February 12, 2024 – Regular Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
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February 12, 2024 – 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
Minnie Diallo, Vice Mayor
Paul Akinjo
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 February 12, 2024 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/1600780267?pwd=VFlNOERXNkpTZGF yeWc2RWlkZUlTZz09
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: 160 078 0267 / Passcode: 675300
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 February 12, 2024 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 February 12, 2024 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, FEBRUARY 12, 2024
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be no Closed Session. The Regular Meeting will commence at 7:00 p.m.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 ROLL CALL
1.3 INVOCATION
1.4 PLEDGE OF ALLEGIANCE
1.5 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.6 INFORMATIONAL ITEM(S) – None
1.7 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS
2.1 PROCLAMATION DECLARING FEBRUARY AS BLACK HISTORY MONTH
2.2 INTRODUCTION OF NEW EMPLOYEES
Finance Department
• Yuliana Llamas, Accountant
Information Systems Department
• Emily Malay, Management Analyst
• Alex Vargas, Information Technology Technician
4 February 12, 2024 Lathrop City Council Regular Meeting Agenda Page 4
3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST BE
MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular Council Meeting of December 11, 2023
4.3 TREASURER’S REPORT FOR DECEMBER 2023
Approve Quarterly Treasurer’s Report for December 2023
4.4 SECOND READING AND ADOPTION OF ORDINANCE 24-455 OF THE CITY
COUNCIL OF THE CITY OF LATHROP ADOPTING VARIOUS AMENDMENTS
TO THE LATHROP MUNICIPAL CODE TO MODERNIZE, SIMPLIFY, AND STREAMLINE VARIOUS SECTIONS OF TITLE 5, BUSINESS LICENSES AND REGULATIONS, TITLE 8, HEALTH AND SAFETY, TITLE 15,
BUILDINGS AND CONSTRUCTION, AND TITLE 17, ZONING (TA-23-139) Waive Full Reading and Adopt Ordinance 24-455 Adopting Various Amendments To The Lathrop Municipal Code To Modernize, Simplify, And Streamline Various Sections Of Title 5, Business Licenses And Regulations, Title 8, Health And Safety, Title 15, Buildings And Construction, And Title 17, Zoning (TA-23-139)
5 February 12, 2024 Lathrop City Council Regular Meeting Agenda Page 5
4.5 RATIFY THE PURCHASE OF TWO DIGITAL MARQUEES AND APPROVE A SERVICE CONTRACT WITH ABV SCOREBOARD SERVICES, INC., FOR
THE INSTALLATION OF TWO MARQUEES AT CITY HALL
Adopt Resolution to Ratify the Purchase of Two Digital Marquees and a Service Contract with ABV Scoreboard Services, Inc., for the Installation of Two Marquees at City Hall
4.6 AUTHORIZE THE CITY OF LATHROP TO ENTER INTO A MEMORANDUM
OF UNDERSTANDING WITH SAN JOAQUIN COUNTY SHERIFF AND
LOCAL LAW ENFORCEMENT AGENCIES TO CREATE A PUBLIC SAFETY DATA EXCHANGE CONSORTIUM FOR THE PERIOD FEBRUARY 2024
THROUGH JANUARY 2029
Adopt Resolution Authorizing the City of Lathrop to Enter Into a Memorandum of Understanding with San Joaquin County Sheriff and Local Law Enforcement Agencies to Create a Public Safety Data Exchange Consortium for the Period February 2024 through January 2029
4.7 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH PFM ASSET
MANAGEMENT LLC FOR INVESTMENT ADVISORY SERVICES
Adopt Resolution to Approve a Professional Services Agreement with PFM Asset Management LLC for Investment Advisory Services for a Term of Two (2) Years with an Option to Renew Two (2) Additional One-Year Periods
4.8 APPROVE CONTRACT CHANGE ORDER NO. 1 WITH ST. FRANCIS ELECTRIC AND APPROVE BUDGET AMENDMENT FOR CIP GG 19-07
CITYWIDE SURVEILLANCE SYSTEMS
Adopt Resolution to Approve Contract Change Order No. 1 with St.
Francis Electric and Approve Budget Amendment for CIP GG 19-07 Citywide Surveillance Systems
4.9 APPROVE AMENDMENT NO. 1 WITH O’DELL ENGINEERING, INC. FOR THE HISTORIC LATHROP BEAUTIFICATION PROJECT, CIP GG 24-23 AND
APPROVE BUDGET AMENDMENT
Adopt Resolution Approving Amendment No. 1 with O’Dell Engineering, Inc. for the Historic Lathrop Beautification Project, CIP GG 24-23 and Approving Budget Amendment
4.10 APPROVE COOPERATIVE AGREEMENT WITH CALTRANS TO COMPLETE THE PROJECT INITIATION DOCUMENT PHASE FOR ROTH ROAD AND I5 INTERCHANGE, CIP PS 14-04 Adopt Resolution to Approve a Cooperative Agreement with the California Department of Transportation (Caltrans) to complete the Project Initiation Document Phase for the Roth Road and I-5 Interchange, CIP PS 14-04
6 February 12, 2024 Lathrop City Council Regular Meeting Agenda Page 6
4.11 AUTHORIZE THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (EAGLES LANDING SERVICES)
Adopt Resolution of Intention to Establish City of Lathrop Community Facilities District No. 2024-1 (Eagles Landing Services) to Finance Public Services
4.12 CREATE CIP GG 24-28 FOR ELECTRIC VEHICLE CHARGING STATIONS
AT THE LATHROP COMMUNITY CENTER / LATHROP SENIOR CENTER
AND APPROVE BUDGET AMENDMENT
Adopt Resolution Creating CIP GG 24-28 for Electric Vehicle Charging Stations at the Lathrop Community Center / Lathrop Senior Center and Approve Budget Amendment
4.13 CREATE CIP PS 24-29 PAVEMENT REHABILITATION ON CHERRY HILLS
DRIVE, CHERRY HILLS COURT, KILARNEY DRIVE, AND KILARNEY
COURT, AND APPROVE BUDGET AMENDMENT
Adopt Resolution Creating CIP PS 24-29 Pavement Rehabilitation on Cherry Hills Drive, Cherry Hills Court, Kilarney Drive, and Kilarney Court, and Approve Budget Amendment
4.14 CREATE CIP PS 24-31, YOSEMITE AVENUE PAVEMENT
REHABILITATION, APPROVE REIMBURSEMENT AGREEMENT WITH
YOSEMITE LATHROP 2, LLC AND APPROVE BUDGET AMENDMENT
Adopt Resolution Creating CIP PS 24-31, Yosemite Avenue Pavement Rehabilitation, Approving Reimbursement Agreement with Yosemite Lathrop 2, LLC and Approve Budget Amendment
4.15 ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR EP NO. 2021-09 LOCATED ON GOLDEN VALLEY PARKWAY AND RIVER
ISLANDS PARKWAY FROM EVERGREEN AND APPROVE CHANGE ORDER NO. 32 FOR LANDSCAPE MAINTENANCE
Adopt Resolution Accepting Public Improvements with Associated Conditions for Encroachment Permit No. 2021-09 Located Golden Valley Parkway and River Islands Parkway, from Evergreen and Approve Change Order No. 32 for Landscape Maintenance
4.16 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY SINCLAIR GENERAL ENGINEERING CONSTRUCTION, INC. FOR FUELING FACILITY TANK FOOTINGS, CIP GG 21-13
Adopt Resolution Accepting Public Improvements Constructed by Sinclair General Engineering Construction, Inc. for Fueling Facility Tank Footings, CIP GG 21-13, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
7 February 12, 2024 Lathrop City Council Regular Meeting Agenda Page 7
4.17 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIEDE
CONSTRUCTION, INC. DBA DIEDE CONSTRUCTION FOR LATHROP CITY HALL ADA IMPROVEMENTS COUNCIL CHAMBER, CIP GG 22-04
Adopt Resolution to Accept Public Improvements Constructed by Diede Construction, Inc. dba Diede Construction for the Lathrop City Hall ADA Improvements Council Chamber, CIP GG 22-04, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.18 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY LUMA
ENGINEERING CONTRACTORS, INC. DBA LUMA ENGINEERING FOR
FACILITIES ADA IMPROVEMENTS, CIP GG 23-14
Adopt Resolution to Accept Public Improvements Constructed by Luma Engineering Contractors, Inc. dba Luma Engineering for the Facilities ADA Improvements, CIP GG 23-14, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.19 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY COMMERCIAL PUMP & MECHANICAL FOR THE WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22-37
Adopt Resolution Accepting Public Improvements Constructed by Commercial Pump & Mechanical for the Well 10 Testing, Analysis and Modifications, CIP PW 22-37, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.20 AWARD CONSTRUCTION CONTRACT TO AMERINE SYSTEMS, INC. FOR
THE POLICE EVIDENCE BUILDING LANDSCAPE ASSOCIATED WITH
CORPORATION YARD IMPROVEMENTS, CIP GG 21-13
Adopt Resolution Awarding a Construction Contract to Amerine Systems, Inc. for the Police Evidence Building Landscape Associated with Corporation Yard Improvements, CIP GG 21-13
RIVER ISLANDS CONSENT ITEM(S)
4.21 APPROVE A DESIGN AND CONSTRUCTION FUNDING AGREEMENT WITH RIVER ISLANDS DEVELOPMENT, LLC FOR PHASE 3 EXPANSION OF THE LATHROP CONSOLIDATED TREATMENT FACILITY, CIP WW 22-38 AND
APPROVE BUDGET AMENDMENT
Adopt a Resolution to Approve a Design and Construction Funding Agreement with River Islands Development, LLC for the Phase 3 Expansion Lathrop Consolidated Treatment Facility, CIP WW 22-38 and Approve Budget Amendment
8 February 12, 2024 Lathrop City Council Regular Meeting Agenda Page 8
5. SCHEDULED ITEMS
5.1 CONTINUE DISCUSSION FROM JANUARY 8, 2024, REGULAR MEETING,
REGARDING THE ADOPTION OF AN ORDINANCE AMENDING THE SPEED LIMITS IN THE CITY OF LATHROP, TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10.08 SPEED LIMITS, SECTION 10.08.030 SPEED LIMITS OF
THE LATHROP MUNICIPAL CODE
City Council to Consider the Following:
1. Testimony Presented During the Public Hearing Held January 8, 2024; and
2. Introduction and First Reading of an Ordinance of the City Council of the City of Lathrop Amending Section 10.08.030 “Speed Limits” of the Lathrop Municipal Code
5.2 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT
PARTNERSHIP ACT (HOME) PROGRAM ALLOCATIONS FOR FISCAL YEAR 2024-2025
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Recommending the Allocation of the CDBG and HOME Funds for FY 2024/2025 for consideration by San Joaquin County and the US Department of Housing and Urban
Development (HUD) Pursuant to Budget Amendments
5.3 PUBLIC HEARING (PUBLISHED NOTICE) TO AMEND AND RESTATE THE CITY OF LATHROP’S PARTICIPATION IN THE STATEWIDE COMMUNITY
INFRASTRUCTURE PROGRAM
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Amending and Restating the City of Lathrop’s Participation in the Statewide Community Infrastructure Program; Authorizing the California Statewide Communities Development Authority to Accept Applications From Property Owners, Conduct Special Assessment Proceedings and Levy Assessments and Special Taxes and to Form Assessment Districts and Community Facilities Districts Within the Territory of the City of Lathrop; Embodying a Joint Community Facilities Agreement Setting Forth the Terms and Conditions of Community Facilities District Financings; Approving Form of Acquisition Agreement for Use When Applicable; and Authorizing Related Actions
5.4 OUT OF STATE TRAVEL APPROVAL FOR 2024 SAN JOAQUIN AREA
FLOOD CONTROL AGENCY TRIP
Adopt Resolution Authorizing Out of State Travel for the 2024 San Joaquin Area Flood Control Agency Trip to Washington D.C. from April 9-11, 2024
9 February 12, 2024 Lathrop City Council Regular Meeting Agenda Page 9
5.5 OUT OF STATE TRAVEL APPROVAL FOR 2024 SAN JOAQUIN COUNTY
ONE VOICE TRIP
Adopt Resolution Authorizing Out of State Travel for the 2024 San Joaquin County One Voice Trip to Washington D.C. from May 5-9, 2024
5.6 ESTABLISH LOCAL HOUSING ASSISTANCE PROGRAM FOR SWORN CITY
OF LATHROP POLICE DEPARTMENT AND SWORN LATHROP STATIONED
LATHROP-MANTECA FIRE DISTRICT (LMFD) EMPLOYEES
Council to Consider Adopting a Resolution to Establish a Local Housing Assistance Program for Sworn City of Lathrop Police Department and Sworn Lathrop Stationed Lathrop-Manteca Fire District (LMFD) Employees and Associated Budget Amendment
6. COUNCIL COMMUNICATIONS
6.1 MAYOR DHALIWAL REFERRAL - Appointment of a Board Of Director, and an Alternate, to the Ava Community Energy Board of Directors
6.2 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • Council of Governments (Lazard/Diallo)
• Integrated Waste Management Solid Waste Division (Akinjo/TorresO’Callaghan) • Reclamation District 17 Joint Powers Authority (Salvatore) • San Joaquin Partnership Board of Directors (Salvatore) • San Joaquin County Commission on Aging (Vacancy)
• San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) • Water Advisory Board (Torres-O’Callaghan/Lazard)
• Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) • San Joaquin Area Flood Control Agency (Akinjo/Lazard/Torres-O’Callaghan) • LAFCo (Diallo)
6.3 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
10 ITEM 4. 2
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
MINUTES
PLEASE NOTE: There was a Closed Session, which commenced at 6: 46 p. m. The Regular Meeting reconvened at 7: 04 p. m.
1. PRELIMINARY
1. CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 6: 46 p. m.
1. 2 CLOSED SESSION
1. 2. 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 - Mayor Dhaliwal reconvened the meeting at 7: 04 p. m.
1.2. REPORT FROM CLOSED SESSION
City Attorney Salvador Navarrete reported that the City Council met in Closed Session pursuant to Item 1.2; approved Settlement Terms that allows the City of Lathrop to sell two parcels ( APN 192- 040- 57 192- 040- 56) for the exact price that the City of Lathrop paid when purchased. There was no other reportable action taken.
1. 3 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Akinjo; and Councilmembers Diallo, Lazard, and Torres -
O' Callaghan
Absent: None
1. 4 INVOCATION - Lead Pastor Troy Stein, New Life Church, provided the invocation.
1. 5 PLEDGE OF ALLEGIANCE - Pastor Troy Stein led the pledge of allegiance.
December 11, 2023 Lathrop City Council Regular Meeting Minutes Page 1 11 1. 6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
Mayor Dhaliwal commented on the Lathrop Christmas Parade, held on December 9, 2023, and expressed appreciation to staff for organizing the event.
1. 7 INFORMATIONAL ITEM( S) - None
1. 8 DECLARATION OF CONFLICT( S) OF INTEREST - None
2. PRESENTATIONS
2. 1 PRESENTATION TO PROVIDE AN UPDATE ON THE VALLEY LINK RAIL
PROJECT
Kevin Sheridan, Executive Director & CEO, with the Tri- Valley - San Joaquin Valley Regional Rail Authority, provided the presentation, which included a project overview and timelines of the Mountain House to Lathrop alternatives, Dublin and Pleasanton Station, project funding, and compliance with SB 746 for Hydrogen Production Facilities. A question and answer period followed the presentation.
2. PRESENTATION TO PROVIDE UPDATES ASSOCIATED WITH CAMERA SYSTEMS FOR CITY PARKS, CIP GG 22- 35 AND TRAFFIC TECHNOLOGY, CIP PS 23- 01
City Engineer Brad Taylor and Information Systems Director Tony Fernandes provided the presentation, which included an overview of the progress of CIP PS 23- 01, citywide traffic systems and safety upgrades to maintain and improve the reliability, safety and function of various traffic control devices within the City of Lathrop. A question and answer period ensued throughout the presentation. City Manager Stephen Salvatore provided additional information.
3. CITIZEN' SFORUM
Gavin Cline ( in person speaker), Legislative Representative for Congress Member John Duarte, provided an overview of various legislative updates and activities for California' s 13th District. Troy Stein ( in person speaker), provided information regarding " Without Permission" Organization aimed at combating sex trafficking crimes; encouraged awareness collaboration with Lathrop Police Department. Ben Jex ( zoom speaker) commented on a CalMatters article regarding " Armed & Prohibited Persons System", in which he stated is a database of legal gun owners later deemed too dangerous to be armed.
Christina Laughlin ( zoom speaker) expressed concern with the Police Department sworn staffing and overtime levels.
December 11, 2023 Lathrop City Council Regular Meeting Minutes Page 2 12 At the request of Council, Interim Chief Stephen Sealy provided information regarding current staffing and overtime levels. Lawrence Abbott ( zoom speaker) requested City Council consideration to waive liability insurance requirements for volunteers to plant vegetation in City ponds.
After Item 3 ( Citizens Forum), City Council consensus directed staff to move Item
6. 1 (Appointment of Vice Mayor for 2024), Item 6. 2 (Mayor and Councilmember Assignments for 2024) and Item 6. 3 (Mayor & Councilmember Committee Reports), before Item 4 ( Consent Calendar).
4. CONSENT CALENDAR
On a motion by Vice Mayor Akinjo, seconded by Councilmember Lazard, the City Council approved the Consent Calendar, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Diallo, Lazard, Torres -O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Councilmember.
4. 2 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. 08.10 TITLED " CITY MANAGER", OF THE LATHROP
MUNICIPAL CODE, TO MODIFY AUTHORITY TO APPOINT AND REMOVE
THE POLICE CHIEF
Waived full reading and adopted Ordinance 23- 451 amending Title 2, Chapter 2. 08, Section 2. 08.10 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. 10 B OF THE LATHROP MUNICIPAL CODE ( TA -23- 104)
December 11, 2023 Lathrop City Council Regular Meeting Minutes Page 3 13 Waived full reading and adopted 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. 10 B of the Lathrop Municipal Code ( TA -23- 104).
4. AMENDMENT NO. 5 TO THE CITY MANAGER EMPLOYMENT AGREEMENT Adopted Resolution 23- 5425 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 Adopted Resolution 23- 5426 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 06-6 FOR THE 2024 SJCOG ONE VOICE
PROJECT NOMINATIONS
Adopted Resolution 23- 5427 approving submittal of Louise Avenue and Interstate 5 Interchange, CIP PS 06-6 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
Adopted Resolution 23- 5428 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
Adopted Resolution 23- 5429 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
December 11, 2023 Lathrop City Council Regular Meeting Minutes Page 4 14 Adopted Resolution 23- 5430 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
Adopted Resolution 23- 5431 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.
4. 11 APPROVE TASK ORDER NO. 32 WITH 4LEAF, INC. FOR PERMITTING
SERVICES IN THE BUILDING DEPARTMENT
Adopted Resolution 23- 5432 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
Adopted Resolution 23- 5433 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
Adopted Resolution 23- 5434 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 06-6 AND APPROVE
BUDGET AMENDMENT
December 11, 2023 Lathrop City Council Regular Meeting Minutes Page 5 15 Adopted Resolution 23- 5435 approving Amendment No. 2 to the Professional Services Agreement with Mark Thomas for the Louise Avenue / Interstate 5 Interchange Project, CIP PS 06-6, 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
Adopted Resolution 23- 5436 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
Adopted Resolution 23- 5437 accepting public improvements constructed by Nor -Cal Concrete Company for the 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
Adopted Resolution 23- 5438 ratifying the original Service Contract, 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 Project.
4. 18 RATIFY CITY MANAGER' SEXECUTION OF AN EMERGENCY SERVICE CONTRACT WITH CONCO WEST, INC. FOR CTF CHLORINE TANK
REPLACEMENT AND APPROVE BUDGET AMENDMENT
Adopted Resolution 23- 5439 ratifying City Manager' s execution of an Emergency Service Contract with Conco West, Inc. for CTF Chlorine Tank Replacement and Approving Budget Amendment.
At the conclusion of the vote of the Consent Calendar, Councilmember Diallo left for the remainder of the meeting at 8: 12 p. m.
December 11, 2023 Lathrop City Council Regular Meeting Minutes Page 6 16 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 7070-075, ASSEMBLY BILL 481
Interim Chief of Police Stephen Sealy provided the presentation. A question and answer period ensued throughout the presentation. City Attorney Salvador Navarrete and City Clerk Teresa Vargas provided additional information. Mayor Dhaliwal opened the public hearing. Ben Jex ( zoom speaker) commented on limiting excessive militarization of the police department; however, he supported the request of the equipment presented. Adriana Lopez ( zoom speaker) requested information on the maintenance needs of the equipment presented; however, she supported the request of the equipment presented. There were no other speakers. Mayor Dhaliwal closed the public hearing.
On a motion by Councilmember Torres -O' Callaghan, seconded by Councilmember Lazard the Council to consider the following items:
1. Held a public hearing;
2. Waived first reading and introduced 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. Adopted Resolution 23- 5440 accepting Annual Military Equipment Report.
Ayes: Akinjo, Lazard, Torres -O' Callaghan and Dhaliwal Noes: None
Absent: Diallo
Abstain: None
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 City Engineer Brad Taylor provided the presentation. A question and answer period followed the presentation.
December 11, 2023 Lathrop City Council Regular Meeting Minutes Page 7 17 Mayor Dhaliwal opened the public hearing. There were no speakers.
Mayor Dhaliwal closed the public hearing.
On a motion by Councilmember Lazard, seconded by Vice Mayor Akinjo, the City Council to consider the following:
1. Held a public hearing; and
2. Waived first reading and introduced an ordinance of the City Council of the City of Lathrop amending Title 10,
Chapter 10. 24, Section 10. 24. 030, to designated no
parking areas of the Lathrop Municipal Code.
Ayes: Akinjo, Lazard, Torres -O' Callaghan and Dhaliwal Noes: None
Absent: Diallo
Abstain: None
6. COUNCIL COMMUNICATIONS
After Item 3 ( Citizens Forum), City Council consensus directed staff to move Item
6. 1 (Appointment of Vice Mayor for 2024), Item 6. 2 (Mayor and Councilmember Assignments for 2024) and Item 6. 3 (Mayor & Councilmember Committee Reports), before Item 4 ( Consent Calendar).
6. 1 MAYOR DHALIWAL REFERRAL - Appointment of Vice Mayor for 2024 Mayor Dhaliwal appointed Councilmember Minnie Diallo as Vice Mayor for 2024.
6. 2 MAYOR DHALIWAL REFERRAL - Mayor and Councilmember Assignments for 2024
Mayor Dhaliwal requested Council consideration on maintaining the same assignments as 2023. Council consensus directed the City Clerk to keep assignments for 2024 unchanged from prior year.
6. 3 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S) - None
6. 4 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Torres -O' Callaghan expressed appreciation for Lathrop - Manteca Fire District, Lathrop Police Department and staff for organizing the annual Christmas parade, tree lighting ceremony, and Cocoa with Santa events. Vice Mayor Akinjo expressed similar sentiments.
Councilmembers also wished everyone a safe and happy holiday. Mayor Dhaliwal expressed condolences to the Freeman Family for the loss of their beloved Mac Freeman, former Mayor, Councilmember and Planning Commissioner of the City of Lathrop.
December 11, 2023 Lathrop City Council Regular Meeting Minutes Page 8 18 Mayor Dhaliwal added that Mr. Freeman authored two books on the history of Lathrop, and he was considered a local historian.
