December 11, 2023 – Regular Meeting Agenda – 7:00 p.m.
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December 11, 2023 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Paul Akinjo, Vice Mayor
Minnie Diallo
Diane Lazard
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Thomas Hedegard, Deputy City Manager
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Juliana Burns, Human Resources Director
Rick Caguiat, Community Development
Director
Todd Sebastian, Parks and Recreation
Director
Stephen Sealy, Interim Chief of Police
General Order of Business
1. Preliminary
Call to Order
Closed Session
Roll Call
Invocation
Pledge of Allegiance
Announcements by Mayor/City Mgr.
Informational Items
Declaration of Conflict of Interest
2. Presentations
3. Citizen’s Forum
4. Consent Calendar
5. Scheduled Items
Public Hearings
Appeals
Referrals and Reports from
Commissions and Committees
All Other Staff Reports and/or Action
Items
Study Sessions
6. Council Communications
7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.
Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 December 11, 2023 Lathrop City Council Regular Meeting Agenda Page 1
IMPORTANT NOTICE REGARDING THIS MEETING
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1607470254?pwd=b0VOTjZ6NXM3cz NMUGh6WTN6R1lIQT09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter.
Please ensure your computer speaker and microphone are fully functional.
For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.
Meeting Webinar ID: 160 747 0254 / Passcode: 674673
If you are not able to attend the meeting in person or virtually - Public comment/questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230 Questions or comments must be submitted by 4:00 p.m., on the day of the meeting.
To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.
Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 December 11, 2023 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak.
Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.
Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 December 11, 2023 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, DECEMBER 11, 2023
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 6:45 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8
Property Address: APN 192-040-57 & 192-040-56 (Addresses Not Available)
Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Ashraf H. Ali
Under Negotiations: Price and Terms of Payment
RECONVENE
1.2.2 REPORT FROM CLOSED SESSION
1.3 ROLL CALL
1.4 INVOCATION
1.5 PLEDGE OF ALLEGIANCE
1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.7 INFORMATIONAL ITEM(S) – None
1.8 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS
2.1 PRESENTATION TO PROVIDE AN UPDATE ON THE VALLEY LINK RAIL
PROJECT
4 December 11, 2023 Lathrop City Council Regular Meeting Agenda Page 4
2.2 PRESENTATION TO PROVIDE UPDATES ASSOCIATED WITH CAMERA SYSTEMS FOR CITY PARKS, CIP GG 22-35 AND TRAFFIC TECHNOLOGY, CIP PS 23-01
3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST BE
MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 SECOND READING AND ADOPTION OF ORDINANCE 23-451 OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 2, CHAPTER 2.08, SECTION 2.08.010 TITLED “CITY MANAGER”, OF THE LATHROP
MUNICIPAL CODE, TO MODIFY AUTHORITY TO APPOINT AND REMOVE
THE POLICE CHIEF
Waive Full Reading and Adopt Ordinance 23-451 Amending Title 2, Chapter 2.08, Section 2.08.010 Titled “City Manager”, Of The Lathrop Municipal Code, To Modify Authority To Appoint And Remove The Police Chief
4.3 SECOND READING AND ADOPTION OF ORDINANCE 23-452 OF THE CITY
COUNCIL OF THE CITY OF LATHROP APPROVING THE CENTRAL
LATHROP SPECIFIC PLAN (CLSP) PHASE 2 AMENDMENT AND CODE TEXT AMENDMENT TO MODIFY CHAPTER 17.62, CENTRAL LATHROP ZONING DISTRICTS TO ADD ARTICLE 6, IL-CL: LIMITED INDUSTRIAL ZONING DISTRICTS AND MODIFY SECTION 17.62.120 B OF THE LATHROP MUNICIPAL CODE (TA-23-104)
5 December 11, 2023 Lathrop City Council Regular Meeting Agenda Page 5 Waive Full Reading and Adopt Ordinance 23-452 Approving The Central Lathrop Specific Plan (CLSP) Phase 2 Amendment And Code Text Amendment To Modify Chapter 17.62, Central Lathrop Zoning Districts To Add Article 6, IL-CL: Limited Industrial Zoning Districts And Modify Section 17.62.120 B Of The Lathrop Municipal Code (TA-23-104)
4.4 AMENDMENT NO. 5 TO THE CITY MANAGER EMPLOYMENT AGREEMENT Adopt Resolution Approving Amendment No. 5 to the City Manager Employment Agreement to Allow Payout of a Portion of Accumulated Sick Leave Balance
4.5 AUTHORIZE THE POSTPONEMENT OF DELINQUENT UTILITY TURN-OFFS Adopt Resolution Approving the Suspension of Service Disconnections in the Month of December 2023 for All Delinquent Accounts
4.6 APPROVE SUBMITTAL OF LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE, CIP PS 06-06 FOR THE 2024 SJCOG ONE VOICE
PROJECT NOMINATIONS
Adopt Resolution Approving Submittal of Louise Avenue and Interstate 5 Interchange, CIP PS 06-06 for the 2024 San Joaquin Council of Governments One Voice Project Nominations
4.7 APPROVE OUT OF STATE TRAVEL FOR CITY STAFF TO ATTEND THE 2024
WORLD OF CONCRETE TRADESHOW
Adopt Resolution Authorizing Out-of-State Travel for the Senior Construction Manager to Attend the 2024 World of Concrete Tradeshow in Las Vegas, Nevada
4.8 ANIMAL CENTER STAFFING RECOMMENDATIONS
Adopt a Resolution Removing the Animal Shelter Supervisor Job Description and Creating the Animal Center Manager Job Description, Amending the Grade / Step Table and Position Control Roster and Associated Budget Amendment
4.9 APPROVE INTERAGENCY AGREEMENT BETWEEN THE CITY OF LATHROP
AND MANTECA UNIFIED SCHOOL DISTRICT TO PROVIDE SCHOOL
RESOURCE OFFICER SERVICES
Adopt Resolution Approving an Interagency Agreement between the City of Lathrop and Manteca Unified School District to Provide School Resource Officer Services, with Terms and Conditions Ending June 2026
4.10 APPROVE TASK ORDER NO. 31 WITH 4LEAF, INC. FOR BUILDING
INSPECTION SERVICES FOR THE BUILDING DEPARTMENT
Adopt Resolution Approving Task Order No. 31 with 4LEAF Inc., to Provide Building Inspection Services in the Building Department Pursuant to Master Professional Services Consulting Agreement dated September 21, 2015 with 4LEAF, Inc.
6 December 11, 2023 Lathrop City Council Regular Meeting Agenda Page 6
4.11 APPROVE TASK ORDER NO. 32 WITH 4LEAF, INC. FOR PERMITTING
SERVICES IN THE BUILDING DEPARTMENT
Adopt Resolution Approving Task Order No. 32 with 4LEAF, Inc. for Permitting Services in the Building Department Pursuant to Master Professional Services Consulting Agreement dated September 21, 2015 with 4LEAF, Inc.
4.12 APPROVE TASK ORDER NO. 33 WITH 4LEAF, INC. FOR PLAN CHECK
SERVICES FOR THE BUILDING DEPARTMENT
Adopt Resolution Approving Task Orders No. 33 with 4LEAF, Inc., to Provide Plan Check Services for the Building Department Pursuant to Master Professional Services Consulting Agreement dated September 21, 2015 with 4LEAF, Inc.
4.13 APPROVE A SERVICE CONTRACT WITH CALIFORNIA SALES
ORGANIZATION, LLC FOR EVIDENCE STORAGE AND PROCESSING
EQUIPMENT FOR THE PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 CORPORATION YARD IMPROVEMENTS
Adopt Resolution Approving a Service Contract with California Sales Organization, LLC for Evidence Storage and Processing Facilities for the Property and Evidence Building, CIP GG 21-13 Corporation Yard Improvements
4.14 APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH MARK THOMAS FOR THE LOUISE AVENUE /
INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-06 AND APPROVE
BUDGET AMENDMENT
Adopt Resolution Approving Amendment No. 2 to the Professional Services Agreement with Mark Thomas for the Louise Avenue / Interstate 5 Interchange Project, CIP PS 06-06 and Approve Budget Amendment
4.15 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY BOCKMON & WOODY ELECTRIC COMPANY, INC. FOR CAMERA SYSTEMS FOR CITY PARKS, CIP GG 22-35
Adopt Resolution Accepting Public Improvements Constructed by Bockmon & Woody Electric Company, Inc. for Camera Systems for City Parks, CIP GG 22-35, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.16 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY NOR-CAL
CONCRETE COMPANY, INC. FOR TEMPORARY ANIMAL CENTER
CONCRETE, CIP GG 23-06
7 December 11, 2023 Lathrop City Council Regular Meeting Agenda Page 7 Adopt Resolution Accepting Public Improvements Constructed by NorCal Concrete Company for Temporary Animal Center Concrete, CIP GG 23-06, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.17 RATIFY THE ORIGINAL SERVICE CONTRACT AND CONTRACT CHANGE ORDER NO. 1 AND APPROVE CONTRACT CHANGE ORDER NO. 2 WITH
HARDWIRE COMMUNICATIONS FOR ADDITIONAL FIBER OPTIC
COMMUNICATION WIRING FOR CIP GG 22-03 CITYWIDE FIBER OPTIC
COMMUNICATION
Adopt Resolution to Ratify the Original Service Contract and Contract Change Order No. 1 and Approve Contract Change Order No. 2 with Hardwire Communications for Additional Fiber Optic Communication Wiring for CIP GG 22-03 Citywide Fiber Optic Communication
4.18 RATIFY CITY MANAGER’S EXECUTION OF AN EMERGENCY SERVICE CONTRACT WITH CONCO WEST, INC. FOR CTF CHLORINE TANK
REPLACEMENT AND APPROVE BUDGET AMENDMENT
Adopt Resolution Ratifying City Manager’s Execution of an Emergency Service Contract with Conco West, Inc. for CTF Chlorine Tank Replacement and Approving Budget Amendment
5. SCHEDULED ITEMS
5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER ADOPTING AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP
UPDATING THE MILITARY EQUIPMENT LIST FOR MILITARY EQUIPMENT USE POLICY NO. 706, FOR THE USE OF MILITARY EQUIPMENT BY THE
LATHROP POLICE DEPARTMENT, IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7070-7075, ASSEMBLY BILL 481
The Council to Consider the Following Items:
1. Hold a Public Hearing;
2. First Reading and Introduction of an Ordinance Amending Chapter
9.20 Titled “Military Equipment Use Policy”, of Title 9 “Public Peace and Welfare” of the Lathrop Municipal Code by Amending Section 9.20.050 titled “Active Policies” to Update Existing Military Equipment List for Military Equipment Use Policy No. 706, by Incorporating Funding, Acquisition, and Use of New Military Equipment for the Lathrop Police Department, in Compliance with California Government Code Sections 7070-7075, Assembly Bill (Chieu); and
3. Adopt Resolution Accepting Annual Military Equipment Report 8 December 11, 2023 Lathrop City Council Regular Meeting Agenda Page 8
5.2 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.24, SECTION 10.24.030
DESIGNATED NO PARKING AREAS OF THE LATHROP MUNICIPAL CODE The Council to Consider the Following:
1. Hold a Public Hearing; and
2. Introduction and First Reading of an Ordinance of the City Council of the City of Lathrop to Amend Title 10, Chapter
10.24, Section 10.24.030 Designated No Parking Areas of the Lathrop Municipal Code
6. COUNCIL COMMUNICATIONS
6.1 MAYOR DHALIWAL REFERRAL – Appointment of Vice Mayor for 2024
6.2 MAYOR DHALIWAL REFERRAL – Mayor and Councilmember Assignments for 2024
6.3 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
Central Valley Executive Committee/LOCC (Akinjo/Diallo) Council of Governments (Lazard/Diallo)
Integrated Waste Management Solid Waste Division (Akinjo/TorresO’Callaghan) Reclamation District 17 Joint Powers Authority (Salvatore) San Joaquin Partnership Board of Directors (Salvatore) San Joaquin County Commission on Aging (Vacancy)
San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) Water Advisory Board (Torres-O’Callaghan/Lazard)
Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) San Joaquin Area Flood Control Agency (Akinjo/Lazard/Torres-O’Callaghan) LAFCo (Diallo)
6.4 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
9 PAGE LEFT
INTENTIONALLY
BLANK
10 ITEI I 4. 2
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
23- 451 OF THE CITY COUNCIL OF THE CITY OF
LATHROP AMENDING TITLE 2, CHAPTER 2. 08,
SECTION 2. 08. 010 TITLED CITY MANAGER", OF THE
LATHROP MUNICIPAL CODE, TO MODIFY AUTHORITY
TO APPOINT AND REMOVE THE POLICE CHIEF
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 23- 451 Amending Title 2, Chapter 2. 08, Section 2. 08.010
Titled " City Manager", Of The Lathrop Municipal
Code, To Modify Authority To Appoint And Remove
The Police Chief
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 23- 451 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 2, CHAPTER 2. 08, SECTION 2. 08. 010 TITLED CITY MANAGER", OF THE LATHROP
MUNICIPAL CODE, TO MODIFY AUTHORITY TO APPOINT AND REMOVE THE POLICE CHIEF
SUMMARY:
On November 13, 2023, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
o a- c% a
T resa Vargas, City CI rk Date
11 ORDINANCE NO. 23- 451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 2, CHAPTER 2. 08, SECTION 2. 08. 010 TITLED " CITY MANAGER", OF
THE LATHROP MUNICIPAL CODE, TO MODIFY AUTHORITY TO APPOINT AND
REMOVE THE POLICE CHIEF
WHEREAS, City Council was provided the opportunity to review a draft Ordinance to modify Lathrop Municipal Code section 2. 08. 010 regarding authority to appoint and remove the Police Chief; and
WHEREAS, City Council held a duly noticed public hearing at a regularly scheduled meeting on November 13, 2023 to review and consider a municipal code text amendment; and
WHEREAS, the proposed municipal code text amendment changes City Manager' s authority to appoint and / or remove, and conduct performance evaluations of the Chief of Police; and
WHEREAS, proper notice of this public hearing was given in all respects required by law; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Lathrop, based on substantial evidence in the administrative record or proceedings and pursuant to its independent review and consideration, does hereby approve the Lathrop Municipal Code text amendment incorporated herein.
FURTHER, BE IT ALSO ORDAINED by the City Council of the City of Lathrop as follows:
Section i. Amendment to the Lathrop Municipal Code.
The Lathrop Municipal Code section 2. 08. 010 is hereby amended to add the text as shown by underlined language:
2.08.010 City manager.
3. Appointment and Removal. Pursuant to Government Code Section 34856, to appoint and remove all officers and department heads except the city attorney and the police chief. The city manager shall either appoint, remove, promote or demote alI other city employees or approve their appointment, removal, promotion or demotion subject to all applicable personnel rules and regulations which may be adopted by the city council,
Ordinance No. 23- 451
12 4. Authority Over Employees. To control and give direction to all department heads and to subordinate employees of the city under the city manager' s jurisdiction through their department heads.
a. Police Chief. Citv Manaaer shall maintain control over and give direction to the Aolice chief in accordance with the provisions of this chapter relative to the authoritv the City Manager possesses over all department heads but authoritv to aoAoint and/ or remove the police chief and the administration of oerformance evaluations of the police chief shall be vested solely in the city council.
Section 2. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City of any officer or employee thereof a mandatory duty of care toward persons and property within or without the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severabilitv. If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the California Government Code.
Ordinance No. 23- 451
13 THIS ORDINANCE was regularly introduced at a meeting of the City Council of the City of Lathrop on the 13t" day of November, 2023 and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on 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 Ordinance No. 23- 451
14 ITEM 4. 3
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
23- 452 OF THE CITY COUNCIL OF THE CITY OF
LATHROP APPROVING THE CENTRAL LATHROP
SPECIFIC PLAN ( CLSP) PHASE 2 AMENDMENT AND
CODE TEXT AMENDMENT TO MODIFY CHAPTER
17. 62, CENTRAL LATHROP ZONING DISTRICTS TO
ADD ARTICLE 6, IL- CL: LIMITED INDUSTRIAL
ZONING DISTRICTS AND MODIFY SECTION
17. 62. 120 B OF THE LATHROP MUNICIPAL CODE ( TA23- 104) RECOMMENDATION: Waive Full Reading and Adopt Ordinance 23- 452 Approving The Central Lathrop Specific Plan ( CLSP)
Phase 2 Amendment And Code Text Amendment To
Modify Chapter 17. 62, Central Lathrop Zoning
Districts To Add Article 6, IL- CL: Limited Industrial
Zoning Districts And Modify Section 17. 62. 120 B Of
The Lathrop Municipal Code ( TA- 23- 104)
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 23- 452 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE CENTRAL LATHROP SPECIFIC PLAN ( CLSP) PHASE 2 AMENDMENT AND CODE TEXT AMENDMENT TO MODIFY CHAPTER 17. 62, CENTRAL LATHROP ZONING DISTRICTS TO ADD ARTICLE 6, IL- CL: LIMITED INDUSTRIAL ZONING DISTRICTS AND MODIFY SECTION 17. 62. 120 B OF THE LATHROP MUNICIPAL CODE ( TA- 23- 104) SUMMARY:
On October 9, 2023, the City Council opened and closed a Public Hearing to hear public testimony regarding the Central Lathrop Specific Plan Phase 2 Amendment and Code Text Amendment No. TA- 23- 104. Thereafter, the City Council continued the matter to the Regular Meeting of November 13, 2023. On November 13, 2023, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Lazard, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: None
ABSENT: Diallo
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY•
resa Vargas, ity lerk Date
15 ORDINANCE NO. 23- 452
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE CENTRAL LATHROP SPECIFIC PLAN ( CLSP) PHASE 2 AMENDMENT AND CODE TEXT AMENDMENT TO MODIFY CHAPTER 17. 62, CENTRAL LATHROP ZONING DISTRICTS TO ADD ARTICLE 6, IL-CL: LIMITED INDUSTRIAL ZONING DISTRICTS AND MODIFY SECTION 17. 62. 120 B OF THE LATHROP MUNICIPAL CODE ( TA- 23- 104)
WHEREAS, Section 65450 et. seq. of the California Government Code provides for the preparation and adoption of Specific Plans by general law cities for implementation of all or part of an adopted General Plan; and WHEREAS, Section 65453 of the California Government Code provides that a Specific Plan may be adopted or amended by either Resolution or Ordinance as provided by the local jurisdiction; and
WHEREAS, the Central Lathrop Specific Plan Phase 2 Amendment is being updated to be consistent with the 2022 General Plan Update; and WHEREAS, the proposed Code Text Amendment amends Chapter 17. 62, Central Lathrop Zoning Districts to be consistent and implement the Central Lathrop Specific Plan Phase 2 Amendment and 2022 General Plan Update; and WHEREAS, the Central Lathrop Specific Plan Phase 2 Amendment and Code Text Amendment ( TA- 23- 104) applies only to Phase 2 ( the Project) and does not in any way apply to the Central Lathrop Specific Plan Phase 1 Project; and WHEREAS, the Amendment to the Central Lathrop Specific Plan as it affects Central Lathrop Specific Plan Phase 2 Amendment is a stand- alone document for the Phase 2 portion of Central Lathrop; and
WHEREAS, prior to the City' s approval of the 2022 General Plan Update, the City prepared an Environmental Impact Report ( EIR) which analyzed the environmental impacts of buildout under the General Plan Update pursuant to the California Environmental Quality Act ( CEQA) ( Public Resources Code Section 21000, et. seq.), and the Lathrop City Council certified the General Plan Update Final EIR on September 19, 2022 ( State Clearinghouse # 2021100139); and WHEREAS, the analysis in the General Plan Update EIR allows the use of CEQA exemption/ streamlining provisions for projects developed under the General Plan Update, including the proposed Project; and
WHEREAS, prior to approval of the Project, the City Council adopted a Resolution to find the Project exempt from further environmental review pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act CEQA) Guidelines Section 15183; and
Ordinance No. 23- 452
16 WHEREAS, the proposed Amendment to the Central Lathrop Specific Plan, as it affects the Phase 2 Project, is an amendment to the adopted 2004 Central Lathrop Specific Plan, which was adopted by Resolution No. 04- 1779 on November 9, 2004; and
WHEREAS, the City intends to retain the 2004 Central Lathrop Specific Plan as the governing land use regulations for certain specified portions of the Specific Plan area including properties within the Phase 1 Specific Plan area; and WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing on September 13, 2023, to consider the proposed Amendment to the Central Lathrop Specific Plan and Code Text Amendment and after reviewing and considering all information provided and submitted, and after taking and considering all public testimony adopted Resolution No. 23- 12 recommending City Council approval of the proposed Project; and
WHEREAS, proper notice of this public hearing was given in all respects as required by law including the publishing of a legal notice of the hearing in the Manteca Bulletin on or about September 29, 2023 and mailed out to property owners located within a 300- foot radius from the Central Lathrop Specific Plan Phase 2 Amendment project area on September 29, 2023, emailed to the City' s Public Hearing subscribers and interested parties and posted at three ( 3) locations accessible to the public and the City website; and
WHEREAS, on October 9, 2023, the City Council opened and closed a Public Hearing to hear public testimony regarding the Central Lathrop Specific Plan Phase 2 Amendment and Code Text Amendment TA- 23- 104. Thereafter, the City Council continued the matter to the Regular Meeting of November 13, 2023; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, BE RESOLVED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its own independent review and consideration, hereby approves the Central Lathrop Specific Plan ( CLSP) Phase 2 Amendment, as shown in Attachment 3 of the City Council Staff Report with revised Figures 3. 3 and 3. 11 as shown in Attachment 8, relative to the proposed development of the CLSP Phase 2 Amendment project area on certain real property consisting of 724 acres located in the City of Lathrop, incorporated by reference herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. This Ordinance incorporates, and by this references makes part hereof, that certain Amendment to the Central Lathrop Specific Plan as it affects Central Lathrop Specific Plan Phase 2 Amendment Project, as shown in Attachment 3 of the City Council Staff Report, relative to the proposed development of the Central Lathrop Specific Plan Phase 2 Amendment area on certain real property consisting of approximately 724- acres located in the City of Lathrop.
Ordinance No. 23- 452
17 Section 2. Specific Plan Findinqs. Pursuant to State of California Planning and Zoning Law, the City Council finds and determines as follows:
1. The 2004 Central Lathrop Specific Plan adopted pursuant to Resolution No. 04- 1779 shall be in full force and effect as to that portion of the Specific Plan that covers Phase 1.
2. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendments for Phase 2 is consistent with the goals, policies, implementation measures, and general land uses specified in the 2022 General Plan Update because it promotes job- generating land uses within the Phase 2 Amendment area and specifically implements Implementation Measure LU- 5. f of the General Plan, which requires the City to update the Central Lathrop Specific Plan to be consistent with the adopted General Plan Update.
3. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendments is consistent with the goals, policies, implementation measures specified in the General Plan Update related to promoting the development of job- generating land uses to support existing and future businesses. The Central Lathrop Specific Plan Phase 2 Amendment ensures that the City' s economic base will be strengthened by promoting development which will create a variety of high quality long- term jobs and shorter term construction jobs and encourages future developers to finance public facilities for long- term infrastructure solutions and public services. Additionally, the 2004 Central Lathrop Specific Plan, as amended by the proposed Phase 2 Amendment is consistent with the General Plan Update goals related to achieving visual and functional quality of new development because it requires the provision of open space within the planning area and the provision of landscape buffers between the Phase 2 area and sensitive receptors.
4. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendment, is consistent with the goals, policies, general land uses and implementation measures specified in the General Plan Update because it ensures that proposed land uses will receive an adequate level of public services, facilities and protection by implementing the goals and policies of the Public Facilities and Services and Public Safety Elements of the General Plan.
5. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendment, is consistent with the goals, policies, general land uses, and implementation measures specified in the General Plan Circulation Element because it ensures that streets and highways will be constructed in accordance with the TrafFic Monitoring Program to serve the new development.
Ordinance No. 23- 452
18 6. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendments, is consistent with the goals, policies, general land uses, and implementation measures specified in the Environmental Justice Element because it ensures that measures are in place to promote land use and development patterns that reduce greenhouse gas emissions, enhance air quality, and reduce climate change impacts.
7. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendments, is consistent with the goals, policies, general land uses and implementation measures of the General Plan because it will promote orderly development of the plan through flexible phasing which is tied to the provisions of supporting infrastructure capacity in the construction of off- site infrastructure improvements. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Phase 2 Amendment, provides for the construction of roadways to provide improved access to the project and adjacent properties, and the extension of utilities such as water, sanitary sewer, and storm drainage facilities necessary to accommodate the project.
8. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Phase 2 Amendment, is consistent with the goals, policies and implementation measures of the General Plan Public Safety Element because it ensures that all new buildings construction shall conform to the latest California Building Code and seismic standards, gives priority to support police protection, and to fire suppression, and implements practices and regulations which avoid hazardous land use relationships.
Section 3. Code Text Amendment Findings. Pursuant to State of California Planning and Zoning Law, the City Council finds and determines as follows:
1. The proposed Zoning Code Text Amendment is consistent with the City' s General Plan Update, as enumerated in the Consistency Findings in the Staff Report.
2. The proposed Zoning Code Text Amendment furthers the public interest, convenience, and general welfare of the City by implementing the Central Lathrop Specific Phase 2 Amendment. The amendments would ensure consistency with the CLSP Phase 2 Amendment, General Plan, and Lathrop Municipal Code and update the zoning standards that are relevant to the CLSP Phase 2 Amendment.
Section 4. Upon adoption by the City Council, the Central Lathrop Specific Plan Phase 2 Amendment applies only to the Central Lathrop Specific Plan Phase 2 Project and does not change the adopted Central Lathrop Specific Plan as it applies to the balance of the CLSP area ( Phase 1).
Ordinance No. 23- 452
19 Section 5. Upon adoption by the City Council, the Community Development Director is hereby directed to retain said 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendments, on permanent public display in the Community Development Department, Planning Division in the City of Lathrop.
Section 6. Based on the findings set forth in this Ordinance, the CEQA Resolution, and evidence in the Staff Report, the City Council hereby approves the Central Lathrop Specific Plan Phase 2 Amendment and directs that the Central Lathrop Specific Plan Phase 2 Amendment be added to the 2004 Central Lathrop Specific Plan as a stand- alone document for Phase 2. These documents shall be substantially in the form on file with the City Clerk.
Section 7. This Ordinance is not intended to and shall not be construed or given effect in the manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis for civil liability for damages, except as otherwise imposed by law.
Section 8. Severabilitv. If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 9. Effective Date. This Ordinance shall take legal efFect 30 days from and after the date of its passage.
Section 10. Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
Ordinance No. 23- 452
20 THIS ORDINANCE was regularly introduced at a meeting of the City Council of the City of Lathrop on the 13t'' day of November 2023, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 23- 452
21 22
ITEM 4.4
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AMENDMENT NO. 5 TO THE CITY MANAGER
EMPLOYMENT AGREEMENT
RECOMMENDATION: Adopt a Resolution Approving Amendment No. 5 to the City Manager Employment Agreement to Allow
Payout of a Portion of Accumulated Sick Leave
Balance
BAC KG ROU N D:
The City Council is responsible for the employment agreements of the three Council appointed officials; City Manager, City Attorney, and Police Chief. These employment agreements allow for the payout of unused accrued leave.
Section 8 of the City Manager' s contract states that Employee shall be paid for all accrued and unused sick leave" upon end of contract. Under the current employment agreement, time accrued continues to appreciate in value at annual cost of living adjustments or salary increases. Over the course of employment, the accrued sick leave has become a funded liability of the City.
Amendment Number 5 to the City Manager' s Employment Agreement is prepared in accordance with the direction of the City Council pursuant to closed session discussions held on November 13, 2023. Amendment Number 5 would allow the City Manager to cash out 14 Hours per pay period of accrued unused sick leave, so long as accrued sick leave balance remains at a minimum of 160 hours. Increments of less than 14 hours above 160 hours of accrued sick leave will not be cashed out.
The proposed amendment is attached herein ( Attachment B). Special Counsel Michael Youril reviewed the proposed resolution and employment contract amendments, which are recommended for City Council review and approval.
REASON FOR RECOMMENDATION:
The proposed contract amendment allows the City to be prudent and paydown the City' s accumulated liability at the current rate of pay to eliminate future appreciation in value pursuant to annual cost of living adjustments or salary increases.
FISCAL IMPACT:
If approved by Council, the attached resolution will result in an immediate City fund balance savings of $27, 251 by paying out accrued sick leave at current hourly rates instead of future rates. This item authorizes the Finance Department to make appropriate adjustments to the Compensated Absences Liability Account and increase the vacation/ sick leave expenditures for FY 23- 24 and FY 24- 25, and decrease funded future liability by the same amount.
23 CITY MANAGER' S REPORT PAGE 2
DECEMBER il, 2023 CITY COUNCIL REGULAR MEETING
AMENDMENT NO. 5 TO THE CITY MANAGER EMPLOYMENT AGREEMENT ATTACH M E NTS:
A. Resolution Approving Amendment No. 5 to the City Manager Employment Agreement
B. Amendment No. 5 to the Employment Agreement for City Manager, Stephen J. Salvatore
24 CITY MANAGER' S REPORT PAGE 3
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
AMENDMENT NO. 5 TO THE CITY MANAGER EMPLOYMENT AGREEMENT APPROVALS:
I 2l 41 oZ3
Thomas Hedegard Date
Deputy City Manager
L 6 zo
Salvador Navarrete Date
City Attorney
l2•t • Z-3
S en J. Salvatore Date
City Manager
25 RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 5 TO THE CITY MANAGER EMPLOYMENT
AGREEMENT TO ALLOW PAYOUT OF A PORTION OF ACCUMULATED SICK
LEAVE BALANCE
WHEREAS, the City Council is responsible for the employment agreement of the three Council appointed officials; City Manager, City Attorney, and Police Chief; and
WHEREAS, Section 8 of the City Manager' s contract states that " Employee shall be paid for all accrued and unused sick leave" upon end of contract. Under the current employment agreement, time accrued continues to appreciate in value at annual cost of living adjustments or salary increases; and WHEREAS, over the course of employment, the accrued sick leave has become a funded liability of the City; and
WHEREAS, Amendment Number 5 to the City Manager' s Employment Agreement is prepared in accordance with the direction of the City Council pursuant to closed session discussions held on November 13; and
WHEREAS, Amendment Number 5 requires the City Manager to cash out up to 14 Hours per pay period of accrued unused sick leave, so long as accrued sick leave balance remains at a minimum of 160 hours; and
WHEREAS, the proposed contract amendment allows the City to be prudent and paydown the City' s accumulated liability at the current rate of pay to eliminate future appreciation in value pursuant to annual cost of living adjustments or salary increases.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby approve the Amendment Number Five ( 5) to the City Manager Employment Agreement; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the Finance Department to make appropriate adjustments to the Compensated Absences Liability Account and increase the vacation/ sick leave expenditures for FY 23- 24 and FY 24- 25, and decrease funded future liability by the same amount.
26 The foregoing resolution was passed and adopted this 11th day of December 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 27 ATTACHMENT' '° "
Amendment Number Five to Employment Agreement between
The City of Lathrop and Stephen 1. Salvatore
December 11, 2023
The original Employment Agreement between the City of Lathrop and Stephen J. Salvatore, attached hereto and incorporated herein as Exhibit " A", was entered into between the parties for the services of City Manager on or about September 17, 2012.
On or about August 17, 2015, the City Council approved Amendment Number One to the Employment Agreement, which is attached and incorporated herein as Exhibit " B." On or about November 19, 2018, the City Council approved Amendment Number Two, which is attached and incorporated herein as Exhibit " C."
On or about August 8, 2022, the City Council approved Amendment Number Three, which is attached and incorporated herein as Exhibit" D."
On or about August 14, 2023, the City Council approved Amendment Number Four, which is attached and incorporated herein as Exhibit" E."
The City Council hereby approves an amendment to the second paragraph of Section 8 of the Employment Agreement to read as underlined below:
If this contract is terminated for any reason specified herein, Employee shall be paid for all accrued and unused sick leave, vacation time, paid holidays; and the value of all benefits including employer' s contribution to PERS, Health Insurance allowance, and car allowance.
Severance will be paid in one payment within 30 days of termination. Emplovee shall cash out 14 hours per pav period of accrued unused sick leave, so lon as the accrued sick leave balance remains at a minimum of 160 hours. Increments of less than 14 hours above 160 hours of accrued sick leave will not be cashed out.
Unless specifically stated above, no other changes to the original agreement ( or Amendments) are intended by this Amendment.
EMPLOYEE CITY OF LATHROP
By:
Stephen J. Salvatore Sonny Dhaliwal, Mayor
Date: Date:
28 APPROVED AS TO FO M:
Salvador Navarrete, City Attorney
ATTEST:
Teresa Vargas, City Clerk
Attachments:
Exhibit " A"— Employment Agreement for Stephen J. Salvatore effective September 17, 2012 Exhibit " B"— Amendment Number One to Employment Agreement dated August 17, 2015 Exhibit " C"— Amendment Number Two to Employment Agreement dated November 19, 2018 Exhibit " D"— Amendment Number Three to Employment Agreement dated August 8, 2022 Exhibit " E"— Amendment Number Four to Employment Agreement dated August 14, 2023 29 Exhibit " A"
EMPLOYMENT AGREEMENT
THIS EMPLO i' MENT AGREEMENT (" Contract"} is made and entered into this 17 day of September, 2012, by and between the City of Lathrop, California, a general law city organized under the laws of the State of Califomia, hereinafter called " Employer," and Stephen J.
