all defenses of want of diligence in collection and bringing suit. This contract shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, personal representative, successors, and signs.

11. Buyer authorizes Seller to insert the Serial and/ or model numbers of the goods set forth on the reverse side hereof for the purposes of identifying said goods. The seller may correct patent errors herein.

Page 2 of 2 ends

76 o11G
CASE DV26E

VIBRATORY TANDEM ROLLER
TIER 4 F/NAI. CERT/ F/ED
0 a` ' 4- point lift and tie down provision
Insulated from chassis by flexible shock
Flip open hood
Spin- on fuel, engine oil, and hydraulic filters
absorbers; Handrail; Instrument panel; Steering wheel spinner knob Anti- vandal guard; Lateral sliding seat; Foldable
ROPS protection; Electronic single lever speed
g m .!
and direction control with integrated RPM setting,
parking brake, vibration, drum sprinkling, edge Lateral shifting suspension seat w/ foldable arms cutting activation( up/ down). 3 in( 76. 2 mm) retractable seat belt Emergency stop button
p. . Electric fuse protection
Drive lever with vibration and water switch
Operating weight 5, 490 ib( 2 490 kg)
Max. weight 5, 970 Ib( 2 710 kg) e . •-
Front static linear load 22. 7 Ib/ in( 10. 3 kg/ cm) Make Kubota D1803 Battery Emissions Certification Tier 4 Final Engine oil pressure Type Diesel
f
Intake preheater
Fuel tank 92 gal( 35 L)
Engine temperature
Cylinders 3 Parking brake on/ off
Engine oil 7. 4 qt( 7 L)
Bore/ H draulic oil tem erature Stroke 3. 46 x 3. 54 in Y P 88 x 90 mm) Cooling system 7. 1 qt( 6. 7 L) Low fuel indicator a a H draulic s stem— reservoir 7. 5 al 28. 5 L
Worklight indicator
Displacement 111 in ( 1 826 cm) Y y 9
Turn signal indicator
Fuel 2 Diesel Water tank 50.2 gal( 190 L)
Fuel gauge
Cooling Liquid Operator hours
Rated engine speeds 2100/ 2400 RPM
Horsepower 2400 RPM: Steering:

Gross 33.5 hp( 25 kV Type Oscillation/ Articulated
pressurized water system
Method Hydrostatic
Maximum Engine Torque C 3 1500 RPM: 2- stage water filtration Pump type Gear

85. 4 Ib ft( 115. 8 Nm)
Steering angle— left and right 30°
Water system drains
502 gal( 190 L) Polyethylene water tank
Oscillation angle+/- 6. 5°
g
Inside turning radius 100 in( 2 540 mm)
Drive Hydrostatic Outside turning radius 153. 9 in( 3 910 mm) s
Max. working speed 3. 7 mph( 6. 0 kph) Vibration: Dual drum vibration System design Series Dual frequency vibration
Max. travel speed 6. 8 mph( 11 kph)
pump type Gear Front/ Dual drum vibration control
Service brake Hydrostatic Drum vibration Front and rear Auto vibration stop in neutral Parking brake SAHR Frequency:

Emergency brake SAHR
Low 3, 480 vpm( 58 Hz)
p,
High 3, 960 vpm( 66 Hz)
Drum drive Front and rear Number of amplitudes 1
Drive pump motors: Amplitude 0. 02 in( 0. 53 mm)
Variable displacement 1 Centrifugal force— each drum: Rotating beacon Fixed displacement 2 10, 566 Ib( 47 kN) Weather canopy
Max. relief pressure 5, 221 psi( 36 MPa) Steel canopy
Gradeability( vibration of 30°/ a( 30%)
2 in( 51 mm) retractable seat belt
Tiltable drum scraper
Infrared thermometer
Edge cutter
Voltage 12 Volts
Foldable ROPS 2 Front and 1 Rear road light, turn
Anti- vandal guard signals and flashers
Battery 1 x 12 Volt Hydrostatic drive for both drums Traction assist Battery reserve capacity 77 Ah/ 20 hour Articulated chassis 2 lights on ROPS( N/ A on Weather Canopy) Cold cranking amps 760 CCA Hydraulic oil cooler Arm rests on seat Backup alarm Right& Left Side drive levers
Tapered drum edges Heated seat
Vulcollon scrapers— adjustable ACE Force Intelligent compaction Master disco nect switch Locking water tank cap
Horn
Hourmeter
1 of 2
77 iip K
G
iid
D
e
E
B II .
a
e o = 8
0 o
e
H
ii. 0 ii 0
B •
C
A
F F
Line drawings are for illustrative purpose only and may not be exact representation of unit.

A. Wheelbase 68. 5 in( 1 740 mm)
B. Drum diameter 27. 4 in( 695 mm)
C. Ground clearance 11. 0 in( 280 mm)
D. Overall height 100. 4 in( 2 550 mm)
E. Folded ROPS height 76. 2 in( 1 935 mm)
F. Overall length- ROPS down 101. 8 in( 2 585 mm)
G. Overall length- ROPS up 98. 4 in( 2 500 mm)
H. Drum width 47. 2 in( 1 200 mm)
I. Overali width 53. 1 in( 1 350 mm)
J. Drum thickness 0. 5 in( 13 mm)
K. Drum offset 1. 6 in( 40 mm)
OO 2020 CNH Industrial America LLC. All rights reservetl. CASE is a IMPORTANT: CASE Constructlon Equipment Inc. reserves ihe right BiOdiese/ CASE Construction Equipment is biodieseltrademark registered in the United States and many other countries, to change these specifications without notice and without incurring adJ! friendly. NOTE: All engines meet current EPA ownetl by or licensed to CNH Industrial N. V., its subsidiaries or any obligation relating to such change. Availability of some models emissions regulations. All specifications are affiliates. CNH Industrial Capital is a trademark in the Unitetl St2tes antl equipment builtls vary according to the country in which the stated in acwrdance with SAE Standards or and many other countries, owned by or licensed to CNH Intlustrial equipment is used. The illustrations and text may inclutle optional Recommended PracUces, where applicable.

N. V., its subsidiaries or affiliates. Printed in U. S.A. Contains 10% equipment and accessories and may not include all standard SaFeTv Always read the Operator' s Manual before post- consumer fiber, equipment. Your CASE dealeddistributor will be able to give you EYEB NUIIiS operating any equipment. Inspect equipment details of ine producis and their specifications available in your area. before using it, and be sure it is operating
properly. Follow the product safety signs and
Form No. CCE202003DV26E use any safery features provided.

Replaces Form No. CCE202002DV26E
DV26E 2 of 2
78 30415. Pershing Ave.• Stockton• CA• 95206 TEL:( 209) 464-9600 www. 5on sravM achi nerv. com

ATTACHMENT
E .,
Ship To: CITY OF LATHROP Stockton
390 TOWNE CENTRE OR August 7, 2023 mtitus- 0579
LATHROP CA 95330 BP0032205 209- 941-7430
Invoice To: CITY OF LATHROP Purchase Order:
390 TOWNE CENTRE DR
LATHROP CA 95330 Sales Person: Michael Titus
Attention: KEN REED

EQUIPMENT QUOTE/ SALES ORDER
CASE 570N EP Serial#: Factory Order Stock#: N. I. S. 98, 000. 00 NEW CASE 570N EP TIER 4 FINAL LOADER SCRAPER
ROPS CANOPY/ TIRES FRONT 12X16.5 REAR 19. 5X24
RIDE CONTROL/ COMFORT STEER/ MECHANICAL SUSPENSION SEAT 3" SEAT BELT BUCKET 82" 41N1/ COLD STAR DUAL BATTERY/ HAIOGEN WORK LIGHTS

LIGHT FRONT COUNTER WEIGHT/ REAR COUNTER WEIGHT
DUAL TILT CYLINDER W/ HOLDING VALVE/ 84" GANNON BOX SCRAPER WITH RIPPER SHANKS s**** s*** r*******
1 YR UNLIMITED WARANN
5 YR 3000 HOUR EMMISSIONS WARRANTY
Quote Expires 8- 31- 23*** Financing Available on Approved Credit( OAC)*** Unit Based on Availability QUOTED PRICE IS NOT GUARANTEED, AND SUBJECT TO MANUFACTURER' S PRICE INCREASES*** SONSRAY SIGNATURE SERVICE— A commitment to providing excellent service and care when you purchase a new piece of equipment from Sonsray Machinery.

PwrTrn& Hyd 36/ 5000($ 0 Deductible) 1, 305. 00
DRY FILTER PARTS KIT- 24 MONTHS OR 1000HRS 830. 00
Quoted Price 100, 135. 00
Sales Tax 8. 75% 8,761.82
Processing Fee 399. 00
Cash Due or Finance Amount 109, 295. 82
NOTICE TO Caution. Do not sign this contract before you thoroughly read both pages 1 and 2 of it or if it contains blank PURCHASER spaces, even if otherwise advised.

You are entitled to an exact and completely filled in copy of this Sales Order when you sign it. Keep it to protect your legal rights.

Store Manager signature required for final acceptance of Sales Order.

THIS AGREEMENT IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE. CUSTOMER HAS HAD THE OPPORTUNITY TO READ THE TERMS OF THIS AGREEMENT PRIOR TO SIGNING.

Purchaser' s Signature Sales Consultant Date
Print Name Date Accepted By Date

Page 1 of 2 ends

79 1. This is a cash transaction. If the Purchaser so requests prior to acceptance, the Cash Due on Delivery may be financed as a time sale trensaction, subject to credit approval. If this transaction becomes a time sale, Purchaser agrees( 1) to make payments pursuant to the Sonsray Machinery Accounts Receivable System Agreement, which is incorporated into this Purchase Order by reference, and( 2) that Seller retains a security interest in the goods described herein until all obligations of Purchaser are paid in full and discharged.

2. When trade- in equipment is not to be delivered to the Seller until delivery of the equipment purchased by this order, the trade- in equipment may be reappreised at that time and such reappraisal value shall determine the allowance made for such trade- in equipment. When the reappraised value is less than the original trade- in allowance shown on this form, the purchaser may terminate this order; however, this right of termination must be exercised prior to delivery of the equipment by Seller and surrender of the trade- in equipment to Seller.

4. The Seller shall be excused if delivery is delayed or rendered impossible by differences with workmen, strikes, work stoppages, car shortages, delays in transportation, inability to obtain labor or materials and also by any cause beyond the reasonable control of Seiler, including but not restricted to acts of God, floods, fire, storms, acts of civil and military authorities, war and insurrections.

5. Purchaser shall keep the property free of all liens, taxes, encumbrances and seizure or levy, shall not use same illegally, shall not damage, abuse, misuse, abandon or lose said property, shall not part with possession thereof, whether voluntarily or involuntarily or transfer any interest therein or remove same out of the county or filing district in which Purchaser resides as indicated herein without the prior written consent of Seller, shall keep said property insured in such amounts and with such insurer as may be acceptable to Seller with any ioss payable to Seller as his interest in the property may appear.

6. Time is of the essence of this contract and if purchaser fails to comply with any of the terms and conditions hereof or defaults in the payment of any installment hereunder or under any renewal or renewals hereof, or in the payment of interest or defaults in the payment of any installment due under any other indebtedness of contract held by the Seller or Assignee, or if proceedings are instituted against Purchaser under any bankruptcy or insolvency law or Purchaser makes an assignment for the benefit of creditors or if for any reason the Seller deems himself insecure and so declares all payments heretofore made by Purchaser shall be retained by the seller and all indebtedness hereunder shall become immediately due and payable, with or without notice, together with all expenses of collection by suit or otherwise, including reasonable attorney fees and Seller may, without notice or demand, take possession of the equipment set forth on the reverse hereof, or any additions to, replacements of, or any proceeds from said equipment or may render the property unusable or Seller may require Purchaser to assemble the property and make it available at a place designated by Seller. Seller may resell the retaken property at public or private Sale in accordance with the Uniform Commercial Code or applicable state or provincial law. After deducting reasonable expenses for retaking, repairing, holding, preparing for sale, other selling expenses including attorney fees and legai expenses, the remaining proceeds of Sale shali be credited upon the amount of indebtedness remaining unpaid hereunder, and Purchaser agrees to pay any deficiency upon demand by Seller, any surplus, however, shall be paid to Purchaser. Said retaking or repossession shall not be deemed rescission of the contract. Seiler may exercise any other rights and remedies provided by applicable law.

Page 2 of 2 ends

80 sk P r d, r
CaSE 570N EP
1 I'

LOADER/ TOOL CARRIER
TIER 4 FINAL CERTIflED
a. •- •
r
v; b.,, Transmission- standard: ROPS/ FOPS certified protective canopy; 4F- 4R Power Shuttle Synchromesh 2 halo9 9 en headli hts; 2 rear flood li 9 hts; 2 rear Transmission manual gear shift, tail and stop lights; 2 front flashers/ turn lights; fully synchronized 2 rear flashers/ turn lights; Anti- vandalism cover for dash and front console- w/ canopy only;
Gear ratios Forward/ Reverse Pre- wired for radio- cab only; Rear fenders w/ 1st 5. 603/ 5. 603 storage tray and molded beverage and thermos 2nd 3. 481/ 3. 481 holder; Coat hook w/ garment strap; Interior 3rd 1. 584/ 1. 584 rearview mirror; non- suspension seat- 15 degree i
I „' ' 4th 0. 793/ 0. 793 and 30 degree swivel to the right; 2 in( 51 mm) Travei speeds' mph( kph) retractable seat belt; Cup holder/ storage tray 1 st 3. 8( 6. 1)
mounted on LH fender.
2nd g. g. g
Gauges:
3rd 12. 8( 20.6) Engine water temperature; Converter oil 4th 24.0( 38. 6)
temperature; Fuel level; Tachometer/
Model hourmeter; Voltmeter. FPT F5HFL463D Torque converter ratio' 3. 01 Emissions Certification Tier 4 Final Warning lights:

Differential- lock On- the- go Air cleaner restriction; Alternator; A/ C high Type Diesel 4- stroke, Turbocharged push- button activation pressure; Cold start; Engine oil pressure low; Hydraulic oil filter bypass; Parking brake Cylinders 4 Front 4WD/ Rear axle`: engagement; Low fuei; Water in fuel.

Bore/ Stroke 3. 90 x 4. 33 in Differential ratio 2. 0/ 2. 5 Audible alarms:
99 x 110 mm) Planetary hub ratio 6. 0/ 6. 4
Coolant temperature; Engine oil pressure; Total reduction ratio 12. 0/ 16. 0 Displacement 207 in3( 3. 4 L) parkin9 brake en9 9a ement; Shuttle Axies rating: engagement/ seat position; Backup; Horn. Fuel injection Direct, high pressure Maximum static- Ib k common rail- HPCR g'
70,821 ( 32 124)/ 90, 145( 40 889)/
o ,
Fuel Diesel 58, 448( 26 511)
Cooling Charged air Dynamic operating- Ib( kg): Configuration 1- Lightest:

Engine speeds RPM 44, 261 ( 20 076)/ 56, 200( 25 492)/ 82 in( 2. 08 m) Standard bucket, 4WD,

19. 5 L x 24. 0 rear tires, ROPS cano
Rated speed- fuil load 2200 35,575( 16 136) pY
suspension seat, dual batteries, no operator:

Low idle 900- 1000 Static operating- Ib( kg): 11, 134 Ib( 5 051 kg) High idle- no load 2330- 2430 17, 704( 8 030)/ 22, 480( 10 197)/ Configuration 2- Heaviest:

Horsepower C 2200 RPM: 14, 230( 6 455)
82 in( 2. 08 m) 4 IN 1 bucket, 4WD,
Gross 74 hp( 55 kV1 Service brakes: 19. 5 L x 24. 0 rear tires, enclosed cab, Net' 72 hp( 54 k11 Individualiy applied, hydraulically actuated, suspension seat, dual batteries, no operator, Maximum torque( 1400 RPM: maintenance- free, outboard mounted, 440 Ib front weight, 3- point hitch, box scraper:

Gross 235 Ib ft( 316 N• m) wet disc, 2 per side. 14, 508 Ib( 6 581 kg) Net' 228 Ib•ft( 310 N m) Parking brakes Trans Mounted Attachments:

Torque rise at rated speed 35%+/- 5% spring- applied 82 in( 2. 08 m) buckets:
hydraulic release- SAHR 41N 1 1, 451 Ib( 658 kg) Radiator:

General purpose 686 Ib( 311 kg) Core Size area 486 in2( 3 145 cm2) NOTE: Travel speeds at 2293 engine RPM Box scraper 1, 592 Ib( 722 kg) Rows of tubes 5 W 9. 5 L x 24. 0 rear tires. 33 Degree fan:

Specs listed will differ w/ PTO option. Cab- over canopy 646 Ib( 293 kg) Style 7 blade suction
Driveshaft guard 218 Ib( 99 kg)
Ratio 1. 1: 1 Weights:

Water pump style Integrai Voltage 12 Volts
Counterweight 3, 000 Ib( 1 360 kg)
Rear weight 500 Ib( 227 kg) Engine oil CJ- 4- semi- synthetic 10W40 Alternator 120 amp Front weight 440 Ib( 200 kg) Pump operating angle ratings: Battery 850 cold- cranking amps Side to side Rated 35°
Opt. batteries- 2 850 cold- cranking amps
Fore and aft Rated 35°
Oil filtration Replaceable, spin on
Power plugs- 2 30 amps total
NOTE:' with viscous fan.
1 of 4
81 a
Pump Gear pump 3- point hitch:

Capacity 28. 5 gal/ min 3, 000 psi Category I& II 3- point hitch 108 Umin 207 ba) Hydraulic lift, pitch, tilt and 2 auxiliary remotes Vertical lift force:

Lowest point 2, 500 Ib( 11 121 N)
1/ 5 3, 247 Ib( 14 444 N)
Fuel tank 30 gal( 114. 0 L) 2 5 3, 400 Ib( 15 125 N)
Hydraulic system: 3/ 5 3, 501 ib( 15 574 N)
Total 72 qt( 68. 0 L) 4/ 5 3, 297 Ib( 14 666 N)
Reservoir w/ filter 58 qt( 55.0 L) Highest point 2, 984 Ib( 13 274 N) Resenroir w/ o filter 56 qt( 53. 0 L) Front tires:

Transmission: 2WD- 11. 0 L x 16. 0, 10- ply rating
2WD- total 18 qt( 17. 0 L) 4WD- 12. 0 L x 16. 5, 8- ply rating Reservoir 11 qt( 10.4 L) Rear tires:
4WD- total 21 qt( 20. 0 L) 2/ 4WD- 19. 5 L x 24. 0, 10- ply rating Reservoir 14 qt( 13. 2 L) 2/ 4WD- 17. 5 L x 24. 0, 10- ply rating Front axle:

Differential 5. 8 qt( 5. 5 L)
Planetaries- each 0. 7 qt( 0. 7 L)
Rear axle:

Differential 14. 4 qt( 13. 6 L)
Engine oil w/ filter 8. 5 qt( 8. 0 L)
Cooling system 18. 3 qt( 17. 3 L)
Turning radius- curb to curb, no bucket:
2WD:

Brakes on 12 ft 2 in( 3. 70 m)
Brakes off 12 ft 10 in( 3. 91 m)
4WD- engaged:

Brakes on 11 ft 7 in( 3. 52 m)
Brakes off 13 ft 9 in( 4. 18 m)
4WD- disengaged:

Brakes on 12 ft 3 in( 3. 72 m)
Brakes off 12 ft 11 in( 3. 92 m)
570N EP 2 of 4
82 L
0 F
H
D
B
K
A o G
C
J

N O - --
E
M
Line drawings are for illustrative purpose only and may not be exact representation of unit. 3 a ! ' B 0