7. ADJOURNMENT — There being no further business, Mayor Dhaliwal adjourned the meeting at 8: 48 p. m., in memory of Former City of Lathrop Mayor Mac Freeman.
jeW2' t(1
l
T sa Vargas, MMC
Government Services Director
City Clerk
December 11, 2023 Lathrop City Council Regular Meeting Minutes Page 9 19 PAGE LEFT
INTENTIONALLY
BLANK
20 ITEM 4. 3
Quarterly Treasurer Report
December 2023
This report presents a detailed discussion of the City' sfund balances and investment portfolio as of December 31, 2023. It includes all investments managed by the City on its own behalf as well as the City' s Trustees. The report provides information on cash flows, broken down by both investment manager ( City or Trustee) and by percentage allocation within the portfolio.
As of December 31, 2023, the investment portfolio was in compliance with all state laws and the City' sInvestment Policy.
Current Portfolio Summary
As directed by the Investment Policy adopted by City Council, City staff strives to attain three primary goals with the City' s investments as follows ( in order of priority):
1. Safety — Preservation of the principal of invested funds
2. Liquidity — Ability to liquidate one or more of the City' s investments if unexpected expenditures arise
3. Return — Attainment of a market rate of return
The majority of the portfolio is invested in the Local Agency Investment Fund ( LAIF), which is administered by the California State Treasurer' soffice. LAIF provides the City with an investment vehicle with yields that are slightly greater than U. S. Treasuries ( T -bills) with a 2 -year maturity or less. LAIF is a high quality investment in terms of safety, liquidity, and yield. Additionally, LAIF is an " On Demand" account; meaning funds may be withdrawn upon with 1 day notice, representing maximum liquidity.
In addition to LAIF, the City holds investments in Money Market Mutual Funds, Nonnegotiable Certificates of Deposit, and State and Local Government Securities ( SLGS). These investments are prudent investment choices and are included in the City' s Investment Policy as allowable investments.
Each investment mentioned above has a specific maturity date. However, much of the portfolio is On Demand.
The short weighted average maturity provides the City with a great deal of liquidity during this period of heightened economic uncertainty and period of moderate investment yields. This liquidity places the City in a position to invest in longer term maturity investments once interest rates begin to stabilize toward their historical norms; overall macroeconomic indicators signal solid and consistent growth in future years.
The following table ( Table: 1) provides a summary of the City' scash and investments, by holding party, based on recorded value as of December 31, 2023 compared with the prior quarter:
21 1) Small variances are due to the summation and rounding of multiple figures to the nearest whole dollar Please see the following pages ( Tables: 2 through 5) for a more detailed analysis of transactional additions and reductions due to cash flow needs, debt service payments, and maturities/ rollovers of certain investments.
Revenues arrived during the quarter, per City staff expectations, are as follows: utility payments, property tax, franchise fees, sales tax ( including Measure C), developer billing fees, grant reimbursements, building permit fees, plan check fees, and Transient Occupancy Tax (TOT).
Significant payables paid out during the quarter include:
Nonrecurring Expenditure Debt Service Payments, Capital Improvement Projects — General Government, Parks, Streets, Water, and Wastewater
II. Recurring Expenditures
a. Contractual — Park & Street Landscaping, and Wastewater Treatment Services b. Intergovernmental payments — South San Joaquin Irrigation District ( Surface Water Contract), Lathrop Manteca Fire District, City of Manteca ( Wastewater Contract) Quarterly Economic Update
According to the latest projections from PFM Asset Management; The fourth quarter was characterized by economic resilience but expectations for a modest slowdown, cooling inflation that remains above the target set by the Federal Reserve ( Fed), the labor market coming into better balance, and consumers that continue to support U. S. economic growth through spending. The Fed kept the overnight target rate at its current range of
5. 25% to 5.0% at its December 13 meeting and indicated that the historic 2022-3 hiking cycle had likely come to an end. The Fed also messaged a more dovish policy stance for 2024 as its updated " dot plot" showed three 25 basis points ( bps) rate cuts for the year, which was more than previously projected. Yields fell significantly as a result, and Q4 was defined by a strong rally in both equities and bonds. The U. S. labor market remained strong, providing a continuing tailwind for the economy, although that strength has begun to moderate. In Q4, the U. S. economy added 494, 000 new jobs compared to 663, 000 from Q3, which represented the lowest quarterly increase since Q4 of 2019. Labor force participation dipped at year- end, while the unemployment rate of 3.7% was a few tenths of a percent off the generational low reached early in 2023. While still low from a historic perspective, this remains in line with the Fed' s
projections for the headline unemployment rate to trend slightly higher over the next 12 months.
I certify that all of the investments reported herein are in accordance with the " City of Lathrop Investment Policy" adopted on November 13, 2023, with the Government Code, and other contractual agreements. I further certify the investments reported herein provide for the ability of the City to meet cash flow needs for the next six months.
St Tn J. Salvatore
City Manager
Cari Jam
Director of ' inance
22 TABLE:
2 CITY
OF
LATHROP of
Summary
All
Investments
As
of
December
31,
2023
City
Held
Investments
Recorded
Value
Curr
Yieldnt
Percent
of
Portfoli o
Local
Agency
Investment
Fund
Wells
Fargo
Money
Market
Mutual
Funds
California
Asset Management
Program
74, 871, 002 3, 052 837 36, 033,41
3. 929% 5 .
120%
5.50%
38. 71 %1 .
58%
18 .
63%
Total
Investments
Held
by
the
City (
1)
113, 956 880
4.73%
58 .
92 %
Trustee
Held
Investments
Recorded
Value
Current
Yield
Percent
of
Portfolio
US
Bank UMB UnioBank n
Bank
S1County
Pooled
Funds
PFM
Asset Management
PNC
Bank
3, 463, 781 204, 675 1,
165, 888
74, 143, 566 490, 952
4 .
430%
4.30% 0 .
000% 0 .
260% 3 .
400 % 0 .
090%
1.79% 0 .
62 %
0 .
00%
0.9% 38 .
33%
0. 25%
Total
Investments
Held
by
Trustees (
2)
79, 468 81
3. 434 %
41. 08 %
Total
City &
Trustee
Held
Investments &
CashRecorded
Value
Current
Yield
Percent
of
P
ortfoli o
Investments
Held
by
the
City
and
Trustees
Cash
inChecking
Accounts -
Recorded
Value
193, 425, 741 101, 897 653
4 .
046%
100. 00%
Total
Cash
and
Investments
295, 3234
One
month
benchmark U. for
S. Treasuries:
Three
month
benchmark U. Sfor
Treasuries:
Notes: 1)
See
Table:
4 for
detailed
investments
held
by
the
City.
2)
See
Table:
5 for
detailed
investments
held
by
Trustees. 5.
40%
5. 35%
23 TABLE:
3 CITY
OF
LATHROP
Investments
Cash
Flow
Analysis
As
of
December
31,
2023
Investments
Held
by
the
City
Prior
Month
Recorded
Value
Purchased Buy)
Redeemed Sell)
Local
Agency
Investment
Fund (
1)
Wells
Fargo
Money
Market
Mutual
Funds (
2)
California
Asset Management
Program ToInv
tal
estments
Held
by
the
City
74, 871 002 3, 039, 997 10, 943, 354 88,54 33
12, 840
25, 089 67 25, 102, 527
Investments
Held
by
Trustees
Prior
Month
Rec
orded Value
Purchased Buy)
Redeemed Sell)
PNC
Bank
SJCounty
Pooled
Funds
UMB
Bank
US
Bank (
3)
PFM
Asset Management
Total
Investments
Held
by
Trustees
489, 121 98, 085
1, 200, 437 3, 178 855 72,33 500 77, 699, 98 $
1, 952 69, 106 4, 238 284, 926
5,72, 39 5, 932, 60 $
313) 4, 162, 738) 4, 163,
Total
Cash
inChecking
Accounts
Held
by
the
City (
2)
128, 806 412
8, 077, 724
484) 34, 986,
Total
Cash
and
Investments
Held
by
the
City
and
Trustees
295, 360, 73
39, 112, 853 $ (
39, 150 222)
Notes: 1)
LAIF
interest
income
is
paid
quarterly (
Mar/ Jun Sept/ Dec)
and
received
in
the
following
month (
Apr/ Jul Oct/ Jan).
2)
Property
Tax,
Sales
Tax,
Building
permit
rev
enue,
TOT,
Developer
payments,
and
Utility
payments;
nonrecurring
expenses
month:
General
government,
Parks,
Streets,
Wastewater,
and
Water
CIPs;
also,
recurring
expenses:
Park &
street
landscape
water
treatment
services;
lastly, intergovernmental
payments
and
transfers:
SSJID
SCSWSP
0 &
M
expenses .
3)
Interest
earnings
from
BlackRock
Liquidity
Funds
T -
Funds
30 Day
Yield
4. 430%,
debt
service
payments .
24 TABLE: 4
CITY
OF
LATHROP
Investments
Held
by
City -
Detail
As
of
December
31,
2023
Agency (
Broker)
Yield
Investment
Coupon
to
Purchase
Maturity
Description
Rate
Maturity
Date
Date (
No
Local
Agency
Investment
Fund
Money
Market
Fund
City
Acct
No .
98- 39 437
N/ A
3 .
929%
Varies
On
Demand
74,
74,
FargoWells
Mutual
Funds
Money
Market
Mutual
Fund
City
Acct
No .
12641627
N/ A
5 .
120%
Varies
On
Demand
3,
3,
Califorina
Asset Management
Program Liquidity
Account
No .
6084- 001
N/ A
5 .
550%
Varies
On
Demand
36,
36,
TOTAL
INVESTMENTS
HELD
BY
CITY $
113,
25 TABLE:
5 CITY
OF
LATHROP
Investments Held
by
Truste
e -
Detail
As
of
December
31,
2023
Investment Description
Acct
Number
CUSIP
Current
P
urchase
Maturity
Yield
Date
Investments
Held
by
US
Bank
03- 1
Series
2015 -
Mossdale
Village
Assessme
Districtnt
Mossdale
Village
Assessment
Dist.
No.
03- 1
Series
2015 -
Redempti
Fund on
Mossdale
Village
Assessment
Dist.
No.
03- 1
Series
2005/1 -
Reserve
Fund LTHFIN
RP
REVENU
AUTH
E
BONDS
2023
SERIES
A
Money
Market -
Revenue
Account
M
oney
Market -
CFD
Reserve
Account Money
Market -
ReAD
Acco
Reserve
unt La
2003-A
throp
CFD
Money
MarketInterest
Account
Money
Market -
Reserve
Account
LAIF -
Interest CDPH / Account
CDWR -
Loa
SRF
n
Agreement
Account
Agreement
Account -
Reserve
Fund
2015
Crossroads
Series
B
2015
Crossroads
Series
B - Cro
2015
ssroads
Series
B -
2015
Crossroads
Series
B -
2015
Crossroads
Series
B -
2015
Crossroads
Series
B -
LOIB
RDP
LOIB
Reserve
Cost
of
Issuance Improvements COI
Custodian
Agreement
Investments
Held
by
PNC
Bank
by
A
ccount
2012
Loa
Water
Refun dinn (
g
of
2000
Water
COPs)
Certificate
of
Deposit -
Reserve
Fund
6712138601 6712138602 278276000 278276004 278276006 6711720001 6711712200 6711720002 6711908800 6711908801 6712138801 6712138803 6712138804 6712138805 6712198801
4.30 %
10/8 05
On
Demand $
4 .
430%
10/8 05
On
Demand $
4 .
430 % 4.30% 4 .430 % 4 .430% 4 .
430% 3.929%
7/ 1 23 7/ 1 23 7/ 1 23 12/ 03 12/ 03 03/ 19
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
4.30%
12/ 20
On
Demand $
4 .
430%
12/ 20
On
Demand $
430%. 4.30% 4.30% 4 .
430% 4 .430 %
09/1 15 09/1 15 09/1 15 09/1 15 09/1 15
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
Total
In
vestments
Held
by
Trustee -
US
Bank $
0.90%
5/ 22/ 19 $
Total
Investments
Held
by
Trustee -
Pacific
Premier
Bank $
26 TABLE:
5 CITY
OF
LATHROP
Held
by
Investm ents Trustee -
Detailof
As
December
31,
2023
Investment
Current
Purchase
Maturity
Description
Acct
Number
CUSIP
Yield
Date
Investments
Held
by
UMB
Bank
by
Account
2018- 1
Lathro
Central
CFD p
Improvement
Area
1 -
Admin
Expense
Reserve
Fund
Other Improvement
Areas -
Admin
Expense
Reserve
Fund
Improvement
Area
1-
Principal
Account
Improvement
Area
1- Redemption
Account
Improvement
Area
1-
Acco
Interest
unt
Improvement
Area
1-
Admin
Expense
Account
Improvement
Area
Reserv
1-
e
Fund
Improvement
Area
1-
Surplus
Fund
Improvement
Area
2 -
Principal
Account Improvement
Area
2 -
Redemption
Account
Improvement
Area
2 -
Interest
Account
Improvement
Area
2 - ExpeAdmin
nse
Account
Improvement
Area
2 -
Reserve
Fund
Improvement
Area
2 -
Surplus
Fund
Improvement
Area
3 -
Principal
Account
Improvement
Area
3 -
Redemption
Account
Improvement
Area
3 -
Interest
Account
Improvement
Area
3 -
Admin
Expense
Account Improvement
Area
3 -
Reserve
Fund
Improvement
Area
3 -
Surplus
Fund
Improvement
Area
4 -
Acco
Principal
unt
Improvement
Area
4 -
Redemption
Account
Improvement
Area
4 -
Acco
Interest
unt
Improvement
Area
4 -
Admin
Expense
Account
Improvement
Area
4 -
Reserve
Fund
Improvement
Area
4 -
Surplus
Fund
Improvement
Area
5 -
Principal
Account
Improvement
Area
5 -
Redemption
Account
Improvement
Area
5-
Interest
Account
Improvement
Area
5 -
Admin
Expense
Account
149232. 1 149232 .
2 149232. 3 149232. 4 149232. 5 149232. 6 149232 .
7 149232 .
8 149265. 1 149265 .
2 149265 .
3 149265. 4 149265. 5 149265. 6 149267 .
1 149267 .
2 149267 .
3 149267. 5 149267. 6 149267. 7 149268 .
1 149268 .
2 149268. 3
149268.4
149268. 5 149268. 6 149269. 1
149269.
2 149269.
3 149269.
4 4.30%
02/1 19
On
Demand
4 .
430 %
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4 .
430 %
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
430 %.
02/1 19
On
Demand
430%.
02/1 19
On
Demand
430 %.
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4.30 %
02/1 19
On
Demand
430%.
02/1 19
On
Demand
4 .
430 %
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
430%.
02/1 19
On
Demand
4.30 %
02/1 19
On
Demand
430%.
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4.30 %
02/1 19
On
Demand
430%.
02/1 19
On
Demand
430 %.
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4.30 %
02/1/ 19
On
Demand
4 .
430%
02/1 19
On
Demand
27 TABLE:
5 LATHROP
CITY
OF
Investments
Held
by
Trustee -
Detailof
As
December
31,
2023
InvestmentDescription Improvement
Area
5 -
Reserve
Fund
Improvement
Area
5 -
Surplus
Fund
2018-
Central
Lathrop
CFD
Special
Tax
Fund
Surplus
Fund
Investments
Held
San
by
Joaquin
County
by
Account Sanitary
Sewer
Assessment
District
81 Pooled
Funds -
Redemption
Account Investments
Held
by
PFM
Asset Management
Acco
by
unt
PFM
Man agemenAsset
t
Money
M
arket
Fund
USTreasury
Bond /
Note
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
US
No
Treasury
tes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
US
No
Treasury
tes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
Acct
Number
Current
Purchase
Maturity
CUSIP
Yield
Date
149269. 5
4 .
430%
01/ 192
On
Demand $
149269. 6 149261. 1 149261. 2
4.30 %
01/ 192
On
Demand $
430 %.
01/ 1902
On
Demand $
430%.
01/ 192
On
Demand $
T
otal
Investments
Held
by
Trustee -
UMB
Bank $
SJ
CO
FUND #
57961
0 .
260%
10/ 87
On
Demand $
T
otal
Investments
Held
by
Trustee -
San
Joaquin
Cou
20260109
PFM
Funds -
Govt
Select
AAAm $
91282CCX7
375% 0.
09/ 15 21
09/ 15 24 $
91282CCX7
0.375%
09/ 15 21
09/ 15 24 $
91282CDB4
0. 625 %
15/ 210
10/5 24 $
912828YM6
1. 500%
31/ 190
10/ 31 24 $
91282CDH1
0.750%
15/ 21
11/5 24 $
91282CDH1
750% 0.
11/5 2
15/ 24 $ 11/
912828YV6
500% 1.
11/ 309
30/ 24 $ 11/
91282CFX4
4 .
500%
11/ 30 22
11/ 30 24 $
91282CDN8
1 .
000%
15/ 2112/
12/5 24 $
91282CDN8
1 .
000%
12/5 21
12/5 24 $
91282CDS7
1 .
125 %
01/ 15 22
01/ 15 24 $
91282CDS7
125% 1.
01/ 15 22
15/ 24 $ 01/
91282CDZ1
1 .
500%
02/ 15 2
02/ 15 2 $
91282CED9
750% 1.
03/ 15 22
15/ 2 $ 03/
91282CED9
1 .
750%
03/ 15 22
15/ 2 $ 03/
91282CGU9
3.875%
31/ 230
03/ 31 25 $
9128284M9
2 .
875 %
30/ 1804
04/ 30 25 $
91282CEQ0
2.750%
15/ 220
05/ 1 2 $
91282CEQ0
750% 2.
05/ 1 22
15/ 2 $ 05/
91282CEQ0
2. 750%
15/ 220
05/ 1/ 2 $
91282CEY3
3. 000%
07/ 15 22
07/ 15 2 $
91282CEY3
3. 000%
07/ 15 22
15/ 2 $ 07/
91282CEY3
3. 000%
07/ 15 22
07/ 15 2 $
91282CFE6
3. 125%
15/ 2208
15/ 2 $ 08/
28 USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
US
No
Treasury
tes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
US
No
Treasury
tes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
TABLE:
5 CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detail
As
of
December
31,
2023
Investment
Current
Purchase
Maturity
Description Acct
Number
CUSIP
Yield
Date
91282CFE6
125% 3.
08/ 15 22
08/ 15 2
91282CFK2
3 .
500%
09/ 15 22
09/ 15 2
91282CFK2
3 .
500%
09/ 15 22
09/ 15 2
91282CFP1
4 .
250 %
10/5 22
10/5 2
91282CFP1
250 % 4.
10/5 22
10/5 2
91282CFW6
4 .
500%
11/5 22
11/5 2
91282CFW6
4 .
500 %
11/5 22
11/5 2
91282CGA3
4 .
000 %
12/5 2
12/5/ 2
91282CGA3
4 .
000%
12/5 2
12/5 2
91282CGE5
875% 3.
01/ 15 23
01/ 15 26
91282CGE5
875% 3.
01/ 15 23
15/ 2601
91282CGE5
3 .
875%
01/ 15 23
15/ 2601
91282CGL9
000% 4.
02/ 15 23
02/ 15 26
91282CGL9
000% 4.
02/ 15 23
02/ 15 26
91282CGL9
000% 4.
02/ 15 23
02/ 15 26
9128286F2
2. 500 %
02/ 28 19
02/ 286
91282CGV7
750% 3.
15/ 2304
04/ 15 26
91282CHB0
3. 625 %
15/ 230
05/ 1 26
91282CHH7
125% 4.
06/ 15 23
06/ 15 2
91282CH
M6
500% 4.
07/ 15 23
07/ 15 26
91282CHU8
4 .
375%
08/ 15 23
15/ 2608
91282CHU8
375% 4.
08/ 15 23
15/ 2608
91282CHY0
625% 4.
09/ 15 23
09/ 15 26
91282CJC6
4 .
625%
15/ 230
10/5 26
91282CJK8
4. 625 %
15/ 231
11/5 26
91282CJK8
4 .
625%
11/5 23
11/5 26
USTreasury
Subtotal:
29 TABLE:
5 CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detail
As
of
December
31,
2023
DeInvestment scription
Acct
Number
Current
Purchase
Maturity
CUSIP
Yield
Date
natio
Supra -
nal
Agency
Bond /
Note
Int'
BK
Recon
And
Dev
Note
Inter -
American
DevelCorporate BK
Notes Supra -
National
Agency
Subtotal
Federal
Agency
NoBond/
te
Federal
Home
Loan
Banks
Notes
Federal
Home
Loan
Banks
Notes (
Callable)
Federal
Home
Loan
Banks
Notes
Federal
Home
Loan
Banks
Notes
Fannie
Mac
Notes (
Callable)
Federal
Lo
Home
an
Banks
Notes (
Callable) Ho
Federal
me
Loan
Banks
Notes (
Callable)
Federal
Home
Loan
Banks
Notes (
Callable)
FFCB
Bonds
Fannie
M
ae
Notes (
Callable)
Federal
Agency
Subtotal:
Interest Total
Accrued
Interest
4581X0DZ8
500% 0.
09/ 231
23/409
45950KDF4
375 % 4.
12/ 06 23
15/ 2701
4581X0EM6
375% 4.
12/ 23
02/1 27
3130ASME6
000% 3.
07/8 22
08/ 247
3130AMVD1
420% 0.
17/ 2106
09/ 17 24
3130AV7L0
000% 5.
03/ 2
28/502
3130AWER7
4 .
625%
0/ 9 23
06/ 25
3134GXM35
3 .
600 %
08/5 22
08/1 25
3130AN3T5
1 .
000%
23/10
03/ 26
3130ALGJ7
000% 1.
23/10
23/60
3130ANCD0
110%.
07/ 30 21
27/60
3133EPSW6
4 .
500%
08/ 14 23
08/ 14 26
3135G06L2
0. 875%
12/8 20
12/8 26
Total
Investm
ents
Held
by
Trustee -
PFM
Asset
Total
Investments
Held
by
Trustees $
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 ITEM 4. 5
CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY THE PURCHASE OF TWO DIGITAL
MARQUEES AND APPROVE A SERVICE CONTRACT
WITH ABV SCOREBOARD SERVICES, INC., FOR THE
INSTALLATION OF TWO MARQUEES AT CITY HALL
RECOMMENDATION: Adopt Resolution to Ratify the Purchase of Two Digital Marquees and a Service Contract with ABV
Scoreboard Services, Inc., for the Installation of Two
Marquees at City Hall
SUMMARY:
In August of 2023, staff solicited three quotes for digital marquees for City Hall.
Based on the review and evaluation of the three quotes, the lowest response for the project was determined to be ABV Scoreboard Services, Inc., with a quote of $ 68, 175 for two digital marquees. ABV Scoreboard Services, Inc., advised the lead time for the digital marquees would be twelve weeks and they required a purchase order to start the assembly of the marquees. In September of 2023, Purchase Order 2024- 00000237 was processed with ABV Scoreboard Services, Inc. Staff is requesting Council to ratify Purchase Order 2024- 00000237 with ABV Scoreboard Services, Inc., for the two digital marquees.
In January of 2024, the City received both digital marquees and worked with ABV Scoreboard Services, Inc., and the installation. The installation is complete, and staff is requesting Council to approve the service contract with ABV Scoreboard Services, Inc., in the amount of $ 12, 500.
In addition to the purchase and installation of the two digital marquees for City Hall, minor electrical work was performed to supply power and data to the marquees. The total cost of powering the marquees was $ 1, 697. Staff is requesting Council to approve the electrical work in the amount of $ 1, 697.
Sufficient funds were already approved in the FY 23- 24 budget for this project.