Saivatore, an individual, hereinafter called " Employee," and is effective as of September 17, 2012(" Effective Date"}.
The parties agree as follows:
SECTION 1. DUTIES.
Employer hereby employs Employee as City Manager to perform the functions and duties specified in the laws of the State of California, the Municipal Code of the CiTy of Lathrop, and the Ordinances and Resolutions of the City of Lathrop, and to perform such other Iegally permissible and proper duties and functions as the City Council shall from time to time assign.
SECTION 2. TERM.
A. The term of this Contract shall initially be for three ( 3) years, commencing as of the Effective Date, and shall be automatically renewed and elctended for additional three ( 3) year perioas at the end of each three year period, unless either party sha11 provide written notice of non- renewal at Ieast ninety ( 90) days prior to the end of the period in which notice is given.
B. Nothing in this Contract shaIl prevent, limit, or otherwise interfere with the right of Employee to resign as City Manager or as an employee of the City at any time for any reason.
C. Employee shall remain in the exclusive employ of Employer, and shall neither accept ather employment nor become employed by any other employer except upon written approval of Employer.
D. The term " employed" shall not be construed to include occasional teaching, writing, speaking, or consuIting performed during Employee' s time off.
E. Employee' s initial date of hixe was January 1, 2008, but this Agreement is effective as the Effecbve Date specified above.
SECTION 3. SALARY.
Employer agrees to pay Employee, commencing with the Effective Date far his duties, the base annual salary of or e hundred and seventy one thousand one hundred fihirty one dollazs
30 17I, I 31) payable in installments at the same time and in the same manner as other Employees of the Ernployer are paid.
On the one ( 1) year anniversary of the Effective Date, tbe City Council shall conduct an annual performance evaluation. This evaluation shall be completed as a joint effort between Employee and Employer. If desired, an outside facilitator, to be mutually agreed upon by Employer and Employee, and at Employer's sole cost, may be utilized. On the subsequent anniversaries, Emplayer may grant merit increases to the base annual salary and provide other benefits to Employee under this Contract at their discretion.
SECTION 4. FIQURS OF WORK.
It is recagnized that Employee must devote a great deal of time outside normal office hours to husiness of Employer. To that end, Employee will be granted management leave at a rate of four 4) weeks of management leave per calendar year. Management leave is fully credited on January 1 of each year.
SEC' ITON 5. AUTOMOBILE ALL4WANCE.
Employer sha1l receive an a automobile allowance of$450.00 per month for the general business use of his personal vehicle; however, Employer shall also reimburse Employee at the IRS standazd mileage rate for any business use of his personal vehicle for any single business trip totaling more than 100 miles.
SECTI4N 6. TERMINATION.
This Conixact shal! terminate upon the occurrence of any of the following events:
A. The death fEmployee.
B. The dissolution or bankruptcy of Ernployer.
C. The disability ofEmployee, as defined herein.
D. The majority of the City Council of Employer votes to terminate the Employee at a duly autharized meeting. Except for non-renewal of contract pursuant to 2A, the Employer however shall not terminate Employee within a " cooIing off' period of ninety ( 90) days either before or after an election for which a City Council Member is elected.
E. If the Employer, citizens or Iegislature act or acts to amend any provision of applicable law that substaintially changes the role, powers, duties, authority, or responsibilities of the Emplayee, the Employee shall have the right to declare fihat such amendments constitute termination.
Page z of 6
31 F. If the Employer reduces the base salary, compensation ar any ather fnancial benefit of the Employee, unless any such reduction is pursuant to a City wide fiulough program, such action shall constitute a breach of this Contract and will be regazded as termination.
G. Ifthe Employee resigns following an offer to aceept resigna ion, by majority of the City Council of Employer, then the Employee may declare a ternunation as of the date of the requested resignation.
H. Breach of contract declared by either party with a tiv.rty (3U) day cnre period for either Employee or Employer to be provided. Written notice of a breach of contract shall be pravided.
I. Conviction of Employee of any public offense that is a felony, and/ or involves moral tuxpztude, and / or the punishment for which includes a prohibition of holding public employment.
SECTION 7. CONFIDENTIALITY.
Unless the Employee expressly requests otherwise in writing, the evaluation of the Employee during his service as City Manager shall at all times be conducted in closed session of the City Council and shall be considered confidential to the full extent permitted by law. Nathing herein shall prohibit the Employer ar the EmpIoyee from sharing the content of Ennployee' s evaluation with their respective legal counsel.
SECTION 8. SEVERANCE P AY.
If tlni s Contract is terininated pursuant to Section 6, Pazagraph B, D, E, F, G or City bzeach of Contract, Employer shatl pay severance to Employee in the amount of six ( months' salary.
Instead of six of severance pay in accordance with this Section, Employee may elect to treat the non- renewal of the Contract ( as described in herein and in Section 2) as a termination that entitles him to three ( 3} months' severance pay in addition to regular pay during the 90 day notice period of non-renewal referenced in Section 2A.
Tf this contract is terminated for any reason specifed herein, Employee shall be paid for a.11 accrued and unused sick leave, vacation time, paid holidays; and the value of all benefits including employer' s contribu ion to PERS, Heatth Insurance allowanee, and car allowance.
Severance will be paid in one payment within 30 days of temunation.
SECTION 9. NOTICE TO RESIGN
Employee may terminate this Contract by providing written notice to the City at least tturty ( 30) days prior to the effective date of resignation. The Employer sha l have no further obligation to provide payments and benefits to Employee for his service as City Manager after the effective date of the resignadon except for a l accrued and unused management Iea.ve, sick leave and vacation time. The City requests that Employee provide silc ( 6) to twelve ( I 2) months advance notice in the event that he determines to retire from service.
32 SECTYON 10. IIVDENIl IFICATION.
Employer shall defend, save harn ess and indemnify Emplayee in accordance with Division 3. 6 of the Catifomia Government Code, commencing with section 8I0.
SECT' TON 11. BONDII TG.
Employer sha.tl beaz the full cost of any fidelity or ather bonds required of the Employee under any Iaw or ardinance.
SECTION 12. DISABILITY. ADJUSTMENTS. HEALTH AND LIFE
INSURANCE. COST- OF-LIVING. VACATION AND SICK LEAVE.
Unless otherwise spec cally provided herein, all provisions of the Municipal Code and regulations and rules of Employer relating to va,cation and sick leave, retirement system contributions, holidays and other fringe besiefits and warking conditions as they now exist or hereaf er may be amended also sha11 apply to Employee as they wou d to other unrepresented employees ofthe Employer. An annual cost of living increase ad.justment sha11 be applied to the base annual salary going forward to Employee as established for all other non-represented emplayees. Adclitionally, Employee will accrue vacation and sick leave at a rate as outlined in the City's Adminisbrative Policies Manual based on his initial hire date.
SECTION 13. RETIREMENT.
Employer shali pay Employee' s contribution to the Public Employees Retirement System in accordance with adopted policies of Employer.
SECTTON 14. NOTICES.
Notices pursuant to this Contract shall be in writing given by deposit i.n the custody ofthe United States Postal Service, postage prepaid, addressed as follows:
1} Employer Mayor, City afLathrop, 390 Towne Centre Drive, Lathrop, CA 2) Employee At his address as reflected in his personnel records ofthe City.
Alternatively, notices required pursua nt to this Contract may be personally served in the same manner as is appIicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.
SECTION 25. GENERAL PROVYSIUNS.
A. The text herein shall constitute the entire Contract between the pazties.
Page4of6
33 B. Tf any provision, or any portion thereof, contained in this Contract is held uticonstitutional, invalid or unenforceable, the remainder of this Contract, or portion thereof, shall be deemed sevezable, shall not be afFected and shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Lathrop has caused this Contract ta be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed and executed tius Contract, both in duplicate, the day and year first above written.
EMPLOYEE CITY 4F LATH OP
By:
en J. Salvatore J Chaka s,
Date: 1' 1!
T
I Z Date: a `
APPROVED AS TO F4 .
Salvador Navanete, City Attorney
ATTEST:
Mitzi rtiz, ' Clerk
34 Exhibit ~g
Amendment Plumber ne to Emptoyment l greement between
The C ty of tathrop and Stephen 1. Salvatore
August 17, 2015
The origfial Employment Agreement between the City of Lathrop and Stephen 1. Salvatore, attached hereto and incorporated herein as Exhibit" A, was entered Into between the parties fo the services of City Manager on or about September 17, 2012.
The Gty Council has met and unanimously agreed to renew and extend this Employment Agreement pursuant to the conditions as described in Section 2 of the Employment Agre ment.
IN WlTNESS WHEREOF the Gty of lathrop h s caused this Amendment Ido. 1 to be signed and executed n its behalf by its Mayor and duly attested by its City Clerk, and the employee has signed and executed this Amendment both in dupiicate.
EMPLOYEE CITY OF LATHROP
B ' ..
ephen J. Sa{ vatore Sonny D aliwal, lVlayor
Date: 15 Date: /' 72 /
APPROVED AS TQ fQl M:
Saivador iVava rete, City Attorney
ATTEST:
eresa Vargas, City
Attachment: Fachibit A— Empfoyment Agreement for Stephen J. Salvatore effecttve Septemher 17, 2012 35 Exhibit" C"
Aaa t Nr tber 1 o tn Emplpymeat Agree ocnt Betw tLe
9' oP P. i.3slvxton
Nonaber 19, 20 8
T
a'ipnv BmPloya a Agc ee neat betweat the City of Lathrop and S phan J. Salva ta+e. attacJ ed ha eto end iQoocpor ted herein as Exhibit" A", was d into betwam he puties fa secvices ofC ry Mao r as ac about Sapmember 27. 2012.
Ua or about August 1?, 2015, the City conuc,'ti ut imoaaly agroe i to ew and extand the P.mplaymeat A ut pu ant ta the condiaoas as do ibed ia Secxio 2 of the Bmploymcnt A,gnaems t, aaact d he aad iaoo pocamd herein as Bahibit'". l'n addition, the& aplayn eat Agroatitat automatic y tenaw d tor an addidonal3 years in September 2018.
The City Council has met aad wit6 a voDe of'4-0,with Councilmembar Dnesaer absent, spptnves d e n8 m die EmploYm nt AS+eemeat, effedive November 19. 7A18:
1. Ituaraase curient base Lunual salary by 596;
2. Up to farty( 40) lio us af sic C lsavc c n be cashed out annually; and
3. Ea toya wiU concribu e Z2, 179 per monifi towards the Bmployee' a 6ea1W. deuwl aad visio . i
uanoe beneSfs. and any such increaaes m beaefits pc+ovided w o er maaagement oYUnless specifiically stated above. no other chaogee w the originsl ag nent( ac Am ment Oa) are int nded by tbia Agree ent
A- CTfY OF LATHItOP
By:
i , ea J. satva one
y nhaliwat, Mayor
Dste: Ds be:
APPItOVED AS TO FORM:
Salvadoc Navaerete. City Attom y
ATTES1':
Varges,( ity
ttecbments:
Bxhibit" A"_ p,a ployment A roca ettt{ nr Stcp ea I.Salvat ne effcdive Septemb r 17,2Al2 i1 t" B"— A ndmeat Number One ta Fniploymeat Agree mest dsted Aug sc 17, ZUlS 36 EXfl ilt••,•
Amendment Number Th ee to Empioyme t AgreenieM Between the City of L,athrop and Stephen J. SaMtore
Au ust 8, 2022
The original Employment Agreement between the City of Lathrop and Stephen 1. Saivato e, attached hereto and incorporated herein as Exhibit" A", was entered into between the parties for services of City Manager on or about Septemtier]. 7, 2012.
On o about August 17, 2015, the City Council unanimously agreed to renew and extend the Employment Agreement( Amendment Number One attached and hereta incorporated herein as Exhibit" B".
On or about November 14, 2 18 the City Council approved Amendment Number Two, attached and incorporated herein as Exhib t" C".
The Gty Council hereby approves a perfo mance-based increase in the City Manager' s current base salary of 6%, effective luiy li,2022.
Unless spetifical{ y stated aboye, no ather changes to the original agreement( or Amendmentsf are intended by this Amendment.
EMPLOYEE CRY 0 THROP
gY.
w' .'
BY
Stephen 1. Satvatore Sonny phaliwal, Mayor
Date• t/f Date: g/'
APPROVED AS Tl? fORM:
MichaeE C. Colantuonc
Special Counsel
A7TEST:
eresa Vargas, City Clc+ / Govemment Services Directar
Attachments:
Exhibit" A"- Empleyment Agreement far Stephen 1. Salvatore effecti e September 17. 2012 Exhibit" B"- Amendment Number One to Employment Agreement dated August 17, 20i5 Exhibit° C'- Amendment Number Two to Employment Agreement dated Navember 19, 2QI8 37 EXHIB T " E "
Amendment Num6er Four tc Employment Agreement Between the City of Lathrvp and Stephen J. Salvatore
August 14, 2023
The vriginal Employment Agreement between the City of Lathrop and Stephen J. Salvatore, attached and incorporated herein as Exhibit" A," was entered into between the parties far services of City Manager on or about 5eptember 17, 2012.
On or about August 17, 2015, the City Council approved Amendment Number One to the Employment Agreement, which is attached and incorporated herein as Exhibit " B:' On or about November 19, 201$, the City C uncil approved Amendment Number Two, which is attached and incorporated herein as Exhibit " C."
On or about August 8, 2022, the City Council appro ed Amendment Number Three, which is attached and incorporated he ein as Exhibit" D."
The City Council hereby approves an amendment to the first paragraph of Sectian 8 of the Employment Agreement to read as follows:
If this Contract is terminated pursuant to Section 6, Pa agraph B, D, E, F, G, or City breach of Contract, Employer shaN pay severance to Employee in the amount of twelve ( 12) months of salary. Instead of twelve months af severance pay in accordance with this Section, Employee may elect to treat the non-renewal ofthe Contra t( as described in Section 2} as a termination that entitles him to nine ( 9) months of severance pay in addition to regular pay during the 90 day notice period of non- renewa referenced in Section 2A. This provision shall be limited by the requirements of Government Code sections 53260 and 53621.
Unless specifically stated above, no other changes to the original agreement (or Amendments) are intended by this Amendment.
EMPLOYEE CITY F R P
B By:
J. Salvatore P I i ' , Vice
oate: t
a Z3 oate: l Z
APP AS TO FORM:
eu Counsel
38 A EST:
T resa Vargas, City Clerk/ Go ent Services Manager
Attachments:
Exhibit" A"— Employment Agreement for Stephen J. Salvatare effective September 17, 2012 Exhibit" B"— Amendment Number ne to Employment Agreement dated August 17, 2015 Exhibit" C"— Amendment Number Two to Empioyment Agreement dated November 19, 2018 Exhibit" D"— Amendment Number Three to Employment Agreement dated August 8, 2022 39 40
ITEM 4. 5
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AUTHORIZE THE POSTPONEMENT OF DELINQUENT
UTILITY TURN- OFFS
RECOMMENDATION: Adopt a Resolution Approving the Suspension of Service Disconnections in the Month of December
2023 for All Delinquent Accounts
SUMMARY:
Since 1996, Council has suspended utility service disconnections during the month of December. As in years past, Council can authorize staff to forgo utility disconnections to residents scheduled in the month of December 2023. The City will still assess a 10% late fee to all accounts with balances not paid by December 31, 2023.
BACKGROUND:
The Finance Department produces monthly utility invoices for its water and wastewater customers. The cycle of the utility bills is as follows:
Invoice Production: Utility invoices are created and mailed to City residents at the beginning of each month. Utility invoice payments are due by the 25th of each month. A 10% penalty fee is assessed to all outstanding accounts on the last working day of the month.
10- Day Notice: 10- Day notices are sent to City residents ten ( 10) days before the disconnection date for all accounts with an outstanding balance more than 60 days past due. 10- Day Notices inform the resident that their account is subject to disconnection.
48 Hour IVR Phone Campaign: An automated phone call is made to notify the residents of the pending disconnection if payment is not received in the 48- hour timeframe. Multiple options are given to residents to submit payment or make payment arrangements.
Disconnection: Accounts with past due balances after the 10- Day Notice deadline are subject to disconnection. Disconnected accounts are assessed a 60 reconnection fee.
The City' s process for utility service disconnections is in compliance with Senate Bill 998, the State of California' s mandated process for discontinuation of residential water service. The State legislature has enacted Senate Bill 998 ( SB 998") known as the Water Shut Off Protection Act. It is intended to help residential water users who lose access to water service due to their inability to pay. It requires procedural protections before residential water service can be discontinued for non- payment.
The City' s SB 998 policy can be found on the City' s website in seven languages. The policy is currently available in English, Chinese, Korean, Punjabi, Spanish, Tagalog 41 CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
POSTPONEMENT OF DELINQUENT UTILITY TURN- OFFS
and Vietnamese. Any account disconnected for non- payment is assessed a $ 60 reconnection fee to cover the staff costs associated with this process.
Suspension of turn- offs in the month of December may increase account delinquency and potentially increase the amount of uncollectible accounts written- off (referred to a collections agency) at the end of the fiscal year. Instead of disconnecting unpaid ccounts in mid- December through the turn- off process, unpaid accounts are not disconnected until mid- January.
If Council decides to suspend turn- offs in the month of December, the service reconnection charges would not be assessed. However, the City will still apply a 10% late fee to all delinquent accounts if their balance is not paid by December 31, 2023.
REASON FOR RECOMMENDATION:
Interruptions of essential City services such as water service due to non- payment can be disruptive during the holidays. Therefore, Council may decide to suspend service disconnections during the month of December. This action has been approved by Council since 1996.
FISCAL IMPACT:
Suspension of turn- offs in the month of December has fiscal impacts, as noted below:
Potentially increases the number of customers who fail to pay their bills timely.
Service reconnection charges would not be assessed or collected.
Increases the likelihood of having a higher number of unpaid accounts referred to collections.
ATTACH M ENTS:
A. Adopt a Resolution Approving the Suspension of Service Disconnections in the Month of December 2023 for All Delinquent Accounts. 42 CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
POSTPONEMENT OF DELINQUENT UTILITY TURN- OFFS
APPROVALS:
rG.
Chia Lor Date
Senior Accountant
li' i
3 Cari Jame' Date
Director o Finance
1 , z.oL3
Salvador Navarrete Date
City Attorney
I 1' ZD' 7 3
Step en J. Salvatore Date
City Manager
43 RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
SUSPEND SERVICE DISCONNECTIONS IN THE MONTH OF DECEMBER 2023 FOR ALL DELINQUENT ACCOUNTS
WHEREAS, since 1996, the City has allowed utility services to remain uninterrupted during the month of December for all utility accounts, including delinquent accounts; and
WHEREAS, the City' s process for utility service disconnections is in compliance with Senate Bill 998, the State of California' s mandated process for discontinuation of residential water service; and
WHEREAS the City' s SB 998 policy can be found on the City' s website in seven languages. The policy is currently available in English, Chinese, Korean, Punjabi, Spanish, Tagalog and Vietnamese; and
WHEREAS, the fee to reconnect water service after disconnection for non- payment is $ 60 to cover the staff costs associated with this process; and WHEREAS, the City will still apply a 10% late fee to all delinquent accounts if their balance is not paid by December 31, 2023; NOW, THEREFORE, BE IT RESOLVED that this City Council does hereby suspend turn- offs of water services in the month of December for all delinquent accounts.
Resolution No. 23- Page 1 of 2
44 The foregoing resolution was passed and adopted this 11th day of December 2023, by the following vote of the City Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 23- Page 2 of 2
45 46
ITEM 4. 6
CITY MANAGER' S REPORT
DECEMBER li, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE SUBMITTAL OF LOUISE AVENUE AND
INTERSTATE 5 INTERCHANGE CIP PS 06- 06 FOR
THE 2024 S) COG ONE VOICE PROJECT
NOMINATIONS
RECOMMENDATION: Adopt Resolution Approving Submittal of Louise Avenue and Interstate 5 Interchange CIP PS 06- 06
for the 2024 San ) oaquin Council of Governments
One Voice Project Nominations
SUMMARY:
The City received a request from the San Joaquin Council of Governments ( SJCOG) to submit the City' s top priority project to be included in the list of projects to be presented at the annual One Voice Program in Washington, D. C. on May 5- 9, 2024.
Each jurisdiction in the County is allowed to submit local and regional transportation priority projects.
SJCOG recommends that projects be aligned based on thematic concepts such as Environmental Sustainability, Trade Corridors, Innovation, Technology Growth Management, and Social Equity & Mobility. The Louise Avenue and Interstate 5 ( I5) Interchange Capital Improvement Project ( CIP) PS 06- 06 is currently at the environmental phase and satisfies the required criteria.
Staff recommends Council approve submittal of the Louise Avenue and I- 5 Interchange CIP PS 06- 06 as the City' s priority project for federal funding.
BACKGROUND:
San Joaquin One Voice is S) COG' s legislative advocacy program for San Joaquin County that promotes issues of regional significance to federal legislators and agencies through an annual advocacy trip to Washington, D. C. The purpose of the program is to advocate for increased funding and/ or new or amended legislation for issues and projects of regional significance to the San Joaquin region.
SJCOG is focusing the One Voice initiative on elevating regional projects and maximizing funding success. As a result, projects submitted to SJCOG will need to ensure they are clearly aligned with SJCOG' s legislative priorities and eligibility requirements for the discretionary and federal earmark programs.
Aligned with the thematic concept of Trade Corridors, CIP PS 06- 06 has a federal nexus and will enhance the transportation of goods to and from the City of Lathrop. 47 CITY MANAGER' S REPORT PAGE 2
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE SUBMITTAL OF LOUISE AVENUE AND INTERSTATE 5
INTERCHANGE CIP PS 06- 06 FOR THE 2024 SJCOG ONE VOICE PRO) ECT
NOMINATIONS
The City will pursue the amount below to partially support the total cost of this interchange:
Louise Avenue and I- 5 26. 677 million ( Design, Right- of- Way, and Interchan e Construction Phases
Staff recommends Council approve submittal of the interchange CIP PS 06- 06 to SJCOG as the City' s priority project for federal funding.
REASON FOR RECOMMENDATION:
CIP PS 06- 06 is currently in the environmental review phase and satisfies the required SJCOG One Voice project criteria. The project will provide improved access to the City' s residential, commercial and industrial areas.
FISCAL IMPACT:
The fiscal impact of submitting these projects is negligible. However, a future item will be brought to Council for the travel expenses related to staff and/ or Council One Voice trip attendance.
ATTACH M ENTS:
A. Resolution Approving Submittal of Louise Avenue and Interstate 5 Interchange CIP PS 06- 06 for the 2024 San Joaquin Council of Governments One Voice Project Nominations
48 CITY MANAGER' S REPORT PAGE 3
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE SUBMITTAL OF LOUISE AVENUE AND INTERSTATE 5
INTERCHANGE CIP PS 06- 06 FOR THE 2024 S,7COG ONE VOICE PROJECT
NOMINATIONS
APPROVALS:
I — 2- 2023
Angel Abarca Date
Assistant Engineer
I l/ z
Brad T ylor Date
City Engineer
l
l 0,, 3
Cari Ja e Date
Finance ctor
t1• 2 • ZoZ3
Michael King Date
Assistant City Manager
l_ ZY. 2. Z3
Salvador Navarrete Date
City Attorney
y ti3
S en J. Salvatore Date
City Manager
49 RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING SUBMITTAL OF THE LOUISE AVENUE AND INTERSTATE 5 INTYERCHANGE CIP PS 06- 06 FOR THE 2024 SAN JOAQUIN COUNCIL OF
GOVERNMENTS ONE VOICE PROJECT NOMINATIONS
WHEREAS, the San Joaquin One Voice is San Joaquin Council of Governments' SJCOG' s) legislative advocacy program for San Joaquin County that promotes issues of regional significance to federal legislators and agencies through an annual advocacy trip to Washington, D. C. The next trip is scheduled for May 5- 9, 2024; and WHEREAS, each jurisdiction in the County is allowed to submit local to regional projects that may be either transportation or non- transportation; and WHEREAS, SJCOG recommends that projects be aligned based on thematic concepts such as Environmental Sustainability, Trade Corridors, Innovation, Technology Growth Management, and Social Equity & Mobility; and WHEREAS, the Louise Avenue and Interstate 5 ( I- 5) Interchange Capital Improvement Project ( CIP) PS 06- 06 is currently at the environmental review phase and satisfies the required criteria; and
WHEREAS, staff recommends Council approve submittal of the Louise Avenue and I- 5 Interchange CIP PS 06- 06 to SJCOG as the City' s priority project for Federal funding and requests that Council approve the submittal to S) COG; and WHEREAS, a future item will be brought to Council for the travel expenses related to staff and/ or Council One Voice trip attendance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves the submittal of the Louise Avenue and Interstate 5 Interchange CIP PS 06- 06 project to SJCOG for the 2024 One Voice trip. 50 The foregoing resolution was passed and adopted this llth day of December 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 51 52
ITEM 4. 7
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE OUT- OF- STATE TRAVEL FOR CITY STAFF
TO ATTEND THE 2024 WORLD OF CONCRETE
TRADESHOW
RECOMMENDATION: Adopt Resolution Authorizing Out-of-State Travel for the Senior Construction Manager to Attend the
2024 World of Concrete Tradeshow in Las Vegas,
Nevada
SUMMARY:
The 2024 World of Concrete ( WOC) Tradeshow is the international tradeshow dedicated to the commercial concrete and masonry construction industries. The WOC offers comprehensive workshops options, including the latest technology, technical applications, business best practices, project management, and safetyrelevant topics. With the continued development and various capital improvement projects within the City valued at approximately $ 90 million per year, keeping City staff informed and up- to- date with the latest technology is important to ensure we are using the highest quality and most cost effective materials.
Aligned with the goals of keeping City staff informed and up- to- date on the latest material technology, the Assistant City Manager requests approval for the City' s Senior Construction Manager to attend the WOC tradeshow to be held in Las Vegas, Nevada from January 22, 2024 through January 25, 2024. WOC is the international tradeshow dedicated to the commercial concrete and masonry construction industries.
Staff requests City Council approve the out- of- state travel in Las Vegas, Nevada from January 22, 2024 to January 25, 2024 for the City' s Senior Construction Manager to attend the WOC 2024 Tradeshow. The estimated cost is $ 4, 500.
Sufficient funds were allocated in the approved FY 2023- 24 budget.
BACKGROUND:
WOC is the international tradeshow dedicated to the commercial concrete and masonry construction industries. WOC offers comprehensive workshops options, including the latest technology, technical applications, business best practices, project management, and safety- relevant topics. With the continued development and various capital improvement projects within the City valued at approximately 90 million per year, keeping City staff informed and up- to- date with the latest technology is important to ensure we are using the highest quality and most cost effective materials.
53 CITY MANAGER' S REPORT PAGE 2
DECEMBER il, 2023 CITY COUNCIL REGULAR MEETING
APPROVE OUT- OF- STATE TRAVEL FOR CITY STAFF TO ATTEND THE 2024
WORLD OF CONCRETE TRADESHOW
Staff requests City Council approve the out- of- state travel in Las Vegas, Nevada from January 22, 2024 to ) anuary 25, 2024 for the City' s Senior Construction Manager to attend the WOC 2024 Tradeshow. The estimated cost is $ 4, 500.
Sufficient funds were allocated in the approved FY 2023- 24 budget.
REASON FOR RECOMMENDATION:
With the continued development and various capital improvement projects within the City valued at approximately $ 90 million per year, keeping City staff informed and up- to- date with the latest technology is important to ensure we are using the highest quality and most cost effective materials. Additionally, per the City of Lathrop' s Travel Policy, staff requires City Council' s approval for out- of- state travel.
FISCAL IMPACT:
The estimated total cost of attending the WOC tradeshow is $ 4, 500. Sufficient funds were allocated in the approved FY 2023- 24 budget as approved by City Council.
ATTACH M ENTS:
A. A Resolution to Authorize Out- of-State Travel for the Senior Construction Manager to Attend the 2024 World of Concrete Tradeshow in Las Vegas, Nevada
54 CITY MANAGER' S REPORT PAGE 3
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE OUT- OF- STATE TRAVEL FOR CITY STAFF TO ATTEND THE 2024
WORLD OF CONCRETE TRADESHOW
APPROVALS:
12/ 4/ 2
Be lal Nabizadah Date
Assistant Engineer
I,2- l -2023
Ken Reed Date
Senior Construction Manager
f 2 - 1 7,023
Brad aylor Date
City Engineer
y; a-J: b
Cari ) ame Date
Finance Di ctor
t 2 - s- Zc Z-3
Michael King Date
Assistant City Manager
t y- zoz3
Salvador Navarrete Date
City Attorney
la •lo•1 3
Stephen J. Salvatore Date
City Manager
55 RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
AUTHORIZE OUT- OF- STATE TRAVEL FOR THE SENIOR CONSTRUCTION MANAGER TO ATTEND THE 2024 WORLD OF CONCRETE TRADESHOW IN LAS
VEGAS, NEVADA
WHEREAS, the 2024 World of Concrete ( WOC) Tradeshow is the international tradeshow dedicated to the commercial concrete and masonry construction industries); and
WHEREAS, the WOC offers comprehensive workshops options, including the latest technology, technical applications, business best practices, project management, and safety- relevant topics; and
WHEREAS, with the continued development and various capital improvement projects within the City valued at approximately $ 90 million per year, keeping City staff informed and up- to- date with the latest technology is important to ensure we are using the highest quality and most cost effective materials; and WHEREAS, staff is requesting out- of- state travel for the Senior Construction Manager to attend at the WOC 2024 Tradeshow; and
WHEREAS, aligned with the goals of keeping City staff informed and up- todate on the latest material technology, the Assistant City Manager requests approval for the City' s Senior Construction Manager to attend the WOC tradeshow to be held in Las Vegas, Nevada from January 22, 2024 through January 25, 2024; and WHEREAS, staff requests City Council approve the out- of- state travel in Las Vegas, Nevada from January 22, 2024 to January 25, 2024 for the City' s Senior Construction Manager to attend the WOC 2024 Tradeshow. The estimated cost is 4, 500; and
WHEREAS, sufficient funds have been allocated in the approved FY 2023- 24 budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop authorizes the out- of- state travel in Las Vegas, Nevada from January 22, 2024 to January 25, 2024 for the City' s Senior Construction Manager to attend the WOC 2024 Tradeshow.
56 The foregoing resolution was passed and adopted this 11t" day of December 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 57 58
ITEM 4. 8
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ANIMAL CENTER STAFFING RECOMMENDATIONS
RECOMMENDATION: Adopt a Resolution Removing the Animal Shelter Supervisor 7ob Description and Creating the Animal
Center Manager .7ob Description, Amending the
Grade/ Step Table and Position Control Roster and
Associated Budget Amendment
SUMMARY
On October 10, 2022 the City Council approved the buildout of Capital Improvement Project, GG 23- 06, Temporary Animal Center. Staff has worked diligently to make the temporary animal center a welcoming environment that protects the health and safety of the community and their pets. As the Animal Center has become operational staff has realized the importance of having a manager level position and additional Animal Center Assistant' s for the animal center's round the clock operations, including weekends and holidays.
The addition of the City' s own animal center necessitates oversight of complex day to day matters that arise in compliance with humane animal care. The Animal Center Manager is required to formulate policy and develop goals and objectives for the animal center. The position is also expected to advise the Police Chief and command staff on animal service operation issues. While at the same time ensuring for the proper care and treatment of animals by animal center assigned staff. Additionally, this position is responsible for organizing events aimed to facilitate pet adoptions, to avoid overcrowding at the animal center.
An update to the job classification for the existing Animal Shelter Supervisor is being recommended based on the operational needs of the facility. This job description will now have the title of Animal Center Manager to more accurately reflect the assignments and duties required to operate the City' s animal center. The new Animal Center Manager will be placed on the grade/ step table at a Grade 64. This action is consistent with other surrounding agencies and will ensure that the City can stafF the animal center with someone who possesses the qualifications required. The movement on the Grade/ Step table will not require a budget amendment for FY23- 24 due to the vacancy savings associated with the currently funded Animal Shelter Supervisor at Grade 53 being vacant.
The day to day operations of the Animal Center requires staffing seven days per week, including holidays, to meet the perpetual demands of operating the facility.
The City utilized temporary labor through an outside staffing agency in order to understand the staffing needs of the new facility. The Animal Center is currently operating with one supervisor and four assistants or equivalent. At this time, staff is requesting three ( 3) Animal Center Assistants to meet the objectives of the division and maintain minimum staffing at the Animal Center. The three additional positions will replace the temporary staffing and require a budget amendment in year one of 180, 000 to fund the remaining 6 months of the fiscal year. The grade movement of 59 CITY MANAGER' S REPORT PAGE 2
DECEMBER li, 2023 CITY COUNCIL REGULAR MEETING
ANIMAL CENTER STAFFING RECOMMENDATIONS
the Animal Center Manager and the additional staffing requested will require a budget amendment of $ 411, 700 in year two of the biennial budget.
BACKGROUN D:
On October 10, 2022 the City Council approved the buildout of Capital Improvement Project, GG 23- 06, Temporary Animal Center. StafF has worked diligently to make the temporary animal center a welcoming environment that protects the health and safety of the community and their pets. As the Animal Center has become operational staff has realized the importance of having a manager level position and additional Animal Center Assistant' s for the animal center' s round the clock operations, including weekends and holidays.
The addition of the City' s own animal center necessitates oversight of complex day to day matters that arise in compliance with humane animal care. The Animal Center Manager is required to formulate policy and develop goals and objectives for the animal center. While at the same time ensuring for the proper care and treatment of animals by animal center assigned staff. Additionally, this position is responsible for organizing events aimed to facilitate pet adoptions, to avoid overcrowding at the animal center.
