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Appendix D- General Terms 8 Conditions, State Certifications Both domestic and foreign corporations ( those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
22. Davis- Bacon Act, as amended ( 40 USC 3142
When required by federal program legislation, all construction contracts awarded by the recipients and sub recipients of more than $ 2, 000 shall include a provision for compliance with the Davis-Bacon Act (40 USC 3142) and as supplemented by Department of Labor regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the federal awarding agency.
23. Disadvantaged Business Enterprise/ Small Business Affirmative Steps Subrecipients and contractors will take all necessary affirmative steps to assure that disadvantaged business enterprises ( DBE), as defined in 49 CFR Section 26. 5, and labor surplus area firms are used when possible. Affirmative steps shall include:
a. Placing qualified DBEs and small businesses on solicitation lists. b. Assuring that DBEs and small businesses are solicited whenever they are potential sources.
c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and DBEs. d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and DBEs.
e. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.
f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above. ( Reference: 2 CFR 200.321)
24. Disclosure Requirements
a. Any document or written report prepared for or under the direction of a state or local agency, which is prepared in whole or in part by nonPage 68 Revised: 10/ 2021 139
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Appendix D- General Terms 8 Conditions, State Certifications employees of such agency, shall contain the contract numbers and the dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report when the total cost for such work performed by non- employees of the agency exceeds five thousand dollars ($ 5, 000). The contract and subcontract numbers and dollar amounts shall be set forth in a separate section of each such document or written report.
b. When multiple documents or written reports are the subject or product of the contract, the total contract amount is deemed to represent the compensation for those multiple documents or written reports.
Reference: GC § 7550)
25. Disputes.
Contractor shall continue with the responsibilities under this grant agreement during any dispute. ( Reference: DGS Standard Agreements " General Terms and Conditions,")
26. Document Retention and Access
The subrecipient certifies that it will comply with the retention and access requirements for records established by 2 CFR Subpart D - 200. 333- 200. 337.
The required records and documentation relating to the grant and/ or subcontract shall be retained for a minimum of three years after the starting date of the retention period as defined in Section 200.333. The OTS or their authorized representative shall have the right of access to any books, documents, papers, or other records of subrecipients or contractors which are pertinent to the grant and/ or contract, in order to make audits, examinations, excerpts, and transcripts. The right of access is not limited by the required retention period and shall last as long as the records are retained.
27. Domestic Partners
For agreements over$ 100, 000 executed or amended after January 1, 2007, the subrecipient certifies that it is in compliance with Public Contract Code section 10295. 3
28. Druq- Free Workplace Requirements:
Contractor will comply with the requirements of the Drug- Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
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Appendix D- General Terms & Conditions, State Certifications b. Establish a Drug- Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person' s or organization' s policy of maintaining a drug- free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company' s drug- free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. ( Gov. Code § 8350 et seq.)
29. Energv Efficiencv
It is understood the grant applicant will purchase only energy efficient equipment, whenever possible and appropriate.
30. Equal EmploYment Opportunity
All grant agreements shall contain a provision requiring compliance with E. O. 1 1246, and E. O. 11375" Equal Employment Opport nity," as amended by E. O. 1 1478, " Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR Part 60, " Office of Federal Contract Compliance Programs, Equal Employment Opportunity, and Department of Labor."
31. Equipment
Equipment acquired under this grant agreement for use in highway safety program areas shall be used and kept in operation for highway safety purposes by the state; or the state, by formal agreement with appropriate officials of a political subdivision or state agency, shall cause such equipment to be used and kept in operation for highway safety purposes. ( Reference 23 C F R 1200. 31)
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Appendix D- General Terms 8 Conditions, State Certifications
32. Expatriate Corporations
Subrecipient or contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286. 1 , and is eligible to contract with the State of California.
33. Financial ManaQement Svstem
The subrecipient or contractor, will comply with all applicable state, local, and federal procurement procedures and will maintain a financial management system that complies with the minimum requirements of 2 CFR Part 200 Subpart D - 200. 303.
34. Gender ldentitv:
For contracts of $ 100, 000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code Section 10295. 35.
35. Governinq Law
This contract is governed by and shall be interpreted in accordance with the laws of the State of California. ( Reference: DGS Standard Agreement General Terms and Conditions,")
36. Indemnification
Subrecipient agrees to indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by contractor in the performance of this agreement. ( Reference: DGS Standard Agreement General Terms and Conditions,"). Institutes of Hiaher Education, # 2.
37. Intangible Propertv
a. The subrecipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under award.
The California Office of Traffic Safety and the National Highway Traffic Safety Administration reserve a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so.
b. Subrecipients are subject to applicable regulations governing patents and inventions, including government-wide regulations issued by the Department of Commerce at 37 CFR Part 401, " Rights to Inventions Made
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Appendix D - General Terms & Conditions, State Certifications by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements."
c. The federal government has the right to:
1) obtain, reproduce, publish or otherwise use the data first produced under an award; and
2) authorize others to receive, reproduce, publish, or otherwise use such data for federal purposes.
d. Freedom of Information Act
1) In addition, in response to a Freedom of Information Act ( FOIA) request for research data relating to published research findings produced under an award that were used by the federal
government in developing an agency action that has the force and effect of law, the federal awarding agency shall request, and the subrecipient shall provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. If the federal awarding agency obtains the research data solely in response to a FOIA request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data.
This fee should reflect costs incurred by the agency, the recipient, and applicable sub recipients. This fee is in addition to any fees the agency may assess under the FOIA ( 5 USC 552(A)( 4)( a)). 2) The following definitions apply for purposes of paragraph ( d) of this section:
i) Research data is defined as the recorded factual material commonly accepted in the scientific community as necessary to validate research findings, but not any of the following:
preliminary analyses, drafts of scientific papers, plans for future research, peer reviews, or communications with colleagues. This recorded" material excludes physical objects ( e. g., laboratory samples). Research data also do not include:
A) Trade secrets, commercial information, materials necessary to be held confidential by a researcher until they are
published, or similar information which is protected under law; and
B) Personnel and medical information and similar information the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, such as
information that could be used to identify a particular person in a research study.
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Appendix D- General Terms & Conditions, State Certifications ii) Published is defined as either when:
A) Research findings are published in a peer-reviewed scientific of technical journal; or
B) A federal agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law.
iii) Used by the federal government in developing an agency action that has the force and effect of law is defined as when an agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law.
e. Title to intangible property and debt instruments acquired under a grant or contract vests upon acquisition in the recipient. The recipient shall use that property for the originally- authorized purpose, and the recipient shall not encumber the property without approval of the federal awarding agency. When no longer needed for the originally authorized purpose, disposition of the intangible property shall occur in accordance with the provisions of 2 CFR Subpart D - 200. 315.
38. Labor Code/ Workers' Compensation
Subrecipient or contractor needs to be aware of the provisions which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions, and subrecipient or contractor affirms to comply with such provisions before commencing the performance of the work of this agreement. ( Labor Code Section 3700)
39. Limited Enqlish Proficiencv
The grant applicant will take reasonable steps to ensure meaningful access by persons with limited English proficiency to the information and services provided through federal financial assistance.
40. Loqos
The OTS logo will appear on all promotional materials where appropriate and practical. Contact the appropriate OTS Coordinator for copies.
41. Loss Leader
If this subrecipient agreement involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a " loss leader" as defined in Section 17030 of the Business and Professions Code ( BPC 17130).
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Appendix D - General Terms & Conditions, State Certifications
42. Proqress Schedule
Subrecipients entering into a contractual agreement for consultant services totaling five thousand dollars ($ 5, 000) or more shall include detailed criteria and a mandatory progress schedule. ( Reference: PCC § 10371)
43. Proaress Pavments
Subrecipients may provide for progress payments to consultants/ contractors for work performed or costs incurred in the performance of the contract. Not less than ten percent of the contract amount shall be withheld pending final completion of the contract and an evaluation of the contractor' s performance. If the contract consists of the performance of separate and distinct tasks, then any funds so withheld with regard to a particular task may be paid upon completion of that task and an evaluation of the contractor' s performance. ( Reference: PCC § 10346)
44. National Labor Relations Board Certification
Subrecipient or contractor certifies that no more than one ( 1) final unappealable finding of contempt of court by a federal court has been issued agcainst subrecipient or contractor within the immediately preceding two-year period because of subrecipient or contractor' s failure to comply with an order of a federal court which orders subrecipient or contractor to comply with an order of the National Labor Relations Board. ( PCC 10296) Not applicable to public entities.)
45. Non- Discrimination Clause:
During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract' s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act ( Government Code Section 12990 ( a- f) et seq.), the regulations promulgated thereunder ( Cal. Code Regs., Title. 2, § 1 1000 et seq.), the provisions of Article 9. 5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code ( Gov. Code §§ 1 1 1 35- 1 1 1 39. 5), and the regulations or standards adopted by the awarding state agency to implement such article.
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Appendix D - General Terms & Conditions, State Certifications Contractor shali permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. ( Cal. Code Reas., Title 2, § 11105)
46. Non- Duplication of Grant Fundinq
The grant applicant has no ongoing or completed grants under agreement with other federal funding sources which duplicate or overlap any work contemplated or described in this traffic safety grant. It is further agreed that any pending or proposed request for other federal grant funds which would duplicate or overlap work under this traffic safety grant will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of federal fund expenditures subsequently determined by audit will be subject to recovery by the Office of Traffic Safety.
47. Non- Enforcement Supplanting Avoidance
Non- enforcement salaried and hourly personnel assigned to this grant are conducting a new traffic safety program not previously funded with city, county or State funding or were previously in a grant- funded position.
48. Prioritv Hirinq Considerations
For agreements in excess of $200, 000, the subrecipient, in accordance with the California Public Contracting Code § 10353, shall consider filling vacancies in positions funded by the agreement to qualified recipients of aid under WIC Chapter2 ( commencing with Section 1 1200) of Part 3 of Division 9 of the Welfare and Institutions Code, in accordance with Article 3. 9 commencing with Section 1 1349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code.
This section and Article 3. 9 ( commencing with Section 1 1349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be applicable to any contracts for a grant as defined in Section 10105. ( Section 10105 defines a grant as ". . . the erection, construction, alteration, repair or improvement of any state structure, building, road, or other state improvement of any kind which will exceed a total cost calculated pursuant to subdivision ( b)."
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Appendix D- Generai Terms & Conditions, State Certifications This section and Article 3.9 ( commencing with Section 1 1349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be construed so as to do any of the following:
a. Interfere with or create a violation of the terms of valid collective bargaining agreements.
b. Require the subrecipient to hire an unqualified recipient of aid. c. Interfere with, or create a violation of, any federal affirmative action obligation of a contractor for hiring disabled veterans or veterans of the Vietnam era.
d. Interfere with, or create a violation of, the requirements of Section 12990 of the Government Code. ( Reference: PCC § 10353)
49. Recvclina Certification
The subrecipient shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post- consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156( e), the certification required by this subdivision shall specify that the cartridges so comply ( Pub. Contract Code § 12205).
50. Resolution
Upon request, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the grant agreement.
51. Riqhts to Inventions Made Under a Contract or Agreement Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the federal government and the recipient in any resulting invention in accordance with 37 CFR Part 401, " Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
52. Sinqle Audit Act Certificafion
The OTS is the agency responsible for administering California' s' federal highway safety funds on behalf of the Governor. Federal funds are provided for this grant by the United States Department of Transportation. The records and supportive documentation for all completed grants are subject to an on- site audit and OTS reserves the right to inspect and review during normal
147
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Appendix D - General Terms 8 Conditions, State Certifications working hours the work product of any independent auditor in support of their audit.
The subrecipient certifies that it will comply with the Single Audit Act of 1984 31 U. S. C. Chapter 75 - 7501- 7506 et seq.), as amended, which requires the following:
a. State or local governments that receive $ 750,000 or more a year in federal financial assistance shall have an audit made in accordance with the Office of Management and Budget ( 2 CFR Subpart F - 200. 501).
b. State or local governments that receive less than $ 750, 000 a year shall be exempt from compliance with the Act and other federal audit requirements.
c. Nothing in this paragraph exempts State or local governments from maintaining records of federal financial assistance or from providing access to such records to Federal Agencies, as provided for in federal law or in Circular A- 133 " Audits of States, Local Governments and NonProfit Organizations". d. The State Controller' s Office notifies OTS of those cities, counties, and special districts that have not submitted an audit report or have not indicated to SCO that they are exempt each fiscal year. Subrecipient agencies that are not in compliance will be notified and required to provide verification of compliance or be subject to sanctions including, reimbursement withholding or grant cancellation.
53. Solicitation
No employee of the applicant agency, the contractor, or any agency acting on behalf of the agency, may solicit or accept gratuities, favors, or anything of monetary value from contractors or potential contractors.
54. Statement of Compliance
Subrecipient has, unless exempted, complied with the nondiscrimination program requirements ( GC 12990 ( a- f) and CCR, Title 2, Section 1 1 102 and 1 1 103). ( Not applicable to public entities.)
55. Subrecipient/ Contractor Name Chanc e
An amendment is required to change the subrecipient or contractor' s name as listed on this grant agreement. Upon receipt of legal documentation of the name change an amendment will be processed. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
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Appendix D - General Terms & Conditions, State Certifications
56. Sweat Free Code of Conduct
All subrecipients contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The subrecipient further declares under penalty of perjury that they adhere to the Sweat Free Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
The subrecipient agrees to cooperate fully in providing reasonable access to the subrecipient' s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor' s compliance with the requirements under paragraph ( a).
57. Termination for Cause
The State may terminate this grant agreement and be relieved of any payments should the subrecipient fail to perform the requirements of this grant agreement at the time and in the manner herein provided.
58. Termination without Cause
Either party may terminate without cause upon thirty days written notice to the other party. All work performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement ( Reference: State Contracting Manual, Chapter 9. 12).
59. Timeliness
Time is of the essence in this subrecipient agreement ( Reference: DGS Standard Agreement " General Terms and Conditions,").
60. Unenforceoble Provision
In the event that any provision of this subrecipients agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this agreement have force and effect and shall not be effected thereby. ( Reference: DGS Standard Agreement " General Terms and Conditions")
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Appendix D - General Terms 8 Conditions, State Certifications Instifutions of Higher Education
The Department of General Services requirements for universities contained within the document, UTC- 220 University Terms and Conditions (Effective 4/ 19), are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
1. Subcontracts. Subrecipient may enter into contract(s) to perform applicable provisions of this grant agreement. The subrecipient is responsible for ensuring that all activities delegated to contractors are in support of this grant agreement.
Consultants and/ or contractors shall be selected in accordance with the subrecipient agency procurement policies and procedures in order to comply with the terms of this grant agreement and in accordance with the OTS GPM.
The subrecipient, consultant or contractor are subject to all applicable terms and conditions and are bound the applicable certifications of the grant agreement and 2 CFR Subpart F Aqqendix II and 2 CFR Subpart E 200.451 whichever is applicable.
OTS is not obligated to make any payment under any grant agreement prior to final execution or outside the terms of the contract period. Contractor expenditures incurred prior to final contract execution are taken at the risk of that contractor agency and will be considered unallowable if that agreement/ contract is not executed.
2. Indemnification. The University shall defend, indemnify and hold harmless the State, its officers, employees and agents from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising out of the performance of this grant agreement but only the proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the University, its respective officers, agents or employees.
In accordance with Government Code Section 895. 4, the State shall defend, indemnify and hold harmless the University, its officers, employees and agents from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the State, its respective officers, agents or employees.
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Appendix E - Document Examples
APPENDIX E- DOCUMENT EXAMPLES
Personnel Activity Report (PAR)
Sa e otCalitenla• Omee ot7n c S kq
PERSO\'' EL AC7I"[ T1' REPORi( PAR)
OTS?6( Nea 975)
1Qencc: Gnnt\ amher. Grant Period:
Emplocee\ ame: Posi6m Tide O7S Time• 4 i F{ ovrs:
touth l'ear.
CfDAIt Fl7ND 1 2 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Talal Onmt
Emploqee Si uatarNDate Supenisor Si nature Date
lonth. h'ear:
C DAk FtfDiD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 t7 Id 19 20 21 22 23 24 75 26 27 28 29 30 31 Tmal Oit x
Employee Si; aatore Date Sapenisor Sienature%Dah
touf6' Year:
CFDA# FUPID ! 2 3 4 5 b 7 8 9 10 II 12 13 14 IS 16 17 IS 19 20 21 72 23 2 TS 26 27 2E 29 30 31 Taal Ottgx
Emplo} ee SiQuatore?Date Supenisor SiqnaturoiDate
1 of?
151
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Appendix E- Document Exampies
Snh af Catltornia• OAee of inffic Sa4q
PER50:' EL ACTI\' I7Y REPOR7( PAR)
OIS26a( New 9t13)
A PAR is an employee maintained log wltich accotmts for! 00 perceut of the employee' s time. The fonn is used to identify effort spent ou mnlriple pro¢ rams,' federal fiuids.
PAR' s mnst meet tl e follo cing standards:
Reflect the euiployee' s after- ffie- fact distributiou of tuue Uy proga am;'federa! fiwd.
Account for the totai acti• ity by pro ram/ federa fiuid for• luch each employee is compeusated( w•hether grant related or uot). r4ust be prepared at least montlily azid coiucide e•ith one or uiore pay periods. aud Must be signed by the employee and his, 9ier sup n•isor montlily.
INSTRUCTIONS -
1. Eutzr tl e name of Agency. Cnant Nimiber. Cirant Period. Employee Name. Position TiUe. and OTS Tiuie 9•o' Hoius.
2. Enter the nauie of the Month Tear Reporting.
3. OI' S Ho us - eu[ er actual homs w•orked ou tlie OTS¢ rant by CFDA aud Fund umuber.
4. Ofl er— enter tl e acmal hours reflected on tuuesheet BUI NO'I WORICED on the O'IS Grant.
5. Employee and Supen isor are requu• ed to sicn vid date by month. Please eusure 8iat e• ery employez has PAR sicned for ecery mou8i u orked divin¢ the¢ rant yeu.
6. Retain all PARs in a¢ ency grant file. Submit to OTS upon request. 2 of 2
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Appendix E - Document Examples
Employee Time Certification
SF. 1I'& DF CALffQP. NL4 UFFBC OF TkAFEIC SAFEI' Y
Emplo ee Time Cei caHoa Foi n( Grantee. s.rSnbgrantecs) OT' 5-26( New i+i l)
Grautees aad sui gsantees recei ing 100 percent of fimding fram the Office of Traffic Safety( OTS) for persosmel seivices nn st co ie rertificatioms siatin that tl e emplayeels) worked sokly on that grogra fcx the geriod coveled by t1 e ce tificatian. The certificatic moust be paepa d at least semi- anuually and st be si ed by tl e emgloyee and supervisory official having fust- l d knowledge of the aork perfornme by the employce.
E IIPLOI E TIl1iE C.`ER'TIF'ICATTON
EhiPLOI' EE 1: 11 iE
i ctrsifr tLat I ha• e a orkcd 100 perceat of mr time on Aa Office of Traffic Safen•( OTS) Grant.
From: Octaber 1 I'o: 111arcL 31
EI1iPL04" EE SIG T iTL1iE
Date
SLTPER TSOR n 111E
SLTPER ZSOR SIGV TLiRE
Date
E1IIPLOI' EE TIl1IE C'ERTTFICATTON
I LOI' EE I: 1hIE
I ccrtif tLat I La- e nrorked 100 percent af m}• time on an Offire of TraH'ic 5afets•( 07S) Grant.
From: April 1 o: September 30
AiPLOI' EE 5IGY, TURE
Date
SLTP' ER TSOR;: 111iE
SITPER TSOR SIG'_T II'LiRE
Date
153
EXTERNAL"`] Welcome to GEMS
GEMS < otsgemsadmin@ots. ca. gov>
EXHIBIT C
Mon 11/ 21/ 2022 236 PM
To: Cristina Caguiat< cwguiat@ci. lathrop.ca. us>
Hi Cristina,
Welcome to GEMS! To get started, go to https:// ca- ots.force.com/ GEMS/ Ioqin7 c- qJ7XjrJasAksCbQQKLKL0A5DXwLhFQTZ3DwvqZGEp3s3TDc5q510RTAe2 LWquW TAG9Nt7H sqDTGa sC048DKnuRzRQBMuqOW21qxP2L9c8qT7xJ2N OMXRG8u59 ez 3NHrQi YJsmUCOP6h5EzzrSLGnqAXMVkfq4hw46quwpR. yHkaDMvSpQUXsacA04uDkPT Username:_ @ci. lathrop. ca. us
To login to the GEMS system in the future, go to this URL:
ca- ots.force. com/ G EM S
Thanks,
California Office of Traffic Safety
154
ITEM 4. 7
CITY MANAGER' S REPORT
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE 2023 FACILITY FEE WAIVER
REQUEST FOR MITRA USA
RECOMMENDATION: Adopt a Resolution Approving a Facility Fee Waiver request from Mitra USA for the use of
the Scott Brooks Gymnasium on October 13,
2023 from 4: 00 p. m. to 10: 00 p. m. to host a
Cultural Event
SUMMARY:
Review and consider adoption of a resolution approving a facility fee waiver request from Mitra USA for the use of Scott Brooks Gymnasium in accordance with the City of Lathrop Fee Waiver Policy. Mitra USA submitted a facility fee waiver request for the use of Scott Brooks Gymnasium for October 13, 2023 to host a Cultural Event from 4: 00 p. m. to 10: 00 p. m. with an estimated attendance of 150 participants.
The Parks and Recreation Commission typically reviews and makes recommendations on approving Fee Waiver requests, however, the submission came in after the August 3, 2023 meeting. In order to move forward with this Fee Waiver request, staff reviewed the request, and recommends Council approval, as it meets the requirements of the Fee Waiver Policy and are of public benefit, de minimis in nature and not subsidized from other facility fees. Staff requests that the Council review and approve the proposed resolution for the fee waiver requested by Mitra USA.
BACKGROUND:
Staff received a request for a fee waiver that meets the requirements of the Fee Waiver Policy, from a local organization for the use of a City facility to support their activities. Mitra USA is a local non- profit engaged in charitable, social, cultural, and community development activities. Mitra USA submitted a facility fee waiver for the use of Scott Brooks Gymnasium on October 13, 2023 to host a Cultural Event from 4: 00 p. m. to 10: 00 p. m. with an estimated attendance of 150 participants in the amount of $ 1, 050. 10 which includes both the cost of the facility and staffing.
RECOMMENDATION:
Staff recommends Council find the requested waiver provides a public benefit to the community and the amount of the request is de minimis in nature and not subsidized from other facility fees, and approve the Facility Fee Waiver requested by Mitra USA.
FISCAL IMPACT:
The fees associated with the facility fee waiver request total $ 1, 050. 10. 155
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
MITRA USA FEE WAIVER
ATTACH M ENTS:
A. Resolution approving a Facility Fee Waiver request from Mitra USA for the use of the Scott Brooks Gymnasium on October 13, 2023 from 4: 00 p. m. to 10: 00 p. m. to host a Cultural Event
B. Fee Waiver Calculations
156
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
MITRA USA FEE WAIVER
APPROVALS:
g 23'. 23
To d Sebastian Date
Director of Parks, Recreation and Maintenance Services
1 a3
Cari Jam s Date
Finance ' ector
z t-.o 3
Salvador Navarrete Date
City Attorney
q• l • 23
Ste en J. Salvatore Date
City Manager
157
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A FACI ITY FEE WAIVER REQUEST FROM MITRA USA FOR THE USE OF THE SCOTT BROOKS GYMNASIUM ON OCTOBER 13, 2023 FROM 4: 00 P. M. TO 10: 00 P. M. TO HOST A CULTURAL EVENT
WHEREAS, the City received a facility fee waiver request from Mitra USA in accordance with the City of Lathrop Fee Waiver Policy; and WHEREAS, Mitra USA submitted a facility fee waiver request for the use of Scott Brooks Gymnasium on October 13, 2023 to host a Cultural Event from 4: 00 p. m. to 10: 00 p. m. with an estimated attendance of 150 participants; and WHEREAS, The Parks and Recreation Commission typically reviews and makes recommendations on approving Fee Waiver requests, however, the submission came in after the August 3, 2023 meeting and in order to move forward with this Fee Waiver request, staff reviewed the request, and recommends Council approval, as it meets the requirements of the Fee Waiver Policy and are 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 Mitra USA for the use of Scott Brooks Gymnasium on October 13, 2023 to host a Cultural Event from 4: 00 p. m. to 10: 00 p. m. with an estimated attendance of 150 participants in the amount of $ 1, 050. 10.