BACKGROUND:
To share information about City services, events, and programs that can significantly impact the quality of life for community members, two digital marquees were installed at City Hall. The digital marquees visibility, reach, and overall outreach are effective tools for building community awareness and transparency. 49 CITY MANAGER' SREPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
RATIFY THE PURCHASE OF TWO DIGITAL MARQUEES AND APPROVE A SERVICE AGREEMENT WITH ABV SCOREBOARD SERVICES, INC., FOR THE
INSTALLATION OF TWO MARQUEES AT CITY HALL
Staff solicited three quotes for digital marquees from vendors whose product was determined to meet the needs of the city. Three quotes were received; ABV Scoreboard Services, Inc., was determined to be the lowest and most responsible quote.
Table 1: Summary of Results for Digital Marquees
Contractor Quote Ranking Quote Amount
ABV Scoreboard Services, Inc. 1 68, 175. 00
Golden Rule Signs 2 92, 436. 52
Stewart Signs 3 92, 839. 00
Staff is requesting Council to ratify Purchase Order 2024- 00000237 with ABV Scoreboard Services, Inc., for two digital marquees, approve the service contract with ABV Scoreboard Services, Inc., in the amount of $12, 500, and approve electrical work in the amount of $ 1, 697 for a grand total of $82, 372.
FISCAL IMPACT:
The purchase of two digital marquees with ABV Scoreboard Services, Inc., is $ 68, 175.
The installation service agreement with ABV Scoreboard Services, Inc., is $ 12, 500 and the electrical work to power the marquees is $ 1, 697, for a project total of 82, 372. Sufficient funds were authorized in the approved FY 23- 24 budget for this project.
ATTACHMENTS:
A. Resolution of the City Council of the City of Lathrop to Ratify Purchase Order 2024- 00000237 with ABV Scoreboard Services, Inc., for Two Digital Marquees, Approve the Service Contract with ABV Scoreboard Services, Inc., in the Amount of $ 12, 500, and Approve the Electrical Work in the Amount of $ 1, 697, for a Grand Total of $82, 372
B. Purchase Order 2024- 00000237 with ABV Scoreboard Services, Inc., for Two Digital Marquees and Installation
C. Service Contract with ABV Scoreboard Services, Inc
50 CITY MANAGER' S REPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
RATIFY THE PURCHASE OF TWO DIGITAL MARQUEES AND APPROVE A SERVICE AGREEMENT WITH ABV SCOREBOARD SERVICES, INC., FOR THE
INSTALLATION OF TWO MARQUEES AT CITY HALL
APPROVALS:
Todd Sebastian
Director of Parks and Recreation
Date
0 —to -2Q 4
Ken Reed Date
Senior Construction Manager
ernandes Date
A- 9
Inforypation Systems Director
Cari Jame
Director oflhinance
Date
Thomas Hedegard - Date
21Li11O1, 4
Deputy City Manager
4/lZo2/
Michael King Date
Assistant City Manger
2-- zoZy
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
710/ ze
51 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY LATHROP TO RATIFY THE
PURCHASE ORDER FOR TWO DIGITAL MARQUEES AND A SERVICE CONTRACT WITH ABV SCORBOARD SERVICES, INC., FOR THE INSTALLATION OF TWO AT
CITY HALL
WHEREAS, Staff solicited three quotes from vendors for digital marquees for City Hall; and
WHEREAS, ABV Scoreboard Services, Inc., provided the lowest response quote of $68, 175; and
WHEREAS, a purchase order was processed with ABV Scoreboard Services, Inc., to purchase two marquees; and
WHEREAS, the City received the marquees and worked with ABV Scoreboard Services, Inc., to schedule the installation; and
WHEREAS, the installation is complete, and staff is requesting Council to approve the service contract with ABV Scoreboard Services, Inc., in the amount of 12, 500; and
WHEREAS, minor electrical work was performed to supply power and data to the marquees in the amount of $ 1, 697; and
WHEREAS, staff is requesting Council to approve the electrical work in the amount of $ 1, 697; and
WHEREAS, the purchase and installation of the two marquees is completed for a grand total of $82, 372; and
WHEREAS, sufficient funds were allocated in the FY 23/4budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop approves and ratifies the purchase order for two digital marquees, a service contract with ABV Scoreboard Services, Inc., for the installation of two marquees, and an agreement for electrical work in the amount of $82, 372. 52 The foregoing resolution was passed and adopted this 12th day of February 2024, by the following vote of:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 53 DocuSign Envelope ID: 1BBA7A93- 028B- 41B8- 98BE- 6F78242EF1A ATTACHMENT" 6 " The parties to this agreement
are:
Vendor No. 3729
ABV SCOREBOARD SERVICES,
S
INC
C. 1270 AVENIDA ACASO SUITE F
g CAMARILLO, CA 93012
co 390 Towne Centre Dr
c Lathrop, CA 95330
0 Cl) 390 Towne Centre Dr
2 Lathrop, CA 95330
0 Purchase Order
No. 2024- 00000237
Date 9/ 6/ 2023
Resolution
PURCHASE ORDER NUMBER MUST
APPEAR ON ALL INVOICES, SHIPPERS, BILL.
OF LADING AND CORRESPONDENCE
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE 1 of 3
ORIGINATOR Bonnie Evans
QUANTITY UNIT DESCRIPTION I
UNIT COST TOTAL COST
2. 00
1. 00
1. 00
EACH Custom Marquees
EACH Shipping
EACH Sales Tax
31, 000.000
750. 000
5, 425. 0000
The contractor agrees to furnish all labor, equipment and materials necessary to perform the services describe herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference ( Outline exact detail what is to be done, where is to be done and include work specifications, if applicable.)
l•}• Z3
CITY OF LATHROP
RECOMMENDED FOR APPROVAL DATE
DATE
0+ —
CITY OF LATHROP
APPROVED BY
Special Instructions
DocuSigned by:
r atfivd,
seeersreie„ ens.
VENDOR ( Signature)
APPROVED BY
John L. Alfino
62, 000.
750. 00
5, 425. 00
68, 175. 00
9/7/ 2023
DATE
9/ 7/ 2023
VENDOR ( Print Name)
APPROVED BY DATE
Two Custom Marquees for City Hall
54 DocuSign Envelope ID: 16BA7A93- 0288- 41B8- 98BE- 6F7E8242EF1A
3. Pate 2 of 3
STANDARD PURCHASE ORDER
TERMS AND CONDITIONS
l . ACCEPTANCE. Acceptance of this Purchase Order" whether by written acknowledgement or by performance by Seller. shall be upon the terms and conditions hereof; no other terms or conditions shall be binding on Buyer unless mitten approval thereof specifically referring. to such other terms and conditions shall have been given to Seller.
INVOICES Separate mvoice shall be supplied for each Purchase Order shipment Each invoice shall be itemized and shall show Contract Number, terms, discounts. date of shipment or service dates. and Purchase Order Number. Faihue to show said items may result in delay of payment with all rights reserved, including cash discounts. The Vendor name on this Purchase Order resulted from a quotation signed in the same name. Payment will not be made to a firm name other than that shown on the face hereof without written assignment PAYMENT TERMS Seller shall receive payment either by One - Time payment ( Lump Sum). Monthly or Quarterly ITEMIZED DIVOICE. All payments are in arrears.
ORDER CHANGES. The Buyer shall have the right from time to time by written notices to make changes in quantities andor delivery dates of any article, material, or services covered by this Purchase Order prior to the time the item or items are actually placed into final production by the Seller. If such changes are made after the article, material, or services are placed into final production by the Seller and such changes cause a substantial increase or decrease in Seller' s performance will be made and this order will be modified in writing accordingly, provided that any claim for adjustment must be asserted by the Seller within a reasonable time (in no case to exceed twenty days) after the change is ordered
5. SHIPPING. Seller will indicate plainly the Purchase Order Number on all bills of lading. all goods shipped pursuant to said order. and on all invoices, freight bills. and packages Each package must contain a memorandum showing Seller' s name. content of package. and Purchase Order Number
Shipments of goods specified on this Purchase Order number should result in lowest possible & eight rate unless otherwise specified by Buyer Penalties or increased charges due to failure to observe this provision will be charged to Seller Shipping costs for goods on back order shall be paid only at the rate which would have been applicable had the complete order been shipped at one time. All excess costs shall be borne by Seller. Partial shipments must be identified as such on shipping memoranda and invoices
When shipping. Seller will make no declaration of value to canied. except where shipment is subject to released value ratings Any materials supplied to City which are covered by the OSHA Hazard Comnnmrcation Standard must be accompanied by the applicable Material Safety Data Sheet (MSDS) at the time of delivery 6 DELIVERY. Unless otherwise expressly provided_ Seller shall deliver all articles to Buyer' s premises. free of all freight handling. transportation drayage, boxing and similar charges. All times in this contract are of the essence ` TERMINATION. Buyer may terminate all or part of this contract. with or without cause If buyer terminates without cause. then Buyer shall pay all reasonable termination charges incurred by Seller S DECLINE LN PRICES. Buyer shall be protected m the event of declining prices on the undelivered portion of this Purchase Order. If prices decline got items ordered. Seller may elect to meet priced reductions or other vendors. or is own lower prices to other purchasers. but if Seller should refuse to do so. Buyer shall have the right to cancel any or all of the balance due on this Purchase Order without cost to Buyer
9 FORCE 41AJELURE Neither Seller nor Buyer shall be liable for nonperformance due to causes beyond reasonable control Where only a part of Seller' s
capacity to perform is excused under this paragraph, Seller must allocated production and deliveries among the various customers then under contract for similar goods during the period. The allocation must be made in a fair and equitable manner. Where either Seller or Buyer claims an excuse far nonperformance under this paragraph. it must give notice m writing to the other party. Seller shall not be obligated to sell. nor Buyer obligated to purchase. at a later date. that portion of the goods that Seller is unable to deliver or Buyer is unable to receive or use due to any excused cause No goods are to be tendered by Seller after the expiration of the terms specified in this Purchase Order without consent of Buyer. 10 WARRANTY. Seller warrants that all articles and services covered by this Purchase Order will conform to drawings. specifications" or samples and will be merchantable and of good material design and workmanship, free from all defects. and suitable for the use intended Ail articles will be subject to Buyers inspection and rejection at the place of deliver}. Defective articles may be returned to the Seller for full credit or replacement at the Seller' s risk and expense. including transportation charges both ways. but no defective articles shall be replaced without formal replacement order signed by the Bnyer 11 ASSIGNMENT. Neither party shall assign or transfer this Purchase Order without the written consent of the other 1? ENDEMICITY. SELLER WARRANTS THAT GOODS FURNISHED UNDER THIS PURCHASE ORDER DO NOT LNFRIirGE
ANY PATENT, TRADEMARK, OR TRADE NAME, OR COPYRIGHT AND AGREES TO LN- DEMLNIFY AND SAVE HARMLESS BUYER OR ITS VENDEES FROM ANY AND ALL CLALIIS, SUITS, LIABILITIES, DANLAGES, LOSSES, OR EXPENSES INCURRED BY BITER OR ITS V- ENDEES BY REASON OF ANY ALLEGED ECFRINGEMENT OF ANY SUCH RIGHTS.
55 DocuSign Envelope ID: 1BBA7A93- 028B- 41 B8- 98BE- 6F7E8242EF1A PAGE 3 OF 3
SELLER SHALL LNDEMN1TY AND HOLD HARMLESS BUYER AND ITS AGENTS AND EMPLOYEES FROM AN AGALNST ALL CLAMS, DAMAGES, LOSSES AND EXPENSES, ll\ CLUDL\ GATTORN' EY' SFEES, ARISING OUT OF OR
RESULTING FROM THE PERFORMANCE OF THE WORK CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF SELLER, ANY SUBCONTRACTOR, OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE. IN CASE OF C' ONCITRRLNG FAULT, EACH PARTY SHALL BEAR ITS SHARE OF THE LOSS. 13 BUYER' SPROPERTY. Any property of Buyer in Seller' s active or constrictive possession or custody hereunder will be at Seller' srisk. and Seller agrees to reimburse Buyer for any loss or damage to such property however caused 14 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS By acceptance hereof. Seller Warrants. a) that all goods, merchandise, and materials delivered and services rendered hereunder will have been produced and provided in compliance with all requirements of the Fair Labor Standards Act of 1933, as amended. and b) that all goods, materials_ and equipment delivered hereunder shall comply with the applicable federal standards prescribed by the Occupational Safety and Health Act of 1970. cr as amended c) that Seller will comply with all applicable laws. pules and regulations of federal state and local governments and agencies. thereof_ including but not limited to Executive Orders 11246, 11701, and section 503 of Public Law 93- 112. The Rehabilitation Act of 1973, the provisions of The Americans and Disabilities Act, Transient Employer Law ( 285.30 R. S Mo et seq.) and Excessive U: nemplo} went Law ( Section 290. 550 et seq R. S. Mo.) which are hereby incorporated by reference. unless this Purchase Order is exempt pursuant to said Executive Orders. or Acts and the regulations issued thereunder
15. WORKER' SCOMPENSATION. EMPLOYER' SLIABILITY, AND GENERAL LIABILITY When work as performed on Buyer' s premises. Seller agrees to carry at Sellers own expense. a) Worker' sCompensation and Employer' s Liability Insurance. b) General liability ( including Contractual Liability and Products Liability/ Completed Operations) Insurance and Auto Liability insurance each in amounts no less than $ 1. 000,00 per occurrence. Insurance certificates of such coverage shall be submitted to City Utilities' Risl: Management upon request ofBuyer
16 LNSOLVENC' Y. If Seller shall become insolvent. file a petition in bankruptcy, or shall make an assi_ grmnent for the benefit of creditors. or if a receiver or trustee shall be appointed of or for any of Seller' s property or business. the Purchase Order may be cancelled at Buyers option without liability_
17 TAXES. Seller agrees to cooperate with Buyer m opposing the unpositiou of any tax on any article covered by this Purchase Order. the legality of which is questioned by Buyer, and in securing any abatement or any refund thereof sought by Burger
18 FOREIGN SHIPMENTS Foreign shipments must be preceded by execution of formal Consular Invoice At time of shipment Ocean Bills of Lading. Consular Invoice. and Commercial Invoices. in triplicate, shall be forwarded directly to the Purchasuag Agent issumg this Purchase Order.
19 VENUE. This Purchase Order shall be governed by the law of the State of California 20 BRANDING Seller warrants that all materials covered by this Purchase Order are no altered or misbranded within the meaning of the Federal Food. Drug and Cosmetic Act: not an article with may nor , under provisions of Section 404 or 505 of said act. be introduced into interstate commerce. and not adulterated or misbranded within the meaning of the pure food and drug laws or the ordinances of any state or city which are applicable to such shipment or delivery, and Seiler hereby agrees to indemnify and save the Buyer harmless from and against all claims, charges. action and proceedings brought against Buyer by any lawful government authority or by any person on account of any alleged adulteration or misbranding by Seller of any such material referred to above Seller does no guarantee against any such material becoming adulterated or misbranded after delivery to Buyer by reason of causes beyond Seller' scontrol 21 CONFLICTING TERMS. In case of a conflict between these terms and conditions and those of a separate written contract signed by both Buyer and Seller, the written contract shall prevail
22 REVIEW OF RECORDS During the teen of the purchase order' agreement and for three years thereafter. City of Lathrop ( City) shall have the right to review Seller' srecords, only for the purposes of verifying claims for payment and compliance with the terms and conditions of the purchase order, agreement for at least three years after final payment. 23 OFFSETTING BILLS City reserves the right to apply offsetting payments for goods and or services that are due against delinquent utility bills which are due City
24 NON- EXC' LUSIGE AGREE 1ENT The purchase order is a non- exchisive contract and City reserves the right to purchase same or like materials and or services from other sources as City deems necessary and appropriate. 56 Office of the City Manager
ATTACHMENT" "
390 Towne Centre Dr. - Lathrop, CA 95330
Phone ( 209) 941- 7220 - fax (209) 941- 7248
www. ci. lathrop. ca. us
NOTICE TO PROCEED
ABV Scoreboard Services, Inc.
John L. Alfino, President
1270 Avenida Acaso, Unit F
Camarillo, CA 93012
Dear Mr. Alfino:
Enclosed please find your original executed Service Contract to provide the installation of custom marquees located at City Hall from ABV Scoreboards Services, Inc. This is your Notice to Proceed to the attached Contract.
Should you have any questions regarding this project, please contact Todd Sebastian at 209) 941- 7384, the staff member directly involved with this project.
Sincerely,
Folk
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
57 DocuSign Envelope ID: 922E3033- A36B- 4E4E- 9DDE- B694658180D5
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP AND ABV
SCOREBOARD SERVICES, INC.
INSTALLATION OF TWO CUSTOM MARQUEES
LOCATED AT CITY HALL
THIS SERVICE CONTRACT ( hereinafter " Contract") is made on the 8 of February, 2024, by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter " City") and ABV Scoreboard Services, Inc. hereinafter " Contractor"), whose Taxpayer Identification Number is 45- 2695081.
For and in consideration of the following covenants, terms and conditions, City and Contractor (the parties) agree:
SCOPE OF WORK
Contractor agreed to install two custom marquees located at City Hall 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 agreed to diligently perform these services in accordance with the upmost standards of its profession and to the City' ssatisfaction.
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 $ 12, 500 set forth in Exhibit " A", for the installation of two custom marquees located at City Hall.
TIME FOR PERFORMANCE
The installation shall be completed no later than February 29, 2024.
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. 58 DocuSign Envelope ID: 922E3033- A36B- 4E4E- 9DDE- B694658180D5
SERVICE CONTRACT
INSTALLATION OF CUSTOM MARQUEES LOCATED AT CITY HALL
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.
a) If the notice is given to the City, by personal delivery thereof to the City' s Director of Parks, Recreation, and Maintenance Services, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s
Director of Parks, Recreation, and Maintenance
Services, 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' sBid 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
Precautions 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' SWARRANTY
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.
59 DocuSign Envelope ID: 922E3033- A36B- 4E4E- 9DDE- B694658180D5
SERVICE CONTRACT
INSTALLATION OF CUSTOM MARQUEES LOCATED AT CITY HALL
APPRENTICES
a) The Contractor' sattention 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. 6and 1777. 7 of the California Labor Code.
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- fivedollars 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:
60 DocuSign Envelope ID: 922E3033- A6B- 4E4E- 9DDE- B694658180D5
SERVICE CONTRACT
INSTALLATION OF CUSTOM MARQUEES LOCATED AT CITY HALL
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. 7to 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 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' sname, 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
61 DocuSign Envelope ID: 922E3033- A36B- 4E4E- 9DDE- B694658180D5
SERVICE CONTRACT
INSTALLATION OF CUSTOM MARQUEES LOCATED AT CITY HALL
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. gov/ 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.
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.
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' Ssole cost and expense, maintain Statutory
62 DocuSign Envelope ID: 922E3033- A36B- 4E4E- 9DDE- B694658180D5
SERVICE CONTRACT
INSTALLATION OF CUSTOM MARQUEES LOCATED AT CITY HALL
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' sLiability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). 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 selfinsurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement. b) Commercial General and Automobile Liability Insurance.
CONTRACTOR, at CONTRACTOR' Sown 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, 000,00), 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.
63 DocuSign Envelope ID: 922E3033- A36B- 4E4E- 9DDE- B694658180D5
SERVICE CONTRACT
INSTALLATION OF CUSTOM MARQUEES LOCATED AT CITY HALL
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.
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 self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of 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 Coverage. 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' Searliest 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;
64 DocuSign Envelope ID: 922E3033- A36B- 4E4E- 9DDE- B694658180D5
SERVICE CONTRACT
INSTALLATION OF CUSTOM MARQUEES LOCATED AT CITY HALL
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' Sbreach.
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' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to 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
65 DocuSign Envelope ID: 922E3033- A36B- 4E4E- 9DDE- B694658180D5
SERVICE CONTRACT
INSTALLATION OF CUSTOM MARQUEES LOCATED AT CITY HALL
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.
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.
66 DocuSign Envelope ID: 922E3033- A36B- 4E4E- 9DDE- B694658180D5
SERVICE CONTRACT
INSTALLATION OF CUSTOM MARQUEES LOCATED AT CITY HALL
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete
Z--?- 2DzY
Recommended for Approval: City of Lathrop
Parks, Recreation, and Fleet Director
Tod Sebastian
Date
Z. p2J- 1
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Contractor:
FoR
Stephen J. Salvatore
City Manager
ABV Scoreboard Services, Inc.
1270 Avenida Acaso, Unit F
Camarillo, CA 93012
800) 204- 0402
Federal ID # 45- 2695081
Business License #42513
DocuSigned by:
DDC6cDc5+ CD0^
Signature
John Alfino - President
Date
8 / toy,/
ate
2/ 7/024
Date
President
Print Name and Title
67 EXHIBIT A
ABV SCOREBOARD
SERVICES, INC.
1270 Avenida Acaso, Unit F
Camarillo, CA 93012
Phone: (800) 204- 0402
Fax: (805) 484- 5020
CONTRACT FOR MATERIALS/ INSTALLATION SERVICES
Client/ Owner:
Name: City of Lathrop
Contact Person: Todd Sebastian
Business address:
Telephone: 209- 941- 7370
Job name: City of Lathrop City Hall
Job Street: 390 Towne Centre Drive
Job City, State, ZIP: Lathrop, CA 95330
ABV Scoreboard Service, Inc., agrees to furnish all labor and materials necessary to install two Vantage 6' x10' full color message boards for the sum of Twelve Thousand Five Hundred Dollars($ 12, 500).
1. Scope of Work. Includes preparing the displays for installation, securing necessary support structure and connecting data and electrical.
Client will provide electrical and data path within 10' of each location.
2. Price. The price for the work described above will be payable as follows:
A) Balance due upon completion of work.
3. Time for Commencement of Work. Work under this contract shall commence after: (1) Company and Client have both executed this contract
4. Additional Work or Changes. Client/ Owner may order additional work or changes in writing at any time, at a price agreed on or at Company' sregular rates for time and material used in additional work or change -orders. Company shall not be required to perform any extra or change -order work without: (1) a written request from Client/ Owner; and ( 2) a written acceptance by Company. All accepted written ABV Scoreboard Services, Inc. Page 1 of 3 Initials: /
Contract for Installation Services Owner ABV
68 requests for changes or extra work shall be incorporated into, and become part of, this contract.
5. Contract Payments. Company shall not be required to proceed with work if the payments due to Company have not been made as specified in this contract.
6. Unavoidable Interruptions. Company shall not be held responsible or liable for any loss, damage, or delay caused by fire, strikes, civil or military authority, or any other cause beyond Company' scontrol.
7. Charges to the Company. Company shall not be liable for any charges for temporary wiring, electrical energy, heat, job cleanup, hoisting, job telephone, job office or storage space, etc., unless specifically stated in this contract,
8. Damages. Company shall not be liable for any damages resulting from delay in completion of the work caused by factors beyond Company' scontrol.
9. Acceleration of Obligation on Transfer of Title. If Client/ Owner disposes of the property on which work is pending under this contract by sale or otherwise, prior to completion of all payments, the full amount remaining unpaid on this contract shall be due at once and payable within 48 hours after date of disposal.
10. Arbitration. Any controversy or claim relating to this contract shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The result of that arbitration shall be binding on the parties to this contract. Judgment on any arbitration award may be entered in any court having appropriate jurisdiction.