An update to the job classification for the existing Animal Shelter Supervisor is being recommended based on the operational needs of the facility. This job description will now have the title of Animal Center Manager to more accurately reflect the assignments and duties required to operate the City' s animal center.
The new Animal Center Manager will be placed on the grade/ step table at a Grade
64. This action is consistent with other surrounding agencies and will ensure that the City can staff the animal center with someone who possesses the qualifications required. The movement on the Grade/ Step table will not require a budget amendment for FY23- 24 due to the vacancy savings associated with the currently funded Animal Shelter Supervisor at Grade 53 being vacant. Staff has looked at surrounding agency' s for comparable classification and compensation and the results are identified in the table below.
a
y , m
a t
Cit of Manteca Animal Services Su ervisor 93 695
P
ii li"`^ i+ v,, i rik't's i 9° r 9
San ) oa uin Count Animal Services Mana er 110 247
Cit of Lathro Animal Center Mana er 112, 684
The Animal Center Manager will work diligently to serve the public and animals of the City in a professional and well- organized manner with kindness and compassion. The Animal Center staff under their direction is dedicated to providing education, 60 CITY MANAGER' S REPORT PAGE 3
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ANIMAL CENTER STAFFING RECOMMENDATIONS
protection, and the humane treatment of animals in order to ensure a safe and healthy community and to promote the benefits of responsible pet ownership.
The day to day operations of the Animal Center requires staffing seven days per week, including holidays, to meet the perpetual demands of operating the facility.
The City utilized temporary labor through an outside staffing agency in order to understand the staffing needs of the new facility. The Animal Center is currently operating with one supervisor and four assistants or equivalent. At this time, staff is requesting three ( 3) Animal Center Assistants to meet the objectives of the division and maintain minimum staffing at the Animal Center. The three additional positions will replace the temporary staffing and require a budget amendment in year one of 180, 000 to fund the remaining 6 months of the fiscal year. The grade movement of the Animal Center Manager and the additional staffing requested will require a budget amendment of $ 411, 700 in year two of the biennial budget.
REASON FOR RECOMMENDATION:
Staff has identified the need to modify the organizational structure to meet the management and operational requirements of the City' s Temporary Animal Center facility, and the future permanent Animal Center facility.
FISCAL IMPACT:
If approved by Council, the movement on the Grade/ Step table will not require a budget amendment for FY 23- 24 due to the vacancy savings associated with the currently funded Animal Shelter Supervisor at Grade 53 being vacant. The three additional Animal Center Assistants will require a budget amendment in year one of 180, 000 to fund the remaining 6 months of the fiscal year. In future FY 24- 25 there will be an increase of $ 411, 700 in account 1010- 40- 20- 410- 11- 00 to fund the additional requested positions and the Animal Center Manager move at the top step of Grade 64 versus the existing top step of Grade 53.
Increase FY 23- 24 Expenditures
1010- 40- 20- 410- 1100 Salaries 180, 000
Increase FY24- 25 Expenditures
1010- 40- 20- 410- 1100 Salaries 411, 700
ATTAC H M E NTS:
A. Resolution Approving Removing the Animal Shelter Supervisor Job Description and Creating the Animal Center Manager Job Description, Amending the Grade/ Step Table and Position Control Roster and Associated Budget Amendment
B. Animal Center Manager ] ob Description, at Grade 64
C. Updated Grade Step Table
D. Updated Position Control Roster
61 CITY MANAGER' S REPORT PAGE 4
DECEMBER il, 2023 CITY COUNCIL REGULAR MEETING
ANIMAL CENTER STAFFING RECOMMENDATIONS
APPROVALS:
I
eresa Vargas Date
Government Services Director
City Clerk
Cari Jame Date
Finance D' ector
Z 1 IZoz3
Thomas Hedegard Date
Deputy City Manager
JoZ / 7 / f d
tep en Se Date
Interim Chief of Police
Z-)^ z.oZ3
Salvador Navarrete Date
City Attorney
l2 • 7 z
Ste en ]. Salvatore Date
City Manager
62 RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP REMOVING THE ANIMAL SHELTER SUPERVISOR ] OB DESCRIPTION AND CREATING THE ANIMAL CENTER MANAGER 70B DESCRIPTION, AMENDING THE GRADE/
STEP TABLE AND POSITION CONTROL ROSTER AND ASSOCIATED BUDGET
AMENDMENT
WHEREAS on October 10, 2022 the City Council approved the buildout of Capital Improvement Project, GG 23- 06, Temporary Animal Center; and WHEREAS, as the Animal Center has become operational staff has realized the importance of having a manager level position and additional Animal Center Assistant' s for the animal center' s round the clock operations, including weekends and holidays; and
WHEREAS, an update to the job classification for the existing Animal Shelter Supervisor is being recommended based on the operational needs of the facility. This job description will now have the title of Animal Center Manager to more accurately reflect the assignments and duties required to operate the City' s animal center; and WHEREAS, the new Animal Center Manager will be placed on the grade/ step table at a Grade 64. This action is consistent with other surrounding agencies and will ensure that the City can staff the animal center with someone who possesses the qualifications required; and
WHEREAS, staff has identified the need to modify the organizational structure to meet the management and operational requirements of the City' s Temporary Animal Center facility, and the future permanent Animal Center facility; and WHEREAS, the Animal Center Manager will work diligently to serve the public and animals of the City in a professional and well- organized manner with kindness and compassion. The Animal Center staff under their direction is dedicated to providing education, protection, and the humane treatment of animals in order to ensure a safe and healthy community and to promote the benefits of responsible pet ownership; and
WHEREAS, the day to day operations of the Animal Center requires staffing seven days per week, including holidays, to meet the perpetual demands of operating the facility. The City utilized temporary labor through an outside stafFing agency in order to understand the staffing needs of the new facility. The Animal Center is currently operating with one supervisor and four assistants or equivalent. At this time, staff is requesting three ( 3) Animal Center Assistants to meet the objectives of the division and maintain minimum staffing at the Animal Center.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby approve removing the Animal Shelter Supervisor) ob Description 63 and Creating the Animal Center Manager Job Description, Amending the Grade/ Step Table and Position Control Roster; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the following budget amendment to fund the Animal Center Manager position and three ( 3) additional Animal Center Assistants Increase FY 23- 24 Expenditures
1010- 40- 20- 410- 1100 Salaries 180, 000
Increase FY24- 25 Expenditures
1010- 40- 20- 410- 1100 Salaries 411, 700
64 The foregoing resolution was passed and adopted this 11th day of December 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 65 I
ANIMAL CENTER-_
ANA ER TTACHMENT " "
CITY OF LATHROP
ANIMAL- CENTER
MANAGER
Class specifications are only intended to present a descriptive summary of the range ofduties and responsibilities associated with specified positions. Therefore, specifications mav not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.
DEFINITION:
Under general direction, plans, organizes, directs, :+: ; r^;"' r supervises, g_and manages
the day-to- day activities and operations of the Lathrop Animal e Center within the Police Department, ,— including the compliance with applicable laws, regulations and policies related to the operation of a
city maintained animal center; ensures compliance with humane animal care, protection and related services; formulates policy and develops goals and objectives for the animal ske e center and proper care and treatment of animals; supervises staff assigned staff and volunteers; provides highly responsible and complex administrative assistance to the assigned department, and other departments/ agencies as needed; performs other related duties as assigned.
DISTINGUISHING CHARACTERISTICS:
The Animal er-vtse Center Manager the incumbent has
division level responsibility for administration of the City' s Animal e e Center services and programs, including coordinating and monitoring the facility budget and er rsprocurement; managing animal behavioral assessments, animal adoption and placement programs; compiling information and preparing a variety of regulatory and compliance reports related to federal and I state regulations for animal ske e centers or shelters. Responsible for the effective supervision and administration of assigned staff including staff recruitment, development and training, performance evaluations, employee relations, prioritizing and assigning work, and related activities; may provide work direction for a variety of volunteers. It is distin uished from the Animal Center Assistant in that it has pro r plannin ,g management and administration responsibilities for the entire Animal Center Division.
SUPERVISION RECEIVED AND EXERCISED:
This position is part of the Animal Center Division, within the Lathrop Police Department. Incumbent receives general direction from the Chief of Police, or desi. Exercises direct supervision over animal s e e center staff or volunteers.
ESSENTIAL FUNCTIONS: ( include but are not limited to thefollowin I Knowledge advanced princi les and practices of animal services mana ement, includin knowled e of federal, state and local laws, codes, ordinances, policies and procedures relevant to animal I
s e e centers to include custodial and remedial care, licensingi recover adoptions, placement, quarantine, euthanasia, animal behavior pro er grooming, — and si other related animal care.
Knowledge of the proper use, secure storage and disposal of lethal chemicals, syringes and related equipment.
Plans, organizes, coordinates, administers and directs the work of the Animal Center Division, and assigned faciliti and ig e staff; develops and directs the implementation of goals, objectives, policies, procedures and work standards accarding to related regulations; develops and oversees I Resolution 2 3-
66 I
ANIMAL., F# CENTER-_
ANAGER
humane educational programs.
Cooperates, coordinates, and supports the field work of the Community Service Officers in the enforcement and compliance of animal control laws and regulations, including care, control, impounding, licensing, collection of fees, disposal and education programs; develops, plans and implements ge ec# spay and neuter programs in coordination with the Community Service Officers.
Knowledge of occupational hazards, safety precautions, and safety regulations related to effective I
animal care, maintaining sanitary conditions, rotocols for otentially dangerous and vicious animals, quarantine requirements, disease control, and overall health of center animals, and other work related precautions.
Prepares a variety of reports related to short and long range City animal care and service needs, and develops specific proposals to meet them; develops programs and strategies for decreasing animal euthanasia.
Coordinates and contracts professional services for animal veterinary care, including medicine and treatment; administers prescri tion medicine and over the counter medicinal procedures under the care of a licensed veterinary processional; coordinates enforcement activities with surrounding organizations and agencies.
Coordinates the selection, orientation, training and evaluation programs for assigned personnel; provides and/ or coordinates staff training; provides positive motivation for employee performance; identifies and resolves staff deficiencies; fulfills discipline procedures; reviews the work of staff to ensure compliance with applicable state and local laws, codes and regulations; recruits s13e e center volunteers, coordinates, and oversees their activities.
Ensures compliance with section activities to pertinent codes, ordinances, regulations and guidelines; coordinates with City Attorney on matters pertaining to enforcement, compliance, prosecution, and I changes to local and state laws applicable to animal services, care and s e te center management.
Trains staff in the application of various animal restraint methods for the care of centered animals and the use of appropriate outcomes for s e e centered animals prepares staffin schedules; and maintains adequate covera e during hours of operations, weekends and holidays,:
Oversees and participates in the development of the annual budget; participates in the forecast of necessary funds for staffing, materials, services and supplies; administers and monitors the approved division budget; discusses and resolves budget issues with appropriate staff; implements adjustments as necessary.
Provides technical and professional advice; prepares and coardinates reports and presentations on current animal center services and licensing related issues for City Council, City Manager, community groups and enforcement agencies.
Monitors and keeps informed of current trends in the field of animal licensing, enforcement and animal care, including legislation, court rulings, and professional practices and techniques; evaluates their impact and recommends policy and procedural modifications accordingly.
Responds to the most complex and difficult complaints, inquiries and requests related to animal sl el e center services, licensing, animal nuisance and care issues; provides information and resolves service issues and complaints; represents the Division with other City departments, other agencies, civic groups and the public; makes public presentations needed.
Resolution 2 3-
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ANIMAL£ CENTER-_
ANAGER
Prepares various reports on operations and activities; maintains records related to citations and licensing of animals.
Appears and testifies in court as required.
Establishes positive working relationships with representatives of law enforcement organizations, state/ local agencies and associations, City management and staff, and the public; coordinates special events with local and regional agencies and jurisdiction related to education on animal care, foster programs and permanent adoptions.
Preforms other duties as required, or as assigned.
PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS:
Tasks require the regular and, at times, sustained performance of moderately physically demanding work.
Position requires prolonged sitting, running, standing, walking on level and slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping, repetitive hand movement, climbing fences, and crawling under houses in the performance of daily duties. The position also requires both near and far vision when performing investigations, operating assigned equipment and reading correspondence, statistical data and using a computer. The need to lift, carry and push animals and supplies weighing 100 pounds or more, with the proper lifting carrying, pushing and/ or pulling techniques to minimize risk, may also be required. Some tasks require the ability to perceive and discriminate sounds, depth, texture, and visual cues or signals. Additionally, the incumbent may be required to work outdoors in all weather conditions, including adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, weather, temperature and noise extremes, hazardous materials, brighddim lights, toxic agents, disease, or pathogenic substances. The incumbent may be exposed to waste and infectious materials, and use cleaning chemicals, which may expose the employee to fumes, dust and air contaminants. The nature of the work also requires the incumbent to handle aggressive and biting animals/wildlife attacks; handle and move dead animals; drive motorized vehicles, work in heavy vehicle traffic conditions, and often work with constant interruptions.
Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.
QUALIFICATIONS: ( The following are minimal qualifications necessary for entry into the classification.)
Education and/ or Experience:
Any combination of education and experience that has provided the knowledge, skills and abilities necessary for an Animal£ ke e Center er ise ManaEer. A typical way of obtaining the required qualifications is to possess the equivalent of five years of experience in animal handling and care in an animal hospital, s e e center, or related animal facility is preferred, including two years in the enforcement of animal control regulations and six months of administrative and supervisory experience, and an associate of arts degree with coursework in animal science biology, animal behavior, police science, public administration or a related field.
License/ Certificate:
Possession of, or ability to obtain, a valid Class C California driver' s license.
I Resolution 2 3-
68 I
ANIMAL CENTER-_
ANAGER
Possession of, or the ability to obtain, a P. C. 832 P. O. S. T Certificate issued by the State of California is highly desirable.
Possession of, or the ability to obtain, a Euthanasia Certificate.
Possession of, or the ability to obtain, a child abuse reporting certificate( Penal Code 11166. 5).
KNOWLEDGE/ ABILITIES: (' 1'he following are a representative sample of the KSA' s necessary to perform essential duties ofthe position.)
Knowled e of:
Modern principles and practice of management relating to animal services operations; various breeds of dogs, cats, and other domestic animals; safe and efficient methods of handling dogs and other small animals; principles and practices of program and budget development, administration and evaluation; methods of animal collection and impoundment; animal control laws and ordinances; common animal injuries, diseases and methods of control; techniques and methods for the treatment and euthanasia of animals; basic knowledge of child abuse reporting procedures and requirements; basic knowledge of court procedures as they relate to providing testimony regarding animal control cases; methods and techniques of supervision, training and motivation; basic principles of mathematics; applicable federal, state and local laws, codes and regulations; methods and techniques of scheduling work assignments; standard office procedures, practices and equipment; modern office practices, methods and equipment, including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling and grammar; occupational hazards and standard safety practices.
Abilitv to•
Plan, organize, direct and evaluate the work of subordinate staff; read, understand, interpret and explain ordinances, policies, and enforcement procedures; enforce animal control laws and regulations; recognize normal and abnormal animal behavior; utilize proper capturing, handling and muzzling techniques; administer first aid and lethal injections to animals; deal effectively with aggressive pet owners and others in the issuance of citations and impounding of animals; work cooperatively with other departments, outside agencies, and the general public; meet appropriate physical demands necessary for adequate job performance; perform a variety ofanimal control activities; plan, organize, train, evaluate and direct work of assigned staff; perform mathematical calculations quickly and accurately; interpret, explain and apply applicable laws, codes and regulations; read, interpret and record data accurately; organize, prioritize and follow- up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue, and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.
Historical Data
Position Adopted by Resolution: 23-
FLSA Status: Exempt
LMCEA Bargaining Unit
I Resolution 2 3-
69 il C1 1 b 1
CITY OF LATHROP Adopted by Resolution No. 23-
FOR REFERENCEUS C V
EffDl% 11/ 20 3LE
20 hourly $ 15. 7899 $ 16. 5795 $ 17. 4086 $ 18. 2789 $ 19. 1928 bi- weekly 1, 263 1, 326 1, 393 1, 462 1, 535
monthly 2, 737 2, 874 3, 017 3, 168 3, 327
annual 32, 843 34, 485 36, 210 38, 020 39, 921
21 hourly $ 16. 1847 $ 16. 9941 $ 17. 8436 $ 18. 7358 $ 19. 6727 bi- weekly 1, 295 1, 360 1, 427 1, 499 1, 574
monthly 2, 805 2, 946 3, 093 3, 248 3,410
annual 33, 664 35, 348 37, 115 38, 970 40,919
22 hourly $ 16. 5888 $ 17. 4185 $ 18. 2892 $ 19. 2037 $ 20. 1637 bi- weekly 1, 327 1, 393 1, 463 1, 536 1, 613
monthly 2, 875 3, 019 3, 170 3, 329 3, 495
annual 34, 505 36, 230 38, 042 39, 944 41, 941
23 hourly $ 17. 0040 $ 17. 8543 $ 18. 7470 $ 19. 6846 $ 20. 6684 bi- weekly 1, 360 1, 428 1, 500 1, 575 1, 653
monthly 2, 947 3, 095 3, 249 3, 412 3, 583
annual 35, 368 37, 137 38, 994 40, 944 42, 990
24 hourly $ 17. 4294 $ 18. 3009 $ 19. 2156 $ 20. 1764 $ 21. 1852 bi- weekly 1, 394 1, 464 1, 537 1, 614 1, 695
monthly 3, 021 3, 172 3, 331 3, 497 3, 672
annual 36, 253 38, 066 39, 968 41, 967 44, 065
25 hourly $ 17. 8651 $ 18. 7580 $ 19. 6959 $ 20. 6809 $ 21. 7151 bi- weekly 1, 429 1, 501 1, 576 1, 654 1, 737
monthly 3, 097 3, 251 3, 414 3, 585 3, 764
annual 37, 159 39, 017 40, 967 43, 016 45, 167
26 hourly $ 18. 3116 $ 19. 2272 $ 20. 1885 $ 21. 1978 $ 22. 2577 bi- weekly 1, 465 1, 538 1, 615 1, 696 1, 781
monthly 3, 174 3, 333 3, 499 3, 674 3, 858
annual 38,088 39, 993 41, 992 44, 091 46, 296
27 RECREATION LEADER UNREP hourly $ 18. 7693 $ 19. 7078 $ 20. 6935 $ 21. 7282 $ 22. 8144 bi- weekly 1, 502 1, 577 1, 655 1, 738 1, 825
monthly 3, 253 3, 416 3, 587 3, 766 3, 955
annual 39, 040 40, 992 43, 043 45, 195 47, 454
28 hourly $ 19. 2385 $ 20. 2004 $ 21. 2105 $ 22. 2710 $ 23. 3848 bi- weekly 1, 539 1, 616 1, 697 1, 782 1, 871
monthly 3, 335 3, 501 3, 676 3, 860 4, 053
annual 40, 016 42, 017 44, 118 46,324 48, 640
29 hourly $ 19. 7196 $ 20. 7056 $ 21. 7408 $ 22. 8278 $ 23. 9693 bi- weekly 1, 578 1, 656 1, 739 1, 826 1, 918
monthly 3, 418 3,589 3, 768 3, 957 4, 155
annual 41, 017 43, 068 45, 221 47, 482 49,856
30 hourly $ 20. 2125 $ 21. 2231 $ 22. 2842 $ 23. 3984 $ 24. 5684 bi- weekly 1, 617 1, 698 1, 783 1, 872 1, 965
monthly 3, 504 3, 679 3, 863 4, 056 4, 259
annual 42, 042 44, 144 46, 351 48, 669 51, 102
31 hourly $ 20. 7179 $ 21. 7536 $ 22. 8414 $ 23. 9833 $ 25. 1826 bi- weekly 1, 657 1, 740 1, 827 1, 919 2, 015
monthly 3, 591 3, 771 3, 959 4, 157 4,365
annual 43, 093 45, 248 47, 510 49, 885 52, 380
32 OFFICE ASSISTANT I SEIU hourly $ 21. 2358 $ 22Z974 $ 23. 4125 $ 24. 5827 $ 25. 8121 SENIOR RECREATION LEADER SEIU bi- weekly 1, 699 1, 784 1, 873 1, 967 2, 065 monthly 3, 681 3, 865 4, 058 4, 261 4, 474
annual 44, 170 46, 379 48, 698 51, 132 53, 689
33 hourly $ 21. 7666 $ 22. 8549 $ 23. 9976 $ 25. 1977 $ 26. 4575 bi- weekly 1, 741 1, 828 1, 920 2, 016 2, 117
monthly 3, 773 3,962 4, 160 4, 368 4, 586
annual 45, 274 47, 538 49, 915 52, 411 55, 032
34 hourly $ 22. 3108 $ 23. 4265 $ 24. 5979 $ 25. 8279 $ 27. 1189 bi- weekly 1, 785 1, 874 1, 968 2, 066 2, 170
monthly 3, 867 4, 061 4, 264 4, 477 4, 701
annual 46, 406 48, 727 51, 164 53, 722 56, 407
35 OFFICE ASSISTANT II SEIU hourly $ 22. 8688 $ 24. 0119 $ 25. 2125 $ 26. 4730 $ 27.7968 bi- weekly 1, 830 1, 921 2, 017 2, 118 2, 224
monthly 3, 964 4, 162 4, 370 4, 589 4, 818
annual 47, 567 49,945 52,442 55, 064 57, 817
Page
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CITY OF LATHROP Adopted by Resolution No. 23-
GRADE- STEP TABLE
FOR REFERENCE USE ONL Y Eff. 12/ 11/ 2023
36 hourly $ 23. 4405 $ 24. 6122 $ 25. 8431 $ 27. 1350 $ 28. 4918 bi- weekly 1, 875 1, 969 2, 067 2, 171 2, 279
monthly 4, 063 4, 266 4, 479 4, 703 4,939
annual 48, 756 51, 193 53, 754 56, 441 59, 263
37 RECREATION SPECIALIST SEIU hourly $ 24. 0262 $ 25. 2274 $ 26. 4889 $ 27. 8136 $ 29. 2039 SPECIAL ASSISTANT SEIU bi- weekly 1, 922 2, 018 2, 119 2, 225 2, 336 ANIMAL CENTER ASSISTANT SEIU monthly 4, 165 4, 373 4, 591 4, 821 5, 062 annual 49, 974 52, 473 55, 097 57, 852 60, 744
38 hourly $ 24. 6272 $ 25. 8584 $ 27. 1511 $ 28. 5086 $ 29. 9342 bi- weekly 1, 970 2, 069 2, 172 2, 281 2, 395
monthly 4, 269 4, 482 4, 706 4, 941 5, 189
annual 51, 225 53, 785 56, 474 59, 298 62, 263
39 hourly $ 25. 2427 $ 26. 5049 $ 27. 8299 $ 29. 2216 $ 30. 6823 bi- weekly 2, 019 2, 120 2, 226 2, 338 2, 455
monthly 4, 375 4, 594 4, 824 5, 065 5, 318
annual 52, 505 55, 130 57, 886 60, 781 63, 819
40 hourly $ 25. 8740 $ 27. 1677 $ 28. 5260 $ 29. 9521 $ 31. 4496 bi- weekly 2, 070 2, 173 2, 282 2, 396 2, 516
monthly 4, 485 4, 709 4, 945 5, 192 5, 451
annual 53, 818 56, 509 59, 334 62, 300 65, 415
41 ADMINISTRATIVE ASSISTANT I SEIU hourly $ 26. 5206 $ 27. 8466 $ 29. 2390 $ 30. 7009 $ 32. 2358 MAINTENANCE WORKER I SEIU bi- weekly 2, 122 2, 228 2, 339 2, 456 2, 579 WATER ME7ER READER I SEIU monthly 4, 597 4, 827 5, 068 5, 321 5, 588 annual 55, 163 57, 921 60, 817 63, 858 67, 050
42 CUSTOMER SERVICE REPRESENTATIVE I SEIU hourly $ 27. 1835 $ 28. 5427 $ 29. 9702 $ 31. 4685 $ 33. 0422 bi- weekly 2, 175 2, 283 2, 398 2, 517 2, 643
monthly 4, 712 4, 947 5, 195 5, 455 5, 727
annual 56, 542 59, 369 62, 338 65, 455 68, 728
43 POLICE OFFICER TRAINEE NON- SWORN hourly $ 27. 8628 $ 29. 2564 $ 30. 7191 $ 32. 2551 $ 33. 8677 POLICE RECORDS ASSISTANT I SEIU bi- weekly 2, 229 2, 341 2, 458 2, 580 2, 709 monthly 4, 830 5, 071 5, 325 5, 591 5, 870
annual 57, 955 60,853 63, 896 67, 091 70, 445
44 INFORMATION TECHNOLOGY TECHNICIAN SEIU hourly $ 28. 5596 $ 29. 9878 $ 31. 4872 $ 33. 0615 $ 34. 7147 bi- weekly 2, 285 2, 399 2, 519 2, 645 2, 777
monthly 4, 950 5, 198 5, 458 5, 731 6, 017
annual 59, 404 62, 375 65, 493 68, 768 72, 206
45 ADMINISTRATIVE ASSISTANT II SEIU hourly $ 29. 2736 $ 30. 7373 $ 32. 2743 $ 33. 8881 $ 35. 5825 MAINTENANCE WORKER II SEIU bi- weekly 2, 342 2, 459 2, 582 2, 711 2, 847 RECREATION COORDINATOR SEIU monthly 5, 074 5, 328 5, 594 5, 874 6, 168 WATER METER READER II SEIU annual 60, 889 63, 934 67, 130 70, 487 74, 012 46 POLICE RECORDS ASSISTANT II SEIU hourly $ 30. 0058 $ 31. 5059 $ 33. 0810 $ 34. 7354 $ 36. 4719 bi- weekly 2, 400 2, 520 2, 646 2, 779 2, 918
monthly 5, 201 5, 461 5, 734 6, 021 6, 322
annual 62, 412 65, 532 68, 809 72, 250 75, 861
47 ADMINISTRATNE ASSISTANT III SEIU hourly $ 30. 7555 $ 32. 2937 $ 33. 9081 $ 35. 6034 $ 37. 3836 ADMINISTRATIVE TECHNICIAN 1 SEIU bi- weekly 2, 460 2, 583 2, 713 2, 848 2, 991 HUMAN RESOURCES TECHNICIAN SEIU monthly 5, 331 5, 598 5, 877 6, 171 6, 480 PERMITTECHNICIAN I SEIU annual 63, 971 67, 171 70, 529 74, 055 77, 758 48 MAINTENANCE WORKER III SEIU hourly $ 31. 5247 $ 33. 1011 $ 34. 7558 $ 36. 4935 $ 38. 3185 SOLID WASTE& RESOURCE CONSERV. COOR SEIU bi- weekly 2, 522 2, 648 2, 780 2, 919 3, 065 montnly 5, 464 5,/ 3ti b, UL4 6, 3Zb 6,641
annual 65, 571 68, 850 72, 292 75, 906 79, 703
49 CUSTOMER SERVICE REPRESENTAIIVE II SEIU hourly $ 32. 3127 $ 33. 9283 $ 35. 6250 $ 37. 4063 $ 39. 2765 PROPERTY AND EVIDENCE TECHNICIAN SEIU bi- weekly 2, 585 2, 714 2, 850 2, 993 3, 142 monthly 5, 601 5, 881 6, 175 6, 484 6,808
annual 67, 210 70, 571 74, 100 77, 805 81, 695
50 ENGINEERING TECHNICIAN I SEIU hourly $ 33. 1205 $ 34. 7765 $ 36. 5155 $ 38. 3411 $ 40. 2583 bi- weekly 2, 650 2, 782 2, 921 3, 067 3, 221
monthly 5, 741 6, 028 6, 329 6, 646 6,978
annual 68, 891 72, 335 75, 952 79, 749 83, 737