158
The foregoing resolution was passed and adopted this 11th day of September 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 159
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ITEM 4.8
CITY MANAGER' S REPORT
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE 2023 FACILITY FEE WAIVER
REQUEST FOR LATHROP LITTLE LEAGUE
RECOMMENDATION: Adopt a Resolution Approving a Facility Fee Waiver request from Lathrop Little League for
the use of Mossdale Park Baseball Fields from
September 11, 2023 through November 4,
2023 for Fall Baseball Clinics
SUMMARY:
Review and consider adoption of a resolution approving a facility fee waiver request from Lathrop Little League for the use of Mossdale Park Baseball Fields in accordance with the City of Lathrop Fee Waiver Policy. Council approved a fee waiver request from the Lathrop Little League at the November 14, 2022 Regular Meeting. Lathrop Little League submitted a new facility fee waiver request for the use of Mossdale Park Baseball Fields on Mondays, Tuesdays, Thursdays, Fridays and Saturdays from September 11, 2023 through November 4, 2023 for the use of Fall Baseball Clinics with an anticipated attendance of 100 participants.
The Parks and Recreation Commission typically reviews and makes recommendations on approving fee waiver requests, however, the submission came in after the August 3, 2023 meeting. In order to move forward with this fee waiver request, staff reviewed the request, and recommends Council approval, as it meets the requirements of the Fee Waiver Policy and are of public benefit, de minimis in nature and not subsidized from other facility fees. Staff requests that the Council review and approve the proposed resolution for the fee waiver requested by Lathrop Little League.
BACKGROUND:
Staff received a request for a fee waiver that meets the requirements of the Fee Waiver Policy, from a local organization for the use of a City facility to support their activities. Lathrop Little League is a local non- profit providing enriching youth programming that promotes sportsmanship, teamwork, and leadership skills through the game of baseball. Lathrop Little League submitted a facility fee waiver for the use of Mossdale Park Baseball Fields ( 1) and ( 2) on Mondays, Tuesdays, Thursdays, Fridays and Saturdays from September 11, 2023 through November 4, 2023 for the use of Fall Baseball Clinics with an anticipated attendance of 100 participants in the amount of $ 6, 514. 22 which includes both the cost of the facility and staffing. 161
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
LATHROP LITTLE LEAGUE FEE WAIVER
RECOMMENDATION:
Staff recommends Council find the requested waiver provides a public benefit to the community and the amount of the request is de minimis in nature and not subsidized from other facility fees, and approve the Facility Fee Waiver requested by Lathrop Little League.
FISCAL IMPACT:
The fees associated with the facility fee waiver request total $ 6, 514. 22.
ATTACHMENTS:
A. Resolution approving a Facility Fee Waiver request from Lathrop Little League for the use of Mossdale Park Baseball Fields from September 11, 2023 through November 4, 2023 for Fall Baseball Clinics B. Fee Waiver Calculations
162
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
LATHROP LITTLE LEAGUE FEE WAIVER
APPROVALS:
8• 3. 2 3
To d Sebastian Date
Director of Parks, Recreation and Maintenance Services
I a3
Cari Jam Date
Finance Di ctor
3 Z
Salvador Navarrete Date
City Attorney
Z3
Stephen J. Salvatore Date
City Manager
163
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A FACILITY FEE WAIVER REQUEST FROM LATHROP LITTLE
LEAGUE FOR THE USE OF MOSSDALE PARK BASEBALL FIELDS FROM SEPTEMBER 11, 2023 THROUGH NOVEMBER 4, 2023 FOR FALL BASEBALL
CLINICS
WHEREAS, the City received a facility fee waiver request from Lathrop Little League in accordance with the City of Lathrop Fee Waiver Policy; and WHEREAS, Lathrop Little League submitted a facility fee waiver request for the use of use of Mossdale Park Baseball Fields on Mondays, Tuesdays, Thursdays, Fridays and Saturdays from September 11, 2023 through November 4, 2023 for the use of Fall Baseball Clinics with an anticipated attendance of 100 participants, and:
WHEREAS, The Parks and Recreation Commission typically reviews and makes recommendations on approving Fee Waiver requests, however, the submission came in after the August 3, 2023 meeting and in order to move forward with this Fee Waiver request, staff reviewed the request, and recommends Council approval, as it meets the requirements of the Fee Waiver Policy and are 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 Lathrop Little League for the use of use of Mossdale Park Baseball Fields on Mondays, Tuesdays, Thursdays, Fridays and Saturdays from September 11, 2023 through November 4, 2023 for the use of Fall Baseball Clinics with an anticipated attendance of 100 participants in the amount of $ 6, 514. 22.
164
The foregoing resolution was passed and adopted this 11th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
A7TEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 165
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ITEM 4. 9
CITY MANAGER' S REPORT
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE OUT OF STATE TRAVEL FOR THE 2023
NATIONAL LEAGUE OF CITIES CITY SUMMIT
RECOMMENDATION: Adopt Resolution Authorizing Out of State Travel for the 2023 National League of Cities City Summit Trip
to Atlanta, Georgia, from November 15- 18, 2023
BACKGROUND:
The National League of Cities ( NLC) is an organization comprised of city, town and village leaders focused on improving the quality of life for their current and future constituents. The NLC has nearly 100 years of experience in providing educational and resource programs dedicated to the development of local governments and their leaders. The NLC has members and supporters throughout more than 2, 700 cities across the nation. Their mission is to advocate for, and protect the interests of, cities, towns and villages by influencing federal policy, strengthening local leadership and driving innovative solutions. In order to expand educational training opportunities and take advantage of the legislative support services provided by the National League of Cities, the City of Lathrop became a member city in 2021.
The National League of Cities will be hosting their 2023 City Summit Conference, November 15t" through the 18t'', in Atlanta, Georgia. This would be the City' s first time participating in the National League of Cities City Summit conference. Since, City policy requires Council approval for all out of state travel, staff requests approval of the attached resolution authorizing travel for four ( 4) Council Members to attend the National League of Cities 2023 City Summit Conference. The City Council training and travel budget for Fiscal Year ( FY) 23- 24 has sufficient funds to cover the cost of the proposed travel.
REASON FOR RECOMMENDATION:
Councilmember participation allows the opportunity to learn about protecting the interests of our municipality, the federal policy and lawmaking process, strengthening local leadership and driving innovative solutions.
FISCAL IMPACT:
Staff requests out of state travel approval for four ( 4) Council Members to attend the National League of Cities 2023 City Summit Conference. The City Council training and travel budget, for FY 23- 24, has sufficient funds available to cover the cost of the proposed travel. The total fiscal impact for the 2023 City Summit Conference is approximately $ 8, 000, which includes registration, hotel, airfare, transportation and meals ( not provided by the conference).
167
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER li, 2023 CITY COUNCIL REGULAR MEETING
NATIONAL LEAGUE OF CITIES 2023 CITY SUMMIT CONFERENCE
ATTACHMENTS:
A. Resolution Authorizing Out of State Travel to the 2023 National League of Cities City Summit Trip to Atlanta, Georgia, from November 15- 18, 2023
B. National League of Cities 2023 City Summit Conference Information APPROVALS:
T resa Vargas Date
overnment Services Director &
City Clerk
oQ 1 l ° 23
Cari James Date
Finance Director
o 02
Salvador Navarrete Date
City Attorney
s•ti3
Ste en J. Salvatore Date
City Manager
168
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AUTHORIZING OUT OF STATE TRAVEL FOR THE NATIONAL LEAGUE OF CITIES CITY SUMMIT TRIP TO ATLANTA, GEORGIA, FROM NOVEMBER 15- 18, 2023
WHEREAS, the National League of Cities ( NLC) is an organization comprised of city, town and village leaders focused on improving the quality of life for their current and future constituents; and
WHEREAS, the NLC' s mission is to advocate for, and protect the interests of, cities, towns and villages by influencing federal policy, strengthening local leadership and driving innovative solutions; and
WHEREAS, in order to expand educational training opportunities and take advantage of the legislative support services provided by the National League of Cities, the City of Lathrop became a member city in 2021; and WHEREAS, the NLC will be hosting their 2023 City Summit Conference, November 15th through the 18th, in Atlanta, Georgia, and this would be the City' s first time participating in the National League of Cities City Summit conference; and WHEREAS, since City policy requires Council approval for all out of state travel, staff requests approval of this resolution authorizing travel for four ( 4) council members to attend the National League of Cities 2023 City Summit Conference; and WHEREAS, the City Council training and travel budget for Fiscal Year ( FY) 23- 24 has sufficient funds to cover the cost of the proposed travel; and WHEREAS, the total fiscal impact for the 2023 City Summit Conference is approximately $ 8, 000, which includes registration, hotel, airfare, transportation and meals ( not provided by the conference).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approve out of state travel for four ( 4) council members to attend the National League of Cities 2023 City Summit Conference, in Atlanta, Georgia.
Resolution No. 23-
169
The foregoing resolution was passed and adopted this 11 day of September 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 Resolution No. 23-
170
ATTACHMEN f ._._
NOYEI BER
i
2023
NATIONAILEAGUEOFCITIES PRECONFERENCEACTIVITIESANDEXECUTIVEEDUCATIONSESSIONS NOVEMBER15. 2013 Explore our list of workshops (tentativeJ being plannedfor City Summit. Please note that all workshops are subject to change.
HOUSING & HOMELESSNESS
Local Actions to Accelerate Housing Supply
Local leaders are keenly aware that housing supply needs to increase to meet growing demand. In response, they are pursuing a wide range of promising and equitable practices to bolster housing supply.
This workshop will highlight some of the innovative actions that cities are taking to expand existing housing supply; opportunities to make effective use of construction and development, finance, land use, and zoning strategies; and the potential for public- private partnerships to increase and preserve housing supply. Panelists also will discuss approaches cities are adopting for authentic community.
Local Actions to Preserve Existing Housing Supply
Cities are pursuing a range of strategies to meet the demand for housing, including directing greater attention toward preserving the existing housing supply. This workshop will explore a toolbox of housing preservation policies and programs that cities can draw upon, including engagement with homeowners and landlords on preserving naturally occurring affordable housing and community-wide education.
Panelists also will show how housing preservation efforts can draw on equity, climate resilience and healthy housing frameworks to deliver multiple layers of benefits to communities.
Governance Strategies to Improve Local Homeless Response Systems Local governance is most effective in responding to challenges when processes are participatory, accountable, transparent, efficient, and inclusive. This workshop highlights the role of governance in developing approaches to improve local homeless response systems, particularly in terms of increased alignment across governance structures. Participants will discuss how to coordinate strategies across agencies and with other organizations; learn about successful partnership models; and explore ways to involve the lived experiences of residents, community organizations, and stakeholders in decisionmaking processes that drive meaningful change.
Learn more at citysummit. nlc. org
171
NOVEMBER
6 - 8
2023
NATIONAI LEAGUE OF CITIES PRECONFERENCE ACTIVI71E5 AND EXECUTIVE EDUCATION SESSIONS NOVEMBER 75, 2023 Human- centered Approaches to Address Homelessness
Homelessness is not a monolithic issue, and tackling it requires tailored solutions that consider the unique needs of different populations experiencing homelessness, including pregnant women, children, youth and young adults, families, veterans, justice-involved individuals or individuals with mental health challenges. This workshop delves into a coordinated systems approach that relies on using local data, both qualitative and quantitative, to inform decisions about how to allocate resources, services and programs to most effectively meet the needs of those experiencing homelessness in the community.
Housing Stability: New Ideas for a Persistent Challenge In an ever- changing housing landscape, how can cities ensure there is a stable housing supply for their residents? Housing stability has taken on even greater urgency as eviction protections put in place during the COVID- 19 pandemic have expired. In this session, participants will gain insight into the meaning of housing stability and learn how some communities are making progress toward the goal of housing stability. City leaders will highlight steps they are taking to prepare residents to maintain and upkeep their homes and endure disruptions and emergencies such as evictions, foreclosure or natural disasters. The discussion also will explore inclusive solutions to build housing stability among residents who are underserved due to race, ethnicity or geography.
INFRASTRUCTURE
Infrastructure Grant Winners: Learn How They Won and How You Can Too Small municipalities( under 50K population) have been successful in securing Bipartisan Infrastructure Law( BIL) grants. This workshop will highlight how some of these communities, with limited staff and resources, put together winning proposals and will generate ideas for how your municipality can take steps to make an application for BIL or other federal funding more competitive. Come hear about general trends in BIL funding, anecdotal reports on successful tactics, and more.
BUILT: Community Engagement for Placemaking and Infrastructure Design Come join this interactive session on creative community engagement for placemaking and infrastructure design and experiment with Sojourn Theatre' s gamified planning tool, BUILT. BUILT is a civic dialogue project that addresses the challenges of housing, infrastructure, neighborhood cohesion, and equity in American cities. This simulation will demonstrate the complexity of placemaking, the roles of local elected officials as they design a community, and how decisions impact the health and equity of Learn more at citysummit. nlc. org
172
NOVEMBER
8i
2023
NATIONAL LEAGUE OF CITIES PRECONFERENCE ACTIVITIES AND EXECUTIVE EDUCATION SESSIONS NOVEMBER 15. 2023 residents. Learn about creative approaches to equitable placemaking and engaging community voices, and explore the connections between social infrastructure and health, equity, well- being and the built environment.
INNOVATION + TECHNOLOGY
Using a Data- driven Approach to Build Innovative Policies From delivering services to solving problems, building data capacity can support the prioritization of funding for successful projects, improve response to community needs, and build resiliency for future crises. How can local communities build on innovative policies? What lessons can they take away from pilot projects? This workshop will help local leaders learn how to use data to better understand the impact of innovative policies and pilot projects and recognize the impact of policies on different neighborhoods and communities. Perfect for the newly elected official or a seasoned local leader, this session gives you the strategies to use data to spur and strengthen the adoption of innovative policies.
From Tech to Talk in the Era of Emerging Technologies
This workshop equips local leaders with strategies to effectively communicate about emerging technologies, improve service delivery, and connect with their constituents. Participants will learn to craft compelling narratives that highlight the impact and opportunities of these technologies while demystifying buzzwords and addressing resident concerns. Through persuasive communication techniques and data- informed storytelling, local leaders can build trust, foster understanding, and bridge the gap between advancements and community needs. Come engage in small group discussions with an array of experts and leaders and leave with the skills to drive inclusive and informed discussions that shape the future of your communities.
MENTAL HEALTH & WELLBEING
Addressing Root Causes of Mental Health and Substance Use Disorders About 46 million Americans suffer from addiction and mental health burden, and local governments increasingly recognize the need to adopt holistic strategies that go beyond treatment options. The growing availability of fentanyl and rising numbers of opioid overdose deaths, combined with increases in mental health challenges, trauma, and violence, only underscore the need for cities to examine root causes and set a course for long-term change. Learn how cities are analyzing data, implementing multidisciplinary and regional approaches and combining funding streams, including opioid settlement Learn more at citysummit. nlc. org
173
NOVEMBER
2023
NATIONAL LEAGUE OF CITIES PRECONFERENCE ACTIVITIES AND EXECU7IVE EDUCATION SESSIONS NOVEMBER 15. 2023 dollars, to go beyond treatment and lay the foundation for comprehensive strategies to address mental health and substance use disorders.
Taking a Data- Driven Approach to Community Well- Being City leaders are health leaders. They have the power to reshape policies and practices and to redefine their city' s view of" progress" from one that uses economic or growth measures alone to one that defines progress as" well- being for all people." Local governments can address multiple dimensions of health equity by ensuring city efforts are data driven and city specific and by working side by side with communities to codesign solutions to address complex health and social needs. Learn how cities are analyzing a range of indicators and implementing data- driven policies to comprehensively address community well-being.
The Urgency of Addressing Youth Mental Health in Cities Across the country, cities are seeing increases in depression, anxiety, and other mental health conditions among adolescents and young adults, as well as the impacts of isolation and stress on community life.
Many of these conditions have been exacerbated by the COVID- 19 pandemic and the influence of social media, among other drivers. This session will explore ways that cities can direct resources to meet the needs of their youth, parents and families. Panelists will open their toolboxes and discuss steps to raise awareness and reduce stigma, school- based interventions, trauma- informed approaches and integrating the arts into behavioral health practice. They also will focus on ways to make mental health services more accessible and affordable, especially for youth and historically marginalized groups. Join us for a candid and solutions- oriented discussion to promote healing in our cities.
PUBLIC SAFETY/ VIOLENCE iNTERVENTION
Youth& Young Adult Violence: Facts, Myths, Prevention & Intervention Many cities are becoming increasingly concerned about issues of youth and young adult violence in their communities, particularly as Black and Brown young people are disproportionately impacted. In response, cities are supporting innovative measures to engage young residents in violence prevention efforts in K- 12 classrooms, afterschool programs and community- based organizations. This session takes a closer look at some of the facts and myths surrounding youth and young adult violence and engages city leaders in dialogue about community- and school- based prevention and intervention strategies that respond to the needs, concerns and aspirations of youths and young adults.
Learn more at citysummit. nlc. org
174
NOVEMBER
16 - 8
2023
NATIONAL LEAGUE OF CITIES PRECONFERENCE ACTIVITIES AND EXECUTIVE EOUGATION SESSIONS NOVEMBER 15, 2023 Reimagining Community Safety: Taking a Collaborative Approach Elected officials, residents, civic leaders, educators, businesses and other stakeholders share the goal of community safety. What types of creative solutions can they collaboratively develop and implement to promote safety and well- being throughout their communities? This session will focus on innovative community violence interventions and the impacts they can deliver when properly supported. It will feature examples of collaborative approaches that engage city leaders, agency staff, residents, philanthropies and national partners.
New Visions for the City Safety Workforce
Cities across the country are taking a fresh look at public safety and reimagining the type of workforce needed to ensure a safe community. This approach entails reducing police response to nonviolent and non- criminal calls for help, expanding alternative response programs and recruiting crisis intervention and social service responders. Come learn about some of the innovative strategies cities are implementing and how they are redefining the roles of public safety professionals and gain new insights into building and sustaining a public safety ecosystem in your community.
Community Resilience 101: Best Practices to Advance Climate Goals The impacts of changing climate conditions affect virtually every facet of governance, infrastructure operations and community well- being. This session will deliver valuable information for all city leaders, from those just starting their climate resilience journey to those leading in the field. Learn about best practices to advance resilient infrastructure, how cities are leveraging federal funding and other financing mechanisms to advance climate projects, and the critical role of partnerships in creating communities that thrive. These success stories can inspire your community to meet this moment and take advantage of the billions of federal dollars available for critical projects to maintain and strengthen built and social infrastructure. This session is an excellent opportunity to connect with other leaders and collaborate on solutions to create healthier, more resilient communities.
Learn more at citysummit. nlc. org
175
NOVEMBER
g
2023
NATIONAL LEAGUE OF CITIES PRECONFERENCE ACTIVITIES AND EXECUTIVE EDUCATION SESSIONS NOVEMBER 75. 2023 Climate- Friendly Buildings for a Healthy, Just& Sustainable Future Buildings account for over 30 percent of greenhouse gas emissions in the United States— which means that meeting climate goals will require American communities to rethink how they construct and power buildings. Upgrading and investing in the built environment also have positive spillover benefits to other policy areas such as green workforce development, public health improvements and energy independence and resilience. With Americans spending over 90 percent of their time indoors, making buildings as healthy as possible can substantially improve their quality of life. Learn about the benefits and challenges of municipal, residential and commercial building decarbonization, and hear local leaders describe their experiences with building code and zoning ordinance changes, energy efficiency upgrades and distributed renewable energy systems.
Achieving Environmental lustice through Policy, Practice& Funding Communities that bear the brunt of climate change often are on the frontlines of other injustices as well. Historic levels of federal funding create a once- in- a- generation opportunity to invest in climate resilience measures that not only address sustainability needs but also improve health and equity. At this interactive session, city leaders, federal agency representatives and environmental justice advocates will showcase the tools they use to set environmental justice priorities and highlight the funding opportunities available to address them. Come learn about best practices for health and environmental remediation, including lead removal and increasing access to nature and open spaces; using data tools to identify environmental justice areas of focus; making use of federal funding, municipal bonds and capital planning; and designing workforce training for a just transition.
TRANSPORTATION
Delivery Drones, Robots and Sensors: The Municipal Role and the Environmental Opportunity The rapid rise of delivery technologies, such as unmanned aerial vehicles ( UAVs), ground- based delivery drones and e- cargo bikes, offers new opportunities for more efficient and innovative delivery in cities, towns and villages. However, integrating these technologies requires careful planning, coordination and effective curb management. This session will provide participants with insights into these growing delivery modes and practical strategies for managing them while" owning" the public rights of way. City leaders will showcase examples of successfully implementing these technologies while balancing the needs of different stakeholders, including pedestrians, cyclists and traditional delivery vehicles.
Learn more at citysummit. nlc. org
176
NOVEMBER
16 - 8
2023
NATIONAL EAGUE OF CITIES PRECONFERENCE ACTIVITIES AND EXECU7IVE EDUCATION SESSIONS NOVEMBER 15, 2023 Making Connections: Exploring Rural and Suburban Mobility Options How can rural and suburban communities fill mobility gaps, ease traffic congestion and reduce stress on parking demands while driving economic development? A surge of federal funding to cities, towns and villages gives local leaders new opportunities to increase resident well- being, boost economic prosperity and lower barriers for those with limited mobility options. In this session, municipal leaders will explore tradeoffs between flexible mobility and fixed- route mobility, best practices in establishing and funding pilots and programs, success stories and lessons learned, and some of the ways that rural and suburban communities are prioritizing accessible mobility. A panel Q& A will be followed by break- out sessions.
Road Safety Interventions That Work and Save Lives
With 2022 as the deadliest year on roads for pedestrians and drivers, local leaders are looking for ways to improve road and rail safety and save the lives of residents. This workshop will focus on best practices for rail and road safety, including the U. S. Department of Transportation' s Proven Safety Countermeasures, technological innovations in road safety, funding options and implementation strategies. Come hear from three municipalities that found ways to implement innovative measures and reduce the number of roadway deaths in their communities and learn how NLC can connect you with helpful resources.
WORKFORCE DEVELOPMENT
Economic Inclusion: Alleviating Burdens and Building Resilience Embedding economic inclusion strategies into a framework of well- being and resilience is essential in supporting and ensuring the success of families, businesses and communities. This workshop will highlight several NLC programs designed to help cities close wealth gaps driven by race and gender inequity and expand economic opportunities for businesses of color and multiple generations of residents. Hear from city officials as they outline measures implemented to foster interdepartmental cooperation and community engagement, fortifying economic resilience and mitigating racial wealth disparities.
Learn more at citysummit. nlc. org
177
NOVEMBER
2023
NATIONAL LEAGUE OF CITIES PRECONFERENCE ACTIVITIES AND EXECUTIVE EDUCATION SESSIONS NOVEMBER 15, 2023 Leveraging Municipal Bond Markets for Racial Equity
Municipal bonds are used to finance vital public infrastructure. They also can be used to emphasize equality, equity and other social outcomes in capital projects. Over the last year, NLC has collaborated with the Public Finance Initiative and other partners on the Racial Equity& Bond Markets project, which provides cities with opportunities to share their experiences and utilize tools to incorporate racial equity frameworks into their capital projects. This panel discussion will feature cities that have taken part in the Racial Equity& Bond Markets project and spotlight their experiences in leveraging finance as a catalyst to change inequitable conditions.
Building Pathways into the Municipal Workforce
Local governments are facing a labor and workforce skills shortage that has been exacerbated by the COVID- 19 pandemic, increased competition for labor, ineffective hiring practices, hiring restrictions, inadequate training programs and a lack of available labor data to inform workforce policies. This interactive workshop will highlight strategies local leaders are pursuing to reimagine their public sector hiring practices, benefits, training programs and workforce development strategies to attract and retain workers, build skills and pathways for advancement, support employees outside of work and generally develop a family-friendly city environment.
Good Jobs, Great Cities: The Next- Generation Infrastructure Workforce Building next- generation infrastructure requires a skilled and ready workforce— a challenge that calls upon city leaders to take an active role in aligning their regional workforce pipelines to meet burgeoning needs in infrastructure, advanced manufacturing, and clean energy. In this session, city leaders will spotlight useful frameworks for workforce development, funding strategies and lessons learned. They also will share how they have partnered with employers, colleges and universities, and workforce development agencies to create on- ramps to promising career pathways that can help close racial and economic equity gaps and expand economic opportunities for residents and businesses of color.