11. Default. If Client/ Owner does any of the following, Client/ Owner shall be deemed in default under this Agreement: fails to pay any installment or installments on the contract price when due; declares bankruptcy; makes an assignment for the benefit of creditors; or permits an attachment or execution to be levied against Client/ Owner. If Client/ Owner is in default according to the terms of this Paragraph 11, then as long as Client/ Owner remains on the premises, Company, at Company' soption, may remove from the premises any materials or fixtures that have been installed or delivered by Company and may sell those materials or fixtures at private sale without notice, that notice being expressly waived. Company shall apply any amount received in that private sale on account for any indebtedness due to Company on the contract. The option provided for in this Paragraph shall be in addition to any and all other remedies the Company may have to enforce this contract. If Company initiates legal proceedings against Client/ Owner to retake possession of or collect any money due under this contract, Client/ Owner agrees to pay all costs, interests, and reasonable attorneys' fees.
ABV Scoreboard Services, Inc. Page 2 of 3 Initials: /
Contract for Installation Services Owner ABV
69 12. Release for Payment. On satisfactory payment made for any portion of the work performed, Company shall, at the request of Client/ Owner, furnish to Client/ Owner a full and unconditional release from any claim or mechanics' lien for that portion of the work for which payment has been made.
COMPANY! Client/ Owner:
ABV Scoreboard Services, Inc.
By: Stepte arner SPM Signature
Name and Title:
ABV Scoreboard Services, Inc. Page 3 of 3
Contract for Installation Services
70 A LJ® CERTIFICATE OF LIABILITY INSURANCE
DATE )
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Orr & Associates Insurance Services
28780 Single Oak Dr
Ste 255
Temecula CA 92590
License#. 0E63493
CONTACT
Certificates
PHONE FAX
WC. No, Ext): 951- 506-859 ( A/ c, No): 800- 474- 3003
ADDRESS: certs@orrandassociates. com
INSURER( S) AFFORDINGCOVERAGE NAIC#
INSURER A: California Auto Insurance Co. 38342
INSURED ABVGREE- 01
ABV Scoreboard Services Inc
1270 Avenida Acaso Ste F
Camarillo CA 93012
INSURER B : Mt. Hawley Insurance Company 37974
INSURER c: Insurance Com pany of the West 27847
INSURER D: Great American Insurance Co. 16691
INSURER E : Concert Specialty Insurance Co 17151
INSURER F :
COVERAGES CERTIFICATE NUMBER: 2075811792 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
ADDL
INSD
SUBR
MD POLICY NUMBER
POLICY EFF
SMM/ OD/ YYYY)_,. tMM/ DD/ YYYY)
POLICY EXP
LIMITS
E X COMMERCIAL GENERAL LIABILITY Y Y CSTMGL0001143- 00 5/ 2/023 5/ 2/024 EACH OCCURRENCE 1, 000,00 CLAIMS - MADE [ X1 OCCUR
DAMAGE TO RENTED
PREMISES ( Ea occurrence) 50, 000
MED EXP ( Any one person) 5, 000
PERSONAL & ADV INJURY 1, 000,00
GE
X
L AGGREGATE LIMIT APPLIES
PRO- 1JECT
PER:
LOC
GENERAL AGGREGATE 2, 000,00
PRODUCTS - COMP/ OPAGG 2, 000,00
A AUTOMOBILE
X
1 LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
SCHEDULED
Y Y BA040000040946 1/ 28/023 1/ 28/024 SO aBI EDtSINGLE LIMIT 1, 000,00 BODILY INJURY ( Per person)
BODILY INJURY Per accident) ident )
DAMAGE PROPERTYeaccident)
B
X
UMBRELLA LIAB
EXCESS LIAB
X OCCUR
CLAIMS - MADE
GXS0006721 3/ 6/ 2023 3/ 6/ 2024 EACH OCCURRENCE 1, 000,00 AGGREGATE 1, 000,00
DED RETENTION $
C WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBEREXCLUDED? (
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/ A
Y WSD506667100 7/ 24/022 7/ 24/023 X
PER
STATUTE
O H
ER
E. L. EACH ACCIDENT 1, 000,00
E. L. DISEASE - EA EMPLOYEE 1, 000,00
E. L. DISEASE - POLICY LIMIT 1, 000,00
D
D
D
Equipment Floater
Equipment Floater
Equipment Floater
IMPE976454
IMPE976454
IMPE976454
4/ 19/ 2023
4/ 19/ 2023
4/ 19/ 2023
4/ 19/ 2024
4/ 19/ 2024
4/ 19/ 2024
BPP
Installation Floater
Scheduled Equipment
165, 000
200, 00
10, 500
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate is subject to policy limits, conditions and exclusions.
City of Lathrop its officers, employees and volunteers are named as Additional Insured as per attached endorsement form( s).
CERTIFICATE HOLDER CANCELLAT
City of Lathrop
390 Towne Centre Dr
Lathrop, CA 95330
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
at
ACORD 25 (2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
71 Policy Number: BA040000040946
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Business Auto Broadening Endorsement
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY ( BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS
III. AUTOMATIC ADDITIONAL INSURED
IV. EMPLOYEE HIRED AUTO LIABILITY
V. SUPPLEMENTARY PAYMENTS
VI. FELLOW EMPLOYEE COVERAGE
VII. ADDITIONAL TRANSPORTATION EXPENSE
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
X. LOAN/EASE GAP COVERAGE
XI. GLASS REPAIR — DEDUCTIBLE WAIVER
XII. TWO OR MORE DEDUCTIBLES
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO — COVERAGE TERRITORY
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH MCA85101213- CA
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6 72 Policy Number: BA040000040946
BUSINESS AUTO COVERAGE FORM
NEWLY ACQUIRED OR FORMED ENTITY ( Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity.
Coverage under this provision is afforded only until the end of the policy period.
Coverage does not apply to an " accident" which occurred before you acquired or formed the organization.
II. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
e. Any " employee" of yours is an " insured" while using a covered " auto" you don' t own, hire or borrow in your business or your personal affairs.
III. AUTOMATIC ADDITIONAL INSURED
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the " bodily injury" or "property damage" occurs and that is in effect during the policy period is an " insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an " insured" under the Who Is An Insured provision contained in Section II.
IV. EMPLOYEE HIRED AUTO LIABILITY
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
g. An " employee" of yours is an " insured" while operating an " auto" hired or rented under a contract or agreement in that "employee' s" name, with your permission, while performing duties related to the conduct of your business.
V. SUPPLEMENTARY PAYMENTS
SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs ( 2) and (4) are replaced by the following:
2) Up to $ 3, 000 for cost of bail bonds ( including bonds for related traffic law violations) required because of an " accident" we cover. We are not obligated to furnish these bonds.
4) All reasonable expenses incurred by the " insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
MCA85101213- CA
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6 73 Policy Number: BA040000040946
VI. FELLOW EMPLOYEE COVERAGE:
SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in -force covering all of your " employees". Coverage is excess over any other collectible insurance.
VII. ADDITIONAL TRANSPORTATION EXPENSE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following:
We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered " auto" of the private passenger type. We will pay only for those covered " autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy' s expiration, when the covered " auto" is returned to use or we pay for its " loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1, 000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location.
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added:
c. If hired " autos" are covered " autos" for Liability Coverage in this policy and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any " auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit:
1) The most we will pay for " loss" to any hired " auto" is $ 50, 000 or Actual Cash Value or Cost of Repair, whichever is less
2) $ 500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to " loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered " auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance.
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3. a., is amended to add the following:
This exclusion does not apply to the accidental discharge of an airbag.
MCA85101213- CA
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 3 of 6 74 Policy Number: BA040000040946
X. LOAN/EASE GAP COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added:
4. In the event of a " total loss" to a covered " auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered " auto," less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and
b. Any:
1) Overdue lease/oan payments at the time of the " loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage.
3) Security deposits not returned by the lessor;
4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and 5) Carry- over balances from previous loans or leases.
XI. GLASS REPAIR — DEDUCTIBLE WAIVER
SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
No deductible applies to glass damage if the glass is repaired rather than replaced.
XII. TWO OR MORE DEDUCTIBLES
SECTION I II - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
If two or more " company" policies or coverage forms apply to the same accident:
1. If the applicable Business Auto deductible is the smallest, it will be waived; or
2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or
3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived.
For the purpose of this endorsement " company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies.
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an accident" applies only when the " accident" is known to:
1) You, if you are an individual;
2) A partner, if you are a partnership;
3) A member, if you are a limited liability company; or 4) An executive officer or insurance manager, if you are a corporation.
MCA85101213- CA
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6 75 Policy Number: BA040000040946
XIV. WAIVER OF SUBROGATION
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following:
5. Transfer Of Rights Of Recovery Against Others To Us
We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any " accident" or loss", provided that the " accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added:
Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery.
This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal.
XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered autos" you own:
1. Any covered " auto" you lease, hire, rent or borrow; and
2. Any covered " auto" hired or rented by your " employee" under a contract in that individual " employee' s" name, with your permission, while performing duties related to the conduct of your business.
However, any " auto" that is leased, hired, rented or borrowed with a driver is not a covered auto".
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary:
e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
1) The additional insured is a Named Insured under such other insurance; and 2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
MCA85101213- CA
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6 76 Policy Number: BA040000040946
XVIII. HIRED AUTO - COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following:
e. Anywhere in the world if:
1) A covered " auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and
2) The " insured' s" responsibility to pay damages is determined in a " suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to.
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V — DEFINITIONS, C. "Bodily Injury" is amended by adding the following:
Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease.
MCA85101213- CA
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6 77 TMGL 172 10/1
Policy Number: CS TMGL0001143- 00
Effective Date: 5/ 2/023 11: 59: 00 AM
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION
AGREEMENT WITH YOU ( PRIMARY & NONCONTRIBUTORY)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured.
A person' s or organization' sstatus as an insured under this endorsement ends when your operations for that additional insured are completed.
B. With respect to the insurance afforded these additional insureds, the following additional exclusion apply:
This insurance does not apply to:
1. "Bodily injury", "property damage", "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities.
2. "Bodily injury", "property damage" occurring after:
a. All work, including materials, parts or equipment furnished in connection with such work, on the project( otherthan service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or b. That portion of " your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; or c. "Property Damage" which manifests after expiration of the Policy.
If required by written contract or agreement, such insurance a is afforded by this policy shall be primary insurance, and any insurance or self insurance maintained by the above additional insured( s) shall be excess of the insurance afforded to the Named Insured and shall not contribute to it.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. 78 TMGL 175 01 20
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
COMPLETED OPERATIONS ( PRIMARY)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART:
Name of Additional Insured Person( s) Or Organization. Location and Description of Completed Operations:
We shall name person( s) or organization( s) as
additional insured( s) to this insurance as
required under a legally enforceable, fully
executed written contract with the Named
Insured, entered into before the claim or loss
for which this policy applies.
Any operations performed under a written
contract or agreement as described in the
schedule of Name of Additional Insured
Person( s) or Organization( s)
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II - Who Is An Insured is amended to include as an additional insured the person( s) or shown in the Schedule, but only with respect to liability for "bodily injury" or " organization( s)
property damage" caused, in
whole or in part, by " your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and including in the " products - completed operations hazard." No coverage, indemnity and/ or defense obligations shall be provided under this endorsement to any person( s) or organization( s) claiming to be additional insured( s) for claims or losses which do not arise from the Named Insured' swork or operations under a written contract and completed during the policy period.
The Named Insured' smere presence at a work site shall not be deemed sufficient cause to require coverage, indemnity and/ or defense to any person( s) or organization( s) claiming to be an additional insured under this endorsement.
There shall be no coverage, indemnity, and/ or duty to defend any person( s) or organization( s) claiming to be an additional insured under this endorsement if the claim or loss does not arise, in whole or in part, from the negligence and/ or fault of the Named Insured.
We have a
right of reimbursement for attorney' sfees and litigation expenses that can be allocated solely to claims not potentially covered.
If required by written contract or agreement, such insurance as is afforded by this policy shall be primary insurance, and any insurance or self insurance maintained by the above additional insured( s) shall be excess of the insurance afforded to the Named Insured and shall not contribute to it.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. 79 COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
1) The additional insured is a Named Insured
under such other insurance; and
2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 80 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US ( WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person( s) Or Organization( s):
Persons or organizations as required under a
legally enforceable, fully executed written contract with the named insured, entered into before the claim or loss for which this policy applies.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery against the person( s)
or organization( s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person( s) or organization( s) prior to loss. This endorsement applies only to the person( s) or
organization( s) shown in the Schedule above.
CG 24 04 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 81 POLICY NUMBER: CS TMGL0001143- 00 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED
GENERAL
CONSTRUCTION
AGGREGATE
PROJECT( S)
LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Project( s): All Projects of the Insured where required by written contract.
The General Aggregate Limited is $ 2, 000,00 per project with an absolute General Aggregate Limit of 5, 000,00 all projects for this policy.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally
obligated to pay as damages caused by
occurrences" under Section I — Coverage A, and
for all medical expenses caused by accidents
under Section I — Coverage C, which can be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:
1. A separate Designated Construction Project
General Aggregate Limit applies to each
designated construction project, and that limit
is equal to the amount of the General
Aggregate Limit shown in the Declarations.
2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under Coverage A,
except damages because of " bodily injury" or
property damage" included in the
products -completed operations hazard", and
for medical expenses under Coverage C
regardless of the number of:
a. Insureds;
b. Claims made or " suits" brought; or
c. Persons or organizations making claims or
bringing " suits".
3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated
Construction Project General Aggregate Limit
for that designated construction project. Such
payments shall not reduce the General
Aggregate Limit shown in the Declarations
nor shall they reduce any other Designated
Construction Project General Aggregate Limit
for any other designated construction project
shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.
However, instead of being subject to the
General Aggregate Limit shown in the
Declarations, such limits will be subject to the
applicable Designated Construction Project
General Aggregate Limit.
CG 25 03 05 09 Insurance Services Office, Inc., 2008 Page 1 of 2 0 82 B. For all sums which the insured becomes legally
obligated to pay as damages caused by
occurrences" under Section 1— Coverage A, and
for all medical expenses caused by accidents
under Section 1 — Coverage C, which cannot be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:
1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products -completed Operations Aggregate
Limit, whichever is applicable; and
2. Such payments shall not reduce any
Designated Construction Project General
Aggregate Limit.
C. When coverage for liability arising out of the
products -completed operations hazard" is
provided, any payments for damages because of
bodily injury" or " property damage" included in
the " products - completed operations hazard" will
reduce the Products - completed Operations
Aggregate Limit, and not reduce the General
Aggregate Limit nor the Designated Construction
Project General Aggregate Limit.
D. If the applicable designated construction project
has been abandoned, delayed, or abandoned
and then restarted, or if the authorized
contracting parties deviate from plans, blueprints,
designs, specifications or timetables, the project
will still be deemed to be the same construction
project.
E. The provisions of Section 111 — Limits Of
Insurance not otherwise modified by this
endorsement shall continue to apply as
stipulated.
83 i
7 ACCORD CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DD/ YYYY)
07/ 21/023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Brown & Brown Insurance Services of Califomia, Inc
License # 0D04053
1001 Mark Avenue, Suite 201
Carpinteria CA 93013
CONTACT
NAME: Vicky Salgado
PHONE
Est):
965- 0071 FAX, No): ( 805) 690- 3200
EMAIL
ADDRESS: Vicky. Salgado@bbrown. com
INSURER( S) AFFORDING COVERAGE NAIC #
INSURER A: State Compensation Insurance Fund of CA 35076
INSURED
ABV Scoreboard Services, Inc.
1270 Avenida Acaso, Ste. F
Camarillo CA 93012
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 23/4 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER
POLICY EFF
MM/ DD/ YYYYj
POLICY EXP
MM/ DO/ YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
DAMAGE ORENTED
CLAIMS - MADE OCCUR PREMISES ( Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GEN' L AGGREGATE LIMIT APPLIES
PROJECT
PER:
LOC
GENERAL AGGREGATE
PRODUCTS - COMP/ OAGG
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
SCHEDULED
AUTOS
NON - OWNED
AUTOS ONLY
COMBINED SINGLE LIMIT
Ea accident)
BODILY INJURY (Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE
Per accident)
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS - MADE
EACH OCCURRENCE
AGGREGATE
DED RETENTION $
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?
Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
N / A Y 93429802023 07/ 24/023 07/ 24/024
X
PER
STATUTE
OTH
ER
ELEACH ACCIDENT 1, 000.00
E. L. DISEASE - EA EMPLOYEE 1, 000,00
E. L. DISEASE - POLICY LIMIT 1, 000,00
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) Waiver of Subrogation applies to the Workers Compensation per the attached form SCIF FORM 10217 (REV. 4- 2018), as required by written contract.
CERTIFICATE HOLDER CANCELLATION
City of Lathrop
390 Towne Centre Dr.
Lathrop,
1 CA 95330
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
kwtdo —
ACORD 25 ( 2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
84 STATE
c r,M+r .J-_. r,Ttot;
1 A; U E A NCE
F Li D
HOME OFFICE
SAN FRANCISCO
ALL EFFECTIVE DATES
AT 12: 01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
ENDORSEMENT AGREEMENT
WAIVER OF SUBROGATION
BLANKET BASIS
EFFECTIVE July 24, 2023 AT 12: 01 AM.
AND EXPIRING July 24, 2024 AT 12: 01 AM
ABV SCOREBOARD SERVICES, INC.
1270 AVENIDA ACASO, STE F
CAMARILLO, CA 93012
9342980- 23
NEW
Los Angeles
8672132
WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE.
THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2. 00% OF THE TOTAL POLICY PREMIUM.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
ANY PERSON OR ORGANIZATION
FOR WHOM THE NAMED INSURED
HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS
WAIVER
BLANKET WAIVER OF SUBROGATION
NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL
BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: July 21, 2023
AUTHORIZED REPRESENTATIVE PRESIDENT AND CEO
2572
SCIF FORM 10217 ( REV. 4 - 2018) OLD DP 217
85 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 Ed. 8- 00)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).
The additional premium for this endorsement shall be 2% % of the total California Workers' Compensation premium otherwise due.
Schedule
Person or Organization Job Description
ANY PERSON OR ' CALIFORNIA
ORGANIZATION FOR OPERATIONS ONLY.
WHOM THE NAMED
INSURED IS REQUIRED
UNDER WRITTEN
CONTRACT TO FURNISH
THIS WAIVER.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07/ 24/022 Policy No. WSD 5066671 00 Insured ABV SCOREBOARD SERVICES INC
Insurance Company INSURANCE COMPANY OF THE WEST
Countersigned By
WC 99 06 34
Ed. 8- 00)
Endorsement No.
Premium $ INCL.
INSURED
86 ITEM 4. 6
CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AUTHORIZE THE CITY OF LATHROP TO ENTER INTO
A MEMORANDUM OF UNDERSTANDING WITH SAN
JOAQUIN COUNTY SHERIFF AND LOCAL LAW
ENFORCEMENT AGENCIES TO CREATE A PUBLIC
SAFETY DATA EXCHANGE CONSORTIUM FOR THE
PERIOD FEBRUARY 2024 THROUGH JANUARY 2029
RECOMMENDATION: Adopt a Resolution Authorizing the City of Lathrop to Enter Into a Memorandum of Understanding with
San Joaquin County Sheriff and Local Law
Enforcement Agencies to Create a Public Safety
Data Exchange Consortium for the Period February
2024 through January 2029
SUMMARY:
The Accurint Virtual Crime Center ( AVCC) is a LexisNexis information -sharing platform that provides law enforcement agencies the ability to share law enforcement data to enhance public safety efforts. AVCC allows investigators from member agencies access to various computer aided dispatch, records management systems, and jail booking data from participating law enforcement agencies, as well as offers extensive public records searches. Additionally, AVCC allows member agencies the ability to generate custom reports and community crime mapping to share information with the public in a safe and useful manner. Access to AVCC data serves as a valuable tool to assist investigators from member agencies with locating potential suspects, ascertain criminal history, determine criminal threats, and obtain offender data as the information provided extends beyond internal records and basic public records searches. The San Joaquin County Sheriff' s Office has utilized AVCC program since 2021, and they are proposing to create an AVCC Consortium with local law enforcement agencies to enhance public safety efforts in communities throughout San Joaquin County.
Participation in the Consortium has been extended to all cities within the County and the San Joaquin County District Attorney. The majority of the cities have expressed initial interest to participate in the consortium pending execution of the final agreements. The total cost for Lathrop to participate is approximately 21,71. The cost may fluctuate slightly based on number of licenses for sworn officers using the crime center software. The City' sISD Director and Police Chief have vetted the use and security of the proposed crime center software, and are requesting City Council approve the proposed Memorandum of Understanding Attached B. 3) with the San Joaquin County Sheriff and local law enforcement agencies to create a public safety data exchange Consortium, for a period of five 5) years.
87 CITY MANAGER' SREPORT Page 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
APPROVAL OF THE ACCURINT VIRTUAL CRIME CENTER SERVICES
MEMORANDUM OF UNDERSTANDING
REASON FOR RECOMMENDATION:
The AVCC information - sharing platform will provide sworn officers of the Lathrop Police Department the ability to share law enforcement data in order to enhance public safety efforts. Lathrop sworn officers will be able to access various computer aided dispatch data, records management systems, and jail booking data from other participating law enforcement agencies, as well as access to extensive public records searches.
FISCAL IMPACT:
The cost for the AVCC Consortium over five years is $ 517, 096. The cost for Year 1 is $ 120, 00, and it will be partially funded from the San Joaquin County Sheriff' s budget, with 2021 State Homeland Security Grant funds.
Years 2-5 will be paid by the participating agencies based on a prorated share, determined by the percentage of the agency' snumber of allocated full- time sworn personnel in the Consortium. The Lathrop' s
Police Department prorated portion for
Years 2- 5 is estimated to be between $ 5, 100 to 5, 600 per year, or approximately 21,71 total for the length of the MOU Agreement. Staff is proposing to use existing funds currently allocated in the Lathrop Police Department' sFY 2023-024 budget.
ATTACHMENTS:
A. Resolution Authorizing a Memorandum of Understanding with San Joaquin County Sheriff and Local Law Enforcement Agencies To Create a Public Safety Data Exchange Consortium for the Period February 2024 Through January 2029
B. San Joaquin County Board Packet presented January 9, 2024, which includes:
1. Board Report from San Joaquin Sheriff
2. Board Resolution
3. Draft Memorandum of Understanding with Member Agencies 88 89
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH SAN JOAQUIN
COUNTY SHERIFF AND LOCAL LAW ENFORCEMENT AGENCIES TO CREATE A
PUBLIC SAFETY DATA EXCHANGE CONSORTIUM FOR THE PERIOD
FEBRUARY 2024 THROUGH JANUARY 2029
WHEREAS, Accurint Virtual Crime Center ( AVCC) is a LexisNexis information - sharing platform that provides law enforcement agencies the ability to share law enforcement data to enhance public safety efforts; and WHEREAS, the San Joaquin County Sheriff' s Office has utilized AVCC program since 2021, and they are proposing to create an AVCC Consortium with local law enforcement agencies to enhance public safety efforts in communities throughout San Joaquin County; and
WHEREAS, participation in the Consortium has been extended to all cities within the County and the San Joaquin County District Attorney, and the majority of the cities have expressed initial interest to participate in the consortium pending execution of the final agreements;
WHEREAS, the total cost for Lathrop to participate is approximately 21,71, however, this cost may fluctuate slightly based on number of licenses for sworn officers using the crime center software; and
WHEREAS, the City' sISD Director and Police Chief have vetted the use and security of the proposed crime center software, and are requesting City Council approval to enter into a Memorandum of Understanding with the San Joaquin County Sheriff and local law enforcement agencies to create a public safety data exchange Consortium, for a period of five ( 5) years; and WHEREAS, the cost for the AVCC Consortium over five years is $ 517, 096, the cost for Year 1 is $ 120, 00, and it will be partially funded from the San Joaquin County Sheriff' sbudget with 2021 State Homeland Security Grant funds; and WHEREAS, years 2-5 will be paid by the participating agencies based on a prorated share, determined by the percentage of the agency' s number of allocated full- time sworn personnel in the Consortium; and
WHEREAS, the Lathrop' s
Police Department prorated portion for Years 2- 5
is estimated to be between $ 5, 100 to 5, 600 per year, or approximately $ 21,71 total for the length of the MOU Agreement, staff is proposing to use existing funds currently allocated in the Lathrop Police Department' sFY 2023-024 budget. 90 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby authorize the City Manager to sign the proposed Memorandum of Understanding with San Joaquin County Sheriff and Local Law Enforcement Agencies to Create a Public Safety Data Exchange Consortium for the Period February 2024 through January 2029, in substantially the form attached as Attachment B. 3.