51 ADMINISTRATIVE TECHNICIAN II SEIU hourly $ 33. 9487 $ 35. 6464 $ 37.4285 $ 39. 3000 $ 41. 2648 CRIME& INTELLIGENCE ANALYST SEIU bi- weekly 2, 716 2, 852 2, 994 3, 144 3, 301 PERMITTECHNICIAN II SEIU monthly 5, 884 6, 179 6, 488 6,812 7, 153 SENIOR ADMINISTRATNE ASSISTANT LMCEA annual 70,613 74, 144 77, 851 81, 744 85, 831
SENIOR CUSTOMER SERVICE REP SEIU
Page
712 of 6
CITY OF LATHROP Adopted by Resolution No. 23-
GRADE- STEP TABLE
FOR REFERENCE USE ONL Y Eff. 12/ 11/ 2023
52 ACCOUNTANT I SEIU hourly $ 34. 7972 $ 36. 5369 $ 38. 3639 $ 40. 2820 $ 42. 2962 BUILDING INSPECTOR I SEIU bi- weekly 2, 784 2, 923 3, 069 3, 223 3, 384 COMMUNITY SERVICE OFFICER I SEIU monthly 6, 032 6, 333 6, 650 6, 982 7, 331 HR ANALYST I LMCEA annual 72, 378 75, 997 79, 797 83, 787 87, 976
UTILITY OPERATOR I SEIU
53 CONSTRUCTION INSPECTOR I SEIU hourly $ 35. 6673 $ 37. 4503 $ 39. 3228 $ 41. 2891 $ 43. 3538 POLICE RECORDS SUPERVISOR LMCEA bi- weekly 2, 853 2, 996 3, 146 3, 303 3, 468 LEGAL SECRETARY LMCEA monthiy 6, 182 6, 491 6, 816 7, 157 7, 515 A IT A1 CI11] CD\/ TCl1D annual 74, 188 77, 897 81, 791 85, 881 90, ll6 54 ENGINEERING TECHNICIAN II SEIU hourly $ 36. 5588 $ 38. 3868 $ 40. 3060 $ 42. 3214 $ 44. 4376 EXECUTIVE ASSISTANT LMCEA bi- weekly 2, 925 3, 071 3, 224 3, 386 3, 555 monthly 6, 337 6, 654 6, 986 7, 336 7, 703
annual 76, 042 79, 845 83, 836 88, 028 92, 430
55 BUILDING INSPECTOR II SEIU hourly $ 37. 4729 $ 39. 3465 $ 41. 3138 $ 43. 3793 $ 45. 5484 COMMUNITY SERVICE OFFICER II SEIU bi- weekly 2,998 3, 148 3, 305 3, 470 3,644 PERMITTECHNICIAN III SEIU monthly 6,495 6, 820 7, 161 7, 519 7, 895 SENIOR ACCOUNTING TECHNICIAN SEIU annual 77, 944 81, 841 85, 933 90, 229 94, 741 56 ACCOUNTANT II SEIU hourly $ 38. 4098 $ 40. 3301 $ 42. 3467 $ 44. 4642 $ 46. 6871 DEPUTY CITY CLERK LMCEA bi- weekly 3, 073 3, 226 3, 388 3, 557 3, 735 HR ANALYST II LMCEA monthly 6, 658 6, 991 7, 340 7, 707 8, 092 MANAGEMENT ANALYST I( CONFIDENTIAL) LMCEA annual 79, 892 83, 887 88, 081 92, 486 97, 109
UTILITY OPERATOR II SEIU
57 CONSTRUCTION INSPECTOR II SEIU hourly $ 39. 3698 $ 41. 3383 $ 43. 4054 $ 45. 5754 $ 47. 8544 CUSTOMER SERVICE SUPERVISOR LMCEA bi- weekly 3, 150 3, 307 3,472 3, 646 3, 828 LEGAL ASSISTANT LMCEA monthly 6, 824 7, 165 7, 524 7, 900 8, 295 PARKS& RECREATION SUPERVISOR LMCEA annual 81, 889 85, 984 90, 283 94, 797 99, 537 58 ASSISTANT PLANNER SEIU hourly $ 40. 3541 $ 42. 3718 $ 44. 4905 $ 46. 7147 $ 49. 0508 JUNIOR ENGINEER SEIU bi- weekly 3, 228 3, 390 3, 559 3, 737 3, 924 SENIOR ENGINEERING TECHNICIAN SEIU monthly 6, 995 7, 344 7, 712 8, 097 8, 502 ELECTRICIAN/ INSTRUMENTTECH SEIU annual 83, 936 88, 133 92, 540 97, 167 102, 026 59 BUILDING INSPECTOR III SEIU hourly $ 41. 3630 $ 43. 4312 $ 45. 6026 $ 47. 8825 $ 50. 2770 CHIEF UTtLITY OPERATOR SEIU bi- weekly 3,309 3, 474 3, 648 3, 831 4, 022 COMMUNITY SERVICE OFFICER III SEIU monthly 7, 170 7, 528 7, 904 8, 300 8, 715 LANDSCAPE& IRRIGATION SPECIALIST LMCEA annual 86, 035 90, 337 94, 853 99, 596 104, 576
MAINTENANCE SERVICES SUPERVISOR LMCEA
60 EXECUTNE ASSIST TO THE CITY MANAGER LMCEA hourly $ 42. 3973 $ 44. 5171 $ 46. 7429 $ 49. 0801 $ 51. 5339 INFORMATION TECHNOLOGY ENGINEER I LMCEA bi- weekly 3, 392 3, 561 3, 739 3, 926 4, 123 MANAGEMENT ANALYST II( CONFIDENTIAL) LMCEA monthly 7, 349 7, 716 8, 102 8, 507 8, 933 annual 88, 186 92, 596 97, 225 102, 087 107, 191
61 CONSTRUCTION INSPECTOR III SEIU hourly $ 43. 4569 $ 45. 6300 $ 47. 9112 $ 50. 3068 $ 52. 8222 POLICE SERVICES MANAGER LMCEA bi- weekly 3, 477 3, 650 3, 833 4, 025 4,226 UTILITY MAINTENANCE SUPERVISOR LMCEA monthly 7, 533 7, 909 8, 305 8, 720 9, 156 UTILITY OPERATOR III SEIU annual 90, 390 94, 910 99, 655 104, 638 109, 870 62 WW TREATMENT PLANT SUPERVISOR LMCEA hourly $ 44. 5434 $ 46. 7707 $ 49. 1090 $ 51. 5647 $ 54. 1427 bi- weekly 3, 563 3, 742 3, 929 4, 125 4, 331
monthly 7, 721 8, 107 8, 512 8, 938 9, 385
annual 92, 650 97, 283 102, 147 107, 254 112, 617
63 ASSOCIATE PLANNER SEIU hourly $ 45. 6571 $ 47. 9399 $ 50. 3370 $ 52. 8535 $ 55. 4962 SENIOR BUILDING INSPECTOR SEIU bi- weekly 3, 653 3, 835 4, 027 4,228 4, 440 monthly 7, 914 8, 310 8, 725 9, 161 9, 619
annual 94, 967 99, 715 104, 701 109, 935 115, 432
64 ASSISTANT ENGINEER SEIU hourly $ 46. 7983 $ 49. 1381 $ 51. 5952 $ 54. 1752 $ 56. 8837 COMPLIANCE ENGINEER SEIU bi- weekly 3, 744 3, 931 4, 128 4, 334 4, 551 PARKS AND FACILITIES MANAGER LMCEA monthly 8, 112 8, 517 8, 943 9,390 9, 860 PARKS AND REC ADMINISTRATOR SEIU annual 97, 341 102, 207 107, 318 112, 684 118, 318
RECREATION MANAGER LMCEA
STREEfS AND OPERATIONS MANAGER LMCEA
ANIMAL CENTER MANAGER LMCEA
65 BUDGET MANAGER LMCEA hourly $ 47. 9684 $ 50. 3670 $ 52. 8851 $ 55. 5294 $ 58. 3061 POLICE OFFICER SWORN bi- weekly 3, 837 4, 029 4, 231 4, 442 4,664 SENIOR ACCOUNTANT LMCEA monthly 8, 315 8, 730 9, 167 9, 625 10, 106 a n n u a I 99, 774 104, 763 110, 001 115, 5 01 121, 277 Page
723 of 6
CITY OF LATHROP Adopted by Resolution No. 23-
GRADE- STEP TABLE
FOR REFERENCE USE ONL Y Eff. 12/ 11/ 2023
66 hourly $ 49. 1676 $ 51. 6259 $ 54. 2073 $ 56. 9175 $ 59. 7638 bi- weekly 3, 933 4, 130 4, 337 4, 553 4, 781
monthly 8, 522 8, 948 9, 396 9, 866 10, 359
a n n u a l 102, 2 69 107, 382 112, 7 51 118, 388 124, 309 67 COMMUNTf`l SERVICES SUPERVISOR LMCEA hourly $ 50. 3967 $ 52. 9168 $ 55. 5624 $ 58. 3410 $ 61. 2575 HUMAN RESOURCES MANAGER IXEMPT bi- weekly 4, 032 4, 233 4, 445 4, 667 4, 901 INFORMATION TECHNOLOGY ENGINEER II LMCEA monthly 8, 735 9, 172 9, 631 10, 112 10,618 SENIOR MANAGEMENT ANALYST LMCEA annual 104, 825 110, 067 115, 570 121, 349 127, 416
SPECIAL DISTRICTS MANAGER LMCEA
68 PERMIT AND PLAN CHECK SUPERVISOR LMCEA hourly $ 51. 6565 $ 54. 2396 $ 56. 9514 $ 59. 7991 $ 62. 7892 bi- weekly 4, 133 4, 339 4, 556 4, 784 5, 023
monthly 8, 954 9, 402 9, 872 10, 365 10, 883
annual 107, 445 112, 818 118, 459 124, 382 130,602
69 SENIOR PLANNER LMCEA hourly $ 52. 9481 $ 55. 5955 $ 58. 3755 $ 61. 2941 $ 64. 3587 UTILITY PLANT SUPERVISOR LMCEA bi- weekly 4, 236 4,448 4, 670 4, 904 5, 149 monthly 9, 178 9,637 10, 118 10, 624 11, 156
annual 110, 132 115, 639 121, 421 127, 492 133, 866
70 ASSOCIATE ENGINEER SEIU hourly $ 54. 2720 $ 56.9857 $ 59. 8346 $ 62. 8265 $ 65. 9677 bi- weekly 4, 342 4, 559 4, 787 5, 026 5, 277
monthly 9, 407 9,878 10, 371 10, 890 11, 434
annua I 112, 886 118, 530 124, 456 130, 679 137, 213
71 INFORMATION TECH ENGINEER III LMCEA hourly $ 55. 6289 $ 58. 4100 $ 61. 3306 $ 64. 3969 $ 67. 6168 PARKS AND REC SUPERINTENDENT LMCEA bi- weekly 4, 450 4, 673 4, 906 5, 152 5, 409 monthly 9,642 10, 124 10, 631 11, 162 11, 720
annual 115, 708 121, 493 127, 568 133, 946 140,643
72 POLICE SERGEANT SWORN hourly $ 57. 0195 $ 59. 8704 $ 62. 8640 $ 66. 0070 $ 69. 3074 bi- weekly 4, 562 4, 790 5, 029 5, 281 5, 545
monthly 9, 883 10, 378 10, 896 11, 441 12, 013
annual 118, 600 124, 530 130, 757 137, 295 144, 159
73 ASSISTANT CHIEF BUILDING OFFICIAL LMCEA hourly $ 58. 4447 $ 61. 3670 $ 64. 4356 $ 67. 6572 $ 71. 0400 bi- weekly 4, 676 4, 909 5, 155 5, 413 5, 683
monthly 10, 130 10, 637 11, 169 11, 727 12, 314
a n n u a l 121, 565 127, 643 134, 026 140, 727 147, 763 74 CITY CLERK EXEMPT hourly $ 59. 9062 $ 62. 9013 $ 66.0461 $ 69. 3486 $ 72. 8159 FINANCE MANAGER LMCEA bi- weekly 4, 792 5, 032 5, 284 5, 548 5, 825 PRINCIPAL PLANNER LMCEA monthly 10, 384 10, 903 11, 448 12, 020 12, 621 SENIOR CIVIL ENGINEER LMCEA annual 124, 605 130, 835 137, 376 144, 245 151, 457 75 hourly $ 61. 4039 $ 64. 4739 $ 67.6973 $ 71. 0824 $ 74. 6363 bi- weekly 4, 912 5, 158 5, 416 5, 687 5, 971
monthly 10, 643 11, 175 11, 734 12, 321 12, 937
annual 127,720 134, 106 140, 810 147, 851 155, 243
76 ACCOUNTING MANAGER LMCEA hourly $ 62. 9387 $ 66. 0858 $ 69. 3898 $ 72. 8594 $ 76. 5023 CONSTRUCTION SUPERINTENDENT LMCEA bi- weekly 5, 035 5, 287 5, 551 5, 829 6, 120 DEPUTY DIRECTOR OF PARKS, REC& MAINT LMCEA monthly 10, 909 11, 455 12, 028 12, 629 13, 260 PARKS PROJECT MANAGER LMCEA annual 130, 913 137, 458 194, 331 151, 548 159, 125
PROJECTS MANAGER LMCEA
UTILITY OPERATIONS SUPERINTENDENT LMCEA
77 ASSISTANT CITY AITORNEY IXEMPT hourly $ 64. 5119 $ 67. 7378 $ 71. 1246 $ 74. 6807 $ 78. 4149 bi- weekly 5, 161 5, 419 5, 690 5, 974 6, 273
monthly 11, 182 11, 741 12, 328 12, 945 13, 592
annual 134, 185 140, 895 147, 939 155, 336 163, 103
78 DEPUTY FINANCE DIRECTOR LMCEA hourly $ 66. 1252 $ 69. 4311 $ 72. 9028 $ 76. 5478 $ 80. 3755 bi- weekly 5, 290 5, 554 5, 832 6, 124 6, 430
monthly 11, 462 12, 035 12, 636 13, 268 13, 932
annual 137, 540 144, 417 151, 638 159, 219 167, 181
79 ECONOMIC DEV ADMINISTRATOR LMCEA hourly $ 67. 7782 $ 71. 1668 $ 74. 7257 $ 78. 4617 $ 82. 3847 LAND DEVELOPMENT MANAGER LMCEA bi- weekly 5, 422 5, 693 5, 978 6,277 6, 591 monthly 11, 748 12, 336 12, 952 13, 600 14, 280
annual 140, 979 148,027 155, 429 163, 200 171, 360
Page
734 of 6
CITY OF LATHROP Adopted by Resolution No. 23-
GRADE- STEP TABLE
FOR REFERENCE USE ONL Y Eff. 12/ il/2023
2023 Compensation Ma B ubiect to CaIPERS Compensation Limits Be, innin at Grade 80/ Sten 5 80 ASSISTANT COM DEV DIRECTOR LMCEA hourly $ 69. 4724 $ 72. 9462 $ 76. 5935 $ 80. 4231 $ 84.4443 CHIEF PLANNING OFFICIAL LMCEA bi- weekly 5, 558 5, 836 6, 127 6, 434 6,756 PRINCIPAL ENGINEER LMCEA monthly 12, 042 12, 644 13, 276 13, 940 14, 637 a n n u a I 144, 503 151, 728 159, 315 167, 280 175, 644 81 CHIEF BUILDING OFFICIAL EXEMPT hourly $ 71. 2096 $ 74. 7701 $ 78. 5089 $ 82.4341 $ 86.5557 CHIEF INFORMATION OFFICER IXEMPT bi- weekly 5, 697 5, 982 6, 281 6, 595 6,924 POLICE LIEUTENANT SWORN monthly 12, 343 12, 960 13, 608 14, 289 15, 003 annual 148, 116 155, 522 163, 299 171, 463 180 036
82 ASSISTANT PUBLIC WORKS DIRECTOR LMCEA hourly $ 72. 9896 $ 76. 6395 $ 80. 4711 $ 84. 4945 $ 88. 7197 bi- weekly 5, 839 6, 131 6, 438 6,760 7,098
monthly 12, 652 13, 284 13, 948 14, 646 15, 378
annual 151, 818 159, 410 167, 380 175,749 184 537
83 SENIOR CONSTRUCTION MANAGER LMCEA hourly $ 74. 8145 $ 78. 5550 $ 82. 4829 $ 86. 6066 $ 90. 9372 bi- weekly 5, 985 6,284 6, 599 6,929 7,275
monthly 12, 968 13, 616 14, 297 15, 012 15, 762
annual 155, 614 163, 394 171, 564 180, 142 189 149
84 POLICE COMMANDER SWORN hourly $ 76. 6846 $ 80. 5191 $ 84.5448 $ 88. 7719 $ 93. 2110 bi- weekly 6, 135 6, 442 6, 764 7, 102 7,457
monthly 13, 292 13, 957 14, 654 15, 387 16, 157
annua I 159, 504 167, 480 175, 853 184, 646 193, 879
85 DIRECTOR OF GOV'T SERV/ CIfY CLERK EXEMPT hourly $ 78. 6017 $ 82. 5320 $ 86.65$ 6 $ 90. 9915 $ 95. 5410 DIRECTOR OF HUMAN RESOURCES IXEMPT bi- weekly 6, 288 6, 603 6,933 7, 279 7,643 DIRECTOR OF INFORMA7ION SYSTEMS EXEMPT monthly 13, 624 14, 306 15, 021 15, 772 16, 560 DIRECTOR OF PARKS, REC& MAINT SERV EXEMPT annual 163, 492 171, 667 180 250 189, 262 198 725 86 CITY ENGINEER EXEMPT hourly $ 80. 5667 $ 84.5953 $ 88.8249 $ 93.2662 $ 97.9295 bi- weekly 6, 445 6, 768 7, 106 7, 461 7,834
monthly 13, 965 14, 663 15, 396 16, 166 16,974
annual 167, 579 175, 958 184 7S6 193, 994 203 693
87 DIRECTOR OF FINANCE IXEMPT hourly $ 82. 5811 $ 86J102 $ 91. 0458" $ 95. 5978 $ 100. 3779 bi- weekly 6, 606 6,937 7, 284F 7, 648 8,030
monthly 14, 314 15, 030 15, 781 16, 570 17, 399
annual 171, 769 180, 357 189 375 198, 844 208, 786
88 DIRECTOR OF COMMUNITY DEVELOPMENT IXEMPT hourly $ 84.6456 $ 88.8778 $ 93. 3216 $ 97. 9878 $ 102. 8872 DIRECTOR OF PUBLIC WORKS EXEMPT bi- weekly 6, 772 7, 110 7,466 7,839 8,231 monthly 14, 672 15,405 16, 176 16,985 17, 834
annual 176, 063 1$ 4,866 194, 109 203, 815 214 005
g9 hourly $ 86J618 $ 91. 0998 $ 95. 6550' $ 100. 4378 $ 105. 4594 bi- weekly 6,941 7, 288 7, 652 8, U35 8,437
monthly 15, 039 15, 791 16, 580 17,409 18, 280
annual 180,465 189, 488 198, 962 208 911 219 356
90 DEPUTY CITY MANAGER EXEMPT hourly $ 88. 9310 $ 93. 377Z $ 98. 0462 $ 102.9486 $ 108. 0960 bi- weekly 7, 114 7,470 7, 844 8, 236 8, 648
monthly 15, 415 16, 185 i6,995 17,844 18, 737
annual 184 977 194 225 203, 935 214, 133 224, 840
91 ASSISTANT CITY MANAGER EXEMPT hourly $ 91. 1541 $ 95. 7115 $ 100. 4975 $ 105. 5226 $ 110J986 bi- weekly 7, 292 7, 657 8, 040 8,442 8,864
monthly 15, 840 16, 590 17,420 18,291 19, 205
annual 189, 601 199, 080 209, 035 219,487 230,461
g2 hourly $ 93.4394 $ 98. 1119 $ 1U3. 0116 $ 108. 1600 $ 113. 5680 bi- weekly 7, 475 7, 849 8, 241 8,653 9, 085
monthly 16, 196 17, 006 17, 855 18, 748 19, 685
annual 194 354 204, 073 214, 264 224, 973 236, 221
93 hourly $ 95J757 $ 100. 5564 $ 105. 5$ 58 $ 110. 8640 $ 116. 4126 bi- weekly 7, 662 8, 045 8,447 8,869 9, 313
monthly 16, 601 17, 430 18, 302 19, 216 20, 178
annual 199, 213 209 157 219 618 230 597 242 138
94 hourly $ 98. 1660 $ 103. 0765 $ 108. 2249 $ 113. 6437 $ 119. 3221 bi- weekly 7, 853 8, 246 8, 658 9, 091 9, 546
monthly 17, 015 17, 867 18, 759 19, 698 20, 682
annual 204, 185 214, 399 225, 108 236, 379 248, 190
95 hourly $ lOQ. 6104 $ 105. 6399 $ 110. 9289 $ 116. 4667 $ 122. 2965 bi- weekly 8, 049 8, 451 8,874 9, 317 9, 784
monthly 17, 439 18, 311 19, 22$ 20, 188 21, 198
annual 209, 270 219, 731 230, 732 242, 251 254, 377
Page
745 of 6
CITY OF LATHROP Adopted by Resolution No. 23-
GRADE- STEP TABLE
FOR REFERENCE USE ONL Y Eff. 12/ 11/ 2023
96 hourly $ 103. 1306 $ 108. 2898 $ 113. 6978 $ 119. 3870 $ 125. 3574 bi- weekly 8, 250 8, 663 9, 096 9, 551 10, 029
monthly 17, 876 18, 770 19, 7U8 20, 694 21, 729
annual 214,512 225, 243 236, 491 248, 325 260 743
CONTRACT
POLICE CHIEF EXEMPT annual $ 236,379
CITY ATTORNEY EXEMPT annual $ 258, 153
CTfY MANAGER EXEMPT annual $ 277,023
Changes
Add:
Animal Shelter Supervisor Grade 53 to Animal Center Manager Grade 64
75 i ' '
Su mary by Departme
2023/ 24 2023/ 24 2023/ 24
Adopted Amended Amended
Budget 07/ 10/ 23 12/ 11/ 23
CITY MANAGER
City Manager
Assistant City Manager 0. 25 0. 25 0. 25
Deputy City Manager 0. 00 1. 00 1. 00
City Engineer 0. 00 0. 00 0. 00
City Manager 1. 00 1. 00 1. 00
Director of Government Services/ City Clerk 0. 50 0. 50 0. 50 Economic Development Administrator 1. 00 1. 00 1. 00
Total 2. 75 3. 75 3. 75
CITY MANAGER- Total 2. 75 3. 75 3. 75
CITY CLERK
City Clerk
Deputy City Clerk 1. 00 1. 00 1. 00
Director of Government Services/ City Clerk 0. 50 0. 50 0. 50 Tota I 1. 50 1. 50 1. 50
CITY CLERK- Total 1. 50 1. 50 1. 50
CITY ATTORNEY
City Attorney
Administrative Assistant I/ II/ III 1. 00 1. 00 1. 00
City Attorney 1. 00 1. 00 1. 00
Legal Secretary 1. 00 1. 00 1. 00
Senior Administrative Assistant 0. 00 0. 00 0. 00
Total 3. 00 3. 00 3. 00
r
CITY ATTORNEY- Total 3. 00 3. 00 3. 00
HUMAN RESOURCES
Human Resources
Human Resources Director 1. 00 1. 00 1. 00
Human Resources Manager 1. 00 1. 00 1. 00
HR Analyst I/ II 1. 00 1. 00 1. 00
HR Technician 1. 00 1. 00 1. 00
Tota I 4. 00 4. 00 4. 00
HUMAN RESOURCES- Total 4. 00 4. 00 4.00
ATTACHMENT" D"
76 I! ' '
Summary by Department
2023/ 24 2023/ 24 2023/ 24
Adopted Amended Amended
Budget 07/ 10/ 23 12/ 11/ 23
FINANCE
Finance
Accountant I/ II 0. 00 0. 00 0. 00
Accounting Manager 0. 00 0. 00 0. 00
Accounting Specialist I/ II/ Technician 0. 00 0. 00 0. 00 Administrative Technician I/ II 1. 00 1. 00 1. 00
Customer Service Representatives I/ II 5. 00 5. 00 5. 00 Customer Service Supervisor 1. 00 1. 00 1. 00
Deputy Finance Director 1. 00 0. 00 0. 00
Director of Finance 1. 00 1. 00 1. 00
Finance Manager 1. 00 1. 00 1. 00
Management Analyst I/ II 2. 00 2. 00 2. 00
Senior Administrative Assistant 0. 00 0. 00 0. 00
Senior Customer Service Representative 1. 00 1. 00 1. 00 Senior Accountant 1. 00 1. 00 1. 00
Senior Management Analyst 1. 00 1. 00 1. 00
Total 15. 00 14. 00 14. 00
FINANCE- Total 15. 00 14.00 14. 00
INFORMATION SYSTEMS
Information Systems
Administrative Assistant I/ II/ III 0. 00 0. 00 0. 00
Director of Information Systems 1. 00 1. 00 1. 00
Chief Information Officer 1. 00 1. 00 1. 00
Information Technology Technician 0. 00 0. 00 0. 00
Information Technology Engineer I/ II/ III 6. 00 6. 00 6. 00 Management Analyst I/ II 1. 00 1. 00 1. 00
Total 9. 00 9. 00 9. 00
INFORMATION SYSTEMS- Total 9. 00 9. 00 9. 00
COMMUNITY DEVELOPMENT
Planning
Administrative Assistant I/ II/ III 0. 10 0. 10 0. 10
Assistant Community Development Director 0. 00 0. 00 0. 00 Associate Planner 1. 00 1. 00 1. 00
Director of Community Development 1. 00 1. 00 1. 00
Executive Assistant 1. 00 1. 00 1. 00
Principal Planner 0. 00 0. 00 0. 00
Senior Administrative Assistant 0. 00 0. 00 0. 00
ATTACHMENT" D"
77 Summary by Department
2023/ 24 2023/ 24 2023/ 24
Adopted Amended Amended
Budget 07/ 10/ 23 12/ 11/ 23
Senior Planner 1. 00 1. 00 1. 00
Tota I 4. 10 4. 10 4. 10
COMMUNITY DEVELOPMENT- Total 4. 10 4. 10 4. 10
ATTACHMENT" D"
78 Summary by Department
2023/ 24 2023/ 24 2023/ 24
Adopted Amended Amended
Budget 07/ 10/ 23 12/ 11/ 23
PUBLIC SAFETY
Police
Sworn
Police Chief 1. 00 1. 00 1. 00
Police Commander 2. 00 2. 00 2. 00
Police Lieutenant 1. 00 1. 00 1. 00
Police Officer 32. 00 32. 00 32. 00
Police Sergeant 6. 00 6. 00 6. 00
Tota I 42. 00 42. 00 42. 00
Non- Sworn
Police Forensic Analyst I/ II 0. 00 0. 00 0. 00
Police Records Assistant I/ II 2. 00 2. 00 2. 00
Police Records Supervisor 1. 00 1. 00 1. 00
Property& Evidence Technician 1. 00 1. 00 1. 00
Total 4.00 4. 00 4. 00
Administration
Management Analyst I/ II 1. 00 1. 00 1. 00
Executive Assistant 1. 00 1. 00 1. 00
Senior Administrative Assistant 0. 00 0. 00 0. 00
Total 2. 00 2. 00 2. 00
Community Services Division
Community Services Supervisor 1. 00 1. 00 1. 00
Community Services Officer I/ II/ III 5. 00 5. 00 5. 00 Administrative Assistant I/ II/ III 1. 00 1. 00 1. 00
Animal Center Assistant 1. 00 1. 00 4. 00
Animal Shelter Supervisor 1. 00 1. 00 0. 00
Animal Center Manager 0. 00 0. 00 1. 00
Animal Services Assistant 0. 00 0. 00 0. 00
Total 9. 00 9. 00 12. 00
PUBLIC SAFETY- Total 57. 00 57. 00 60. 00
PARKS, RECREATION AND MAINTENANCE SERVICES
Parks and Recreation
Administrative Assistant I/ II/ III 3. 00 3. 00 3. 00
Director of Parks, Recreation and Maintenance 1. 00 1. 00 1. 00 Deputy Director of Parks, Recreation and Maintenance 0. 00 0. 00 0. 00 Management Analyst I/ II 1. 00 1. 00 1. 00
Recreation Coordinator 3. 00 3. 00 3. 00
Recreation Leaders 9. 45 9. 45 9. 45
Recreation Manager 1. 00 1. 00 1. 00
Recreation Supervisor 2. 00 2. 00 2. 00
ATTACHMENT" D"
79 Summary by Department
2023/ 24 2023/ 24 2023/ 24
Adopted Amended Amended
Budget 07/ 10/ 23 12/ 11/ 23
Senior Accountant 0. 00 0. 00 0. 00
Senior Administrative Assistant 1. 00 1. 00 1. 00
Senior Recreation Leaders 5. 00 5. 00 5. 00
Tota I 26. 45 26. 45 26. 45
ATTACHMENT" D"
80 5ummary by Department
2023/ 24 2023/ 24 2023/ 24
Adopted Amended Amended
Budget 07/ 10/ 23 12/ 11/ 23
Maintenance Services
Landscape and Irrigation Specialist 1. 00 1. 00 1. 00
Maintenance Services Supervisor 1. 00 1. 00 1. 00
Maintenance Worker I/ II/ III 5. 00 5. 00 5. 00
Parks and Facilities Manager 0. 00 0. 00 0. 00
Parks and Recreation Supervisor 1. 00 1. 00 1. 00
Senior Recreation Leaders 2. 00 2. 00 2. 00
Tota I 10. 00 10. 00 10. 00
PARKS, RECREATION AND MAINTENANCE- Total 36. 45 36. 45 36. 45
BUILDING SAFETY AND INSPECTIONS
Building
Administrative Assistant I/ II/ III 0. 60 0. 60 0. 60
Assistant City Manager 0. 32 0. 32 0. 32
Building Inspector I/ II/ III 3. 00 3. 00 3. 00
Chief Building Official 1. 00 1. 00 1. 00
Management Analyst I/ II 1. 00 1. 00 1. 00
Permit and Plan Check Supervisor 1. 00 1. 00 1. 00
Permit Technician I/ II/ III 3. 00 3. 00 3. 00
Total 9. 92 9. 92 9. 92
BUILDING SAFETY AND INSPECTIONS- Total 9. 92 9. 92 9. 92
PUBLIC WORKS
Public Works
Administrative Assistant I/ II/ III 3. 30 3. 30 3. 30
Assistant City Manager 0. 43 0. 43 0. 43
Assistant Engineer 3. 00 3. 00 3. 00
Associate Engineer 1. 00 1. 00 1. 00
City Engineer 1. 00 1. 00 1. 00
Compliance Engineer 1. 00 1. 00 1. 00
Construction Inspector I/ II/ III 3. 00 3. 00 3. 00
Construction Superintendent 1. 00 1. 00 1. 00
Director of Public Works 0. 00 0. 00 0. 00
Electrician/ Instrument Technician 1. 00 1. 00 1. 00
Executive Assistant 1. 00 1. 00 1. 00
Maintenance Worker I/ II/ III 3. 00 3. 00 3. 00
Management Analyst I/ II 1. 00 1. 00 1. 00
Meter Reader I/ II 2. 00 2. 00 2. 00
ATTACHMENT" D"
81 Summary by Department
2023/ 24 2023/ 24 2023/ 24
Adopted Amended Amended
Budget 07/ 10/ 23 12/ 11/ 23
Senior Accountant 0. 00 0. 00 0. 00
Senior Administrative Assistant 0. 00 0. 00 0. 00
Senior Civil Engineer 2. 00 2. 00 2. 00
ATTACHMENT" D"
82 Summary by Department
2023/ 24 2023/ 24 2023/ 24
Adopted Amended Amended
Budget 07/ 10/ 23 12/ 11/ 23
Senior Construction Manager 1. 00 1. 00 1. 00
Streets and Maintenance Operation Manager 1. 00 1. 00 1. 00 Utility Operations Superintendent 1. 00 1. 00 1. 00
Utility Operator I/ II/ III 7. 00 7. 00 7. 00
Utility Plant Supervisor 1. 00 1. 00 1. 00
Total 34. 73 34. 73 34. 73
PUBLIC WORKS- Totai 34. 73 34. 73 34. 73
ATTACHMENT" D"
83 84
CITY MANAGER' S REPORT ITEM 4.9
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE INTERAGENCY AGREEMENT BETWEEN THE
CITY OF LATHROP AND MANTECA UNIFIED SCHOOL
DISTRICT TO PROVIDE SCHOOL RESOURCE OFFICER
SERVICES
RECOMMENDATION: Adopt Resolution Approving an Interagency Agreement between the City of Lathrop and Manteca
Unified School District to Provide School Resource
Officer Services, with Terms and Conditions Ending
une 2026
SUMMARY:
The Lathrop City Council approved four ( 4) School Resource Officers ( SRO) as part of the Lathrop Police Department. The Police Department currently assigns two ( 2) SRO' s to the Manteca Unified School District school campuses in the City of Lathrop on a rotational basis. Having an SRO on campus enhances student and staff safety and fosters positive relationships between law enforcement and the school community. The proposed Interagency Agreement outlines the responsibilities of each party involved including indemnification to address potential liability associated with providing the SRO services.
Staff recommends that the City Council approve the Interagency Agreement between the City of Lathrop and Manteca Unified School District to provide School Resource Officer Services, with the terms and conditions of the Interagency Agreement to apply for the next three ( 3) school years ending in June of 2026.
BAC KG ROU N D:
The City Council recognizes the importance of school safety, and approved four ( 4) SRO' s as part of the Police Department. The SROs are assigned to Lathrop school sites within the Manteca Unified School District and River Islands Academies. The SRO' s primary focus is to provide law enforcement presence at the school campuses, promote positive relationships between law enforcement and students, and foster a partnership with the school' s administration to create a safer learning environment.
The Police Department currently assigns two ( 2) SRO' s to the Manteca Unified School District school campuses in the City of Lathrop on a rotational basis. The City of Lathrop and Manteca Unified School District are aligned with their shared commitment to prioritize the safety and welfare of the students, and the school community. The proposed Interagency Agreement outlines the responsibilities of each party and establishes mutual indemnification to address potential liability associated with providing SRO services.
85 CITY MANAGER' S REPORT PAGE 2
DECEMBER li, 2023 CITY COUNCIL REGULAR MEETING
APPROVE INTERAGENCY AGREEMENT BETWEEN THE CITY OF LATHROP AND
MANTECA UNIFIED SCHOOL DISTRICT TO PROVIDE SCHOOL RESOURCE
OFFICER SERVICES
REASON FOR RECOMMENDATION:
The Police Department currently assigns two ( 2) School Resource OfFicers to Manteca Unified School District school campuses. The proposed Interagency Agreement formalizes the negotiated terms and responsibilities of each party, and establishes mutual indemnification to address potential liability associated with providing the SRO services.
FISCAL IMPACT:
The personnel costs of the School Resource Officers assigned to Manteca Unified School District are currently budgeted in the adopted Police Department Fiscal Year budgets for 2023- 2024 and 2024- 2025.
ATTACH M E NTS:
A. Resolution Approving Interagency Agreement between the City of Lathrop and Manteca Unified School District to Provide School Resource Officer Services B. Interagency Agreement between the City of Lathrop and Manteca Unified School District
86 CITY MANAGER' S REPORT PAGE 3
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE INTERAGENCY AGREEMENT BETWEEN THE CITY OF LATHROP AND
MANTECA UNIFIED SCHOOL DISTRICT TO PROVIDE SCHOOL RESOURCE
OFFICER SERVICES
APPROVALS
i- J: z ' 2a. 3
en Sealy Date
Interim Chief of Police
ad
Cari a s Date
Financ irector
2 Z-o2''
Thomas Hedegard Date
Deputy City Manager
1._ - 2..oL3
Salvador Navarrete Date
City Attorney
c lz. z . 3
Step Salvatore Date
City Manager
87 RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING AN INTERAGENCY AGREEMENT BETWEEN THE CITY OF
LATHROP AND MANTECA UNIFIED SCHOOL DISTRICT TO PROVIDE SCHOOL
RESOURCE OFFICER SERVICES, WITH TERMS AND CONDITIONS ENDING 7UNE 2026
WHEREAS, the City Council approved four ( 4) School Resource Officers ( SRO) as part of the Lathrop Police Department; and
WHEREAS, the Police Department currently assigns two ( 2) SROs to Manteca Unified School District school campuses in the City of Lathrop on a rotational basis; and
WHEREAS, the SRO' s primary focus is to provide law enforcement presence at the school campuses, promote positive relationships between law enforcement and students, and foster a partnership with the school' s administration to create a safer learning environment; and
WHEREAS, the City of Lathrop and Manteca Unified School District are aligned with their shared commitment to prioritize the safety and welfare of the students and the school community; and
WHEREAS, the proposed Interagency Agreement outlines the responsibilities of each party and establishes mutual indemnification to address potential liability associated with providing the SRO services; and
WHEREAS, the personnel costs of the School Resource Officers assigned to Manteca Unified School District are currently budgeted in the adopted Police Department Fiscal Year budgets for 2023- 2024 and 2024- 2025.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approves the proposed Interagency Agreement between the City of Lathrop and Manteca Unified School District to provide School Resource Officer Services, with terms and conditions ending June 2026.
Resolution No. 23-
88 The foregoing resolution was passed and adopted this llt'' day of December 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-
89 A r cHMENT ...
INTERAGENCY AGREEMENT FOR SCHOOL RESOURCE OFFICERS
This Agreement, dated for convenience this day of December 2023, is by and between MANTECA IJNIFIED SCHOOL DISTRICT (" District") and the CITY OF LATHROP, a California Municipal Corporation(" City"). The City and District may be referred to herein as" Party" or collectively" Parties".
RECITALS
WHEREAS, the City will assign two( 2) Lathrop Police Department Officers as School Resource Officers( SRO) to its District public school campuses on a rotational basis; and WHEREAS, the terms and conditions of the Agreement are intended to apply for the next three ( 3) school years ending in June of 2026.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and District hereby agree as follows:
1. Defined Terms. Capitalized terms used in this Agreement are given the following meanings:
a. City" means the City of Lathrop, a California municipal corporation and public body, its employees, agents and its invitees pursuant to applicable law. b. District" means the Manteca Unified School District, its Board of Trustees, employees both full and part time), students and its invitees pursuant to applicable law. c. Effective Date" means this Agreement shall be effective upon the date of full execution hereof by the Parties.
d. Agreement" means this Agreement, including the Recitals and the Exhibits. e. SRO" means a School Resource Officer employed by the City and subject to the City' s administration, supervision and control.