Revitalizing Main Street: Transforming Downtown Spaces
Join our workshop to explore the roles of vibrant downtowns and Main Streets as economic, cultural, and social centers that contribute significantly to local identity, economic vitality, and overall quality of life. Delve into the various challenges these downtown areas face, such as vacant properties, business closures, and escalating rent costs. Acquire valuable insights, strategies, and tools necessary for the revitalization of your city' s downtown core, alongside practical approaches, and successful case studies.
Learn more at citysummit. nlc.org
178
NOVEMBER
16 - 1
2023
NATIONAL LEAGUE OF CITIES PRECONFERENCE ACTIVITIES AND EXECU7IVE EDUCATION SESSIONS NOVEMBER 15. 2023 Engage with industry experts to expand your network and empower yourself with the means to cultivate a prosperous future for your community, fostering thriving businesses while nurturing a flourishing culture and sense of community.
SOLUTION SESSIONS
In addition to workshops, conference attendees can enjoy sessions led by industry experts. Explore our Solufion Sessions.
Leading Ahead of the Trends: Today' s Top Ten Community Needs Many facets of livability— such as infrastructure, public safety, and housing— work together to form a great community. This session puts the spotlight on ten priorities that matter most to U. S. residents today. Come hear public opinion experts and local government thought leaders discuss national trends that have the greatest impact on cities. Take a closer look at Polco' s nationwide community survey and government performance databases and gain new insights into residents' perspectives on community livability. You' ll also discover proven, practical strategies to harness community data for the most successful outcomes.
Becoming a City of Service
1ustServe appreciates the power of service and volunteering to build unity in the community, and its platform links opportunities to serve with community needs. This session will highlight ways to engage youth in identifying needs in your community, help them collaborate with organizations that meet those needs and then see their efforts make a difference in the community. It also will introduce the new program that JustServe is launching to recognize cities and youth for their efforts in bringing their communities together. Come and learn how your city can be recognized as a City of Service! Reimagining Recruitment and Retention
Given the structural changes in the nature of work and workforce competition over the last few years, it is time for local government managers to take a hard look at the recruitment process, experiment with new outreach and engagement methods, restructure interviews, and consider ways in which full- time vs. part- time may no longer be the only options. MissionSquare Research Institute will share data from Learn more at citysummit. nlc. org
179
NOVEMBER
2023
NATIONAL LEAGUE OF CITIES PRECONFERENCE ACTIVI71E5 AND EXECUTIVE EDUCATION SESSIONS NOVEMBER 15. 2023 public sector employees, HR managers, and job candidates for a discussion on how government can remain competitive in a difficult hiring market. Particular attention will be given to hard- to- recruit positions, the use of technology to reconfigure both recruitment and the workplace, and new findings among employees 35 and younger about what factors motivate them to seek or remain in public sector employment.
Inclusive Mental Health Policies for the City Workforce Rates of anxiety, depression, and other mental health conditions are on the rise, creating a dual challenge for local communities. Communities need to provide their government workforce with the mental health- related services and supports they need to perform theirjobs. They also need to ensure that there are enough well-trained mental health providers to meet the growing demand for services and treatment. This panel will explore some the innovative ways that local governments are addressing these challenges—from work-related mental health policies, plans and practices to efforts to bolster the behavioral health workforce.
This session will be facilitated by the State Exchange on Employment& Disability( SEED), a state- federal collaboration. The discussion will feature NLC members sharing their firsthand experiences and solutions for advancing inclusive mental health policies.
Redlining and Health: A Look at Impacts in Three Cities As part of the NLC Capstone Challenge, the City Health Dashboard is working with three cities that have dealt with historic redlining— Charlottesville, VA, Houston, TX and Rochester, NY— to understand how this practice continues to impact current health and economic disparities. The goal is to help cities integrate historic redlining maps into their equity planning processes and create action plans for impactful and lasting local change for displaced populations and disinvested neighborhoods. Learn about these unique collaborations to combine mapping and data expertise with city representatives' collective local knowledge. You' ll also hear directly from cities who are thinking critically about how the past can inform the present to create more widespread, equitable opportunity for all communities in the future.
Data, Insights and Innovations for Mental Health Solutions Join leaders of Care Solace and Be Well OC as they delve into the pressing issue of inental health among vulnerable populations. Drawing on data- driven insights from city partners, this session explores innovative strategies and solutions that can transform the mental health services and support systems available for individuals who are facing homelessness and other challenging circumstances. A combination of case studies, discussions among experts and collaborative problem- solving will give participants fresh ideas and new tools to respond to mental health issues that cities of all sizes are Learn more at citysummit. nlc.org
180
NOVEMBER
3 -
2023
NATIONAL LEAGUE OF CITIES PRECONFERENCE ACTIVITIES AND EXECUTIVE EDUCATION SESSIONS NOVEMBER 15, 2023 facing. This session will be valuable for both elected officials and municipal staff seeking to strengthen the mental well- being of their communities.
Reimagining Commercial Space as Housing
Communities across the country are struggling to provide high- quality affordable housing, and Freddie Mac estimates a current shortage of 3. 8 million units nationwide. At the same time, changes in the commercial real estate market— driven by more flexible wark patterns— have created an abundance of vacant office space and, perhaps, new opportunities to expand the housing supply and create 24/ 7 neighborhoods. The American Institute of Architects will present five key takeaways for city leaders wha are considering office- to- residential conversions as part of a comprehensive strategy to address housing shortages.
Good Neighbors: A Commitment to Protect Housing Affordability Airbnb has launched a set of new principles that guide how it partners with communities around the world to support policies that address housing affordability challenges. These principles are the first of their kind for the industry and represent Airbnb' s clear and comprehensive commitment to work together with policymakers, community groups, housing- policy experts and thought leaders to ensure Airbnb helps make communities stronger. During this discussion, Airbnb will outline its newly launched principles, highlight its existing efforts on housing and announce new initiatives and opportunities for partnership with local communities to advocate for sensible policies to help boost the affordable housing supply.
Creating Resilient and Healthy Communities
Resilient cities recognize the importance of equitable solutions that serve all members of the community, including our most vulnerable. That includes community members who are experiencing homelessness. Community leaders play a critical role in addressing the issues of housing and homelessness, and they understand that homelessness can arise from various circumstances, including mental health issues, the opioid/ fentanyl crisis, extreme weather events, natural disasters and economic problems. With this in mind, community and local leaders seek ways to offer immediate shelter and establish pathways toward more permanent housing solutions. This session will focus on ways to build a comprehensive approach that combines immediate relief with sustainable strategies to build resilient cities where everyone has access to safe and stable housing.
Learn more at citysummit. nlc. org
181
NOVEMBER
8 2023
NATIONAL LEAGUE OF CITIES PRECONFERENCE ACTIVITIES AND EXECU7IVE EDUCATION SESSIONS NOVEMBER 15, 2023 Socially Responsible Purchasing with Amazon Business
Supporting local, veteran- owned and minority- owned businesses and improving sustainability are important for city growth. Join this session as representatives from Amazon Business share innovative ways for city leaders to define, meet and proactively measure progress toward socially responsible purchasing goals. Learn how the buying process for city governments can be simplified and how the playing field can be leveled to create more opportunities for small businesses.
Drones as First Responders
Drone technology is increasingly becoming an integral part of a first responder' s toolbox. Drones allow for safer research and rescue, identifying safe pathways of entry and exit for first responders, opening two- way communication between an officer and a suspect in barricaded and unsafe situations and increasing situational awareness. They also can deliver payloads like medical kits and NARCAN. This session will feature some of the ways that state and local agencies and communities can benefit from using drone technology, aligned with correct policies, in responding to a range of emergency situations.
Integrated Public Safety: Developing a Holistic Response Public safety is no longer the sole domain of police, fire and offices of emergency management. The challenges cities face — from homelessness to violent crime — can only be tackled by strategizing and collaborating across municipal agencies and by bringing diverse skills, data and interventions together in meaningful ways. At this session, participants will learn about innovative ways cities are breaking down silos between city departments and addressing their most difficult challenges in building safer and healthier communities. Practical advice from police, housing and technolagy leaders will show what' s required to build and execute cross- departmental strategies, including how to engage stakeholders across your city and how data tools can drive collaboration.
Gaining Community Support for Crime- Solving Technology Cities across the country face a challenging equation: rising crime, particularly firearm violence, and increasingly understaffed police departments. Real- time crime centers and policing technologies like license plate readers and gunshot detection systems are proven to be effective force multipliers for both real- time emergency situations and investigations. But in order to see maximum benefits, the process of implementing these technologies must involve the community. In this session, law enforcement and city Learn more at citysummit. nlc. org
182
NOVEMBER
2023
NATIONAL LEAGUE OF CITIES PRECONFERENCE AC7IVITIES AND EXECUTIVE EDUCATION SESSIONS NOVEMBER 15, 2023 leaders who have successfully deployed crime- solving technology will walk through a framework emphasizing transparency, accountability and equity. Topics of discussion will include choosing technologies/ technology vendors that reflect the community; bringing together residents, community groups, elected officials, law enforcement and other stakeholders to be a part of the conversation; using a data- driven approach to technology deployment; and maintaining open lines of communication between police and community residents.
Nine Non- Techie Things to Help Keep Your Municipality Safe City leaders can' t afford to ignore cybersecurity risks. Even if your technology experience is limited, you need to be part of decision- making processes to protect municipal systems. This session will cover the three biggest leadership mistakes that can leave a city vulnerable to cybersecurity breaches, understanding big- picture implications and what successful leaders are doing to change their outcomes even when they don' t understand anything about IT. Join this session for a plain- language discussion and walk away with a nine- step practical checklist that you can start applying immediately.
Generative AI: What Mayors and Managers Must Know
Easy access to artificial intelligence and cloud technologies opens up new opportunities for city governance. This session will review the digital landscape and deliver clear, practical and responsible examples of how AI can be used to propel your daily operations and policies. Speakers will provide realworld examples and highlight how very simple tools can support your work. They also will share best practices that protect against unwelcome uses. Regardless of your familiarity with these technologies, you' ll leave with new insights and actionable strategies tailored to the needs of your office and community.
Helping Cities with Google' s Generative AI
In this age of artificial intelligence, companies are inspired to think big while balancing the need to act responsibly. For Google Cloud, that means delivering innovative products, developing transformational uses for your city and continuing to build an open ecosystem for AI innovation. Our work is driven by a commitment to apply AI safely and responsibly— in how we develop our models, how we partner with customers to evaluate risk and how we help ensure you maintain full control of your data. This session is an opportunity to gain knowledge and ideas to help you map out AI plans for your community.
Learn more at citysummit. nlc.org
183
NOVEMBER
2023
NATIONAL LEAGUE OF CITIES PRECONFERENCE ACTIVITIES AND EXECUTIVE EDUCATION SESSIONS NOVEMBER 15. 2023 The Role of Data and Analytics in Building Safer Communities Data- driven insights are critical for creating safer communities. This session will cover the latest technology to help cities solve safety challenges, including software solutions that can accelerate the pace of safety initiatives with predictive features. Participants also will learn how technology can be used to gauge progress on safety initiatives and provide required reporting for funding opportunities.
Helping the Advanced Air Mobility Industry Take Off
Advanced Air Mobility( AAM) has the potential to make current transit networks more efficient by reducing carbon emissions, lowering congestion and adding transportation solutions to traditionally underserved communities. Learn about the AAM- driven benefits and what factors local leaders should consider to implement AAM safely and equitably. Speakers will address policies and measures that cities can take to spur investment and workforce development in AAM.
Electric Vehicles, Energy Companies, and Equitable Solutions More than 26 million electric vehicles are expected to be on U. S. roads by 2030. To meet anticipated demand to power those vehicles, and to ensure electric vehicles and their benefits are accessible to all, it is imperative for charging infrastructure to be strategically deployed in cities and counties of all sizes.
This panel will discuss the partnerships necessary among energy companies, local governments and other key stakeholders to successfully align charging infrastructure build- out with equitable solutions.
Five Things Every City Leader Needs to Know About GIS
GIS is engrained in local government operations and it delivers significant benefits for community life.
Cities of all sizes use GIS to understand their challenges and improve the quality of life for residents. Like other technologies, GIS has undergone massive advancements, which cities can use to address equity, housing, transportation, public safety, economic development and more. This session will highlight five GIS application areas city leaders need to be aware of as they seek to execute more data- driven policy.
You will leave this session with new ideas on how GIS can help you solve the challenges your community faces as well as questions to take back to your GIS staff.
Learn more at citysummit. nlc. org
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NOVEMBER
16 - 18
2023
NATIONAL LEAGUE OF CITIES PRECONFERENCE AC7IVITIES AND EXECUTIVE EDUCATION SESSIONS NOVEMBERIS, 2023 Leveraging the Cloud to Elevate the Digital Resident Experience Digital government services are rapidly evolving, with cloud technology at the forefront. Cloud- based solutions not only provide seamless, integrated services but also significantly enhance the resident experience. How does the cloud facilitate this transformation, and what are its implications for your digital government services? Attend this session to better understand how your government can leverage cloud technology for staff and resident services.
Learn more at citysummit. nlc. org
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186
ITEM 4. 10
CITY MANAGER' S REPORT
SEPTEMBER il, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF AGREEMENT TO PROVIDE LAW
ENFORCEMENT SERVICES FOR THE ANNUAL
PUMPKIN MAZE EVENT AT DELL' 0550 FARMS
RECOMMENDATION: Adopt Resolution Approving Agreement to Provide Law Enforcement Services to Dell' Osso Farms, LLC.
for the Annual Pumpkin Maze Event on September
30, 2023 through October 31, 2023
SUMMARY:
Dell' Osso Farms ( Dell' Osso) holds an annual Pumpkin Maze event during the month of October and has requested law enforcement services for their event security.
Dell' Osso has requested a total of 308 sworn overtime hours for the duration of the event that will be held from September 30, 2023 through October 31, 2023.
Additionally, Community Service Officers are being requested for traffic mitigation for a total of ten ( 10) hours.
The Lathrop Police Department ( LPD) is able to provide staffing for the requested overtime hours for the annual Pumpkin Maze event. Dell' Osso has further agreed to pay the cost of additional law enforcement services should circumstances require additional hours or mutual aid from other agencies to restore or secure public safety during their events. The overtime cost for the Dell' Osso Pumpkin Maze event is 35, 165. 92.
Staff recommends City Council approve the agreement to authorize LPD to provide law enforcement services to Dell' Osso Farms for the annual Pumpkin Maze event for the period of September 30, 2023 through October 31, 2023.
BACKGROUND:
Dell' Osso Farms holds an annual Pumpkin Maze event during the month of October that brings thousands of attendees from the City of Lathrop and the surrounding areas. The Lathrop Police Department provided law enforcement services last year, and Dell' Osso has again requested for LPD to provide law enforcement services for their event this year.
The Pumpkin Maze event is scheduled from September 30, 2023 through October 31, 2023. Dell' Osso has requested a total of 308 sworn overtime hours for the duration of the event. Additionally, Community Service Officers are being requested for traffic mitigation for a total of ten ( 10) hours. Police Officers will work from a schedule with 23) eight- hour shifts and ( 11) six- hour shifts for a total of 250 hours, and Sergeant( s) will work from a schedule with ( 5) eight- hour shifts and ( 3) six- hour 187
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER il, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR
THE ANNUAL PUMPKIN MAZE EVENT AT DELL' OSSO FARMS
shifts for a total of 58 hours. Officers working the event will do so outside of their regularly assigned work schedule.
Dell' Osso further agrees to pay the cost of additional law enforcement services should circumstances require a mutual aid request from other City, County, or State agencies in order to restore or secure public safety at their event.
REASON FOR RECOMMENDATION:
Due to the size and scope of the events, law enforcement services are required for the safety and security of the visitors for the annual Pumpkin Maze Event. LPD is able to provide the law enforcement services requested, and Dell' Osso has agreed to pay the overtime rate to cover the costs of sworn and non- sworn personnel. Staff recommends Council approve the agreement to allow LPD to provide law enforcement services for the annual Pumpkin Maze event.
FISCAL IMPACT:
Overtime for the event is estimated at $ 35, 165. 92. At the conclusion of the event, the City will invoice Dell' Osso for the cost of providing law enforcement services.
Should circumstances arise requiring more hours than what was scheduled or mutual aid from other agencies was needed, Dell' Osso will be responsible for reimbursement of the actual hours worked and costs for mutual aid. There is no fiscal impact to the City for this agreement and the Revenue and Overtime Expense are included in the FY 23- 24 adopted budget.
ATTACHMENTS:
A. Resolution Approving Agreement to Provide Law Enforcement Services to Dell' Osso Farms, LLC. for the Annual Pumpkin Maze event on September 30, 2023 through October 31, 2023
B. Agreement with Dell' Osso Farms, LLC. to Provide Law Enforcement Services for the Pumpkin Maze event on September 30, 2023 through October 31, 2023 188
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF AGREEMENT TO PROVIDE I.AW ENFORCEMENT SERVICES FOR
THE ANNUAL PUMPKIN MAZE EVENT AT DELL' OSSO FARMS
AP OVALS:
Z( z
Raymond Bechler Date
Chief of Police
l 3
Cari James Date
Finance Di tor
g' zo z3
Salvador Navarrete Date
City Attorney
t- 23
Step Salvatore Date
City Manager
189
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES TO DELL' OS50 FARMS, LLC. FOR THE ANNUAL PUMPKIN MAZE EVENT ON SEPTEMBER 30, 2023 THROUGH OCTOBER 31, 2023
WHEREAS, Dell' Osso Farms, LLC. holds an annual Pumpkin Maze event during the month of October that attracts thousands of attendees from the City of Lathrop and the surrounding areas; and
WHEREAS, the Lathrop Police Department provided law enforcement services last year, and Dell' Osso has again requested for LPD to provide law enforcement services for their event this year; and
WHEREAS, the Pumpkin Maze event is scheduled from September 30, 2023 through October 31, 2023; and
WHEREAS, Dell' Osso has requested a total of 308 sworn overtime hours for the duration of the event. Additionally, Community Service Officers are being requested for traffic mitigation for a total of ten ( 10) hours; and WHEREAS, Police Officers will work from a schedule with ( 23) eight- hour shifts and ( 11) six- hour shifts for a total of 250 hours, and Sergeant( s) will work from a schedule with ( 5) eight- hour shifts and ( 3) six- hour shifts for a total of 58 hours.
Officers working the event will do so outside of their regularly assigned work schedule; and
WHEREAS, LPD is able to provide staffing for the requested overtime hours and Dell' Osso further agrees to pay the cost of additional law enforcement services should circumstances require a mutual aid request from other City, County, or State agencies in order to restore or secure public safety at their event; and WHEREAS, the overtime cost for the Dell' Osso Pumpkin Maze event is 35, 165. 92; and
WHEREAS, there is no fiscal impact to the City for this agreement and the Revenue and Overtime Expense are included in the FY 23- 24 adopted budget; and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Agreement to Provide Law Enforcement Services to Dell' Osso Farms, LLC. for the Annual Pumpkin Maze event on September 30, 2023 through October 31, 2023.
190
The foregoing resolution was passed and adopted this 11t" day of September 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 191
qttachment 6
CITY OF LATHROP
AGREEMENT TO PROVIDE DELL' OSSO FARMS, LLC. LAW ENFORCEMENT SERVICES FOR THE PUMPKIN MAZE EVENT ON SEPTEMBER 30, 2023 THROUGH OCTOBER 31, 2023
THIS AGREEMENT far law enforcement services to DELL' OSSO FARMS, LLC. for the PUMPKIN MAZE event( hereinafter" EVENT"), dated far convenience this day of September is by and between Dell' Osso Farms, LLC., a separate and distinct entity ( hereinafter" DELL' OSSO FARMS") and the City of Lathrop, a California municipal corporation ( hereinafter " CITY"). The CITY and DELL' OSSO FARMS may be referred to herein as" Party" or collectively as " Parties".
RECITALS:
WHEREAS, DELL' OSSO FARMS requests the CITY to provide law enforcement security services for its EVENT; and
WHEREAS, the CITI' desires to accommodate DELL' OSSO FARMS request and has no objections to providing law enfarcement security services for the EVENT as allowed by Government Code 53069.8 and reserves the right to terminate EVENT for the purposes of public safety; and WHEREAS, any costs associated with work hours pursuant to this AGREEMENT wherein Officers or Sergeants worked at the EVENT shall be paid for by DELL' OSSO FARMS at the rate indicated in the estimated cost schedule below.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions in this Agreement, DELL' OSSO FARMS and the CIT' Y agree as follows:
AGREEMENT
1) Scope of Service
CITY' s assigned police officers shall provide law enforcement security services to DELL' OSSO FARMS EVENT in accordance with the terms and conditions contained in this Agreement.
A. Each police officer shall be the CITY' s employee and shall be subject to the CITY' s administration, supervision, and control.
B. DELL' OSSO FARMS agrees to the estimated costs for law enforcement security provided by the Lathrop Police Department.
C. The estimated costs is based on the understanding that CITY shall assign Police Officers and Sergeants to cover the EVENT on each requested day on a rotational basis. Community Service Officers will work on a as needed basis for traffic control.
Police Officer( s) will work from a schedule with a total of 250 hours, Sergeant( s) will work from a schedule with a total of 58 hours, and Community Service Officer(s) will work as needed for an estimated total of 10 hours for traffic control.
Attached is Exhibit" A" ofthe shifts and hours requested by DELL' OSSO FARMS.
192
CITY OF LATHROP - AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES TO DELL' OSSO FARMS, LLC. FOR THE ANNUAL PUMPKIN MAZE EVENT ON SEPTEMBER 30, 2023 THROUGH OCTOBER 31, 2023.
D. The CITY shall be entitled to a reimbursement should circumstances arise requiring more hours/ and or personnel and the estimated cost would be adjusted accordingly.
E. DELL' OSSO FARMS shall be entitled to a reduction for less hours worked should circumstances( such as rain and wind) cause the EVENT to be closed or impacted.
Additionally, closing hours in Exhibit" A" are estimates. Ifthe EVENT closes early, officers may work less hours.
F. DELL' OSSO FARMS agrees to pay the CITY for all costs associated with providing law enforcement services for the EVENT. In addition, if further resources are needed to provide adequate security at the EVENT, including mutual aid from other agencies, those cost will be the responsibility of DELL' OSSO FARMS.
Hourly rates for the additional resources that are not included in the estimated cost schedule may vary.
2) Comnensation
DELL' OSSO FARMS hereby agrees to the estimated cost for law enforcement services below:
Overtime Rate Estimated Hours Estimated Cost
Police Officer 108. 56 250 27, 140. 00
Ser eant 127. 94 58 7,420. 52
Community 60. 54 10 605. 40
Service Officers
TOTALS 35 165.92
CITY will invoice DELL' OSSO FARMS for law enforcement services for actual hours of CITY personnel and any additional resource costs incurred for the EVENT. Hourly rates for additional resources that may be needed to provide adequate security at the EVENT that are not included in the estimated cost schedule above may vary.
3) Effective Date and Term
The effective date of this Agreement shall be from the date of its full execution through October 31, 2023, unless terminated earlier by either party providing thirty (30) days' written notice. 4) Emnlovment of Officer( s) and Assignments
CITY shall retain control over supervision, wages, and other terms and conditions of employment of the officers providing the services under this Agreement. The parties acknowledge that such officers are held to the requirements of the law and CITY policies and procedures. DELL' OSSO FARMS shall immediately notify the CITY of any concerns regarding the performance of the assigned officers, including, but not limited to, adherence to quality of services as detailed in this agreement.
CITY shall assign Police Officers and Sergeants to cover the EVENT on each requested day on a rotational basis. Police Officer( s) will work from a schedule with( 23) eight- hour shifts and( 11) sixhour shifts with a total of 250 hours, and Sergeant( s) will work from a schedule with( 5) eight- hour shifts and( 3) six- hour shifts with a total of 58 hours, unless otherwise adjusted due to circumstantial events as referenced in the Agreement.
193
CITY OF LATHROP — AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES TO DELL' OSSO FARMS, LLC. FOR THE ANNUAL PUMPKIN MAZE EVENT ON SEPTEMBER 30, 2023 THROUGH OCTOBER 31, 2023.
5) Billings
CITY shall submit one invoice at the conclusion of the EVENT for actual law enforcement services incurred and any additional resource costs incurred for the EVENT. DELL' OSSO FARMS shall remit payment to the CITY within thirty ( 30) days of receipt of invoice 6) Supulies & Epuipment
CITY shall provide each officer with the following equipment:
A. Police Vehicles: Cit, s
hall,
l. Provide a standard patrol vehicle for each officer.