The foregoing resolution was passed and adopted this 12th day of February 2024, 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 91 Patrick Withrow
Sheriff
Public Adrrinistrator
Board of Supervisors
County of San Joaquin
44 N. San Joaquin St., Suite 627
Stockton, California 95202
Dear Board Members:
OFFICE OF
SHERIFF
Attachment B
COUNTY OF SAN JOAQUIN
7000 Michael N Canks Blvd
French Camp, California 95231.781
December 21, 2023
APPROVE A FIVE- YEAR AGREEMENT TOTALING $ 517, 096 WITH
LEXISNEXIS FOR ACCURINT VIRTUAL CRIME CENTER SERVICES AND
AUTHORIZE THE SHERIFF TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH SAN JOAQUIN COUNTY LOCAL LAW
ENFORCEMENT AGENCIES TO CREATE A PUBLIC SAFETY DATA
EXCHANGE CONSORTIUM FOR THE
PERIOD FEBRUARY 1, 2024 THROUGH JANUARY 31, 2029
RECOMMENDATION
It is recommended that the Board of Supervisors authorize:
1. The Director of Purchasing to enter into a 5 -year agreement totaling $ 517, 096 with LexisNexis for Accurint Virtual Crime Center services for the period February 1, 2024 through January 31, 2029; and
2. The Sheriff to enter into a Memorandum of Understanding with San Joaquin County law enforcement agencies to create a San Joaquin County public safety data exchange consortium.
REASON FOR RECOMMENDATION
Accurint Virtual Crime Center ( AVCC) is a LexisNexis information sharing platform that provides law enforcement agencies the ability to share law enforcement data to enhance public safety efforts.
AVCC allows investigators access to various computer aided dispatch, records management system, and jail booking data from participating law enforcement agencies, as well as offers extensive public records searches.
Packet Pg. 930
92 4. 29
Board of Supervisors
RE: SO - AVCC Consortium
December 21, 2023
Additionally, AVCC allows agencies the ability to generate custom reports and community crime mapping to share information with the public in a safe and meaningful way. Access to AVCC data serves as a valuable tool to assist investigators with locating individuals, ascertain criminal history, determine criminal threats, and obtain offender data as the information provided extends beyond internal records and basic public records searches.
The Sheriff' s Office has utilized AVCC since 2021 and proposes to create an AVCC Consortium with local law enforcement agencies to enhance public safety efforts in communities throughout San Joaquin County. Participation in the Consortium has been extended to the cities within the County and the San Joaquin County District Attorney. The majority of the cities have expressed initial interest to participate in the consortium pending execution of the final agreements.
FISCAL IMPACT
The cost for an AVCC Consortium over five years is $ 517, 096. Year one costs of $ 120, 00 will be partially funded with 2021 State Homeland Security Grant funds of $ 113, 240 budgeted in the Office of Emergency Services Homeland Security budget (# 2026000150) and the remaining balance of 6, 760 in the Sheriff' sInformation Systems budget (# 2021649000). Years 2- 5 will be paid by participating agencies based on a prorated share, determined by the percentage of the agency' s number of allocated full- time sworn personnel in the Consortium. The Sheriffs Office prorated portion for years 2- 5 is estimated to be between $ 40, 000 and $ 50, 000.
Appropriations, offsetting revenues, and cost reimbursements for years 2- 5 will be budgeted in the Sheriff' sInformation Systems budget (# 2021649000) for fiscal years 2024-025 through 2027-028.
ACTION TO BE TAKEN FOLLOWING APPROVAL
The Sheriff' sOffice will work with the Purchasing Department to execute the agreement and participating agencies to execute the MOU.
Sincerely,
4,0;)
PATRICK WITHROW
Sheriff -Public Administrator
Packet Pg. 931
93 4. 29
Board of Supervisors
RE: SO - AVCC Consortium
December 21, 2023
c: County Administrator
County Counsel
Board Clerk for Agenda 01-9- 2024
Reviewed by County Administrator' sOffice: Reviewed by County Counsel' sOffice:
A4n 1 atef 12? 26,023 Richar+ ell) 1-' 26:023
Packet Pg. 932
94 4. 29. a
Before the Board of Supervisors
County of San Joaquin, State of California
B -
APPROVE A FIVE- YEAR AGREEMENT TOTALING $ 517, 096 WITH LEXISNEXIS
FOR ACCURINT VIRTUAL CRIME CENTER SERVICES AND AUTHORIZE THE
SHERIFF TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH SAN
JOAQUIN COUNTY LOCAL LAW ENFORCEMENT AGENCIES TO CREATE A PUBLIC
SAFETY DATA EXCHANGE CONSORTIUM FOR THE PERIOD
FEBRUARY 1, 2024 THROUGH JANUARY 31, 2029
THIS BOARD OF SUPERVISORS DOES HEREBY authorize the Director of Purchasing to enter into a 5 -year agreement totaling $ 517, 096 with LexisNexis for Accurint Virtual Crime Center for the period February 1, 2024 through January 31, 2029; and FURTHER, authorizes the Sheriff to enter into a Memorandum of Understanding with San Joaquin County law enforcement agencies to create a San Joaquin County public safety data exchange consortium.
I HEREBY CERTIFY that the above order was passed and adopted on by the following vote of the Board of Supervisors, to wit:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: RACHEL DeBORD
Clerk of the Board of Supervisors
County of San Joaquin
State of California
By:
Deputy Clerk
Attachment:
Board
Order (
SO -
AVCC Consortium)
Board Order Template Revised 12/ 2020
Packet Pg. 933
95 4. 29. b
SAN JOAQUIN COUNTY DATA SHARING INITIATIVE
MEMORANDUM OF UNDERSTANDING
ACCURINT VIRTUAL CRIME CENTER
Administrative and Financial Sharing Agreement
This Memorandum of Understanding ( MOU) is entered into by and between San Joaquin County Sheriff -Public Administrator ( Lead Agency) and [ insert legal name of Agency] (Participating Agency / Associate Member) (each a Party, and together with additional Participating Agencies and Associate Members, the Parties).
WHEREAS, [ Participating Agency] desires to collaborate on data sharing, as part of the San Joaquin County Data Sharing Initiative ( Initiative), to improve the effectiveness of the San Joaquin County criminal justice system, and
WHEREAS, the Lead Agency and local San Joaquin County Law Enforcement Chiefs ( Chiefs Counsil) finds that Lexis Nexis Risk Solutions ( LexisNexis) Accurint Virtual Crime Center ( AVCC) is a sustainable data sharing solution that best meets the needs of San Joaquin County and permits effective data sharing between all San Joaquin County related law and justice agencies and other AVCC nodes throughout the United States, and
WHEREAS, this MOU outlines Initiative expectations, formalizes relationships between Parties, and outlines the commitments necessary for the successful continuance of the Initiative. Upon execution of this MOU, the Parties agree to adhere to the following:
I. PURPOSE
The purpose of this MOU is to provide Parties access to LexisNexis AVCC software for the purpose of data sharing to gain awareness with respect to the communities for which they serve, to facilitate departmental investigations, to enhance interagency cooperation through multijurisdictional investigations, and to establish a means for long- term governance of the Initiative to ensure sustainability and obtain AVCC funding, and to amend this MOU, as necessary, to more fully integrate the automation and processes that serve the San Joaquin County criminal justice system.
II. INITIATIVE COMPOSITION
The Initiative shall be composed of the following members:
Lead Agency — An agency which serves as the central point of contact for all Parties and is assigned to organize the interagency oversight and implementation of AVCC.
Participating Agency — An agency that agrees to contribute law enforcement data such as, but not limited to, Records Management System ( RMS), Computer Aided Dispatch ( CAD), and/ or Jail Management System ( JMS) data with Initiative Parties.
Attachment:
SJC
Data
Sharing
MOU (
SO -
AVCC Consortium)
Packet Pg. 934
96 4. 29. b
Associate Member — An agency that shall be limited to " read- only" AVCC access and does not contribute CAD/ RMS/ JS data with Initiative Parties.
The Chiefs Counsil may approve a Participating Agency and/ or Associate Member upon a twothirds majority vote and shall assess charges for accessing AVCC as stated in Section IV — Financial Implications.
III. AVCC IMPLEMENTATION
AVCC shall be implemented by LexisNexis project management personnel, in coordination with the Lead Agency, through the AVCC Implementation Team consisting of, at minimum, one ( 1) sworn law enforcement officer and one ( 1) technology specialist from each Participating Agency.
LexisNexis shall be authorized to form working groups of personnel from any Participating Agency and LexisNexis, as necessary, to integrate automation systems of Initiative members.
Parties shall agree that personnel assigned to working groups shall participate as required to achieve the Initiative' sgoals.
All Participating Agencies and Associate Members shall be responsible for executing the LexisNexis Consortium Sub -Agency Addendum in order to participate and gain access to AVCC.
IV. FINANCIAL IMPLICATIONS
The first year of AVCC subscription fees will be covered by Homeland Security Grant ( HSGP) funding. Participating agencies shall agree to provide funding for years two ( 2) through ( 5), in assessed amounts based on the number of sworn personnel, of AVCC annual subscription and maintenance fees. AVCC maintenance fees are anticipated to increase three percent ( 3%) each year.
Parties' assessments shall be reevaluated annually or when there is a change in Initiative membership, using the number of full- time equivalent sworn personnel. Any disputes regarding sworn officer data or other assessment criteria shall be determined by a two-hirds majority vote of the Chiefs Counsil.
Each Party shall assume all personnel costs for its personnel and/ or officers (Authorized Users) assigned to the Initiative, including salaries, benefits, and overtime. All payments made by any Lead Agency, Participating Agency, and/ orAssociate Member pursuant to this MOU are nonrefundable.
V. POLICY AND DIRECTION
The policies and management of the Initiative shall be consistent with this MOU and shall be at the direction of the Chiefs Counsil.
VI. INITIATIVE ADMINISTRATION
Project Management — The Lead Agency and shall provide administrative assistance to Parties to assist with Initiative implementation.
Attachment:
SJC
Data
Sharing
MOU (
SO -
AVCC Consortium)
Packet Pg. 935
97 4. 29. b
Administrative Support — Parties shall provide any administrative assistance to the Initiative as required.
Tracking and Resolving of Initiative Implementation Issues — Lead Agency shall track and address all issues affecting Initiative implementation and shall be assisted by the AVCC Implementation Team, as needed; issues shall not be directly related to conflict resolution.
Records and Reports — Lead Agency shall maintain all records associated with AVCC Implementation. Lead Agency shall also maintain records regarding Participating Agency and/ or Associate Member financial contributions and grant funding.
Conflict Resolution — Any conflict resolution during the term of the MOU shall be managed by the Chief' sCounsil.
Media Relations — Participating agencies may release information to the press or make social media posts consistent with the participating agency' s media related press policy. Participating agencies releasing information directly associated with or gained from AVCC in which the participating agency does not have jurisdiction, shall consult with the agency with jurisdiction over the investigation or matter prior to release.
The Lead Agency may release information related to the overall use, functionality, and purpose of AVCC.
VII. RESTRICTIONS ON USE
Parties shall limit AVCC access to Authorized Users assigned to gather data solely for the purpose of this MOU as stated in Section I. — Purpose. Parties shall not, and will not, permit access to AVCC by third -parties, or any personnel not deemed as Authorized Users.
VIII. DATA ACCESS AND SECURITY
Data Access — Parties shall comply with the Federal Bureau of Investigation' s (FBI) Criminal Justice Information Service ( CJIS) Security Policy Requirements and be aware of any CJIS addendums. Parties' Authorized Users shall be provided query capabilities through their agency' sinternet service. The information residing in the data repositories shall generally be available. Participating Agencies shall inform the Lead Agency in advance whenever possible, of scheduled downtime of specific data feeds, system outages, or significant upgrades.
Data Sharing — Parties shall collectively share data to AVCC with comprehensive, timely, and accurate information about suspects or offenders including, but not limited to, identity, prior agency contacts, citations, arrests, and investigations.
Security — Parties shall maintain and enforce security requirements for personnel accessing AVCC. Each Party shall be responsible for maintaining internal security of their agency' srecords and any technical support necessary to ensure proper security.
Attachment:
SJC
Data
Sharing
MOU (
SO -
AVCC Consortium)
Packet Pg. 936
98 4. 29. b
IX. NETWORK EQUIPMENT AND MAINTENANCE
Parties shall provide all network equipment necessary to connect to AVCC. Parties shall perform routine maintenance on any intermediary server that their agency may require including, but not limited to, routine operating system upgrades and troubleshooting at the request of LexisNexis. All network equipment and system maintenance required by a Party shall be completed at the sole expense of the Party and shall in no way be construed as a financial obligation by other Parties.
X. AUTHORIZED USER TRAINING
Parties shall ensure Authorized Users receive requisite training, either virtually or in -person, as provided by LexisNexis personnel.
XI. TERM AND TERMINATION
This MOU shall be effective upon the date of full execution by all Parties and shall continue up to and including [ insert date], with the option to extend the MOU up to five (5) one- year periods upon written agreement between the Lead Agency and LexisNexis. Participating Agency Parties may withdraw their participation from the Initiative upon a 30 -day advance written notification to the Lead Agency and the Chiefs Counsil. A Party' swithdrawal from the Initiative shall not negate the remaining Parties' participation and agreement under the existing MOU.
The Lead Agency shall facilitate any and all documentation to properly withdraw the Party from the Initiative on behalf of the Chiefs Counsil.
XII. MOU AMENDMENTS
Parties agree any alterations, variations, modifications, termination, or waivers of the provisions of this MOU, shall be valid only when reduced to writing, approved by a two-hirds majority vote of the Chiefs Counsil, executed and attached to the original MOU and approved by the person( s) authorized to do so on behalf of the Parties. Any amendments to this MOU shall be facilitated by the Lead Agency and no amendments shall be deemed valid unless signed by the Sheriff -Public Administrator through the delegation of authority assigned via the County Board of Supervisors.
XIII. INTERAGENCY AGREEMENTS
The Lead Agency shall be authorized by the Chiefs Counsil to enter into Interagency Agreements with AVCC nodes for the purpose of data sharing and access. The Lead Agency shall obtain approval for the Interagency Agreements from the Association and the San Joaquin County Board of Supervisors before entering into such Interagency Agreements.
XIV. INDEMNIFICATION
Each Party agrees to indemnify , defend ( with counsel reasonably approved by the other party) and hold harmless any other Party, its authorized officers, employees, agents and volunteers from
conduct
any
related
and all
to
claims,
this MOU
actions,
from
losses, damages, and/ or liability arising out of the indemnitor' s any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the indemnified party on account of Attachment:
SJC
Data
Sharing
MOU (
SO -
AVCC Consortium)
Packet Pg. 937
99 4. 29. b
any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees.
XV. LIMITATION OF LIABILITY
The provisions contained herein include any violation of applicable law, ordinance, regulation, or rule, including where the claim, loss, damage, charge, or expense was caused by deliberate, willful, or criminal acts of any Party, or any of its agents, officers, or employees in its, or their, performance hereunder.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Agencies who are parties to this agreement pursuant to Government Code section 895. 6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead, pursuant to Government Code section 895. 4, each Party hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents harmless from any claim, expense or cost, and damage or liability imposed for injury ( as defined by Government Code section 810.) occurring by reason of the negligent acts, omissions, or willful misconduct of the indemnifying party, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other Parties hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work, authority, or justification delegated to such other Parties under this Agreement.
Parties shall establish procedures to notify other Parties where appropriate of any claims, administrative actions, or legal actions concerning any of the matters described in this indemnification provision. Parties shall cooperate in defense of such actions brought by others concerning the matters covered in this MOU. Nothing set forth in this MOU shall establish a standard of care for, or create any legal rights in, any person not a party to this MOU.
XVI. CHOICE OF LAW
This MOU shall be governed by and construed according to the laws of the State of California.
XVII. VENUE
The Parties acknowledge and agree that this MOU was entered into and intended to be performed in San Joaquin County, California. The Parties agree that the venue of any action or claim brought by any party to the MOU will be the Superior Court of California, San Joaquin County. Each Party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue.
XVIII. LEGALITY AND SEVERABILITY
The Parties' actions under this MOU shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this MOU are specifically made Attachment:
SJC
Data
Sharing
MOU (
SO -
AVCC Consortium)
Packet Pg. 938
100
4. 29. b
severable. If a provision of this MOU is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
XIX. AMBIGUITY
Each Party has carefully reviewed, and agreed to, the provisions of this MOU. No ambiguity shall be presumed to be construed against any other Party.
XX. INSURANCE
Each Party is either an insured, or authorized self -insured, public entity for purposes of Professional Liability, General Liability, Automobile Liability, Worker' sCompensation and Property Damage and warrants that through their respective programs of insurance or selfinsurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions, or obligations of this MOU.
XXI. ENTIRE AGREEMENT
This MOU, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the Parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of the MOU not expressly set forth herein are of no force or effect. This MOU is executed without reliance upon any promise, warranty or representation by any Party or any representative of any Party other than those expressly contained herein. Each Party has carefully read the MOU and signs the same of its own free will.
XXII. ELECTRONIC SIGNATURES
This MOU may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same MOU. The Parties shall be entitled to sign and transmit an electronic signature of this MOU whether by facsimile, PDF or other mail transmission), which signature shall be binding on the Party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed MOU upon request.
IN WITNESS WHEREOF, San Joaquin County Sheriff -Public Administrator and the [Participating Agency/ Associate Member] have each caused the MOU to be subscribed by its respective duly authorized officers, on its behalf.
IN WITNESS WHEREOF, San Joaquin County Sheriff -Public Administrator and the [ Participating Agency] have each caused the MOU to be subscribed by its respective duly authorized officers, on its behalf.
Attachment:
SJC
Data
Sharing
MOU (
SO -
AVCC
Consortium)
Packet Pg. 939
101
4. 29. b
San Joaquin County
County Counsel
Richard Sordello
Participating Agency
City Attorney
Date NAME Date
Sheriff- Public Administrator Agency Chief
Patrick Withrow Date Agency Chief Name Date
Attachment:
SJC
Data
Sharing
MOU (
SO -
AVCC Consortium)
Packet Pg. 940
102
CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
ITEM 4. 7
APPROVE A PROFESSIONAL SERVICES AGREEMENT
WITH PFM ASSET MANAGEMENT LLC FOR
INVESTMENT ADVISORY SERVICES
RECOMMENDATION: Adopt Resolution to Approve a Professional Services Agreement with PFM Asset Management LLC for
Investment Advisory Services for a Term of Two ( 2)
Years with an Option to Renew Two ( 2) Additional
One -Year Periods
SUMMARY:
The City of Lathrop has received Investment Advisory Services from PFM Asset Management LLC ( PFMAM) since 1994. PFMAM provides Investment Advisory Services that align with the City' s investment objectives of the governing body ( in order of priority) which include: Safety - Preservation of the principal of invested funds, Liquidity - Ability to liquidate one or more of the City' s investments if unexpected expenditures arise, and Return - Attainment of a market rate of return.
In the last Quarterly Treasurer Report presented to Council on January 8, 2024, the City' s pooled assets totaled $ 288 million through the Quarter that ended on September 30, 2023.
Since late 2021, market conditions have drastically improved for safe investments targeted by the City' sinvestment policy. In an effort to capitalize on changing market conditions, the City has directed additional assets to its PFM Asset Management account. With the increase in the assets under management, the managing fees have reached an amount that exceeds the City Manager' ssigning authority. Staff is recommending council adopt a resolution approving a professional services agreement with PFM Asset Management LLC for Investment Advisory Services for a term of two ( 2) years with an option to renew two ( 2) additional one- year periods.
The City has continually relied upon PFMAM to manage the City' s portfolio over the years with assets under management now totaling more than $ 150 million. In the last year, the City has earned an estimated $ 1. 6 million in interest from its PFMAM investments. With the additional assets under management the return is expected to increase from favorable market conditions paired with the increase in invested City assets.
BACKGROUND:
PFM Asset Management, LLC ( PFMAM) manages over $ 166. 3billion for public entities nationwide and has a strong history of providing professionals dedicated to actively managing and supporting the administration of fixed -income operating funds, capital funds and reserves, and bond proceeds. PFMAM takes a client -first approach to 103
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH PFM ASSET
MANAGEMENT LLC FOR INVESTMENT ADVISORY SERVICES
understand the specific challenges the City faces today so that they can build solutions that last into the future.
PFMAM is nationally recognized as one of the leading investment advisory agency, specializing in providing services to the public sector. Some of the services PFM provides are:
Annual review of the City' s Investment Policy
Cash flow analysis to determine current and future liquidity needs Develop and implement investment strategy and benchmarks PFMAM has helped the City implement safe investment programs that optimized investment returns, provide liquidity, and complies with the requirements of the California Government Code and the City' s Investment Policy. Since 2015, the City has earned $ 4. 8 million in interest, $1. 6 million coming in the last year.
As of January 31, 2024, the City' s portfolio with PFMAM has reached more than $ 150 million. Since late 2021, market conditions have drastically improved for safe investments targeted by the City' s investment policy. In an effort to capitalize on changing market conditions the City has directed additional assets to its PFM Asset Management account. With the increase in the assets under management, the managing fees have reached an amount that exceeds the City Manager' ssigning authority. Staff is recommending council adopt a resolution approving a professional services agreement with PFM Asset Management LLC for Investment Advisory Services.
REASON FOR RECOMMENDATION:
The City' scurrent investment policy provides the Finance Department with direction as to the investment objectives of the City Council: 1) Safety, 2) Liquidity, and 3) Yield/ Return. It also establishes standards by Council concerning the prudent care of City invested funds, the ethics of the investment officer, and internal controls/ reporting procedures. PFMAM' sfocus is solely on institutional clients, including cities, counties, school districts, pension funds, utilities, insurance pools, higher education, and healthcare institutions.
PMFAM assists the City with implementation of safe investment programs that optimize investment returns, provide liquidity and complies with the requirements of the California Government Code and the City' s Investment Policy. Staff is recommending council adopt a resolution approving a professional services agreement with PFM Asset Management LLC for Investment Advisory Services for a term of two ( 2) years with an option to renew two ( 2) additional one- year periods. 104
CITY MANAGER' SREPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH PFM ASSET
MANAGEMENT LLC FOR INVESTMENT ADVISORY SERVICES
FISCAL IMPACTS:
PFMAM' sfees are asset -based with a minimum annual fee of $40, 000. Table 1 below is the City' scurrent fee schedule. PFMAM is not proposing any changes to the current schedule.
Table 1:
Assets Under Management Annual Fee Rate
0 to $ 50 million 9 basis points ( 0.9%)
Next $ 50 million 7 basis points ( 0.7%)
Assets greater than $ 100 million 6 basis points ( 0.6%) With the City' scurrent assets under management of $ 159 million, the annual fee is estimated to be $ 115, 400. Fees are charged monthly in arrears based on the daily net assets under management on an amortized cost basis, including accrued interest, for the month. The fees are subject to change as the assets under management increases or decreases.