2. Responsibilities of School Resource Officers.
a. Provision of SROs. At no cost to the District, the City shall provide School Resources Officers(" SROs") at the District' s schools for the days and hours described below. b. SRO Purpose. The City recognizes the primary role and assignment for the SROs is to provide services to the District within Lathrop City limits as outlined in this Agreement. The City' s Police Department will endeavor to ensure those officers assigned as SROs will not be routinely used to provide other law enforcement services not directly linked to the SRO program. However, both the Parties recognize and acknowledge the primary function of each officer assigned as an SRO is that of a Police Officer. As each SRO generally wears a police uniform and drives a marked police vehicle, they may often be flagged down and/ or expected to take law enforcement action by the public. The City also recognizes in many instances when an SRO may not be available to respond to a request for a call for service from the District, a Police Officer normally assigned to patrol or not routinely assigned to function as an SRO may respond. In the event both District- assigned SROs are unavailable or out of the office, the remaining SRO Team will be available to respond to any calls for service made during the course of their normal workday. The Police Department agrees to continue to ensure calls for service for the District will be handled by an officer not assigned as an SRO to maintain the peace, ensure the protection of life and/ or property, or when delaying the call for service for an SRO would otherwise be unacceptable or impractical based on the circumstances. Assigned SROs may
90 be pulled from their primary role to assist in emergency situations within the City. In such situations, SROs will not be replaced until emergency has abated.
a Control of SROs. The SROs shall be employees of the City and shall be subject to the administration, supervision, and control of the City. The SROs shall be subject to all personnel policies and practices of the Police Department, except as such policies or practices may be modified by the terms and conditions of this Agreement. The City' s Police Department, in its sole discretion, shall have the power and authority to hire, discharge, and discipline SROs. If a District principal is dissatisfied with an SRO who has been assigned to that principal' s school, then that principal may request that, at the Chief of Police' s discretion, assign a different officer as the SRO for that school. d. Deplovment. The SROs will rotate as assigned at Lathrop High School, Mossdale, Lathrop, and Joseph Widmer Jr. Elementary Schools.
e. Duty Hours. Whenever reasonably possible, it is the intent of the Parties that the SROs' duty hours shall conform to the school day. The general operation of a school day consists of Monday through Friday, 7: 30 a.m. to 4: 00 p.m., may include school events, weekends, and evenings. It is understood and agreed that the time spent by the SROs attending municipal court, juvenile court, and/ or criminal cases arising from and/ or out of their employment as an SRO shall be considered as hours worked under this Agreement. f. Absence. In the event an SRO is absent from work, the SRO shall notify his or her supervisor in the City' s Police Department and the principal of the school to which the SRO is assigned. g. Duties. The SROs duties will include, but not limited to, the following:
i) To be a resource for students which will enable them to be associated with a law enforcement figure and role model in the students' environment. ii) To be a resource for teachers, parents and students for conferences on an individual basis dealing with individual problems or questions, particularly in the area of substance control.
iii) The SRO will share information with the administrator about person and conditions that pertain to campus safety concerns.
iv) The SRO will be familiar with helpful community agencies, such as mental health clinics, drug treatment centers, etc., that offer assistance to dependency- and delinquency- prone youths and their families. Referrals will be made when necessary. v) The SROs will wear approved department uniform, formal business attire or business casual with appropriate logos and name badges depending on the time of school year, the type of school activity or program, and the requests of the school and/ or police department. The Chief of Police and the principal shall jointly set expectations and resolve any disputes in this area. vi) The SROs will wear their department authorized duty weapons in accordance with department policy.
h. Chain of Command.
i) As employees of the City' s Police Department, SROs will be subject to the chain of command of the Police Department.
ii) In the performance of their duties, SROs shall coordinate and communicate with the principal or the principals' designee of the school to which they are assigned. i. TransportinQ Students& Student Information.
91 i) SROs shall not transport students in City' s Police Department vehicles except:
A) When the students are victims or witnesses of a crime, under arrest, truant or some other emergency circumstances exist; and B) When students are suspended and/ or sent home from school pursuant to school disciplinary actions, if the studenYs parent or guardian has refused or is unable to pick up the child within a reasonable time period and the student is disruptive/ disorderly and his/ her continued presence on campus is a threat to the safety and welfare of other student' s school personnel.
C) If some information in a student' s record is needed in an emergency to protect the health or safety of the student or other individuals, school officials shall disclose to the SRO that information which is needed to respond to the emergency situation based on the seriousness of the threat to someone' s health or safety; the need of the information to meet the emergency situation and the extent which time is of the essence. ii) If confidential student record information is needed by an SRO, but no emergency situation exists, the information may be released only as allowed by law.
3. Insurance.
a. Liability Insurance. Each Party shall obtain and keep in place a policy or policies of general commercial liability insurance ( or acceptable self-insurance) written on an occurrence basis, that provides coverage for damage to property and injury to any person( including death) that arises or occurs in connection with that Party' s activities under this Agreement. This liability policy shall be deemed primary and provide coverage for any property damage, bodily injury, personal injury and/ or death which occurs or is occasioned due in whole or in part to negligence by the Licensee in conjunction with the SROs duties as defined under this Agreement. Each Party' s liability policy shall name the other Party as an additional insured and shall include a cross- liability endorsement and waiver of the insurer' s rights of subrogation against the other Party. The policy limits shall be at least in an amount no less than two million dollars ($ 2, 000, 000) per occurrence and four million dollars($ 4, 000, 000) in annual aggregate. b. General Insurance Requirements. Each policy shall be issued by an insured licensed to do business in the State of California and having an A.M. Best Company Rating of not less than an" A" and Financial Site Category of not less than" IX". Notwithstanding the foregoing, either Party may maintain the insurance coverage required under this Agreement through a jointpowers insura ce cooperative in which the Party is a member. c. Proof of Insurance. Within fifteen( 15) days after the Effective Date, the Parties shall furnish to each other a certificate of insurance for each policy of insurance required under this section( each a" Certificate of Insurance") stating that the required insurance coverage is in full force and effect and naming the other Party as an additional insured. Within sixty ( 60) days of the Effective Date, each Party shall provide to the other Party copies of all policies of insurance and endorsements required under this section, which the receiving Party may review for compliance with this section. A Party that determines the other Party' s insurance does not satisfy the requirements of this section shall provide written notice of the deficiency to the other Party, which shall have thirty( 30) days to cure the deficiency. No failure by a Party to review, fully review, or adequately review any policy received from the other Party, or to provide any notice of deficiency regarding any such policy, shall be deemed or construed to constitute acceptance or a waiver of any failure by the other Party to comply with the requirements of this section. d. Continuitv of Coverage. Each Party, during the Term, must maintain in full
92 force and effect, without any lapse in coverage, all policies of insurance that the Party must maintain under this section, whether through the original or any renewal or replacement policies. The Party whose insurance policy is being cancelled, for any reason, shall also notify the other Party in writing within two business days after learning of such cancellation. e. Waiver and Release of Claims. Upon receipt by a Party of insurance proceeds attributable to any claim or liability for which the other Party is responsible, the receiving Party shall be deemed to have waived and released the other Party from such claim or liability, but only to the extent that such claim or liability is satisfied or paid by the net amount remaining after deducting the receiving Party' s reasonable costs of obtaining such proceeds, including, without limitation, any deductibles or reserves expended by the receiving Party.
f. Motar Vehicle Insurance. Each Party shall obtain and maintain under this section a policy or policies of liability insurance, written on an occurrence basis, providing coverage for all motor vehicles owned, leased, rented, or used by a Party in undertaking any activities under this Agreement(" Vehicle Policy"). Each Party' s Vehicle Policy shall name the other Party as an additional insured and shall include a cross- liability endorsement and a standard waiver of the insurer' s rights of subrogation against the other Party. Unless modified by the Insurance section of this Agreement, in no event shall a Party' s Vehicle Policy provide coverage for damage to property and injury to any person( including death) in an amount no less than two million dollars($ 2, 000, 000) per occurrence and four million dollars($ 4, 000, 000) annual aggregate. g. Workers' Compensation Insurance. Each Party shall obtain and maintain under this section a policy or policies of workers' compensation insurance in compliance with Section 3700 et seq. of the Labor Code and all other applicable requirements, including, without limitation, any laws as may be enacted or amended from time to time. Each Party' s workers' compensation insurance policy shall include a standard waiver of the insurer' s rights of subrogation against the other Party.
h. Minimum Requirements. The requirements for insurance coverage in this section are to be deemed and construed as the minimum requirements for the insurance to be maintained by a Party. Notwithstanding anything to the contrary, each Party may maintain such additional insurance coverage as such Party determines in its reasonable business judgment is required to adequately protect the interests of the Parties in connection with this Agreement.
4. Indemnification and Liabilitv.
a. Indemnitv. The District shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers 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 assigned officer' s performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the City, or the gross or willful misconduct of the assigned officer.
The City shall indemnify, defend, and hold harmless the District, its officers, officials, employees, and volunteers 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 the active negligence by the City or the gross or willful misconduct of the assigned officer during the performance of work hereunder. In the event of concurrent negligence on the part of DISTRICT 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
93 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.
If the District rejects a tender of defense by the City and/ or the assigned officer under this Agreement, and it is later determined that the City and/ or the officer breached no duty of care and/ or was immune from liability, the District shall reimburse the City and/ or officer 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 deternunation by a court after the City and/ or officer settles a liability claim, with or without participation by the District. The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City or its assigned officer 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 the assigned officer and the absence of the assigned officer and/ or the patrol vehicle is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the City nor its assigned officer intends to waive any immunities to which they would be entitled in the absence of the Agreement.
INTEGRATION OF PRIOR TERMS AND CONDITIONS
This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Pariy. 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. b. Joint Defense. The Parties may agree in writing to a joint defense of any claim, action, or proceeding arising out of the joint acts or omissions of the Parties. Any such agreement may provide that the Parties may appoint agreed- upon legal counsel to defend such claim, action or proceeding. The Parties may equally bear the cost of any such joint defense and any amount paid by the Parties in settlement of, or as a result of a court judgment, arbitration or mediation of, the claim, action or proceeding. The Parties may equally share in any amount awarded to or received by the Parties in settlement of or as a result of a court judgment, arbitration or mediation of, the claim, action or proceeding. Neither Party may bind the other Party to any settlement of a claim, action, or proceeding without the express written consent of the other Party. c. Comparative Fault. In the event any settlement, court judgment, or arbitration, or mediation award allocates or deternunes the comparative fault of the Parties, either Party shall be entitled to reimbursement from the other Party, with respect to defense costs, settlement payments, judgments and awards, consistent with such comparative fault to the extent such settlement, judgment, award, payment or costs are not paid or reimbursed through insurance coverage that a Party is required to maintain pursuant to this Agreement. d. Insurance Not a Limitation on Liabilitv. A Party' s liability or responsibility under this Agreement shall not be limited by insurance coverage maintained by either Party. e. Survival ofTerms. With respect to any acts, omissions, and/ or incidents occurring prior to termination of this Agreement, the requirement that a Party indemnify, defend, and/ or hold the other Party harmless, or pay any amounts owing under this Agreement, shall survive. f. No Affirmative Dutv of Care/ Waiver of Immunity. The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City ar its assigned officer that they would not owe in the absence of the Agreement. The Parties agree that this Agreement does
94 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 the assigned officer and the absence of the assigned officer and/ or the patrol vehicle is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the City nor its assigned officer intends to waive any immunities to which they would be entitled in the absence of the Agreement.
5. Miscellaneous.
a. No Assignment Without Consent. Neither Party may assign any rights, duties, obligations, or privileges under this Agreement without the express written consent of both Parties. b. Waiver of Rights and Oblia
ions. No waiver of any right or obligation under
this Agreement is effective unless executed in writing by the Pariy relinquishing the right or excusing the obligation. Any such waiver shall be limited to the specific right or obligation set out in the written waiver and shall not be a waiver of any other right or obligation under this Agreement. 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. Entire Agreement. All Exhibits attached hereto are incorporated in this Agreement by this reference. The written expression of this Agreement, including the recitals and the Exhibits, contains the entire understanding of the Parties with respect to this Agreement. No other statements, promises, or understandings of any kind not contained in this Agreement were made to or by either Party.
e. Interpretation. In interpreting this Agreement, it shall be deemed to have been prepared by the Parties jointly and no ambiguity shall be resolved against either Party on the premise that it or its attorneys were responsible for drafting this Agreement or any of its provisions. f. California Law. This Agreement shall be governed by and the rights, duties, and obligations of the Parties and shall be determined and enforced in accordance with the laws of the State of California. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in the county in which District' s administrative offices are located.
g. Waiver. Failure by a Party to enforce any term, condition, restriction, or provision of this Agreement, in any certain instance or on any particular occasion, shall not be deemed a waiver of such enforcement right, with respect to that or any future breach of the same or any other term, condition, restriction or provision. h. Successors and Assi ns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives, successors, and assigns. i. Counterparts. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. j. Captions. The captions contained in this Agreement are for convenience only and shall not in any way affect the meaning or interpretation hereof nor serve as evidence of the interpretation hereof, or of the intention of the Parties. k. Severabilitv. If any provision of this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by a court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions shall not be affected, provided that the economic and legal substance of the transactions contemplated herein are not affected in
95 any manner materially adverse to any Party. In the event of any such determination, holding, or finding, the Parties agree to negotiate in good faith to modify this Agreement to fulfill as closely as possible the original intent and purposes hereo£ To the extent permitted by law, the Parties hereby, to the same extent, waive any provisions of law that render any provision of this Agreement prohibited or unenforceable in any respect.
1. Modification. All modifications or amendments to this Agreement must be in writing and signed by the Parties.
m. Representation of Authoritv. 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.
Each Pariy warrants and represents that all of the actions, steps and/ or resolutions necessary to empower the signer to make and enter into this Agreement on behalf of each of the Parties has been fully and faithfully taken so as to authorize and bind each of the respective Parties to this Agreement. i) 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.
n. No Third Partv Beneficiaries. The only parties to this Agreement are the City and District. This Agreement does not involve any third party beneficiaries, and it is not intended and will not be construed to benefit or be enforceable by any other person or entity.
o. No Joint Venture. Neither Party is authorized to assume or create any obligation on behalf of, in the name of, or binding upon the other Party, nor shall this Agreement in any way create, give rise to, or be deemed a joint venture or partnership between the Parties. p. Independent Contractor Status. This Agreement is by and between two independent entities and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, or association.
q. Incotporation of Recitals and Exhibits. The Recitals and each Exhibit attached hereto are hereby incorporated herein by reference.
r. Time Is of the Essence. Time is of the essence with respect to the Parties' obligations herein.
s. Further Actions. Each Party hereto shall execute, acknowledge, and deliver such additional documents, and take such further action( s), as may be reasonably required from time to time to carry out each of the provisions, and the intent, of this Agreement.
t. Force Majeure. In addition to specific provisions of this Agreement, performance by a Party hereunder shall not be in default, and all performance or other dates specified in this Agreement shall be extended, where the Party seeking the extension has acted diligently and delays or defaults are due to events beyond the reasonable control of the Pariy such as but not limited to:
war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; limitation of supplies; epidemics; quarantine restrictions; freight embargoes; lack of transportation; litigation; unusually severe weather; or any other causes beyond the control of or without the fault of the Party claiming an extension of time to perform. Not with standing anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the forced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty( 30) days of the commencement of the cause.
96 IN WITNESS OF THE FOREGOING, the undersigned execute this Agreement on behalf of the Parties.
6. Authority.
The signers of this Agreement have the capacity and are authorized to execute this Agreement as the representatives of their respective Parties, and to bind said Parties to the terms hereof. This Agreement is subject to the approval by each Party' s legislative body.
CITY OF LATHROP
By:
Stephen J. Salvatore
City Manager
APPROVED AS TO FORM:
By:
Salvador Navairete
City Attorney
MANTECA UNIFIED SCHOOL DISTRICT
By:
Name:
Title:
APPROVED AS TO FORM:
By:
Name:
Title:
97 98
ITEM 4. 10
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE TASK ORDER NO. 31 WITH 4LEAF,
INC. FOR BUILDING INSPECTION SERVICES
FOR THE BUILDING DEPARTMENT
RECOMMENDATION: Adopt Resolution Approving Task Order No. 31 with 4LEAF Inc. to provide Building Inspection
Services in the Building Department Pursuant
to Master Professional Services Consulting
Agreement dated September 21, 2015 with
4LEAF, Inc.
SUMMARY:
Due to the continued increase in construction and development activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff has requested a proposal from 4LEAF, Inc. ( 4LEAF), to continue to provide professional services in the Building Department. A series of task orders were previously approved to provide various professional services within the Building Department, such as professional building inspection, and plan checking services.
Staff is requesting City Council approval of Task Order No. 31 with 4LEAF to provide continued professional consultant services in the capacity of Building Inspection Services for an amount not to exceed $ 210, 000, which will be paid on a time and material basis.
Sufficient funds are allocated in the Building Department fiscal year budget 23/ 24, and will be fully funded by building permit fees assessed and collected during permit issuance.
BACKGROUND:
The Building Department is responsible for the permitting and inspection of construction ( including but not limited to; new construction, additions, alterations, repairs, and remodeling) throughout the City' s building permitting jurisdiction as required by the California Building Codes. The Building Department enforces the California Building Codes and the Lathrop Municipal Code.
Due to the continued increase in construction activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff requested a proposal from 4LEAF to provide continued professional services in the Building Department for building inspection services.
99 CITY MANAGER' S REPORT PAGE 2
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 31 WITH 4LEAF INC., FOR BUILDING
INSPECTION SERVICES
The City recovers its costs to provide building inspection services for active construction projects by charging a construction permit fee collected before building permits are issued. Building inspection services are fully funded in the Building Department budget and offset by revenue received from, fees collected for the issuance of building permits.
Table 1 below provides a summary of the previously approved task orders with 4LEAF to date.
Table 1 - Summar of Previousl A roved Task Orders
Task Order No. Approved Building Department Work Scope Description 1 2 2015 Staff Au mentation Plan Check Services
3- 5 2016 Plan Check & Ins ection Services
6 7 2017 Plan Check & Ins ection Services
8- li 2018
Interim Chief Building Official ( CBO), Plan Check &
Ins ection Services
12- 16 2019
Plan Check & Inspection Services, Interim CBO,
Professional Services
17- 24 2020- 2021 Interim CBO Ins ection Services
25- 30 2p22
Interim CBO, Plan Check & Inspection, Code
Enforcement Services
REASON FOR RECOMMENDATION:
Continued professional services are needed for the Building Department to keep up with the continued increase in construction activity related to capital improvement, private land development, and residential, commercial and industrial projects.
FISCAL IMPACT:
The cost of Task Order No. 31 is not to exceed $ 210, 000 and will be paid on a time and material basis. The proposed scope will provide professional services from December 2023 to ) une 2024. Sufficient funds are allocated in G/ L account 2015- 50- 30- 420- 04- 00 for the fiscal year 23/ 24 budget.
ATTACH M ENTS:
A. Resolution Approving Task Order No. 31 with 4LEAF, Inc., for Building Inspection Services in the Building Department Pursuant to Master Professional Services Consulting Agreement dated September 21, 2015 with 4LEAF, Inc.
B. Task Order No. 31 Pursuant to Master Consulting Agreement dated September 21, 2015 with 4LEAF, Inc. to provide Building Inspection Services 100
CITY MANAGER' S REPORT PAGE 3
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 31 WITH 4LEAF INC., FOR BUILDING
INSPECTION SERVICES
APPROVALS:
2f1 !
Ed Short Date
Chief Building Official
ila-" a
Cari ) ame Date
Finance Di ector
L I 1 • 2`t • Zo23
Michael King Date
Assistant City Manager
2..? - Z G z.-
Salvador Navarrete Date
City Attorney
Z• v•2'3
Ste en J. Salvatore Date
City Manager
101
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TASK ORDER NO. 31 WITH 4LEAF, INC. FOR BUILDING
INSPECTION SERVICES IN THE BUILDING DEPARTMENT PURSUANT TO
MASTER PROFESSIONAL SERVICES CONSULTING AGREEMENT DATED SEPTEMBER 21, 2015 WITH 4LEAF, INC.
WHEREAS, due to the continued increase in construction activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff requested a proposal from 4LEAF to provide continued Building Inspection services in the Building Department; and WHEREAS, a series of task orders were previously approved to provide professional services within the Building Department such as professional building inspection and plan checking; and
WHEREAS, the City utilizes professional contracted personnel services in the Building Department in order to keep pace with ongoing construction activity; and WHEREAS, the cost of Task Order No. 31 for Building Inspection Services is for an amount not to exceed $ 210, 000 and will be paid on a time and material basis.
Sufficient funds are allocated in G/ L account 2015- 50- 30- 420- 04- 00 for the fiscal year 23/ 24 budget; and
WHEREAS, the proposed Task Order No. 31 will be fully funded by building permit fees assessed and collected from developers and costs for inspection services will be paid after the revenue has been received.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Task Order No. 31 for an amount not to exceed 210, 000 with 4LEAF, Inc. to provide continued professional consultant services in the capacity of Building Inspection Services in the Building Department. 102
ATTACHNiENT "
CITY OF LATHROP
TASK ORDER NO. 31
PURSUANT TO MASTER CONSULTING AGREEMENT DATED
SEPTEMBER 21, 2015 WITH 4LEAF, INC.
TO PROVIDE BUILDING INSPECTION SERVICES
THIS TASK ORDER NO. 31 dated for convenience this 11th day of December 2023 is by and made and entered into by and between 4LEAF, Inc. (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:
WHEREAS, on September 21, 2015, CONSULTANT entered into a Master Agreement with the CITY, and parties approved an extension of the term to June 30, 2021, pursuant to Amendment No. 2, dated May 13, 2019. On March 8, 2021, City Council approved an extension of the term to June 30, 2023 pursuant to Amendment No. 3. On July 14, 2023, City Council approved an extension of the term to June 30, 2024 pursuant to Amendment No. 4 (" MASTER AGREEMENT"), by which the CONSULTANT has agreed to provide Building Inspection Services; and
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Building Inspection Services, which are required by this Task Order No. 31; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Building Inspection Services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Incorporation Of Master Aqreement
This Task Order hereby incorporates by reference all terms and conditions set forth in the Master Agreement for Consulting Services for this project, unless specifically modified by this Task Order.
2) Scope of Service
CONSULTANT agrees to perform Building Inspection Services in accordance with the scope of work and fee proposal provided in Exhibit "A"
103
CITY OF LATHROP — TASK ORDER NO. 31 WITH 4LEAF INC. TO PROVIDE
BUILDING INSPECTION SERVICES
to this Task Order.
CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to the CITY' S satisfaction. 3) Effective Date and Term
The effective date of this Task Order No. 31 is December 11, 2023, and it shall terminate no later than June 30, 2024.
4) Compensation
CITY hereby agrees to pay CONSULTANT hourly rates and other charges detailed in Exhibit " A" up to a total sum not to exceed $ 210, 000, which will be paid on a time and material basis for Building Inspection Services.
CONSULTANT shall be paid any uncontested sum due and payable within thirty (30) days of receipt of billings containing all information pursuant to Paragraph 5 in the MASTER AGREEMENT Dated September 21, 2015. 5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurance have been received. City shall not be obligated to pay CONSULTANT for any services rendered prior to issuance of the Notice to Proceed.
6) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
Page2of3
104
CITY OF LATHROP — TASK ORDER NO. 31 WITH 4LEAF INC. TO PROVIDE
BUILDING INSPECTION SERVICES
Approved as to Form: City of Lathrop
City Attorney
1 Z t3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by:
Reso # City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: 4LEAF Inc.
2126 Rheem Drive
Pleasanton, CA 94588
Fed I D # 94- 3393574
Bus License # 20088
Signature Date
Kevin J. Duqqan, President
Print Name and title)
105
4LEAF, INc.
CONSTRUCTION MANAGEMENT• PLAN CHECK EXHIBIT „A„
INSPECTION• PLANNING• CODE EYFORCEMENT
FEE SCHEDULE
FY2023- 2024 FEE SCHEDULE & BASIS OF CHARGES
FOR THE CITY OF LATHROP
All Rates are Subject to Basis of Charges
Plan Review Percenta e: 65% of City Fee Fee includes:
Inclusive of Life Health Safety, ADA Requirements Initial review and two ( 2) rechecks. Hourly and Title 24 Energy Requirement Plan ChecksJ charges apply after three ( 3) or more Hourly:$ 108 Non- Structural Review rechecks ( with authorization from CBO). 137 Structural Review
Plumbin/ Mechanical/ Electrical Only: 40% of City Fee Y Shipping, courier, and electronic service.
Hourly: $ 108 Non- Structural Review
Structural Onlv Plan Checks: 40% of City Fee
Hourly: $ 137 Structural Review
Building
ChiefBuilding Official.........................................................................................................................$ 175/ hour Structural Plan Review Engineer........................................................................................................$ 137/ hour Non- Structural Plans Examiner..........................................................................................................$ 108/ hour Certified Access Specialist ( CASp) Inspector......................................................................................$ 175/ hour Certified Access Specialist ( CASp) Plans Examiner.............................................................................$ 175/ hour Senior Combination Building Inspector( Building Inspector III).........................................................$ 134/ hour Commercial Building Inspector( Building Inspector II) ......................................................................$ 121/ hour Residential Building Inspector( Building Inspector I)..........................................................................$ 109/ hour PermitManager..................................................................................................................................$ 85/ hour Senior Permit Technician....................................................................................................................$ 77/ hour PermitTechnician...............................................................................................................................$ 71/ hour Clerk/ Administrator............................................................................................................................$ 66/ hour Civil Plan Review( Grading, Improvement Plans)...............................................................................$ 175/ hour Inspector of Record ( Including DSA/ OSHPD)......................................................................................$ 163/ hour GoFormz Software..................................................................................................................$ 50/ user monthly Code Enforcement
CodeEnforcement Director..............................................................................................................$ 180/ hour Code Enforcement Manager............................................................................................................$ 155/ hour Senior Code Enforcement Officer.....................................................................................................$ 119/ hour CodeEnforcement Officer II.............................................................................................................$ 108/ hour CodeEnforcement Officer I..............................................................................................................$ 98/ hour Fee Schedule November 16, 2023
106
4LEAF, INC.
CONSTRUCTION MANAGEMENT• PLAN CHECK
INSPECTION• PLANNING• CODE ENFORCEMENT
Fire
Fire Protection Engineer( FPEj............................................................................................................$ 205/ hour Fire Prevention Officer ......................................................................................................................$ 180/ hour FirePlans Examiner............................................................................................................................$ 165/ hour FireInspector II...................................................................................................................................$ 185/ hour FireInspector I....................................................................................................................................$ 175/ hour
BASIS OF CHARGES
Rates are inclusive of" tools of the trade" such as forms, telephones, and consumables.
All invoicing will be submitted monthly.
Staff Augmentation work ( excluding plan review) is subject to 4- hour minimum charges unless stated otherwise. Services billed in 4- hour increments.
Most plan reviews will be done in 10 business days or less and 5 business days or less for re- checks. This is not inclusive of holidays or the day of the pick- up of plans.
Expedited reviews will be billed at 1. 5x the plan review fee listed in the fee schedule. Return time will be within five( 5) days of receipt of the plans from the City.
Plan review of deferred submittals& revisions will be billed at the hourly rates listed.
All plan review services will be subject to a $ 305. 00 minimum fee if percentage- based fee or 2- hour minimum charge if hourly rates apply.
Larger complex plan reviews can be negotiated to achieve the best possible pricing.
All plan review services will be subject to 2- hour minimum fee.
All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks.
Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case- by- case basis.
Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
4LEAF assumes that these rates reflect the FY2023- 2024 contract period. There will be a 3% escalation for FY2024- 2025, FY2025- 2026
Overtime and Premium time will be charged as follows:
Regular time( work begun after 5AM or before 4PM) 1 x hourly rate Nighttime( work begun after 4PM or before SAM) 1. 125 x hourly rate Overtime( over 8- hour M- F or SaturdaysJ 1. 5 x hourly rate Overtime ( over 8 hours Sat or 15f 8- hour SunJ 2 x hourly rate Overtime ( over 8 hours Sun or HolidaysJ 3 x hourly rate Overtime will only be billed with prior authorization of the Director or other designated City personnel.
All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
Mileage driven during the course of Inspections will be charged at cost plus 20%.
Payment due on receipt. All payments over 30 days will be assessed a 1. 5% interest charge.
Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts.
Client agrees that 4LEAF' s liability will be limited to the value of services provided.
Fee Schedule November 16, 2023
107
4LEAF, 1[ C.
CONSTRUCTION MANAGEMENT• PLAN CHECK
INSPECTION• PLANNING• CODE ENFORCEMENT
In accordance with California' s Meal Break and Rest Break Law requirements, Client will be billed one ( 1) additional hour per day at the regular rate for each missed meal or rest break due to Client- directed tasks or requirements. Client should allow 4LEAF' s non- exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.
Fee Schedule November 16, 2023
108
ITEM 4. 11
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE TASK ORDER NO. 32 WITH 4LEAF,
INC. FOR PERMITTING SERVICES IN THE
BUILDING DEPARTMENT
RECOMMENDATION: Adopt Resolution Approving Task Order No. 32 with 4LEAF, Inc. for Permitting Services in the
Building Department Pursuant to Master
Professional Services Consulting Agreement
dated September 21, 2015 with 4LEAF, Inc.
SUMMARY:
Due to the continued increase in construction and development activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff has requested a proposal from 4LEAF, Inc. ( 4LEAF), to continue to provide professional services in the Building Department. A series of task orders were previously approved to provide various professional services within the Building Department, such as professional building inspection, plan checking, and permitting services.
Staff is requesting City Council approval of Task Order No. 32 with 4LEAF for continued professional consultant services to provide Permitting Services for an amount not to exceed $ 80, 000, which will be paid on a time and materials basis.
Sufficient funds are allocated in the Building Department fiscal year budget 23/ 24, and permitting services will be fully funded by building permit fees assessed and collected during permit issuance.
BACKGROUND:
The Building Department is responsible for the permitting and inspection of construction ( including but not limited to; new construction, additions, alterations, repairs, and remodeling) throughout the City' s building permitting jurisdiction as required by the California Building Codes. The Building Department enforces the California Building Codes and the Lathrop Municipal Code.
Due to the continued increase in construction activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff requested a proposal from 4LEAF to provide continued professional services in the Building Department.
The City recovers its costs to provide building permitting services for active construction projects by charging a construction permit fee collected before building permits are issued. These services are fully funded in the Building Department budget and offset by revenue received from building permits.
109
CITY MANAGER' S REPORT PAGE 2
DECEMEBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF TASK ORDER NO. 32 WITH 4LEAF, INC. FOR PERMITTING
SERVICES IN THE BUILDING DEPARTMENT
Table 1 below provides a summary of the previously approved task orders with 4LEAF to date.
Table 1 - Summar of Previousl A roved Task Orders
Task Order No. Approved Building Department Work Scope Description 1 2 2015 Staff Au mentation Plan Check Services
3- 5 2016 Plan Check & Ins ection Services
6 7 2017 Plan Check & Ins ection Services
8- 11 2018
Interim Chief Building Official ( CBO), Plan Check &
Ins ection Services
12- 16 2019
P an Check & Inspection Services, Interim CBO,
Professional Services
17- 24 2020- 2021 Interim CBO, Ins ection Services
25- 30 Zp22
Interim CBO, Plan Check & Inspection, Code
Enforcement Services
REASON FOR RECOMMENDATION:
Continued professional services are needed for the Building Department to keep up with the continued increase in construction activity related to capital improvement, private land development, and residential, commercial and industrial projects.
FISCAL IMPACT:
The cost of Task Order No. 32 is not to exceed $ 80, 000 and will be paid on a time and material basis. The proposed scope will provide permitting services from December 2023 to June 2024. Sufficient funds are allocated in G/ L account 2015- 50- 30- 420- 04- 00 for the fiscal year 23/ 24 budget.
ATTACH M ENTS:
A. Resolution Approving Task Order No. 32 with 4LEAF, Inc., for Staff Augmentation Services in the Building Department Pursuant to Master Professional Services Consulting Agreement dated September 21, 2015 with 4LEAF, Inc.
B. Task Order No. 32 Pursuant to Master Consulting Agreement dated September 21, 2015 with 4LEAF, Inc. for Permitting Services
110
CITY MANAGER' S REPORT PAGE 3
DECEMEBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF TASK ORDER NO. 32 WITH 4LEAF, INC. FOR PERMITTING
SERVICES IN THE BUILDING DEPARTMENT
APPROVALS:
Z- 2C Z
Ed Short Date
Chief Building Official
i
y ao. 3
Cari Jam Date
Finance i ector
I 1 • 2 q • 2oz3
Michael King Date
Assistant City Manager
a
i• z Z
Z3
Salvador Navarrete Date
City Attorney
It•lo• Z3
Stephen J. Salvatore Date
City Manager
111
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TASK ORDER NO. 32 WITH 4LEAF, INC. FOR PERMITTING
SERVICES IN THE BUILDING DEPARTMENT PURSUANT TO MASTER
PROFESSIONAL SERVICES CONSULTING AGREEMENT DATED SEPTEMBER 21, 2015 WITH 4LEAF, INC.
WHEREAS, due to the continued increase in construction activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff requested a proposal from 4LEAF to provide continued permitting services in the Building Department; and
WHEREAS, a series of task orders have been previously approved to provide professional services within the Building Department, such as professional building inspection, plan checking, and permitting services; and WHEREAS, the City utilizes contracting professional personnel services in the Building Department in order to keep pace with ongoing construction activity; and WHEREAS, the cost of Task Order No. 32 for Permitting Services is for an amount not to exceed $ 80, 000 and will be paid on a time and material basis.