19.5 L x 24. 0 Tires 17. 5 L x 24. 0 Tires
A. Height to:

Top of canopy 9 ft 0 in( 2. 74 m) 8 ft 9 in( 2. 67 m)
Height to top of canopy- Low profile ROPS 8 ft 9 in( 2. 65 m) 8 ft 6 in( 2. 59 m) Topofcab 9ft0in( 2. 74m) Sft10in( 2. 68m)
Long Lip Bucket 4 IN 1 Bucket
B. Bucket hinge pin fully raised 11 ft 3 in( 3. 41 m) 11 ft 3 in( 3. 41 m) C. Bucket hinge pin at SAE carry 1 ft 1 in( 0. 33 m) 1 ft 3 in( 0. 37 m) D. Overall operating height- fully raised 13 ft 8 in( 4. 17 m) 14 ft 3 in( 4. 35 m) E. Overall length with 3- point hitch 16 ft 11 in( 5. 15 m) 16 ft 9 in( 5. 09 m) Width over tires:

11. OLx16. 0 6ft8in( 2. 02m) 6ft8in( 2. 02m)

12.OLx16.5 6ft10in( 2. 06m) 6ft10in( 2. 06m)

19.5Lx24. 0 6ft10in( 2. 07m) 6ft10in( 2. 07m)

17.SLx24. 0 6ft10in( 2. 07m) 6ft10in( 2. 07m)
F. Dump angle at full height 46° 45°
G. Dump clearance at full height, 45° dump:

Bucket 8 ft 8 in( 2. 63 m) 8 ft 11 in( 2. 71 m)
Clam open 9 ft 8 in( 2. 93 m)
H. Dump reach at full height, 45° dump:

Bucket 2 ft 2 in( 0. 66 m) 2 ft 2 in( 0. 64 m)
Clam open 11. 9 in( 0. 3 m)
Bucket rollback:

J. at Groundline 40° 40°
K. at SAE carry 45° 45°
L. at Full height Adjustable Adjustable
M. Digging depth below grade:

Bucket flat 7. 5 in( 0. 19 m) 6. 8 in( 0. 17 m)
Clam open- dozing 4. 1 in( 0. 10 m)
Ground clearance at front axle 10.9 in( 0. 28 m) 10. 9 in( 0. 28 m) N. Wheelbase 7 ft 0 in( 2. 13 m) 7 ft 0 in( 2. 13 m)
O. Reach from front axle centerline- bucket on ground 6 ft 3 in( 1. 89 m) 6 ft 1 in( 1. 85 m) Maximum clam opening 3 ft 3 in( 0. 97 m)
Moldboard height 3 ft 1 in( 0. 93 m)
Lift capacity to full height 6, 503 Ib( 2 950 kg) 6, 537 Ib( 2 965 kg) Breakout force:

Lift cylinders 9, 271 Ib( 41 239 N) 8, 766 Ib( 38 993 N) Dump cylinders 9, 607 Ib( 42 734 N) 10, 325 Ib( 45 928 N) NOTE: Loader dimensions taken with 4WD, 19. 5 L x 24. 0 rear tires and 82 in( 2. 08 m) general purpose bucket except as noted. 570N EP 3 of 4
83 tll g..

See page 1 Front axle, as selected: Gear pump:
2WD heavy- duty front axle with 28. 5 gal/ min 3, 000 psi

11. 0 L x 16. 0 tires 108 Umin C 207 bar)
4WD heavy- duty mechanically driven rear Heavy- duty hydraulic oil cooler FPT 3. 4 L diesel axle, with 12. 0 L x 16. 5 tires
7 micron, spin on oil filter
Cooled EGR Rear axle:

Diesel Oxidation Catalyst 2/ 4WD heavy- duty outboard planetary drive, F .

Full flow engine oil filter with 17. 5 L x 24. 0 tires
Air cleaner— replaceable dry type with 4F- 4R Power Shuttle Bucket position indicator radial seal Synchromesh transmission Lifting lugs on standard bucket Radiator with de- aeration bottle Torque converter Single lever control, Antifreeze to- 34° F(- 37° C) On- the- go electric 4WD control with Self- Leveling and Return- to- Dig Foot throttle Electric F/ R shuttle control Hand- operated clutch disconnects on Self adjusting belt Electric differential lock control, loader and shift levers Fuel filter with water trap with push- button activation; Located on Single lever 5- function loader control:
the loader control lever and side console Lift; Dump; Auxiliary function; Park brake, spring- applied, hydraulic release
Clutch cut- out; Differential- lock
i 7 1 E
Manual Ride Control Chaff screen— dealer installed option Auxiliary hydraulics for Comfort Steer Auxiliary work lights: loader-mounted equipment ROPS and FOPS certified protective canopy:
2 front and 2 rear flood for tall Hydraulic front quick coupler Short and standard height canopy and cab
Mechanical front quick coupler
ROPS certified cab with heater, defroster, Canopy sun visor— tall canopy only Buckets— less teeth:
front and rear wipers and floor mat 440 Ib( 200 kg) front counterweight g2 in( 2. 08 m) general purpose Long Lip,
Cab Convenience Package containing: Hand throttle— electric with bolt- on cutting edge— includes lift eyes Flip forward sun visor; Window washer— 500 Ib( 227 kg) counterweight, 82 in( 2. 08 m) general purpose Long Lip, front and rear; Radio Ready kit, including bolted to hitch frame without bolt- on cutting edge— wiring, speakers and DIN radio mounting; 5th spool auxiliary circuit for 3- point includes lift eyes Deluxe Interior Package hitch valve 82 in( 2. 08 m) 4 IN 1, includes 3 Bolt- on Air- conditioning for cab models Tool portfolio of additional attachments cutting edges; Unit must be equipped Mechanical suspension seat: 3- point hitch with 600 Ib( 272 kg) Plug in with auxiliary loader hydraulics With armrests— 15° and 30° swivel to the counterweight— cannot be used with PTO 93 in( 2. 36 m) light duty loader bucket right; Cloth or vinyl; Adjustable seat height,
Driveshaft guard Loader linkage without loader bucket
backrest angle; Lumbar and thigh support
Wide seat belt— 3 in( 75 mm) 3, 000 Ib( 1 360 kg) rear counterweight Drawbar e
Rear wheel weights 564 Ib( 256 kg)
Tool box— bolt- on step- mounted PTO:

Special paint
Cold Weather Starting Aid 540 RPM, hydrauliclly powered rear with dual 12 Volt batteries and glow plugs
PTO Ready. PTO hydraulic pump only,
Spare tires
Block heater
no motor
Master disconnect switch and remote
jump- start terminals
OO 2017 CNH Industrial America LLC. All righis reserved. CASE is a IMPORTANT: CASE Construction Equipment Inc. reserves ihe right Bjp p,/ CASE Construction Equipment is biodieseltrademark registered in the United States and many other countries, to change these specifications without notice and without incurring RCady friendly. NOTE: All engines meet current EPA ownetl by or licensed to CNH Industrial N. V., its subsidianes or any obligation relating to such change. Availabiliry of some models emissions regulations. All specifications are affiliates. CNH Intlustrial Capital is a tratlemark in the United States and equipment builtls vary according to the country in which ihe stated in accordance with SAE Standards or and many other countries, owned by or licensed to CNH Intlustrial equipment is used. The illustrations and teM may include optional Recommended Practices, where applicable.

N. V., its subsidiaries or affiliates. Printed in U. S.A. Contains 10% equipment and accessories and may not include all standard SaFeTY• Always read the Operator' s Manual before post- consumer fiber. equipment. Your CASE dealeddistributor will be able to give you FYERNURTS operating any equipment. Inspect equipment tletails of the protlucts and their specifications available in your area. before using it, and be sure it is operating
properly. Follow the product safety si9ns antl
Form No. CCE201704570NEP use any safety features provided.

Replaces Form No. CCE201701570NEP
570N EP 4 of 4
84 ATTACHMENT
N„
Quote 149086- 02
H+[LT
af C:a ti#'arnia
Jun 28, 2023

CITY OF LATHROP
390 TOWNE CENTRE DR
LATHROP CA 95330,
Account# 54170
Attention: KEN REED
New Caterpillar Model: 299D3 Compact Construction Equipment with all standard equipment in addition to the additional specifications listed below:

STOCK NUMBER: N@@d t0 Ot'd@i' SERIAL NUMBER: YEAR: SMU:

ADDITIONAL SPECIFICATIONS CONTRACT# 032119- CAT
Reference# Description of Material and Equipment Reference# Description of Material and Equipment 630- 7396 299D3 CTL DCA6D 536- 9738 SEAT,AIR SUSPENSION, CLOTH, HEAT 588- 9140 CAB PACKAGE, ULTRA 586- 1308 iDOOR, CAB, POLYCARBONATE 357- 0240 RUBBER BELT, 2 SPD, TF IDLERS 345- 6180 STANDARD RADIO( 12V), BLUETOOTH 389- 7672 TRACK, RUBBER, 450MM( 17. 71N) BLCK 542- 6994 3" SEAT BELT 512- 4414 HYDRAULICS, PERFORMANCE, ( H3) 465- 3705 DISPLAY, ADVANCED, LCD, CAMERA 512- 4115 CONTROL, ISO, PROP, WT 579- 8782 FAN, COOLING, DEMAND, REVERSING T
568- 5612 BATTERY, EXTRA HEAVY DUTY, DISC 573- 8121 PRODUCT LINK, CELLULAR PL641 495- 1671 LIGHTS, LED 512- 3401 QUICK COUPLER, HYDRAULIC 356- 6082 REAR LIGHTS 563- 1163 CERTIFICATION ARR, P65
512- 3368 ROPS, ENCLOSED WITH A/ C( C3) 568- 4704 FILM, TWO SPEED W/HIGH FLOW XPS 512- 4089 DEBRIS MGMT PKG, NONE( DMO) 279- 5377 80" BUCKET- GP, BOCE

WARRANTY INFORMATION
Standard Warranty: 24 Months or 2, 000 Hours
Extended Warranty: 60 Months or 2500 Hours Powertrain+ Hydraulics+ Tech CSA Dry Filters Parts Kit- 24 Months or 1000 Hours
Machine list rice 133, 000. 86
Machine price after discount 105, 070. 68
Machine Prep, Freight, Fuel and Warranty 5, 807. 74
Ext Warranty Included
Net Balance Due 110, 878. 42
Sales Tax ( 8. 75%) 9, 701. 86
CSA Included
After Tax Balance 120, 580. 28
F. O. B/ TERMS: EMD- STOCKTON

Page 1 of 2 ends

85 Quote 149086- 02

STANDARD EQUIPMENT
POWERTRAIN- Cat C3. 8 turbo aftercooled diesel engine-- Gross horsepower per SAE J1349- 98 hp( 73 kV @ 2400 RPM-- Electric fuel priming pump-- Air inlet heater starting aid-- Liquid cooled, direct injection- Air cleaner, dual element, radial seal- S- O- S sampling valve, hydraulic oil- Filter, cartridge type, hydraulic- Filters, canister type, fuel- and water separator- Radiator/ hydraulic oil- cooler side- by- side)- Spring applied, hydraulically released, - wet multi disc parking brakes- Hydrostatic transmission UNDERCARRIAGE- Dual flange front idler- Single flange rear idler- Suspension- independent torsion axle( 4)- Two speed motor HYDRAULICS- ISO or H pattern controls: - Electro/ hydraulic implement controi- Electro/ hydraulic hydrostatic- transmission control Speed sensor guardingELECTRICAL- 12 volt electrical system- 100 ampere alternator- Ignition key start/ stop/ aux switch- Lights:— LED work lights( 2 front, 2 rear)—Gauge backlighting— Two rear tail lights— Dome light- Backup alarm- Electrical outlet, beacon OPERATOR ENVIRONMENT- Operator warning system indicators:-- Air filter restriction-- Alternator output-- Armrest raised/ operator out of seat— Engine coolant temperature-- Engine oil pressure-- Air inlet heater activation-- Hydraulic filter restriction Hydraulic oil temperature— Park brake engages— Engine emission system- Gauges: DEF level, fuel level, - hour meter and tachometer- Storage compartment with netting- Ergonomic contoured armrest- Control interlock system, when operator- leaves seat or armrest raised:-- Hydraulic system disables— Hydrostatic transmission disables— Parking brake engages- ROPS Cab, open, tilt up FOPS, Level I- Top and rear windows- Floormat- Interior rear view mirror- 12V electric socket- Horn- Hand( diat)& throttle electronic FRAMES- Lift linkage, vertical path- Chassis, one piece welded- Machine tie down points( 6)- Beliy pan cleanout- Support, lift arm Cast rear bumper- Ventilated rear door with integrated- sealing OTHER STANDARD EQUIPMENT- Engine enciosure- lockable- Extended life antifreeze(- 37C, - 34F)- Work tool coupler- Hydraulic oil level sight gauge- Radiator coolant level sight gauge- Radiator expansion bottle- Cat ToughGuard TM hose- Heavy duty flat faced quick disconnects- with integrated pressure re ease- Split d- ring to route work tool hoses- along side of left lift arm- Variable speed hydraulic cooling fan- Per SAE J818- 2007 and EN 474- 3: 2006 and- ISO 14397- 12007 This quote is good for( 30) days. Any machine quoted outside of HOLT of CALIFORNIA' s inventory is subject to revision All quotes are subject to credit approval and prior sale. Any quoted interest rates are subject to change without notice. Quote is void unless machine is delivered, and remains, within HOLT of CALIFORNIA' s Dealership territory for two years or unless the machine has at least 1000 hours if delivered outside of HolYs territory.

Accepted by Date,
Please Print)
Signature
Sincerely,
Jason Hjelmstad
Territory Manager
Earth Moving Division
Holt of California
jhjelmstad@holtca. com
Cell 209- 321- 2831

Page 2 of 2 ends

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FEATURES:

The Cat 299D3 Compact Track Loader, with its vertical lift design, Electronically controlled Cat C3. 8 engine provides high horsepower delivers extended reach and lift height for quick and easy truck loading. and torque while meeting U. S. EPA Tier 4 Final and EU Stage IV Its standard, suspended undercarriage system provides superior traction, emission standards. flotation, stability and speed to work in a wide range of applications and Cat" Intelligent Leveling" system provides industry leading technology, underfoot conditions. The 299D3 features the following: integration, and available features such as dual direction self level, Industry leading sealed and pressurized cab option provides a cleaner work tool return to dig and work tool positioner.
and quieter operating environment with excellent Work Tool visibility. Standard fully independent torsion axle suspension combined with Available high- back, heated, air ride seat with seat mounted adjustable the optional Speed Sensitive Ride Control system improves operation joystick controls makes Cat Compact Track Loaders the industry leader on rough terrain, enabling better load retention, increased productivity in operator comfort. and greater operator comfort.

High performance power train provides maximum performance Maximize machine capability and control with the standard Advanced and production capability through the Electronic Torque Management Display providing on- screen adjustments for implement response, system, standard two speed travel and an electronic hand/ foot throttle hystat response, and creep control, multi- language functionality with decel pedal capability.
with customizable layouts, security system, and rearview camera.

High Flow XPS hydraulic system is available for applications that Ground level access to all daily service and routine maintenance demand maximum hydraulic work tool performance.
points helps reduce machine downtime for greater productivity.

Broad range of performance matched Cat Work Tools make the Cat Compact Track Loader the most versatile machine on the job site.

Specifications
Engine Power Train
Engine Model Cat C3. 8 DIT( turbo) Travel Speed( Forward or Reverse:

Gross Power SAE J1995 73 kW 98 hp One Speed 8. 4 km/ h 5. 2 mph Net Power SAE 1349 71 kW 95 hp Two Speed 13. 5 km/ h 8. 4 mph Net Power ISO 9249 71 kW 95 hp
Peak Torque at 1, 500 rpm SAE J1995 334 N• m 246 Ibf- ft Hydraulic System Displacement 3. 8 L 232 in' Hydraulic Flow— Standard:

Stroke 120 mm 4.7 in Loader Hydraulic Pressure 23 000 kPa 3, 335 psi Bore 100 mm 3. 9 in Loader Hydraulic Flow 86 Umin 23 gal/ min Hydraulic Power( calculated) 33 kW 44 hp
Welghts* Hydraulic Flow— High Flow XPS:

Operating Weight 5200 kg 11, 464 Ib Maximum Loader Hydraulic Pressure 28 000 kPa 4, 061 psi Maximum Loader Hydraulic Flow 121 L/ min 32 gal/ min
Operating Weight, Operating Specifications and Dimensions all based Hydraulic Power( calculated) 57 kW 76 hp
on 75 kg( 165 Ib) operator, all fluids, two speed, 2036 mm( 80 in) low profile bucket, 400 mm( 15. 7 in) tracks, dual flange front idler/single flange rear idler, standard flow hydraulics, enclosed cab with glass door, side windows, heater, mechanical suspension seat, advanced display, 850 CCA battery, no optional counterweights and manual quick coupler( unless otherwise notedl.

CAT
87 99 mp ct' ck Loader
19 20 13
9'
6 15 17
I I'
5 ` ^+ . 19
12 21
it - i- g
76 2
3 4
Dimensions*
1 Length of Track on Ground 1767 mm 69. 6 in 12 Departure Angle 33° 2 Overall Length of Track 2270 mm 89. 4 in 13 Maximum Dump Angle 54° 3 Length without Bucket 3189 mm 125. 5 in 14 Vehicle Width( 400 mm/ 15. 7 in tracks) 1931 mm 76. 0 in 4 Length with Bucket on Ground 3931 mm 154. 7 in Vehicle Width( 450 mm/ 17. 7 in tracks) 1981 mm 78. 0 in 5 Heightto Top of Cab 2125 mm 83. 6 in 15 Turning Radius from Center- Machine Rear 1881 mm 74. 0 in 6 Maximum Overall Height 4032 mm 158. 7 in 16 Turning Radius from Center- Coupler 1476 mm 58. 1 in 7 Bucket Pin Height at Maximum Lift 3208 mm 126. 3 in 17 Turning Radius from Center- Bucket( racked 2314 mm 91. 1 in 8 Bucket Pin Height at Carry Position 180 mm 7. 1 in 18 Maximum Reach with Arms Parallel to Ground 1319 mm 51. 9 in 9 Reach at Maximum Lift and Dump 852 mm 33. 6 in 19 Rack Back Angle at Maximum Height 81° 10 Clearance at Maximum Lift and Dump 2399 mm 94.5 in 20 Bucket Pin Reach at Maximum Lift 493 mm 19. 4 in 11 Ground Clearance 245 mm 9. 6 in 21 Roll Back Angle 25° Operating Specifications* Noise Level
Rated Operating Capacity: Inside Cab** 83 dB1A)
35% Tipping Load 1580 kg 3,480 Ib Outside Cab*** 104 dB A) 50% Tipping Load 2255 kg 4,970 Ib
Cab and Rollover Protective Structures( ROPS) are standard in Rated Operating Capacity North America and Europe.
with Optional Counterweight 2380 kg 5, 240 Ib
The declared dynamic operator sound pressure levels per ISO 6396: 2008.

Tipping Load 4520 kg 9, 945 Ib The measurements were conducted with the cab doors and windows Breakout Force, Tilt Cylinder 3298 kg 7, 270 Ib closed and at70°/a of the maximum engine cooling fan speed. The sound Breakout Force, Lift Cylinder 2795 kg 6, 162 Ib level may vary at different engine cooling fan speeds.

Ground Contact Area( 400 mm/ 15. 7 in track) 1. 41 m2 2, 184 inz *** The labeled sound power level for the CE marked configurations when Ground Contact Area( 450 mm/ 17. 7 in trackl 1. 59 mz 2, 463 inz measured according to the test procedure and conditions specified in Ground Pressure( 400 mm/ 15. 7 in track) 36.4 kPa 5.3 psi 2000/ 14/ EC.