ATTACHMENTS:
A. Resolution to Approve a Professional Services Agreement with PFM Asset Management LLC for Investment Advisory Services
B. PFM Asset Management LLC Professional Services Agreement 105
CITY MANAGER' S REPORT PAGE 4
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH PFM ASSET
MANAGEMENT LLC FOR INVESTMENT ADVISORY SERVICES
APPROVALS:
Cari Jame
Director of i . nce
Thomas
r"-- rc' t __ Hedegard
Deputy City Manager
Salvador Navarrete
City Attorney
Step h n J. Salvatore
City Manager
Date
Date
i / 30/ 202g
1., / - 1-o L (i
Date
2fG11L4
Date
106
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH PFM
ASSET MANAGEMENT LLC FOR INVESTMENT ADVISORY SERVICES
WHEREAS, the City of Lathrop has received Investment Advisory Services from PFM Asset Management LLC ( PFMAM) since 1994; and WHEREAS, PMFAM assists the City with implementation of safe investment programs that optimize investment returns, provide liquidity and complies with the requirements of the California Government Code and the City' s Investment Policy; and
WHEREAS, the City' s current investment policy provides the Finance Department with direction as to the investment objectives of the City Council in order of priority):
1. Safety - Preservation of the principal of invested funds
2. Liquidity - Ability to liquidate one or more of the City' s investments if unexpected expenditures arise
3. Yield/ Return - Attainment of a market rate of return; and WHEREAS, the City has continually relied upon PFMAM to manage the City' s portfolio over the years with assets under management now totaling more than $ 150 million; and
WHEREAS, with the City' s current assets under management of $ 159 million, the annual fee is estimated to be $ 115, 400; and WHEREAS, PFMAM' sfees are asset - based with a minimum annual fee of $ 40, 000. Table 1 below is the City' s current fee schedule and fees are charged monthly in arrears based on the daily net assets under management on an amortized cost basis, including accrued interest, for the month; Table 1:
Assets Under Management Annual Fee Rate
0 to $50 million 9 basis points ( 0.9%)
Next $ 50 million 7 basis points ( 0.7%)
Assets greater than $ 100 million 6 basis points ( 0.6%) Resolution No. 24 - Page 1 of 2
107
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, does hereby approve a Professional Services Agreement with PFM Asset Management LLC for Investment Advisory Services.
The foregoing resolution was passed and adopted this 12th day of February, 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 24- Page 2 of 2
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DocuSign Envelope ID: 9A95A35D- OBE8- 432B- A936- 42737DCA2174 ATTACHMENT "B"
AGREEMENT FOR INVESTMENT ADVISORY SERVICES BETWEEN
THE CITY OF LATHROP AND PFM ASSET MANAGEMENT, LLC
THIS AGREEMENT, dated for convenience this 12th day of February 2024, is by and between PFM ASSET MANAGEMENT, LLC (" ADVISOR") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, ADVISOR is specially trained, experienced, and competent to perform investment advisory services, which are required by this Agreement; and WHEREAS, CITY selected the ADVISOR pursuant to said qualifications; and WHEREAS, ADVISOR is willing to render such investment advisory services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, ADVISOR and the CITY agree as follows:
AGREEMENT
1) Scope of Service.
ADVISOR agrees to perform investment advisory services in accordance with the scope of work and fee proposal provided by ADVISOR, attached hereto as Exhibit A" and incorporated herein by reference. ADVISOR agrees to diligently perform these services in accordance with the upmost standards of the industry. a) Additional Work. If changes in the work seem merited by ADVISOR or the CITY, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: ADVISOR shall forward a letter outlining the changes to the CITY with a statement of estimated changes in fee or time schedule.
An amendment to this Agreement shall be prepared by the CITY and executed by both Parties before performance of such services, or the CITY will not be required to pay for the changes in the scope of work.
Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
2) Compensation.
Subject to Section 14 below, CITY hereby agrees to pay ADVISOR an annual fee, in monthly installments, based on the daily net assets under management as set forth in Exhibit " A" for investment advisory services and incorporated herein by
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reference. "Daily net assets" is defined to include the amortized value of securities, accrued interest and the market value of cash or any money market fund balance.
ADVISOR shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Section 5 below. In no event shall ADVISOR 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 this Agreement is February 12, 2024, and it shall terminate no later than June 30, 2025 ( which includes fiscal years ending June 30, 2024 and 2025), provided that the CITY may renew this agreement for an additional two ( 2) fiscal year periods, commencing on July 1 of 2025 and 2026. Each such renewal shall be automatic unless ADVISOR is given thirty ( 30) days written notice of CITY' s intention not to renew this agreement.
4) Independent Contractor Status.
It is expressly understood and agreed by both parties that ADVISOR, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, ADVISOR is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City' s satisfaction. ADVISOR expressly warrants not to represent, at any time or in any manner, that ADVISOR is an employee of the CITY.
5) Billings.
Except as specifically authorized by CITY, ADVISOR shall not bill CITY for duplicate services performed by more than one person. In no event shall ADVISOR submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in Section 2 for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting.
ADVISOR shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
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7) Assignment of Personnel.
ADVISOR shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks ADVISOR to remove a person assigned to the work called for under this Agreement, ADVISOR agrees to do so promptly, without requiring the CITY to process a reason or explanation for its request. 8) Assignment and Subcontracting.
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of ADVISOR. Neither this Agreement nor any interest therein may be assigned by ADVISOR without the prior written approval of CITY' Sauthorized representative except if the rights and obligations of the Advisor are assigned to the Advisor' s
parent company, U. S. Bancorp Asset Management, Inc., or any other U. S. Bancorp affiliated registered investment adviser, provided, however, that the CITY be provided seven ( 7) days' prior written notice of such assignment.
ADVISOR shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' Sauthorized representative. 9) Insurance.
On or before beginning any of the services or work called for by any term of this Agreement, ADVISOR, 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. ADVISOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the ADVISOR 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. ADVISOR shall, at ADVISOR' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by ADVISOR. Said Statutory Workers' Compensation Insurance and Employer' sLiability Insurance shall be provided with limits of not less than one million dollars. In the alternative, ADVISOR 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 ADVISOR, if a program of self- insurance is provided, shall waive all rights of subrogation
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against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. ADVISOR, at ADVISOR' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of ADVISOR, including the insured' s
general supervision of
ADVISOR; products and completed operations of ADVISOR;
premises owned, occupied or used by ADVISOR. 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 ADVISOR to comply with reporting provisions of
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the policy shall not affect indemnification provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A-: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liability. ADVISOR, at ADVISOR' Sown cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for professionals performing work pursuant to this Agreement in an amount not less than One Million Dollars ($ 1, 000,00) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
1) Any deductible or self -insured retention shall be the sole responsibility of the ADVISOR.
ii) Notice of cancellation or non -renewal must be received by the CITY at least thirty days prior to such change.
iii) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be before the date of the Agreement.
2. Insurance must be maintained and evidence of
insurance must be provided for at least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a
retroactive date that precedes the date of this
Agreement, ADVISOR must provide extended
reporting coverage for a minimum of five years after
completion of the Agreement or the work. The CITY
shall have the right to exercise at the ADVISOR' Scost, any extended reporting provisions of the policy should
the ADVISOR cancel or not renew the coverage.
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d) Deductibles and Self -Insured Retentions. Self -insured retentions and deductibles are the sole responsibility of the ADVISOR. e) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or ( c) of this section of the Agreement is cancelled and non -renewed, ADVISOR shall provide written notice to CITY at ADVISOR' Searliest possible opportunity and in no case later than five days after ADVISOR is notified of the change in coverage.
In addition to any other remedies CITY may have if ADVISOR 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) Order ADVISOR to stop work under this Agreement or
withhold any payment which becomes due to ADVISOR
hereunder, or both stop work and withhold any payment, until ADVISOR demonstrates compliance with the requirements
hereof;
ii) 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 ADVISOR' Sbreach.
10) Indemnification - ADVISOR' SResponsibility.
As to the ADVISOR' S work hereunder, it is understood and agreed that ( a) ADVISOR has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of ADVISOR to perform the work in a skillful and professional manner, and ( c) ADVISOR thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said ADVISOR from such professional responsibility for the work performed. It is further understood and agreed that ADVISOR is apprised of the scope of the work to be performed under this Agreement and ADVISOR agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to ADVISOR' Sprofession.
ADVISOR shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
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injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of ADVISOR, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of ADVISOR to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve ADVISOR from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
CITY shall indemnify, defend, and hold ADVISOR, its officers, employees and agents harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CITY, its employees, subcontractors, or agents, or volunteers in connection with this Agreement, except for any such claim arising out of the negligence or willful misconduct of the ADVISOR, its officers, employees or agents. It is understood that the duty of CITY to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. 11) Licenses.
If a license of any kind, which term is intended to include evidence of registration, is required of ADVISOR, its employees, agents, or subcontractors by federal or state law, ADVISOR warrants that such license has been obtained, is valid and in good standing, and ADVISOR shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses.
ADVISOR shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination.
Either CITY or ADVISOR may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the ADVISOR shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation
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upon ADVISOR' S
delivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to ADVISOR or prepared by or for ADVISOR or the CITY in connection with this Agreement.
14) Funding.
ADVISOR agrees and understands that funding of this agreement beyond the current fiscal year is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. CITY agrees to provide ADVISOR with prompt written notice of any event of nonappropiation.
15) Notices.
All contracts, appointments, approvals, authorizations, claims, demands, change orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, (2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone fax number set forth below during regular business hours of the receiving party and followed with two 2) days by delivery of a hard copy of the material sent by facsimile transmission.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To CITY:
City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
To ADVISOR:
PFM Asset Management LLC
1 California Street
Suite 1000
San Francisco, CA 94111
Attn: Monique Spyke
Copy to:
City of Lathrop
Finance Department
390 Towne Centre Drive
Lathrop, CA 95330
Phone: (209) 941- 7320
Fax: (209) 941- 7339
Copy to:
PFM Asset Management LLC
1735 Market Street
43rd Floor
Philadelphia, PA 19103
Attn: Legal
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16) Miscellaneous.
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Maieure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
f)
g)
Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party.
All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
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j) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
k) Status of ADVISOR. In the exercise of rights and obligations under this Agreement, ADVISOR acts as an independent contractor and not as an agent ( except with respect to the purchase and sale of securities in the Managed Funds, as such term is hereinafter defined) or employee of CITY. ADVISOR shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and ADVISOR expressly waives any and all claims to such right and benefits.
1) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a
legal holiday
by CITY, the time for performance shall be extended to the following Business Day.
n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable
fees, incurred or expended in connection with such action attorney' s
against
the non -prevailing party.
17) Notice to Proceed.
Prior to commencing work under this agreement, ADVISOR shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. CITY shall not be obligated to pay ADVISOR for any services prior to issuance of the Notice to Proceed.
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18) Investment Advisor Provisions.
a) Services of ADVISOR. CITY hereby engages ADVISOR to serve as investment advisor under the terms of this Agreement with respect to the funds described in this Agreement and such other funds as CITY may from time to time assign by written notice to ADVISOR collectively the " Managed Funds"), and ADVISOR accepts such appointment. In connection therewith, ADVISOR will provide investment research and supervision of the Managed Funds investments and conduct a continuous program of investment, evaluation and, when appropriate, sale and reinvestment of the Managed Funds assets. ADVISOR shall continuously monitor investment opportunities and evaluate investments of the Managed Funds. ADVISOR shall furnish CITY with statistical information and reports with respect to investments of the Managed Funds.
ADVISOR shall place all orders for the purchase, sale, loan or exchange of portfolio securities for CITY' s account with brokers or dealers recommended by ADVISOR and/ or CITY, and to that end ADVISOR is authorized as agent of CITY to give instructions to the custodian designated by CITY ( the " Custodian') as to deliveries of securities and payments of cash for the account of CITY. In connection with the selection of such brokers and dealers and the placing of such orders, ADVISOR is directed to seek for CITY the most favorable execution and price, the determination of which may take into account, subject to any applicable laws, rules and regulations, whether statistical, research and other information or services have been or will be furnished to ADVISOR by such brokers and dealers. The Custodian shall have custody of cash, assets and securities of CITY. ADVISOR shall not take possession of or act as custodian for the cash, securities or other assets of CITY and shall have no responsibility in connection therewith. Authorized investments shall include only those investments which are currently authorized by the state investment statutes and the applicable covenants and as supplemented by such other written instructions as may from time to time be provided by CITY to ADVISOR.
ADVISOR shall be entitled to rely upon CITY' s written advice with respect to anticipated drawdowns of Managed Funds. ADVISOR will observe the instructions of CITY with respect to broker/ dealers who are approved to execute transactions involving the Managed Funds and in the absence of such instructions will engage broker/ dealers which ADVISOR reasonably believes to be reputable, qualified and financially sound.
b) Pool Compensation. Assets invested by ADVISOR under the terms of this Agreement may from time to time be invested in a money
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market mutual fund managed by ADVISOR, or an affiliate of ADVISOR or local government investment pool managed by
ADVISOR (either, a " Pool") or in individual securities. Average daily net assets subject to the fees described in this Agreement shall not take into account any funds invested in the Pool. Expenses of the Pool, including compensation for ADVISOR and the Pool custodian, are described in the relevant prospectus or information statement and are paid from the Pool.
c) Other Compensation. If and to the extent that CITY shall request ADVISOR to render services other than those to be rendered by ADVISOR under this Agreement, such additional services shall be compensated separately on terms to be agreed upon between ADVISOR and CITY.
d) Expenses. ADVISOR shall furnish at its own expense all necessary administrative services, office space, equipment, clerical personnel, telephone and other communication facilities, investment advisory facilities, and executive and supervisory personnel for managing the Managed Funds. Except as expressly provided otherwise herein, CITY shall pay all of its own expenses including, without limitation, taxes, commissions, fees and expenses of CITY' s independent auditors and legal counsel, if any, brokerage and other expenses connected with the execution of portfolio security transactions, insurance premiums, and fees and expenses of the Custodian. e) Registered Advisor; Duty of Care. ADVISOR hereby represents it is a registered investment advisor under the Investment Advisers Act of 1940. ADVISOR shall immediately notify CITY if at any time during the term of this Agreement it is not so registered or if its registration is suspended. ADVISOR agrees to perform its duties and
responsibilities under this Agreement with reasonable care. The federal securities laws impose liabilities under certain circumstances on persons who act in good faith. Nothing herein shall in any way constitute a waiver or limitation of any rights which CITY may have under any federal securities laws. CITY hereby authorizes ADVISOR to sign I.RS. Form W- 9 on behalf of CITY and to deliver such form to broker -dealers or others from time to time as required in connection with securities transactions pursuant to this Agreement. f) ADVISOR' s Other Clients. CITY understands that ADVISOR performs investment advisory services for various other clients which may include investment companies, commingled trust funds and/ or individual portfolios. CITY agrees that ADVISOR, in the exercise of its professional judgment, may give advice or take action with respect
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to any of its other clients which may differ from advice given or the timing or nature of action taken with respect to the Managed Funds.
ADVISOR shall not have any obligation to purchase, sell or exchange any security for the Managed Funds solely by reason of the fact that ADVISOR, its principals, affiliates, or employees may purchase, sell or exchange such security for the account of any other client or for itself or its own accounts.
g)
i)
Disciplinary Actions. ADVISOR shall promptly give notice to CITY if ADVISOR shall have been found to have violated any state or federal securities law or regulation in any final and unappealable judgment in any criminal action or civil suit in any state or federal court or in any disciplinary proceeding before the Securities and Exchange Commission or any other agency or department of the United States, any registered securities exchange, FINRA, or any regulatory authority of any State based upon the performance of services as an investment advisor.
h) Books. ADVISOR shall maintain records of all transactions in the Managed Funds for a period of time as required by the Investment Advisers Act of 1940. ADVISOR shall provide CITY with a monthly statement showing deposits, withdrawals, purchases and sales ( or maturities) of investments, earnings received, and the value of assets held on the last business day of the month. The statement shall be in the format and manner that is mutually agreed upon by ADVISOR and CITY.
Brochure and Brochure Supplement. ADVISOR warrants that it has delivered to CITY prior to the execution of this Agreement ADVISOR' scurrent Securities and Exchange Commission Form ADV, Part 2A ( brochure) and Part 2B ( brochure supplement). CITY acknowledges receipt of such brochure and brochure supplement prior to the execution of this Agreement.
19) Signature.
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 ADVISOR and the CITY.
This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
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Approved as to Form:
Recommended for Approval:
Approved By:
ADVISOR:
City of Lathrop
City Attorney
S• zotK
Salvador Navarrete Date
City of Lathrop
Director of Finance
02. 0jZi7
Cari Jam. Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
PFM Asset Management LLC
Monique Spyke
1 California Street
Suite 1000
San Francisco, CA 94111
Fed ID #: 41- 2003732
Business License # 20953
DocuSigned by:
5pt1k C70ADCCFA4A14E0_. 2/5/024
Signature
Monique Spyke
Date
Managing Director
Print Name / Title
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PFMAM Proposed Scope of Work
1. Review City' s Investment Policy.
PFMAM will continue to review the City' sinvestment policy on an annual basis to confirm that it meets the requirements of the California Government Code and is consistent with the City' s tolerances for risk. As we do now, we will also continue to keep the City appraised of any legislative changes that might impact the City' sinvestment policy.
2. Manage City' sinvestment portfolio in a
fiduciary capacity and efficiently execute purchases and sales with approved brokers or dealers in accordance with the governing laws and City' s investment policy.
Our portfolio management team will continue to review the City' s portfolio on a daily basis. As part of daily practices, portfolio managers and traders discuss how market developments, product offerings, new issues, and the potential impact of pending economic announcements may affect each portfolio. The team also reviews portfolio holdings, upcoming maturities, cash flows, and other City -specific needs. If an opportunity for a trade is identified, our trade process starts with a review of market conditions and relative value relationships. In strict compliance with the City' sInvestment Policy, we will then decide what sector and maturity to purchase — the one with the best combination of return and risk characteristics and one that fulfills a need within the portfolio. Security selection is heavily dependent on the current make- up of the portfolio, the client' sinvestment policy, and the long- term investment strategy.
Once executed, full details of all trades, including competitive bids and offers, are provided to the City on the same day as execution. The City has access to all trading activity through our internet reporting site, Connect, the day after the trade and receives a
complete reconciled report of transactions and holdings on a monthly basis. In addition, Allison reviews trade activity at meetings and is available anytime to answer the City' s questions as needed.
3. Perform credit analysis of investment instruments in the portfolio and monitor the creditworthiness of all investments.
While the City does not currently allow credit instruments in its portfolio, if the City were to change that policy sometime in the future, the City can feel confident in PFMAM' scredit review and monitoring process.
We employ a market - driven approach to credit based upon a proprietary methodology incorporating quantitative and qualitative analysis of issuers and industries. This approach includes leveraging research from our credit analysts and sector specialists from our trading desk. Credit analysts and portfolio managers work in tandem so that our views on credit conditions are integrated seamlessly with trading processes. While important to our fundamental assessment of an issuer, an overreliance on quantitative analysis has proven to be insufficient to effectively assess credit risk.
PFMAM monitors all approved issuers on a daily basis. Once an issuer is approved, it is added to a database that notifies investment personnel of significant news events or rating changes involving that issuer. Because our credit process is fully integrated into the investment process, portfolio managers can respond quickly to significant news events to reduce exposure or capture an opportunity for our clients. If EXHIBIT " A"
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DocuSign Envelope ID: 9A95A35D- OBE8- 4328- A936- 42737DCA2174 pfm 1 asset
management
there is sufficient cause, the Credit Committee may remove an issuer from the approved list, suspend purchases of an issuer, or recommend a sale of holdings. The extent of the action would be dependent on the individual circumstances surrounding an issuer.
For instance, due to the coronavirus pandemic, we temporarily halted all credit purchases until we could re -assess issuers' ability to withstand the volatility and consequences of prolonged lockdowns and an unforeseen economic downturn. We erred on the side of caution on behalf of our governmental clients and held nearly daily Credit Committee meetings to discuss the evolving credit and market conditions. As the situation improved, we reapproved most credit names for purchase, but some issuers were taken off of our approved list permanently as we concluded their financial risk exceeded our clients' risk tolerance.
We believe this proactive focus on credit monitoring is essential in our role as fiduciary to our clients.
4. Back office support and investment reports.
Summarized in the following table are the reports the City currently receives and will continue to receive.
Our comprehensive reports are designed to support the City' s needs and therefore contain all information needed for state reporting standards. Our reports follow GAAP and comply with GASB requirements. At any time, authorized personnel from the City can log in through PFMAM' s portfolio
reporting website, connect. pfmam. co, to view past monthly portfolio statements, holdings as of the prior trading day, and the current month' stransactions through the prior trading day.
Report
Daily Holdings
Frequency/
Delivery
Daily
r`
Content/ Features
Holdings report showing securities, par, cost, duration, purchase yields and discounts as of the prior business day.
Month -to -Date
Transactions
Daily Description of any security transactions month - to -date as of the prior business day.
Portfolio
Holdings and
Activity Report
Monthly
This report includes a detailed description of all securities in the portfolio; a summary of realized and unrealized earnings for the month; a report of all
purchases, sales, maturities, interest deposits, and withdrawals for each separate account; and all the information required by GASB 31, and provides the month - end credit quality ratings to comply with the Credit Risk Disclosure requirement and duration by investment type to facilitate compliance with the Interest Rate Disclosure requirement of GASB 40.
Market Update Monthly Summary of recent market events and the outlook for investment opportunities moving forward.
EXHIBIT " A"
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Report Frequency/
Delivery Content/ Features
Performance
Reports
Quarterly
y;
Quarterly reports typically include an aggregate portfolio sector, maturity, and credit -quality distribution; an aggregate view of performance portfolios by investment strategy; a portfolio strategy recap and market outlook, including recommended changes to strategy; individual portfolio sector, maturity, and credit quality distribution; performance statistics compared to a market benchmark; and a high level economic and investment - sector performance synopsis..
Key: Online access, - f mailed, ;' emailed
5. Perform cash flow analysis, as needed.
At the start of our engagement with the City, we analyzed historical balances in order to help determine the optimal allocation between the City' sfunds that should be kept liquid to fund operational needs and those funds that could be invested out longer to increase opportunities to grow the portfolio over time.
We will continue to work with the City to monitor the allocations and can provide additional analysis as needed.
6. Review strategy and benchmark.
PFMAM' soverall fixed income strategy is formally reviewed on a monthly basis by PFMAM' sFixed Income Investment Committee, which is supported by data and analysis produced by our Portfolio Strategies Group. The Committee reviews our overall strategy, sector allocation decisions, duration positioning, yield curve placement, and individual security assessment. Market and account performance attribution is also discussed in detail. Formal targets are established for each of the key strategy elements, documented in written minutes, and portfolio manager teams implement any changes for their accounts within individual client guidelines and investment policies. The process includes PFMAM' sCIO, portfolio managers, traders, strategy and research staff, and a representative from PFMAM' sCompliance Group.
Strategies are then implemented by each client' sportfolio manager, with adjustments made to address each client' sinvestment policy, cash flow needs, risk tolerances, and investment objectives. Allison has kept the City informed about its portfolio through quarterly reports and meetings: reviewing current asset allocation and strategy, current economic and market conditions, and the City' sinvestment goals and policies.