Sufficient funds are allocated in G/ L account 2015- 50- 30- 420- 04- 00 for the fiscal year 23/ 24 budget; and
WHEREAS, the proposed Tasks Order No. 32 will be fully funded by plan check fees collected from development and costs for plan check services will only be paid if the revenue has been received.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Task Order No. 32 for an amount not to exceed 80, 000 with 4LEAF, Inc. to provide continued professional consultant services in the capacity of Permitting services in the Building Department. 112
The foregoing resolution was passed and adopted this 11th of December 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 113
ATTACHMEiVT " "
CITY OF LATHROP
TASK ORDER NO. 32
PURSUANT TO MASTER CONSULTING AGREEMENT DATED
SEPTEMBER 21, 2015 WITH 4LEAF, INC.
TO PROVIDE BUILDING PERMITTING SERVICES
THIS TASK ORDER NO. 32 dated for convenience this 11th day of December 2023 is by and made and entered into by and between 4LEAF, Inc. (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:
WHEREAS, on September 21, 2015, CONSULTANT entered into a Master Agreement with the CITY, and parties approved an extension of the term to June 30, 2021, pursuant to Amendment No. 2, dated May 13, 2019. On March 8, 2021, City Council approved an extension of the term to June 30, 2023 pursuant to Amendment No.3. On July 14, 2023, City Council approved an extension of the term to June 30, 2024 pursuant to Amendment No. 4 (" MASTER AGREEMENT"), by which the CONSULTANT has agreed to perform building professional services; and
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Staff Augmentation Services, which are required by this Task Order No. 32; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Permitting Services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Incorporation Of Master Aqreement
This Task Order hereby incorporates by reference all terms and conditions set forth in the Master Agreement for Consulting Services for this project, unless specifically modified by this Task Order.
114
CITY OF LATHROP — TASK ORDER NO. 32 WITH 4LEAF INC. TO PROVIDE
BUILDING PERMITTING SERVICES
2) Scope of Service
CONSULTANT agrees to perform Permitting Services in accordance with the scope of work and fee proposal provided in Exhibit " A" to this Task Order.
CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to the CITY' S satisfaction. 3) Effective Date and Term
The effective date of this Task Order No. 32 is December 11, 2023, and it shall terminate no later than June 30, 2024.
4) Compensation
CITY hereby agrees to pay CONSULTANT hourly rates and other charges detailed in Exhibit " A" up to a total sum not to exceed $ 80, 000 for Permitting Services. CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 in the MASTER AGREEMENT Dated September 21, 2015.
5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurance have been received. City shall not be obligated to pay CONSULTANT for any services rendered prior to issuance of the Notice to Proceed.
6) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
115
CITY OF LATHROP — TASK ORDER NO. 32 WITH 4LEAF INC. TO PROVIDE
BUILDING PERMITTING SERVICES
Approved as to Form: City of Lathrop
City Attorney
I/- Z7 - Z Z3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by:
Reso # City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: 4LEAF Inc.
2126 Rheem Drive
Pleasanton, CA 94588
Fed I D # 94- 3393574
Bus License # 20088
Signature Date
Kevin J. Duqqan, President
Print Name and title)
116
EXHIBIT "A"
4LEAF, I[ vC.
CONSTRUCTION MANAGEMENT• PLAN CHECK
INSPECTION• PLANNING• CO E ENFORCEMENT
FEE SCHEDULE
FY2023- 2024 FEE SCHEDULE & BASIS OF CHARGES
FOR THE CITY OF LATHROP
All Rates are Subject to Basis of Charges
Plan Review Percenta e: 65% of City Fee Fee includes:
Inclusive of Life Health Safety, ADA Requirements Initial review and two ( 2) rechecks. Hourly and Title 24 Energy Requirement Plan ChecksJ charges apply after three ( 3) or more Hourly:$ 108 Non- Structural Review rechecks ( with authorization from CBO). 137 Structural Review
Plumbins/ Mechanical/ Electrical Only: 40% of City Fee Shipping, courier, and electronic service.
Hourly:$ 108 Non- Structural Review
Structural Onlv Plan Checks: 40% of City Fee
Hourly: $ 137 Structural Review
Buildin
ChiefBuilding Official.........................................................................................................................$ 175/ hour Structural Plan Review Engineer........................................................................................................$ 137/ hour Non- Structural Plans Examiner..........................................................................................................$ 108/ hour Certified Access Specialist( CASp) Inspector......................................................................................$ 175/ hour Certified Access Specialist( CASp) Plans Examiner.............................................................................$ 175/ hour Senior Combination Building Inspector( Building Inspector III).........................................................$ 134/ hour Commercial Building Inspector( Building Inspector II) ......................................................................$ 121/ hour Residential Building Inspector( Building Inspector I)..........................................................................$ 109/ hour PermitManager..................................................................................................................................$ 85/ hour Senior Permit Technician....................................................................................................................$ 77/ hour PermitTechnician...............................................................................................................................$ 71/ hour Clerk/ Administrator............................................................................................................................$ 66/ hour Civil Plan Review( Grading, Improvement Plans)...............................................................................$ 175/ hour Inspector of Record ( Including DSA/ OSHPD)......................................................................................$ 163/ hour GoFormz Software..................................................................................................................$ 50/ user monthly Code Enforcement
Code Enforcement Director..............................................................................................................$ 180/ hour Code Enforcement Manager............................................................................................................$ 155/ hour Senior Code Enforcement Officer.....................................................................................................$ 119/ hour CodeEnforcement Officer II.............................................................................................................$ 108/ hour CodeEnforcement Officer I..............................................................................................................$ 98/ hour Fee Schedule November 16, 2023
117
4LEAF, I[ vC.
CONSTRUCTION MANAGEMENT• PLAN CHECK
INSPECTION• PLANNING• CO E ENFORCEMENT
Fire
Fire Protection Engineer( FPE)............................................................................................................$ 205/ hour FirePrevention Officer ......................................................................................................................$ 180/ hour Fire Plans Examiner............................................................................................................................$ 165/ hour FireInspector II...................................................................................................................................$ 185/ hour FireInspector I....................................................................................................................................$ 175/ hour
BASIS OF CHARGES
Rates are inclusive of" tools of the trade" such as forms, telephones, and consumables.
All invoicing will be submitted monthly.
Staff Augmentation work ( excluding plan review) is subject to 4- hour minimum charges unless stated otherwise. Services billed in 4- hour increments.
Most plan reviews will be done in 10 business days or less and 5 business days or less for re- checks. This is not inclusive of holidays or the day of the pick- up of plans.
Expedited reviews will be billed at 1. 5x the plan review fee listed in the fee schedule. Return time will be within five ( 5) days of receipt of the plans from the City.
Plan review of deferred submittals& revisions will be billed at the hourly rates listed.
All plan review services will be subject to a $ 305. 00 minimum fee if percentage- based fee or 2- hour minimum charge if hourly rates apply.
Larger complex plan reviews can be negotiated to achieve the best possible pricing.
All plan review services will be subject to 2- hour minimum fee.
All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks.
Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case- by- case basis.
Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
4LEAF assumes that these rates reflect the FY2023- 2024 contract period. There will be a 3% escalation for FY2024- 2025, FY2025- 2026
Overtime and Premium time will be charged as follows:
Regular time( work begun after SAM or before 4PMJ 1 x hourly rate Nighttime( work begun after 4PM or before SAMJ 1. 125 x hourly rate Overtime( over 8- hour M- F or SaturdaysJ 1. 5 x hourly rate Overtime( over 8 hours Sat or 15Y 8- hour SunJ 2 x hourly rate Overtime( over 8 hours Sun or HolidaysJ 3 x hourly rate Overtime will only be billed with prior authorization of the Director or other designated City personnel.
All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
Mileage driven during the course of Inspections will be charged at cost plus 20%.
Payment due on receipt. All payments over 30 days will be assessed a 1. 5% interest charge.
Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts.
Client agrees that 4LEAF' s liability will be limited to the value of services provided.
Fee Schedule November 16, 2023
118
4LEAF, IrvC.
CONSTRUCTION MANAGEMENT• PLAN CHECK
INSPECTION• PLANNING• CO E ENFORCEMENT
In accordance with California' s Meal Break and Rest Break Law requirements, Client will be billed one ( 1) additional hour per day at the regular rate for each missed meal or rest break due to Client- directed tasks or requirements. Client should allow 4LEAF' s non- exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.
Fee Schedule November 16, 2023
119
120
ITEM 4. 12
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE TASK ORDER NO. 33 WITH 4LEAF,
INC. FOR PLAN CHECK SERVICES FOR THE
BUILDING DEPARTMENT
RECOMMENDATION: Adopt Resolution Approving Task Order No. 33 with 4LEAF, Inc., to provide Plan Check
Services for the Building Department Pursuant
to Master Professional Services Consulting
Agreement dated September 21, 2015 with
4LEAF, Inc
SUMMARY:
Due to the continued increase in construction and development activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff has requested a proposal from 4LEAF, Inc. ( 4LEAF), to continue to provide professional services in the Building Department. A series of task orders were previously approved to provide various professional services within the Building Department, such as professional building inspection, plan checking, and permitting services.
Staff is requesting City Council approval of Task Order No. 33 with 4LEAF for continued professional consultant services to provide Plan Check Services for an amount not to exceed $ 400, 000, which will only be paid if revenue has been received.
Sufficient funds are allocated in the Building Department fiscal year budget 23/ 24, and plan check services will be fully funded by building plan check fees assessed and collected prior to permit issuance.
BACKGROUND:
The Building Department is responsible for the permitting and inspection of construction ( including but not limited to; new construction, additions, alterations, repairs, and remodeling) throughout the City' s building permitting jurisdiction as required by the California Building Codes. The Building Department enforces the California Building Codes and the Lathrop Municipal Code.
Due to the continued increase in construction activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff requested a proposal from 4LEAF to provide continued professional services in the Building Department.
The City recovers its costs to provide building plan check services for active construction projects by charging building plan check fees assessed and collected prior to permit issuance. These services are fully funded in the Building Department budget and offset by revenue received from building permits. 121
CITY MANAGER' S REPORT PAGE 2
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF TASK ORDER NO. 33 WITH 4LEAF, INC. TO PROVIDE PLAN
CHECK SERVICES FOR THE BUILDING DEPARTMENT
Table 1 below provides a summary of the previously approved task orders with 4LEAF to date.
Table 1 - Summary of Previously Approved Task Orders
Task Order No. Approved Building Department Work Scope Description 1 2 2015 Staff Au mentation Plan Check Services
3- 5 2016 Plan Check & Ins ection Services
6 7 2017 Plan Check & Ins ection Services
8- 11 2018
Interim Chief Building Official ( CBO), Plan Check &
Ins ection Services
12- 16 2019
Plan Check & Inspection Services, Interim CBO,
Professional Services
17- 24 2020- 2021 Interim CBO Ins ection Services
25- 30 Zp22
Interim CBO, Plan Check & Inspection, Code
Enforcement Services
REASON FOR RECOMMENDATION:
Continued professional services are needed for the Building Department to keep up with the continued increase in construction activity related to capital improvement, private land development, and residential, commercial and industrial projects.
FISCAL IMPACT:
The cost of Task Order No. 33 is not to exceed $ 400, 000 and will be paid on a percentage and/ or hourly basis of 2023- 2024 billing rates, and will only be paid if revenue has been received. Sufficient funds are allocated in G/ L account 2015- 50- 30- 420- 01- 00 for the fiscal year 23/ 24 adopted budget.
ATTACH M ENTS:
A. Resolution Approving Task Order No. 33 with 4LEAF, Inc., to provide Plan Check Services for the Building Department Pursuant to Master Professional Services Consulting Agreement dated September 21, 2015 with 4LEAF, Inc.
B. Task Order No. 33 Pursuant to Master Consulting Agreement dated September 21, 2015 with 4LEAF, Inc. to provide Building Plan Check Services 122
CITY MANAGER' S REPORT PAGE 3
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF TASK ORDER NO. 33 WITH 4LEAF, INC. TO PROVIDE PLAN
CHECK SERVICES FOR THE BUILDING DEPARTMENT
APPROVALS:
y
23 Ed Short Date
Chief Building Official
y a
Cari Jam Date
Finance ' ector
29- zoz3
Michael King Date
Assistant City Manager
1_ Z P• z oZ?
Salvador Navarrete Date
City Attorney
r
1 2• t• z3
Step
J. Salvatore Date
City Manager
123
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TASK ORDER NO. 33 WITH 4LEAF, INC., TO PROVIDE PLAN
CHECK SERVICES IN THE BUILDING DEPARTMENT PURSUANT TO MASTER PROFESSIONAL SERVICES CONSULTING AGREEMENT DATED SEPTEMBER 21, 2015 WITH 4LEAF, INC.
WHEREAS, due to the continued increase in construction activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff requested two proposals from 4LEAF to provide continued professional services in the Building Department; and
WHEREAS, a series of task orders have been previously approved to provide professional services within the Building Department, such as professional building inspection and plan checking; and
WHEREAS, the City contracts professional personnel services in the Building Department in order to keep pace with ongoing construction activity; and WHEREAS, the cost of Task Order No. 33 for Plan Check Services is for an amount not to exceed $ 400, 000 and will be paid on a percentage and/ or hourly basis; and
WHEREAS, sufficient funds have been included in fiscal year 2023- 24 adopted budget and will be paid from funds allocated in G/ L account 2015- 50- 30- 420- 01- 00; and
WHEREAS, the proposed Task Order No. 33 will be fully funded by plan check fees collected from development and costs for plan check services will only be paid if the revenue has been received.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Task Order No. 33 for an amount not to exceed 400, 000 with 4LEAF, Inc. to provide continued professional consultant services in the capacity of Plan Check for the Building Department. 124
The foregoing resolution was passed and adopted this 11t" of December 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 125
CITY OF LATHROP
ACHMENT " }
TASK ORDER NO. 33
PURSUANT TO MASTER CONSULTING AGREEMENT DATED
SEPTEMBER 21, 2015 WITH 4LEAF, INC.
TO PROVIDE BUILDING PLAN CHECK SERVICES
THIS TASK ORDER NO. 33 dated for convenience this 11th day of December 2023 is by and made and entered into by and between 4LEAF, Inc. (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:
WHEREAS, on September 21, 2015, CONSULTANT entered into a Master Agreement with the CITY, and parties approved an extension of the term to June 30, 2021, pursuant to Amendment No. 2, dated June 30, 2019. On March 8, 2021, City Council approved an extension of the term to June 30, 2023 pursuant to Amendment No.3. On July 14, 2023, City Council approved an extension of the term to June 30, 2024 pursuant to Amendment No. 4 (" MASTER AGREEMENT"), by which the CONSULTANT has agreed to perform building professional services; and WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Building Plan Check Services, which are required by this Task Order No. 33; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Building Plan Check Services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Incorporation Of Master Aqreement
This Task Order hereby incorporates by reference all terms and conditions set forth in the Master Agreement for Consulting Services for this project, unless specifically modified by this Task Order.
2) Scope of Service
CONSULTANT agrees to perform Building Plan Check Services in accordance with the scope of work and fee proposal provided in Exhibit " A"
126
CITY OF LATHROP — TASK ORDER NO. 33 WITH 4LEAF INC. TO PROVIDE
BUILDING PLAN CHECK SERVICES
to this Task Order.
CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to the CITY' S satisfaction. 3) Effective Date and Term
The effective date of this Task Order No. 33 is December 11, 2023, and it shall terminate no later than June 30, 2024.
4) Compensation
CITY hereby agrees to pay CONSULTANT hourly rates and other charges detailed in Exhibit " A" up to a total sum not to exceed $ 400,000 for Building Plan Check Services. CONSULTANT shall be paid any uncontested sum due and payable within thirty (30) days of receipt of billings containing all information pursuant to Paragraph 5 in the MASTER AGREEMENT Dated September 21, 2015.
5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurance have been received. City shall not be obligated to pay CONSULTANT for any services rendered prior to issuance of the Notice to Proceed.
6) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
127
CITY OF LATHROP — TASK ORDER NO. 33 WITH 4LEAF INC. TO PROVIDE
BUILDING PLAN CHECK SERVICES
Approved as to Form: City of Lathrop
City Attorney
2,'- zT3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by:
Reso # City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: 4LEAF Inc.
2126 Rheem Drive
Pleasanton, CA 94588
Fed I D # 94- 3393574
Bus License # 20088
Signature Date
Kevin J. Duqqan, President
Print Name and title)
128
4LEAF, I vC.
CONSTRUCTION MANAGEMENT• PLAN CHECK EXHIBIT „ A„
INSPECTION• PLANNING• CODE ENFORCEMENT
FEE SCHEDULE
FY2023- 2024 FEE SCHEDULE & BASIS OF CHARGES
FOR THE CITY OF LATHROP
All Rates are Subject to Basis of Charges
Plan Review Percenta e: 65% of City Fee Fee includes:
Inclusive of Life Health Safety, ADA Requirements Initial review and two ( 2) rechecks. Hourly and Title 24 Energy Requirement Plan Checks) charges apply after three ( 3) or more Hourly:$ 108 Non- Structural Review rechecks ( with authorization from CBO). 137 Structural Review
Plumbin/ Mechanical/ Electrical Onlv: 40% of City Fee Y Shipping, courier, and electronic service.
Hourly:$ 108 Non- Structural Review
Structural Onlv Plan Checks: 40% of City Fee
Hourly: $ 137 Structural Review
Buil in
Chief Building Official.........................................................................................................................$ 175/ hour Structural Plan Review Engineer........................................................................................................$ 137/ hour Non- Structural Plans Examiner..........................................................................................................$ 108/ hour Certified Access Specialist ( CASp) Inspector......................................................................................$ 175/ hour Certified Access Specialist ( CASp) Plans Examiner.............................................................................$ 175/ hour Senior Combination Building Inspector( Building Inspector III).........................................................$ 134/ hour Commercial Building Inspector( Building Inspector II) ......................................................................$ 121/ hour Residential Building Inspector( Building Inspector I)..........................................................................$ 109/ hour PermitManager..................................................................................................................................$ 85/ hour SeniorPermit Technician....................................................................................................................$ 77/ hour PermitTechnician...............................................................................................................................$ 71/ hour Clerk/ Administrator............................................................................................................................$ 66/ hour Civil Plan Review( Grading, Improvement Plans)...............................................................................$ 175/ hour Inspector of Record ( Including DSA/ OSHPD)......................................................................................$ 163/ hour GoFormz Software..................................................................................................................$ 50/ user monthly Code Enforcement
Code Enforcement Director..............................................................................................................$ 180/ hour Code Enforcement Manager............................................................................................................$ 155/ hour Senior Code Enforcement Officer.....................................................................................................$ 119/ hour Code Enforcement Officer II.............................................................................................................$ 108/ hour CodeEnforcement Officer I..............................................................................................................$ 98/ hour Fee Schedule November 16, 2023
129
4LEAF, ItvC.
CONSTRUCTION MANAGEMENT• PLAN CHECK
INSPECTION• PLANNING• CODE ENFORCEMENT
Fire
Fire Protection Engineer( FPE)............................................................................................................$ 205/ hour Fire Prevention Officer ......................................................................................................................$ 180/ hour FirePlans Examiner............................................................................................................................$ 165/ hour FireInspector II...................................................................................................................................$ 185/ hour FireInspector I....................................................................................................................................$ 175/ hour
BASIS OF CHARGES
Rates are inclusive of" tools of the trade" such as forms, telephones, and consumables.
All invoicing will be submitted monthly.
Staff Augmentation work ( excluding plan review) is subject to 4- hour minimum charges unless stated otherwise. Services billed in 4- hour increments.
Most plan reviews will be done in 10 business days or less and 5 business days or less for re- checks. This is not inclusive of holidays or the day of the pick- up of plans.
Expedited reviews will be billed at 1. 5x the plan review fee listed in the fee schedule. Return time will be within five( 5) days of receipt of the plans from the City.
Plan review of deferred submittals& revisions will be billed at the hourly rates listed.
All plan review services will be subject to a $ 305. 00 minimum fee if percentage- based fee or 2- hour minimum charge if hourly rates apply.
Larger complex plan reviews can be negotiated to achieve the best possible pricing.
All plan review services will be subject to 2- hour minimum fee.
All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks.
Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case- by- case basis.
Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
4LEAF assumes that these rates reflect the FY2023- 2024 contract period. There will be a 3% escalation for FY2024- 2025, FY2025- 2026
Overtime and Premium time will be charged as follows:
Regular time( work begun after SAM or before 4PMJ 1 x hourly rate Nighttime( work begun after 4PM or before SAM) 1. 125 x hourly rate Overtime( over 8- hour M- F or Saturdays) 1. 5 x hourly rate Overtime( over 8 hours Sat or 15t 8- hour SunJ 2 x hourly rate Overtime( over 8 hours Sun or Holidays) 3 x hourly rate Overtime will only be billed with prior authorization of the Director or other designated City personnel.
All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
Mileage driven during the course of Inspections will be charged at cost plus 20%.
Payment due on receipt. All payments over 30 days will be assessed a 1. 5% interest charge.
Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts.
Client agrees that 4LEAF' s liability will be limited to the value of services provided.
Fee Schedule November 16, 2023
130
4LEAF, ItvC.
CONSTRUCTION MANAGEMENT' PLAN CHECK
INSPECTION• PLANNING• CODE ENFORCEMENT
In accordance with California' s Meal Break and Rest Break Law requirements, Client will be billed one( 1) additional hour per day at the regular rate for each missed meal or rest break due to Client- directed tasks or requirements. Client should allow 4LEAF' s non- exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.
Fee Schedule November 16, 2023
131
132
ITEM 4. 13
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A SERVICE CONTRACT WITH CALIFORNIA
SALES ORGANIZATION, LLC FOR EVIDENCE
STORAGE AND PROCESSING EQUIPMENT FOR THE
PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13
CORPORATION YARD IMPROVEMENTS
RECOMMENDATION: Adopt Resolution Approving a Service Contract with California Sales Organization, LLC for Evidence
Storage and Processing Facilities for the Property
and Evidence Building, CIP GG 21- 13 Corporation
Yard Improvements
SUMMARY:
On June 12, 2023, City Council awarded a contract for the construction of the Property and Evidence Building associated with CIP GG 21- 13, Corporation Yard Improvements. The contract included construction of the building and site improvements but did not include supply and installation of the evidence storage and processing equipment essential to the services provided by Lathrop Police Department ( LPD).
Therefore, staff obtained through California Multiple Award Schedules ( CMAS) a quote for $ 562, 470 from California Sales Organization LLC ( C50) for the materials and installation of the evidence storage and processing equipment ( Project).
Pursuant to Lathrop Municipal Code 2. 36. 110B, staff requests City Council approve a service contract with CSO for the Project for $ 562, 470. Staff also requests City Council authorize a 10% construction contingency of $ 56, 247 for a total Project cost not to exceed $ 618, 717.
Sufficient funds were allocated in the Fiscal Year ( FY) 2023- 24 approved budget to award the contact; therefore, no budget amendment is needed.
BACKGROUND:
The Project scope includes the purchase and installation of tools and equipment essential to many of the services provided by LPD. These items include motorized and fixed shelving, cold storage, a locked safe for secure storage, and equipment for the handling and retrieval of evidence. Equipment for the analysis of fingerprints and wardrobe lockers is also included in the quote. All items in the proposed contract are listed with costs in Table 1, below:
133
CITY MANAGER' S REPORT PAGE 2
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE A SERVICE CONTRACT WITH CSO FOR EVIDENCE STORAGE AND
PROCESSING EQUIPMENT FOR THE PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13
Table 1: Evidence Storage and Processing Equipment
ITEM TOTAL MATERIALS LABOR
High Density Shelving 440, 700. 00 $ 347, 000. 00 $ 93, 700. 00 Drug Cabinets 3, 700. 00 $ 2, 500. 00 $ 1, 200. 00
Evidence Lockers 28, 700. 00 $ 25, 500. 00 $ 3, 200. 00 Wardrobe Lockers 3, 500. 00 $ 3, 150. 00 350. 00
Forensic Drying Cabinet 5, 900. 00 $ 5, 400. 00 500. 00 Fuming Chamber 6, 500. 00 $ 6, 250. 00 250. 00
Humidity Chamber 14, 250. 00 $ 14, 000. 00 250. 00
Fume Hood 4, 200. 00 $ 3, 950. 00 250. 00
Safe 3, 700. 00 $ 3, 550. 00 150. 00
Evidence Refrigerator 2, 800. 00 $ 2, 650. 00 150. 00
Evidence Freezer 3, 400. 00 $ 3, 250. 00 150. 00
517, 350. 00 $ 417, 200. 00 $ 100, 150. 00
PRE- TAX TOTAL 517, 350. 00
8. 75% TAX ON $ 515, 650 $ 45, 119. 38
TOTAL 562, 469. 38
Staff requests City Council adopt a resolution approving a service contract with CSO for $ 562, 470. Staff also requests City Council authorize a 10% construction contingency of $ 56, 247, and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 618, 717.
REASON FOR RECOMMENDATION:
The proposed improvements will provide LPD with equipment and tools for the secure storage, handling and processing of evidence that are essential to many of the services provided by the department.
FISCAL IMPACT:
The proposed service contract with CSO is for $ 562, 470. A 10% construction contingency of $ 56, 247 is requested for a total cost not to exceed $ 618, 717.
Sufficient funds were allocated to CIP GG 21- 13 in the approved FY 2023- 24 budget to award the contact; therefore, no budget amendment is needed.
ATTACH M ENTS:
A. Resolution Approving a Service Contract with California Sales Organization, LLC for Evidence Storage and Processing Equipment for the Property and Evidence Building, CIP GG 21- 13 Corporation Yard Improvements B. Service Contract with California Sales Organization, LLC for Evidence Storage and Processing Equipment for the Property and Evidence Building, CIP GG 21- 13, Corporation Yard Improvements
134
CITY MANAGER' S REPORT PAGE 3
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE A SERVICE CONTRACT WITH CSO FOR EVIDENCE STORAGE AND
PROCESSING EQUIPMENT FOR THE PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13
APPROVALS:
S/ 2 23
Steven Hollenbeak Date
Assistant Engineer
2// 3
Ken Ree Date
Senior Construction Manager
ZI zBrad ylor Date
City Engineer
b
en Se Date
C h i e Ro'
1,
Ca ' James Date
Director of inance
Z —"7 - Zo
Michael King Date
Assistant City Manager
jZ- ? -2.Oz 3
Salvador Navarrete Date
City Attorney
Z•?•
Ste J. Salvatore Date
City Manager
135
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A SERVICE CONTRACT WITH CALIFORNIA SALES
ORGANIZATION, LLC FOR THE PURCHASE OF EVIDENCE STORAGE AND
PROCESSING EQUIPMENT FOR THE LATHROP POLICE DEPARTMENT
PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 CORPORATION YARD
IMPROVEMENTS
WHEREAS, on June 12, 2023, City Council awarded a contract for the construction of the Lathrop Police Department Property and Evidence Building, CIP GG 21- 13, Corporation Yard Improvements; and
WHEREAS, the Property and Evidence Building requires several types of modular evidence storage and processing components, which were not included in the contract for the construction of the building; and
WHEREAS, staff obtained through California Multiple Award Schedules CMAS) a quote for $ 562, 470 from California Sales Organization ( CSO) for the materials and installation of the evidence storage and processing equipment Project); and
WHEREAS, pursuant to Lathrop Municipal Code 2. 36. 110B, staff requests City Council approve a service contract with CSO in the amount of $ 562, 470 for the Project; and
WHEREAS, staff also requests Council authorize a 10% construction contingency in the amount of $ 56, 247 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed 618, 717; and
WHEREAS, sufficient funds were allocated to CIP GG 21- 13 in the approved Fiscal Year ( FY) 2023/ 24 budget to fund the contact.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a service contract with CSO for the Project for the Lathrop Police Department Property and Evidence Building, CIP GG 21- 13, Corporation Yard Improvements for a cost of $ 562, 470; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 10% construction contingency of $ 56, 247, for a total cost not to exceed $ 618, 717 for the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project.
136
The foregoing resolution was passed and adopted this 11th day of December, 2023 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 137
ATTACHMEN7
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP
AND CALIFORNIA SALES ORGANIZATION LLC
FOR THE MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND
PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, RELATED TO THE CORPORATION YARD IMPROVEMENTS, CIP GG 21- 13 THIS SERVICE CONTRACT ( hereinafter" Contract") is made on December 11, 2023, by and between the CITY OF LATHROP, a municipal corporation of the State of California hereinafter " City") and CALIFORNIA SALES ORGANIZATION LLC ( hereinafter " Contractor"), whose Taxpayer ldentification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:
SCOPE OF WORK
Contractor agrees to provide the Materials and Installation of the Evidence Storage and Processing Equipment at the Lathrop Property and Evidence Building in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibit " A" and incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' s satisfaction.
CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on time and materials basis not to exceed $ 562, 469.38 set forth in Exhibit " A".
TIME FOR PERFORMANCE
The effective date of this Contract is December 11, 2023, and it shall terminate no later than June 30, 2025.
PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.
INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation.
Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City. Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' s expense.
138
SERVICE CONTRACT— CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner.
a) If the notice is given to the City, by personal delivery thereof to the City' s Director of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s Director of Public Works, postage prepaid and certified;
b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' s Bid postage prepaid and certified; or
c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property.
The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.
CONTRACTOR' S WARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance.
Contractor unqualifiedly warrants all work and materials to be free of defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.
APPRENTICES
a) The Contractor' s attention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7 of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6 and 1777. 7 of the California Labor Code.
139
SERVICE CONTRACT- CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 b) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
c) Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.
HOURS OF WORK
Eight ( 8) hours of work in any calendar day shall constitute a legal day' s work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- five dollars ($ 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty ( 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work perFormed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.
PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work.
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.
The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
a) A certified copy of the employee's payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
b) A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7 to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
c) A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the
140
SERVICE CONTRACT— CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 Contractor, subcontractors and the entity through which the request was made.
The public shall not be given access to such records at the principal office of the Contractor.
The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request. Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.
Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.
PREVAILING WAGES
a) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. (" Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable public works" or" maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at
http:// www. dir. ca. ctov/dlsr/PWD/index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perForm work on the Project available to interested parties upon request, and shall post copies at the Contractor' s principal place of business and at the Project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
141
SERVICE CONTRACT— CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 b) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
BONDS
a) As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before date of execution, the Contractor shall furnish satisfactory Performance Bond in the amount of 100 percent of the Contract Price and Payment Bond in the amount of 100 percent of the Contract Price as security for the faithful performance and payment of all the Contractor's obligations under this Contract.
b) The Guaranty ( Warranty) Bond shall remain in effect at least until one year after the date of Acceptance of Public Improvements by the City as applicable, except as otherwise provided by Law or Regulation.
c) The Bond Company acknowledges that the Performance Bond, Payment Bond, and Guaranty (Warranty) Bond will be separately enforceable until each is separately released by the City of Lathrop. The release of one bond shall not release the remaining bond( s), even if all bonds share the same bond number. d) If the surety on any Bond furnished by the Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the WORK is located, the Contractor shall within 7 days thereafter substitute another Bond and Surety, which must be acceptable to the CITY.
INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at CONTRACTOR' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000, 000).
142
SERVICE CONTRACT- CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 In the alternative, CONTRACTOR may rely on a self-insurance program to meet these requirements provided that the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liabilitv Insurance. CONTRACTOR, at CONTRACTOR' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than two million dollars per occurrence ($ 2, 000, 000), combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of CONTRACTOR; premises owned, occupied or used by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONTRACTOR to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
143
SERVICE CONTRACT— CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self- Insured Retentions. CONTRACTOR shall disclose the selfinsured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY Manager may condition approval of an increase in deductible or self-insured retention levels upon a requirement that CONTRACTOR procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR' S earliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage. e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' S breach.
INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or' any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on
144
SERVICE CONTRACT- CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 Contractor in the performance of or failure to perForm the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.
This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.
COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein.
Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.
INTERPRETATION
a) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract. b) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.
APPLICABLE LAW
a) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California. b) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.