Ground Pressure( 450 mm/ 17. 7 in track) 32. 1 kPa 4. 7 psi Air Conditioning System( if equipped)
Cab The air conditioning system on this machine contains the fluorinated ROPS ISO 3471: 2008
greenhouse gas refrigerant R134a( Global Warming Potential= 14301.

The system contains 0. 81 kg of refrigerant which has a COZ equivalent FOPS ISO 3449: 2005 Level I of 1. 158 metric tonnes.

Service Refill Capacities
Cooling System 16 L 4. 1 gal
Diesel Exhaust Fluid( DEF) Tank 19 L 5 gal
Engine Crankcase 13 L 3. 5 gal
Fuel Tank 120 L 31. 7 gal
Hydraulic System 55 L 14. 5 gal
Hydraulic Tank 39 L 10. 3 gal
2 88
t Cr'"'

MANDATORY EQUIPMENT
Hydraulics, Standard or High Flow XPS COMFORT PACKAGE( mustselect one o/ the followingJ Quick Coupler, Mechanical or Powered Open ROPS C01: Static Seat( No Foot Throitle, Headliner, Heater High Visibility Seat Belt, 50 mm( 2 in) or 75 mm( 3 in) or poor/ Steel Imbed Rubber Track— 400 mm( 15. 7 in) or 450 mm( 17. 7 in) Open ROPS( C1: Foot Thrott/ e, Headliner, Cup Ho/ der, and choice of Dual Flange Front idler/Single flange Rear ldler or Triple Flange Seat( Mechanical Suspension or High Back, Heated, Air Ride Seatl Front/ Rear ldlers
No Heater or poorJ
Enclosed ROPS with Heater( C2: Foot Throttle, Headliner, Heater and PERFORMANCE PACKAGE/ must select one o/ the following) Defroster, Side Windows, Cup Holder, Radio Ready, choice of Seat Performance Package H1: Standard F/ow/ No Se/ f LevelJ
Mechanical Suspension or High Back, Heated, Air Ride Seat) and Door( Glass or Polycarbonatel
Performance Package H2: Standard Flow, Dua/ Direction E/ectronic Se/ f Enclosed ROPS with A/ C( C3: C2+ Air Conditioner
Level( Raise and LowerJ, Work Too/ Return to Dig, Work Too/ Positioner, and E/ectronic Snubbing( Raise and LowerJ
Performance Package H3: High FIowXPS, Dua/ Direction Electronic Se/f LevellRaise and Lower, Work Too/ Return to Dig, Work Too/ Positioner, and Electronic Snubbing( Raise and LowerJ

STANDARD EQUIPMENT

ELECTRICAL POWER TRAIN
12 volt Electrical System Cat C3. 8, Turbo Diesel Engine, Meeting Tier 4 Final and Stage IV 100 ampere Alternator Emission Standards
Ignition Key Start/ Stop Switch Air Cleaner, Dual Element, Radial Seal Lights: Gauge Backlighting, Two Rear Tail Lights, Two Rear Halogen S• 0•SS"' Sampling Valve, Hydraulic Oil Working Lighis, Two Adjustab/ e Fiont Ha/ ogen Lights, Dome Light Filters, Cartridge- type, Hydraulic Backup Alarm Filters, Canister- type, Fuel and Water Separator Heavy Duty Battery, 850 CCA Radiator/ Hydraulic Oil Cooler( side- by- side) Spring Applied, Hydraulically Released, Wet Multi Disc Parking Brakes OPERATOR ENVIRONMENT Hydrostatic Transmission, Two Speed Travel Gauges: Fuel Level, DEFLevel, Hour Meter Suspension— Independent Torsion Axles( 4) Operator Warning System Indicators: AirFilter Restriction, A/iernator Outpui, Armrest Raised/ Operator Out of Sea Engine Coolant OTHER Temperature, Engine Oil Pressure, Air Inlet HeaterActivation, Hydraulic Engine Enclosure, Lockable Filter Resiriction, Hydraulic Oil Temperature, Park Brake Engaged, Extended Life Antifreeze,— 37° C(- 34° F)
Engine Emission System
Machine Tie Down Points( 6)
Adjustable Vinyl Seat
Support, Lift Arm
Fold In Ergonomic Contoured Armrest
Control Interlock System, when operator leaves seat or armrest Hydraulic Oil Level Sight Gauge
raised: Hydraulic System Disab/es, Hydrostatic Transmission Disab/ es, Radiator Coolant Level Sight Gauge Parking Brake Engages Radiator, Expansion Bottle
ROPS Cab, Open, Tilt Up Cat ToughGuardT"' Hose
FOPS, Level I Auxiliary, Hydraulics, Continuous Flow
Top and Rear Windows Heavy Duty, Flat Faced Quick Disconnects with Floor Mat Integrated Pressure Release
Interior Rearview Mirror Split D- Ring to Route Work Tool Hoses Along Side of Left Lift Arm 12 volt Electric Socket Electrical Outlet, Beacon
Horn Belly Pan Cleanout
Hand( Dial) Throttle, Electronic Variable Speed Demand Fan Adjustable Joystick Controls Product LinkT"' PL240, Cellular Advanced Display with Rearview Camera: Full Color, 127mm( 5 in/ LCD screen; Advanced Muhi- operator Security System; On- screen Adjustments for Implement Response, Hystat Response and Creep Conirol Storage Compartmentwith Netting
3 89
299D3 Compact Track Loader

OPTIONAL ATTACHMENTS
External Counterweights Product Link PL641, Ceilular
Beacon, Rotating Variable Speed Demand Fan with Reversing Functionality Engine Block Heater— 120V Speed Sensitive Ride Control
Oil, Hydraulic, Cold Operation Work Tool Return to Dig and Work Tool Positioner Paint, Custom Bluetooth Radio with Microphone( AM/ FM/ Weather Band Receiver Heavy Duty Battery, 850 CCA, with Battery Disconnect with USB and Auxiliary Input Jack) Heavy Duty Battery, 1, 000 CCA, with Battery Disconnect i kn, ,.<,` a s . .,, m t>,... c, .: a ',,,. x, fr b',. ss`' r ``', For more complete infortnation on Cat products; dealer services, and industry solutions, visit us on the web AEHQ8143 11 t18-'# stwww. cat»cem Rep(a e&A?
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90 Quote 149094- 02
H T"' ATTACHMENT
C.,
of t' lifornia
Jun 28, 2023

CITY OF LATHROP
390 TOWNE CENTRE DR
LATHROP, California 95330
Account# 54170
Attention: KEN REED
New Caterpillar Model: WT- SSL Work Tools with all standard equipment in addition to the additional specifications listed below:

STOCK NUMBER: SERIAL NUMBER: YEAR: SMU:

ADDITIONAL SPECIFICATIONS CONTRACT # 032119- CAT
Reference# ' Description of Material and Equipment Reference# Descr ption of Material and Equipment 529- 5820 PC310 COLD PLANER

WARRANTY INFORMATION
Standard Warranty: 12 months/ unlimited hours
Work tool List price 36, 694. 00
Source well Discount 15% off 5, 504. 10
Work tool Price after discount 31, 189. 90
Net Balance Due 30, 489. 90
Sales Tax ( 8. 75%) 2, 667.87
After Tax Balance 33, 157. 77
This quote is good for( 30) days. Any machine quoted outside of HOLT of CALIFORNIA' s inventory is subject to revision All quotes are subject to credit approval and prior sale. Any quoted interest retes are subject to change without notice. Quote is void unless machine is delivered, and remains, within HOLT of CALIFORNIA' s Dealership territory for two years or unless the machine has at least 1000 hours if delivered outside of HolYs territory.

Accepted by Date,
Please Print)
ISignature
Sincerely,
Jason Hjelmstad
Territory Manager
Earth Moving Division
Holt of California
j hjel mstad @holtca. com
Cell 209- 321- 2831

Page 1 of 1 ends

91 Quote 149706- 02
ATTAC iMENT
N
Jul 26, 2023

CITY OF LATHROP
390 TOWNE CENTRE DR
LATHROP CA 95330,
Account# 54170
Attention: KEN REED
New Caterpillar Model: WT-MHE Work Tools with all standard equipment in addition to the additional specifications listed below:

STOCK NUMBER: SERIAL NUMBER: YEAR: SMU:

ADDITIONAL SPECIFICATIONS CONTRACT# 032119- CAT
Reference# Description of Material and Equipment Reference# Descript on of Material and Equipment 517- 6977 16" WHEEL FOR 303. 5

WARRANTY INFORMATION
Standard Warranty: 12 months/ unlimited hours
List Sell Price 5, 632. 00
Source well Discount off list 20% 1, 126. 40
Net Balance after discount 4, 505. 60
Work tool Prep 74. 24
Total Balance due 4 579. 84
Sales Tax ( 8. 75%) 400. 74
After Tax Balance 4, 980. 58
This quote is good for( 30) days. Any machine quoted outside of HOLT of CALIFORNIA' s inventory is subject to revision All quotes are subject to credit approval and prior sale. Any quoted interest rates are subject to change without notice. Quote is void unless machine is delivered, and remains, within HOLT of CALIFORNIA' s Dealership temtory for two years or unless the machine has at least 1000 hours if delivered outside of HolYs territory.

Accepted by Date,
Please Print)
Signature
Sincerely,
Jason Hjelmstad
Territory Manager
Earth Moving Division
Holt of California
jhjelmstad@holtca. com
Cell 209- 321- 2831

Page 1 of 1 ends

92 ITEM 4. 7

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE WRITE- OFF OF UNCOLLECTIBLE UTILITY

AND MISCELLANEOUS CUSTOMER ACCOUNTS FOR
FISCAL YEAR 2022/ 23
RECOMMENDATION: Adopt Resolution to Approve Write- Off of Uncollectible Utility and Miscellaneous Accounts for
Fiscal Year ( FY) 2022/ 23
SUMMARY:

Generally Accepted Accounting Principles ( GAAP) and Governmental Accounting Standards Board ( GASB) require municipalities to evaluate and write- off delinquent accounts that are deemed uncollectible. As part of the annual audit process and in compliance with both GAAP and GASB requirements, the Finance Department has reviewed unpaid delinquent accounts assigned to collections. After a thorough review, staff has determined $ 193, 475 to be uncollectible for FY 2022/ 23 as detailed in Table 1 below:

Table 1
FY 2021/ 22 FY 2022/ 23 Increase/ No. of
Customer Account Type a pproved Recommended ( Decrease) Accounts to Write- Offs Write- Offs be Written- Off
Utility Customers
Residential and Commercial 56 601 180 434 218. 87% 192
Miscellaneous Customers 25 662 13 041 49. 18% 12
Totals 82 263 193 475 204
On March 4, 2020, Governor Gavin Newsom proclaimed a state of emergency to exist in California as a result of the threat of COVID- 19. That proclamation established policy of the State under Water Code section 106. 3 that every human being has the right to safe, clean, affordable and accessible water adequate for human consumption, cooking, and sanitary purposes. The Governor signed executive order N- 42- 20 on April 2, 2020 that established a moratorium on water service disconnections statewide.

The total uncollectible amount consist of past due balances that have accumulated since March 2020 when water service shut off was suspended due to the pandemic.

In order to prevent large unpaid balances from accumulating, the City utilizes water shut off procedure on balances unpaid after 60 days. Water service shut ofFs resumed on October 18, 2022.

The recommended utility write- offs represent 0. 85% of the annual water and sewer charges billed to customers in FY 2022/ 23. The utility write- ofF amount in FY 2022/ 23 has increased by $ 123 thousand or 218. 87% from the prior fiscal year. 93 CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

UNCOLLECTIBLE UTILITY AND MISCELLANEOUS CUSTOMER ACCOUNTS The recommended miscellaneous write- off amount of $ 13, 041 include charges rendered by: Finance, Animal Services, Community Development, Police, Parks & Recreation, and Public works. Charges include animal impound, unpaid business license and programming fees, court ordered restitution, materials/ equipment, and checks returned for insufficient funds.

Even though these accounts will reflect as ' written off" in the City' s financial system, there are further collection measures in place to seek repayment. For instance, the collection agency will continue to pursue repayment efforts on these accounts and forward any recovered payments to the City.

Tonight staff is requesting Council' s approval to write- ofF $ 193, 475 of uncollectible utility and miscellaneous charges.

BAC KG ROU N D:

On May 19, 1998, the City Council of the City of Lathrop adopted Resolution 98- 664 regarding the approval and implementation of a revenue collection policy. On October 18, 2010, Council authorized the execution of an agreement with Golden State Collections, LLC.

The collection policy was put in place to help decrease the number of delinquent accounts ( 60- 90 days). After unsuccessful collection attempts by City staff, the collection procedures allow City staff to refer customers' accounts that remain unpaid for 60- 90 days to the collection agency for collection proceedings. The collection agency works on a commission- based structure. Their fee is 30% of the total amount collected.

Currently, there are two types of customer accounts referred to the collection agency.

They are utility and miscellaneous customer accounts. The utility customer accounts include charges for water and wastewater. Miscellaneous customer accounts include charges rendered by: Finance, Animal Control, Community Development, Police, Parks & Recreation, and Public Works. Charges include animal impound, unpaid business license and programming fees, court ordered restitution, materials/ equipment, and checks returned for insufficient funds. 94 CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

UNCOLLECTIBLE UTILITY AND MISCELLANEOUS CUSTOMER ACCOUNTS Utility Customer Accounts
During FY 2022/ 23, Golden State Collections, LLC, received claims for further collection processed on 198 delinquent utility customer accounts totaling $ 184, 313.

Of the $ 184, 313 assigned to Golden State Collections, LLC, the agency recovered 4, 658 from 27 customer accounts recorded on the current and prior year claims.

This represents a 2. 52% recovery rate ( see Table 2) from the total referred. In addition, Table 2 includes accounts with balances of less than $ 5, which are not assigned to the collection agency. During FY 2022/ 23, there were no accounts with a balance less than $ 5.

Table 2.

Total Utilit Customers 8 266 9 379 9 895
Accounts Sent to Collection Agency 97 162 198
Amount Assigned to Collection Agency 42 081 56 601 184 313 Amount Recovered by Collection Agency 3 621 1 110 4 658 Recovery Rate 8. 60% 1. 96% 2. 52%
Account < $ 5. 00 5 2 0
Total Write- Offs 42, 081 56, 601 180, 433
The utility write-off amount in FY 2022/ 23 has increased by $ 123 thousand or 218. 87%. Of the 192 utility customer accounts, there are 84 residential accounts with past due balances of $ 500 or more. These accounts total approximately $ 144 thousand and makes up for 77. 96 % of the overall utility write off amount. The high balances are attributed from the financial impacts of the COVID- 19 pandemic on Lathrop residents.

During the pandemic, water service shut ofF was suspended across the state. The City utilizes the water shut off procedure to prevent customers from accumulating large past due balances. The City resumed water service shut offs in October 2022.

The City received funding from the State Water Resources Control Board ( SWRCB) to assist residential and commercial customers who incurred utility debt as a result of the COVID- 19 Pandemic. Residential and commercial customers with outstanding balances were conditionally eligible to have credits applied to their utility account.

The credits were posted to all eligible, active and inactive, accounts. The recommended write ofF of$ 180, 433 for utility customers would be significantly higher if the SWRCB assistance funding was not available.

Staff will continue to re- enforce current programs that offers payment assistance, such as extending payment due date or granting payment arrangement, to utility customers carrying past due balances. In addition, the Finance Department conducts a review of all new customers prior to establishing service to ensure there are no outstanding balances.
95 CITY MANAGER' S REPORT PAGE 4
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

UNCOLLECTIBLE UTILITY AND MISCELLANEOUS CUSTOMER ACCOUNTS Miscellaneous Customer Accounts
Miscellaneous customer accounts referred to collections for FY 2022/ 23 totaled 13, 041 from 12 accounts related to Animal Services, Public Works, and Parks and Recreation billings, as summarize in Table 3. Animal Services billings included emergency call costs, veterinary costs, impoundment, and shelter fees. Billings for Public Works included City property damages, material, and equipment replacement costs. Parks and Recreation billings included non- sufficient fund returned check fees and unpaid programming fees.

Table 3.

Accounts Sent to Collection 6 4 0 2 12
A enc
Amount Assigned to Collection 1, 013 $ 5, 378 0 $ 6, 650 13, 041 A enc
Amount Recovered by Collection 0 0 0 0 0
A enc
Accounts < 5. 00
Total Write- offs 13 041
REASON FOR RECOMMENDATION:

The Finance Department has conducted a thorough review of the utility and miscellaneous customer accounts and recommends $ 193, 529 to be considered uncollectible.

FISCAL IMPACT:

Decrease customer's outstanding balances due to uncollectible debt as follows:

Utility customer accounts: 180, 434
Miscellaneous customer accounts: 13, 041
Total amount of uncollectible accounts: 193, 475
ATTACHMENTS:

A. Resolution to Approve Write- Off of Uncollectible Utility and Miscellaneous Accounts for Fiscal Year ( FY) 2022/ 23
96 CITY MANAGER' S REPORT PAGE 5
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

UNCOLLECTIBLE UTILITY AND MISCELLANEOUS CUSTOMER ACCOUNTS APPROVALS:
n' 7 '. `', 3
Chia Lor Date
Senior Accountant
y 7//
Cari J e Date
Directo - F nance
31 J
Salvador Navarrete Da e
City Attorney
8•3• Z3
St en J. Salvatore Date
City Manager
97 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING THE WRITE- OFF OF UNCOLLECTIBLE UTILITY AND
MISCELLANEOUS CUSTOMER ACCOUNTS FOR FISCAL YEAR 2022/ 23 WHEREAS, Generally Accepted Accounting Principles ( GAAP) and Governmental Accounting Standards Board ( GASB) require municipalities to evaluate and write- ofF delinquent accounts that are deemed uncollectible; and WHEREAS, As part of the annual audit process and in compliance with both GAAP and GASB requirements, the Finance Department has reviewed unpaid delinquent accounts assigned to collections; and
WHEREAS, After a thorough review, staff has determined $ 193, 475 to be uncollectible for FY 2022/ 23 as detailed in Table 1 below; and Table 1
FY 2021/ 22 FY 2022J23 Increase/ No. of
Customer Account Type Approved Recommended ( Decrease) Accounts to Write- Offs Write- Offs be Written- Off
Utility Customers
Residential and Commercial 56 601 180 434 218. 87% 192
Miscellaneous Customers 25 662 13 041 49. 18% 12
Totals 82 263 193 475 204
WHEREAS, on March 4, 2020, Governor Gavin Newsom proclaimed a state of emergency to exist in California as a result of the threat of COVID- 19. That proclamation established policy of the State under Water Code section 106. 3 that every human being has the right to safe, clean, affordable and accessible water adequate for human consumption, cooking, and sanitary purposes. The Governor signed executive order N- 42- 20 on April 2, 2020 that established a moratorium on water service disconnections statewide; and
WHEREAS, the total uncollectible amount consist of past due balances that have accumulated since March 2020 when water service shut off was suspended due to the pandemic. In order to prevent large unpaid balances from accumulating, the City utilizes water shut off procedure on balances unpaid after 60 days. Water service shut offs resumed on October 18, 2022; and
WHEREAS, the recommended utility write- offs represent 0. 85% of the annual water and sewer charges billed to customers in FY 2022/ 23. The utility write- off amount in FY 2022/ 23 has increased by $ 123 thousand or 218. 87% from the prior fiscal year; and

Page 1 of 3 ends

98 WHEREAS, the recommended miscellaneous write- off amount of $ 13, 041 include charges rendered by: Finance, Animal Services, Community Development, Police, Parks & Recreation, and Public works. Charges include animal impound, unpaid business license and programming fees, court ordered restitution, materials/ equipment, and checks returned for insufficient funds; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop approves the write- off of uncollectible accounts in the amount of $ 180, 434 in Utility Customers and $ 13, 041 in Miscellaneous Customers for Fiscal Year 2022/ 23.