2. Maintain the motor vehicles assigned to each officer.
3. Purchase gasoline, oil, replacement tires, and other expenses associated with the operation of each motor vehicle.
4. Maintain comprehensive general auto liability insurance on each motor vehicle in an amount as is cunently provided through the Central San Joaquin Valley Risk Management Autharity.
B. Weapons and Ammunition
1. CITY shall provide the standard issued weapons( handgun, shotgun, and rifle) and rounds of ammunition for each officer.
C. Office Supplies
1. CITY shall provide each officer with the usual and customary office supplies and forms required in the performance of their duties.
7) Comqliance With the Laws
The Parties shall keep themselves informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner performance of the Services or those engaged to perform Services under this Agreement. 8) Insurance
A. DELL' OSSO FARMS shall maintain commercial general liability insurance coverage at least as broad as Insurance Services Office( ISO) form CG 00 O1, in an amount not less than one million dollars ($ 1, 000, 000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. DELL' OSSO FARMS general liability policies shall be primary and shall not seek contribution from the CITY' s coverage, and be endorsed using ISO form CG 20 10( or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 3' 7 ( or equivalent) is also required.
B. Any failure to comply with reporting provisions of the policies by DELL' OSSO FARMS shall not affect coverage provided the CITI'.
194
CITY OF LATHROP - AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES TO DELL' OSSO FARMS, LLC. FOR THE ANNUAL PUMPKIN MAZE EVENT ON SEPTEMBER 30, 2023 THROUGH OCTOBER 31, 2023.
C. Coverage shall state that DELL' OSSO FARMS insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.
D. Coverage shall contain a waiver of subrogation in favor of the CITY. 9) Indemnification
A. DELL' OSSO FARMS shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers( hereafter collectively City Personnel) from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation( including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the any services provided by the City or any City Personnel or their performance of work or any failure to comply with any of the City' s duties contained in the Agreement, except such loss or damage which was caused by the gross or willful misconduct of City Personnel.
B. In the event of concurrent negligence on the part of DELL' OSSO FARMS or any of its officers, directors, trustees, employees, agents or volunteers, and CITY or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law equity for such losses, fines, penalties, forfeiture, costs and damages shall be apportioned under the State of California' s theory of comparative negligence as presently established or as may be modified hereafter.
C. If DELL' OSSO FARMS rejects a tender of defense by the City or City Personnel under this Agreement, and it is later determined that the City and City Personnel breached no duty of care and/ or were immune from liability, DELL' OSSO FARMS shall reimburse the City and/ or City Personnel for any and all litigation expenses including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the City and/ or City Personnel settles a liability claim, with or without participation by DELL' OSSO FARMS.
D. The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City or City Personnel that they would not owe in the absence of the Agreement. The Agreement does not create an affirmative duty of care( including, without limitation, a duty to protect, a duty to deter and/ or a duty to intervene) by the City or City Personnel and the absence of City Personnel is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the City nor City Personnel intend to waive any immunities to which they would be entitled in the absence of the Agreement. 10) Intesration of Prior Terms and Conditions
This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be Page4of8
195
CITY OF LATHROP — AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES TO DELL' OSSO FARMS, LLC. FOR THE ANNUAL PUMPKIN MAZE EVENT ON SEPTEMBER 30, 2023 THROUGH OCTOBER 31, 2023.
executed by an authorized agent of each Party. An authorized agent of the City shall be a person specifically authorized by the legislative body of the City to execute this Agreement, at the level of City Manager or City Attorney or equivalent. The indemnity sections shall survive termination or expiration of this agreement.
11) Termination
Either Party to this Agreement may far any reason terminate this Agreement at any time by giving thirty ( 30) days' written notice to the other party. Upon termination of this Agreement as herein provided, DELL' OSSO FARMS shall have no obligation to compensate ofpay the CITY except for services provided prior to termination.
12) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party( 1) personally served,( 2) sent by the United States mail, postage prepaid, by certified mail ( 3) sent by private express delivery service and addressed as follows:
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Lathrop Police Department
940 River Islands Parkway
Lathrop, CA 95330
To Dell' Osso Farms: DELL' OSSO FARMS, LLC.
Attn: Susan Dell' Osso
26 W. Stewart Rd.
Lathrop, CA 95330
13) Miscellaneous
A. Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
B. Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.
C. Non- Discrimination. No party shall employ any discriminatory practices in its performance hereunder, including its employment practices, on the basis of sex, race, color, religion, national origin, ancestry, age, sexual orientation, or physical and mental disability.
196
CITY OF LATHROP - AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES TO DELL' OSSO FARMS, LLC. FOR THE ANNUAL PUMPKIN MAZE EVENT ON SEPTEMBER 30, 2023 THROUGH OCTOBER 31, 2023.
D. Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
E. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
F. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
G. Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
H. Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
I. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
J. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
K. Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
L. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
M. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
N. Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party
197
CITY OF LATHROP — AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES TO DELL' OSSO FARMS, LLC. FOR THE ANNUAL PUMPKIN MAZE EVENT ON SEPTEMBER 30, 2023 THROUGH OCTOBER 31, 2023.
14) SiEnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of DELL' OSSO FARMS and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
198
CITY OF LATHROP — AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES TO DELL' OSSO FARMS, LLC. FOR THE ANNUAL PUMPKIN MAZE EVENT ON SEPTEMBER 30, 2023 THROUGH OCTOBER 31, 2023.
In Witness Whereof, each Party to this Agreement has signed this Agreement upon the date indicated, and agrees, for itself, its employees, officers, partners, and successors, to be fully bound by all terms and conditions of this Agreement.
City of Lathrop: Dell' Osso Farms, LLC:
Stephen J. Salvatore Date Susan Dell' Osso Date
Ciry Manager
Approved as to Form:
Zy Z 3
Salvador Navarrete Date
City Attorney
Attest:
Teresa Vargas Date
City Clerk
199
2023 CORN MAZE STAFFING SCHEDULE
Exhibit A
September 30, 2023 through October 31, 2023
DATE SHIFI' ASSIGNED STAF' F Dep Hrs Sgt. Hrs
Officer Sgt. NAME
30- Sep Saturday 2pm- lOpm 1
Officer 8
2pm- lOpm 1
Officer g
1- Oct Sunday 1pm- 9pm 1
Officer 8
1pm- 9pm 1
Officer
g
6- Oct Friday 4pm- lOpm 1
Officer 6
4pm- lOpm 1
fficer 6
7- Oct Saturday 2pm- lOpm 1
fficer
8 2pm- lOpm 1
fficer 8
8- Oct Sunday 1pm- 9pm i
fficer 8
1pm- 9pm 1
Officer
g
13- Oct Friday 4pm- lOpm 1
Officer 6
4pm- lOpm 1
Officer
6 4pm- lOpm 1 1
Sergeant& Officer
6 6
14- Oct Saturday 2pm- lOpm 1
fficer 8
2pm- lOpm i
Officer
8 2pm- lOpm 1 1 Sergeant& Officer g 8
15- Oct Sunday 1pm- 9pm 1 Officer g
1pm- 9pm 1
Officer
g
1pm- 9pm 1 1 Sergeant& Officer 8 8
20- Oct Friday 4pm- lOpm 1 Officer 6
4pm- lOpm 1
r
6 4pm- lOpm 1 1 Sergeant& Officer 6 6
21- Oct Saturday 2pm- lOpm 1
Officer 8
2pm- lOpm i
Officer
g
2pm- lOpm 1 1 Sergeant& Officer g 8
22- Oct Sunday 1pm- 9pm 1
Officer
8 IPm_9pm 1
ffiCer 8
1pm- 9pm 1
1 Sergeant& Officer gg
27- Oct Friday 4pm- lOpm 1 fficer 6
4pm- lOpm 1 Officer 6
4pm- lOpm 1 1 Sergeant& Officer 6 6
28- Oct Saturday 2pm- lOpm 1
Officer 8
2pm- lOpm 1
Officer
8 2pm- lOpm 1 1 Sergeant& Officer g 8
29- Oct Sunday None
Total Sworn Hou 250 58
Non- Swoxn Hours
Traffie nuol As needed 2 ornmuniiy Service Oft"rc. zs{ CSO 10 Total Non- Sworn Hour 10
200
ITEM 4. 11
CITY MANAGER' S REPORT
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF AGREEMENT TO PROVIDE LAW
ENFORCEMENT SERVICES FOR THE AMERICAN
HEART ASSOCIATION' S 209 HEART & STROKE WALK
EVENT
RECOMMENDATION: Adopt Resolution Approving Agreement to Provide Law Enforcement Services to The American Heart
Association for the 209 Heart & Stroke Walk Event
on October 7, 2023
SUMMARY:
The American Heart Association ( AHA) is hosting the 209 Heart & Stroke Walk event in the City of Lathrop on October 7, 2023. This is a regional event that will attract thousands of visitors into Lathrop. Due to the size and scope of the event, law enforcement services are being requested to ensure the safety and security of event participants. The 209 Heart & Stroke Walk is a one- day event from 8: OOAM to 11: OOAM. The total hours requested by the AHA is sixteen ( 16) hours.
The Lathrop Police Department ( LPD) is able to provide staffing for the requested overtime hours for the 209 Heart & Stroke Walk. The AHA has further agreed to pay the cost of additional law enforcement services should circumstances require additional hours or mutual aid from other agencies to restore or secure public safety during the event. The overtime cost for the AHA' s 209 Heart & Stroke Walk is estimated at $ 1, 736. 96.
Staff recommends City Council approve the agreement to authorize LPD to provide law enforcement services to the American Heart Association for the 209 Heart & Stroke Walk Event on October 7, 2023.
BACKGROUND:
The American Heart Association is the nation' s oldest and largest voluntary non- profit organization whose mission is to fight heart disease and stroke. The AHA is hosting their 209 Heart & Stroke Walk event on Saturday, October 7, 2023 at 1051 River Islands Parkway in Lathrop to raise awareness and funding for heart disease. In previous years, two ( 2) Heart & Stroke Walk events were hosted on different days in the Cities of Modesto and Stockton. This is the first year that the event will be combined and will take place in the City of Lathrop. This regional event will attract thousands of visitors to Lathrop. Event organizers estimates between 1, 500 - 2, 000 attendees for the October 7, 2023 event.
The 209 Heart & Stroke Walk event will begin at 8: OOAM and the vendor/ festival area will have a kids activity zone, face painters, sponsor booths, a DJ, and photo areas. 201
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE AMERICAN HEART ASSOCIATION' S 209 HEART & STROKE WALK EVENT Due to the size and scope of the 209 Heart & Stroke Walk event, law enforcement services are being requested to ensure the safety and security of event participants.
The 209 Heart & Stroke Walk event is from 8: OOAM to 11: OOAM, and a total of four 4) officers are being requested to be present for the event. The total hours requested by the American Heart Association is sixteen ( 16) hours.
The AHA further agrees to pay the cost of additional law enforcement services should circumstances require a mutual aid request from other City, County, or State agencies in order to restore or secure public safety at their event.
REASON FOR RECOMMENDATION:
Due to the size and scope of the events, law enforcement services are required for the safety and security of the visitors and participants for the 209 Heart & Stroke Walk event. LPD is able to provide the law enforcement services requested, and the AHA has agreed to pay the overtime rate to cover the costs of sworn and non- sworn personnel. Staff recommends Council approve the agreement to allow LPD to provide law enforcement services for the 209 Heart & Stroke Walk event.
FISCAL IMPACT:
Overtime cost for the AHA' s 209 Heart & Stroke Walk is estimated at $ 1, 736. 96. At the conclusion of the events, the City will invoice the AHA for the cost of providing law enforcement services. Should circumstances arise requiring more hours than what was scheduled or mutual aid from other agencies was needed, the AHA will be responsible for reimbursement of the actual hours worked and costs for mutual aid.
There is no fiscal impact to the City for this agreement and the Revenue and Overtime Expense are included in the FY 23- 24 adopted budget.
ATTACHMENTS:
A. Resolution Approving Agreement to Provide Law Enforcement Services to the American Heart Association for the 209 Heart & Stroke Walk event on October 7, 2023
B. Agreement with the American Heart Association to Provide Law Enforcement Services for the 209 Heart & Stroke Walk event on October 7, 2023 202
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER li, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE AMERICAN HEART ASSOCIATION' S 209 HEART & STROKE WALK EVENT APPROVALS:
Z z3
Raymond Bechler Date
Chief of Police
r gl o/v od
Cari Jame Date
Finance D r ctor
t . Z3
Salvador Navarrete Date
City Attorney
2.3 Ste en J. Salvatore Date
City Manager
203
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES TO THE AMERICAN HEART ASSOCIATION FOR THE 209 HEART & STROKE WALK EVENT ON OCTOBER 7, 2023
WHEREAS, the American Heart Association ( AHA) is the nation' s oldest and largest voluntary non- profit organization whose mission is to fight heart disease and stroke; and
WHEREAS, the AHA is hosting their 209 Heart & Stroke Walk event on Saturday, October 7, 2023 at 1051 River Islands Parkway in Lathrop to raise awareness and funding for heart disease. This regional event will attract thousands of visitors to Lathrop and event organizers estimates between 1, 500 - 2, 000 attendees; and
WHEREAS, the 209 Heart & Stroke Walk event will be from at 8: OOAM to 11: OOAM and the vendor/ festival area will have a kids activity zone, face painters, sponsor booths, a DJ, and photo areas; and
WHEREAS, due to the size and scope of the 209 Heart & Stroke Walk event, law enforcement services are being requested to ensure the safety and security of event participants. A total of four ( 4) officers are being requested to be present for the event. The total hours requested by the American Heart Association is sixteen 16) hours; and
WHEREAS, LPD is able to provide staffing for the requested overtime hours and the AHA further agrees to pay the cost of additional law enforcement services should circumstances require a mutual aid request from other City, County, or State agencies in order to restore or secure public safety at their event; and WHEREAS, the overtime cost for the AHA' s 209 Heart & Stroke Walk is estimated at $ 1, 736. 96; and
WHEREAS, there is no fiscal impact to the City for this agreement and the Revenue and Overtime Expense are included in the FY 23- 24 adopted budget; and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Agreement to Provide Law Enforcement Services to the American Heart Association for the 209 Heart & Stroke Walk event on October 7, 2023.
204
The foregoing resolution was passed and adopted this 11t" day of September 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 205
Attachment B
CITY OF LATHROP
AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON OCTOBER 7, 2023
THIS AGREEMENT for law enforcement services to the AMERICAN HEART ASSOCIATION for the 209 HEART& STROKE WALK event( hereinafter" EVENT"), dated for convenience this day of September 2023 is by and between the AMERICAN HEART ASSOCIATION, a nonprofit organization hereinafter" AHA") and the City of Lathrop, a California municipal corporation( hereinafter" CITY"). The CITY and the AMERICAN HEART ASSOCIATION may be referred to herein as" Party" or collectively as Parties".
RECITALS:
WHEREAS, AHA requests the CITY to provide law enforcement security services for the EVENT; and
WHEREAS, the CITY desires to accommodate AHA' s request and has no objections to providing law enforcement security services for the EVENT as allowed by Government Code 53069. 8 and reserves the right to terminate the EVENT for the purposes of public safety; and WHEREAS, costs for Officer work hours shall be paid by the AHA at the rate indicated in the estimated cost schedule below.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions in this Agreement, AHA and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CITY' s assigned police officers shall provide law enforcement security services to AHA' s 209 HEART& STROKE WALK EVENT located at 1051 River Islands Parkway, Lathrop, CA 95330 in accordance with the terms and conditions contained in this Agreement.
A. Each police officer shall be the CITY' s employee and shall be subject to the CITY' s administration, supervision, and control.
B. AHA agrees to pay the costs for law enfarcement services provided by the Lathrop Police Department at the hourly rate listed in Section 2 below.
C. The initially estimated total cost is based on the number of hours that CITY intends to assign Police Officers to cover the EVENT. Police Officer( s) will work from a schedule with a total of 16 hours for the duration of the EVENT as detailed in Section 2 Compensation below.
D. AHA agrees to pay a deposit equal to the initially estimated total cost as detailed in Section 2 below.
206
CITY OF LATHROP - AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON OCTOBER 7, 2023
E. The CITY shall be entitled to reimbursement should circumstances arise requiring more hours/ and or personnel and the estimated additional cost will be billed to AHA accordingly.
F. AHA be entitled to a reduction for less hours worked should circumstances( such as rain and wind) cause the EVENT to be closed or impacted. If the EVEN' T closes early, officers may work less hours.
G. AHA agrees to pay the CITY for all costs associated with providing law enforcement services for the EVENT. In addition, if further resources are needed to provide adequate security at the EVENT, including mutual aid from other agencies, those cost will be the responsibility of AHA. Hourly rates for the additional resources that are not included in the estimated cost schedule may vary. 2) Comuensation
AHA hereby agrees to pay all initial deposit of initial estimated total cost for law enforcement services as detailed in the schedule below:
Date No. of Hours Total Est. OT Estimated
Officers Hours Hourly Rate Total Cost
10/ 7/ 2023 4 8AM — 12PM 4 hours 16 Hours $ 108. 56 1, 736. 96 Total Estimated Cost 1 736. 96
After the EVENT, CITY will invoice the AHA for law enforcement services far actual hours of CITY personnel and any additional resource costs incurred for EVENT and apply the initial deposit as a credit. Hourly rates for additional resources that may be needed to provide adequate security at the EVENT that are not included in the initial estimated total cost schedule above may vary. 3) Effective Date and Term
The effective date of this Agreement shall be from the date of its full execution through October 8, 2023, unless terminated earlier by either party providing a minimum of seven ( 7) days' written notice.
4) Emplovment of Officer( s) and AssiEnments
CITY shall retain control over supervision, wages, and other terms and conditions of employment of the officers providing the services under this Agreement. The parties acknowledge that such officers are held to the requirements of the law and CITY policies and procedures. AHA shall immediately notify the CITY of any concerns regarding the performance of the assigned officers, including, but not limited to, adherence to quality of services as detailed in this agreement.
CITY shall assign Police Officers to cover the EVENT on each requested day on a rotational basis.
Police Officer( s) will work from a schedule as detailed in Section 2 Compensation of the Agreement, unless otherwise adjusted due to circumstantial events as referenced in the Agreement. 5) Billin s
CITY shall submit one invoice at the conclusion of the EVENT for actual law enforcement services
207
CITY OF LATHROP — AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON OCTOBER 7, 2023
incurred and any additional resource costs incurred for the EVENT. AHA shall remit payment to the CITY within thirty ( 30) days of receipt of invoice.
6) Supplies & Equipment
CITI' shall provide each officer with the following equipment:
A. Police Vehicles: City shall,
l. Provide a standard patrol vehicle for each officer.
2. Maintain the motor vehicles assigned to each officer.
3. Purchase gasoline, oil, replacement tires, and other expenses associated with the operation of each motor vehicle.
4. Maintain comprehensive general auto liability insurance on each motor vehicle in an amount as is currently provided through the Central San Joaquin Valley Risk Management Authority.
B. Weapons and Ammunition
1. CITY shall provide the standard issued weapons( handgun, shotgun, and rifle) and rounds of ammunition for each officer.
C. Office Supplies
1. CITY shall provide each officer with the usual and customary office supplies and forms required in the performance of their duties.
7) Compliance With the Laws
The Parties shall keep themselves informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner performance of the Services or those engaged to perform Services under this Agreement. 8) Insurance
A. AHA shall maintain commercial general liability insurance coverage at least as broad as Insurance Services Office( ISO) form CG 00 01, in an amount not less than one million dollars ($ 1, 000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. AHA' s general liability policies shall be primary and shall not seek contribution from the CITY' s coverage, and be endorsed using ISO form CG 2010( or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
B. Any failure to comply with reporting provisions of the policies by AHA shall not affect coverage provided the CITY.
C. Coverage shall state that AHA insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.
D. Coverage shall contain a waiver of subrogation in favor of the CITY.
208
CITY OF LATHROP — AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON OCTOBER 7, 2023
9) Indemnification
A. AHA shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers( hereafter collectively City Personnel) from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation ( including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the any services provided by the City or any City Personnel or their performance of work or any failure to comply with any of the City' s duties contained in the Agreement, except such loss or damage which was caused by the gross or willful misconduct of City Personnel.
B. In the event of concurrent negligence on the part of AHAor any of its officers, directors, trustees, employees, agents or volunteers, and CITY or any ofits officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law equity for such losses, fines, penalties, forfeiture, costs and damages shall be apportioned under the State of California' s theory of comparative negligence as presently established or as may be modified hereafter.
C. If AHA rejects a tender of defense by the City or City Personnel under this Agreement, and it is later determined that the City and City Personnel breached no duty of care and/ or were immune from liability, AHA shall reimburse the City and/ or City Personnel for any and all litigation expenses ( including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the City and/ or City Personnel settles a liability claim, with or without participation by AHA.
D. The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City or City Personnel that they would not owe in the absence of the Agreement. The Agreement does not create an affirmative duty of care( including, without limitation, a duty to protect, a duty to deter and/ or a duty to intervene) by the City or City Personnel and the absence of City Personnel is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the City nor City Personnel intend to waive any immunities to which they would be entitled in the absence of the Agreement. 10) Inte ration of Prior Terms and Conditions
This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party. An authorized agent of the City shall be a person specifically authorized by the legislative body of the City to execute this Agreement, at the level of City Manager or City Attorney or equivalent. The indemnity sections shall survive termination or expiration of this agreement.
11) Termination
Either Party to this Agreement may for any reason terminate this Agreement at any time by giving a Page4of7
209
CITY OF LATHROP — AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON OCTOBER 7, 2023
minimum of seven( 7) days' written notice to the other party. Upon termination of this Agreement as herein provided, AHA shall have no obligation to compensate or pay the CITY except for services provided prior to termination.
12) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party( 1) personally served,( 2) sent by the United States mail, postage prepaid, by certified mail ( 3) sent by private express delivery service and addressed as follows:
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Lathrop Police Department
940 River Islands Parkway
Lathrop, CA 95330
To AHA: American Heart Association
Atm: Donna Duldulao
2007 O St.
Sacramento, CA 95811
13) Miscellaneous
A. Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
B. Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.
C. Non- Discrimination. No party shall employ any discriminatory practices in its performance hereunder, including its employment practices, on the basis of sex, race, color, religion, national origin, ancestry, age, sexual orientation, or physical and mental disability.
D. Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
E. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
F. Headings. The paragraph headings are not a part of this Agreement and shall have no effect
210
CITY OF LATHROP — AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON OCTOBER 7, 2023
upon the construction or interpretation of any part of this Agreement.
G. Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
H. Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
I. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
J. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
K. Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
L. Successors and Assigns. The provisions ofthis Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
M. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
N. Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party
14) Si natures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the AHA and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
211
CITY OF LATHROP — AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON OCTOBER 7, 2023
In Witness Whereof, each Party to this Agreement has signed this Agreement upon the date indicated, and agrees, for itself, its employees, officers, partners, and successors, to be fully bound by all terms and conditions of this Agreement.
City of Lathrop: American Heart Association.:
Stephen J. Salvatore Date Donna Duldulao Date
City Manager Event Planning Director
Approved as to Form:
z. zoz3
Salvador Navarrete Date
City Attorney
Attest:
Teresa Vargas Date
City Clerk
Page
212
7 of 7
ITEM 4. 12
CITY MANAGER' S REPORT
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF OUT- OF- STATE TRAVEL FOR THE
LATHROP POLICE DEPARTMENT RECORDS
SUPERVISOR TO ATTEND THE RIMSCON
CONFERENCE IN OCTOBER 2023
RECOMMENDATION: Adopt Resolution Approving Out- of-State Travel for the Lathrop Police Department Records Supervisor
to Attend the RIMSCON 2023 Conference in South
Lake Tahoe, Nevada from October 9, 2023 to October
13, 2023
SUMMARY:
The City of Lathrop Police Department ( LPD) utilizes RIMS by Sun Ridge Systems RIMS) as the police department' s Computer Aided Dispatch ( CAD) software. The system assists with dispatching officers and non- sworn personnel to calls for service.
Participation in the RIMSCON 2023 Conference will provide training to our Records Supervisor for any system updates and changes, to be more proficient in RIMS, learn different shortcuts, receive answers from the subject matter experts, and to be able to train staff on how to navigate the system efficiently.
The cost for one staff inember to attend the RIMSCON 2023 Conference is $ 2, 800.
There is sufficient funds in the adopted FY 23- 24 budget to cover the cost of the training. Staff recommends City Council approve the out- of- state travel for the Lathrop Police Department Records Supervisor to attend RIMSCON 2023 Conference in South Lake Tahoe, Nevada from October 9, 2023 to October 13, 2023.