Since the start or our engagement with the City, at the City' s direction, we have maintained a conservative investment portfolio. The portfolio is managed according to a 1-3 year strategy and, at the start of our engagement, allowed investment in U. S. Treasuries and Federal Agencies only. At past meetings, we have discussed the benefits and risks of expanding the investment opportunities of the portfolio and, in early 2019, with PFMAM' srecommendation, the City decided to allow for investment in EXHIBIT " A"
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highly rated supranationals. We will continue to bring ideas to the City, providing information on ways the City can continue to safely enhance its investment program.
7. Client service through our dedicated client service team.
The engagement team, led by Allison Kaune, will continue to be supported by over 200 professionals dedicated to supporting the investment needs of our public sector clients. The City will continue to receive the full breadth of our investment management resources, including:
Sector specialists on PFMAM' strading desk.
In- house credit analysis and support.
Research from our Portfolios Strategies Group.
GASB- compliant reporting from our Accounting Group and dedicated analyst team.
Responsive service from our Client Services Group.
Coordinated trade execution, settlement, and compliance systems maintained by separate teams Trading Desk, Investment Services Group, Compliance Group).
Fees
For the services described in this scope of work, PFMAM proposes we maintain the current fee schedule:
Assets Under Management Annual Fee Rate
0 to $ 50 million 9 basis points ( 0.9%)
Next $ 50 million 7 basis points ( 0.7%)
Assets greater than $ 100 million 6 basis points ( 0.6%) The actual annual fees will depend on the average amount of assets under management. Fora $ 124 million portfolio,' PFMAM' sannual fee would be $ 94, 400.
Fees are charged monthly in arrears based on the daily net assets under management on an amortized cost basis, including accrued interest and the market value of any money market fund balance, for the month. The fee schedule does not apply to assets held in any LGIP that PFMAM administers. Our minimum annual fee is $ 40, 000, payable in equal monthly installments, if applicable. No fees would be charged for funds invested in the Local Agency Investment Fund (" LAIF").
Source: Estimated total par amount of the securities in the City' s PFMAM- managed portfolio in February 2024.
EXHIBIT " A"
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ITEM 4. 8
CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE CONTRACT CHANGE ORDER NO. 1
WITH ST. FRANCIS ELECTRIC AND APPROVE
BUDGET AMENDMENT FOR CIP GG 19- 07
CITYWIDE SURVEILLANCE SYSTEMS
Adopt a Resolution to Approve Contract
Change Order No. 1 With St. Francis Electric
and Approve Budget Amendment for CIP GG
19- 07 Citywide Surveillance Systems
SUMMARY:
Capital Improvement Project ( CIP) GG 19- 07 Citywide Crime Deterrent Camera Systems is a project in the Council approved CIP Budget for FY23/ 24 and FY24/ 25.
This project allows for enhanced public safety by giving officers an immediate tool to investigate and solve the crimes they respond to and acts as a deterrent to criminal activity.
The camera system is being installed at intersections throughout the City to aide in deterring criminal activity and providing a follow- up tool for Police Department investigations. Through a competitive bidding process, St. Francis Electric was previously awarded a contract through the Public Works department for installation of the traffic control cameras along with maintenance and repair of the traffic light signals and cameras. This vendor is the only authorized 3rd party with physical access to the network security cabinets and the traffic control cabinets. They also have received exclusive network security access to install the cameras, and facilitating work pertaining to the traffic signals. This vendor is providing the same installation services at the same rate from the previously awarded contract. Originally, an install contract in the amount of $ 50, 000 was entered into for the installation of the crime deterrent cameras at the same time as the traffic control cameras to cost effectively install each at the same time.
The City continues to expand the crime deterrent camera network and staff is requesting City Council approve contract change order No. 1 for an additional 60, 000. This will amend the contract total to $ 110, 00, for installation and expansion of the crime deterrent camera network. Due to the requests for additional intersections staff is requesting a budget amendment of $110, 00to cover the install expenses of the contract. By doing so this will free up funds already budgeted in the project for additional furture intersections to be added to the network. 127
CITY MANAGER' S REPORT: FEBRUARY 12, 2024 PAGE 2
APPROVE CONTRACT CHANGE ORDER NO. 1 WITH ST. FRANCIS ELECTRIC AND APPROVE BUDGET AMENDMENT FOR CIP GG 19- 07 CITYWIDE
SURVEILLANCE SYSTEMS
BACKGROUND:
CIP GG 19- 07 Citywide Crime Deterrent Camera System was created April 2019 initially. Since then it has allowed for the installation of crime deterrent cameras at the intersections throughout the city, therefore providing enhanced safety for the public. This system acts as a deterrent to criminal activity and gives police officers an immediate tool to investigate and solve the crimes they respond to.
Originally, an install contract in the amount of $ 50, 000 was entered into for the installation of the crime deterrent cameras at the same time as the traffic control cameras to cost effectively install each at the same time. Installation of the surveillance cameras at additional intersection locations has been requested and staff projects an additional expense of $ 60, 000 in installation expenses.
To save on expenses related to installation, staff is coordinating the installation of the surveillance cameras with installation on the traffic signals for CIP PS 23- 01 Citywide Traffic Systems & Safety Upgrades. Through a competitive bidding process, St. Francis Electric was previously awarded a contract through the Public Works department for the installation of the traffic control cameras and maintenance and repair of the traffic light signals and cameras and is providing installation of the surveillance cameras at the same rate schedule included in the contract. Installation for CIP GG 19- 07 is to be completed on the same traffic lights that work is being completed on for this previously awarded contract. Coordinating the camera installation while installation is ongoing on the same traffic signals will save the City installation costs as the technicians will not have to visit the same locations multiple times. St. Francis is familiar with the City' s systems and where the cameras should be placed and is an authorized installer of the cameras, capable of installing the equipment competently. This vendor is used exclusively when performing work on the traffic signals and cameras and is the only authorized vendor with physical access to the network security cabinets and the traffic control cabinets as well as exclusive network security access to install the cameras. Therefore, pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110 this service contract with St. Francis Electric is exempt from bidding because they are the only authorized vendor for work pertaining to the traffic light signals due to security.
The City continues to expand the crime deterrent camera network and staff is requesting City Council approve the contract change order No. 1 for an additional 60, 000 to amend the total of the contract to $ 110, 00 for installation and expansion of the crime deterrent camera network. Due to the requests for additional intersections staff is requesting a budget amendment of $ 110, 00 to cover the expenses of the install. This will free up already budgeted funds in the project for additional intersections to be added to the network.
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CITY MANAGER' SREPORT: FEBRUARY 12, 2024 PAGE 3
APPROVE CONTRACT CHANGE ORDER NO. 1 WITH ST. FRANCIS ELECTRIC AND APPROVE BUDGET AMENDMENT FOR CIP GG 19- 07 CITYWIDE
SURVEILLANCE SYSTEMS
REASON FOR RECOMMENDATION:
The Camera Surveillance System installed by St. Francis Electrical for CIP GG 19- 07 Citywide Surveillance Systems represents an effort to utilize technology to deter crimes, expedite crime solving, and proactively screen activities to enhance crime prevention and public safety.
FISCAL IMPACT:
Due to the addition of new intersections staff is requesting a budget amendment of 110, 00 to cover the expenses of the installation. The budget amendment will free up already budgeted funds in the project for additional intersections to be added to the network. Therefore, staff recommends a budget amendment of $ 110, 00 from Measure C Fund 1060 to CIP GG 19- 07 to cover the cost associated with expanding the citywide crime deterrent camera system.
Staff is requesting Council approve the below budget amendment to increase the budget for CIP GG 19- 07.
Increase Transfer Out
1060- 9900-90- 9010 $ 110, 00
Increase Transfer In
3010- 9900- 393- 00 GG 19- 07 $ 110, 00
Increase Appropriation
3010- 8000- 430- 37- 00 GG 19- 07 $ 110, 00
ATTACHMENTS:
A. A Resolution Approving Contract Change Order No. 1 with St. Francis Electrical and Approving Budget Amendment for CIP GG 19- 07 Citywide Surveillance Systems
B. Service Contract with St. Francis Electric to Install Surveillance Cameras for CIP GG 19- 07
C. Contract Change Order No. 1 with St. Francis Electric for Additional Installation of Surveillance Cameras for CIP GG 19- 07
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CITY MANAGER' S REPORT: FEBRUARY 12, 2024 PAGE 4
APPROVE CONTRACT CHANGE ORDER NO. 1 WITH ST. FRANCIS ELECTRIC AND APPROVE BUDGET AMENDMENT FOR CIP GG 19- 07 CITYWIDE
SURVEILLANCE SYSTEMS
APPROVALS:
C — 6, 711
ony Fernandes Date
Informatio
Cari Jam
Finance Pi ector
ms Director
Date
524/ ZPY
Michael King Date
Assistant City Manager
Z1( /Za2'
Z 6, -Lo 1- V
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
130
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE CONTRACT CHANGE ORDER NO. 1 WITH ST. FRANCIS ELECTRIC AND APPROVE BUDGET AMENDMENT FOR CIP GG 19- 07 CITYWIDE
SURVEILLANCE SYSTEMS
WHEREAS, Capital Improvement Project ( CIP) GG 19- 07 Citywide Crime Deterrent Camera Systems is a project in the Council approved CIP Budget for FY23/ 24and FY24/ 25; and
WHEREAS, this project allows for enhanced public safety by giving officers an immediate tool to investigate and solve the crimes they respond to and acts as a deterrent to criminal activity; and
WHEREAS, the camera system is being installed at intersections throughout the City to aide in deterring criminal activity and providing a follow- uptool for Police Department investigations; and
WHEREAS, coordinating the camera installation while installation is ongoing on the same traffic signals for the Iteris cameras will save the City installation costs; and
WHEREAS, pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110 this service contract with St. Francis Electric is exempt from bidding because they are the only authorized vendor for work pertaining to the traffic light signals; and WHEREAS, through their contract, St. Francis is used exclusively when performing work on the traffic signals and is the only authorized vendor with physical access to the network security cabinets and the traffic control cabinets as well as exclusive network security access to install the cameras; and WHEREAS, the City continues to expand the crime deterrent camera network, and staff is requesting City Council ratify Contract Change Order No. 1 for an additional $ 60, 000 to amend the total of the contract to $ 110, 00 for installation and expansion of the crime deterrent camera network; and
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve Contract Change Order No. 1 with St. Francis Electric and approve the budget amendment for CIP GG 19- 07 Citywide Surveillance Systems.
131
The foregoing resolution was passed and adopted this 12th day of February 2024, 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 132
DocuSign Envelope ID: 147A8008- A11B- 49F7- 8313- 64218504AF89 Attachment B SERVICE CONTRACT BETWEEN THE CITY OF LATHROP AND ST.
FRANCIS ELECTRIC.
TO INSTALL SURVEILLANCE CAMERAS FOR CIP GG 19- 07
THIS SERVICE CONTRACT ( hereinafter " Contract") is made on November 2- , 2023, by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter " City") and St. Francis Electric. hereinafter "Contractor"), whose Taxpayer Identification Number is . q 7 - 2Lo 1, 31 S( n For and in consideration of the following covenants, terms and conditions, City and Contractor (the parties) agree:
SCOPE OF WORK
Contractor agrees to perform the installation of surveillance cameras for CIP GG 19- 07 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' ssatisfaction.
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 $ 50. 000.
TIME FOR PERFORMANCE
The Contractor shall commence work within five ( 5) working days of the Notice to Proceed, and diligently prosecute the work to completion before June 30, 2024.
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.
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DocuSign Envelope ID: 147A80D8- A11B -49F7- 8313- 6421B504AF89 SERVICE CONTRACT WITH ST. FRANSIC ELECTRIC
TO INSTALL SURVEILLANCE CAMERAS FOR CIP GG 19 — 07
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' sDirector 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' sBid 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' SWARRANTY
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.
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DocuSign Envelope ID: 147A80D8- A11B- 49F7- 8313- 6421B504AF89 SERVICE CONTRACT WITH ST. FRANSIC ELECTRIC
TO INSTALL SURVEILLANCE CAMERAS FOR CIP GG 19- 07
APPRENTICES
a) The Contractor' s attention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7of 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. 6and 1777. 7 of the California Labor Code.
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:
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ocuSign Envelope ID: 147A80D8- A11B- 49F7- 8313- 6421B504AF89 SERVICE CONTRACT WITH ST. FRANSIC ELECTRIC
TO INSTALL SURVEILLANCE CAMERAS FOR CIP GG 19- 07
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. 7to 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 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' sname, 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.
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DocuSign Envelope ID: 147A80D8- A11 B -49F7- 8313- 6421 B504AF89 SERVICE CONTRACT WITH ST. FRANSIC ELECTRIC
TO INSTALL SURVEILLANCE CAMERAS FOR CIP GG 19- 07
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
htto:// www. dir. ca. gov/ 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.
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.
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.
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DocuSign Envelope ID: 147A8008- A11B- 49F7- 8313- 6421B504AF89 SERVICE CONTRACT WITH ST. FRANSIC ELECTRIC
TO INSTALL SURVEILLANCE CAMERAS FOR CIP GG 19- 07
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' Ssole 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, 000,0). 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 selfinsurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement. b) Commercial General and Automobile Liability Insurance.
CONTRACTOR, at CONTRACTOR' Sown 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 ($ 1, 000,0), 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:
138
DocuSign Envelope ID: 147A80D8- A11B- 49F7- 8313- 64218504AF89 SERVICE CONTRACT WITH ST. FRANSIC ELECTRIC
TO INSTALL SURVEILLANCE CAMERAS FOR CIP GG 19- 07
1) 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' srating of no less than A: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self -Insured Retentions. CONTRACTOR shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of 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 Coverage. 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' Searliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage.
139
DocuSign Envelope ID: 147A8008- A11B- 49F7- 8313- 6421B504AF89 SERVICE CONTRACT WITH ST. FRANSIC ELECTRIC
TO INSTALL SURVEILLANCE CAMERAS FOR CIP GG 19- 07
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' Sbreach.
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' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to 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.
140
DocuSign Envelope ID: 147A80D8- A11B- 49F7- 8313- 6421B504AF89 SERVICE CONTRACT WITH ST. FRANSIC ELECTRIC
TO INSTALL SURVEILLANCE CAMERAS FOR CIP GG 19- 07
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.
141
DocuSign Envelope ID: 147A80D8- A11B- 49F7- 8313- 6421B504AF89 SERVICE CONTRACT WITH ST. FRANSIC ELECTRIC
TO INSTALL SURVEILLANCE CAMERAS FOR CIP GG 19- 07
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.
142
DocuSign Envelope ID: 147A8008- A118- 49F7- 8313- 64218504AF89 SERVICE CONTRACT WITH ST. FRANSIC ELECTRIC
TO INSTALL SURVEILLANCE CAMERAS FOR CIP GG 19- 07
Approved as to Form:
Recommended for Approval:
Approved By:
Contractor:
City of Lathrop
City Attorney
o "1.4:-. 10e..?
Salvador Navarrete Date
City of Lathrop
Director Information Systems
rOocuSsgn/ edd
by:
tbikk
Fa a, B, 00
Tony Fernandes Date
10/7/ 2023
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore
City Manager
St. Francis Electric
PO Box 2057
San Leandro, CA 94577
Fed ID #
47- 2615956
Lathrop Business License # _ ij Q CAI
rDo
cuSipned by:
Signature Date
11- Z toz3
Date
SN1ljU, 10/7/ 2023
Guy Smith vice President
Print Name and Title
143
DocuSign Envelope ID: 147A80D8- A11 B- 49F7- 8313- 6428504AF89 Page
COST
WORK")
PROPOSAL SCHEDULE " B" — UNSCHEDULED/ EMERGENCY WORK (" EXTRA The position titles and descriptions listed hereon my not accurately reflect the position titles end descriptions of employees of your firm. For those positions that are not employed by your firm, cross out and mark es " NIA" to indicate that the position is not applicable to the services to be provided by yourfirm.
Title De° aiPtlon Hourly Straight
Time
Hourly
Overtime
Operations
Supsrintendent
As repair work. both field and laboratory.
subject to his approval end dredion
100. 00 s 165. 00
Traffic Signal
Technician — Field
Printery duties are to field troubleshoot
and repair swing, cabinet wiring,
controllers, and perform routine duties of
Preventive maintenance.
85. 00 150. 00
Traffic Signet
Technician —
Laboratory
Performs complete repair and
maintenance of a1 controllers, detectors.
and associated device that are brought
from the field for repairs.
85. 00•_i
150. 00
Street Light
Tedmictan —
Field
Primary duties ere to field troubleshoot
and repair wiring, and perform routine
duties of Preventive maintenance.
85. 00 150. 00
Traffic
8ign, VSbeet light
Laborer
Primary duties are to assist time
signalman and crew in knockdown
repairs and modifications as directed.
75. 00 105. 00
33 Sf. Francis Electric I Class A and C -I0 Licensed Contractor 975 Carden Street. San Leandro. CA 94577 Phone (510) 639- 0639 stfranciselectric. corr1 1 24/ 7/ 365 Traffic Signal & Street Lighting Services 1-( 844)- LIGHTSS 144
CHANGE ORDER NO. 1
Service Contract For Surveillance Camera
Installation Services for CIP GG 19- 07
CONTRACT CHANGE ORDER NO. 1
Surveillance Camera Installation Services for CIP GG 19- 07 Contractor:
Address:
Change Order Date:
Notice to Proceed Date:
Contract Execution Date:
St. Francis Electric
PO Box 2057
San Leandro, CA, 94577
February , 2024
November 2, 2023
November 2, 2023
Attachment C
City of Lathrop
Through a competitive bidding process, St. Francis Electric was previously awarded a contract through the Public Works department for maintenance and repair of the traffic light signals. ISD is requiring work to be completed on the same traffic lights that work is being completed on for this previously awarded contract. Coordinating the camera installation while work is being ongoing on the same traffic signals will save the City installation costs. St. Francis is familiar with the City' s systems and where the cameras should be placed and is an authorized installer of the cameras, capable of installing the equipment competently. This Vendor is used exclusively when performing work on the traffic lights as the vendor who was awarded the associated contract through the competitive bidding process and as the vendor with exclusive network security access along with exclusive physical access to the traffic control and network system control boxes. Therefore, pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110 this service contract with St. Francis Electric is exempt from bidding because they are a sole source for work pertaining to the traffic light signals.
This contract change order augments or changes the following:
1) ONE TIME ADDITION TO CONTRACT
Pursuant to the provisions of the original Contract Specifications as Exhibit A, you are hereby directed to make the herein described changes to the contract amount within the terms of the agreement between the City of Lathrop and St. Francis Electric dated November 2, 2023 I. CHANGES IN THE SPECIFICATIONS
NONE.
II. CHANGES TO CONTRACT
NO. DESCRIPTION QTY AMOUNT
1 Surveillance Camera Installation for CIP GG 19- 07 1 60, 000 SUBTOTAL 60, 000
COST OF CHANGE ORDER NO. 1
TOTAL REVISED ONE- TIME ADDITIONS TO CONTRACT AMOUNT
60, 000
60, 000
ORIGINAL ANNUAL CONTRACT AMOUNT
REVISED ANNUAL CONTRACT AMOUNT AFTER CHANGE ORDER NO. 1 $ 110, 00 50, 000
145
CHANGE ORDER NO. 1
Service Contract For Surveillance Camera
Installation Services for CIP GG 19- 07
END OF CHANGES)
TIME OF COMPLETION
N/ A
City of Lathrop
RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 1.
Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract.
Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:
A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.
END OF SECTION)
146
CHANGE ORDER NO. 1
Service Contract For Surveillance Camera
Installation Services for CIP GG 19- 07
Approved As
To Form:
Recommended
By:
Approved By:
City of Lathrop
IMoitt
Salvador Navarrete Date
City Attorney
City of Lathrop
Tony Fernandes
Director Information Systems
City of Lathrop
Stephen J. Salvatore
City Manager
City of Lathrop
Resolution No.
Accepted By
Contractor:
St. Francis Electric Date
Print Name and Title
Date
Date
147
PAGE LEFT
INTENTIONALLY
BLANK
148
ITEM 4. 9
CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 1 TO PROFESSIONAL
ENGINEERING SERVICES WITH O' DELL
ENGINEERING, INC. FOR THE HISTORIC LATHROP
BEAUTIFICATION PROJECT, CIP GG 24-3 AND
APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving Amendment No. 1 to Professional Engineering Services with O' Dell
Engineering, Inc. for the Historic Lathrop
Beautification Project, CIP GG 24-3, and Approving
Budget Amendment
SUMMARY:
Capital Improvement Project ( CIP) GG 24-3 for Historic Lathrop Beautification Project) consists of installing gateway arches on 5th Street near the Lathrop Road and Louise Avenue intersections and constructing a water fountain on the Green Belt Park.
On November 7, 2023, City Council approved a professional engineering services agreement with ( O' Dell Engineering) to design the gateway arches on 5th Street. The scope of work included preparation of civil, electrical, and architectural plans of the arches for a contract amount of $ 56, 640.
On January 8, 2024, City Council reviewed a conceptual layout and provided feedback on the elements to be incorporated within the gateway arches. City Council also reviewed locations within the Green Belt Park for the construction of the water fountain. With a selected location and guidance on the aesthetics, staff requested a proposal from O' Dell Engineering for services that include topographic surveying and completion of the improvement plans with landscape, electrical and structural components of the water fountain. O' Dell Engineering provided a proposal Attachment 6) for those additional services to the water fountain for $ 69, 151.
Staff is requesting City Council approve Amendment No. 1 to the professional engineering services with O' Dell Engineering for the additional design in the Green Belt Park.
Sufficient funds were not allocated in the approved FY 23-4 budget to pay for the additional cost for designing the water fountain. Thus, staff is requesting City Council approve a budget amendment transferring $ 30, 000 from Measure C Fund ( 1060) subject to review and approval by the Measure C Oversight Committee. 149
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 TO PROFESSIONAL ENGINEERING SERVICES WITH O' DELL ENGINEERING, INC. FOR THE HISTORIC LATHROP BEAUTIFICATION PROJECT, CIP GG 24-3 AND APPROVE BUDGET
AMENDMENT
BACKGROUND:
At the July 10, 2023 City Council meeting, Council created CIP GG 24-3 for installation of gateway arches on 5th Street near the Lathrop Road and Louise Avenue intersections and construct a water fountain at the Green Belt Park.
Staff contacted several consultants and after reviewing all proposals received, approved a Professional Engineering Services Agreement to O' Dell Engineering to design the gateway arches on 5th Street. The scope of work included preparation of civil, electrical, and architectural plans for a contract amount of $ 56, 640.
On January 8, 2024, City Council reviewed a conceptual layout and provided feedback on the design elements for the gateway arches. City Council also selected a preferred location within the Green Belt Park to construct the water fountain. With a selected location and guidance on the aesthetics, staff requested O' Dell Engineering a proposal to also design the water fountain.
O' Dell Engineering provided a proposal for the additional design services that include topographic surveying and completion of the improvement plans with landscape, electrical and structural components of the water fountain. Staff is requesting City Council approve Amendment No. 1 to the professional engineering services with O' Dell Engineering to include the design of the water fountain on the Green Belt Park.
REASON FOR RECOMMENDATION:
Approval of Amendment No. 1 with O' Dell Engineering will allow staff to move forward with the Project and complete the design of the water fountain concurrent with the gateway arches. Staff will return to Council at a later date to request approval of a construction contract for both improvements.
FISCAL IMPACT:
The initial professional services agreement with O' Dell Engineering to design the gateway arches on 5th Street was for $ 56, 640. The cost to complete the additional design services for the water fountain is $ 69, 151. Sufficient funds were not allocated within the Project. Therefore, staff is requesting City Council approve a budget amendment transferring $ 30, 000 from Measure C Fund ( 1060) subject to review and approval by the Measure C Oversight Committee.