Page2of3
99 The foregoing resolution was passed and adopted this 14t'' day of August, 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
e
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney

Page 3 of 3 ends

100
ITEM 4.8

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE 2023 FACILITY FEE WAIVER

REQUEST FOR THE LATHROP LIONS CLUB
RECOMMENDATION: Adopt a Resolution Approving a Facility Fee Waiver request from the Lathrop Lions Club for
the use of a Valverde Park shelter on October
21, 2023 to host a Breast Cancer Walk
SUMMARY:

Review and consider adoption of a resolution approving a facility fee waiver request from the Lathrop Lions Club for the use of a Valverde Park shelter in accordance with the City of Lathrop Fee Waiver Policy. Council approved a fee waiver request from the Lathrop Lions Club at the November 14, 2022 Regular Meeting. The Lathrop Lions Club submitted a new facility fee waiver request for the use of a Valverde Park shelter on October 21, 2023 to host a Breast Cancer Walk from 10: 00 a. m. to 12: 00 p. m. with an estimated attendance of 100 participants.

The Parks and Recreation Commission voted at their August 3, 2023 meeting to recommend City Council approval of the fee waiver request and found the request to be of public benefit, de minimis in nature and not subsidized from other facility fees.

BACKGROUND:

Staff receive requests for facility fee waivers from local organizations for the use of City facilities in support their local activities. Fourteen ( 14) facility fee waiver requests for the Lathrop Lions Club were approved by Council at the November 14, 2022 Regular Meeting. Recently, the Lathrop Lions Club submitted a new facility fee waiver for the use of a Valverde Park shelter on October 21, 2023 to host a Breast Cancer Walk from 10: 00 a. m. to 12: 00 p. m. with an estimated attendance of 100 participants.

RECOMMENDATION:

Staff recommends Council consider adopting a resolution to approve the Facility Fee Waiver requested by the Lathrop Lions Club.

FISCAL IMPACT:

The fees associated with the facility fee waiver request total $ 85. 101
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

LIONS CLUB FEE WAIVER
ATTACHMENTS:

A. Resolution approving a Facility Fee Waiver request from the Lathrop Lions Club for the use of a Valverde shelter on October 21, 2023 to host a Breast Cancer Walk
B. Fee Waiver Calculations
102
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

LIONS CLUB FEE WAIVER
APPROVALS:
2 • 23
Todd bast Date
Director of Parks, Recreation and Maintenance Services
7, 3// 3
Cari Jam s Date
Finance ir ctor

2.,?•' Z.3
Salvador Navarrete Date
City Attorney
8•3•Z3
Ste en J. Salvatore Date
City Manager
103
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A FACILITY FEE WAIVER REQUEST FROM THE LATHROP LIONS CLUB FOR USE OF A VALVERDE PARK SHELTER ON OCTOBER 21, 2023 TO

HOST A BREAST CANCER WALK
WHEREAS, the City received a facility fee waiver request from the Lathrop Lions Club for the use of a Valverde Park shelter in accordance with the City of Lathrop Fee Waiver Policy; and
WHEREAS, the Lathrop Lions Club submitted a Facility Fee Waiver request for the use of a Valverde Park on October 21, 2023 to host a Breast Cancer Walk from 10: 00 a. m. to 12: 00 p. m. with an estimated attendance of 100 participants.; and WHEREAS, the Parks and Recreation Commission voted at their August 3, 2023 meeting to recommend City Council approval of the requested fee waiver request and found the request to be of public benefit, de minimis in nature and not subsidized from other facility fees.

NOW, THEREFORE, BE IT RESOLVED, that by the City Council of the City of Lathrop finds the request to be of public benefit, de minimis in nature and not subsidized from other facility fees does hereby approve the facility fee waiver for the use of a Valverde Park shelter on October 21, 2023 from 10: 00a. m. to 12: 00 p. m. with an estimated attendance of 100 participants in the amount of $ 85. 104
The foregoing resolution was passed and adopted this 14th day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATT' EST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 105
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106
ITEM 4.9

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF ADDITIONAL INDUSTRIAL SOLID
WASTE LICENSE FOR FISCAL YEAR 2023- 24
RECOMMENDATION: Adopt Resolution to Approve Annual Industrial Solid Waste License for Tony & Sons Trucking for Fiscal
Year2023- 24
SUMMARY:

The Legislature of the State of California, by enactment of the California lntegrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management. The process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices.

In an effort to comply with said legislation, the City of Lathrop adopted Municipal Code Chapter 8. 16 ( Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16. 140 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License.

The City' s current industrial solid waste haulers are Delta Container Corporation subsidiary of Allied Waste of San ) oaquin County dba Republic Services, Inc.), Stockton Scavengers, and Ground Force Enterprises. Staff requests the approval of the annual industrial solid waste license for Tony and Sons Trucking.

BACKGROUND:

Lathrop Municipal Code 8. 16. 140, Section ( A) requires any company who collects and removes industrial solid waste within the City of Lathrop to apply annually for an industrial solid waste removal license.

Tony and Sons Trucking will be required to pay an annual license fee in the sum of two thousand five hundred dollars ($ 2, 500) and the standard eleven percent ( 11%) of their annual gross receipts and $ 92 administration fee, which is set forth by Lathrop Municipal Code 8. 16. 140.

Tony and Sons Trucking have submitted their annual license application, fee, bonds, insurance, locations serviced, and their financial status report.

REASON FOR RECOMMENDATION:

To continue our efforts to meet the terms of the AB939 legislation, and continue implementing plans for source reduction, reuse, and recycling as part of our integrated waste management practices, staff recommends that City Council 107
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

APPROVAL OF INDUSTRIAL SOLID WASTE LICENSE
approve an Industrial Solid Waste Removal License for Tony and Sons Trucking.

FISCAL IMPACT:

Revenue received from this company will be deposited into the Franchise Tax- Solid Waste Industrial revenue account number 1010- 15- 10- 319- 05- 05.

The license administration fee( s) in the sum of ninety- two dollars ($ 92) received from the company will be deposited into Parks, Recreation, and Maintenance Services Administration account number 1010- 30- 01- 341- 01- 01.

The annual license fee in the sum of two thousand five hundred dollars ($ 2, 500) received Tony and Sons Trucking will be deposited into the Franchise Tax- Solid Waste Industrial revenue account number 1010- 15- 10- 319- 05- 05.

ATTACHMENTS:

A. Resolution to Approve Annual Industrial Solid Waste License for Tony and Sons Trucking for Fiscal Year 2023- 24
B. Industrial Refuse Collection Application from Tony and Sons Trucking 108
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

APPROVAL OF INDUSTRIAL SOLID WASTE LICENSE
APPROVALS:
3 Z3
Todd Sebastian Date
Director of Parks, Recreation and
Maintenance Services
l1 3
Cari Jam Date
Finance rector
7 z zb2 3
Salvador Navarrete Date
City Attorney
St en J. Salvatore Date
City Manager
109
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING

THE ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR TONY AND SONS TRUCKING FOR FISCAL YEAR 2023- 24
WHEREAS, Lathrop Municipal Code 8. 16. 140, Section ( A) requires any company which collects and removes industrial solid waste within the City of Lathrop to annually apply for an industrial solid waste removal license; and WHEREAS, the City' s current haulers are Delta Container Corporation, Ground Force Enterprises, and Stockton Scavengers; and
WHEREAS, Staff requests the additional approval of the annual industrial solid waste license for Tony and Sons Trucking; and
WHEREAS, Tony and Sons Trucking will be required to pay an annual license fee in the sum of two thousand five hundred dollars ($ 2, 500) and the standard eleven percent ( 11%) of their annual gross receipts and $ 92 administration fee, which is set forth by Lathrop Municipal Code 8. 16. 140; and
WHEREAS, to continue our efforts to meet the terms of the AB939 legislation and continue implementing plans for source reduction, reuse, and recycling as part of their integrated solid waste management practices, staff recommends that City Council approve the Industrial Solid Waste Removal License for Tony and Sons Trucking; and WHEREAS, the following monies received from this company will be deposited as follows:

Annual gross receipt monies received will be deposited into the Franchise TaxSolid Waste Industrial revenue account number 1010- 15- 10- 319- 05- 05; License administration fee in the sum of ninety- two dollars ($ 92) will be deposited into Parks, Recreation, and Maintenance Services Administration account number 1010- 30- 01- 341- 01- 01;
Annual license fee in the sum of two thousand five hundred dollars ($ 2, 500) received will be deposited into the Franchise Tax- Solid Waste Industrial revenue account number 1010- 15- 10- 319- 05- 05.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Industrial Solid Waste License for FY 23- 24 with Tony and Sons Trucking.
110
The foregoing resolution was passed and adopted this 14th day of August 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 111
Cltj/ Of
Park, Recreation & Maintenance Services 390 Towne Cencre Drive, Larhrop, CA 95330 Phone ( 209) 941- 7370
www. ci.lathrop. ca. u s

INDUSTRIAL REFUSE COLLECTION

LICENSE APPLICATION
COMPANY NAME: So n s I
y^ VC , ( G•
ADDRESS:

PHONE/ FAX d 1 ° fo0• (( og` t
EMAIL: Ov yo no SaKS rv K'' 9 qt:,' t• Cdvh
The following license requirements are set forth by the City ofLathrop Municipal Code, Title 8 Health & Safety, Chapter S. 16 Garbage Collection & Disposal, Section 8. 16. 140 Industrral Solid Waste Removal— License Requirea

CHECK IF
ENCLOS
PROPOSED CUSTOMERS LIST( Names and Addresses):

SIGNED STATEMENTS FROM NEW INDUSTRIAL CUSTOMERS ADDRESSED TO CITY( See Municipal Code section 8. 16. 140. 2):

NUMBER, KIND, AND CAPACITY OF VEHICLES AND OTHER EQUIPMENT V Must be in compliance with all applicable air pollution control laws):

ORIGINAL PERFORMANCE BOND OR OTHER SECURITY ATTACHED ($ 25, 000) - ORMOST RECENT FINANCIAL STATEMENT AND/ OR AUDIT
The applicant shall provide proof of financial ability to provide service contemplated by the application)
1NSURANCE CERTIFICATE NAMING THE CITY, ITS OFFICES AND EMPLOYEES

AS AN ADDITIONAL INSURED
See Municipal Code section 8. 16. 140. I for Insurance Requirements):

LICENSE FEE ENCLOSED($ 2, 500)
ADMINISTRATION FEE($ 92)

Page 1 ends

112
z.

City of I'
Park, Recreation 8 Maintenance Services 390 Towne Cenrre Drive, Larhrop, CA 95330 Phone ( 209) 941- 7370
www. ci. lathrop. ca. us
TYPE OF WASTE REMOVAL SERVICE:
n r. vSZ r ) > d i(_ uS'
Thefollowing definitions are setforth by the City ofLathrop Municipal Code, Title 8 Health & Safety, Chapter 8. 16 Garbage Collection & Disposal, Section 8.16.010 " Industrial solid waste" means solid waste originating from mechanized manufacturing faci[ities, factories, refrneries and publicly operated treatment works.

APPLICANT SIGNATURES:
0 1 Io 2oZ3

SIGNATU DATE
t- t t i a L-t( 2

PRINT NAME
e s I, G o
TITLE
PROCESSED BY:

Iv?• o

SIGNATURE DATE

MELISSA STATHAKOPOULOS

MANAGER

PARKS, RECREATION& MAINTENANCE SERVICES
A ROVED BY:
lg

TO D SE TIAN DATE

DIRECTOR
PAR.KS, RECREATION& MAINTENANCE SERVICES

Page 2 ends

113
Tony& Sons Trucking, Inc.

Proposed Customer List:

Tesla Inc.

Joel Naguit
700 D' Arcy Pkwy, Lathrop CA 95330
114
Tony& Sons Trucking, Inc.

Here at Tony& Sons Trucking, Inc. all our vehicles are all in compliance with California Air Resources Board compliant better known as( CARB compliant).

Below is the list of vehicles that we will be running.
2016 Freight iner SD114 Roll Off Truck
2012 Freightliner Cascadia Roll Off Truck
115

ME RC HANT S
BON D1 NG COM PANY,
MERCHANTS BONDING COMf' ANY( MUTUAL) P. O. BOX 14498, DES MOINES, IA 50306- 3498 I' HONE: ( 800) 678- 8171 FAX: ( 515) 243- 3854

LICENSE AND PERMIT BOND
Bond No. 00131790
KNOW ALL PERSONS BY THESE PRESENTS:

That we, Antonio Lopez Jr dba Tony& Sons Trucking, Inc. of Stockton State of Califomia as Principal,
and Merchants Bonding Companv( Mutual) a corporation duly licensed to do business in the State of California
as Surety, are held and firmly bound unto
City of Lathrop
Obligee, in the penal
sum of Tµ'enty Five Thousand Dollars 25, 000. 00 D OLLARS.

THE CONDITION OF THE ABOVE OB IGATION IS SUCH, that whereas, the Principal has been licensed Waste Hauler- Compliance Only
390 Towne Centre Drive, Lathrop CA 95330
by the Obligee.

NOW THEREFORE, if the Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all Amendments, appertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect for a period commencing on the 3rd day of July 2 23 , and ending on the 3rd day of Jufy
2026 ,
unless renewed by Continuation Certificate.

This bond may be terminated at any time by the Surety upon sending notice in writing to the Obligee and to the Principal, in care of the Obligee or at such other address as the Surety deems reasonable, and at the expiration of thirty- five( 35) days from the mailing of notice or as soon thereafter as permitted by applicable law, whichever is later, this bond shall ipso facto terminate and the surety shall thereupon be relieved from any liability for any subsequent acts or omissions of the Principal.

No right of action shall accrue on this bond to or for the use of any person or corporation other than Obligee named herein.

Dated this Sth
day of July 20 23
Antonio Lopez Jr dba Tony& Sons Trucking, Inc.

Principal
Countersigned ( if required):
f
1—Z..,,.

Antonio Lopez Jr rincipal
By:

Merc ts Bonding Company( Mutual)
BY C" w ' l
Sharon Smith, Attorney- in act
LP 0206( 2/ 15)
116

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
validit of that document.

State of California
County of Sacramento
On July 5, 2023 before me, Kathleen Le, Notary Public,
insert name and title of the o cer)
personally appeared Sharon Smith
who proved to me on the basis of satisfactory evidence to be the person() whose name( s) is/ subscribed to the within instrument and acknowledged to me that 6/ she/ executed the same in is/ her/ authorized capacity( ier, and that byiai dher/ Tt csignature( s) on the instrument the person( s), 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. KATHLEEN LE It
COMM.+ 2380925 D
NOTARY PUBLIC CALIFOHNIA N COUNTY OFSACRAMENTO w
Comm. Explres OC7 31. 2025
Signature . v`'`' Seal •'°
e* • s
117
IV E RC H AN T`
60N DI NG COM ' ANY .,

POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY( MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of lowa, d/ b/ a Merchants National Indemnity Company( in California only)( herein collectively called the Companies") do hereby make, constitute and appoint, individually, Sharon Smith
their true and lawful Attorney( s)- in- Fact, to sign its name as surety( ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

This Power- of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By- Laws adopted by the Board of Directors of Merchants Bonding Company ( Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding, Inc., on October 16, 2015.

The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys- in- Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." The signature of any authorized o cer and the seal of the Company may be affixed by facsimile or electronic tra smission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in- Fact includes any and all consents for the release of retained percentages and/ or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/ or its assignee, shall not relieve this surety company of any of its obligations under its bond.

In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney- in- Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the CommissionerDepartment of Highways of the Commonwealth of Kentucky at least thirty( 30) days prior to the modification or revocation.

In Witness Whereof, the Companies have caused this instrument to be signed and sealed this Sth day of July 2023 P
0 Nq'•• NG CQ A MERCHANTS BONDING COMPANY( MUTUAL)
PO ' • O.• P MERCHANTSNATIONALBONDING, INC.
y G
R' 2': • 0' G
P 99f9y,: d/ b/a MERCHANTS NATIONAL INDEMNITY COMPANY
z: a _
o- v':v- :: 2 _
a_
rt. .
v': 2003 :;
a' 1933 c:
a
y.

L • O' `
Q:`
ly '.. \,\~•
BY
President

STATE OF IOWA
COUNTY OF DALLAS ss.

On this Sth day of July 2023 , before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY ( MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 4 Kim Lee
i. mmiss on Numk- 7f, 2' 3? 0
1u G mrniss on Erpiros f
ti r l ^ 1
ru 14 2 14 t
Y Y i ._; , w....
tiNotary Public
Expiration of notary' s commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY( MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER- OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked.

In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 5th day of July 2023 . t10Nq '• NG Cp f
RPoRq. o: e
O Q lP09 q'.
h_2V Z% • t '
O,. Zl:
p_ I/ Q: sirl AK,
C7: • ti; - o- G; • H
2003 :;,: ' a• 1933 .•"; Secretary
c•.
d'••. yv. d.c,;•
7 .•
POA 0018 ( 10/ 22)
118
4coO

CERTIFICATE OF LIABILITY INSURANCE

DATE MM/ DD/ YYYY)
7/ 11/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTAT VE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER CONTACT
InterWest Insurance Services, LLC NnMe: Daniel Sanchez
5 Sierra Gate Plaza A/ CNNo eXe: 916- 609- 8483 Ac r,o: 916- 784- 8116 Roseville CA 95678 aooRess: E- MAIL dsanchez iwins. com INSURER( 5) AFFORDING COVERAGE NAIC#
License#: oBo osa wsuReRn: Scottsdale Insurance Co. 41297 INSURED TONY& SO- 01 INSURER B: Tony& Sons Trucking, Ina PO BOX 1011 INSURER C:

French Camp CA 95231 INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 669154670 REVISION NUMBER:

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF

ADDL SUBR POLICY EFF POLICY EXP INSURANCE POLICY NUMBER MM/ DD/ YYYY MMIDD/ YYYY LIMITS A X COMMERCIALGENERALLIABILITY CPS7825604 7/ 7/ 2023 7/ 7/ 2024 EACHOCCURRENCE 1, 000, 000 CLAIMS- MADE _ l OCCUR
PREMISES Ea occurence $ 300, 000
MED EXP( Any one person) $ 5, 000
PERSONAL& ADV INJURY $ 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2, 000, 000 POLICY[ E LOC
PRODUCTS- COMP/ OP AGG $ 2, 000, 000
OTHER: g
AUTOMOBILELIABILITY COMBINED SINGLE LIMIT $
Ea accidenl

ANY AUTO
BODILY INJURY( Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY( Per accident) $
HIRED NON- OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident S

UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB _ __ CLAIMS- MADE AGGREGATE
DED RETENTION$
WORKERSCOMPENSATION PER OTHAND EMPIOYERS' LIABILITY
Y N

STATUTE ER

ANYPROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ E. L. EACH ACCIDENT MEMBEREXCLUDED? NIA
Mandatory in NH)
E. L. DISEASE- EA EMPLOYEE $ If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES ( ACORD 107, Additlonal Remarks Schedule, may be attached if more spaca is requlred) Certificate Holder is listed as additional insured.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Lathrop, its officers, and all employees
390 Towne Centre
Lathrop CA 95330 AUTHORIZEDREPRESENTATIVE
O 1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD 119
POLICY NUM6ER: cp^ 7sz5F o9 COMMERCIAL GENERAL LIABIUTY CG 2d 1012' t 9
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR
G4NTRACTC RS - SCHEDULED PERS JN OR
QRGANIZATIaN
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILI7Y COVERAGE PART

SCHEDULE
Name Of Additlonal Insured Person( s
Or O anization s Location s Of Covered O eratio s
CITY OF Iu' THROP, ITS OFFICEkS nND ALL VFiRIGUi

EMPLUYEES
Information re uired to com lete this Schedula if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is ame ded to B. With respect to the insurance affo ded to these include as an additional insured the persan( 5) or additional insureds, the following additional organizafion( s) shown in the Schedule, but only exclusions apply:
with respect to liability for " bodily injury"', "property This insurance does not apply to " bodily injury" or damage" or " personal and advertisi g injury" properly damage" occurring after: caused, in whole or in part, by:

1. Your act5 or omissions; or

1. All work, including materials, parts or equipment
fumished in conneation with such work, on #he

2. The acts or omissions of those acting on your project ( ather than service, maint enance or behalf; repairs) to be perFormed by ar an behalf of the in the perFormance of your ongoing operations far additional insured( s) at the Iocati n of the the additional insured( s) at the location( s) vered operaUons has been cc mpleted; or deslgnated above. 2. That po tlon of " your work" out of whlch the However: injury or d mage rises has been put to its
intended use by any person or arganization

1. The insurance afforded to such additional other than another contractor or aubcontractor insured only applies to the extent permitted by engaged in performing operations for a principal law; and as a part of the same project.