BACKGROUND:
The City of Lathrop Police Department utilizes RIMS by Sun Ridge Systems as the police department' s Computer Aided Dispatch ( CAD) software. RIMS assists with dispatching officers and non- sworn personnel to calls for service, to prioritize and record incident calls, and to identify status and locations of responders out in the field.
Other features in RIMS include the ability for LPD staff to create and submit case and accident reports, store all agency subpoenas, citations, and offender information, electronically transfer mandated data to the Department of Justice, and interface with the California Law Enforcement Telecommunications Systems ( CLETS). The interface with CLETS permits staff to verify driver' s license statuses, vehicle statuses, probation, warrants, parole information, and other pertinent information that LPD staff and officers may need immediate access to. Due to the complexity of the 213
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF OUT- OF- STATE TRAVEL FOR THE LATHROP POLICE
DEPARTMENT RECORDS SUPERVISOR TO ATTEND THE RIMSCON
CONFERENCE IN OCTOBER 2023
software and the different agencies that are connected to the CAD system, updates and changes to the software are essential.
The Records Supervisor serves as the administrator for the RIMS software. It is crucial for the Records Supervisor to acquire proficiency in the various features and functions of RIMS, enabling them to effectively train staff to navigate the system efficiently. Attending the RIMSCON 2023 Conference will provide valuable training on the software updates and modifications scheduled throughout the next year and ofFers networking opportunities that connect LPD with other professionals and experts in the field. Networking allows LPD to create and foster valuable relationships and resources. During the conference, the Records Supervisor will have the opportunity to provide feedback on software issues experienced by LPD and what can be improved, work with their peers and subject matter experts to find resolutions, and to find out what changes or updates may be coming.
REASON FOR RECOMMENDATION:
RIMSCON 2023 Conference will provide the training the Records Supervisor needs to acquire proficiency in the various features and functions of RIMS, enabling them to effectively train staff in navigating the system efficiently. Staff requests that the City Council adopt resolution approving the out- of-state travel for the Lathrop Police Department Records Supervisor to attend the RIMSCON 2023 Conference being held in South Lake Tahoe, Nevada from October 9, 2023 to October 13, 2023.
FISCAL IMPACT:
The cost for the Records Supervisor to attend the RIMSCON 2023 Conference is 2, 800. There are sufficient funds in the adopted FY 23- 24 Budget.
ATTAC H M E NTS:
A. Resolution Approving Out- of- State Travel for the Lathrop Police Department Records Supervisor to Attend the RIMSCON 2023 Conference in South Lake Tahoe, Nevada from October 9, 2023 to October 13, 2023
B. RIMSCON 2023 Conference Schedule
214
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER il, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF OUT- OF- STATE TRAVEL FOR THE LATHROP POLICE
DEPARTMENT RECORDS SUPERVISOR TO ATTEND THE RIMSCON
CONFERENCE IN OCTOBER 2023
APPROVALS:
Z3 Z
aymond Bechler Dat
Chief of Police
j o
Cari ) ame Date
Finance Di ctor
ZY Znz3
Salvador Navarrete Date
City Attorney
k • Z3
Step en J. Salvatore Date
City Manager
215
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING OUT- OF- STATE TRAVEL FOR THE LATHROP POLICE
DEPARTMENT RECORDS SUPERVISOR TO ATTEND THE RIMSCON 2023 CONFERENCE IN SOUTH LAKE TAHOE, NEVADA FROM OCTOBER 9, 2023 TO OCTOBER 13, 2023
WHEREAS, the City of Lathrop Police Department ( LPD) utilizes RIMS by Sun Ridge Systems ( RIMS) as the police department' s Computer Aided Dispatch ( CAD) software; and
WHEREAS, RIMS assists with dispatching officers and non- sworn personnel to calls for service, to prioritize and record incident calls, and to identify status and locations of responders out in the field; and
WHEREAS, other features of RIMS include the ability for LPD staff to create and submit case and accident reports, store all agency subpoenas, citations, and offender information, electronically transfer mandated data to the Department of Justice, and interface with the California Law Enforcement Telecommunications Systems ( CLETS); and
WHEREAS, the Records Supervisor serves as the administrator for LPD' s RIMS software, and it is crucial for the Records Supervisor to acquire proficiency in the various features and functions of RIMS, enabling them to efFectively train staff to navigate the system efficiently; and
WHEREAS, attending the RIMSCON 2023 Conference will provide valuable training on the software updates and modifications throughout the year and offers networking opportunities that connect our department with other professionals and experts in the field; and
WHEREAS, during the conference, the Records Supervisor will have the opportunity to provide feedback on software issues experienced by LPD and what can be improved, work with their peers and the subject matter experts to find resolutions, and to find out what changes or updates may be coming; and WHEREAS, the cost for the Records Supervisor to attend the RIMSCON 2023 Conference is $ 2, 800. There are sufficient funds in the adopted FY 23- 24 Budget.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the out- of- state travel for the Lathrop Police Department Records Supervisor to attend the RIMSCON 2023 Conference in South Lake Tahoe, Nevada from October 9, 2023 through October 13, 2023. 216
The foregoing resolution was passed and adopted this 11t" day of September 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 217
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ITEM 4. 13
CITY MANAGER' S REPORT
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PURCHASE OF A CHEVROLET
SILVERADO 3500 SPRAY RIG FOR THE PARKS,
RECREATION AND MAINTENANCE SERVICES
DEPARTMENT
RECOMMENDATION: Adopt a Resolution Approving the Purchase of a Chevrolet Silverado 3500 Spray Rig for the
Parks, Recreation and Maintenance Services
Department
SUMMARY:
On October 11, 2021, with Resolution No. 21- 4965, the City of Lathrop City Council approved the purchase of heavy equipment for the Parks, Recreation and Maintenance Services Department, which included a budget of $ 139, 239, taxes included, for the purchase of a Chevrolet Silverado 3500 Spray Rig.
Due to the numerous delays between General Motors ordering windows and supply chain issues with Spraytec, the spray rig is finally nearing the end of production and is estimated to be completed in mid- September 2023. As a result of the delays, the materials and parts increased in cost, resulting in an additional increase of $29, 438.
The total cost for the Chevrolet Silverado 3500 Spray Rig is now $ 168, 677.
Additonally, due to the length of time between the purchase order completion and the estimated acceptance of the custom spray rig, the original purchase order from October 2021 is no longer valid and is unable to be carried forward. As a result, the Chevrolet Silverado 3500 Spray Rig requires City Council to reapprove the purchase.
Sufficient funds are available within the FY 23/ 24 budget for the proposed purchase.
BACKGROUND:
The order for the Chevrolet Silverado 3500 Spray Rig was placed with the dealership in October 2021. The dealership placed the custom order with the General Motors factory in May 2022, which is when General Motors opened the ordering window for government entities.
The Chevrolet Silverado 3500 truck went into production on October 24, 2022. In January 2023, the truck was transported from the General Motors factory to Spraytec for the fabrication and manufacturing of the spray rig body. Due to supply chain issues and delays, the fabrication of the spray rig body was delayed. The spray rig is nearing the end of production and is estimated to be completed in mid- September 2023.
233
CITY MANAGER REPORT PAGE 2
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF A CHEVROLET SILVERADO 3500 SPRAY RIG FOR THE
PARKS, RECREATION AND MAINTENANCE SERVICES DEPARTMENT
Due to the increase costs in materials and parts between October 2021 and present, the price for the Chevrolet Silverado 3500 Spray Rig has increased by $ 29, 438. This brings the total cost to $ 168, 677. Staff requests City Council approve the purchase of the Chevrolet Silverado 3500 Spray Rig for a total cost of $ 168, 677.
RECOMMENDATION:
Adopt a Resolution Approving the Purchase of a Chevrolet Silverado 3500 Spray Rig for the Parks, Recreation and Maintenance Services Department.
FISCAL IMPACT:
Sufficient funds are available within the FY 2023/ 24 budget for the proposed purchase.
ATTACH M ENTS:
A. A Resolution of the City Council of the City of Lathrop Approving the Purchase of a Chevrolet Silverado 3500 Spray Rig
B. Quote - Chevrolet Silverado 3500 Spray Rig
C. Resolution 21- 4965 Approving Purchase of Seventeen ( 17) Units of Heavy Equipment
234
CITY MANAGER REPORT PAGE 3
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF A CHEVROLET SILVERADO 3500 SPRAY RIG FOR THE
PARKS, RECREATION AND MAINTENANCE SERVICES DEPARTMENT
APPROVALS:
31• ?- 3
Todd Seb ' n Date
Director of Parks, Recreation, and Maintenance Services i
3 a a3
Cari Ja e Date
Director a'f Finance
i• 2. L
Salvador Navarrete Date
City Attorney
l •S• z3
Stepn
J. Salvatore Date
City Manager
235
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE PURCHASE OF A CHEVROLET SILVERADO 3500 SPRAY RIG
FOR THE PARKS, RECREATION AND MAINTENANCE SERVICES DEPARTMENT WHEREAS, on October il, 2021, with Resolution No. 21- 4965, the City of Lathrop City Council approved the purchase of heavy equipment for the Parks, Recreation and Maintenance Services Department, which included a budget of 139, 239, taxes included, for the purchase of a Chevrolet Silverado 3500 Spray Rig; and
WHEREAS, due to the numerous delays between General Motors ordering windows and supply chain issues with Spraytec, the spray rig is finally nearing the end of production and is estimated to be completed in mid- September 2023; and WHEREAS, because of the delays, the materials and parts increased in cost, resulting in an additional increase of $ 29, 438 bringing the total cost for the Chevrolet Silverado 3500 Spray Rig to $ 168, 677; and
WHEREAS, due to the length of time between the purchase order completion and the estimated acceptance of the custom spray rig, the original purchase order from October 2021 is no longer valid and is unable to be carried forward; and WHEREAS, as the result of the purchase order no longer being valid, the purchase of the Chevrolet Silverado 3500 Spray Rig requires City Council to reapprove the purchase; and
WHEREAS, sufficient funds are available within the FY 2023/ 24 budget; and WHEREAS, staff is requesting City Council' s approval to purchase a Chevrolet Silverado 3500 Spray Rig for $ 168, 677.
NOW, THEREFORE, BE IT RESOLVED, that by the City Council of the City of Lathrop does hereby approve the purchase of a Chevrolet Silverado 3500 Spray Rig for a total amount of $ 168, 677.
236
The foregoing resolution was passed and adopted this llth day of September 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 237
ATTACHMENT B
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AMERiCAN CHEVR t, ET
4742 MCHENRY AVE
Mt?DESTO, CA 95356
Pitione: 209- 575- 7 60S
Fax: 209- 499- 7825
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Mnde! Year: 2023 Event Code: SQQ4- Deliv red ta Dealer
Make: Chevrol8t Order#: BRFD3P
Mode1: S500H0 Sifverado NlSRP;$ 43, 595. OQ
CK31403-Reg Chassis- Cab, 4WD
PEG: 1W7- Wc rk Truck Preferred Equipment Graup Order Type: FNR- leet Comrnercial Prirnary Colar: CsA2- Summft White Stock#: T23244
Trim: H2G- 1WT- nyl, Jet Black, tnterior Trim tnventory Status: N!A Engine: . 8T-Engine: 6. 6L, V-$, SfDI
i'ransrnissian: MYD- 6-Speed Automatic
Additional Vef icle Infnrmation
GM Marketing infonnetian
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G9Y-GVW Rating 14, d04 Lbs Dual Rear Wheels
GT4- Rear Axle: 3. T3 Ratfo
L8T- Engine: 6, 6L, V-8, Slpl
MYD- 6Speed Aertama# ic
PYW Wheeis: 97" Steel, Painted-- Duai Rear Wheels
VQ1- Holdback, Fieet Dealer Assistance
YF5- California Emissions
er? tinri:' u r=
9WT- Work Truak Preferred Equipment Group 9J4- Burnper: Rear Delete AE7weats; Fronf 40/ 20/ 40 Split• Bench, Uplevel BG9- Flour Covering; Rubberized Vinyi, B)ack G80- Auto ocking Differential, Re r GAZ- Susnmit White
tl2G- 1WT- Vinyi, Jet 8iack, Interior Trim OR- Chevrofet Infotainment, 7" Coior Screen K47- Heavy Duty Air Fitter KC4-Cooler, Engine Oil
KNP- 7ransmission Cooling Sysiem KW7- Alternator, 17Q AMP N2N• Pue! Tank, Duai Front and Rear, 63. 5 NQ- 7ransfer Case: w! Rotery Di l Contrai, Gallon Totai Etectronic ShifE
P03- Painted Wh et Trim 3kins, Painted Center 4Q0- Tires: i.T235/ 80 R17 All Sea on, Caps 8lackwail
SFW- Back- Up Alarm Calibration( SEOj UQ1- Roof Marlcer Larnps V76- Recovery Hoaks VK3- Front t. icense Piata Maunting PrdvEsions YK6- SEO Processing ption ZYU9- Delete: Pick- Up Box
indicates vehicfe belongs to Tra iing Partner`s inventory Disclaimer•
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1 rr ie ca bi nsccutate prici g mto
238
JDN 19, 2023 F& I - DEAL WORKSHEET Store 02 FANDz01 596/ 7452 4 70 1 DEAL # 149759 11 TRADE # 1 19 DOC EE 85 . 00
2 DEAL DAT$ 06f19/ 2023 12 PAYOFF # 1 20 WARR PRSM 0 . 00 3 STOCR # T23240 5 13 DEPOSIT 2S MAINT PREM O . db
14 CASH DOWN 22 GAP PREM
4 PRICE 45595 . Od 15 RSBATS 0 . 00
5 SPRAX RIG 09208 . 00 T4TAL DOWN a. 00 23 MSRP 45595 . 00 TOTAL AFTMKT ( 09208 . 00 24 BALLOON 0 . 00
26 R GISTERED STATE CA ADJ BALLOON 0. 00
6 TERM 1 17 CQIINTY C DE
RATE 0 18 COUNTY RATE 8 . 875 AMT FINANC D 168676 . 06
8 DAYS 3d GQVT FESS 41 . 5
9 PAYfYBAR 12 TAX S 13746 . 31
0 PXMT DATE 07/ i9j2423 RQ/ PQ # 1 INS:
RO/ FO # 2 MEMO# 1
3TATUS S Rv/ PO # 3 MEM 2
LINE#) M MODZFY} (?, CMD LIST}
SxIFT F1= FKEYS BANK= CABH DEAL MONTHLY PYMT ( 0) 16$ 676 . 06 239
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Sprayer 7cthnobgy
P.O. Box 2951
livermore, CA 94551- 2951
Phone: 57- 483=T394
Fax: 590- 483- T396
April 27, 2022
Zack Riedinger, Fleet Manager
American Chevrolet
4742 McHerrry Ave,
Modesto, CA 95356
Good morning Zach,
Spraytec is pleased to provide the folfowing quotation to build a sprayer for the City of Lathrop.
We wifl provide and install the falfowing pet our discussions with #he City.
1. 8' x 12' flat bed with beiow deck cabinets between the cab and rear wheels for the pump/ engine assembly and the hose ree(. An across the rear cabinet with 3 doors for the injec#ion pumps, The surface of the bed and inside bottoms af the cabinets will be pra#ected with Hercuiir er non-skid bed paint.
2. A 525 gallor uvater tank with " through the top" air gap filler and tocking lid
3. Honda GX270 engine, electric start, with low oil shutoff
4. Hypry J262C centrifugal pUmp with efectromagnetic cfutch
5. Teejet/ Mid#ech TASC6300 computer cantral system with radar speed gun, and 3 MT500 injection pumps.
6. ( 3) 7. 5 gallan chemical concentrate tanks, ( 1) with an agitator, and stainless steel mounting backets.
7. all interconnecting p(umbing fcom the tanks, through the umps, antt out the manifold.
8. An 8-solenad I regulator manifold with 2 left/righf ba11 valves for selecting and directing the spray to the multiple spray outlets.
9. a consale for controlling the movement of the spray arm and nozzl s, engir startJstop, agitator control, and light switches.
10. a 5- nozzle boomless spray head with a 3- way articulated arm mounted nn the driver' s side.
11. a 2- nozzle boomless spray head on the passenger side. 240
12. rear spray bar
13. ( 2} curb nozzles, 1 on each side, for spraying a 2- 3' pattern
14. An electric rewind hose reel, mounted in the belaw deck cabinet on the right side, with 200' of fz" hose, spray gun, and 4- sided rolier guide assembiy.
15. A 30- gailan fresh water tank with 12V dernand pump for provid' mg fresh water to the eye wash / shower hose and nazzie, and #a the hand wash spigots mo nted c rr e ch side of the truck bed.
16. ( 4) above deck tool boxes for storage of toois, PPE i#ems, etc.
1. I n 8- IigF t traffic adviso, mounted on a station rear of the m in t++fi r t k, nd controlleci from the truck cab.
18. ( 4) rectangular quad flashers, 2 on the headboard facing fonrvard, 2 in the rear bed rail.
19. ( 8) mini rectangular quad flashers, 2 on the front gri!!, 1 on each front fender, 1 on each side of the bed, and 2 on t1 e rear of the bed.
20. All required wiring, plumbing, components, installation, and ca{ibra#ion to render complete operating spray truck.
2. Operator training on all components and the contrallers t'ar up ta 4 persorrs.
22. A 1 year warranty for parts and lat or against defects in materials and workmanship.
We warrant our equipment and installation for 1 year from the in service dafe agains# defects in materials and workmanship. The warranty extends to components and labar.
The warranty is FOB aur shop in Livermore, California. Furthermore, we accept responsibility for correcting any items the receiving department deems unsatisfactory for meeting of the specifcations.
Defivery:
Our quotation assumes you will deliver the chassis to us in Livermore and pick up the compMeted sprayer for delivery to the City.
4ur production time from receipt of the truck and chassis is 120- 150 days after eceipt of the chassis. if you can give us about a 2- 3 w ek no#ice af when #he chassis wiit be ar iving, it helps to meet this timing.
Quatatinn: _,:
M L
Yaur cost for this assembly wilt be $ 109,208.00.
If you p
ov li o n a R' C' rfi' te w vtirt"
f`F 2irge sales tax.
Terms: We offer a 1° to cash discount of $ 1, 092. 40 for payment within 10 days after notificatian that the assembiy is finished and ready far pick up. atherwise it is net 241
iv uiaya iiv+i niv it. c uatc.
Thank you far coordinating the assembly with us.
Neil Donat
Manager
242
ATTACHMENT C
RESOLUTION NC3. 21- 4965
A RESOLUTION OF THE ITY COUNCIL OF TH CITY t?F I.ATHROP APPROVING THE PURCHASE t?F SEVENTEEN { 17) UNITS OF HEAVY EQUIPMENT FOR PARKS, RECREATION AND MAINTENANCE SEOtVICES WHEREAS, the City operates and maintains an inventory of heavy equipment far the purpose of inspecting, maintaining and repairing City facilities and infrastructure; and
WHEREAS, seventeen ( 17) new units of heavy equipment are n eded to replace existing equipment at the end of th ir servi life d ta t btain new equipment to increase productivity and better serve the City; and WHEREAS, in accordance with LMC 2. 36 regarding purchasing, staff has researched muitipie companies and received three ( 3) quotes for each piece o equipment and has chosen the lowest price quotes; and
WHEREAS, the pricing associated with the purchase Chevrolet 350Q Spray Rig was provided by Arnerica Chevrolet thraugh the Gavernment Pricing Contract and was the lowest of the quotes received; and
WHEREAS, staff is requesting Council approvai to pface an arder for the following equipment:
Purchase of the foilawing:
Two ( 2) 3000 Watt Portabie Generators 3, 298
ne ( 1) 5000 Watt Portable Generator 2, 299
One ( 1) Tow- behind Aerator 9, 614
One ( 1) Anchor Care Drill with Motor 3, iS9
ne ( 1) Tow- behind Compressor Trailer $ 22, 950
Qne ( 1) Concrete Walk Behind Saw 2, 715
One ( 1} Single Disc Grinder 5, 070
One ( 1) Edge Grinder 3, 293
One ( 1) Emergency Respanse Equipment $ 16, 251
One ( 1) Poie Saw 550
One ( 1) Pressure Washer w/ Turbo Nozzle $ 686
One ( 1) Seed Spreader 15, 851
One ( 1) Chevrolet 3500 for Spray Rig 128, 036
One ( 1) Vacuum Excavator 62, 938
One ( 1) W ter Pump w/ Hoses 1, 524
Tax $ 25, 042
Tota l 3t13, 2$ 8
Resolution No. 21- 4965
243
WHEREAS, sufficient funds have been included in the fiscal year 2021- 22 adopted budget.
NOW, THEREFORE, BE YT RESOLVED that the City Counci! of the City nf Lathrop daes hereby apprave the purchese of seventeen ( 17} units of heavy equipment frorn multiple companies for a kotaf amount of $ 303, 286, The foregoing resolution was passed and adapted this ilth day of C3 tober 2021, by the following vote af the City Councii, to wit:
1 YES:
Nt ES;
ABSENT.
ABSTAIN:
5onny Dhaliwal, Mayor .
4 ATTEST: APPROVED AS TO FORM:
resa Vargas, City Cler Salvador Navarrete, Cizy Attorney Resolution No. 21- 4965
244
ITEM 4. 14
CITY MANAGER' S REPORT
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE WASTEWATER TREATMENT
CAPACITY TRANSFER FROM SOUTH LATHROP
LAND, LLC TO LATHROP LAND ACQUISITION,
LLC, THROUGH THE CITY
RECOMMENDATION: Adopt Resolution Approving the Transfer of Wastewater Treatment Capacity in the
Consolidated Treatment Facility from South
Lathrop Land, LLC to Lathrop Land Acquisition,
LLC through the City and an Associated
Transfer Agreement
SUMMARY:
On October 5th, 2006, City Council approved Vesting Tentative Map 3533 to create 62 parcels on 960 acres of land in the Central Lathrop Specific Plan. Per the City of Lathrop General Plan, Lot 4 of Tract 3533 (" Project"), is zoned as high density residential. Lathrop Land Acquisition, LLC ( Saybrook"), the owner for the Project, is required to secure sufficient wastewater capacity prior to the issuance of first building permit for a land use that does not require a Small Lot map for the Project. South Lathrop Land, LLC (" SLL") has unused wastewater capacity and has agreed to sell it to Saybrook with the City acting in its capacity as the intermediary for the transfer.
Staff recommends Council approve the requested transfer of wastewater treatment capacity and authorize the City Manager to execute the Wastewater Treatment Capacity Transfer Agreement (" Transfer Agreement").
BACKG ROU N D:
In November 2016, the City and several developers entered into a Design and Construction Funding Agreement Related to the Phase 2 Expansion of Existing Lathrop Consolidated Treatment Facility (" CTF 2 Agreement", Exhibit A of Attachment B). The CTF 2 Agreement assigned sewer allocation in two categories, Initial Capacity and Reserve Capacity, with use of the Initial Capacity being immediately available and the Reserve Capacity being subject to demonstration of need.
On November 21, 2016, Richland Developers, Inc. (" Richland") entered into the CTF 2 Agreement, whereby the City allocated 114, 000 gallons per day ( gpd") in initial wastewater treatment capacity, and 41, 455 gpd of reserve wastewater treatment capacity to Richland. On May 12, 2018, the capacity was transferred to SLL based on SLL' s acquisition of the South Lathrop Commerce Center Property ( SLCC Property) from Richland, and Richland' s transfer of their rights to the CTF as documented in the transfer of the Funding Agreement between SLL and Richland (" Funding Agreement"), as adopted by the City Ordinance No. 18- 390. 245
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE WASTEWATER TREATMENT CAPACITY TRANSFER FROM SLL, LLC TO SAYBROOK, LLC. THROUGH THE CITY
The Wastewater Treatment Capacity allocation factor for the SLCC Property ( Parcel Map 17- 01) is being adjusted from 355 gpd to 172 gpd based on data from similar dry warehouse use and water meter consumption. This frees up 183 gpd for sale to other city developments. The new 172 gpd allocation limits the SLCC Property use to dry warehousing.
On October 5, 2006, the City approved a Vesting Tentative Map ( VTM) for Tract 3533 to create 62 parcels on 960 acres of land. Saybrook has requested to secure sufficient sewer capacity for Lot 4 of Tract 3533 for the planned development of 195 multifamily units ( Project"). Pursuant to the Conditions of Approval for Tract 3533, the developer, Saybrook, is required to secure 33, 150 gpd of sufficient wastewater capacity for the Project prior to the issuance of first building permit for a land use that does not require a Small Lot map.