Increase Transfer Out
1060- 9900-90- 9010 $ 30, 000
Increase Transfer In
3010- 9900- 393- 0000 GG 24-3 $ 30, 000
150
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 TO PROFESSIONAL ENGINEERING SERVICES WITH O' DELL ENGINEERING, INC. FOR THE HISTORIC LATHROP BEAUTIFICATION PROJECT, CIP GG 24-3 AND APPROVE BUDGET
AMENDMENT
Increase Expenditures
3010- 8000- 420- 12- 00 GG 24-3 $ 30, 000
ATTACHMENTS:
A. Resolution Approving Amendment No. 1 to the Professional Services Agreement with O' DeII Engineering, Inc. for the Historic Lathrop Beautification Project, CIP GG 24- 23, and Approving Budget Amendment
B. Amendment No. 1 to Professional Services Agreement with O' DeII Engineering, Inc. for the Historic Lathrop Beautification Project, CIP GG 24-3 151
CITY MANAGER' SREPORT PAGE 4
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 TO PROFESSIONAL ENGINEERING SERVICES WITH O' DELL ENGINEERING, INC. FOR THE HISTORIC LATHROP BEAUTIFICATION PROJECT, CIP GG 24-3 AND APPROVE BUDGET
AMENDMENT
APPROVALS:
Assistant Engineer
Brad T' lor
City Engineer
Todd Sebastian
Director of Parks & Recreation
Carl Ja • s
Financ birector
3/ - 2ozy
Date
Date
Date
Date
J/ 51, 3a- 4
Michael King Date
Assistant City Manager
1. 31. 2. c)2. 41
3 /- tot
Salvador Navarrete Date
City Attorney
sue_
Stephen J. Salvatore Date
City Manager
2440, frT
152
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 1 TO PROFESSIONAL ENGINEERING
SERVICES WITH O' DELL ENGINEERING, INC. FOR THE LATHROP BEAUTIFICATION PROJECT, CIP GG 24-3 AND APPROVING BUDGET
AMENDMENT
WHEREAS, Capital Improvement Project ( CIP) GG 24-3 for Historic Lathrop Beautification ( Project) consists of installing gateway arches on 5th Street near the Lathrop Road and Louise Avenue intersections, and constructing a water fountain on the Green Belt Park; and
WHEREAS, on November 7, 2023, the City of Lathrop contracted O' Dell Engineering, Inc. (O' Dell Engineering) to provide professional engineering services to design the gateway arches on 5th Street; and
WHEREAS, the scope of work included preparation of civil, electrical, and architectural plans of the arches for a contract amount of $ 56, 640; and WHEREAS, on January 8, 2024, City Council reviewed a conceptual layout and provided feedback on the elements to be incorporated within the gateway arches; and
WHEREAS, City Council also reviewed locations within the Green Belt Park to construct the water fountain; and
WHEREAS, with a selected location and guidance on the aesthetics, staff requested a proposal from O' DeII Engineering for services that include topographic surveying and completion of the improvement plans with landscape, electrical and structural components of the water fountain; and
WHEREAS, O' Dell Engineering provided a proposal for those additional services to the water fountain for $ 69, 151; and
WHEREAS, staff is requesting City Council approve Amendment No. 1 to the professional engineering services with O' Dell Engineering to include the design of the water fountain on the Green Belt Park; and
WHEREAS, the initial professional engineering services agreement with O' Dell Engineering to design the gateway arches on 5th Street was for $ 56, 640. The cost to complete the additional design services and topographic surveying for the water fountain is $ 69, 151; and
WHEREAS, sufficient funds were not allocated within the Project. Therefore, staff is requesting City Council approve a budget amendment transferring $ 30, 000 from Measure C Fund ( 1060), subject to review and approval by the Measure C Oversight Committee, as follows:
153
Increase Transfer Out
1060- 9900-90- 9010 $ 30, 000
Increase Transfer In
3010- 9900- 393- 0000 GG 24-3 $ 30, 000
Increase Expenditures
3010- 8000- 420- 12- 00 GG 24-3 $ 30, 000
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approves Amendment No. 1 to the Professional Services Agreement with O' Dell Engineering, Inc. for the Historic Lathrop Beautification Project, CIP GG 24-3; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 30, 000 from General Fund 1010) to the CIP Project Fund ( 3010), to be reimbursed by Measure C Fund ( 1060) subject to review and approval by the Measure C Oversight Committee as detailed above.
154
The foregoing resolution was passed and adopted this 12th day of February, 2024 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 155
ATTACHMENT 11
AMENDMENT NO. 1
TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH O' DELL ENGINEERING, INC. FOR THE HISTORIC LATHROP BEAUTIFICATION PROJECT, CIP GG 24-3
This Amendment No. 1 ( hereinafter " AMENDMENT") to the agreement between O' Dell Engineering and the City of Lathrop dated November 7, 2023, ( hereinafter AGREEMENT") dated for convenience this February 12, 2024, is by and between O' Dell Engineering, Inc. ("CONSULTANT") and the CITY OF LATHROP, a California municipal corporation ("CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to provide Professional Services to design the gateway arches and water fountain associated with the Historic Lathrop Beautification Project, CIP GG 24-3; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on November 7, 2023, staff approved the AGREEMENT with O' Dell Engineering, Inc. to provide Professional Services in the amount of $56, 640; and WHEREAS, CONSULTANT is willing to render such Professional Services for the design of the Historic Lathrop Beautification Project, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and CITY agree as follows:
AMENDMENT No. 1 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.
The aforementioned work is in addition to the scope of work in the original AGREEMENT dated November 7, 2023 for Professional Engineering Consulting Services for the Historic Lathrop Beautification Project, CIP GG 24-3. 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' Ssatisfaction.
156
CITY OF LATHROP — AMEND. NO. 1 WITH O' DELL ENGINEERING, INC. FOR THE DESIGN OF THE HISTORIC LATHROP BEAUTIFICATION PROJECT, CIP GG 24-3 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 $ 66, 391 for the professional services set forth in Exhibit "A". CONSULTANT shall be paid any uncontested sum due and payable within thirty (30) days of receipt of billings containing all information 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. 1 is February 12, 2024 and it shall terminate no later than June 30, 2024. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicability To Original Consultant Agreement
All terms and conditions set forth in the AGREEMENT dated November 7, 2023 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Signatures
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.
157
CITY OF LATHROP — AMEND. NO. 1 WITH O' DELL ENGINEERING, INC. FOR THE DESIGN OF THE HISTORIC LATHROP BEAUTIFICATION PROJECT, CIP GG 24-3 Approved as to Form: City of Lathrop
City Attorney
1-3
SalvacTor Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Approved By:
Resolution #
CONSULTANT:
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Fed ID #
Business License #
Date
Print Name and Title)
158
EXHIBIT" (3 "
N G 1 N€€- 1 N G
CONTRACT CHANGE ORDER
Contract Change Order Number: 001
Original Contract Date: October 2, 2023
Client: City of Lathrop, Brad Taylor
Project Number: 42820
Project Name: Lathrop Gateway Arches
Date/ Time: February 05, 2024
Description of Change:
As requested by the City of Lathrop, O' Dell Engineering and team is pleased to provide additional design support services to expand the original scope of the project to create a new multi -tier water fountain at Green Belt Park near the main pedestrian entrance on Long Barn Drive in Lathrop California. The fountain design as requested, is anticipated to have a base diameter range between 40' to 50', and will have seating, lighting, and landscaping around the fountain area within the central north end of the park. This additional scope of work will encroach into an existing detention basin, requiring the regrading of the existing turf basin area to create a level pad where the fountain is proposed. The added scope will also require water and electrical tie- ins to the existing infrastructure including extending 3 -Phase power from the existing City sanitary sewer lift station across Woodfield Drive.
A topographic survey is needed to provide an accurate current base in the area required for the design work of the expanded scope as depicted in ' Exhibit A.' O' Dell Engineering will be responsible for providing a comprehensive landscape design for the project in addition to joint trench design & coordination with PGE.
Furthermore, the project structural engineer ( PWF) will provide structural design support for the fountain, and the project electrical engineer ( HCS) will provide electrical design support for both the fountain and the new pedestrian areas. We have also added an experienced fountain specialist company, Fountain People, to the team to provide MEP technical design services for the fountain and related equipment.
Additional Scope:
TASK 1: TOPOGRAPHIC SURVEY BASE MAPPING
Perform cross- section survey of linear corridor at 25 -foot intervals.
Perform topographic survey of all hardscape and softscape, including: grade breaks, high points, low points. In flat areas, measure spot elevations in a grid pattern.
Locate surface -visible utility features and improvements, such as: signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA markings, vaults, valves, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes.
Trees 6" in diameter or larger will be located.
Create existing ground Civil 3D TIN surface model.
Prepare topographic survey base map drawing at a 1" = 20' scale. p: 209. 571. 165 CHANGE ORDER
1165 Scenic Drive, Suite A, Modesto, CA 95350 1 www. odellengineering. com O' Dell Engineering 159
DELIVERABLES, Task 1:
Digital copy of the topographic survey base map drawing in AutoCAD Civil 3D 2022 format.
PDF copy of topographic survey on O' Dell title block.
Task Cost: $ 9,64
TASK 2: CONCEPTUAL BOUNDARY BASE MAPPING
Prepare a conceptual property boundary/ rod right- of- way linework base map drawing covering the subject mapping limits area. Linework will be based solely on record information from filed survey maps, recorded documents, and any other client -provided information, then placed relative to other deliverables using a limited amount of physical evidence.
This is not a resolved boundary; no boundary analysis or adjustment will be performed. The following limitations apply:
o Excludes setting of monuments or filing maps/ corner records. o Excludes review of adjoining property deeds or resolution of conflicting title evidence. o Excludes obtaining a title report. However, if one is provided it will be reviewed and any applicable exceptions will be plotted from record where possible. o Plotting of easements or other encumbrances is limited to readily available information obtained by or discovered throughout the process of researching relevant maps, documents, and title reports ( if provided). Additional encumbrances may exist. No guarantee is made as to the completeness of said information.
This item is conditional on finding sufficient corners set by previous surveys. If property corner monuments of record have been destroyed, do not fit, or were never set, then pursuant to the Professional Land Surveyors' Act, additional surveying and a " Record of Survey" or a " Corner Record" may be required to resolve the boundary. If additional surveying is necessary, a briefing with the Client will be arranged, and work will proceed only after authorization from the Client.
DELIVERABLES, Task 2:
Digital copy of the conceptual boundary linework drawing in AutoCAD Civil 3D 2022 format.
Task Cost: $ 2, 617
p: 209. 571. 165
1165 Scenic Drive, Suite A, Modesto, CA 95350 www. odellengineering. com 2 CHANGE ORDER
O' Dell Engineering
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TASK 3: CONCEPTUAL DESIGN
Preparation of preliminary conceptual design options will be led by an O' Dell licensed landscape architect, and will prepare up to three (3) alternative conceptual design options for initial City review and comment. Conceptual documents may include the following graphics and exhibits:
o Conceptual site design in full color;
o Conceptual fountain design including plan and section/ elevation; o Preliminary electric service layout and meter placement; and o Precedent supporting imagery
After the City provides direction on a preferred preliminary conceptual design, O' Dell will prepare a final conceptual design package for City approval prior to improvement plan preparation.
Conceptual documents may include the following graphics and exhibits:
o Conceptual site design in full color;
o Conceptual fountain design including plan and section/ elevation; o Conceptual intent of electric design from point of connection to meter; and o Precedent supporting imagery
DELIVERABLES, Task 3:
Electronic copies in PDF format
Task Cost: $ 13, 705
TASK 4: IMPROVEMENT PLANS ( 50% & FINAL SUBMITTAL)
Based upon the topographic survey and conceptual boundary base mapping provided in Tasks 1 and 2 above, and City approved conceptual design package in task 3, the O' Dell design team will prepare complete improvement plans, technical specs, cost opinion and structural calculations for City review and comment.
All plans will be consistent with the most recent additions of California Building Code, CalGreen, the State of California Water Efficiency Ordinances, and all City requirements. Plans are expected to include the following:
o Cover sheet
Project data
o Notes sheet
o Demolition plans ( based off topographic survey base file) o Erosion control plans
o Grading plans
o Layout and horizontal control plans
o Landscape renovation plans
Irrigation plan conforming to city and state MWELO requirements.
Irrigation water use calculations ( MAWA/ EWU)
Irrigation schedule ( pre and post establishment)
Planting plans
o Planting plan to conform to MWELO requirements.
Planting legend
o Landscape construction details:
Hardscape details
Fountain design details
Standard irrigation details
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Standard planting details
o Electrical site plan:
New electrical service and coordination with City staff Power connections to improvement areas.
o Electrical details
o Electrical calculations
o Structural foundation plans
o Structural framing plans/ elevations
o Structural details, notes & plan specifications
o Fountain MEP plans & details
Cost opinion ( at each submittal phase)
Technical specifications
o TOC spec outline ( 50% Submittal)
o Full technical specifications ( 100% Submittal), excluding division 00. o Bid item list
o Bid descriptions
Respond to Client feedback.
Project coordination with Client.
DELIVERABLES, Task 4:
Electronic copies in PDF format
Task Cost: $ 41,65
TASK 5: MEETING AND COORDINATION
Attend virtual kick- off meeting with city and design team ( 1).
Attend one progress meeting for each improvement plan submittal phase. o Assumes one virtual meeting per submittal = two (2) total. o Additional meetings will be billed at hourly rates provided in original contract.
Task Cost: $ 900
TOTAL FEES, TASK 1- 5: $68,51
TASK 6: REIMBURSABLES FOR THE FOLLOWING ITEMS:
Mileage.
Printing 11x17 conceptual hard copies ( up to three (3) sets) if requested. .
Printing final submittal package hard copies ( up to three (3) sets) if requested.
Task Cost: $ 500
TOTAL FEES WITH REIMBURSABLES: $69, 151
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Client to Provide:
Existing utility records, including as- builts, record drawings, plans, or GIS information, knowingly possessed by or available to client/ owner.
All other items in this section are per the original contract.
Limitations/ Assumptions:
Does not include bidding and construction support services. We can provide this service upon request from the City.
Does not include architectural design for fountain or related fountain vault. Vault is assumed to be a pre-ackaged unit.
Does not include utility extensions beyond 100 feet from the project site.
Does not include temporary electric service for construction trailer.
Does not include field supervision of construction forces.
Does not include inspection and/ ortesting services.
Does not include utility designs beyond connections/ meters.
Pricing subject to increase based on PGE Globals provided after application and JT Intent and Form A.
Does not include QSP services. We can provide this service upon request from the City.
Does not include construction staking. We can provide this service upon request from the City.
All other items in this section are per the original contract.
Note:
All other conditions remain per the original contract.
IMPACT ON SCHEDULE: IMPACT ON BUDGET:
TBD. Impact on Budget: $69, 151
Proposed Contract Total: $125, 791
CLIENT SIGNATURE CONSULTANT SIGNATURE
CLIENT SIGNATURE WILL AMEND THE CONTRACT AS SHOWN AND AUTHORIZES THE WORK TO BE PERFORMED. p: 209. 571. 165
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Exhibit A —Survey Limits
MAPPING LIMITS EXHIBIT 1
SURVEY LIMITS
LOCATE POWERPOLE
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Modesto, CA 95350
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SCALE: 1"=00' DATE: 2024- 01- 26
JOB NO.: 42820 LATHROP GATEWAY ARCHES
FILE: M3892- EXH- MAPPING LIMITS. DWG
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1 p: 209. 571. 165
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J: AMarketingAM Projects\ M3892 Lathrop Gateway ano FountainLPrelatenary Proposals\ Lathrop Fountain Add Service Proposal\ CCO01- 2024- 0a OS- Latnrcp Fountain Add Service42820. docx 164
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ITEM 4. 11
CITY MANAGER' SREPORT
FEBRUARY 12, 2024 REGULAR CITY COUNCIL MEETING
ITEM:
RECOMMENDATION:
AUTHORIZE THE FORMATION OF COMMUNITY
FACILITIES DISTRICT NO. 2024- 1 (EAGLES
LANDING SERVICES)
Adopt a Resolution of Intention to Establish
City of Lathrop Community Facilities District
No. 2024- 1 (Eagles Landing Services) to
Finance Public Services
SUMMARY:
As part of their development agreement requirements, master developers are required to submit to the City a fiscal impact analysis. The purpose of a fiscal impact analysis is to estimate the overall financial impacts a development will have on the City. This analysis enables the City to estimate the difference between the costs of providing services to a new development and the revenue the new development will generate.
The City and DR Horton ( developer) have recently completed a fiscal impact analysis for the Eagles Landing project. The fiscal impact analysis projected that the development would produce a shortfall to the City' s
General Fund. In order for the
City to ensure that development continues to pay its own way, Community Facilities District ( CFD) No. 2024- 1 (Eagles Landing Services) needs to be formed to cover the shortfalls.
It is recommended Council authorize the attached Resolution of Intention to establish the City of Lathrop Community Facilities District No. 2024- 1 (Eagles Landing Services) (the " District") and to levy a special tax to finance the costs of certain public facilities and services of benefit to the properties within the District.
BACKGROUND:
City Staff, the Financing Team and the Developer have had several discussions to help formulate the proposed District and the special tax to be levied, which has been approved by the developer and will be calculated and levied as set forth in the Rate and Method of Apportionment of Special Tax ( Exhibit B of Attachment A).
The District will include 95 parcels and will have a single tax rate formula, for the levy of the " Special Tax", for the purpose of funding City services. 189
CITY MANAGER' SREPORT
FEBRUARY 12, 2024 REGULAR CITY COUNCIL MEETING
COMMUNITY FACILITIES DISTRICT NO. 2024- 1 FORMATION
The description of the services authorized to be paid for by the Special Tax, are described in the " Description of Services" ( Exhibit A of Attachment A). The services shall include:
Services
PAGE 2
Police Protection Services
Maintenance of open space; including irrigation and vegetation control Maintenance of roads and roadways; including street sweeping, street repair, street striping and repair and repainting of sound walls Storm protection; including operation and maintenance of storm drainage system
Landscaping of public areas; including irrigation, tree trimming and vegetation maintenance and control
The City Council has four documents for consideration:
1. The Resolution of Intention ( Attachment A) - The resolution sets forth the intention to establish the District, designates the name of the District, identifies the services and facilities to be funded, and states the City' s intention to levy a special tax to pay for the services and in the future to pay for the acquisition, construction, and associated costs of the public facilities.
The Resolution also sets April 8, 2024 as the date for a hearing on the matters set forth therein.
2. Description of Services ( Exhibit A of Attachment A) - Description of the services that are authorized to be funded from special tax revenues generated within the District.
3. The Rate and Method of Apportionment of Special Tax ( Exhibit B of Attachment A) is a key document in that it provides for the security for the funding of the District. This document presents how the revenues from the District are to be collected and also sets forth the purpose and level of the taxes from the various different types of properties.
4. The District Boundary Map ( Attachment B) - Details the legal parcels which will make up the properties within the boundaries of the District.
Today' sresolution sets the public hearing date, at which time the City Council will hear a presentation on the proposed District. At the same time, the election of the property owners is expected to be completed. The election results will unanimously favor the District formation, as the Developer, as the only property owner within the District boundaries, will be voting. It is expected that the Developer will waive a number of noticing and election procedures that make it possible for the proposed district to be formed in a relatively short period of time.
190
CITY MANAGER' SREPORT
FEBRUARY 12, 2024 REGULAR CITY COUNCIL MEETING
COMMUNITY FACILITIES DISTRICT NO. 2024- 1FORMATION
At the public hearing on the District, protests against the establishment of the District, the extent of the District, or the furnishing of specified types of services within the District may be made orally or in writing by any interested persons or taxpayers. Any protests pertaining to the regularity or sufficiency of the proceedings shall be made in writing and shall clearly set forth the irregularities and defects to which objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for the hearing. The City Council may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings.
Written protests may be withdrawn in writing at any time before the conclusion of the hearing. If the City Council determines at the conclusion of the hearings to proceed with the establishment of the District, the proposed voting procedure shall be by landowners voting in accordance with the Mello - Roos Community Facilities District Act of 1982, as there are less than twelve registered electors residing within the proposed district boundaries.
PAGE 3
Notice of the Public Hearing will be published in the same manner as the City' s other public hearing notifications at least seven days prior to the hearing date. Furthermore, a notice of the hearing will be mailed to each property owner and registered voter within the proposed District boundaries ( unless otherwise waived).
REASON FOR RECOMMENDATION:
Staff has worked with DR Horton to complete a fiscal impact analysis for their project.
The fiscal impact analysis has determined that the proposed development will produce a shortfall to the City' s
General Fund. In order for the City to ensure that
development continues to pay its own way, a Community Facilities District ( CFD) needs to be formed to cover the shortfalls.
In order to form the CFD, Council needs to adopt the Resolution of Intention. The Resolution is required to be adopted by a majority approval of the City Council.
FISCAL IMPACT:
DR Horton has funded the forming of the CFD.
ATTACHMENTS:
A. Resolution of Intention to Establish Community Facilities District Exhibits to Attachment A:
A. Description of Authorized Services
B. Rate and Method of Apportionment of Special Tax
B. Community Facilities District No. 2024- 1 Boundary Map 191
CITY MANAGER' SREPORT
FEBRUARY 12, 2024 REGULAR CITY COUNCIL MEETING
COMMUNITY FACILITIES DISTRICT NO. 2024- 1FORMATION
APPROVALS:
Brad Taylor
City Engineer
Date
Date
PAGE 4
h7/ 2002/
1 /,/ zoz*-
1••-, -qty
Salvador Navarrete Date
City Attorney
Ste en J. Salvatore Date
City Manager
192
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP DECLARING
INTENTION TO ESTABLISH CITY OF LATHROP COMMUNITY FACILITIES DISTRICT NO. 2024- 1 (EAGLES LANDING SERVICES) TO FINANCE PUBLIC
SERVICES
WHEREAS, under the Mello - Roos Community Facilities Act of 1982, Chapter
2. 5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code ( the " Act"), the City Council ( the " Council") of the City of Lathrop the " City") is authorized to establish a community facilities district and to act as its legislative body; and
WHEREAS, this Council, having received a request from the owners of the area of developing land proposed to be included in the proposed community facilities district within the City, now desires to proceed with the establishment of such community facilities district to finance costs of certain public services required to meet the demands of new development of such land; and
NOW, THEREFORE, IT IS RESOLVED as follows:
1. Authority. This Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act, and hereby determines that public convenience and necessity require that it be established pursuant to the Act.
2. Name of CFD. The name proposed for the community facilities district is City of Lathrop Community Facilities District No. 2024- 1 (Eagles Landing Services) the " CFD").
3. Boundaries Described. The proposed boundaries of the CFD are as shown on the map of it on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. This Council finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. This Council directs the City Clerk to certify the adoption of this resolution on the face of the map, and to file a copy of the map in the office of the City Clerk in accordance with Section 3111 of the California Streets and Highways Code, and within 15 days of the date of adoption of this resolution but in no event later than 15 days prior to the public hearing provided for herein transmit the map to the County Recorder for recording in the Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of San Joaquin.
4. Services. The types of public services proposed to be provided within the CFD are set forth on Exhibit A attached to this Resolution ( the " Services"). The Council hereby finds that these Services are necessitated by new development occurring and anticipated within the CFD and the Council hereby determines that the increased Services are necessary to meet increased demands placed upon local agencies as the result of development occurring or to occur within the CFD.