145
SERVICE CONTRACT— CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13
SIGNATURES
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
146
CONSTRUCTION CONTRACT— CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 Approved as to Form: City of Lathrop
City Attorney
lZ s-'- iot3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved By: City of Lathrop
City Council Meeting:
390 Towne Centre Drive
Resolution No.: Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Contractor: California Sales Organization LLC
Jeff LeBoss
4610 Martha Avenue
Tracy, CA 95377
Federal Tax ID #
Lathrop Business License #
Signature Date
Print Name and Title
147
EXHIBIT""
ESTIMATE
r
California Sales Org LLC jeff spacesolutions. us
4610 Martha Ave 510) 695- 0349
Tracy, CA 95377 spacesolutions. us
Lathrop Police Department
6iu to snip to
Lathrop Police Department Lathrop Police Department
2112 E Louise Ave. 2112 E Louise Ave.
Lathrop„ CA 95330 Lathrop„ CA 95330
Estimate details
Estimate no.: 1383
Estlmate date: 12/ 04/ 2023
Date Product or service SKU Qty Rate Amount
1. Spacefile Mobile 1 $ 347, 000. 00 $ 347, 000. 00
High Density Shelving
9) 48" W x 24' L Powered Spacefile Carriages Consisting of:
o( 6) 48" W x 24" D x 121 Yo" H Back to Back Sections
7) Levels+ Canopy Top
5) 24" W x 24' L Powered Spacefile Carriages Consisting of:
o( 6) 48" W x 12" D x 121 / a" H Back to Back Sections
9) Levels+ Canopy Top
Shared Back Panels
1) 12" W x 24' L Powered Spacefile Carriages Consisting of:
o( 6) 48" W x 12" D x 121 / a" H Single Faced Sections
9) Levels+ Canopy Top
Back Panels
2. CERTIFIED INSTALLATION 1 $ 93, 700. 00 $ 93, 700. 00
INSTALLATION OF MOBILE
3. Shelving 1 $ 2, 500. 00 $ 2, 500. 00
Drugs RM511
4) 48" W x 21" D x 97/ a" H Single Faced Static Sections o( 7) Levels+ Canopy Top
o Tambour poor
4. CERTIFIED INSTALLATION 1 $ 1, 200. 00 $ 1, 200. 00
Drug RM511 Shelving
5. Product 1 $ 25, 500. 00 $ 25, 500. 00
EVIDENCE LOCKERS
148
6. CERTIFIED INSTALLATION 1 $ 3, 200. 00 $ 3, 200. 00
Evidence Lockers
7. Product 1 $ 3, 150. 00 $ 3, 150. 00
Wardrobe Lockers( 6)
8. CERTIFIED INSTALLATION 1 350. 00 $ 350. 00
Wardrobe LOCKER INSTALLATION
9. Product 1 $ 5, 400. 00 $ 5, 400. 00
DRYER CABINET EACH UNIT INCLUDES:
First set of filters( carbon, HEPA and pre- fiRers)
Removable hanging rod
Removable perforated shelving( 3 per chamber)
Manual washdown package( hoses, spray noule, drain pump) 1 UV- FDC Germicidal UV lamp and timer
1 STARTKIT Start- up kit( hangers, gloves, liners, and more) 1 LIGHT-FDC Internal lighting
10. CERTIFIED INSTALLATION 1 500. 00 $ 500. 00
Forensic Drying Cabinet
11. Product 1 $ 6, 250. 00 $ 6, 250. 00
Safefume Automatic Cyanoacrylate Fuming Chamber:
QTY:( 1) CA30S Benchtop, 2. 5ft wide, SAFEFUME
Each Unit Includes:
1 UV- CA UV system
1 ELOCK Electronic Door Lock
1 AHOTPLATE Advanced Hot Plate
1 WF2 Humidity Fitters— Pack of 4
1 ASTM- PRF Main Pre-filters Pack of 6
1 CA- PRFCirculation Fan Prefifters— Pack of 10
1 ASTM- 001 Main Carbon FiRer
1 72452 Sleeve of 100 tin dishes
1 AA- 500500 gram bottle of Cyanoacrylate
1 AA- 49020 gram bottle of Cyanoacrylate
12. CERTIFIED INSTALLATION 1 250. 00 $ 250. 00
Fuming Chamber
13. Product 1 $ 14, 000. 00 $ 14, 000. 00
Safedevelop Heat and Humidity chamber for DFO/ Ninhydrin processing:
1 VB- 60 Ductless fume extractor w/ activated carbon filter.
14. CERTIFIED INSTALLATION 1 250. 00 $ 250. 00
Humidity Chamber
15. Product 1 $ 3, 950. 00 $ 3, 950. 00
QTY:( 1) PURAIR BASIC DUCTLESS FUME HOODS:
1 P5- 36XT- A 3ft wide, 115v
FILTER SELECTION:
1 ASTS- 001 GP Plus fiker for solvents and organics
EQUIPMENT INCLUDED:
1 TRAY-P5- 36 Polypropylene spillage tray
1 CART- 36 Open steel cart with locking casters
1 DWYER Continuous airflow display
1 MIF- 001 Custom fuily closing sash.
149
16. CERTIFIED INSTALLATION 1 250. 00 $ 250. 00
Fume Hood
17. Product 1 $ 3, 550. 00 $ 3, 550. 00
QTY:( 1) Mesa Safe Burglary& Firesafe Cabinet- 32" W x 22" D x 59" H 1 HR Fire Rating, Combo Lock
18. CERTIFIED INSTALLATION 1 150. 00 $ 150. 00
SAFE INSTALLATION
19. Product 1 $ 2, 650. 00 $ 2, 650. 00
QTY:( 1) 54" W x 32 Ya" D x 82'/ z" H Nexel Reach Refrigerator, 2 Glass Doors, 47 Cu. Ft.
20. CERTIFIED INSTALLATION 1 150. 00 $ 150. 00
Evidence Refrigerator
21. Product 1 $ 3, 250. 00 $ 3, 250. 00
QTY:( 1) 54" W x 32 Ya" D x 82/ z" H Nexel Reach In Freezer, 2 Solid Doors, 47 Cu. Ft., Stainless Steel
22. CERTIFIED INSTALLATION 1 150. 00 $ 150. 00
Evidence Freezer
23. 0. 00
CMAS Number: 4- 22- 09- 1040
24. 0. 00
SHOP DRAWINGS WILL BE PREAPRED FOR SIGNOFF ONCE ORDER IS PLACED
25. 0. 00
price includes prevailing wage during normal business hours)
26. 0. 00
TERMS: 50% non- refundable deposit is due with order
40% due upon shipment of product
Balance 10% due upon completion of installation
Subtotal 517, 350. 00
Sales tax 45, 119. 38
Tota 562,469.38
150
ITEM 4. 14
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 2 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH
MARK THOMAS FOR THE LOUISE AVENUE /
INTERSTATE 5 INTERCHANGE PROJECT, CIP
PS 06- 06 AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving Amendment No. 2 to the Professional Services Agreement with
Mark Thomas for the Louise Avenue /
Interstate 5 Interchange Project, CIP PS 06-
06 and Approve Budget Amendment
SUMMARY:
On November 9, 2020, City Council approved Amendment No. 1 with Mark Thomas Company, Inc. ( Mark Thomas) to prepare the Project Approval and Environmental Document ( PA& ED) for Capital Improvement Project ( CIP) PS 06- 06 for Louise Avenue / Interstate- 5 ( I- 5) Interchange ( Project). The original scope of work consisted on conducting environmental studies based on the Preliminary Environmental Assessment Report ( PEAR) approved by the Department of Transportation ( Caltrans) in 2007.
Standards have been revised and Caltrans is now requesting additional environmental documentation to supplement older studies and meet current requirements. Mark Thomas has provided the City with a revise scope of work to complete the required technical studies. Staff has reviewed the proposal and found it to be reasonable given the additional scope of services needed to complete the environmental studies under current standards.
Staff is requesting that City Council approve Amendment No. 2 for Professional Services Agreement with Mark Thomas to provide the additional environmental studies to complete the PA& ED phase and extend the term of the Agreement until June 30, 2025.
The cost for the additional services and studies totals $ 207, 303. Sufficient funds were not allocated within the approved Fiscal Year 2023- 24 budget. Thus, staff is also requesting Council approve a budget amendment transferring $ 207, 303 from the Local Transportation Capital Facilities Fees ( 2250) LTF to the Streets CIP Fund 3310).
151
CITY MANAGER' S REPORT PAGE 2
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH MARK THOMAS FOR THE LOUISE AVENUE / INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06- 06
BACKGROUND:
On December 2006, City Council approved a Professional Services Agreement with Mark Thomas to prepare the PA& ED phase for the Project. The PA& ED phase began at that time and advanced through draft technical studies until the Project was put on hold in late 2008. On November 9, 2020, City Council approved Amendment No. 1 with Mark Thomas for $ 698, 587 to update the original scope of work and resume with the preparation of the PA& ED phase. The environmental studies were based on the PEAR approved by Caltrans in 2007.
Caltrans has updated their standards and is now requiring additional environmental documentation to supplement older studies and meet current guidelines. Technical studies such as the Air Quality Report and Natural Environment Study will need to be revised. Other new studies will need to be prepared such as a Historical Resources Evaluation Report ( HRER), and new Community Impact, Paleontological, Visual Impacts, and Water Quality Memorandums.
Mark Thomas has provided a revise scope of work and fee proposal in the amount of $ 207, 303 to complete the PA& ED under the new Caltrans standards. Staff has reviewed and deemed the proposal reasonable given the large scope of services and amount of work involved to conduct the additional environmental studies.
Staff is requesting Council approve Amendment No. 2 with Mark Thomas to provide additional coordination services to complete the PA& ED and extend the term of the Agreement until June 30, 2025.
REASON FOR RECOMMENDATION:
To satisfy Caltrans requirements, some initial environmental studies will need to be revised to current standards. Approval of Amendment No. 2 will allow Mark Thomas to finalize the additional coordination services and environmental studies needed to complete the PA& ED phase. With Caltrans approval and the environmental phase completed, the Project can move forward to the Plans, Specifications, and Estimate PS& E) phase.
FISCAL IMPACT:
The cost for the additional services and studies is $ 207, 303. Sufficient funds were not allocated within the approved Fiscal Year 2023- 24 budget. Thus, staff is also requesting Council to approve a budget amendment transferring $ 207, 303 from the Local Transportation Capital Facilities Fees ( 2250) LTF to CIP PS 06- 06 as follows:
152
CITY MANAGER' S REPORT PAGE 3
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH MARK THOMAS FOR THE LOUISE AVENUE / INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06- 06
Increase Transfer Out
2250- 9900- 990- 9010 PS 06- 06 207, 303
Increase Transfer In
3310- 9900- 393- 0000 PS 06- 06 207, 303
Increase Appropriation
3310- 8000- 420- 8400 PS 06- 06 207, 303
ATTACH M ENTS:
A. Resolution Approving Amendment No. 2 to the Professional Services Agreement with Mark Thomas for the Louise Avenue / Interstate 5 Interchange Project, CIP PS 06- 06
B. Contract Amendment No. 2 with Mark Thomas for Professional Services Agreement to the Louise Avenue / Interstate 5 Interchange Project, CIP PS 06- 06
153
CITY MANAGER' S REPORT PAGE 4
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH MARK THOMAS FOR THE LOUISE AVENUE / INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06- 06
APPROVALS:
29 - 2023
Angel A arca Date
Assistant Engineer
II Z
Brad ylor Date
City En ineer
l-_-
Cari Ja e Date
Finance ' D rector
1(• 30 Z 23
Michael King Date
Assistant City Mana r
1 4 -
z.o 3
Salvador Navarrete Date
City Attorney
a• s •z3
Stephen J. Salvatore Date
City Manager
154
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH MARK THOMAS FOR THE LOUISE AVENUE / INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06- 06 AND APPROVE BUDGET
AMENDMENT
WHEREAS, on December 2006, City Council approved a Professional Services Agreement with Mark Thomas Company, Inc. ( Mark Thomas) to prepare the Project Approval and Environmental Document ( PA& ED) for Capital Improvement Project CIP) PS 06- 06 for Louise Avenue / Interstate- 5 ( I- 5) Interchange ( Project); and WHEREAS, the PA& ED phase began at that time and advanced through draft technical studies until the Project was put on hold in late 2008; and WHEREAS, on November 9, 2020, City Council approved Amendment No. 1 with Mark Thomas for $ 698, 587 to update the original scope of work and resume with the preparation of the PA& ED phase; and
WHEREAS, the original scope of work consisted on conducting environmental studies based on the Preliminary Environmental Assessment Report ( PEAR) approved by the Department of Transportation ( Caltrans) in 2007; and WHEREAS, standards have been revised and Caltrans is now requesting additional environmental documentation to supplement older studies and meet current requirements; and
WHEREAS, Mark Thomas has provided a revise scope of work and fee proposal in the amount of $ 207, 303 to complete the PA& ED under recent Caltrans standards; and
WHEREAS, staff has reviewed the proposal and found it to be reasonable given the additional scope of services needed to complete the environmental studies under current standards; and
WHEREAS, staff is requesting that City Council approve Amendment No. 2 for Professional Services Agreement with Mark Thomas to provide the additional environmental studies and complete the PA& ED phase for a total amount of$ 207, 303 and extend the term of the Agreement until June 30, 2025; and WHEREAS, the cost for the additional services and studies is $ 207, 303.
Sufficient funds were not allocated within the approved Fiscal Year 2023- 24 budget.
Thus, staff is also requesting Council to approve a budget amendment transferring 207, 303 from the Local Transportation Capital Facilities Fees ( 2250) LTF to the Streets CIP Fund ( 3310) as follows:
155
Increase Transfer Out
2250- 9900- 990- 9010 PS 06- 06 207, 303
Increase Transfer In
3310- 9900- 393- 0000 PS 06- 06 207, 303
Increase Appropriation
3310- 8000- 420- 8400 PS 06- 06 207, 303
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Amendment No. 2 to the Professional Services Agreement with Mark Thomas for the Louise Avenue / Interstate 5 Interchange Project, CIP PS 06- 06; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves a budget amendment transferring $ 207, 303 from the Local Transportation Capital Facilities Fees ( 2250) LTF to CIP PS 06- 06, as detailed above. 156
The foregoing resolution was passed and adopted this 11th day of December, 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 157
AMENDMENT NO. 2
TO THE AGREEMENT FOR CONSULTING SERVICES WITH MARK THOMAS FOR THE
PREPARATION OF THE PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT PA8 ED) FOR LOUISE AVENUE AND INTERSTATE 5 ( I- 5) INTERCHANGE PROJECT CIP PS 06- 06
This Contract Amendment( hereinafter" AMENDMENT") to the agreement befinreen Mark Thomas and the City of Lathrop dated December 19, 2006, ( hereinafter AGREEMENT") dated for convenience this December 11, 2023, is by and between Mark Thomas (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to provide Professional Engineering Services for the completion of a Project Approval and Environmental Document ( PA& ED); and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on December 19, 2006 City Council approved the AGREEMENT with Mark Thomas to provide Professional Engineering Consulting Services in the amount of 2, 431, 661; and
WHEREAS, on November 9, 2020 City Council approved AMENDMENT No. 1 with Mark Thomas to provide additional Professional Engineering Consulting Services in the amount of $ 698, 587; and
WHEREAS, CONSULTANT is willing to render such Professional Engineering Services for the preparation of the Project Approval and Environmental Document PA& ED), as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and CITY agree as follows:
AMENDMENT No. 2 to AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT for Consulting is hereby amended to the following:
CONSULTANT agrees to perform additional services in conformance with the scope of work and fee proposal submitted by the CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference.
158
CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 WITH
MARK THOMAS FOR THE PREPARATION OF THE PROJECT APPROVAL& ENVIRONMENTAL DOCUMENT ( PA& ED) FOR LOUISE AVENUE AND INTERSTATE 5 ( I- 5) INTERCHANGE PROJECT CIP PS 06- 06
The aforementioned work is in addition to the scope of work in the original AGREEMENT dated December 19, 2006, and Amendment No. 1 dated November 9, 2020 for Professional Engineering Consulting Services for the Louise Avenue/ I5 Interchange. The scope of work is hereby amended by adding Exhibit " A".
CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and the CITY'S satisfaction. 2) Compensation. Section (2) of the Agreement for Consulting Services is hereby amended to add the following:
City hereby agrees to pay CONSULTANT an additional sum not to exceed 207 303 for the professional services for the completion of a Project Approval and Environmental Document( PA& ED) set forth in Exhibit" A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY'S Authorized Representative prior to the commencement of the work. 3) Effective Date and Term
The effective date of AMENDMENT No. 2 is December 11, 2023 and it shall terminate no later than June 30, 2025. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicabilitv To Oriqinal Consultant AAreement
All terms and conditions set forth in the AGREEMENT dated December 19, 2006 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Siqnatures
The individuals executing this AMENDMENT represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
159
CITY OF LATHROP— PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1
WITH MARK THOMAS FOR THE PREPARATION OF THE PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT( PA& ED) FOR LOUISE AVENUE AND INTERSTATE 5 I- 5) INTERCHANGE PROJECT CIP PS 06- 06
Approved as to Form: City of Lathrop
City Attorney
l 30 z. 3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved By: City of Lathrop
Resolution # 390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: Mark Thomas
701 University Ave, Suite 200
Sacramento, CA, 95825
Fed I D #
Business License #
Date
Print Name and Title)
160
MARK THOMAS
November 22, 2023
Mr. Angel Abarca Project No.: SA- 20103
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
RE: 15/ Louise Avenue Interchange PA/ ED— AM # 2 REQUEST Dear Mr. Abarca:
Mark Thomas has completed the following tasks to gain the project approval and environmental documentation for the project including:
24 months of continual PDT and Focus meetings with project stakeholders, City, Caltrans, and subconsultants
Existing Conditions/ Forecast Methodology Memos
Final Traffic Operations Analysis Report
Alternative Screening Memo ( reducing the number of evaluated alternatives) Approved Traffic Management Plan
Approved Life Cycle Cost Analysis
Approved Right of Way Data Sheet
Approved Project Risk Register
Geometric Approval Drawings and 11- Page Cost Estimates Approved Advanced Planning Studies for proposed retaining walls Approved Initial Site Assessment
Approved Geotechnical Materials Report
Draft Design Standard Decision Documents
Draft Highway Safety Analysis
Draft Storm Water Data Report
Draft Preliminary Drainage Report
Admin Draft Project Report
Please find attached the scope of work and fee proposal for providing additional project development and environmental services for the 15/ Louise Avenue Interchange PA/ ED project.
Effort related to gaining traffic approvals, alternative selection, and interchange design details 161
PAGE20F11 i
exceeded the original budget amount. Additionally, the changeover in Caltrans project management and functional unit staff required additional PDT and focus meetings to cover project history.
The environmental original scope of work, dated January 11th, 2021, included environmental tasks to supplement and complete the I- 5/ Louise Interchange Improvements project based on our understanding of the previous 2007 Preliminary Environmental Assessment Report ( PEAR) requirements and discussions we had with Caltrans staff in the fall of 2020. Subsequent to the discussions we had with Caltrans staff in 2020, the PDT met in January 2021, during which time Caltrans staff requested additional environmental documentation in order to supplement the older PEAR and meet current Caltrans requirements. Additionally, for the past two years, the project has focused on updating the traffic analysis to provide an alternatives screening memo, to select a single preferred build alternative. Since that time, Caltrans standards have been revised and new requirements will now need to be incorporated. The City and Consulting team met with Caltrans District 10 staff, including senior staff and the Environmental Branch Chief. The below environmental approach is based on the results of that meeting.
Task 1. 1 Project Management
This scope of work assumes project management activities for an additional 12 months. Mark Thomas' Project Manager will plan, organize, direct and monitor project work activities and resources in accordance with contracted scope, schedule and budget. This task includes performing ongoing general project management with the client, subconsuftants and stakeholders including preparing contract paperwork, monthly status reports, memo' s, letters and e- mail, making phone calls and maintaining project files.
Task 1. 2 Caltrans PDT Meetings
Mark Thomas will hold Project Development Team ( PDT) meetings with subconsultants, City and Caltrans staff to ensure mutual understanding of the intended purposes, objectives, milestones and deliverables of the project.
Task 1. 3 QA/ QC
Additional effort for QA/ QC for new technical studies and reports.
Task 3. 2 D1B78/ Design Decisions
Caltrans requested additional analysis of the project alternative to evaluate bicycle and pedestrian movements through the interchange. This included development of exhibits and focus meetings to discuss the design and non- standard features. The Design Standard Decision Document required 162
PAGE30F11 i
updates related to additional direction from Caltrans related to vehicle clearances and other delegated District design standards.
Task 4.1 Technical Studies
During the January 2021 PDT meeting and confirmed at the September 2023 environmenta) scoping meeting, Caltrans directed the consultant team to provide the following new or expanded technical studies: an Air Quality Report and Air Quality Conformity Report ( instead of updates to current reports); a Natural Environment Study— Minimal Impacts ( NESMI) ( instead of previously proposed NESMI Addendum); a new Community Impact Memorandum; a Historical Resources Evaluation Report ( HRER); a new Paleontological Memorandum, a new Visual Impacts Memorandum; and a new Water Quality Memorandum. Detailed scopes of work for each of the new or expanded technical studies are provided below.
Air ualit
In the January 2021 scope of work, LSA had proposed to complete updates of to the existing Air Quality and Air Quality Conformity Reports. Due to the new Caltrans standards and age of the prior document, LSA will prepare a new Air Quality Report and Air Quality Conformity Report in accordance with the Caltrans' SER template dated August 2023 to evaluate project- related air quality impacts.
LSA will perform all activities related to air qualiry and greenhouse gas ( GHG) impact analyses for use in the environmental document and will prepare an Air Quality and GHG Report that documents the study results. This task would commence with an initial screening of the guidance in effect for Air Quality and GHG analysis when these technical reports are scheduled to begin.
The Air Quality and GHG Report will be prepared in accordance with the following protocols/ guidelines: Caltrans Transportation Project- Level Carbon Monoxide Protocol, FHWA/ EPA Transportation Conformity Guidance for Quantitative Hot- spot Analyses in PMz.s and PM, o Nonattainment and Maintenance Areas, FHWA Interim Guidance on Air Toxic Analysis in NEPA Documents ( mobile source air toxics [ MSAT]), and Caltrans' policy on greenhouse gas emissions.
The Air Quality and GHG Report will also analyze and discuss the presence/ absence of asbestoscontaining structures/ roadway affected by the Project and construction- related impacts. In addition, the proposed project' s short- term construction and long- term operational impact on global warming and climate change will be discussed.
The Air Quality and GHG Report will document whether the proposed project is included in the latest San Joaquin Council of Governments ( SJCOG) Regional Transportation Plan ( RTP), Federal Transportation Improvement Program ( FTIP), and Federal Statewide Transportation Improvement Program ( FSTIP) for preliminary engineering/ environmental documentation. If the project is determined to be a Project of Air Quality Concern, an Interagency Consultation ( IAC) with the 163
PAGE 4 OF 11 i
Federal Highway Administration ( FHWA) and Environmental Protection Agency ( EPA) will need to be conducted.
The Air Quality and GHG Report will make a final determination whether the build alternatives will conform to applicable state and federal air quality plans. Caltrans Standard Specifications for Construction, as well as mitigation measures, if necessary, will be recommended to reduce shortterm construction related impacts. In addition, mitigation measures will be prescribed for any operational impacts that are identified. Interagency Coordination with EPA, Caltrans, and FHWA will be necessary to ensure that the proposed project would not violate/ exacerbate air quality.
In addition to the air quality analysis, LSA will prepare the " Conformity Analysis Documentation for Project- Level Conformity Determinations in Metropolitan Nonattainment/ Maintenance Areas" ( Air Quality Conformity Report [ AQCR]) required for NEPA delegation. This scope assumes the preparation of a quantitative PM, o and PMz.s Hot- Spot assessment would not be required.
We have budgeted 12 hours for responding to comments generated during review of the AQ/ GHG Report and 8 hours for responding to comments generated during review of the AQCR.
De(iverab( es: Air Quality/ Greenhouse Gas Report(, 4Q/ GHGR) ( Draft and Final] Air Quafity Conformity Report( AQCR)( Draft and Fina()
Bioloav
In the January 2021 scope of work, LSA had proposed to complete a NES Addendum to the previous 2010 NESMI. Due to the new Caltrans standards and age of the prior document, LSA will instead evaluate the biological resources present in the project area and determine project effects to those resources by completing a new NES- MI.
A key objective of the evaluation will be to identify any special status plant or wildlife species, or sensitive habitats, that may be affected by the project. Sensitive biological resources potentially occurring in the project area include, but are not limited to, Swainson' s hawk, western burrowing owl, and other nesting birds and bats.
Research/ Coordination. LSA will request a list of special status species from the U. S. Fish and Wildlife Service ( USFWS) via the online Information, Planning, and Conservation ( IPaC) System and will query the California Natural Diversity Data Base. We will also coordinate with local agency biologists, as necessary, regarding issues of concern in the project area.
Field Surveys. The following field surveys are proposed. 164
PAGE 5 OF 11 I'
General Field Survev. LSA will conduct a general field survey to map plant communities and assess habitat conditions and evaluate potential impacts to sensitive biological resources from the proposed project. During this survey, LSA will also review the project site and nearby vicinity for burrows suitable for use by burrowing owl as well as potential nesting trees for raptor species. LSA will also assess the existing overcrossing for potential habitat for nesting birds or roosting bats.
Documentation. LSA proposes to prepare the following reports to document biological resources in the project site and evaluate potential project effects to biological resources.
Natural Environment Study ( Minimal Impact) ( NESMI). The results of the field surveys will be documented in an NESMI prepared for the project in accordance with the Caltrans' SER template dated August 2022. The NESMI will include a discussion of plant communities present and animal species present or expected to occur based on background research and the habitats present at the site. Generalized vegetation maps wil) be prepared showing plant community types as well as the locations of any sensitive biological resources identified. The NESMI will include an assessment of potential project impacts on the biological resources present, and recommended avoidance, minimization, and mitigation measures as appropriate.
We have budgeted 15 hours for responding to comments generated during review of the NESMI.
De( iverab( es: Naturaf Environment Study( Minima( Impacts) ( NESMI) ( Draft and FinafJ Community Impact Assessment Memorandum
The proposed Project will not require the relocation of existing businesses or the acquisition of private property to accommodate Project right- of- way. The Project in and of itself is not growth inducing; however, the proposed Project is being developed to accommodate planned growth in the area.
Based on this, LSA will prepare a Community Impact Assessment Memorandum ( CIA), consistent with the guidelines in the FHWA Technical Advisory T6640. 8A, Caltrans CIA Handbook ( 2011), and other applicable guidance from the FHWA and the Caltrans SER Web sites. The CIA will evaluate community impacts based on a study area defined after preliminary design is complete. The CIA will evaluate resources of concern in the study area. The CIA will address the resources, impacts, and any Project measures to reduce such impacts as applicable.
We have budgeted 4 hours for responding to comments generated during review of the CIA Memorandum.
Defiverab( es: Community Impact Assessment Memorandum ( Draft and Final] 165
PAGE60F11 i'
Cultural Resources
LSA will conduct cultural resource studies that are needed for the ity and Caltrans to address requirements of NEPA, CEQA, and Section 106 of the National Historic Preservation Act using guidance set forth in the Caltrans 2014 FirstAmended ProgrammaticAgreementAmong The Federal HighwayAdministration, the Advisory Council on Historic Preservation, the Cafifornia State Historic Preservation Officer, and the Ca( ifornia Department of Transportation Regarding Compliance With Section 706 of the Nationa( Historic Preservation Act, as it Pertains to the Administration of the Federal- Aid Highway Program in California ( Section 106 PA).
In January 2021, LSA had included a scope to conduct a Supplemental Archaeological Study Report sASR)/ Supplemental Historic Property Survey Report ( sHPSR). Based on recent guidance from Caltrans and reviewing the updated project study area, it has been determined that an evaluation for the Built Environment will also be required. As such, this scope will supplement the previous scope from 2021.
A preliminary review of the 189 parcels within or adjacent to the proposed project area that could contain cultural resources that may be affected by this project has been conducted for this proposa) and is presented below.
Built Environment Resources
LSA reviewed ParcelQuest information as well as aerial photographs and USGS topographic quadrangles to determine the age of buildings located on all parcels within and adjacent to the Study Area. Of the 189 parcels within or adjacent to the Study Area, three contained built environment elements with a " Year Built" date over 45 years old ( i. e., 1978 and older as of 2023), one of these three properties contains a mobile home park over 45 years old that itself contains approximately 120 separate parcels; therefore, a Historical Resources Evaluation Report ( HRER) will be necessary. The following properties contain built environment elements 45 years old or oider:
A residential property constructed in 1951 on a three- acre parcel at 15933 South Manthey Road APN 192- 040- 100);
A gas station constructed in 1969 on a 0.8- acre parcel at 85 East Louise Avenue (APN 196- 270- 100); and
A mobile home park containing the Camino Rea( Mobile Estates, constructed in 1971- 1972 at 15820 South Harlan Road ( APN 196- 270- 020 + 122 additional parcels).
Finding of Effects
Based on the information available at this time, LSA believes a Finding of Effect ( FOE) document to address historic properties may be required to adhere to Caltrans and Section 106 standards. The design team and cultural resources consultant should discuss options for the Project to adhere to 166
PAGE 7 OF 11 i
the Secretary of Interior' s ( SOIS) Guidelines for the Treatment of Historic Properties at 36 CFR Part
68. If required, the FOE would be reported as a Finding of No Adverse Effect with Standard Conditions ( FNAE- SC) per Section X. B1. b of the Section 106 PA. This document would not require concurrence from the State Historic Preservation Officer and, upon concurrence with Caltrans' Cultural Studies Office ( CSO), would complete the Section 106 review.
Tasks
LSA will conduct the following tasks to identify cultural resources in the project area.
Research and Fie(d Investigation
LSA wiil request a records search of the Study Area and a 0. 25- mile radius be completed by the staff of the Central California lnformation Center ( CCAIC) of the California Historical Resources Information System. The CCAIC is the official State repository for cultural resources and studies for San Joaquin County. The records search will identify recorded cultural resources and studies within and adjacent to the project site. This information will inform the existing baseline conditions of the project site and minimize redundant research.
A literature review, as necessary, of archaeological, ethnographic, historical, and environmental publications and maps at historical archives and LSA will be performed. Relevant listings reviewed will include the California lnventory of Historic Resources, Five Views: An Ethnic Sites Survey for California, Ca(ifornia Historica( Landmarks, California Points of Historical Interest, Nationa( Historic Landmarks, and the Built Environment Resources Directory ( BERD) for San Joaquin County which contains the listings of the National Register of Historic Places ( NRHP) and the California Register of Historical Resources ( CRHR). If available, appropriate city or county listings will be reviewed.
An LSA architectural historian will conduct property- specific research at San Joaquin County Historical Society in Lodi; the Tracy Historical Society in Tracy, and the Manteca Historical Society in Manteca for historical and environmental information of built environment resources in or adjacent to the Study Area. There does not appear to be a Lathrop Historical Society ( or similar) or museum to conduct research.
LSA will contact the San Joaquin County Historical Society in Lodi; the Tracy Historical Society in Tracey, and the Manteca Historical Society in Manteca for any information or concerns they may have about cultural resources in the APE. There does not appear to be a Lathrop Historical Society ( or similar) or museum to consult with.
LSA will consult with Caltrans to exempt any additional built environment resources in the APE from evaluation, if any, in accordance with criteria set forth in Attachment 4 of the Section 106 PA.
LSA will conduct an architectural pedestrian field survey of the APE. 167
PAGE 8 OF 11 i'
Documentation
LSA will prepare an Area of Potential Effects ( APE) map to Caltrans standards which includes built environment resources.
LSA will prepare a Historic Property Survey Report (HPSR) and a Historical Resources Evaluation Report ( HRER) and a suitable finding of effect document to be determined based on research and evaluative outcomes to current Caltrans standards.
If additional built environment resources are identified within or adjacent to the APE, or Caltrans requires updating existing DPRs of other built environment resources in the APE, or Caltrans requires other related cultural resource technical studies to address built environment resources, LSA will develop a scope and budget to address the additional required study and prepare draft/ final documentation per Caltrans and OHP guidelines. We have budgeted 16 hours for responding to comments generated during review of the HPSR/ HRER/ FOE.
De(iverab(es: Area of Potential Effects Map (APE)( Draft and Final] Historica( Resources Evaluation Report( HRER) ( Draft and Fina(] Historic Property Survey Report( HPSR) ( Draft and Final] OPTIONAL Finding of Effect( Draft and Fina(]
Paleontological Resources
As Caltrans staff noted that the project area contains the Modesto Formation, which is known to produce scientifically significant fossils, a combined Paleontological Identification Report/ Paleontological Evaluation Report ( PIR/ PER) will be prepared to document the potential for the project to impact important paleontological resources and make the appropriate mitigation recommendations. The PIR/ PER will follow the guidelines set forth in the Caltrans Standard Environmental Reference ( SER) Environmental Handbook, Volume 1, Chapter 8— Paleontology Caltrans, July 2023), as well as guidelines established by the Society of Vertebrate Paleontology and industry best practices. Completion of the PIR/ PER will include a fossil locality search through the online collections database of the University of California Museum of Paleontology (UCMP) at the University of California, Berkeley. The fossil locality search is necessary to document the status and extent of previously recorded paleontological resources within the project area and within the same or similar deposits as those found in the project area. This information will help determine the potential for paleontological resources to be encountered during project development. LSA will examine current geologic maps of the project area and review relevant geological and paleontological literature, including geotechnical reports, if available, to document the geologic units present within the project area, where they are exposed, and where they may be encountered at depth. The literature review will provide additional information regarding the types of paleontological resources that may occur in the project area and their scientific significance, as well 168
PAGE 9 OF 11 i'
as the methods necessary to mitigate any impacts to those resources. A systematic on- site pedestrian survey of the project site will also be conducted to determine the presence of paleontological resources in the project area, as well as to note exposures of bedrock or native sediments.
The results of the fossil locality search, the literature review, and the field survey will be documented in the PIR/ PER. The PIR/ PER will assess whether there are known or reasonably anticipated paleontological resources within the project area and, based on the description of proposed work and excavation parameters, determine whether project excavation may impact those resources. If this research indicates that significant resources may be impacted by project development, the PIR/ PER will make recommendations regarding mitigation efforts and the preparation of a Paleontological Mitigation Plan ( PMP).
We have budgeted 16 hours for responding to client and Caltrans comments generated during review of the PIR/ PER.
De(iverabfes: Paleontologica( Identification Report/ Paleontological Evaluation Report Draft and Fina(] Visual Impact Assessment Memorandum
Based on a review of the Caltrans Questionnaire to Determine Visual ImpactAssessment Leve(, LSA proposes preparation of a brief( 2- 3 page) Visual Impact Assessment Memorandum (VIA Memo) which evaluates the roadway improvements and the aesthetic compatibility of the improvements with the surrounding area. The VIA Memo will be prepared based on Caltrans' Visual Impact Assessment ( VIA) for Projects on State Highway System guidance ( Caltrans, July 2023). The VIA Memo will describe the visua) characteristics of the Project area and will identify visual sensitive receptors in the area. Visual sensitive receptors include drivers in vehicles, residents at nearby residential units, and patrons at nearby hotels. The VIA Memo will determine if the changes in visual characteristics of the Project site during construction and during operation will impact sensitive receptors in the area. If impacts are determined to occur, the VIA Memo will include minimization measures that wiil be applied ( as applicable) to reduce such impacts. We have budgeted 4 hours of time to respond to comments on the VIA Memorandum.