2. If coverage providsd to the additional insured is
required by a contract or agreement, the
insurance afforcJed to such additional insured
will not be broader than that which you are
required by the contract or agreement to provide
for such additional insured.

CG 20 70 1219 Insurancn Services O ce, Inc., 2018 Page 1 nf 2 120
C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III— Limits dr I surance: whichever is less.

If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we limits of insurance. wili pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; o

Page 2 of 2 ends

121
A

CERTIFICATE OF LIABILITY INSURANCE

DATE( MMIDD/ YYW)
07/ 10/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsement s.

PRODUCER CONTACT
NAME: Pro ressive Commercial Lines Customer and A ent Servicin Prog essive Insurance PO Box PHONE FAX 94739, Cleveland, OH 44101 AIC No Ext: 1- 800-444- 4487 C No:

ADDREss: Ea1AAIL progressivecommercial@email. progressive. com INSURER( S) AFFORDING COVERAGE NAIC#
INSURERA: p 0 feSSive Ex reSS InS 10193

INSURED
INSURER B:

TONY& SONS TRUCKING, INC
3523 WILMINGTON WAY INSURER C:

STOCKTON, CA 95219
INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 749866569809813478D071023T202850 REVISION NUMBER:

INSR ADDL SUBR

LTR TYPE OF INSURANCE INSD VWD POLICY NUMBER

POLICY EFF POLICY EXP

MM/ DD/ YYYY) ( MMIDD/ YYYY) LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

CLAIMS- MADE OCCUR A GE
PREMISES Ee occurrence
MED EXP( Any one person)
PERSONAL 8 ADV INJURY
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
PR

POLICY JECT LOC PRODUCTS- COMP/ OP AGG
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT

ANY AUTO
Ea accidenl 1 000 000

OWNED SCHEDULED
BODILY INJURY Per erson
A AUTOS ONLY X AUTOS N N 007763840 03/28f2023 03/28/2024 BODILY INJURY Per accident HIRED NON- OWNED P OPERTY AMAGE $ AUTOS ONLY AUTOS ONLY er eccident UMBRELLA LIAB OCCUR EACH OCCURRENCE $

EXCESS LIAB CLAIMS- MADE AGGREGATE
DED RETENTION$
WORKERS COMPENSA710N
AND H_ EMPLOYERS' LIABILITY Y/ N
ANYPROPRIETOR/ PARTNER/ EXECUTIVE N/ A E. L. EACH ACCIDENT $ OFFICER/ ME MBEREXCLUDED? Mandatory in NH)
E. L. DISEASE- EA EMPLOYE If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICV LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES( ACORD 101, Additional Remarks Schedule, mey be aNached if more spaoe is required)

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN TONY& SONS TRUCKING, INC ACCORDANCE WITH THE POLICY PROVISIONS. 3523 WILMINGTON WAY STOCKTON, CA 95219

ACORD 25( 2016I03) The ACORD name and logo are registered marks of ACORD 122
AGENCY CUSTOMER ID:

LOC#:

A RO
ADDITIONAL REMARKS SCHEDULE Page 1 of ,
AGENCV

NAMEDINSURED
Progressive Insurance TONY& SONS TRUCKING, INC
POLICY NUMBER 3523 WILMINGTON WAY
007763840 STOCKTON, CA 95219

CARRIER

NAIC CODE
Progressive Express Ins 10193 EFFECTIVE DATE: 0 312 8/ 2 0 2 3

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages
Insurance coverage( s) Limits
Uninsured/ Underinsured Motorist 15, 000/$ 30, 000
Description of LocationNehicles/ Special Items
Scheduled autos only
2012 FRHT 125 1FUJGEDR5CSBM1575
Comprehensive 1, 000 Ded
Collision 1, 000 Ded
2015 FRHT SD4 1 FVMG3DV9FHGP9868....................................................................................................................................................

Comprehensive 1, 000 Ded
Collision 1, 000 Ded w/Waiver
2023 FORD F150 1FTFW1RG9PF648041
Comprehensive 1, 000 Ded
Collision 1, 000 Ded
Rental Reimbursement 40 Per Day($ 1200 Max)
Roadside Assistance Selected
Liability coverage may not apply to all scheduled vehicles.

The ACORD name and logo are registered marks of ACORD
123
124
ITEM 4. 10

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 1 WITH MIG INC.

TO UPDATE THE ADA SELF- EVALUATION AND

TRANSITION PLAN
RECOMMENDATION: Adopt Resolution Approving Amendment No. 1 with MIG Inc. to update the ADA SelfEvaluation and Transition Plan SUMMARY:

On May 3, 2023, the City and MIG Inc. entered into a Professional Services Agreement ( PSA) to prepare and update the City' s ADA Self- Evaluation and Transition Plan for a total cost of $ 74, 990. Upon reviewing the list of facilities provided to MIG Inc. ( MIG) it was discovered that there were additional sites that should be included in their scope of work.

This item is being presented to Council for approval because the initial PSA of$ 74, 990 and the proposed Amendment No. 1 of $ 5, 300, brings the total to $ 80, 290, which exceeds the City Manager' s signing limit of $ 74, 999. Therefore, staff request Council approve Amendment No. 1 with MIG, in the amount of $ 5, 300 to complete this project. Sufficient funds have been allocated in FY 23/ 24 approved budget.

BACKG ROU N D:

Congress enacted the Americans with Disabilities Act ( ADA) in 1990 requiring local governments to provide equal access to civic facilities, services, programs and activities for individuals with disabilities. An updated ADA Self- Evaluation and Transition Plan for the City is needed to survey existing facilities and to identify procedures and establish a schedule for achieving compliance with ADA requirements. In addition, Title 24 of the California Government Code specifies that all buildings, structures, sidewalks, curbs, and related facilities constructed in California with State, county or municipal funds, to be accessible and usable by persons with disabilities.

REASON FOR RECOMMENDATION:

Update to the City of Lathrop ADA Self Evaluation and Transition Plan is needed for the City to comply with ADA requirements. Staff request Council approve Amendment No. 1, with MIG for a total cost of $ 5, 300.

FISCAL IMPACT:

Sufficient funds have been allocated in FY 23/ 24 approved budget. 125
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 WITH MIG INC. TO UPDATE THE ADA SELFEVALUATION AND TRANSITION PLAN ATTACH M ENTS:

A. Adopt Resolution Approving Amendment No. 1 with MIG Inc. to update the ADA Self- Evaluation and Transition Plan
B. Amendment No. 1 with MIG, Inc., to update the ADA Self- Evaluation and Transition Plan
126
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 WITH MIG INC. TO UPDATE THE ADA SELFEVALUATION AND TRANSITION PLAN APPROVALS:
n zo z3
Carlos Carrillo Date
Management Analyst
3 2oz3
Brad aylor Date
City En ineer
3 Cari Jam Date
Director Finance
r • 1 • 20 • zo23
Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
1— oR ZOZ.3
Stephen J. Salvatore Date
City Manager
127
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 1 WITH MIG INC. TO UPDATE THE ADA SELFEVALUATION AND TRANSITION PLAN WHEREAS, Congress enacted the Americans with Disabilities Act ( ADA) in 1990 requiring local governments to provide equal access to civic facilities, services, programs and activities for individuals with disabilities; and WHEREAS, on May 3, 2023, the City and MIG Inc. entered into a Professional Services Agreement ( PSA) to prepare and update the City' s ADA Self-Evaluation and Transition Plan for a total cost of $ 74, 990; and
WHEREAS, upon reviewing the list of facilities provided to MIG Inc. ( MIG) it was discovered that there were an additional sites that should be included to their scope of work; and
WHEREAS, this item is being presented to Council for approval because the initial PSA of $ 74, 990 and the proposed Amendment No. 1 of $ 5, 300, brings the total to $ 80, 290, which exceeds the City Manager' s
signing authority of $ 74, 999; and
WHEREAS, sufficient funds have been allocated in FY 23/ 24 approved budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Amendment No. 1 with MIG, Inc. in the amount of 5, 300 to finalize the plan and update the City' s ADA Self-Evaluation and Transition Plan.
128
The foregoing resolution was passed and adopted this 14t'' day of August 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 129
ATTACHMEN7
M M
AMENDMENT NO. 1

TO THE AGREEMENT BETWEEN THE CITY OF LATHROP AND
MIG INC. DATED MAY 3, 2023

TO CONTINUE TO UPDATE THE CITY OF LATHROP ADA

SELF- EVALUATION AND TRANSITION PLAN
THIS AMENDMENT ( hereinafter" AMENDMENT NO. 1") to the agreement between MIG, Inc. and the City of Lathrop dated May 3, 2023, ( hereinafter " AGREEMENT") dated for convenience this 14t'' day of August 2023, is by and between MIG, Inc. (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY"); RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to provide ADA Self Evaluation and Transition Plan services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on May 3, 2023, CONSULTANT and CITY entered into an AGREEMENT to provide an update to the ADA Evaluation and Transition Plan, in the amount not to exceed 74, 990; and
WHEREAS, CONSULTANT has provided CITY with a scope of work attached hereto as Exhibit " A" for Amendment No. 1 for additional services needed to update the City of Lathrop ADA Evaluation and Transition Plan; and
WHEREAS, CONSULTANT is willing to render such ADA Self Evaluation and Transition Plan services, as hereinafter defined, on the following terms and conditions.

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

AMENDMENT NO. 1 TO AGREEMENT
1) Scope of Service. Section (1) of the AGREEMENT is hereby amended to add the following:

CONSULTANT agrees to perform ADA Self Evaluation and Transition Plan services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit "A" in addition to the scope of work in the original AGREEMENT dated May 3, 2023. CONSULTANT agrees to diligently perForm these services in accordance with the upmost standards of its profession and to CITY' S satisfaction. 2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:

City hereby agrees to pay CONSULTANT an additional cost of 5 300 for the services set forth in Exhibit "A" of this AMENDMENT NO. 1, with a total sum not to exceed of$ 80, 290 74, 990 for the original AGREEMENT, and $ 5, 300 for AMENDMENT NO. 1).

Page 1 of 3 ends

130
CITY OF LATHROP — MIG, INC.

AMENDMENT NO. 1 TO CONTINUE TO UPDATE THE CITY OF LATHROP ADA SELFEVALUATION AND TRANSITION PLAN 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.
3) Effective Date and Term
The effective date of AMENDMENT NO. 1 is August 14, 2023, and it shall terminate no later than June 30, 2024. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicabilitv to Oriqinal Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated May 3, 2023 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. 1 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 1 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.

Page 2 of 3 ends

131
CITY OF LATHROP— MIG, INC.

AMENDMENT NO. 1 TO CONTINUE TO UPDATE THE CITY OF LATHROP ADA SELFEVALUATION AND TRANSITION PLAN Approved as to Form: City of Lathrop
City Attorney
Z- y Z.o2.

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: MIG, Inc.
506 SW 6T" Avenue,# 400
Portland, OR 97204
Phone: ( 510) 845- 7549
Federal ID #
Lathrop Business License # 20235
Signature Date
Print Name and Title

Page 3 of 3 ends

132
EXHIBIT" ••
July 19, 2023
Carlos Carrillo
Management Analyst II
City of Lathrop Public Works Department
390 Towne Centre Drive, Lathrop, CA 95330
RE: City of Lathrop Updated ADA Transition Plan Request for Additional Services Dear Carlos,
Thank you again for the opportunity to provide ADA planning services for the City of Lathrop. MIG based our initial assumptions to prepare the City' s ADA Transition Plan on the facility list provided by the City. During our project kick- off meeting on May 17, 2023, the City identified additional facilities that should also be included in MIG' s facility evaluation. The following provides an overview of services in addition to our original scope and fee necessary to complete this project.

Adjusted Scope and Fee
The City is requesting to add five additional sites that require evaluation. These include Lathrop Elementary, Joseph Widmer Elementary School, Mossdale Elementary School, Lathrop High School, and Rotary Park. In our initial estimate we had planned an average of 2. 5 hours on site per facility, plus time for travel to and from Lathrop yielding three tightly- packed evaluation weeks split among multiple staff).

With the addition of these sites to the inventory, we estimate an additional 16 hours to our evaluations schedule which would require an additional trip for facility evaluations.

Upon the City' s approval, MIG requests a total of$ 5, 300 to be added to the current project budget to account for additional facility evaluations. The total includes$ 3, 900 in labor and $ 1, 400 in direct costs and travel expenses. This increases our total budget to $ 80, 290.

PIANNINGf DESIGMOCOMMUNiCAT10N5 MANAGEMEN7 5CfENCE TECHN LOGY 5Q" 5+J`, Sixtl, AvEr,, u, SaI? e 4 G Po U n€, C R` Ii2(; • :. 75, 4 5C??- 2) 7- 1C1( 5 « ir4uw. rriiqr orrl carr CJtf.<. in f{ c,.rnia + C:>> a, 3rsr> . i;:, 7<> ri . Tax:,_, • '," J : 7tc,. 133
We appreciate the opportunity to support the City and look forward to continuing our work in support of this important project. If you agree to the additional services request, please return a signed copy of this letter, and please feel free to contact me with questions or additional information needed.

Sincerely,
Jon Pheanis, AICP
Principal Director of Portland Operations
City of Lathrop Signature Date
Name
MIG, Inc. 2
134
ITEM 4. 11

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT FOR 95 LOTS IN TRACT
4151 WITHIN THE MOSSDALE VILLAGE AREA
RECOMMENDATION: Adopt Resolution Approving Final Map for Tract 4151 within the Mossdale Village Area, Totaling 95 Single
Family Lots and Subdivision Improvement
Agreement with D. R. Horton BAY, Inc.

SUMMARY:

D. R. Horton BAY, Inc. ( DRH) is in contract to purchase property located at the southwest corner of Sadler Oak Drive & Golden Valley Parkway within the Mossdale Village area ( Property") and requests Council approval of Final Map for Tract 4151 prior to its purchase of the Property. The current owners approve of the processing of the Final Map as stated in their Purchase and Sale Agreement with DRH. The proposed Final Map for Tract 4151, included as Attachment " C", will subdivide 19. 98 acres establishing a total of 95 single- family residential lots. A Vicinity Map is included as Attachment B".

Staff recommends that the City Council approve the proposed Final Map for Tract 4151 within the Mossdale Village Area, totaling 95 single- family lots and a Subdivision Improvement Agreement ( SIA) with DRH, included as Attachment ' D".

BACKGROUND:

On October 14, 2022, City Council approved the Vesting Tentative Map 22- 100 ( VTM22- 100) to create 85 residential lots and 3. 5 acres of park on 19. 98 acres of land.

On June 6, 2023, the Community Development Director made a finding of substantial conformance for VTM- 22- 100, which increased the lot count from 85 to 95, reduced the park size by one ( 1) acre, and extended the Street B" by approximately 120 feet. The land for the proposed Final Map for Tract 4151 is within the geographic boundaries of VTM- 22- 100.

Staff received a request from DRH to process the Final Map for Tract 4151. DRH is anticipated to complete its purchase of the Property 10 days after approval of Final Map for Tract 4151 and develop the site. DHR has acquired current owner' s permission to pursue Final Map approval on Property.

Pursuant to the Lathrop Municipal Code Chapter 16. 16, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements. The SIA is contingent on DRH providing the City with proof of ownership of Property within 2 months of Final Map approval. 135
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF FINAL MAP AND SIA FOR 95 LOTS IN TRACT 4151 WITHIN

THE MOSSDALE VILLAGE AREA
The total estimated cost of the onsite subdivision improvements for Tract 4151 is 3, 645, 800. Performance and labor & material securities have been provided to the City with the proposed SIA in the amount of:

Im rovement Total: 3, 645, 800
Performance Bond 150% of Unfinished Im rovements $ 5, 468, 700 Labor & Material Bond 50% of Performance Bond 2, 734, 350 The SIA also guarantees funding for future Golden Valley Parkway improvements, construction of the Neighborhood Park through a future encroachment permit, and the construction of improvements for Sadler Oak Drive through a future encroachment permit separate from the aforementioned Neighborhood Park.

As required by the SIA, DRH shall establish a Community Facility District ( CFD) for Tract 4151 prior to issuance of first building permit within the Final Map area to fund any future maintenance and operating costs of anticipated improvements.

On the July 10, 2023, City Council approved the Wastewater Treatment Capacity Transfer Agreement, allowing the transfer of wastewater treatment capacity from South Lathrop Land, LLC, to DRH, contingent on the approval of the Final Map for Tract 4151.

Acceptance of the public improvements will be prepared for Council consideration by staff at a later date when the improvements are completed. Prior to acceptance, DRH will be required to provide a one ( 1) year warranty bond.

DRH must satisfy the Escrow Instructions, included as Attachment E", by depositing necessary sums and required security to guarantee the payment of all fees and execution of the documents related to the SIA.

REASON FOR RECOMMENDATION:

DRH has fulfilled the requirements of the Lathrop Municipal Code Chapter 16. 16 as listed below:

Documents Status

1. Final Map ready for signature Received

2. Subdivision Improvement Agreement Received

3. Faithful Performance and Labor & Materials Security Received

4. Street Improvement, Landscape, Light & Joint Trench
Received
Plans, Traffic Si nal Plans

5. Geotechnical Report Received
136
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF FINAL MAP AND SIA FOR 95 LOTS IN TRACT 4151 WITHIN

THE MOSSDALE VILLAGE AREA

6. Allocation of Water and Sewer capacity documents
To be provided in
escrow

7. Escrow Instructions Received
Fees Status

1. Final Map plan check fee Paid

2. Improvement Plans - Plan check and inspection fees Paid

3. Sierra Club Settlement fee
To be paid in
escrow

4. Funding for Golden Valley Parkway Improvements and To be paid in Traffic Si nal escrow
FISCAL IMPACT:

There is no fiscal impact to the City because all costs to prepare property entitlements are paid by the developer and the City' s future maintenance and operating costs for the future public improvements will be paid by the future CFD that is required pursuant to the SIA.

ATTACH M ENTS:

A. Resolution Approving Final Map for Tract 4151 within the Mossdale Village Area, Totaling 95 Single Family Lots and Subdivision Improvement Agreement with D. R. Horton BAY, Inc.