SLL recognizes the benefits to its own project and to the long term development goals of City for SLL to support the Project and therefore wishes to transfer to Saybrook, and Saybrook wishes to accept, 33, 150 gpd of Wastewater Treatment Capacity previously allocated to SLL under the CTF 2 Agreement.
The purchase price has been established by the City in accordance with the Funding Agreement as $ 29. 98/ gpd, and so the purchase price for a total of 33, 150 gpd is agreed by Saybrook to equal $ 993, 837. Saybrook is required to use the wastewater capacity for the Project within one year of the approval of the Transfer Agreement or sell the capacity back to the City at the original price of $ 29. 98/ gpd.
The Public Works Director has confirmed that the requested transfer is consistent with the City' s General Plan, Sewer Master Plan, and Zoning Ordinance. The Public Works Director and the City Engineer recommend City Council approve the application for sewer transfer and authorize the City Manager to execute the Transfer Agreement.
REASON FOR RECOMMENDATION:
The Public Works Director has confirmed that the requested Transfer Agreement is consistent with the City' s General Plan, Sewer Master Plan and Zoning Ordinance.
The Public Works Director and the City Engineer recommend City Council approve the sewer transfer and authorize the City Manager to execute the Transfer Agreement, approved as to form by the City Attorney, with the applicant. In accordance with the Transfer Agreement, Saybrook shall make payment in full within ten ( 10) days after the date when the City Council approves the transfer and agreement. At the time of receipt of payment, City will transfer the treatment capacity to Saybrook and the funds to SLL.
246
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE WASTEWATER TREATMENT CAPACITY TRANSFER FROM SLL, LLC TO SAYBROOK, LLC. THROUGH THE CITY
FISCAL IMPACT:
None.
ATTACH M ENTS:
A. Resolution Approving the Transfer of Wastewater Treatment Capacity in the Consolidated Treatment Facility from South Lathrop Land LLC, to Saybrook, LLC, through the City and an Associated Transfer Agreement.
B. Wastewater Treatment Capacity Transfer Agreement from SLL to the City and from City to Saybrook.
247
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE WASTEWATER TREATMENT CAPACITY TRANSFER FROM SLL, LLC TO SAYBROOK, LLC. THROUGH THE CITY
APPROVALS
r- R 8• 2a • Zo23
Brad Taylor Date
City Engineer
Cari Jam Date
Finance D ctor
S • Z` t - 2023
Michael King Date
Assistant City Manager
Z-,` Z o -
Salvador Navarrete Date
City Attorney
23 St en J. Salvatore Date
City Manager
248
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING THE TRANSFER OF WASTEWATER TREATMENT CAPACITY IN
THE CONSOLIDATED TREATMENT FACILITY FROM SOUTH LATHROP LAND,
LLC TO LATHROP LAND ACQUISITION, LLC THROUGH THE CITY AND AN
ASSOCIATED TRANSFER AGREEMENT
WHEREAS, on November 21, 2016, the City and several developers entered into a Design and Construction Funding Agreement Related to the Phase 2 Expansion of Existing Lathrop Consolidated Treatment Facility (" CTF 2 Agreement"); and WHEREAS, the CTF 2 Agreement assigned sewer allocation in two categories, Initial Capacity and Reserve Capacity, with use of the Initial Capacity being immediately available and use of the Reserve Capacity being subject to demonstration of need; and
WHEREAS, Richland Developers, Inc. (' Richland") was one of the developers that entered into the CTF 2 Agreement, whereby the City allocated 114, 000 gallons per day (" gpd") in initial wastewater treatment capacity, and 41, 455 gpd of reserve wastewater treatment capacity to Richland; and
WHEREAS on May 12, 2018, the capacity was transferred to South Lathrop Land, LLC (" SLL") based on SLL' s acquisition of the South Lathrop Commerce Center Property ( SLCC Property) from Richland, and Richland' s transfer of their rights to the CTF as documented in the transfer of the Funding Agreement between SLL and Richland (" Funding Agreement"), as adopted by the City Ordinance No. 18- 390; and WHEREAS, the Wastewater Treatment Capacity allocation factor for the SLCC Property ( Parcel Map 17- 01) is being adjusted from 355 gpd to 172 gpd based on data from similar dry warehouse use and water meter consumption. This frees up 183 gpd for sale to other city developments. The new 172 gpd allocation limits the SLCC Property use to dry warehousing; and
WHEREAS, on October 5, 2006, the City approved a Vesting Tentative Map VTM) for Tract 3533 to create 62 parcels on 960 acres of land. Lathrop Land Acquisition, LLC (" Saybrook"), has requested to secure sufficient sewer capacity for Lot 4 of Tract 3533 for the planned development of 195 multifamily units (" Project").
Pursuant to the Conditions of Approval for Tract 3533, the developer, Saybrook, is required to secure 33, 150 gpd of sufficient wastewater capacity for the Project prior to the issuance of first building permit for a land use that does not require a Small Lot map; and
WHEREAS, SLL recognizes the benefits to its own project and to the long term development goals of City for SLL to support the Project and therefore wishes to transfer to Saybrook, and Saybrook wishes to accept, 33, 150 gpd of Wastewater Treatment Capacity previously allocated to SLL under the CTF 2 Agreement; and 249
WHEREAS, the purchase price has been established by the City in accordance with the Funding Agreement as $ 29. 98/ gpd, and so the purchase price for a total of 33, 150 gpd is agreed by Saybrook to equal $ 993, 837; and WHEREAS, Saybrook is required to use the wastewater capacity for the Project within one year of the approval of the Wastewater Treatment Capacity Transfer Agreement (" Transfer Agreement") or sell the capacity back to the City at the original price of $ 29. 98/ gpd; and
WHEREAS, the Public Works Director has confirmed that the requested transfer is consistent with the City' s General Plan, Sewer Master Plan, and Zoning Ordinance, and the Public Works Director and the City Engineer recommend City Council approve the application for sewer transfer and authorize the City Manager to execute the Transfer Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the transfer from South Lathrop Land, LLC to the City and the City' s transfer to Lathrop Land Acquisition, LLC of 33, 150 gpd in Wastewater Treatment Capacity in the Consolidated Treatment Facility, pursuant to the terms of the Transfer Agreement; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the Transfer Agreement and authorize the City Manager to sign documents necessary to implement the terms of the same to document the transfer from South Lathrop Land, LLC to the City of 33, 150 gpd in Wastewater Treatment Capacity in the Consolidated Treatment Facility the immediate transfer of the same capacity from the City to Lathrop Land Acquisition, LLC. 250
PASSED AND ADOPTED by the City Council of the City of Lathrop this 11th day of September 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas Salvador Navarrete
City Clerk City Attorney
251
ATTACHMENT
RECORDING REQUESTED BY AND
AFTER RECORDING MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exem t from a ment of recordin fees GC 27383
Space above this line reserved for recorder' s use
APN' s:
241- 030- 18, 19, 20, 21, 22, 23, 45, 46, 47, 48
WASTEWATER TREATMENT CAPACITY
TRANSFER AGREEMENT
THIS WASTEWATER TREATMENT CAPACITY TRANSFER AGREEMENT ( the AgreemenY'), is made this day of 2023 (" Effective Date"), by and between South Lathrop Land, LLC a Delaware limited liability company, TriPoint Building 3, LLC, a Delaware limited liability company, TriPoint Building 5, LLC, a Delaware limited liability company, TriPoint Building 6, LLC, a Delaware limited liability company, TriPoint Building 7, LLC, a Delaware limited liability company, collectively hereinafter referred to as " SLL", Lathrop Land Acquisition, LLC, a Delaware limited liability company, hereinafter referred to as" Saybrook", and the City of Lathrop, a municipal corporation in the State of California, hereinafter referred to as City". Hereinafter all parties may be referred to collectively as " Parties" or individually as a Party„
RECITALS
WHEREAS, SLL owns the South Lathrop Commerce Center (SLCC) parcels designated with APNs 241- 030- 18, 19, 20, 21, 22, 23, 45, 46, 47, and 48 in the City of Lathrop, California, SLCC Property") where it is the developer of industrial and commercial properties pursuant to the South Lathrop Specific Plan (" SLL Project"); and
WHEREAS, on November 21, 2016, Richland Developers, tnc. entered into the Design and Construction Funding Agreement Related to the Phase 2 Expansion of the Existing Lathrop Consolidated Treatment Facility with the City ("CTF 2 Agreement") attached hereto as Exhibit A.
The CTF 2 Agreement states that the City allocated 114, 000 gallons per day (" gpd") in Initial Wastewater Treatment Capacity, and 41, 455 gpd of Reserve Wastewater Treatment Capacity to Richland Developers, Inc; and
WHEREAS, SLL acquired the SLCC Project from Richland Developers, Inc., and Richland Developers, Inc.' s transfer of all of their rights to the Phase 2 Expansion of the Existing Lathrop Consolidated Treatment Facility as documented in the Transfer Agreement Relating to Design and Construction Funding Agreement For The Phase 2 Expansion of the Lathrop Consolidated Treatment Facility between SLL and Richland Developers Inc. as adopted by the City Ordinance No. 18- 390 and as approved by the City and recorded by the San Joaquin County Recorder's Office as Doc# 2018- 047863 on May 1, 2018, attached hereto as Exhibit B ( Funding Agreement). 252
SLL became and now is the successor in interest to all of Richland Developers, Inc.' s rights contained within the CTF 2 Agreement; and
WHEREAS, on September 14, 2020, 41, 455 gpd of Reserve Wastewater Treatment Capacity was transferred from SLL to Saybrook CLSP, LLC with the Reserve Wastewater Treatment Capacity Transfer Agreement recorded by the San Joaquin County Recorder' s Office as Doc# 2020- 126204; and
WHEREAS, on July 10, 2023, 17, 100 gpd of Wastewater Treatment Capacity was approved to be transferred from SLL to DR Horton with the Wastewater Treatment Capacity Transfer Agreement recorded by the San Joaquin County Recorder' s Office as Doc # 2023- 059240; and
WHEREAS, the Wastewater Treatment Capacity allocation factor used for the SLCC Property with Parcel Map 17- 01 was 355 gpd however City is adjusting this factor to 172 gpd based on an analysis of similar dry warehouse use and actual water meter consumption data from the SLCC Property. The difference of 183 gpd ( 355 — 172 = 183) is available for sale from SLL to other developments in City. The Wastewater Treatment Capacity allocation factor of 172 gpd limits the use of the warehouse to dry warehousing operations only and SLL will be required to purchase additional capacity if the future use of the warehouse changes to something other than dry warehouse use and the Wastewater Treatment Capacity demand increases above 172 gpd; and
WHEREAS, on October 5, 2006, the City approved a Vesting Tentative Map ( VTM) for Tract 3533 to create 62 parcels on 960 acres of land. Saybrook has requested to secure sufficient sewer capacity for Lot 4 of Tract 3533 for the planned development of 195 multifamily units Project"); and
WHEREAS, pursuant to the Conditions of Approval for Tract 3533, the developer, Saybrook, is required to secure sufficient wastewater capacity prior to issuance of building permit for a land use that does not require a Small Lot map. The purchase price has been established by the City in accordance with the Funding Agreement as $ 29.98/gpd. The total purchase price for the required 33, 150 gpd of wastewater capacity for the Project is agreed by Saybrook to equal 993, 837; and
WHEREAS, SLL recognizes the benefits to its own project and to the long term development goals of City for SLL to support the Project and therefore wishes to transfer to Saybrook, and Saybrook wishes to accept, 33, 150 gpd of Wastewater Treatment Capacity previously allocated to SLL under the CTF 2 Agreement; and WHEREAS, the Public Works Director has confirmed that the requested transfer is consistent with the City' s General Plan, Sewer Master Plan, and Zoning Ordinance. The Public Works Director and the City Engineer recommend City Council approve the application for sewer transfer and authorize the City Manager to execute this Agreement, approved by the City Attorney, with the applicant; and
WHEREAS, consistent with Schedule 3 of the CTF 2 Agreement, SLL has filed an application with the City to effectuate the transfer contemplated in this Agreement, and that application took the form of this Agreement. This Agreement, which shall be approved as to form by the City Attorney, constitutes the agreement required by the City pursuant to Schedule 3 of the CTF 2 Agreement. Schedule 3 of the CTF 2 Agreement is attached hereto in Exhibit A. 253
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Adjusted Wastewater Treatment Capacity Allocation Factor. SLL agrees to adjusting the wastewater factor from 355 gpd to 172 gpd for the SLCC Property. The difference of 183 gpd 355 — 172 = 183) is available for sale from SLL to other developments in City. The allocated Wastewater Treatment Capacity factor of 172 gpd now restricts the property's usage to dry warehousing operations exclusively. If there are plans to use the warehouse space for activities other than dry warehousing, and this leads to a rise in Wastewater Treatment Capacity demand beyond 172 gpd, SLL will be obligated to acquire additional Wastewater Treatment Capacity.
2. Allocation of Wastewater Treatment Capacity. SLL agrees to transfer to the City 33, 150 gpd of Wastewater Treatment Capacity previously allocated to SLL in the CTF 2 Agreement and reflected on Exhibit C within ten ( 10) business days after the City Council approval of this transfer and Agreement. This will leave SLL with 63, 750 gpd of Wastewater Treatment Capacity. The Wastewater Treatment Capacity transferred as part of this Agreement shall be allocated first to City for transfer to Saybrook once the requirements of this Agreement are satisfied. If Saybrook does not fund and proceed with this transfer, the City agrees to return the Wastewater Treatment Capacity to SLL.
3. Pavment for Allocation of Wastewater Treatment Capacitv. In exchange for SLL' s transfer of Wastewater Treatment Capacity pursuant to this Agreement to the City, Saybrook agrees to pay to City $ 993, 837, or $ 29. 98 for each gpd of Wastewater Treatment Capacity transferred pursuant to this Agreement. Payment shall be made in full prior to the issuance of the first building permit for the Saybrook Project. At the time of receipt of payment from Saybrook, City will transfer the 33, 150 gpd of Wastewater Treatment Capacity to Saybrook and the funds to SLL. Upon transfer, Saybrook shall have conditional ownership as outlined in Paragraph 5 and use of 33, 150 gpd of SLL' s Wastewater Treatment Capacity.
4. Aqreement Continqent on Citv' s Approval of Transfer of Wastewater Treatment Capacitv and Final Map. The obligations in this Agreement are contingent on the City Council' s approval of the transfer and this Agreement pursuant to the procedure outlined in Schedule 3 of the CTF 2 Agreement. In the event that the Lathrop City Council denies the transfer and this Agreement, SLL shall have no further obligation to transfer Wastewater Treatment Capacity to Saybrook under this Agreement, and the Agreement shall have no further binding effect on the Parties. The City also confirms that SLL and Saybrook has fulfilled all of their obligations under the CTF 2 Agreement, no amounts are owed, and no event of default exists.
5. Savbrook' s Obliqation to Obtain Proiect Approvals Within One Year of Citv Approval of Wastewater Treatment Capacitv Allocation. Consistent with the requirements in Schedule 3 of the CTF 2 Agreement, Saybrook shall use the capacity for the Project within one year from the City' s approval of the transfer and Agreement. Unless the City Council approves an alternative time limit, if the Project does not develop within the timeframe in this paragraph, this Agreement shall be void and the 33, 150 gpd of Wastewater Treatment Capacity shall be sold back to the City at the original price of$ 29. 98/ gpd.
6. Mutual Hold Harmless / Indemnification. Each Party shall hold each other Party harmless, and defend, and indemnify each other Party, its officers, employees, consultants, and agents from and against any and all claims, suits, causes of action, or other proceedings for damages, injuries, losses, costs ( including attorneys' fees and costs of suit or other dispute resolution processes), or any other liability arising out of, the performance, or failure to perform, 254
any of the duties and obligations set forth in this Agreement. The duty to defend shall include provision for all costs and fees, including attorneys' fees, associated with such defense.
7. No Partnership. It is not the purpose or the intention of this Agreement to create, and this Agreement shall not create, a joint venture, partnership, or other relationship whereby either Party would be liable for the omissions, commissions, or performance of the other Party.
8. Further Assurance. The Parties shall execute and deliver such further instruments and do further acts and things as may be required to carry out the intent and purposes of this Agreement as may be reasonably requested by any Party.
9. Force Maieure. With respect to the matters contemplated by this Agreement, no Party shall be liable or responsible to the other as a result of any injury to property or as a result of inability to provide capacity, which was caused by any Force Majeure event.
10. Governinq Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
11. Assiqnment. No Party may assign its rights under this Agreement to any person, entity, or governmental or quasi- governmental body without the prior written consent of the other Parties.
12. Entire Apreement / Amendment. This Agreement including the recitals, which are incorporated by this reference, contains the entire Agreement between the Parties regarding the Wastewater Transfer between the Parties. No change or modification of this Agreement shall be valid unless the same is an amendment, in writing, signed by both Parties.
13. Recordation of Aqreement. Consistent with the requirements of Schedule 3 of the CTF 2 Agreement, City shall cause this fully executed Agreement to be recorded in the San Joaquin County Recorder' s Office within thirty ( 30) days after the City Council approves the transfer and this Agreement.
14. Exhibits. The Exhibits referenced and included in the Agreement are as follows:
Exhibit A: Design and Construction Funding Agreement Related to the Phase 2 Expansion of the Existing Lathrop Consolidated Treatment Facility with the City (" CTF 2 Agreement"), dated November 21, 2016
Exhibit B: Transfer Agreement Relating to Design and Construction Funding Agreement For The Phase 2 Expansion of the Lathrop Consolidated Treatment Facility between SLL and Richland Developers Inc. as adopted by the City Ordinance No. 18- 390 and as approved by the City and recorded ( Doc# 2018- 047863), recorded May 1, 2018 Exhibit C: Reallocation form to reflect the Reallocation of Wastewater Treatment Capacity from SLL to the City.
Exhibit D: Reallocation form to reflect the transfer of the Wastewater Treatment Capacity from the City to Saybrook.
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IN WITNESS WEREOF, the parties have caused their respective duly authorized representatives to execute this Agreement as of the Effective Date above.
Signatures on Next Page]
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South Lathrop Land, L. L. C.,
a Delaware limited liability company
By: CHI West 109 South Lathrop Land, L. P.,
a Delaware limited partnership,
its managing member
By: CHI LTH GP, L. L. C.,
a Delaware limited liability company,
its general partner
By:
Philip J. Prassas
Vice President
TriPoint Building 3, L. L. C.,
a Delaware limited liability company
By: TriPoint Phase I Venture, L. L. C.,
a Delaware limited liability company,
its sole member
By: CHI West 114 TriPoint Phase I, L. L. C.,
a Delaware limited liability company,
its managing member
By: CHI West 109 South Lathrop Land, L. P.,
a Delaware limited partnership,
its sole member
By: CHI LTH GP, L. L. C.,
a Delaware limited liability company,
its general partner
By:
Philip J. Prassas
Vice President
257
TriPoint Building 5, L. L.C.,
a Delaware limited liability company
By: TriPoint Phase I Venture, L. L. C.,
a Delaware limited liability company,
its sole member
By: CHI West 114 TriPoint Phase I, L. L. C.,
a Delaware limited liability company,
its managing member
By: CHI West 109 South Lathrop Land, L. P.,
a Delaware limited partnership,
its sole member
By: CHI LTH GP, L. L. C.,
a Delaware limited liability company,
its general partner
By:
Philip J. Prassas
Vice President
TriPoint Building 6, L. L. C.,
a Delaware limited liability company
By: TriPoint Phase I Venture, L. L. C.,
a Delaware limited liability company,
its sole member
By: CHI West 114 TriPoint Phase I, L. L. C.,
a Delaware limited liability company,
its managing member
By: CHI West 109 South Lathrop Land, L.P.,
a Delaware limited partnership,
its sole member
By: CHI LTH GP, L. L. C.,
a Delaware limited liability company,
its general partner
By:
Philip J. Prassas
Vice President
258
TriPoint Building 7, L. L. C.,
a Delaware limited liability company
By: TriPoint Phase I Venture, L. L. C.,
a Delaware limited liability company,
its sole member
By: CHI West 114 TriPoint Phase I, L. L. C.,
a Delaware limited liability company,
its managing member
By: CHI West 109 South Lathrop Land, L. P.,
a Delaware limited partnership,
its sole member
By: CHI LTH GP, L. L. C.,
a Delaware limited liability company,
its general partner
By:
Philip J. Prassas
Vice President
259
Lathrop Land Acquisition, L. L. C.,
a Delaware limited liability company,
By: Saybrook Fund Investors, L. L. C.,
Its: Managing Member
Jeffrey M. Wilson Date
Officer
260
CITY:
CITY OF LATHROP, a
Municipal Corporation of the
State of California
By: Stephen J. Salvatore
Its: City Manager
ATTEST:
City Clerk of and for the City
By: Teresa Vargas
Its: City Clerk
APPROVED AS TO FORM BY THE
CITY OF LATHROP ITY ATTORNEY:
By: Salvador Navarrete
Its: City Attorney
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DESIGN AND CONSTRUCTION FUNDING AGREEMENT
RELATED TO THE PHASE 2 EXPANSION OF THE EXISTING LATHROP CONSOLIDATED TREATMENT FACILITY (" LCTF")
This Design and Construction Funding Agreement ( the " AareemenY') is made and entered into as of November , 2016 (" Effective Date"), by and between the C1TY OF LATHROP, a municipal corporation (" CITY"), RIVER ISLANDS DEVELOPMENT, LLC, a Califomia limited liability company (" RID"), RICHLAND DEVELOPERS, INC., a Delaware corporation (" RDI"), SAYBROOK CLSP, LLC, a Califomia limited liability company(" Savbrook"), and LATHROP MOSSDALE INVESTORS, LP, a Califomia limited partnership (" LMI")( excluding CITY, collectively, " DEVELOPERS"). DEVELOPERS and CiTY are referred to herein, individually as" party" and collectively as the " a
rties."
RECITALS
A. The CITY currently operates the existing LCTF with a flow capacity of 1. 0 million gallons per day, or" MGD" in accordance with Waste Discharge Requirements R5- 2016- 0028 approved by the Central Valley Regional Water Quality Control Board ( the " Repional Board") on April 21, 2016 ( the " WDRs"). Pursuant to the WDRs, the CITY may add new spra elds and construct additional recycled water storage ponds in accordance with the requirements of the WDRs with approval of the technical reports submitted to the Executive Officer. The CITY also adopted a CEQA Addenda for the incremental increase of up to`3. 0 MGD in treatment capacity, raising the total anticipated treatment. capacity to approximately 9. 1 MGD. Minor revisions to the WDRs regarding new state water quality standards and a new minimum increment for expansion of disposal areas required for the LCTF are expected to be considered by the Regional Board in fall, 2017. New CEQA review is not expected to be required for the revised WDRs.
B. The parties desire to expand the existing LCTF to process up to 2. 5 MGD of treatment capacity by adding a total of 1. 5 MGD to the existing LCTF ( the" Phase 2 Expansion").
C. CITY and DEVELOPERS are parties to a series of sewer funding agreements relating to the Phase 2 Expansion ( collectively the " Fundinct Aqreements"). The Funding Agreements are listed in Schedule 1 attached hereto. To the extent of any conflicts between the Funding Agreements and this Agreement, this Agreement shall control and supersede any such conflicting terms.
D. During the pre- design and design process for the Phase 2 Expansion, additional developers ( listed in Schedule 2 attached) participated in and funded the Phase 2 Expansion.
Following the pre- design process, the additional developers withdrew(" Withdrawn Developers") from the Phase2 Expansion. CITY reimbursed ( or will reimburse) the Withdrawn Developers for costs they had expended. Accordingly, and once reimbursed, the Withdrawn Developers have no right under this Agreement to receive a " wiA serve" from CITY with respect to any capacity in the Phase 2 Expansion.
E. The parties desire to execute this Agreement to set forth their definitive understanding with respect to the funding of pre-design, design, permitting, programming, construction costs and standby charges, including all outside consultant costs and CITY staff costs relating to, and allocations of capacity in the Phase 2 Expansion as more particularly set forth herein.