Deliverables: Visua( ImpactAssessment Memorandum ( Draft and Fina(J Water Quality Memorandum
LSA will prepare a brief( 4- 6 page) (Water Quality Memorandum (Memorandum) for the PA& ED phase of the I- 5/ Louise Avenue Project. The Memorandum will include a brief discussion of watersheds and drainage characteristics; surface receiving waters; groundwater hydrology; receiving waters conditions, objectives, beneficial uses, and impairments; pollutants of concern; floodplains; and regulatory requirements. The Memorandum will also discuss construction site, 169
PAGE 10 OF 11 i
Design Pollution Prevention, and Treatment Best Management Practices ( BMPs) that are applicable to the project. The Memorandum will also discuss any Low Impact Development ( LID) features that are included as part of the project to address water quality impacts. The project' s impacts on water quality will be evaluated and avoidance, minimization, and/ or mitigation measures necessary to prevent adverse water quality impacts will be identified.
Preparation of the Memorandum will primarily rely on information provided in the Stormwater Data Report, the Hydrology Report, and the Geotechnical Report. Information to be obtained from these reports includes, but is not limited to, disturbed soil area, soil types, soil erosion potential, new impervious surface area, additional impervious surface areas to be treated from the project, existing and proposed drainage patterns, existing and proposed rate and volume of stormwater runoff, depth to groundwater, proposed depth of excavation, the potential for groundwater dewatering during construction, and proposed construction and operational BMPs. We have budgeted 6 hours of time to respond to comments on the Memorandum.
Deliverables: Water Qua(ity Memorandum ( Draft and Fina(] Task 4.2 Environmental Document
LSA' s scope from 2021 includes an Initial Study/ Mitigated Negative Declaration ( IS/ MND) but was scoped prior to new requirements by Caltrans to include a Regional Branch Quality Assurance/ Quality Control ( QA/ QC). LSA will incorporate Caltrans Regional Branch QA/ QC as well as the Caltrans Global Climate Change ( GCC) for Non- Capacity Increasing Projects requirements.
Finally, LSA will incorporate Vehicular Miles Travelled for Non- Capacity Increasing Projects Analysis based on traffic studies provided by Fehr & Peers, Inc. These requirements are deemed to be necessary to comply with the current Standard Environmental Reference ( SER) dated February 8, 2023.
Regional Branch QA/ QC for Draft and Final IS/ MND
Since the project is being processed under the current SER standards for an IS/ MND, the project will be subject to Regional Branch QA/ QC for both the Draft and Final document.
The current scope of work includes a maximum of 16 staff hours to respond to City/ Caltrans comments on the Screencheck Review Draft IS/ MND. For the Final IS/ MND, we budgeted 8 hours.
To accommodate Regional Branch QA/ QC, LSA has included an additional 100 hours ( 116 hours in total) for responding to comments on the Draft IS/ MND and an additional 44 hours ( 52 hours in total) for responding to comments on the Final IS/ MND. 170
PAGE 11 OF 11 i'
Global Climate Chanqe for Non- Capacity Increasing Projects IS/ MND Section LSA will prepare the Global Climate Change section based on guidance provided in Caltrans' Annotated Outline. This task includes 4 hours to respond to Caltrans' comments on that section.
Deliverab( es: Annotated out(ine section for GHG and RTC on that Section ( Draft and Final] Vehicle Miles Travelled for Non- Capacity Increasinq Projects IS/ MND Section LSA will prepare the Vehicle Miles Travelled ( VMT) section based on guidance provided in Caltrans' Annotated Outline. LSA will utilize the Mitigation Scoping Plan and other VMT analysis provided by Fehr & Peers as the basis of the analysis. This task includes 4 hours to respond to Caltrans' comments on this section.
De( iverabfes: Annotated outline section for VMT and RTC on that Section ( Draft and FinalJ Task 5.0 Project Report
The Draft Project Report will require updates related to additional environmental technical studies and traffic analysis.
The cost for these additional services will be $ 207, 303. Should you have any questions, please don' t hesitate to contact me ( 916) 381- 9100.
Sincerely,
MARK THOMAS & COMPANY, INC.
Q
Aaron Silva
Project Manager
Attachment
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172
ITEM 4. 15
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
BOCKMON & WOODY ELECTRIC COMPANY, INC. FOR
CAMERA SYSTEMS FOR CITY PARKS, CIP GG 22- 35
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Bockmon & Woody Electric Company,
Inc. for Camera Systems for City Parks, CIP GG 22-
35, Authorizing the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Bockmon & Woody Electric Company, Inc. (Bockmon & Woody) has completed the construction of Camera Systems for City Parks, CIP GG 22- 35 ( Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Bockmon & Woody has submitted lien releases confirming all subcontractors and suppliers have been paid in full and provided a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be accepted.
Staff requests City Council accept the completed improvements constructed by Bockmon & Woody for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Bockmon & Woody of $ 1, 416 within forty- five ( 45) days after recording the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On January 6, 2023, a construction contract was awarded to Bockmon & Woody for the construction of the Project in the amount of $ 28, 320, with a 10% construction contingency of$ 2, 832 for staff to use as necessary to achieve the goals of the Project.
The Project scope included replacing light poles and installing conduit and wiring at Sangalang, Valverde and Woodfield parks.
Upon acceptance of the improvements, the performance bond ( Bond No. 070216784, 28, 320) and payment bond ( Bond No. 070216784, $ 28, 320) will be released and replaced with a one- year warranty bond ( Bond No. 070216784, $ 2, 832). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements.
Bockmon & Woody has also provided the necessary lien releases for the materials supplied and completed work.
173
CITY MANAGER' S REPORT PAGE 2
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY BOCKMON & WOODY ELECTRIC COMPANY, INC. FOR CAMERA SYSTEMS FOR CITY PARKS, CIP GG 22- 35
Staff requests City Council accept the improvements constructed by Bockmon & Woody for Camera Systems for City Parks, CIP GG 22- 35. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Bockmon & Woody for $ 1, 416 within fortyfive ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
Bockmon & Woody has completed the project pursuant to the contract documents dated January 6, 2023. Staff inspected the improvements and they have been deemed complete and in accordance with the plans and specifications approved by the City Engineer.
Bockmon & Woody has submitted a one- year warranty bond for the improvements to be accepted ( based on 10% of the construction contract) and lien releases confirming all sub- contractors and suppliers have been paid in full. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.
The performance bond and payment bond will be released and replaced with the oneyear warranty bond upon City Council' s acceptance of the improvements.
FISCAL IMPACT:
The final construction contract amount with Bockmon & Woody for CIP GG 22- 35 is for $ 28, 320. Adequate funds have been allocated in the FY 2023- 24 budget to close out the Project. With the completion of the Project, staff requests that unused funds be transferred back to the original funding sources.
ATTACHMENTS:
A. Resolution Accepting Public Improvements Constructed by Bockmon & Woody Electric Company, Inc. for Camera Systems for City Parks, CIP GG 22- 35, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Camera Systems for City Parks, CIP GG 22- 35 174
CITY MANAGER' S REPORT PAGE 3
DECEMBER li, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY BOCKMON & WOODY ELECTRIC COMPANY, INC. FOR CAMERA SYSTEMS FOR CITY PARKS, CIP GG 22- 35
APPROVALS:
l. rlV' ' i r Z
Steven Hollenbeak Date
Assistant Engineer
1- 71Zo,'
Ken Reed Date
Senior Construction Manager
I/. a23
Brad ylor Date
City Engineer
Cari Date
Financ irector
I( • 2`I • Zo23
Michael King Date
Assistant City Manager
z.. - 13
Salvador Navarrete Date
City Attorney
IZ•5-Z3
Step n J. Salvatore Date
City Manager
175
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING
PUBLIC IMPROVEMENTS CONSTRUCTED BY BOCKMON & WOODY ELECTRIC COMPANY, INC. FOR CAMERAS FOR CITY PARKS, CIP GG 22- 35,
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION, RELEASE OF
CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on January 6, 2023, a construction contract was awarded to Bockmon & Woody Electric Company, Inc. ( Bockmon & Woody) for the construction of Camera Systems for City Parks, CIP GG 22- 35 ( Project) in the amount of $ 28, 320 with a 10% construction contingency of $ 2, 832 for staff to use as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work consisted of replacing light poles and installing conduit and wiring; and
WHEREAS, during construction, contract change orders were issued for a final contract amount of$ 28, 320, the cost of which captures all construction expenditures; and
WHEREAS, staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications; and
WHEREAS, Bockmon & Woody has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total Project cost) for the improvements being accepted; and WHEREAS, the performance bond ( Bond No. 070216784, $ 28, 320) and payment bond ( Bond No. 070216784, $ 28, 320) will be released and replaced with a one- year warranty bond ( Bond No. 070216784, $ 2, 832) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, adequate funds have been allocated in the FY 2023- 24 budget to close out the Project. With the completion of CIP GG 22- 35, staff requests that unused funds be transferred back to the source Fund; and WHEREAS, staff requests City Council accept the public improvements constructed by Bockmon & Woody for Camera Systems for City Parks, CIP GG 22- 35; and
176
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Bockmon & Woody in the amount of $ 1, 416 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements constructed by Bockmon & Woody for Camera Systems for City Parks, CIP GG 22- 35, pursuant to the contract documents dated January 6, 2023; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to Bockmon & Woody, in the amount of 1, 416, within forty- five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the transfer of unused funds back to the original funding source. 177
The foregoing resolution was passed and adopted this 11th day of December, 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 178
RECORDING REOUESTED BY, A1vD ATTACHMENT
WHEN RECORDED MAIL TO:
L
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRNE
LATHROP, CA 95330
Exempt from payment ofrecordingfees( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GNEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
Citv of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co- owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of stated owner, or if more than one owner, then of the stated owner and co- owners is fee title( e. g. fee title, leasehold, joint tenancy, etc.).
4. That on the l lth day of December, 2023 a work ofimprovement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: Bockmon& Woody Electric Companv, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Bockmon& Woodv Electric Company, Inc. 1528 El Pinal Dr. Stockton CA 95205
7. That the real property herein referred to is situated in the Citv of Lathrop County of San Joaquin, State of California, and is described as follows:
CIP GG 22- 35, Camera Systems for City Parks
That the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
By:
Teresa Vargas, City Clerk Date
179
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated December 11, 2023 by Bockmon& Woody Electric Company, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on December 11, 2023, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
180
ITEM 4. 16
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
NOR- CAL CONCRETE COMPANY FOR TEMPORARY
ANIMAL CENTER CONCRETE, CIP GG 23- 06
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Nor- Cal Concrete Company for
Temporary Animal Center Concrete, CIP GG 23- 06,
Authorizing the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Nor- Cal Concrete Company ( Nor- Cal) has completed the construction of Temporary Animal Center Concrete, CIP GG 23- 06 ( Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Nor- Cal has submitted lien releases confirming all subcontractors and suppliers have been paid in full and provided a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be accepted.
Staff requests City Council accept the completed improvements constructed by NorCal for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Nor- Cal of$ 4, 190 within forty- five ( 45) days after recording the Notice of Completion, and the release of performance and payment bonds.
BACKGROU N D:
On April 10, 2023, City Council ratified the City Manager' s award of a construction contract on March 1, 2023 to Nor- Cal for the construction of the Project in the amount of $ 76, 590, with a 20% construction contingency of $ 15, 318 for staff to use as necessary to achieve the goals of the Project. The Project scope included pouring concrete slabs for foundations for modular animal kennels.
During construction, contract change orders ( CCO) were issued for a final contract amount of $ 83, 790. The Project' s costs referenced below capture all construction expenditures:
181
CITY MANAGER' S REPORT PAGE 2
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY NOR- CAL CONCRETE COMPANY FOR TEMPORARY ANIMAL CENTER CONCRETE, CIP GG 23- 06 A. Construction Contract 76, 590
B. Contract Change Orders 7, 200
Total Construction Contract Costs 83, 790
Upon acceptance of the improvements, the performance bond ( Bond No.
WCN7443975, $ 76, 590) and payment bond ( Bond No. WCN7443975, $ 76, 590) will be released and replaced with a one- year warranty bond ( Bond No. WCN7443975, 8, 379). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements. Nor- Cal has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the improvements constructed by Nor- Cal Concrete Company for Temporary Animal Center Concrete, CIP GG 23- 06. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Nor- Cal of $ 4, 190 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
Nor- Cal has completed the project pursuant to the contract documents dated March 1, 2023. Staff inspected the improvements and they have been deemed complete and in accordance with the plans and specifications approved by the City Engineer.
Nor- Cal has submitted a one- year warranty bond for the improvements to be accepted ( based on 10% of the construction contract) and lien releases confirming all sub- contractors and suppliers have been paid in full. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.
The performance bond and payment bond will be released and replaced with the oneyear warranty bond upon City Council' s acceptance of the improvements.
FISCAL IMPACT:
The final construction contract amount with Nor- Cal for the Project is for $ 83, 790.
Adequate funds have been allocated in the FY 2023- 24 budget to close out CIP GG 23- 06. With the completion of the Project, staff requests that unused funds be transferred back to the original funding sources.
182
CITY MANAGER' S REPORT PAGE 3
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY NOR- CAL CONCRETE COMPANY FOR TEMPORARY ANIMAL CENTER CONCRETE, CIP GG 23- 06 ATTACH M ENTS:
A. Resolution Accepting Public Improvements Constructed by Nor- Cal Concrete Company for Temporary Animal Center Concrete, CIP GG 23- 06, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Temporary Animal Center Concrete, CIP GG 23- 06 183
CITY MANAGER' S REPORT PAGE 4
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY NOR- CAL CONCRETE COMPANY FOR TEMPORARY ANIMAL CENTER CONCRETE, CIP GG 23- 06 APPROVALS:
r `•.- e i: i l. Z 7. 2
Steven Hollenbeak Date
Assistant Engineer
ll- 7- 23
Ken Reed Date
Senior Construction Manager
I 1 i'i/ 2o23
Brad ylor Date
City gineer
I 3
Cari Jam s Date
Finance D ctor
I l • Zg • Zo 23
Michael King Date
Assistant City Manager
l , 2, • 2.0 'z
Salvador Navarrete Date
City Attorney
r _.—
Z '' Z3
Stephen J. Salvatore Date
City Manager
184
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING
PUBLIC IMPROVEMENTS CONSTRUCTED BY NOR- CAL CONCRETE COMPANY FOR TEMPORARY ANIMAL CENTER CONCRETE, CIP GG 23- 06, AUTHORIZING
THE FILING OF A NOTICE OF COMPLETION, RELEASE OF CONTRACT
RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS WHEREAS, on April 10, 2023, City Council ratified the City Manager' s award of a construction contract to Nor- Cal Concrete Company ( Nor- Cal) on March 1, 2023 for the construction of Temporary Animal Center Concrete, CIP GG 23- 06 ( Project) in the amount of $ 76, 590 with a 20% construction contingency of $ 15, 318 for staff to use as necessary to achieve the goals of the Project; and WHEREAS, the scope of work consisted of pouring concrete slabs for foundations for modular animal kennels; and
WHEREAS, during construction, contract change orders were issued for a final contract amount of$ 83, 790, the cost of which captures all construction expenditures; and
WHEREAS, staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications; and
WHEREAS, Nor- Cal has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total Project cost) for the improvements being accepted; and
WHEREAS, the performance bond ( Bond No. WCN7443975, $ 76, 590) and payment bond ( Bond No. WCN7443975, $ 76, 590) will be released and replaced with a one- year warranty bond ( Bond No. WCN7443975, $ 8, 379) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, adequate funds have been allocated in the FY 2023- 24 budget to close out the Project. With the completion of the Project, staff requests that unused funds be transferred back to the source Fund; and
WHEREAS, staff requests City Council accept the public improvements constructed by Nor- Cal for Temporary Animal Center Concrete, CIP GG 23- 06; and WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to 185
Nor- Cal in the amount of $ 4, 190 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements constructed by NorCal Concrete Company for Temporary Animal Center Concrete, CIP GG 23- 06, pursuant to the contract documents dated March 1, 2023; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to Nor- Cal Concrete Company, in the amount of $ 4, 190, within forty-five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the transfer of unused funds back to the original funding source. 186
The foregoing resolution was passed and adopted this 11th day of December, 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 187
ATTACHMENT
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co- owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is mare than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of stated owner, or if more than one owner, then of the stated owner and co- owners is fee title( e. g. fee title, leasehold, joint tenancy, etc.).
4. That on the 11 th day of December, 2023 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: Nor- Cal Concrete Companv
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Nor- Cal Concrete ComQany P. O. Box 521 Suisun Citv CA 94585
7. That the real property herein referred to is situated in the Citv of Lathrop Counry of San Joaquin, State of California, and is described as follows:
CIP GG 23- 06 Temparary Animal Center Concrete
That the undersigned has lrnowledge ofthe contents herein and states under penalty ofperjury that the foregoing is true and correct.
CITY OF LATHROP
By.
Stephen J. Salvatore, City Manager Date
By:
Teresa Vargas, City Clerk Date
188
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated December 11, 2023 by Nor-Cal Concrete Company to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on December 11, 2023, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
189
190
ITEM 4. 17
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY THE ORIGINAL SERVICE CONTRACT
AND CONTRACT CHANGE ORDER NO. 1 AND
APPROVE CONTRACT CHANGE ORDER NO. 2
WITH HARDWIRE COMMUNICATIONS FOR
ADDITIONAL FIBER OPTIC COMMUNICATION
WIRING FOR CIP GG 22- 03 CITYWIDE FIBER
OPTIC COMMUNICATION
RECOMMENDATION: Adopt a Resolution to Ratify the Original Service Contract and Contract Change Order
No. 1 and Approve Contract Change Order No.
2 With Hardwire Communications for
Additional Fiber Optic Communication Wiring
for CIP GG 22- 03 Citywide Fiber Optic
Communication
SUMMARY:
The Capital Improvement Project ( CIP) 22- 03 Citywide Fiber Optic Communication created on June 14, 2021 allowed for the purchase and installation of fiber optic communication wiring throughout the City. This network of fiber optic communication wiring connects various City network systems throughout the City. The fiber optic wiring is essential for other CIPs currently in progress as it is a required component of the infrastructure. The City of Lathrop' s camera surveillance systems, Automatic License Plate Recognition ( ALPR) system, and traffic signals communicate via this network of fiber optic communication wiring that runs throughout the City.
The original Service Contract with Hardwire Communications Inc. was approved by the City Manager for $ 74, 000 in September 2022, as this vendor holds a California Multiple Award Schedule ( CMAS) contract and provides quotes that are equivalent to prices per CMAS. Therefore, pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110 ( d) this service contract is exempt from bidding. The vendor has performed all installation of fiber optic communication wiring throughout the city for this CIP so far. The original Service Contract was set to terminate August 2023 but was extended by the City Manager with a new termination date of June 30, 2024.
Installation of fiber optic communication wiring throughout the city is not yet complete and more services are required. To avoid project delays for various CIPs, the City Manager signed Change Order No. 1 to increase the Service Contract amount to a total amount of$ 148, 999. Staff is asking City Council to ratify the City Manager' s approval of the original Service Contract and Change Order No. 1 with Hardwire Communications for the installation of fiber optic communication wiring. 191
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING
RATIFY THE ORIGINAL SERVICE CONTRACT AND CONTRACT CHANGE ORDER NO. 1 AND APPROVE CONTRACT CHANGE ORDER NO. 2 WITH HARDWIRE
COMMUNICATIONS FOR ADDITIONAL FIBER OPTIC COMMUNICATION WIRING SERVICES FOR GG 22- 03 CITYWIDE FIBER OPTIC COMMUNICATION In preparation and planning of the upcoming projects for other CIPs that will require the infrastructure that the CIP GG 22- 03 will implement, staff has prepared Contract Change Order No. 2 to increase the Contract amount from $ 148, 999 to $ 223, 999.
The budget for the CIP GG 22- 03 has sufficient funding for this expense. Staff is requesting City Council ratify the Contract Change Order No. 1 and the original Service Contract for Fiber Optic Communication Wiring and approve of the Contract Change Order No. 2. All services and materials are provided by this vendor are equal the CMAS pricing.
BACKGROUND:
Capital Improvement Project ( CIP) 22- 03 Citywide Fiber Optic Communication created on June 14, 2021 allowed for the purchase and installation of fiber optic communication wiring throughout the City. This extends the City' s network and allows the surveillance camera systems located throughout the City to communicate with the required proprietary software along with the City' s network systems. This work being complete for this CIP is vital, as the fiber optic communication wiring is required to complete the surveillance camera installations for CIPs GG 22- 35 Camera Surveillance for Major City Parks, GG 19- 07 Citywide Surveillance System, and GG 23- 19 South Lathrop Surveillance System.
The CIP GG 22- 35 Camera Surveillance for Major City Parks focuses on installing surveillance systems in parks throughout the City. The first phase was approved for three ( 3) parks and is almost complete. To finish installing the surveillance cameras, fiber optic communication wiring is required as this allows for the surveillance cameras to communicate with the City' s network. The City Manager signed approval of the original Service Contract and Contract Change Order No. 1 to allow for fiber optic communication wiring to be installed and complete the first phase of this CIP.
Five ( 5) additional parks are being recommended to the City Council by the Information Systems Department ( ISD) to have surveillance cameras installed as phase 2 of this CIP. Additional fiber optic communication wiring installation will be required to the additional parks to allow for the surveillance cameras to function.
The CIP GG 19- 07 Citywide Surveillance System focuses on installing surveillance systems at intersections throughout the City. The first phase of intersections are almost complete, however to finish this first phase of the project, fiber optic communication wiring is required for the surveillance cameras to communicate with the City' s network systems. Timing of the installation of surveillance cameras is essential as CIP GG 19- 07 is working with CIP PS 23- 01 to install equipment on the same traffic signals as the surveillance cameras. Coordinating the installation of equipment for both CIP' s will save the City on installation expenses. The Contract Change Order No. 1, signed by the City Manager, allows for continued installation of fiber optic communication wiring allowing the completion of phase 1 of the project.
Additional intersections are being proposed to City Council by ISD and additional fiber optic communication wiring is necessary to install the surveillance systems at the 192
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING
RATIFY THE ORIGINAL SERVICE CONTRACT AND CONTRACT CHANGE ORDER NO. 1 AND APPROVE CONTRACT CHANGE ORDER NO. 2 WITH HARDWIRE
COMMUNICATIONS FOR ADDITIONAL FIBER OPTIC COMMUNICATION WIRING SERVICES FOR GG 22- 03 CITYWIDE FIBER OPTIC COMMUNICATION additional intersections. To continue the project to install surveillance cameras at the various intersections throughout the City, continued fiber optic communication wiring installation is critical.
Installation for CIP GG 23- 19 South Lathrop Surveillance System is beginning in December 2023. However, this project requires fiber optic wiring to move forward with installation of the surveillance camera system. This area of South Lathrop covers a looping roadway that creates the perfect environment for people to race around.
There are multiple buildings currently being constructed and impacted by vandalism in this area and the need for cameras is increasing.
Hardwire Communications has performed all the installation of the City' s fiber optic communication wiring and is effectively familiar with the City' s sites. Pursuant to Lathrop Municipal Code ( LMC), 2. 36. 110 ( B) allows the City to utilize a competitive bidding process that has already been held by other government agencies and take advantage of the best pricing under government contracts. Hardwire Communications currently holds an active California Multiple Award Schedule ( CMAS) contract with the California Department of General Services - CMAS Contract No. 3- 17- 70- 3083B. Therefore, this service contract is exempt from bidding because the pricing given by Hardwire Communications for materials and labor, required by this project, equals the price list included in their current CMAS agreement.
The City Manager originally signed approval of a Service Contract for the amount of 74, 000 in September 2022. This Service Contract was set to terminate August 2023 but was extended by the City Manager with a new termination date of June 30, 2024.
In October 2023, the City Manager signed approval of Change Order No. 1 to the Service Contract increasing the total amount of the Service Contract to $ 148, 999. In preparation and planning of the upcoming projects for other CIP' s that will require the infrastructure that the CIP GG 22- 03 will implement, staff has prepared Contract Change Order No. 2 to increase the Contract amount from $ 148, 999 by $ 75, 000 for a total Contract amount of $ 223, 999.
Installation of fiber optic communication wiring throughout the City is not yet complete and more services are required. To avoid project delays for various CIPs, the City Manager signed Service Contract Change Order No. l to increase the original Service Contract amount from $ 74, 000 to $ 148, 999. Staff is requesting City Council to ratify the original Service Contract for Fiber Optic Communication Wiring and the Contract Change Order No. 1. Staff is also requesting City Council approve Contract Change Order No. 2 to increase the Service Contract to a total of $ 223, 999. 193
CITY MANAGER' S REPORT PAGE 4
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING
RATIFY THE ORIGINAL SERVICE CONTRACT AND CONTRACT CHANGE ORDER NO. 1 AND APPROVE CONTRACT CHANGE ORDER NO. 2 WITH HARDWIRE
COMMUNICATIONS FOR ADDITIONAL FIBER OPTIC COMMUNICATION WIRING SERVICES FOR GG 22- 03 CITYWIDE FIBER OPTIC COMMUNICATION REASON FOR RECOMMENDATION:
Fiber optic communication wiring is essential to camera surveillance systems that are being installed throughout the City for various CIP' s as this is how the systems communicate with the City' s network. Installation of fiber optic communication wiring is not yet complete throughout the City and stafF would like Hardwire Communication to continue services.
FISCAL IMPACT:
There are sufFicient funds in CIP GG 22- 03 to fund the original Service Contract, Contract Change Order No. 1 and Contract Change Order No. 2 for fiber optic communication wiring services.
ATTACH M ENTS:
A. Resolution of the City Council of the City of Lathrop to Ratify the Service Contract and Change Order No. 1 and approve Contract Change Order No. 2 with Hardwire Communications for Additional Fiber Optic Communication Wiring Services for GG 22- 03.
B. Extension Letter and Service Contract with Hardwire Communications for Fiber Optic Communication Wiring Services for GG 22- 03
C. Contract Change Order No. 1 with Hardwire Communications for Fiber Optic Communication Wiring Services for GG 22- 03
D. Contract Change Order No. 2 with Hardwire Communications for Fiber Optic Communication Wiring Services for GG 22- 03
194
CITY MANAGER' S REPORT PAGE 5
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING
RATIFY THE ORIGINAL SERVICE CONTRACT AND CONTRACT CHANGE ORDER NO. 1 AND APPROVE CONTRACT CHANGE ORDER NO. 2 WITH HARDWIRE
COMMUNICATIONS FOR ADDITIONAL FIBER OPTIC COMMUNICATION WIRING SERVICES FOR GG 22- 03 CITYWIDE FIBER OPTIC COMMUNICATION APPROVALS:
8 v a 3
rnandes Date
Information Systems Director
Cari Jam s Date
Finance i ector
2R • 2023
Michael King Date
Assistant City Manager
Z
zoz3
Salvador Navarrete Date
City Attorney
Z- z3
S phen J. Salvatore Date
City Manager
195
RESOLUTION NO. 23 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY THE ORIGINAL SERVICE CONTRACT AND CONTRACT CHANGE ORDER NO. 1 AND APPROVE CONTRACT CHANGE ORDER NO. 2 WITH HARDWIRE
COMMUNICATIONS FOR ADDITIONAL FIBER OPTIC COMMUNICATION WIRING FOR CIP GG 22- 03 CITYWIDE FIBER OPTIC COMMUNICATION WHEREAS, the Capital Improvement Project ( CIP) 22- 03 Citywide Fiber Optic Communication created on June 14, 2021 allowed for the purchase and installation of fiber optic communication wiring throughout the City; and WHEREAS, the fiber optic wiring is essential for other CIP' s currently in progress as it is a required component of the infrastructure; and WHEREAS, installation of fiber optic communication wiring throughout the City is not yet complete and more services are required; and WHEREAS, Hardwire Communications currently holds an active California Multiple Award Schedule ( CMAS) contract with the California Department of General Services - CMAS Contract No. 3- 17- 70- 3083B; and
WHEREAS, pricing given by Hardwire Communications for materials and labor, required by this project, equals the price list included in their current CMAS agreement; and
WHEREAS, pursuant to Lathrop Municipal Code ( LMC), 2. 36. 110 ( B) allows the City to utilize a competitive bidding process that has already been held by other government agencies and take advantage of the best pricing under government contracts; and
WHEREAS, the original Service Contract with Hardwire Communications was approved by the City Manager for $ 74, 000 in September 2022 and extended in August 2023; and
WHEREAS, to avoid project delays for CIPs GG 19- 07, GG 22- 35 and GG 23- 19 the City Manager signed Change Order No. 1 to increase the amount of the Service Contract to $ 148, 999; and
WHEREAS, in preparation and planning of the upcoming projects for other CIP' s that will require the infrastructure that the CIP GG 22- 03 will implement, staff has prepared Contract Change Order No. 2 to increase the Contract amount to a total Contract amount of $223, 999.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify the original Service Contract and Contract Change Order No. 1 and approve Contract Change Order No. 2 to increase the Service Contract amount to $ 223, 999.
196
The foregoing resolution was passed and adopted this 11t'' day of December 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 197
t....:: _...-- ... . I. _. ... . .. .
Attachment B
c ty of
Offtce of fhe Citv ll lanager 390 Tuiene C' enlre Drive. Lathrop, (:- 1 953. i0 Phone( 091 9-l1- 7 30- Fcvr( 209J 9-l1- 7 39
u rir.ri.luthi•op. cu. us
August , 2023
Hardwire Communications
George Lowe, General Manager
5037 College Oak Drive # G
Sacramento, CA 95841
RE: Notice of Extension of the Service Contract Between the City of Lathrop and Hardwire Communications
Dear Mr. Lowe:
The Service Contract dated September 30, 2022, retween the City of Lathrop and Howell Multimedia, LLC for On-Call Audio, Fiber & Network Cable Support Services has a termination date of August 31, 2023.
Additional time is needed for Hardwire Communications to provide the installation of fiber optic communication wiring services in accordance with the original scope of work.
Therefore, the City of Lathrop desires to extend the term of the Service Contract with Hardwire Communications for an additional 10 Months, such that the new termination date would be June 30, 2024 for the remaining $54,501.91 with no change to the original not- to- exceed amount of$ 74, 000.
If this is agreeable to you, please sign below and return this letter to indicate your concurrence. Should you have any quesdons or concerns, please contact Tony Fernandes, Information Systems Director at( 209) 941- 7340.
Thank you,
F R
Stephen j. Salvatore
City Manager
CC: Teresa Vargas, City Clerk
Project Title
198
DocuSign Envelope ID: 9EF52B56- 00A4- 43C3- 8D4D- 81 DADA18D43D I liereby agree to extend tlze terrn of Service Contract dated Septernbe• 30, 2022 to provide installation offiber optic cornmunication wiring services, by ccn czdditional 10 months such that tlle new termrnation date of tlie Professional Services Agreement is June 30, 2024, wi#h all other ternis of this Agreement to rer iain in effect. Tliis Notice ofExtension does not arnend tlte scope of zvor•k orfees to the Agreemerlt.
DocuSipned by;
y, U/ L
7/ 27/ 2023
George Lowe Date
Hardwire Communications
199
DocuSign Envelope ID: 9EF52B56-OOA4-43C3-8D4D-81DADA18D43D DocuSign Envelope ID: C00234EE- BDA6-4229- 8708- DEBC132882r2
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP AND
HARDWIRE COMMUNICATIONS
FIBER OPTIC COMMUNICATION WIRING SERVICES FOR GG22- 03
THIS SERVICE CONTRACT ( hereinafter " Contract") is made on September, 2022, by and between the City of Lathrop, a municipai corporation of the State of California( hereinafter" City") and Hardwire Communications.( hereinafter Contractor"), whose Taxpayer ldentification Number is 26- 0816518.
For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties} agree:
SCOPE OF WORK
Contractor agrees to pertorm the installation of fiber optic communication wiring in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibit" A° and incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' s satisfaction.
CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done on time and materials basis not to exceed 74 000 and not to exceed the rates as set forth in Exhibit" A".
TIME FOR PERFORMANCE
The effective date of this contract is September 3 , 2022, and shall terminate no later than August 31, 2023.
PERMITS; COMPLIANCE WITH LAW
The Contractor shatl, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.
INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts af the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City. 200
DocuSign Envelope ID: 9EF5265B- OOA4- 43C3- 8D4D- 81DADA18D43D DocuSign Envelope ID: C00234EE- BDA6- 4229- B708- DEBC732B82F2
SERVICE CONTRACT- CITY QF LATHROP AND HARDWIRE COMMUNICATIONS
FIBER OPTIC COMMUNICATION WMRING SERVICES
Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' s expense.
NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner.
aj If the notice is given to the City, by personal defivery thereof to the City' s Director of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City's Director of Public Works, postage prepaid and certified;
b) If the notice is given to the Contractor, by persona! delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor's Bid postage prepaid and certified; or
c) If the notice is given to the surety or any other persan, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or ofher person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupatianal Safety and Health Stanclards Board of the State of California.
CONTRACTOR' S WARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. Contractor unqualifiedly warrants all work and materials to be free of defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.