B. Vicinity Map - Tract 4151
C. Draft Final Map - Tract 4151
D. Subdivision Improvement Agreement with D. R. Horton BAY, Inc. for Final Map Tract 4151
E. Escrow Instructions - Final Map 4151
137
CITY MANAGER' S REPORT PAGE 4
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF FINAL MAP AND SIA FOR 95 LOTS IN TRACT 4151 WITHIN

THE MOSSDALE VILLAGE AREA

APPROVALS
l,'2' 2
Bellal Nabizadah Date
Assistant Engineer
3 lZOZ3
Brad T lor Date
City Engineer
f
Cari ) ames ' Date
Finance Directo
7 • 31• 2 023
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
L--- , 3• I • ZOz3
Stephen ). Salvatore Date
City Manager
138
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING FINAL MAP FOR TRACT 4151 WITHIN THE MOSSDALE VILLAGE AREA, TOTALING 95 SINGLE FAMILY LOTS AND SUBDIVISION
IMPROVEMENT AGREEMENT WITH D. R. HORTON BAY, INC.

WHEREAS, on October 14, 2022, City Council approved the Vesting Tentative Map 22- 100 ( VTM- 22- 100) to create 85 residential lots and 3. 5 acres of park on 19. 98 acres of land; and
WHEREAS, on June 6, 2023, the Community Development Director made a finding of substantial conformance for VTM- 22- 100, which increased the lot count from 85 to 95, reduced the park size by one ( 1) acre, and extended the " Street B" by approximately 120 feet; and
WHEREAS, the land for the proposed Final Map for Tract 4151 (" Property") is within the geographic boundaries of VTM- 22- 100; and
WHEREAS, staff received a request from D. R. Horton BAY, Inc. ( DRH) to process the Final Map for Tract 4151. DRH is anticipated to complete its purchase of the Property 10 days after approval of Final Map for Tract 4151 and develop the site.

DHR has acquired current owner' s permission to pursue Final Map approval on Property; and
WHEREAS, as required by the Lathrop Municipal Code Chapter 16. 16, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements. The SIA is contingent on DRH providing the City with proof of ownership of Property within 2 months of Final Map approval; and WHEREAS, performance and labor & material securities have been provided with the proposed SIA for Tract 4151 that guarantee the onsite subdivision improvements for Tract 4151, in the amount as follows
Im rovement Total: 3, 645, 800
Performance Bond 150% of Unfinished Im rovements 5, 468, 700 Labor & Materials Bond 50% of Performance Bond 2, 734, 350 and
WHEREAS, the SIA also guarantees funding for future Golden Valley Parkway improvements, construction of the Neighborhood Park through a future encroachment permit, and the construction of improvements for Sadler Oak Drive through a future encroachment permit separate from the aforementioned Neighborhood Park; and
WHEREAS, as required by the SIA, DRH shall establish a Community Facility District ( CFD) for Tract 4151 prior to issuance of first building permit within the Final Map area to fund any maintenance and operating costs for anticipated improvements; and
139
WHEREAS, on the July 10, 2023, City Council approved the Wastewater Treatment Capacity Transfer Agreement, allowing the transfer of wastewater treatment capacity from South Lathrop Land, LLC, to DRH, contingent on the approval of the Final Map for Tract 4151.

WHEREAS, acceptance of the public improvements will be prepared for Council consideration by staff at a later date when the improvements are completed.

Prior to acceptance, ( DRH) will be required to provide a one ( 1) year warranty bond; and
WHEREAS, DRH must satisfy the Escrow Instructions, included as Attachment D" to the City Manager' s Report that accompanied this Resolution, by depositing necessary sums and required security to guarantee the payment of all fees and execution of the documents related to the SIA; and
WHEREAS, there is no fiscal impact to the City because all costs associated with this entitlement are paid by the developer and the City' s maintenance and operating costs for the future public improvement will be paid by the future CFD that is required pursuant to the SIA.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop that approves the following contingent on DRH taking ownership of the subject property within 2 months of the date of this action:

1. The Final Map for Tract 4151 and is hereby approved as submitted for recordation with the San Joaquin County Assessor/ Recorder/ County Clerk Office subject to the D. R. Horton BAY, Inc.' s completion of requirements of the escrow instructions.

2. The proposed Subdivision Improvement Agreement with D. R. Horton BAY Inc. and related documents, including herein- referenced escrow instructions attached to the City Manager' s Report that accompanied this Resolution, in substantially the form as attached to the August 14, 2023 staff report. 140
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of August 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 141

ATTACHMENT
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VICINITY MAP

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KIER-- WRIGHT J
3350 Scott Boulevard, Building 22 Phone: ( 408) 727- 6665 Santa Clara, California 95054 www. kierwright. com
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150

ATTACHMENT
N

CITY OF LATHROP

SUBDIVISION IMPROVEMENT AGREEMENT
EAGLES LANDING— TRACT 4151
D. R. HORTON BAY, INC.

This Subdivision Improvement Agreement (" Agreement") is made and entered into this fourteenth ( 14t'') day of August, 2023 (" Effective Date"), by and between the CITY OF LATHROP, a municipal corporation of the State of California(" CITY") and D.R. HORTON BAY, INC., a Delaware Corporation(" SUBDIVIDER"), regarding APN: 241- 02- 063 located within the City of Lathrop (" PROPERTY") .

RECITALS
A. On October 14, 2022, CITY approved Vesting Tentative Map 22- 100 ( VTM-22- 100) to create 85 residential lots on 19. 98 acres of land. VTM-22- 100 also created a parcel for a

3. 5 acres park and residential roads. On June 6, 2023, CITY Community Development Department made a finding of substantial conformance to increase the total lot count from 85 to 95, reduce the park size by 1 acre and extend " Street B" by approximately 120 feet.

B. SUBDIVIDER intends to record one Final Map far Tract 4151 to complete the Eagles Landing Subdivision, as shown in Exhibit" A"( hereinafter" Final Map"). The land for the proposed Final Map is within the geographic boundaries of VTM- 22- 100.

C. SUBDNIDER shall be responsible for compliance with all conditions of approval associated with, including, without limitation, the construction or cash deposit of specified improvements (as that term is defined below) as described more fully herein.

D. Pursuant to Division 2 of Title 7 ofthe Government Code ofthe State of California and CITY' s Subdivision Regulations ( City of Lathrop, Code of Ordinances, Chapter 16), SUBDNIDER is required to make certain offers of dedication and to construct certain 151
Improvements required under the Conditions ofApproval on the VTM( collectively," COAs") and as identified in the approved Final Map, Improvement Plans and this Agreement.

For purposes of this Agreement, the term " Improvements" shall collectively mean all public improvements required under the COAs and as expressly set forth in this Agreement that will provide services and access to lots within the Final Map and the term Improvement Plans" shall collectively refer to the Improvement Plans approved by CITY.

E. Pursuant to the Lathrop Municipal Code, SUBDIVIDER is obligated to design, permit and construct two acres of Neighborhood Park for every 1000 residents. The Final Map consists of 95 lots with an average of 3. 49 persons per household for a total of 332 residents, resulting in a required Neighborhood Park area of 0.66 acres. However, the park acreage designated in the City' s General Plan and the Mossdale Landing South Urban Design Concept is

2. 7 acres. To compensate SUBDIVIDER for the additional park area and to ensure that the park amenities align with CITY Standards, CITY staff will make a recommendation to CITY Council to fund a contribution of an amount not to exceed$ 1, 250, 000 to SUBDIVDER for the construction of the Neighborhood Park from the Culture and Leisure— Neighborhood Park Capital Facility Fee priar to issuance of the Encroachment Permit detailed in Section 16 of this Agreement. If CITY Council approves of the compensation, CITY and SUBDIVIDER shall enter into a reimbursement agreement for the funding of the Neighborhood Park prior to issuance of the Encroachment Permit as detailed in Section 16 of this Agreement. If CITY Council does not approve of the compensation, SUBDIVDER shall construct a Neighborhood Park with limited amenities to align with a budget that is proportionate to their obligation. 152

AGREEMENT
NOW, THEREFORE, in consideration of CITY' S pending ( 1) approval of the Final Map on August 14, 2023, and subsequent recardation, ( 2) approval of Improvement Plans in accordance with the terms of this Agreement and all applicable laws and regulations and in consideration of the SUBDIVIDER' s pending ownership of the land within the boundary of the Final Map hereinafter referred to as " SUBDIVIDER Property"), the parties hereto mutually covenant and agree as follows:

1. SUBDIVIDER shall acquire and provide proof of ownership of land to CITY within two ( 2) months of Council approval of Final Map. If proof of ownership is not provided within 2 months, this Agreement shall be null and void.

2. SUBDIVIDER shall construct or cause to be constructed at its sole cost and expense the Improvements as specified and in accordance with the provisions of this Ageement. All Improvements shall be constructed to the reasonable satisfaction and approval of the City Engineer, in an ethical and workmanlike manner in accordance with the approved Improvement Plans and specifications, the applicable improvement standards and specifications of the CITY' S Department of Public Works, the applicable Ordinances of the City Lathrop, and the applicable provisions ofthe California Subdivision Map Act.

3. SUBDIVIDER shall complete, and CITY shall have accepted all Improvements by August 14, 2024, subject to any extension( s) provided for herein and as otherwise expressly provided for in this Agreement.
153
Provided, however, that said deadline shall be extended for twenty-four ( 24) months upon SUBDNIDER' s request to CITY, supported by reasonable documentation that it is using commercially reasonable efforts to complete same and have said Improvements accepted by CITY.

4. CITY, or its agent( s), shall, at any time during the progress of the Improvements, have free access thereto, and shall be allowed to examine the same and all material to be used therein. If the Improvements or any part thereof are not completed in strict compliance with the standards set forth in Paragraph 1 above, CITY may refuse to accept and may reject the defective Improvements and/ or materials therein.

5. SUBDIVIDER shall secure the services of skilled personnel necessary to construct the Improvements. CITY is not skilled in these matters and relies upon the skill of the SUBDIVIDER to ensure that the construction of the Improvements is in the most skillful and durable manner.

6. CITY' S acceptance of the Improvements does not operate as a release of SUBDNIDER from any guarantee hereunder.

7. SUBDIVDER shall establish a Community Facilities District( CFD) for the funding of the maintenance of the streets, storm water system, lighting, landscaping and park prior to the issuance ofthe first building permit within the Final Map area.

8. The parties acknowledge and agree that SUBDIVIDER is removing any existing well sites as required in accordance with applicable laws and regulations, including those required by the County Environmental Health Department. The parties further acknowledge and agree that SUBDIVIDER is conveying any and all groundwater rights associated therewith to CITY via the Final Map.
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9. SUBDIVIDER guarantees and warrants that the Improvements shall be constructed in compliance with the standards set forth in Paragraph 2 above, free from any defects in work or labor done and from any defects in materials furnished. Further, SUBDNIDER shall repair and warranty the Improvements in good condition and in accordance with CITY specifications for one 1) year after CITY' s acceptance of the Improvements. As required by this Agreement, prior to acceptance of the Improvements, SUBDIVIDER shall deposit with the City a Warranty Bond in the amount equal to ] 0% of improvement cost ( Cost x 10%) for the Improvements for Tract 4151 to ensure SUBDIVIDER' s repair and warranty of the Improvements in accordance with the terms of this Agreement. The Warranty Bond shall be released at the end of the one- year guarantee period provided no claims against it are then outstanding.

10. If SUBDIVIDER, in whole or in part, abandons the Improvements, or unnecessarily or unreasonably delays construction of the Improvements, fails to complete construction of the Improvements within the time specified in this Agreement, or fails to repair, replace or reconstruct any defects, CITY may, but is not required to, proceed to complete and/ or repair, replace, or reconstruct the Improvements, either by itself or by contract for such service, and CITY may cause to be forfeited such portion of any security deposited therein as is necessary to cover the costs of completion, repair, replacement, ar reconstruction incurred by CITY. Once action is taken by CITY to complete, repair, replace and/ or reconstruct the Improvements, SUBDIVIDER shall be responsible for all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work.
155

11. The CITY shall have recourse against SUBDIVIDER for any and all amounts necessary to complete the obligations of SUBDIVIDER in the event the security (including but not limited to any Letter of Guarantee, Certificate of Deposit, cash, bond for performance, labor and materials and repair and maintenance, letter of credit or cash deposit) therefare is insufficient to pay such amounts. All administrative costs, including reasonable attorney' s fees pursuant to Government Code Section 66499. 4, incurred by the CITY, in addition to the costs of the improvements shall be a proper charge against the security and SUBDIVIDER. In the event it becomes necessary for CITY to bring an action to compel performance of this Agreement or to recover costs of completing such improvements, SUBDIVIDER shall pay reasonable attorney' s fees, costs of suit and all other expenses of litigation incurred by CITY in connection therewith.

12. SUBDIVIDER is required to post Performance and Labor & Materials bonds to guarantee the Improvements associated with the Final Map as included and described in Exhibit C" of this Agreement. The amount of performance security shall be equal to the unfinished Improvement cost plus a 50% contingency( Cost x 150%). The corresponding labor and materials bond amount shall be 50% of the performance bond amount ( Performance Security x 50%).

Further, SUBDIVIDER shall also comply with CITY' s insurance requirements set forth on Exhibit B" attached hereto and incorporated herein. The Performance and Labor& Materials bond values are shown in Table 1 of this Agreement.

Table 1 — Bond Values
Improvement Total 3, 645, 800
Performance Bond Value( 150% of Unfinished Improvement
5, 468, 700
Total
Labor & Materials Bond Value ( 50% of Performance Bond
2 34, 350
Value
156

13. SUBDIVIDER shall construct or cause to be constructed at its sole cost and expense the offsite improvements required by the COA' s of the VTM by and Between the City of Lathrop, and D.R Horton, Inc. The offsite improvements include, but are not limited to, completion ofthe following offsite improvements ( hereinafter collectively referred to as " Offsite Improvements"):
a. Sadler Oak Drive Improvements: The applicant shall construct curb, gutter, sidewalk, landscaping, streetlights, new intersections and repair any existing pavement along the frontage of the Project. SUBDIVIDER shall obtain or cause to be obtained an encroachment permit, prior to issuance of first building permit within Final Map, from CITY for the Sadler Oak Drive Improvements as Sadler Oak Drive is within the CITY right-of-way. SUBDIVIDER shall provide or cause to be provided sufficient performance and labor and materials bonds for the Sadler Oak Drive Improvements.
b. All new and existing utilities under 34. 5 kVA shall be placed underground within and adjacent to frontage of the Project.

14. In lieu of SUBDIVIDER constructing Golden Valley Parkway within the frontage of the Final Map and the traffic signal at Golden Valley Parkway and Sadler Oak Drive, SUBDIVIDER shall deposit in escrow prior to recordation of the Final Map, cash in the amount of$ 1, 461, 300 and release to CITY, with no right ofreconciliation, for such offsite improvements as detailed in Exhibit" D".

15. Pursuant to the Lathrop Municipal Code, SUBDIVIDER is obligated to design, permit and construct two acres of Neighborhood Park for every l 000 residents. The Final Map consists of 95 lots with an average of 3. 49 persons per household for a total of 332 residents, resulting in a required Neighborhood Park area of 0. 66 acres. 157
However, the park acreage designated in the City' s General Plan and the Mossdale Landing South Urban Design Concept is 2. 7 acres. To compensate SUBDNIDER for the additional park area and to ensure that the park amenities align with CITY Standards, CITY staff will make a recommendation to CITY Council to fund a contribution of an amount not to exceed 1, 250,000 to SUBDIVDER for the construction of the Neighborhood Park from the Culture and Leisure — Neighborhood Park Capital Facility Fee prior to issuance of the Encroachment Permit detailed in Section 16 of this Agreement. If CITY Council approves of the compensation, CITY and SUBDIVIDER shall enter into a reimbursement agreement for the funding of the Neighborhood Park prior to issuance of the Encroachment Permit as detailed in Section 16 of this Agreement. If CITY Council does not approve of the compensation, SUBDIVDER shall construct a Neighborhood Park with limited amenities to align with a budget that is proportionate to their obligation.

16. SUBDIVIDER guarantees its obligation to compete, at its sole cost, the frontage and grading improvements of the Neighborhood Park with this Ageement with the performance and labor & materials bonds. The Neighborhood Park land is dedicated to CITY as part of the Final Map and therefore SUBDIVIDER shall obtain or cause to be obtained an encroachment permit, prior to issuance of first building permit within Final Map, from CITY for the Neighborhood Park construction as CITY will be the owner ofthe park land. SUBDIVIDER shall provide or cause to be provided sufficient performance and labor and materials bonds for the Neighborhood Park improvements. SUBDNIDER shall, prior to issuance of the 24' building permit within the Final Map area, commence construction ofthe Neighborhood Park at the cost of the SUBDIVIDER. SUBDIVIDER shall, prior to the issuance of the 72nd building permit within the Final Map area, complete construction of the Neighborhood Park at the cost of the 158
SUBDIVIDER. Pursuant to the terms of this Agreement, CITY will not issue building permits if SUBDIVIDER does not perform the required construction prior to the aforementioned deadlines.

17. SUBDIVIDER shall secure 17, 100 gallons per day of wastewater treatment capacity from CITY, which is sufficient capacity for the 95 lots within Tract 4151, prior to recordation of the Final Map. Purchase of wastewater treatment capacity shall comply with the terms of the" Wastewater Treatment Capacity Transfer Ageement" between South Lathrop Land, LLC, D.R Horton Bay, Inc, and the City of Lathrop. SUBDIVIDER shall, prior to recordation of the Final Map, assign and allocate wastewater capacity to each lot within the Final Map area.

SUBDIVIDER shall deposit cash, at close of escrow of Final Map, to City in the amount listed in the escrow instructions attached to the City Manager' s Report as Attachment" E".

18. SUBDIVIDER shall secure 22, 325 gallons per day of water capacity from CITY, which is sufficient capacity for the 951ots within Tract 4151, prior to recordation ofthe Final Map.

SUBDIVIDER shall, prior to recordation of the Final Map, assign and allocate water capacity to each lot within the Final Map area. SUBDNIDER shall deposit cash, at close of escrow of Final Map, to City in the amount listed in the escrow instructions attached to the City Manager' s Report as Attachment" E".

19. SUBDIVDER sha11 provide a Storm Water Quality Operation and Maintenance Plan and execute a Storm Water Treatment Device Access and Maintenance Agreement with the City prior to offering dedication of improvements to CITY.

20. SUBDIVIDER shall, prior to offering dedication of improvements to CITY, provide or cause to be provided the GIS layers and attributes in compliance with the City Standards effective at the time of offering dedication of improvements to CITY related to Tract 4151 as well as the Offsite Improvements.
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21. SUBDIVIDER shall deposit cash, at close of escrow of Final Map, to CITY in the amount shown in Table 2 below as payment for the Agricultural Mitigation Fee, which fulfills the obligation for payment pursuant to the Sierra Club Agreement.

Table 2— Agricultural Mitigation Fee
Tract Acrea e Cost/ Acre Total Fee
4151 17. 86 3, 352 59, 866. 72

22. Neither CITY nar any of its officers, employees or agents shall be liable to SUBDIVIDER, and/ or SUBDNIDER' S agents, contractors or subcontractors for any error or omission arising out of or in connection with any work to be performed under this Agreement on SUBDIVIDER Property other than the parcels of the subdivision owned by SUBDIVIDER ( and its successors and assigns).

23. Neither CITY nor any of its officers, employees or agents shall be liable to SUBDNIDER or to any person, entity, or organization, for any injury or damage that may result to any person or property from the subdivision of all or any part of the land covered by this Agreement.

24. SUBDIVIDER hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents and employees ( collectively, the " Indemnitees"), harmless from any liability for damage or claims which arises from SUBDIVIDER and/ or SUBDIVIDER' S contractors, subcontractors, agents, lessees, or employees' operations under this Agreement, whether such operations be by SUBDIVIDER or by any of SUBDIVIDER' S contractars, subcontractars, lessees, or by any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER or any of SUBDIVIDER' S contractors or subcontractors. 160
SUBDIVIDER shall, at its own cost and expense, defend any and all actions, suits, ar legal proceedings of any type that maybe brought or instituted against CITY and the Indemnitees on any claim or demand, of any nature whatsoever, and pay or satisfy any judgment that may be rendered against CITY and the Indemnitees in any such action, suit or legal proceedings, resulting from or alleged to have resulted from SUBDIVIDER performance or non-performance of its duties and obligations under this Agreement, or from the negligent act or omission of itself, its agents, contractors, representatives, servants or employees, except in the event and to the extent said claims resulted from the gross negligence or willful misconduct of CITY and/ or the Indemnitees. The promises and agreement to indemnify and hold harmless set forth in this Paragraph are not conditioned or dependent on whether or not any indemnity has prepared, supplied or approved any plan or specification in connection with this work or subdivision, whether or not any such indemnity has insurance or indemnification covering any of these matters. CITY does not, and shall not, waive any rights against SUBDIVIDER which it may have by reason of the afaresaid hold harmless agreement, because ofthe acceptance by CITY of any deposit with CITY by SUBDNIDER. The aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any ofthe aforesaid operations referred to in this Paragraph 17, regardless of whether or not CITY has prepared, supplied ar approved of, plans and/ or specifications far the subdivision.

25. Neither SUBDIVIDER nor any of SUBDNIDER' S agents, contractors, lessees or subcontractors are, or shall be, considered to be agents of CITY in connection with the performance of SUBDIVIDER' S obligations under this Agreement. Neither CITY nor any of 161
CITY' s agents, contractors, lessees or subcontractors are, or shall be, considered to be agents of SUBDIVIDER in connection with the performance of any work contemplated under this Agreement. SUBDIVIDER shall not assign this Agreement without the prior written consent of CITY, which such consent shall not be unreasonably delayed, conditioned or denied, except that this Agreement may be assigned to any purchaser or transferee of an interest in all ar a part of the SUBDIVIDER Property without the need for CITY consent. If such consent is given, or not required, the terms of this Agreement shall apply to and bind the heirs, successors, executors, administrators and assignees of SUBDIVIDER, and any heirs, successors, executors, administrators and assignees of SUBDIVIDER shall be jointly and severally liable hereunder unless SUBDIVIDER and its assignee have executed an Assignment and Assumption Agreement in which case SUBDIVIDER shall be released from all of its obligations hereunder so assigned to the assignee. Notwithstanding anything to the contrary in the foregoing, SUBDIVIDER shall be permitted to assign its rights and obligations under this Agreement to any " Affiliate", which is defined to mean an entity ar person that is directly or indirectly Controlling, Controlled by, or under common Control of SUBDIVIDER. The term " Control" as used herein, shall mean the power to direct the day- to- day management of SUBDIVIDER, and it shall be a presumption that Control with respect to a corporation or limited liability company is the right to exercise, directly or indirectly, more than fifty percent ( 50%) of the voting rights attributable to the Controlled corporation or limited liability company, and, with respect to any individual, partnership, trust, other entity or association, Control is the possession, indirectly ar directly, of the power to direct ar cause the direction ofthe day-to- day management of the controlled entity.

26. Prior to acceptance of the Improvements by the City Council, the SUBDNIDER shall be solely responsible for maintaining the quality of the Improvements, and maintaining safety 162
at the project site. The SUBDIVIDER' S obligation to provide the Improvements shall not be satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, and the City Council has accepted the Improvements as complete. The CITY and SUBDIVIDER shall form Community Facilities Districts to finance maintenance and improvements within 2 months of Final Map approval. The CITY expects to preserve the ability to use future special taxes of the CFD for payment of the cost of acquisition of the Improvements, which may require that acceptance of improvements by CITY be subject to the provisions of an acquisition agreement to be entered into by the CITY and SUBDIVIDER providing that CITY expects to be paid or reimbursed acquisition costs through future CFD special taxes. SUBDIVIDER shall cooperate to facilitate such method of acquisition.

27. SUBDIVIDER shall, at its expense, require or cause to require all its contractors and sub- contractors to obtain and maintain all necessary permits and licenses for construction of the Improvements, and commercially reasonable insurance. Prior to the commencement of said Improvement construction, the General Contractor/ subcontractors shall obtain a City of Lathrop Business License. SUBDIVIDER and CITY, as applicable, shall comply with all applicable local, state and federal laws applicable to this Agreement whether or not said laws are expressly stated in this Agreement.

28. This Agreement and the Exhibits attached hereto comprise the entire understanding and agreement between the parties regarding the subject matter of this Agreement. The Recitals are incorparated into this Agreement by this reference, as iffully set forth herein.

29. Notices. For purposes of this Agreement, " notice" means any notice, demand, request, or other communication to be provided under this Agreement. All notices shall be in 163
writing and shall be sent to the below addresses or at such other addresses as either party may later specify for that purpose.

30. All notices required or permitted under this Agreement shall be personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier, such as FedEx or UPS, with charges prepaid for next business day delivery, addressed to the parties as follows:

If to CITY: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Clerk
Email: website cco( a) ci. lathrop. ca. us
With a
copy: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: Salvador Navarrete, City Attorney
Email: website cao( cr, ci.lathrop. ca. us
If to SUBDIVIDER: D.R. Horton BAY, Inc.
3000 Executive Parkway, Suite 100
San Ramon, CA 94588
Attn: Michael Mandell
Email: MDMandell( a,drhorton. com
The date of any notice shall be the date of receipt, provided that, rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice sent. Either party may change its address for notice by giving notice to the other party in accordance with this Paragraph 22.

23. The following miscellaneous provisions are applicable to this Agreement:
a. Controllin. The parties agree that this Agreement shall be governed and construed by and in accordance with the laws of the State of California. b. Definitions. The definitions and terms are as defined in this Agreement. 164
c. Exhibits. The following exhibits are attached to this Agreement and are incorporated to this Agreement by this reference:

EXHIBIT A: FINAL MAP TRACT 4151
EXHIBIT B: CITY INSURANCE REQUIREMENTS
EXHIBIT C: TOTAL IMPROVEMENT ESTIMATE
EXHIBIT D: ENGINEER' S OPINION OF PROBABLE CONSTRUCTION

COSTS FOR GOLDEN VALLEY PARKWAY
d. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, and all performance and other dates specified in this Agreement shall be extended, where delays are due to: war; insurrection; strikes and labor disputes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; acts of terrorism; epidemics and related governmental orders and restrictions; quarantine restrictions; freight embargoes; materials shortages and/ or inability to obtain materials due to tariffs, governmental restrictions or priority; unusually severe weather; acts or omissions of the other party; or acts or failures to act of any public or governmental agency or entity ( except that acts or failures to act of CITY shall not excuse performance by CITY); or moratorium ( each a " Force Majeure Delay"). An extension of time for any such cause shall be for the period ofthe enforced delay and shall commence to run from the time ofthe commencement of the cause, ifNotice (as that term is defined above) by the party claiming such extension is sent to the other party within sixty( 60) days ofthe commencement of the cause. e. Headin s. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part ofthis Agreement. f. Incorporation of Documents. All documents referred to herein and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated herein and shall be deemed to be part of this Agreement. 165
g. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is ageed to in writing and signed by the parties. h. Severabilitv. 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.
i. Successors and Assi ns. Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
j. Time of the Essence. Time is of the essence of this Agreement and each of its provisions ( subject to Subparagraph 23( d)).

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. k. Venue. In the event either party brings that suit 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. The party in whose favor judgment is entered shall be awarded reasonable attorneys' fees.
166
IN WITNESS WHEREOF, the parties hereto have executed this Ageement on this 14' day ofAugust 2023.

CITY OF LATHROP,
A California municipal corporation of the
State of California
By:

Stephen J. Salvatore Date
City Manager
ATTEST:

City Clerk of and for the City
of Lathrop, State of California
By:

Teresa Vargas Date
City Clerk

APPROVED AS TO FORM BY TH ITY OF LATHROP CITY ATTORNEY
By: 3
Salvador Navarrete Date
City Attorney
167
SUBDIVIDER:

By: D. R. Horton Bay, Inc.
a Delaware Corporation
Chris Zaballos Date
Vice President
168

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177

EXHIBIT B

CITY INSURANCE REQUIREMENTS
l. The Subdivider shall obtain commercial general liability insurance companies licensed to do business in the State of California with an A.M. Best Company rating Insurance rating of no less than A:VII which provides coverage for bodily injury, personal injury and property damage liability in the amount of at least$ 1, 000, 000 for each occurrence and $ 2, 000, 000 in the aggregate.

Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements, executed by an authorized official of the insurer( s). All parties to the Subdivision Improvement Agreement must be named insured on the policy. The policy endorsements to be attached to the certificate must provide all the following:
a. Name the City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents as additional insured as respects to any liability arising out of the activities of the named insured. A CG 2010 or CG 2026 endorsement form or the equivalent is the appropriate form.
b. State that " the insurance coverage afforded by this policy shall be primary insurance as respects to the City of Lathrop, its officers, employees and agents. Any insurance or self-insurance maintained by the City of Lathrop, its officers, employees, or agents shall be in excess of the insurance afforded to the named insured by this policy and shall not contribute to any loss. c. Include a statement that, " the insurer will provide to the City at least thirty ( 30) days prior notice of cancellation or material change in coverage." The above language can be included on the additional insured endorsement form or on a separate endorsement form. d. The policy must contain a cross liability or severability of interest clause. e. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement ar the work, so long as commercially available at reasonable rates.
178
A

DATE( MM/ DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE o8, a„ 2o23
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICfES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed. " m If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on — this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). d PRODUCER CONTAC7 NAME:

AOII RlSk rnsurance 52fV1C25 W25C If1C. PHONE FAX
Denver CO Office
Inic. r+o. e n: ( 866) 283- 7122 ac. No.: ( 800) 363- 0105 v 0 1900 16th Street, Suite 1000 E• MAIL x
Denver CO 80202 USA
ADDRESS:

INSURER S) AFFORDING COVERAGE NAIC il
INSURED INSURERA: L1b21' tY IfISUI" dflCe Corporation 424 4 R. Horton Bay, Inc. iNsuRERs: AIG Specialty insurance ompany 26883 3000 Executive Parkway Suite 100
San Ramon CA 94583 USA INSURERC:

INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 570101025093 REVISION NUMBER:

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as re uested

INSR ADDL SUBR POLICY EFF POLICV EXP

LTR TYPE OF INSURANCE INSD NND POLICY NUMBER MMIDD/ YYYY) ( MM/ DDIYYYY) LIMITS B
X COMMERCIALGENERALLIABILI7Y RMGGL1595449 O OL ZO23 O OZ ZO24 EACHOCCURRENCE ES OOO OOO SIR applies per policy ter s & condi ions onnnnceroReNTeo CLAIMS- MADE OCCUR 50, 000 PREMISES( Ea occurcence)
MED EXP( Any one person) Excl uded
PERSONAL 8 ADV INJURY S OOO OOO
GENER4LAGGREGATE S OOO, OOO GEN' L AGGREGATE UMIT APPLIES PER.

X POLICY PE LOC PRODUCTS- COMP/ OP AGG S S OOO OOO
o
OTHER SIR/ Deductible SDOrO o
n
A AUTOMOBILELIABILITY A57- 651- 288173- 033 07/ Ol/ 2023 07/ Ol/ 2024 COMBINEDSINGLELIMIT Z OOO OOO Ea accideni)
X

ANY AUTO
BODILY INJURY( Per person) O
SCHEDULED BODILY INJURY( Per accident) Z
OWNED
AUTOS d
AUTOS ONLY PROPERTV DAMAGE iC
HIREDAU70S NON- OWNED Peraccident) V

ONLV AUTOS ONLY
Yd

UMBRELLALIAB OCCUR EACHOCCURRENCE
V

EXCESS LIAB CLAIMS- MADE

AGC REGATE

DED RETENTION
q WORKERSCOMPENSATIONAND wA765D288173013 07/ Ol/ 2023 07/ Ol/ 2024 , PERSTATUTE ORTHEMPLOYERS' LIABILIN

ANYPROPRIETOR/ PARTNER/

Y N AOS
E. L. EACHACCIDENT I OOO OOO
A
execunveoFFicewMenneeR
N N/ A WC7651288173023 07/ Ol/ 2023 07/ O1/ 2024
Mandatory in NM) yyj E. L. DISEASE- EA EMPLOYEE 1 OOO OOO If yes describe under
DESC` RIP710N OF OPERATIONS below E. L. DISEASE- POLICY LIMIT 1 OOO OOO DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES( ACORD 107, Additional Remarks Schedule, may be atta< hed it more space is required) City of Lathrop, elected officials, employees, agents and volunteers are included as ndditional Insured in accordance with the policy provisions of the General ability and Automobile Liability policies. n waiver of 5ubrogation is granted in favor of Certif cate tiolder in accordance with the policy provisions of the General iability, Automobile iability and workers' Compensation policies.
1 CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF 7HE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. j CILY Of athrop AUTHORIZEDREPRESENTATIVE
390 Towne Centre Drive
athrop Ca 95330 Usa,
n `% G !,/.
r
OO 1988- 2015 ACORD CORPORATION. All rights reserved
ACORD 25( 2016103) The ACORD name and logo are registered marks of ACORD 179
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement, effective: 12: 01 A. M. 07/ 01/ 2023
Forms a part of Policy No.: RMGGL 159- 54- 49
Issued to D. R. Horton
By: American International Specialty Lines Insurance Company

ADDITIONAL INSURED-- OWNERS, LESSEES OR CONTRACTORS( FORM B) This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name if Person or Organization:

ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE PERFORMING OPERATIONS WHEN YOU AND

SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY.

If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED ( Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of" your work" for that insured by or for you.

PRIMARY/ NON- CONTRIBUTORY WORDING:

IT IS AGREED THAT THIS POLICY IS PRIMARY AS RESPECTS ANY INSURANCE MAINTAINED BY THE

ADDITIONAL INSURED AND THAT SUCH INSURANCE MAINTAINED BY THE ADDITIONAL INSURED IS

EXCESS AND NON- CONTRIBUTORY WITH THIS POLICY AS RESPECTS TO WORK PERFORMED BY THE NAMED INSURED.
j.,".'\
Au ized Representadve or
ntersignature pn states where
uired)
180
PolicyNumber AS7- 651- 288173- 033
Issued By: Liberty Insurance Corp.

SCHEDULE OF ADDITIONAL INSURED - LESSOR( S)
Thelessorisanadditional insuredaccordingtotheendorsementwhichappliesinthestateofleasedvehiclesgaraging.

Additional Insured- Lessor( s)
Any lessor who has a written contract or agreement requiring you to provide primary coverage for the vehicle (s) specified in the lease.

ACS 0011 11 11 A Page 1 of 1
181
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY ENDORSEMENT# 115
This endorsement, effective: 12: 01 A. M. 07/ 01/ 2023
Forms a part of Policy No.: RMGGL 159- 54- 49
fssued to: D. R. Horton, Inc.

By: AIG Specialty Insurance Company

WAIVER OF SUBROGATION

BLANKET)
It is agreed that we, in the event of a payment under this policy, waive our right of subrogation against any person or organization where the insured has waived liabil ty of such person or organization as part of a written contractual agreement between the nsured and such person or organization entered nto prior to the" occurrence" or offense.

All other terms, conditions, and exclusions shall remain the same. 182
POLICY NUMBER: AS7- 651- 288173- 033 COMMERCIAL AUTO
CA04441013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US ( WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

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

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

Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring.

Premium: $ INCL
Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person( s) or organization( s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the " accidenY' or the " loss" under a contract with that person or organization.

CA 04 44 10 13 O Insurance Services Office, Inc., 2011 Page 1 of 1 183

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Not applicable in New Jersey
Schedule
Wh± re requirec! k y canir ei ar written agre mer E pri r t4 I ss and ailowed by law.
in the tates c f AlaGama, Arizona, Cof rado, rgra. ldaho. Ill noi.

Mississippi, Nevada, New Mexico. klahoma, South Cara ina, West Virgir ia, th pr r iurn tharge i 09 5 f the tatai manval premium, su}+ ct to a minirnurn premi m vf$ D p r p Ijcy.
ln the states oi Flor da, lawa. H waii, M ryland, oregon. xhe pr maum charge is ° k nf the total m nual premturn Subje t ta a rtinimum pterniurn M 5 0 per poticy.

In th stat oiMassach rsetts, the pnerniurn charge is 1" afth t ta1 tn nua! prem um.

Ire the state of touisiaraa. th pre niu r charge is 2° 6 ofthe total standard prett°iium, stabjett! t m nimum premium of 250 p r poficy. in th state of J w 1' ortc, th Rremiurn charge is 2' 0 af the t i f rnanu, l pre nium, subje t tn a rr inimum rperriium af 4250 p r polity_ sn tfaE state of North Car+oliraa, th pr miurri ch rg is Z af the total maroual prernium, subj t t a minirnvm premium af 10fl per pokicy. rn the state ot V rg n a, th pr rnium charge Is 5} 0 oi the tocal manual premoum, 5uk jeci ta a minimum premium ' F 250 pet poEicy.

Issued by: Liberty Insurance Corporation
For attachment to Policy No WA7- 65D- 288173- 013 Effective Date: 07/ 01/ 2023 Premium$ Issued to: D. R. Horton, Inc.

WC 00 03 13 O 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/ 1/ 1984
184
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—

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

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

Schedule
Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of$ 250
Person or Orqanization Job Description
Where required by contract or written
agreement prior to loss and allowed
by law.

Issued by Co 7- Liberty Insurance Corporation
For attachment to Policy No. WA7- 65D- 288173- 013 Premium$ Effective Date 07/ 01/ 2023 Issued to D. R. Horton, Inc.

WC 04 03 06 Page 1 of 1
Ed. 04/ 1984
185
POLICY NUMBER: AS7- 651- 288173- 033 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

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

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

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

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

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

Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

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

CA 20 48 10 13 O Insurance Services Office, Inc., 2011 Page 1 of 1 186

EXHIBIT C

TOTAL IMPROVEMENT ESTIMATE
187
KIER+ V(/ RIGHT
Date: Au ust 02, 2023 Pre ared B : William Diaz
Pro' ect No.: A21702
I Surface! m rovement; I U N"1'1' 1' Y. UNi' UNIT C481' ' 1fl".' 1 3" AC Paving 83, 040 SF 2 166, 080
2 11" Class II A. B. 83, 040 SF 6 498, 240
3 Curb and Gutter 5, 447 LF 11 59, 917
4 ADA Curb Ramp 6 EA 2, 500 15, 000
5 PCC Sidewalk 23, 542 SF 12 282, 504
6 PCC Drivewa 9, 025 SF 14 126, 350
7 Landscape Provided b KLA) 31, 158 SF 6. 60 205, 643
8 Landscape Cobble( Provided b KLA 5, 037 SF 3 15, 111
9 Irri ation POC( Provided b KLA 0. 3 EA 27, 000 8, 100 10 Si ning & Stripin 1 LS 7, 500 7, 500
Subtotal Surface Improvements 1, 384, 445
Il U#il lm rovemen# s Ct" lTY UNITS ' UN( T G4 T '? T,:' d'" 1 8" Sanita Sewer( PVC C900 2736 LF 28 76, 608
2 6" Storm Drain ( PVC C900) 9 LF 25 225
3 12" Storm Drain( PVC C900 705 LF 32 22, 560
4 18" Storm Drain ( PVC POLYPROPYLENE 2486 LF 44 109, 384 5 24" Storm Drain ( PVC POLYPROPYLENE) 977 LF 52 50, 804 6 Hooded Inlet 20 EA 3, 500 70, 000
7 Field Drain Inlet 5 EA 4, 000 20, 000
8 Area Drain 8 EA 290 2, 320
9 Storm Drain Manhole 5 EA 6, 000 30, 000
10 Storm Drain Cleanout 18 EA 315 5, 670
11 Sanita Sewer Manhole 11 EA 6, 000 66, 000
12 Public Fire H drant 9 EA 6, 000 54, 000
13 3" PVC Irri ation Service 850 LF 60 51, 000
14 3" Irri ation BFP 1 EA 5, 000 5, 000
15 2" Meter- Irrigation 1 EA 5, 000 5, 000
16 8" Domestic Water Main ( PVC C900) 2875 LF 90 258, 750 17 Water meter- Domestic 95 EA 2, 000 190,000
18 Gate Valve 20 EA 1, 500 30, 000
19 Sanita Sewer Clean Outs 95 EA 315 29, 925
20 Bioretention Field Inlet 1 EA 4, 000 4, 000
21 4" Perf Pipe 353 LF 25 8, 825
22 8" SDFM ( PVC C900 890 LF 28 24, 920
23 12" SDFM PVC C900 1, 419 LF 50 70, 950
24 Pump Station ( East) 1 LS 170, 000 170, 000
25 Pump Station ( West) 1 LS 80, 000 80, 000
26 Sanita Sewer Lateral 95 EA 2, 000 190, 000
27 Water Service 95 EA 1, 000 95, 000
Subtotal Utili Improvements 1, 720, 941
Z:\ 2021 W21702\ DOCS\ CIVIL\ CALCS\ COST ESTIMATE[ 2022- 11- 10- Kier Wright Cos Estimale_ PNB. xIsz PROJECT NAME 188
J
KIER+ WRIGHT
u st et n au, unrtr ' + irr c s ` ra r. cQST
1 Electroliers 19 EA 3, 200 60, 800
Subtotal Street Li htin 60, 800
IV Misc QU 4M'' Y t i17S UN1T GC$?: ' T 7';. C05T
1 Bioretention Basin 7, 296 SF 35. 00 255, 360
Subtotal Misc 255, 360
V Site Demolitian ancl crp h Gratlin i A1' T1TY UNITS : U I1T C+f a7 TA1. C3S7 '' 1 Remove Utili lateral 15" SD 30 LF 100 3, 000
2 Clearing & Grubbin Assumed 12" Depth 23, 500 CY 0. 5 11, 750 3 Demolish Ex. Structure 1 LS 10, 000 10, 000
4 Construction Fencin w/ Fabric 2, 500 LF 30 75, 000
5 Stabilized Construction Entrance 2 EA 1, 000 2, 000
6 Erosion Control 1 LS 20, 000 20, 000
7 Rou h Gradin On- Site 20, 500 CY 5 102, 500
Subtotal Site Demolition and Pre aration 224, 250
Grand Total( Rounded to the Nearest$ 100): 3, 645, 800
Notes

1. The above estimate is based on improvement plans dated 06/ 16/ 2023.

2. The estimate covers only the civil portion of work and does not cover the associated costs for: architecture, landscaping, mechanical, traffic engineering, environmental, geotechnical or joint trench unless listed in the estimate unless otherwise noted.

3. The estimate is for bonding purposes only and the unit costs may vary from contractor to contractor, depending on their means and methods.

4. This estimate does not include park landscaping and park amenities.

Z92021W21702\ DOCS\ CNII\ CALCS\ COST ESTIMATE[ 2022- 11- 10- Kier Wnght Cost Estimate_ PNB. xIszJPROJECT NAME 189

EXHIBIT D

ENGINEER' S OPINION OF PROBABLE CONSTRUCTION

COSTS FOR GOLDEN VALLEY PARKWAY
190
i+ vcr i
fit
r a .
t X.,.

Date: 07/ 24/ 2023 Pre ared B : William Diaz
Pro' ect No.: A21702
f„
d,-
y .';' z 3
1 PCC Sidewalk 11, 400 SF 12. 00 $ 136, 800
2 Curb& Gutter 1, 500 LF 45. 00 67, 500
3 3. 5" Asphalt Pavement 20, 000 SF 3. 00 60, 000
4 13" Class II AB 20, 000 SF 4. 00 80, 000
5 18" Storm Drain RCP 1, 500 LF 250. 00 $ 375, 000
6 Hooded Inlet 5 EA 3, 500. 00 17, 500
7 Strorm Drain Manhole 1 EA 6, 000. 00 6, 000
8 Electrolier( 200' O. C.) 8 EA 5, 000. 00 40, 000
Subtotal Civil a782, 800
r o..,
9 Demolition of Existing Storm Drain AC Pavement and AC Berms 1 LS 2, 000 2, 000 10 Clearing& Grubbing Landscape 83, 000 SF 0. 50 41, 500 Subtotal Demolition E43, 500
11 Signing 8 Striping 1 LS 10, 000 10, 000
12 Dry Utility Routing 1, 500 LF 250 375, 000
13 Traffic Signal Improvements 1 LS 250, 000 250, 000
SUBTOTAL BY OTHERS 635, 000
Grand Tofa/ Construction: a, as, soo
Rounded to the nearest$ 100)
1 The above estimate is based on Golden Valley Parkway Schematic Plans dated 11/ 23/ 22. 2 The estimate covers only the civil portion of work and does not cover the associated costs for: Traffic engineering, enviromental, geotechinical or joint trench, unless listed in the estimate.
3 The estimate is for bonding purposes and the unit costs may vary from contractor to contractor, depeneding on their means and methods.

Z: 2021 W21702\ DOCS\ CIVIL\ CALCS\ COST ESTIMATE\ 2022- 11- 10- Kier Wright Cost Estimate_ PNB. xlsx]PROJECT NAME 191

ATTACHMENT

JOINT ESCROW INSTRUCTIONS E

RECORDATION OF FINAL MAP
FINAL MAP 4151)
August 14, 2023
Via Email
Jules Fulop
First American Title Company
4750 Willow Rd., Suite 275
Pleasanton, CA 94588
Email: [email protected]
Re: Recordation of Final Map 4151; Escrow# 4151MAP
Dear Jules:

This letter constitutes the joint escrow instructions (" Escrow Instructions") of D.R. Horton BAY, Inc., a Delaware corporation (" DRH") and the City of Lathrop (" City") in connection with the above- referenced escrow (" Escrow"). The Escrow was opened in connection with recordation of the above-referenced final map (" Final Map"). Recordation of the Final Map is subject to the conditions set forth below. The transactions described in these Escrow Instructions are referred to as the" Transaction." First American Title Company is referred to as" you" or" FATCO." A. Date for Closing
The Final Map will be recorded at the time designated by DRH as set forth below. The Final Map can only be recorded after the City has approved the map in writing. The closing date for the Transaction is intended to occur by December 31, 2023, at the time designated in writing by DRH, subject to satisfaction of the conditions set forth below (" Closing"). If the Final Map has not been recorded by December 31, 2023, FATCO will return the Final Map to the City.

B. Documents to be Delivered and Recordation Documents
In connection with the Transaction, you have in your possession or will receive the following documents from City and DRH for recordation in the Official Records of San Joaquin County, California(" Official Records").

B. 1. One original Final Map for Tract 4151, executed and acknowledged by the City and DRH ( provided to FATCO by City).

B. 2. One copy of executed sewer allocation sheet.

B. 3. One copy of executed water allocation sheet.

The documents listed in Item B. l above are referred to as the" Recordation Documents." The date on which the Recordation Documents are recorded in the Official Records is the Recordation Date.

C. Funds and Settlement Statement
You also have received, or will receive from DRH, priar to the recordation of the Recordation Documents, in immediately available funds, the following amounts, in accordance with the 1 192

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 4151)
settlement statement prepared by you and approved in writing by both DRH and City(" Settlement Statement"): recordation costs, escrow fees and other amounts as set forth in the Settlement Statement. Such costs, fees and other amounts are the sole responsibility of DRH.

Funds to be wire transferred directly to the City, immediately upon recordation ofthe Final Map, in accordance with the wire transfer instructions for each entity are as follows:

1. The amount of$59, 866. 72, payable to the City pursuant to that certain Agreement to Settle Litigation Regarding DRH at Lathrop ( as amended " Sierra Club Agreement"), constituting the amount of$3, 352. 00 multiplied by 17. 86 acres ( or portion thereo included in the Final Map, is to be transferred to the City upon recordation of the Final Map.

2. The amount of$ 346, 037. 50, payable to the City for the purchase of surface water capacity, constituting the amount of$ 15. 50 multiplied by 22, 325 gallons per day included in the Final Map, is to be transferred to the City upon recordation of the Final Map.

3. The amount of $512,658, payable to the City pursuant to that certain Transfer Agreement Regarding Wastewater Capacity ( referred to as " Wastewater Treatment Capacity Transfer Agreement"), constituting the amount of $29. 98 multiplied by 17, 100 gallons per day included in the Final Map, is to be transferred to the City upon recordation ofthe Final Map.

4. The amount of$1, 461, 300, payable to the City pursuant to that certain Subdivision Improvement Agreement ( referred to as " SIA"), is to be transferred to the City upon recordation ofthe Final Map.

The City' s wire instructions are set forth below. The amounts set forth in Section C are referred to as the" Closing Funds."
D. Closing Requirements
When the following has occurred, you are authorized to close the Escrow at the time and in accordance with the process set forth below:

D. 1. You have delivered copies of your Settlement Statement by email transmission to: ( a) Michael Mandell ( [email protected]); ( b) Brad Taylor btaylar@cilathrop. ca.us); ( c) Salvador Navarrete ( snavarrete@ci. lathrop. ca.us; ( d) Sandra Lewis slewis@ci. lathrop. ca.us); and ( e) Bellal Nabizadah ( bnabizadah@ci. lathrop. ca.us), and have confirmation ( by telephone or email) from Michael Mandell and Brad Taylor that the Settlement Statement is accurate and acceptable;
D. 2. You have not received any instructions contrary to these Escrow Instructions;
D. 3. The Recardation Documents have been received by you and have been fully executed and, where applicable, acknowledged, and you have attached all legal descriptions or have confirmed that all exhibits and legal descriptions are attached; 2 193

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 4151)
D. 3. The Recordation Documents have been received by you and have been fully executed and, where applicable, acknowledged, and you have attached all legal descriptions or have confirmed that all exhibits and legal descriptions are attached; D.4 You are prepared to record the Recordation Documents, as designated, release funds in accordance with the Settlement Statement and complete the Transaction in compliance with these Escrow Instructions;
D. S. You have delivered a copy ofthese instructions, executed by an authorized signatory of FATCO with authority to bind FATCO, by email transmission to Michael Mandell and Brad Taylar at the email addresses set forth above; and D. 6. You have received confirmation( by email or other writing) from Michael Mandell and Brad Taylor to record the Recordation Documents and complete the Transaction.

E. Closing Process and Priorities
When you have fully satisfied all of the closing requirements set forth in Section D, then you are authorized and instructed to do the following in the chronological order given:

E. 1. Date the Recordation Documents to be recorded;
E. 2. Record the Recordation Documents in the Official Records; E. 3. Pay the costs associated with the Transaction;
E. 4. Refund any funds delivered to you by DRH that are not disbursed at the time ofthe final Closing pursuant to these Escrow Instructions to the following entity and address:

D. R Horton BAY, Inc.
3000 Executive Parkway, Suite 100
San Ramon, CA 94588
Attn: Michael Mandell
E. S. Notify( a) Michael Mandell( [email protected]); (b) Brad Taylor btaylor@cilathrop. ca.us); ( c) Salvador Navarrete( snavarrete@ci. lathrop. ca.us; ( d) Sandra Lewis slewis@ci. lathrop.ca.us); and ( e) Bellal Nabizadah ( bnabizadah@ci. lathrop. ca. us) of the completion of the Transaction;
E. 6. Within five( 5) business days after the Recordation Date, deliver to: ( 1) Michael Mandell, D. R. Horton BAY, Inc., 3000 Executive Parkway, Suite 100, San Ramon, CA 94588; and( 2) Brad Taylor, City Engineer, City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 95330:

A) a certified copy ofthe Recordation Documents, showing all recording information of the Recordation Documents; and
3 194

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 4151)
B) a certified copy ofthe final Settlement Statement.

F. AdditionalInstructions
When assembling the final documents, signature pages from all parties shall be inserted into each respective final document in creating fully executed counterparts.

Please acknowledge receipt of these instructions and your agreement to act as Escrow agent in connection with this Transaction in accordance with these Escrow Instructions, by executing and dating a copy of these Escrow Instructions below and returning it to both ofthe undersigned.

The Escrow Instructions may be modified only in a writing signed by both ofthe undersigned.

Very truly yours,
Stephen J. Salvatore Date Michael Mandell Date
City Manager Vice President
City of Lathrop D. R. Horton BAY, Inc.
4 195

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 4151)
ESCROW 1NSTRUCTIONS
ACKNOWLEDGEMENT AND AGREEMENT:

Receipt ofthe foregoing Escrow Instructions from DRH and the City is hereby acknowledged. The undersigned agrees, for itself, and on behalf of FATCO, to proceed in strict accordance with these Escrow Instructions. The undersigned represents and warrants to DRH and the City that the undersigned is authorized to execute this Acknowledgement and Agreement, for itself, and on behalf of FATCO.

First American Title Company
By:

Its:

Date:
5 196
ITEM 4. 12

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 1 WITH LDA
PARTNERS, INC. FOR THE LATHROP POLICE

DEPARTMENT PROPERTY AND EVIDENCE
BUILDING, CIP GG 21- 13 CORP YARD

IMPROVEMENTS
RECOMMENDATION: Adopt Resolution Approving Amendment No. 1 with LDA Partners, Inc., for the Lathrop Police
Department Property and Evidence Building,
CIP GG 21- 13 Corp Yard Improvements
SUMMARY:

On December 12, 2022, City Council approved a Professional Services Agreement PSA) with LDA Partners, Inc. ( LDA), for the design of the Lathrop Police Department LPD) Property and Evidence Building ( Building), associated with Capital Improvement Project ( CIP) GG 21- 13 Corporation Yard Improvements.

Due to LDA' s familiarity with the overall goals of CIP GG 21- 13 and involvement for the past several months in the site' s layout and other components of this project, staff solicited and received a proposal from LDA, to prepare additional design and construction documents, as well as construction administration services.

Staff request Council approve Amendment No. 1 with LDA for $ 178, 625 to prepare additional design and construction documents, including construction administration.

Sufficient funds have been allocated in FY 23/ 24 approved budget.

BACKGROUND:

The Municipal Corporation Yard ( Corp Yard) is the City facility that supports the operation and maintenance of the City' s infrastructure and includes the Water Treatment Facility. The Corp Yard will also provide the site for the proposed Building.

On April 12, 2021, City Council approved the creation of CIP GG 21- 13. On December 12, 2022, the City and LDA entered into a PSA to perform design engineering services for the LPD Building, associated with CIP GG 21- 13 Corp Yard Improvements.

The proposed Amendment No. 1 project scope, includes the following but not limited to;
Site and building placement revisions
Monument Signage
Additional Electrical modifications
197
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 WITH LDA PARTNERS, INC. FOR THE LATHROP

POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING, ASSOCIATED WITH CIP GG 21- 13 CORP YARD IMPROVEMENTS
Ballistics Room
Updated HVAC systems
Building revisions
Staff requests Council approve Amendment No. 1 with LDA for $ 178, 625 to prepare additional design and construction documents, including construction administration.

REASON FOR RECOMMENDATION:

Approval of Amendment No. 1 with LDA will allow staff to move forward with the design phase and construction of the Building.

FISCAL IMPACT:

The cost of the Amendment No. 1 with LDA is $ 178, 625. Sufficient funds have been allocated in FY 23/ 24 approved budget.

ATTACH M ENTS:

A. Resolution Approving Amendment No. 1 with LDA Partners, Inc., for the Lathrop Police Department Property and Evidence Building, associated with CIP GG 21- 13 Corporation Yard Improvements
B. Amendment No. 1 with LDA Partners, Inc., for the Lathrop Police Department Property and Evidence Building, associated with CIP GG 21- 13 Corporation Yard Improvements
198
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 WITH LDA PARTNERS, INC. FOR THE LATHROP

POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING, ASSOCIATED WITH CIP GG 21- 13 CORP YARD IMPROVEMENTS
APPROVALS:
e Ul—
Ken Reed Date
Senior Construction Manager
SS/ 3/ 2023
Brad aylor Date
City Engineer
z
Cari Ja Date
Directo f Finance
r/- 7• 27• Zo23
Michael King Date
Assistant City Manager
z''- 3
Salvador Navarrete Date
City Attorney
r-cr 8- 7- zo z,3
Stephen J. Salvatore Date
City Manager
199
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 1 WITH LDA PARTNERS, INC., FOR THE

LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING, ASSOCIATED WITH CIP GG 21- 13 CORP YARD IMPROVEMENTS
WHEREAS, the City' s Municipal Corporation Yard ( Corp Yard) is the City facility that supports the operation and maintenance of the City' s infrastructure and includes the City' s Water Treatment Facility; and
WHEREAS, the Corp Yard will also provide the site for the proposed Lathrop Police Department' s ( LPD) Property and Evidence Building ( Building); and WHEREAS, on December 12, 2022, the City and LDA Partners, Inc. ( LDA), entered into a Professional Services Agreement ( PSA) to perform design engineering services for the Lathrop Police Department and Evidence Building, associated with CIP GG 21- 13 Corporation Yard Improvements; and
WHEREAS, approval of Amendment No. 1 with LDA in the amount of$ 178, 625 is requested for LDA to provide additional services for preparing the design and construction documents and to provide construction administration services; and WHEREAS, sufficient funds have been allocated in the approved FY 23/ 24 budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Amendment No. 1 with LDA Partners, Inc., in the amount of $ 178, 625 to provide additional services for the design and construction documents and to provide construction administration services for the Lathrop Police Department and Evidence Building, associated with CIP GG 21- 13 Corporation Yard Improvements.
200
The foregoing resolution was passed and adopted this 14t" day of August 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED S TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 201

ATTACHMENT
w
w+.

AMENDMENT NO. 1

TO THE AGREEMENT BETWEEN THE CITY OF LATHROP AND
LDA PARTNERS, INC. DATED DECEMBER 12, 2022

TO PERFORM ADDITIONAL DESIGN ENGINEERING SERVICES FOR THE

LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13
THIS AMENDMENT ( hereinafter " AMENDMENT NO. 1") to the agreement between the City of Lathrop and LDA Partners, Inc. dated December 12, 2022 ( hereinafter " AGREEMENT"), dated for convenience this 14t'' day of August 2023, is by and between the City of Lathrop, a California municipal corporation (" CITY"), and LDA Partners, Inc. (" CONSULTANT"); RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to provide Design Engineering Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on December 12, 2022, CONSULTANT and CITY entered into an AGREEMENT to provide Design Engineering Services for the Police Department Property and Evidence Building, CIP GG 21- 13, in the amount not to exceed $ 220, 000; and WHEREAS, CONSULTANT has provided CITY with a scope of work attached hereto as Exhibit " A" for Amendment No. 1 for additional Design Engineering Services for the Police Department Property and Evidence Building, CIP GG 21- 13; and WHEREAS, CONSULTANT is willing to render such Design Engineering Services, as hereinafter defined, on the following terms and conditions.

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

AMENDMENT NO. 1 TO AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT is hereby amended to add the following:

CONSULTANT agrees to perForm Design Engineering Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit A" in addition to the scope of work in the original AGREEMENT dated December 12, 2022. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction.

Page 1 of 3 ends

Lathrop City CouncilAugust 14, 2023

Lathrop City Council
August 14, 2023