NQW THEREFORE, in consideration of the promises and covenants contained herein, the above recitals, and other good and valuable considerafion, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
AGREEMENT
1. Incorporation of Recitals. The parties agree that the foregoing Recitals are true and correct, and are incorporated as a part of this Agreement as if set forth in full herein. 1 262
2. Overall Cost: Phase 2 Expansion.
a. Based upon bids received by the CITY and CITY'S calculation of other costs such as permitting and C1TY staff charges, the #otal estimated cost of the Phase 2 Expansion is 26, 374,212 ( the °Expansion Costs"). The parties acknowledge that the estimated Expansion Costs include a 10% contingency( the " Continaenc'), which the parties expressly approve. Of the total estimated Expansion Costs, DEVELOPERS have funded $ 2, 914, 647 pursuant to the Funding Agreements ( the " Funded Expansion Cosfs"), which amount is net of any amounts reimbursed or to be reimbursed to Withdrawn Developers by CITY. Section 6. a. and Exhibit A illustrate each DEVELOPER' S share of Funded Expansion Costs paid to date, Unfunded Expansion Costs ( defined in Section 6. a) and timing of payment. b. Upon receipt of the Unfunded Expansion Costs, the CITY shall use commercially reasonable efforts to complete the Phase 2 Expansion in an timely manner, subject to force majeure delays, including without limitation obtaining all applicable permits and approvals necessary to proceed with the Phase 2 Expansion including an updated WDR to clarify minimum increments for additional storage capacity and address new state water quality standards, as well as the requisite administrative design and pond approvals for the Phase 2 Expansion. Newly proposed spra eld areas and recycled water storage ponds for use in disposal of treated . wastewater from the LCTF inay require environmental review under CEQA.
3. Initial Capacitv Allocations. Subject to the DEVELOPERS' compliance with the terms of this Agreement, CITY will provide DEVELOPERS with initial capacity allocations in the Phase 2 Expansion as set forth in Exhibit B- 1 ( the" Initial Capacitv Allocations").
4. Restrictions on Reliance or Use of Sewer Allocation bv DEVELOPERS: Other Restrictions. Notwithstanding anything to the contrary contained herein, the following shall apply to restrict DEVELOPERS' reliance upon or use of its Sewer Allocation ( defined below):
a. No DEVELOPER shall" rel ( defined below) upon its Initial Capacity Allocation or Reserved Capacity Allocation ( defined in Section 7. a) ( collectively, the " Sewer Allocation") unless and until such DEVELOPER has ( i) obtained fee titie to land for all ponds, spra elds and related infrastructure ( or other alternative methods of disposal approved by the CITY and the Regiona! Board) necessary to use such capacity ( collectively, the " Disposal Infrastructure"), ii) provided CITY with secured funding for construction of Disposal Infrastructure in the form of designated cash on deposit with CITY, security bond, letter of credit, or speci cally designated Land Based Financing ( defined below) containing a disbursal mechanism in favor of, and as approved by, CITY, ( iii) offered the Disposal Infrastructure to CITY for dedication ( with conditional right of reversion) and ( iv) secured administrative design approval from the CITY and Regional Board for the design of Disposal Infrastructure ( with items ( i) through ( iv) referred to herein, collectively, as the " Reliance Reauirements"). As used herein, " rel shall mean the ability to rely upon the availability of such capacity for CITY approval of final maps. b. No DEVELOPER shall be entitled to use its Sewer A1location ( e.g. for CITY approval of building permits) unless and until such DEVELOPER has ( i) completed construction of the Disposal Infrastructure, ( ii) issued to CITY as- built drawings documenting the completed Disposal Infrastructure and( iii) incorporated the Disposal Infrastructure into the City' s Wastewater Discharge Permit by obtaining Regional Board approval of (Y) a completion report for added storage and disposal and ( Z) an increase in disposal capacity for CITY'S combined treatment facility( collectively, " Use Reauirements").
c. Noiwithstanding anything to the contrary set forth in this Agreement, DEVELOPER compliance with any provisions herein regarding Disposal Infrastructure is subject to the terms of any DEVELOPER' S Development Agreement with C1TY, the terms of which Development Agreement( s) shall control with respect to compliance with Disposal Infrastructure.
Z
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d. The terms of this f greement and any transfer of Sewer Ailocations to DEVELOPERS or third parties under this Agreement are exempt from the City's Wastewater Treatment Capacity Policy approved by the City Council on May 4, 2015 by Resolution No. 15- 3913 ( the " Transfer Policv"); provided, however, that no transfer to a DEVELOPER or a third party shall be effective unless and until such DEVELOPER or third party has provided to CITY the information required in Schedule 3 attached hereto (" Transfer Information") for CITY approval, which shall not be unreasonably withheld, conditioned or delayed. e. Notwithsfanding anything to the contrary contained herein, including without limitation the provisions of Sections 7 and 9, no DEVELOPER' S Sewer Allocation may be taken away from such DEVELOPER if such DEVELOPER has satisfied a11 Reliance Requirements for its Sewer Allocation.
f. DEVELOPERS acknowledge and understand that DEVELOPERS cannot use their Sewer Capacity until ( i) final completion and CITY acceptance of.the Phase 2 Expansion and ii) final signoff of the completed Phase 2 Expansion by the Regional Board.
5. Standby Charges.
a. CITY shall provide notice to all DEVELOPERS when CITY begins receiving invoices from Veolia Water West Operating Senrices, Inc. ("Veolia") for maintenance of the Phase 2 Expansion ( the " Standbv Charqe Notification"). DEVELOPERS' obligation to pay Standby Charges commences upon receipt of the Standby Charge Notification ( the " Standbv Triaqer Date"). The Standby Charge Notification shall include an invoice detailing the Standby Charges that are due from each DEVELOPER. The CITY shall calculate the annual charge per gallon of capacity in accordance with Exhibit B- 2, which charge will escalate annually at the same rate set forth in the CITY' S separate written agreement with Veolia, which escalation shall not exceed the Consumer Price Index for all urban consumers for the Los Angeles Standard Metropolitan Statistical Area as published by the Bureau of Labor Statistics of the U. S. Department of Labor the" Escalation"), unless otherwise agreed by the parties, in writing. b. DEVELOPERS shall pay the applicable Standby Charges not later than thirty( 30) days after receipt of the Standby Charge Notification. CITY shall provide annual Standby Charge Notifications to each DEVELOPER for future Standby Charges by July 31 S of each year. Annual standby charges are due thirty (30) days after receipt of invoice. Nofinrithstanding the foregoing, and except with respect to charges by Veolia that have been incorporated into the construction budget for the Phase 2 Expansion, in no event shall DEVELOPERS be responsible for Standby Charges unless the Completion Requirements ( defined in Section 6( c)) have been satisfied. c. DEVELOPERS are responsible for paying Standby Charges for each DEVELOPER' S Sewer Allocation as illustrated in Exhibit B- 2 ( including the Escalation, the Standbv Char4es"). The Standby Charges include overcharges due to the higher operational costs associated with a wastewater treatment plant that is larger than currently needed(" Standbv Overcharaes"), also as illustrated in Exhibit B- 2.
d. The parties acknowledge that DEVELOPERS' obligation to pay Standby Charges shall terminate as sewer capacity in the Phase 2 Expansion is used. On or about May 1St of year, the CIT1' shall check the termination date for Standby Charges in the following manner:
i. CITY shall determine the total number of gallons of sewer capacity assigned to rate payers. Solely for purposes of determining the termination date for Standby Charges, each EDU ( equivalent dwelling unit) shall be considered to be assigned 260 gallons per day ("g
d") of capacity ( the " Used Sewer Capacitv"). CITY shall provide a copy of the CIIY'S Used Sewer Capacity determination within thirty( 30) days after CITY finalizes the determination. ii. If CITY determines through its calculation in subsection ( i) above that the total gallons of Used Sewer Capacity has met or exceeded the " Threshold of Flow From New 3 264
Users at Which Standby Charge is No Longer Needed" as shown on Exhibit B- 2, DEVELOPERS' obligation to pay Standby Charges shall terminate and no additional Standby Charges shall be due for any subsequent year. CITY shall provide written notice to DEVELOPERS at the time that DEVELOPERS' obligation to pay Standby Charges ceases.
iii. Subject to the foregoing provisions regarding termination of the obligation to pay Standby Charges, DEVELOPERS shall remain responsible for Standby Charges for any Sewer Allocation applicable to such DEVELOPERS unless and until a DEVELOPER transfers aA or a portion of its Allocation with the corresponding obligation to pay Standby Charges, and such transfer has been accepted by CITY in accordance with the provisions of Section 4.d. e. Subject to the provisions of Section 4.f., so long as DEVELOPERS have satisfied Use Requirements for their Sewer Allocation, DEVELOPERS may commence using their Sewer Allocation from and after the Standby Trigger Date.
6. Developer Funding of Phase 2 Expansion.
a. Funded and Unfunded Expansion Costs. Each DEVELOPER'S proportional share of Funded Expansion Costs paid to date and the portion of Expansion Costs that has not yet been funded (" Unfunded Expansion Costs") are set forth in Exhibit A based upon the percentages set forth therein. Except as set forth below, each DEVELOPER shall pay its applicable share of Unfunded Expansion Costs on the Effective Date. Notwithstanding the foregoing, the parties acknowledge that LMI is owed Oversizing Reimbursements ( defined in Section 8( c)) that exceed LMI' s portion of Unfunded Expansion Costs( the" LMI Share"). As a result, ( i) LMI is not obligated to pay the LMf Share on the Effective Date, and ( ii) CITY shall reduce the Oversizing Reimbursements that are due LMI by the amount of the LMI Share when CITY pays Oversizing Reimbursements to applicable DEVELOPERS under Section 8. b. Use of Continaency; Cost Overruns.
i. Subject to the terms below, the parties agree that the CITY may use the Contingency for any cost overruns for the Phase 2 Expansion without obtaining the prior approval of DEVELOPERS. Nofinrithstanding the foregoing, during construction, CITY shall provide DEVELOPERS with written monthly construction updates (" Construction Updates"), which Construction Updates shall include an updated completion schedule, a listing of costs incurred to date based upon invoices received by the end of the previous month, copies of all changes orders executed during the applicable month and notification of any pending or anticipated change orders, and other information as reasonably requested by DEVELOPERS. CITY shall endeavor to provide the Construction Updates to DEVELOPERS not later than the 21St of each month, for work completed during the previous month.
ii. If CITY exhausts the Contingency and CITY reasonably believes that it must incur costs in excess of the Contingency to complete the Phase 2 Expansion (" Excess Costs"), CITY shall promptly notify DEVELOPERS of such Excess Costs from time to time, as needed. Subject to Section 6. b. iii, CITY must obtain DEVELOPERS' prior written approval prior to incurring the Excess Costs, which shall be provided, if at all, not later than ten ( 10) business days after receipt of CITY' S notice of Excess Costs together with appropriate backup documentation.
iii. Notwithstanding the foregoing, if CITY and RID agree to the Excess Costs, A) CITY shall notify all DEVELOPERS of such agreement (" Notice of Approval of Excess Costs"), ( B) CITY may proceed with the work, and( C) all DEVELOPERS shall pay their respective share of the Excess Costs within ten ( 10) business days after receipt of the Notice of Approval of Excess Costs.
iv. If any DEVELOPER fails to contribute its share of Excess Costs within ten 10) business days after receipt of the Notice of Approval of Excess Costs, then ( Y) the 4 265
contributing DEVELOPERS shall pay the non- contributing DEVELOPER' S portion of Excess Costs, on a pro rata basis, and ( Z) such non- contributing DEVELOPER' S Sewer Allocation shall be reduced and allocated to the contributing DEVELOPERS on a pro rata basis. c. Final AccountinQ.
i. CITY shall provide a draft final accounting of all construction costs incuRed by CITY in connection with the Phase 2 Expansion ( the " Final Accountinq") to DEVELOPERS not later than 90 days after( A) final completion and CITY acceptance of the Phase 2 Expansion and ( B) final signoff of the completed Phase 2 Expansion by the Regional Board ( collectively, Comaletion Reauirements"). CITY shall request written confirmation of receipt of the Final Accounting from each DEVELOPER ( whether through confirmation of overnight courier delivery, return receipt request, or other method). The parties acknowledge that the Final Accounting may include Excess Costs in addition to those addressed during construction pursuant to Section 6. b. ii. Each DEVELOPER shall have the right to review and approve the Final Accounting, which review and approval shall be provided, if at all, within 10 business days after DEVELOPERS' receipt of the Final Accounting. If any DEVELOPER has not timely provided its written approval or comments, if any, then such DEVELOPER shall be deemed to have approved the Final Accounting. Subject to the foregoing, CITY and DEVELOPERS will work together to resolve any questions raised regarding the draft Final Accounting prior to it becoming final. iii. If all DEVELOPERS approve the Final Accounting OR if all DEVELOPERS do not approve the Final Accounting but CITY and RID agree to the Final Accounting, ( A) CITY shall notify all DEVELOPERS of such agreement (" Notice of Approval of Final Accountina") and ( B) all DEVELOPERS shall pay their respective share of any Excess Costs as set forth in the Final Accounting within thirly( 30) days after receipt of the Notice of Approval of Fina1 Accounting.
The Notice of Approval of Final Accounting shall attach the approved Final Accounting, the parties' final allocations of the Expansion Costs in accordance with the provisions of this Section 6, and the final Reserved Capacity Overpayment ( defined in Section 7. b) applicable to each DEVELOPER.
iv. If any DEVELOPER fails to contribute its share of Excess Costs set forth in the Final Accounting within thirty ( 30) days after receipt of the Notice of Approval of Final Accounting, then ( Y) the contributing DEVELOPERS shall pay the non- contributing DEVELOPER' S portion of Excess Costs, on a pro rata basis, and ( Z) such non- contributing DEVELOPER' S Sewer Allocation shall be reduced and allocated to the contributing DEVELOPERS on a pro rata basis.
v. To the extent that the approved Final Accounting illustrates cost savings e.g. the Phase 2 Expansion was constructed for less than the Expansion Costs contributed by DEVELOPERS, including any savings of Contingency amounts contributed by DEVELOPERS), the CITY shall reimburse to each DEVELOPER its pro rata share of such cost savings within thirty 30) days after CITY' S issuance of the Notice of Approval of Final Accounting.
7. Reserved Capacitv.
a. The parties acknowledge that a portion of the Unfunded Expansion Costs includes the cost of the 0. 4 MGD oversized sewer capacity that is not currently needed by each DEVELOPER and CITY( the" Reserved Capacitv"). Exhibit C- 1 attached hereto illustrates each DEVELOPER' S allocation of the Reserved Capacity(" Reserved Capacitv Allocation"). Exhibit C=2 attached hereto illustrates the overpayment by each DEVELOPER applicable to each DEVELOPER' S Reserved Capacity Allocation ( the" Reserved Caaacitv Ovemavment"). b. Each DEVELOPER understands and agrees that its Reserved Capacity Allocation will not be deemed allocated to such DEVELOPER until such DEVELOPER can demonstrate to CITY that it needs the Reserved Capacity( a) over the next five( 5) years if the Phase 2 Expansion 5 266
construction has not yet been substantially completed or( b) over the next 3.5 years if the Phase 2 Expansion construction is substantially complete (" Demonstration of Need"). The Demonstration of Need shall illustrate DEVELOPER' S then- current projections of its development and sewer capacity requirements and shall include appropriate backup documentation and other information as reasonably requested by CITY. Upon receipt and approval by CITY of the Demonstration of Need, such DEVELOPER' S portion of Reserved Capacity shall be deemed perfected and allocated to such DEVELOPER, subject to the provisions regarding Use Determinations and Reliance Requirements as set forth herein. Any DEVELOPER that has not yet provided a Demonstration of Need for its allocation of Reserved Capacity is defined as an Unperfected Developer." The date that when all Reserved Capacity has been perfected or sold, as applicable, is defined as the" Reserved Capacitv Exhaustion Date." c. If the CITY or any DEVELOPER that has perfected its right to Reserved Capacity each, a ° Perfected Developer") determines that it needs additional sewer capacity from unperfected Reserve Capacity, CITY or the Perfected Developer(s) may send a notice ( the Reserved Capacitv Request") to all DEVELOPERS. Perfected Developers must provide CIT1( with a copy of all Reserved Capacity Requests by Perfected Developers. Any Reserved Capacity Request from a Perfected Developer must include a Demonstration of Need for the additional portion of Reserved Capacity being requested. If any Unperfected Developer cannot provide an acceptable Demonstration of Need to CITY within thirty ( 30) days after receipt of the Reserved Capacity Request, and subject to the payment provisions below, CITY shall sell the requested portions of Reserved Capacity to ( i) the Perfected Developer that made the Reserved Capacity Request or ( ii) third parties or CITY, as applicable, if the CITY issued the Reserved Capacity Request. These sales of Reserved Capacity shall reduce the remaining allocations of Reserved Capacity from Unperfected Developers on a pro rata basis. d. The purchase price for the Reserved Capacity shall be equal to ( a) the Developer Reimbursement ( defined beiow) applicable to the Reserved Capacity being purchased plus c) simple interest at the lesser of 10% per annum or the highest rate permitted by law(" Interest"), accruing on the date that the applicable DEVELOPER funded its share of Expansion Costs (the Interest Commencement Date").
e. As used herein, the term " Developer Reimbursement° means the Reserved Capacity Overpayment and Standby Overcharges applicable to the portion of Reserved Capacity being sold from that DEVELOPER' S allocation of Reserved Capacity. An example of the Developer Reimbursement is attached hereto as Exhibit D. The City is responsible for collecting the Developer Reimbursement from the purchase, and paying the Developer Reimbursement to the selling DEVELOPERS, not later than thirty( 30) days after the Reserved Capacity is purchased by CITY, a third party or PerFected Developer.
f. Subject to the provisions of Section 4.e., any DEVELOPER'S Reserved Capacity Allocation, even if perfected, is subject to the Use Determination provisions of Section 9.
8. Previous Oversizinq; Oversizinq Overpavments.
a. Separate and distinct from the Reserved Capacity, under the terms of previous Funding Agreements for the construction of 0. 75 MGD, certain DEVELOPERS have paid for oversizing of the existing LCTF ( the " 0. 75 MGD Oversizinq Overpavments"). These funding DEVELOPERS are due reimbursement for the 0.75 MGD Oversizing Overpayments at the time the oversized capacity is needed by other developers ( the " 0.75 MGD Oversizinq Reimbursement"). Attached hereto as Exhibit E- 1 is a table that sets forth ( i) the identity of the DEVELOPERS that have paid 0. 75 MGD Oversizing Overpayments, ( ii) the amounY of the 0. 75 MGD Oversizing Overpayments, ( iii) the applicable 0.75 MGD Oversizing Reimbursement that is due to each of the funding DEVELOPERS and ( iv) the DEVELOPERS that are obligated to pay the 0. 75 MGD Oversizing Reimbursement( the" 0. 75 MGD Reimbursinq Developers"). The 0. 75 6 267
MGD Reimbursing Developers shall pay the applicable 0.75 MGD Oversizing Reimbursement to CITY on the Effective Date, and the CITY shall pay the applicable 0. 75 MGD Oversizing Reimbursement to the applicable funding DEVELOPERS not later than thirty ( 30) days after the receipt of such funds.
b. Separate and distinct from the Reserved Capacity and the 0. 75 MGD Oversizing Overpayments, under the terms of previous Funding Agreements for the construction of 0.25 MGD, certain DEVELOPERS have paid for oversizing of the existing LCTF ( the " 0. 25 MGD Oversizinp Overt avments"}. These funding DEVELOPERS are due reimbursement for the 0. 25 MGD Oversizing Overpayments at the time the oversized capacity is needed by other developers the" 0. 25 MGD Oversizinq Reimbursement"). Exhibit E- 2 identifies( i) DEVELOPERS that have paid 0. 25 MGD Oversizing Overpayments, ( ii) the amount of the 0.25 MGD Oversizing Overpayments, ( iii) the applicable 0. 25 MGD Oversizing Reimbursement that is due to each of the funding DEVELOPERS and ( iv) the DEVELOPERS that are obligated to pay the 0. 25 MGD Oversizing Reimbur,sement ( the " 0. 25 MGD ReimbursinA Developers"). The 0. 25 MGD Reimbursing Developers shall pay the applicable 0. 25 MGD Oversizing Reimbursement to CITY on the Effective Date, and the CITY shall pay the applicable 0.25 MGD Oversizing Reimbursement to the applicable funding DEVELOPERS not later than thirty (30) days after the receipt of such funds.
c. The 0. 75 MGD Oversizing Reimbursement and the 0. 25 MGD Oversizing Reimbursement are referred to herein, collectively, as the" Oversizinp Reimbursements"
9. Use Determinations.
a. Unused Capacity. The terms of this Section 9 shall apply if any DEVELOPER has failed to satisfy Reliance Requirements for such DEVELOPER'S Sewer Allocation by the last to occur of the Standby Trigger Date and Reserved Capacity Exhaustion Date .( the " Use Determination TriQaer Date"). The portion of a DEVELOPER' S Sewer Allocation as to which such DEVELOPER has not satisfied Reliance Requirements is defined as" Unused Capacitv." b. Unused Capacity Use Determinations.
i) From and after the Use Determination Trigger Date, and upon thirty ( 30) days' prior written notice to all parties, any DEVELOPER may request (a " Use Determination Reauest") that CITY determine whether any DEVELOPER has failed to satisfy Reliance Requirements for its Sewer Allocation (" Use Determination"). CITY may also independently initiate a Use Determination upon written notice to all pa ties. The parties acknowledge that there may be multiple Use Determination Requests by individual DEVELOPERS. ii) Any Use Determination Request must ( A) describe the Sewer Allocation desired by the requesting DEVELOPER ( the " Requested Allocation") and ( B) be accompanied by a Demonstration of Need and proof that the requesting DEVELOPER can satisfy Reliance Requirements for the Requested Allocation.
iii) Within 30 days after receipt of a Use Determination Request ( or initiation of the Use Determination by CITY, as applicable), CITY shall issue a draft summary of Unused Capacity (the "Unused Capacitv SummarW') listing the affected DEVELOPERS and applicable Unused Capacity.
iv) Affected DEVELOPERS must respond with any clarifications or objections to the Unused Capacity Summary within 15 days after receipt. If affected DEVELOPERS fail to respond, they will be deemed to have approved the Unused Capacity Summary. v) The final Unused Capacity Summary shall constitute the final " Use Determination" and shall be issued by CITY not later than 15 days after receipt of any objections or clarifications.
7 268
vi) Non- compliant DEVELOPERS shall have thirty ( 30) days after receipt of the finai Use Determination ( the " Use Determination Cure Period") in which to satisfy Reliance Requirements for their Unused Capacity.
vii) If any non-compliant DEVELOPER fails to satisfy Reliance Requirements within the Use Determination Cure Period, then CITY shall notify the parties of such failure and the requesting DEVEL4PER( S) ( or CITY, if CITY initiated the Use Determination) may purchase the Requested Capacity, up to the amount set forth in the Use Determination. The requesting DEVELOPER( S) ( or CITY, as applicable) must purchase the Requested Capacity not later than thirty( 30) days after expiration of the Use Determination Cure Period by depositing the applicable purchase price with CITY as set forth below; otherwise, the right to purchase shall expire and be of no further force and effect. The CITY shaA identify and sell Unused Capacity on a pro-rata basis from all DEVELOPERS with Unused Capacity, so that Unused Capacity is not taken from just one DEVELOPER. If multiple DEVELOPERS have made Use Determination Requests and there is insufficient Unused Capacity to satisfy all Requested Allocations, the CITY shall allocate Unused Capacity on a pro rata basis ( based upon all non- compliant DEVELOPERS' Unused Capacity) to requesting DEVELOPERS or CITY, as applicable. viii) The purchase price for Unused Capacity shall equal the Developer Reimbursement applicable to the Unused Capacity plus Interest commencing on the Interest Commencement Date. CITY shall permit DEVELOPERS selling Unused Capacity to participate in the next expansion of the LCTF to the extent of the Unused Capacity sold by such DEVELOPER.
10. Land Based Financina. Any DEVELOPER may petition the CITY to use community facilities district or other land based financing (" Land Based Financinca") to pay its share of Expansion Costs. If the use of Land Based Financing is approved by CITY, then such DEVELOPER' S share of Expansion Costs and any other amounts paid by such DEVELOPER pursuant to applicable Funding Agreements may be reimbursable from proceeds of Land Based Financing. The ClTY shall adopt a reimbursement resolution to such effect concurrently with the approval of this Agreement; provided, however, that CITY' S adoption of such a reimbursement resolution does not obligate CITY to issue bonds or act as the lead agency with respect to such Land Based Financing.
11. Default.
a. If any party materially breaches or fails to comply with any of its obligations under this Agreement, such breaching pa ty shall have thirty( 30) days after receipt of written notice of breach from a non- defaulting party( the" Breach Notice") to cure such breach or noncompliance as such period may be extended as set forth below, the" Cure Period"). If such breaching party does not cure such breach or noncompliance within the Cure Period, it shall be deemed in default DefaulY') under this Agreement; provided, however, that if the nature of the breach or noncompliance reasonably requires more than thirty ( 30) days to cure, the breaching party shall not be in Default under this Agreement so long as the breaching party commences such cure within the Cure Period and diligently prosecutes such cure, and provided further that the Breach Notice shall set forth in reasonable detail the nature of the breach, noncompliance or default, as the case may be. The party sending the Breach Notice shall provide a copy to all parties hereunder.
b. Subject to the provisions of Section 11( c) below, upon a Default pursuant to Section 11( a), the parties shall first mediate the dispute in good faith using a mutually acceptable mediato, which mediation shall be scheduled and concluded not later than 60 days after expiration of the Cure Period. The mediation shall be conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect.
Claims, controversies or disputes not resolved by mediation shall be decided by binding arbitration 8 269
unless the parties mutually agree othe wise. Arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect.
The demand for arbitration shall be filed in writing with the other parties to this Agreement and the American Arbitration Association. Notwithstanding the foregoing, any party may seek injuncfive or other immediate equitable relief, if applicable, in a court of law, pending resolution of the dispute through mediation or arbitration.
c. Notwithstanding the foregoing, in the event of a payment default hereunder that is not cured within ten( 10) business days after any DEVELOPER' S receipt of a Breach Notice from CITY, ( i) CITY may immediately suspend such DEVELOPER' S ability to use its Capacity Allocation and ( ii) CITY may sell such DEVELOPER' S Capacity Allocation on a pro rata basis to the other DEVELOPERS for the purchase price illustrated in Section 9. b.
12. Counteraarts. This Agreement may be executed in counterparts, including electronic( pd and facsimile counterparts, each of which shall be considered an original and all of which together shall be considered the same document.
13. Advice of Counsel. Each of the parties has received the advice of legal counsel prior to signing this Agreement. Each party acknowledges no other party or agent or attomey has made a promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce another party to execute this Agreement. The parties agree no provision or provisions may be subject to any rules of construction based upon any party being considered the party drafting this Agreement.
14. Governing Law. The validity, interpretation and effect of this Agreement are governed by and shafl be construed in accordance with the laws of the State of Califomia.
15. Severabilitv. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable but the remainder of the Agreement can be enforced without failure of material consideration to any party, then this Agreement shall not be affected and it shall remain in full force and effect. If, however, the invalidity or unenforceability of any provision of this Agreement results in a material failure of consideration, all parties shall meet and negotiate in good faith not less frequently than every ten ( 10) days and formulate new terms that substitute the stricken clause with other provisions that provide substantially similar terms as the stricken clause. If the parties are unable to agree, then the parties shall resolve the issues through mediation as set forth in Section 11. b.
16. Authorization. Without any personal liability therefor, each person executing this Agreement on behalf of the applicable party hereto warrants that (i) such party is duly organized and existing, ( ii) such person has been duly authorized to execute and deliver this Agreement on behalf of the applicable party, ( iii) the execution of this Agreement by such person shall bind the applicable party to the terms of this Agreement, and ( iv) to such person' s knowledge, the execution of this Agreement does not violate any agreement as to which such party is bound.
CITY represents and warrants that CITY has obtained any necessary approvals to execute this Agreement and be bound by fhe terms hereof.
17. Other Agreements Not Affected. This Agreement constitutes the entire agreement befinreen the parties hereto with respect to the Phase 2 Expansion and supersedes all prior understandings or agreements with respect to the subject matter hereof; provided, however, that this Agreement does not supersede, amend, nor replace any prior written agreement relating to any matter other than with respect to the matters expressly set forth in this Agreement relating to this specific Phase 2 Expansian project such as, without limitation, the parties' separate Consortium Agreement, as amended from time to time, and the Conditional Will Serve Agreement for Wastewater between CITY and Saybrook dated August 19, 2013. This Agreement may be modified only by specific reference describing a mutual intent and agreement to amend this Agreement in written documents signed by all parties hereto. 9 270
18. Greenlighting Future Expansions. Nothing herein supersedes, amends or replaces any prior written agreement with respect to the DEVELOPERS' ability to " greenlighY' future expansions in accordance with the parties' other written agreements regarding "greenlighting."
19. Notices. All notices which are allowed or required to be given hereunder shall be in writing and ( i) shall be deemed given and received when personally delivered or (ii) shall be deemed given when the same are deposited in the United States Mail, with sufficient postage prepaid, to be sent by registered or certified mail or overnight mail service, addressed to the designated person. by one party to another in writing, and shall be deemed received on the fourth business day after such mailing. Any notice shall be given to all of the following:
CITY RID LMI
City of Lathrop River Islands Development, Lathrop Mossdale Investors 390 Towne Centre Drive LLC LP
Lathrop, CA 95330 73 West Stewart Road 675 Hartz Avenue Attn: City Manager Lathrop, CA 95330 Danville, CA 94526 With a copy to:
Attn: Susan Dell' Osso Attn: Jeff Abramson and Lori
City of Lathrop
With a copy to:
Waltzer
390 Towne Gentre Drive River Islands Development,
Lathrop, CA 95330 LLC
Attn: City Attomey 2999 Oak Road, Suite 400
Walnut Creek, CA 94597
Attn: Lisa Freilicher, Esq.
RDI SAYBROOK
Richland Developers, Inc. Saybrook CLSP, LLC
3161 Michelson Drive, Suite 303 Twin Dolphin Drive
425 Suite 600
Irvine, CA 92612 Redwood Shores, CA 94065
Attn: General Counsel Attn: Jeff Wilson
With a
copy to: With a copy to:
Richland Developers, Inc. Best and Krieger
3000 Lava Ridge Court, Suite 300 South Grand Avenue,
115 25' Floor
Roseville, CA 95661 Los Angeles, CA 90071
Attn: Clifton Taylor Attn: Seth Merewitz, Esq.
20. Further Assurances. The parties agree to pertorm such further acts and to execute and deliver such further instruments as are reasonably necessary to accomplish the intent and purpose of this Agreement.
21. Assiqnment and Transfer. This Agreement shall inure to the benefit of and bind the successors and permitted assigns of the parties. Except for an assignment to an Affiliate( defined below) of a DEVELOPER, no DEVELOPER may assign this Agreement without the priar written consent of CIT1', which shall not be unreasonably withheld, conditioned. or delayed. Without limiting the foregoing, prior to any DEVELOPER assignment, (i) the assigning DEVELOPER shall notify all pa ties of the proposed assignment and provide reasonable information to the parties regarding the proposed assignee and (ii) any potential assignee must reasonably demonstrate to the CITY' s satisfaction that the proposed assignee has the financial ability and experience to fu ill the assigning DEVELOPER'S obligations under this Agreement. Any DEVELOPER may assign this Agreement to an Affiliate, with notice to the other parties hereto. As used herein, the term Affiliate" means any person, entity or organization as to which any DEVELOPER has a controlling 10 271
interest. As used herein, " controlling interest" means the right to control the management decisions of such person or entity, whether by contract or otherwise.
22. Time of the Essence. Time is of the essence of this Agreement.
23. Construction. All parties have been represented by counsel in the preparation of this Agreement and no presumption or rule that ambiguity shall be construed against a drafting party shall apply to interpretation or enforcement hereof. Captions on sections and subsections are provided for convenience only and shall not be deemed to limit, amend or affect the meaning of the provision( s) to which they pertain.
24. No Joint Uenture or Partnership. Nothing in this Agreement or in any document executed in connection with this Agreement shall be construed as creating a joint venture, partnership, or any agency relationship between CITY and a DEVELOPER or all DEVELOPERS. CITY shall have no responsibility for Disposal Infrastructure or any other public improvements unless and until accepted by CITY.
25. Waiver. No waiver of any provision of this Agreement shall be effective unless such waiver is in writing and signed by a duly authorized representative of the party against whom enforcemen is sought.
26. Table of Exhibits. The following exhibits are attached hereto and made a part hereof:
Exhibit A: Funded and Unfunded Expansion Costs
Exhibit B- 1: Initial Capacity Allocations
Exhibit B- 2: Standby Charges
Exhibit C- 1: Developer Allocations of Reserved Capacity Exhibit C-2: Resenred Capacity Overpayment
Exhibit D: Developer Reimbursement
Exhibit E- 1: Oversizing Overpayments ( 0. 75 MGD)
Exhibit E- 2: Oversizing Overpayments (0.25 MGD)
Schedule 1: Funding Agreements
Schedule 2: Withdrawn Developers
Schedule 3: Transfer Information
SIGNATURES ON THE FOLLOWlNG PAGE]
11 272
SIGNATURE PAGE TO CONSTRUCTION FUNDING AGREEMENT]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
CITY RID
C{TY OF LATHROP RIVER ISLANDS DEVELOPMENT, LLC
a municipal corporation of fhe State of a California limited fiability company California
B By, } . K i t1---`
ame: en J. Saivatore Name: Susan Dell' Osso
Its: Manager Its: Vice President and Secretary
ATTEST:
By: yi(J LMI
Nam . Teresa Vargas
Its: City Clerk LA7HROP MOSSDALE INVESTORS LP, a
Dated: _ ' 7 California limited partnership
APPROVED AS TO FOR : By:
Name:
Its:
Salvador V. Navarrete
City Attorney
RDI SAYBROOK
RICHLAND DEVELOPERS, INC. SAYBROOK CLSP, LLC
a Delaware corporation a California limited liability company BY By: Saybrook Fund Investors, LLC
Name: its Managing Member
Its:
By:
Name: Jeffrey M. Wilson
Its: Officer
12 273
SIGNATURE PAGE TO LONSTRUCT( ON FUNDING AGREEMENT]
IN VVITNESS WHERE F; the parties have executed this Agreement as of the Effective Date.
CITY RID
CiTY OF LATHROP RIVER 15LANDS DEV LOPMENT, LLC
m micipal corporation of the State of a California limited liability company Cafifornia
By: By:
Name: Stephen J. Salvatore Name: Susan Dell' Osso
its: City Manager Its: Viee President and Secretary
ATTEST:
By: LMII
Name: Teresa Vargas
its: City Clerk LATHROP M SSDALE INVESTORS LP, a
Dated: Cpalifornia limited partnership s,,
Y' 1j"' o{' 4 i4}7 ,/ jVVi. jS - n a.
Pi+ 22T-' E:iL
APPROVED AS T4 FORM: By: '
Name: L t l-fz- Y
Its: C
Salvador V. Navarrete
City Attorney
R( YSRf30K
RICHI_AND DEVEL4PEf S; INC. SAYBROOK CLSP, LLC
a Del ware corporatic n a Califarnia limited liability company 8y: By: Saybrook Fund Investors, LLC
Name: its Managing Member
Its:
Sy:
Name: Jeffrey M. Wiison
ts: Officer
12 274
SIGNATURE PAGE TO CONSTRUCTION FUNDING AGREEMENT]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
CITY RID
CITY OF LATHROP RIVER ISLANDS DEVELOPMENT, LLC
a municipal corporation of the State of a California limited liability company California
By: sy:
Name: Stephen J. Salvatore Name: Susan Dell' Osso
Its: City Manager Its: Vice President and Secretary
ATTEST:
gy: LMI
Name: Teresa Vargas
Its: City Clerk LATHROP MOSSDALE INVESTORS LP, a
Dated: California limited partnership
APPROVED AS TO FORM: By:
Name:
Its:
Salvador V. Navarrete
City Attorney
RDI SAYBROOK
RICHLAND DEVELOPERS, INC. SAYBROOK CLSP, LLC
a Delaware corporation a California limited liability company gy: By: Saybrook Fund Investors, LLC
Name: its Managing Member
Its:
By:
Name: Jeff ey M. Wilson
Its: Officer
12 275
SIGNATURE PAt3E TO CONSTRUCTION FUNDlNG AGREEMENT]
IN WITtNESS WNEREOF, the partie8 have executed thie Age+eement as of the Eifec ive Date.
CtTY OF LATHROP RNER ISLANDS DEVELOPMENT LLC
a munictpal corporation af the State of a Califomia Nmited I bi iy company Califomta
B!: By:
tVame: stepn. i. sanratore Plame: suaan' oeso
tts: City Manager Its: Vic:e President and 3ecretary
ATTEST:
By: 11
Name: Teresa Var as
Ite: City Cle lc LATHROP AAOS3DALE INUE3TORS LP; a
Dated: C iF rtia Ymi ed partnership
APPROYED AS TO FORM: 8 r
Neme:
its:
Satvador V. Navarette
CiIY p ttomeY
AYBRdOK
RICHLAND DEVELOPERS 1NC. SAYBROOK CL8P LLC
e Delewsre c orporation a Ca fom(a Ifmited tdebilit r oompartiy By. ey:
IVsme: Name: . leifwason
lis: t....=a,.._ its: Co-Mana inp Member
s
276
EXHIBIT A
Funded and Unfunded Expansion Costs
See Attached)
13 277
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EXHIBIT B- 1
lnitial Capacity Allocations
See Attached)
14 279
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Standby Charges
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EXHIBIT C- 1
Developer Allocations of Reserved Capacity
See Attached)
16 285
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286
EXHIBIT C-2
Reserved Capacity Overpayment
See Attached)
17 287
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288
EXHIBIT D
Developer Reimbursement
See Attached)
18 289
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EXHIBIT E- 1
Oversizing Overpayments ( 0. 75 MGD)
See Attached)
19 291
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EXHIBIT E-2
Oversizing Overpayments (0.25 MGD)
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20 293
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SCHEDULE1
Funding Agreements
1) Funding Agreement between City of Lathrop and Jass Sangha dated March 17, 2015 2) Funding Agreement between City of Lathrop and David Lazares and Cynthia Lazares Trust dated March 17, 2015
3) Funding Agreement between City of Lathrop and Richland Developers, Inc. dated March 19, 2015, as amended by Amendment to the Funding Agreement dated March 10, 2016, as revised by that certain Partia) Assignment befinreen Richland Developers, Inc. to Richland Communities, Inc. dated March 10, 2016
4) Funding Agreement befinreen City of Lathrop and River Islands Development, LLC dated March 20, 2015, as amended by Amendment to the Funding Agreement dated March 10, 2016
5) Funding Agreement between City of Lathrop and Lathrop Mossdale Investors LP dated March 20, 2015, as amended by Amendment to the Funding Agreement dated March 10, 2016
6) Funding Agreement between City of Lathrop and Ramona Chace, LLC dated March 20, 2015
21 295
SCHEDULE 2
Withdrawn Developers
Lathrop Gateway Business Park
Ramona/ Chase/ Pegasus
Jass Sangha
Richland Communities, Inc., a Florida corporation
22 296
SCHEDULE 3
Transfer Informafion
WASTEWATER CAPACITY TRANSFER CRITERIA
Any Developer or third party who has acquired wasfewater capacity under this Agreement and who wishes to transfer some or all of its wastewater capacity shall apply for the transfer through the City' s Public Works Director. The application shall include the following information and be submitted with the requisite fee( s):
1. Name of transferor and proposed transferee.
2. Address and/ or APN of the parcel( s) to benefit from the transfer.
3. The number of Equivalent Capacity Units ( ECU' s) or Interceptor System Units ( ISU' s) needed.
4. A description of the proposed development in sufficient detail to identify the patential impacts and benefits of the proposed development.
5. A letter from the purchaser committing to obtain a building permit, parcel map or final map with one year from City approval of the transfer, or to sell the units back to the City at the end of one year unless. Council approves an altemative time limit. The repurchase price shall be the same as the cost paid by the transferee at the time the transfer took place, less the City' s administrative fee.
6. An application fee to cover the cost of staff efforts, including the preparation of staff reports for Council action and a ten percent( 10%) deposit toward the cost of the units.
7. An acknowledgement that it is the purchaser' s responsibility to provide any sewer line extensions and related facilities necessary to utilize the ECU' s or ISU' s.
The City's Public Works Director shall consider the following factors in approving or denying a transfer request:
1. Is the request consistent with the City' s General Plan?
2. Is the request consistent with the City's Sewer Master Plan?
3. Is the request consistent with the City's Zoning Ordinance?
4. Is the request consistent with any other applicable local, state or federal laws, regulations or ordinances?
Upon receipt of a written reque§t and payment of the appropriate fee(s), the City Engineer will prepare a report for City Council consideration and action. The City Council may approve the request and authorize the City Manager to execute an agreement approved by the City Attomey with the applicant, or deny the request based on the foregoing factors. If the City Council approves a transfer of ECU' s or ISU' s from one parcel( s) to a different parcel( s), the applicant shall pay all costs to prepare and record an agreement( s) for the transfer. The agreement( s) will be recorded and advise future property owners of the transfer and limitations on future development.
23 297
EXHIBIT " "
Doc q: 2018- 047863
05/ 01/ 2018 08: 45: 03 AM
I Page: 1 of 22 Fee: $ 0
Steve J. Bestolarides
San Joaquin County Recorders RECORDING REOUESTED BY, AND I Paid By: SHOWN ON DOCUMENT i WHEN RECORDED MAIL TO:
i IIII EI 7'', I Ir l'. y II(I( I
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
SPACE ABOVE THIS LINE FOR RECORDER' S USE
TRANSFER AGREEMENT RELATING TO DEVELOPMENT
AGREEMENT
BETWEEN SOUTH LATHROP LAND, LLC., AND
RICHLAND DEVELOPERS INC., FOR
THE SOUTH LATHROP SPECIFIC PLAN DEVELOPER
AGREEMENT, DATED AUGUST 3, 2015, RECORDED ON
SEPTEMBER 5, 2015, ( INSTRUMENT NO. 2015- 106926)
ADOPTED BY CITY OF LATHROP ORDINANCE NO. 18- 390
298
RECORDING REQUESTED BY:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Space Above Line For Recorder' s Use Only)
TRA.NSFER AGREEMENT R LATING TO DEVELOPMENT AGREEMENT
This Transfer Agreement Relating To Development Agreement (" Transfer Agreement") is made this day of March, 2018, by SOUTH LATHROP LAND, L.L.C., a Delawai e limited liability company (" Assignee"), and RICHLAND DEVELOPER' S 1NC., a Delaware corporation (" Assignor") with reference to the following recitals.
RECITALS
A. Substantially concurrently with the recordation of this Transfer Agreement, Assignor has conveyed to Assignee that certain real property described in Exhibit " A" attached hereto and incorporated herein( the" Property").
B. Assignor, as " Seller" and Assignee, as " Buyer" entered into that certain Agreement of Purchase and Sale of Option and Escrow Instructions dated as of February 28, 2018 pursuant to which Assignor has agreed to transfer and assign an option to purchase the Property to Assignee, and Assignee will substantially concurrently obtain fee title( the" Purchase Agreement"). Escrow is expected to close on March 2, 2018.
C. Assignor is a party to that certain Annexation Agreement and Separate Development Agreement by and between The City of Lathrop (" City") and Richland Developers, Inc. relating to The South Lathrop Specific Plan dated August 3, 2015, which was recorded on September 2, 2015 as Instrument No. 2015- 106926( the" Development Agreement").
D. Assignor and Assignee acknowledge that the Ancillary Properties referenced in the Development Agreement were never annexed into the City, were personal to Assignor, and have been sold by Assignor.
E. Pursuant to the Purchase Agreement, Assignor desires to assign and Assignee desires to assume all of Assignor' s rights, duties and obligations under the Development Agreement.
AGREEMENT
299
NOW, THEREFORE, in consideration of the mutual covenants of the parties herein, and for good and valuable consideration, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows:
l. Incorporation of Recitals. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement in their entirety by this reference.
2. Assi, nment to and Assumption by Assig ee. Effective as of the date that Assignee acquires fee title to the Properiy, Assignor hereby sells, transfers and assigns to Assignee, and Assignee hereby expressly and unconditionally assumes all the rights, duties and obligations of Assignor under the Development Agreement, including, without limitation, all of the general rights, duties and obligations of Assignor under the Development Agreement for the development of the Property. Assignee agrees to observe and fully perform all of Assignor' s obligations under the Development Agreement, and to be subject to all the terms and conditions thereof, it being the express intention of both Assignor and Assignee that, upon execution of this Transfer Agreement, Assignee shall become substituted for Assignor as " Richland" under the Development Agreement.
Notwithstanding the foregoing, this Transfer Agreement shall not apply to, and Assignor shall retain, any and all rights in and to, any refunds, reimbursements or credits of any kind or character applicable to work performed or sums paid prior to the effective date ofthis Transfer Agreement.
3. Release of Assignor. Pursuant to Section 13. 02. 2 of the Development Agreement, Assignor shall be free from any and all liabilities accruing on or after the date hereof with respect to the Development Agreement. No breach or default under this Transfer Agreement or the Development Agreement by Assignee shall be attributed to Assignor. For purposes of this Transfer Agreement, the " Release Provisions" shall be all Rights and Obligations of Assignor under the Development Agreement that arise from and after the date that Assignee acquires fee title to the Property.
4. Assi nee' s Acknowled ment. Assignee hereby agrees and acknowledges that Assignee has had full opportunity to read and review the Development A eement and is familiar with the rights and obligations under the Development Agreement.
5. Notices. Pursuant to Section 15. 09 of the Development Agreement, from and after the date hereof, notices for Richland shall be addressed as follows:
If to RDI:
South Lathrop, LLC
527 W 7th Street, Suite 308
Los Angeles, CA 90014
Attn: Philip J. Prassas
Email: prassas[ a,chindustrial. com
With a copy to:
Barack Ferrazzano Kirschbaum& Nagelberg LLP
200 West Madison Street, Suite 3900
Chicago, Illinois 60606
Attn: Mark J. Beaubien
Facsimile: ( 312) 984- 3150
Email: mark. beaubien( u bfkn. com
6. Termination. This Transfer Agreement shall be of no force and effect unless Assignee acquires fee title to the Property on or before June 1, 2018.
7. Governing; Law. This Transfer Agreement is made and entered into in the State of California and shall be interpreted, construed and enforced in accordance with the laws of the State of California. Venue shall be in San Joaquin County.
300
8. Bindin t This Transfer Agreement shall apply to, bind, and inure to benefit of Assignor and Assignee, and their respective heirs, Iegal representatives, successors and assigns.
9. Counterparts. This Transfer Aaeement may be executed in one or more counterparts, each of which shall be an original, but all of which shail together constitute one instrument.
IN WITNESS WHEREOF, this Transfer Agreement has been executed as of the date first above written.
ASSIGNOR
RICHLAND DEVELOPERS, INC.,
a Delaware corporation
C
By:
Name: J0 C• TTOUtill
e esi en
Title:
ASSIGNEE
SOUTH LATHROP LAND, L.L.C., a Delaware limited
liability company
By: CHI West 109 South Lathrop Land, L.P.,
a Delaware limited partnership,
its managing member
By: CHI LTH GP, L.L.C., a Delaware limited
liability company, its er
By:
Nam :
Title: } g
301
CALIFOFtN1A ALL- PIJRPOSE ACKIdOWLE GINE lT CtVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
ALLI50N ADAMS
W TNESS my hand and official seal. Commission # 2143555 d Notary Public- Callfornia z
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Place Notary Sea/ Above
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Though this section is optional, compleiing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer's Name:
Corporate Officer — Title( s): Corporate Officer — Title( s):
Partner — Limited General Partner — Limited General
Individual Attorney in Fact O Individual Attorney in Fact Trustee O Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: Signer Is Representing:
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfufness> accuracy, or validity of that document.
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Commission# 2230200
MyComm. ExpiresMar2, 2022 WITNESS my hand and official seal.
Signature
Place Notary Seal and/ or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or froudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: - row. F,er e, r, v n. nDocument Date: Numberof Pages:
Signer( sJ Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
Corporate Officer— Title( s): Corporate Officer— Title( s):
Partner— Limited General Partner— Limited General
Individual Attorney in Fact Individua( Attorney in Fact o Trustee Guardian of Conservator Trustee Guardian of Conservator Other: Other:
Signer is Representing: Signer is Representing:
02017 National Notary Association
303
CITY' S CONSENT TO ASSIGN
Pursuant to Section13. 022 of the Development Agreement, the City of Lathrop hereby consents to the Transfer Agreement and acknowledges that Assignor/ Richland, having satisfied the conditions to the release set forth in Section 13. 02. 2 of the Development Agreement, shall be released from its obligations under the Development Agreement.
CITY OF LATHROP,
a California municipal law corporation
By:
Name: SO I i k/ Y/ C(fj WGt
Title: N` a U V/` W17'{
Dated:
ATTEST:
By:
eresa Vargas, City C1
Dated: I/
APPRO ED AS TO LEGAL FORM:
By:
Salvador Navarrete, City Attorney
3 _ z- 7/
Dated: