Lathrop City Council
April 8, 2024

April 8, 2024 – Regular Meeting Agenda – 7:00 p.m.

Printed on Recycled Paper See Reverse
47+---
April 8, 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
Stephen Sealy, Chief of Police
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
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 April 8, 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/1617363152?pwd=bkx1cndlTHZlTDNCTlFkc nVPSUVRUT09
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: 161 736 3152 / Passcode: 692516
If you are not able to attend the meeting in person or virtually - Public comment/ questions will be accepted by email to City Clerk Teresa Vargas at website_ cco@ci. lathrop. ca.us or by calling ( 209) 941- 7230 Questions or comments must be submitted by 4: 00 p.m., on the day of the meeting.

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

Council Meetings are live- streamed ( with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https:// www. ci.lathrop. ca. us/ citycouncil/ page/ live- stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker ( see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 April 8, 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: citycouncil@ci. lathrop. ca. us. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https:// www. ci.lathrop. ca.us/ meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’ s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “ J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’ s website.

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

Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: ( 209) 941- 7230
3 April 8, 2024 Lathrop City Council Regular Meeting Agenda Page 3

CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MONDAY, APRIL 8, 2024
7:00 P.M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 6:45 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.

1. PRELIMINARY

1.1 CALL TO ORDER

1.2 CLOSED SESSION

1.2.1 LIABILITY CLAIMS
Pursuant to Government Code Section 54956.95(a)
Claimant: Rumanti Marsh
Agency Claimed Against: City of Lathrop

RECONVENE

1.2.2 REPORT FROM CLOSED SESSION

1.3 ROLL CALL

1.4 INVOCATION

1.5 PLEDGE OF ALLEGIANCE

1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER

1.7 INFORMATIONAL ITEM( S)

SAN JOAQUIN COUNTY MOSQUITO & VECTOR CONTROL DISTRICT
UPDATE ON THE 2023 INVASIVE Aedes aegypti “ YELLOW FEVER MOSQUITO”

1.8 DECLARATION OF CONFLICT( S) OF INTEREST
4 April 8, 2024 Lathrop City Council Regular Meeting Agenda Page 4

2. PRESENTATIONS

2.1 CERTIFICATE OF RECOGNITION PRESENTED TO KULWANT SINGH

DHALIWAL AS GLOBAL AMBASSADOR FOR WORLD CANCER CARE

CHARITABLE SOCIETY

2.2 CERTIFICATE OF RECOGNITION PRESENTED TO JASS SANGHA AS

AMBASSADOR FOR UNITED STATES CANCER CARE CHARITABLE

SOCIETY

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 February 12, 2024

4.3 SECOND READING AND ADOPTION OF ORDINANCE 24-457 OF THE CITY

COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP

MUNICIPAL CODE ( LMC) TO REGULATE SHORT- TERM RENTALS AND BICYCLE VIOLATIONS BY ADDING NEW CHAPTERS TO TITLE 5,
BUSINESS LICENSES AND REGULATIONS, AND TITLE 9, PUBLIC PEACE

AND WELFARE
5 April 8, 2024 Lathrop City Council Regular Meeting Agenda Page 5 Waive Full Reading and Adopt Ordinance 24- 457 Amending the Lathrop Municipal Code ( LMC) To Regulate Short-Term Rentals and Bicycle Violations by Adding New Chapters to Title 5, Business Licenses and Regulations, and Title 9, Public Peace and Welfare

4.4 RATIFY THE PURCHASE WITH CDW-G FOR A CYBER SECURITY RELATED

SOFTWARE SUBSCRIPTION
Adopt Resolution Ratifying the Purchase with CDW- G for a Cyber Security Related Software Subscription

4.5 RATIFY THE AGREEMENT WITH ICU TECHNOLOGIES INC. FOR THE

CAMERA SURVEILLANCE SYSTEM FOR THE LATHROP POLICE
DEPARTMENT EVIDENCE BUILDING, CIP GG 21-13
Adopt Resolution Ratifying the Agreement with ICU Technologies, Inc. for the Camera Surveillance System for the Lathrop Police Department Evidence Building, CIP GG 21-13

4.6 RATIFY THE SERVICE CONTRACT WITH ICU TECHNOLOGIES INC. FOR

THE CAMERA SURVEILLANCE SYSTEMS FOR PHASE II OF MAJOR CITY PARKS SURVEILLANCE, CIP GG 22-35
Adopt Resolution Ratifying the Service Contract with ICU Technologies, Inc. for the Surveillance Systems for Phase II of Major City Parks Surveillance, CIP GG 22-35

4.7 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. FOR THE LATHROP POLICE DEPARTMENT TO

PROVIDE LAW ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL
EVENT ON APRIL 18, 2024 THROUGH APRIL 21, 2024
Adopt Resolution Approving Professional Services Agreement with Butler Amusement, Inc. for the Lathrop Police Department to Provide Law Enforcement Services for their Annual Carnival Event on April 18, 2024 through April 21, 2024

4.8 APPROVE TASK ORDER NO. 12 WITH GOODWIN CONSULTING GROUP, INC. FOR CITYWIDE CFF UPDATE, CIP GG 22- 01 AND APPROVE BUDGET

AMENDMENT
Adopt Resolution Approving Task Order No. 12 with Goodwin Consulting Group, Inc., for the Citywide Capital Facilities Fees Update, CIP GG 22- 01 and Approve Budget Amendment

4.9 APPROVE AMENDMENTS NO. 3 AND NO. 4 WITH RBI TO PROVIDE

ADDITIONAL STUDIES AND PERMIT COMPLIANCE SUPPORT SERVICES FOR THE SURFACE WATER DISCHARGE PROJECT, CIP WW 20-17 AND

APPROVE BUDGET AMENDMENT
Adopt Resolution Approving Amendments No. 3 and No. 4 with Robertson-Bryan Inc., to Provide Additional Studies and NPDES Permit Compliance Support Services for the Consolidated Treatment Facility 6 April 8, 2024 Lathrop City Council Regular Meeting Agenda Page 6 Surface Water Discharge Project, CIP WW 20- 17 and Approve Budget Amendment

4.10 APPROVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH

BKF ENGINEERS FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES, CIP PW 24-12
Adopt Resolution Approving a Professional Engineering Services Agreement with BKF Engineers for the East Lathrop Water Main and Lateral Upgrades, CIP PW 24-12

4.11 ACCEPT THE GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2023
Adopt Resolution Accepting the General Plan Housing Element Annual Progress Report for Calendar Year 2023 and Authorize Staff to Submit the Report to the Governor’ s Office of Planning and Research and State Department of Housing and Community Development

4.12 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2022- 99, LOCATED AT 18580 CHRISTOPHER WAY FROM NEW CINGULAR

WIRELESS PCS, LLC DBA AT&T
Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2022- 99, Located at 18580 Christopher Way from New Cingular Wireless PCS, LLC dba AT&T

4.13 AUTHORIZE PARTICIPATION AND ALLOCATION OF FUNDING FOR THE REGIONAL EARLY ACTION PLANNING ( REAP 2.0) GRANTS FUNDS

AWARDED TO SAN JOAQUIN COUNCIL OF GOVERNMENTS ON BEHALF

OF THE SAN JOAQUIN COUNTY MEMBER AGENCIES
Adopt Resolution Authorizing Application for, and Receipt of, REAP 2.0 Grant Program Funds through the San Joaquin Council of Governments

4.14 AWARD CONSTRUCTION CONTRACT TO KNIFE RIVER FOR THE CONSTRUCTION OF PAVEMENT REHABILITATION, CIP PS 24-29 AND

APPROVE BUDGET AMENDMENT
Adopt Resolution to Award a Construction Contract to DSS Company dba Knife River Construction for Construction of CIP PS 24-29 Pavement Rehabilitation and Approve Budget Amendment

4.15 CREATE CIP GG 24-33 SCADA INTEGRATION AND MAINTENANCE,

RATIFY THE PROFESSIONAL SERVICE AGREEMENT WITH MCC

CONTROLS LLC, DBA PRIMEX AND APPROVE RELATED BUDGET

AMENDMENTS
Adopt Resolution Creating CIP GG 24-33 SCADA Integration and Maintenance, Ratify the Professional Service Agreement with MCC Controls LLC, dba Primex and, Approve Related Budget Amendments 7 April 8, 2024 Lathrop City Council Regular Meeting Agenda Page 7

5. SCHEDULED ITEMS

5.1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER ADOPTING THE LATHROP ACTIVE TRANSPORTATION PLAN, CIP PS 22- 17
Council to Consider the Following:

1. Hold a Public Hearing; and

2. Adopt Resolution Certifying and Adopting the Lathrop Active Transportation Plan, CIP PS 22-17

5.2 PUBLIC HEARING ( PUBLISHED NOTICE) TO FORM COMMUNITY FACILITIES DISTRICT NO. 2024-1 (EAGLES LANDING SERVICES) Council to Consider the Following:

1. Hold a Public Hearing; and

2. Adopt Resolution of Formation of the Community Facilities District 2024-1 (Eagles Landing Services); and

3. Adopt Resolution Calling Special Election for the Community Facilities District No. 2024- 1 (Eagles Landing Services); and

4. Adopt Resolution Declaring Results of Special Election and Direct Recording of Notice of Special Tax Lien for the
Community Facilities District No. 2024- 1 ( Eagles Landing Services); and

5. Introduce Ordinance Levying Special Taxes Within Community Facilities District No. 2024- 1 (Eagles Landing Services)

5.3 DISCUSS AND CONSIDER OPTIONS TO INSTALL A FENCE OR WALL ON

MCKEE BOULEVARD FROM RIVER ISLANDS PARKWAY TO TOWNE

CENTRE DRIVE
Discuss and Consider Options to Install a Fence or Wall on McKee Boulevard from River Islands Parkway to Towne Centre Drive

6. COUNCIL COMMUNICATIONS

6.1 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S)
Ava Community Energy ( Diallo/ Torres-O’Callaghan)
Central Valley Executive Committee/ LOCC ( Akinjo/ Diallo) Council of Governments (Lazard/Diallo)
Integrated Waste Management Solid Waste Division ( Akinjo/ Torres- O’Callaghan) Local Agency Formation Commission ( LAFCo) ( Diallo)
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) 8 April 8, 2024 Lathrop City Council Regular Meeting Agenda Page 8

6.2 MAYOR & COUNCILMEMBER COMMENT( S)

7. ADJOURNMENT
Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
9 PAGE LEFT

INTENTIONALLY
BLANK
10 11
12 13
14 15
16 17
18 19
20 21
22 ITEM 4. 3

CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
24- 457 OF THE CITY COUNCIL OF THE CITY OF

LATHROP AMENDING THE LATHROP MUNICIPAL

CODE ( LMC) TO REGULATE SHORT- TERM RENTALS

AND BICYCLE VIOLATIONS BY ADDING NEW
CHAPTERS TO TITLE 5, BUSINESS LICENSES AND
REGULATIONS, AND TITLE 9, PUBLIC PEACE AND

WELFARE
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 24- 457 Amending the Lathrop Municipal Code ( LMC) to
Regulate Short -Term Rentals and Bicycle Violations
by Adding New Chapters to Title 5, Business Licenses
and Regulations, and Title 9, Public Peace and
Welfare
RECOMMENDED ACTION:

The City Council to conduct a second reading and adopt Ordinance 24- 457 entitled:

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

LATHROP MUNICIPAL CODE ( LMC) TO REGULATE SHORT- TERM RENTALS AND BICYCLE VIOLATIONS BY ADDING NEW CHAPTERS TO TITLE 5, BUSINESS LICENSES AND REGULATIONS, AND TITLE 9, PUBLIC PEACE AND WELFARE
SUMMARY:

On March 11, 2024, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:

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

SUBMITTED BY:
31 eresa Vargas, h' Clerk Date
23 ORDINANCE NO. 24- 457

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

THE LATHROP MUNICIPAL CODE ( LMC) TO REGULATE SHORT- TERM

RENTALS AND BICYCLE VIOLATIONS BY ADDING NEW CHAPTERS TO TITLE 5, BUSINESS LICENSES AND REGULATIONS, AND TITLE 9, PUBLIC PEACE

AND WELFARE
WHEREAS, the City of Lathrop does not allow short- tem rentals within the City; and
WHEREAS, the proposed ordinance will provide clarity and prevent any uncertainties in regard to the permissibility of short- tem rentals within the City; and WHEREAS, negative consequences associated with short- tem vacation rentals include, but are not limited to, contributing to affordable housing shortages, generating complaints about parking, noise, and refuse, and posing a risk to the character of residential neighborhoods by providing access to transient occupants; and
WHEREAS, the proposed ordinance aims to address these issues by prioritizing affordable housing for long- term renters, supporting the traditional lodging industry where short- tem occupancy is appropriate and allowed, and promoting the safety and character of residential neighborhoods; and WHEREAS, the proposed ordinance is intended to prohibit short- tem vacation rentals to ensure the protection of public health, safety, and general welfare, and reduce the costs associated with addressing service requests arising from short- tem rentals; and
WHEREAS, our officers and community members encounter recurring issues that involve individuals riding their bicycles recklessly on City streets and other public places; and
WHEREAS, due to the frequent recurrence of reckless bicycle riding by individuals, the City has determined it necessary to propose an Ordinance to authorize the Lathrop Police Department to impound bicycles used to violate the California Vehicle Code; and
WHEREAS, this proposed ordinance will provide the police department with the legal framework needed to intervene and impound bicycles when individuals violate the California Vehicle Codes, ensuring accountability and discouraging repeat offenses; and
WHEREAS, this proposed ordinance is intended to reinforce the importance of compliance with traffic laws, create an environment that promotes safer streets, and provide traffic education to members of our community and instill a greater sense of accountability to deter similar behavior in the future; and Ordinance No. 24- 457
24 WHEREAS, proper notice of the public hearing held on March 11, 2024 was given in all respects as required by law; and
WHEREAS, the City Council of the City of Lathrop has duly considered all written evidence and oral testimony presented during the March 11, 2024 public hearing.

NOW THEREFORE, BE IT ORDAINED, that the City Council of the City of Lathrop, based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby approve the Lathrop Municipal Code amendments as shown on Attachment B and C of the staff report dated March 11, 2024 and incorporated by reference herein.

Section 1.

Title 5 of the Lathrop Municipal Code titled " Business Licenses and Regulations" is hereby amended by adding new Chapter 5. 10 entitled " Short -Term Rental Prohibition". Title 9 of the Lathrop Municipal Code titled " Public Peace and Welfare" is hereby amended by adding new Chapter 9. 28 entitled " Bicycles Used in Violation of the California Vehicle Code".

Section 2.

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

Section 3. Severability.

If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

Section 4. Effective Date.

This Ordinance shall take legal effect 30 days from and after the date of its passage.

Section 5. Publication.

Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.

Ordinance No. 24- 457
25 THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 11th day of March 2024, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 24- 457
26 ITEM 4.

CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM:

RECOMMENDATION:

RATIFY THE PURCHASE WITH CDW- G FOR A

CYBER SECURITY RELATED SOFTWARE

SUBSCRIPTION
Adopt a Resolution Ratifying the Purchase with
CDW- G for a Cyber Security Related Software
Subscription
SUMMARY:

On March 11, 2024, City Council approved for the Information Systems Department ISD) to increase the budget for software subscriptions related to cyber security. The increase in funding was essential to maintain the ongoing enhancement of the City' s cyber security systems. However, it' s imperative to note that the details of the proposed cyber security software subscription cannot be publicly disclosed due to significant security risks associated with such sensitive information. Publishing these details could inadvertently provide malicious actors with valuable insights, potentially enabling them to exploit vulnerabilities and launch harmful cyber- attacks against our systems. Therefore, to safeguard against such threats and ensure the continued integrity of the City' scyber security infrastructure, the specific details of the software subscription must remain undisclosed.

The City Manager approved this purchase in March 2024, to expedite the implementation of the software by ISD, aligning with the urgency of achieving compliance with the rigorous standards set forth by the Department of Homeland Security ( DHS). By promptly adopting this software, the City aims to bolster its cyber security posture, thereby mitigating potential risks and ensuring adherence to regulatory standards. Moreover, maintaining compliance with these standards is essential for securing cyber insurance coverage, which not only enhances our overall cyber security resilience but also has the potential to reduce associated costs. Hence, this investment serves as a proactive measure to fortify our cyber security defenses and safeguard the integrity of our digital infrastructure.

Tonight, Staff is requesting City Council adopt a resolution to ratify the purchase order with CDW- Gfor a sum not to exceed $ 96, 836. 70for the purchase of a one ( 1) year cyber security related software subscription.

BACKGROUND:

The approval of the budget increase for cyber security software subscriptions by the City Council on March 11th, 2024, marked a significant milestone in bolstering the Cities' cyber security posture. This augmentation was specifically earmarked to cover the expenses associated with acquiring cyber security software subscriptions, essential for aligning with the rigorous standards outlined by the National Institute of Standards and Technology ( NIST). Compliance with these standards is not only 27 CITY MANAGER' SREPORT PAGE 2
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

RATIFY THE PURCHASE WITH CDW- GFOR A CYBER SECURITY RELATED

SOFTWARE SUBSCRIPTION
mandated by the Department of Homeland Security ( DHS) and the Department of Justice ( DOJ) but also required for the City to pursue State and Federal Grants in the future. Additionally, adherence to NIST guidelines enables the City to maintain its' cyber security insurance, thereby potentially reducing the overall cyber security insurance expenses incurred by the City. By investing in this initiative, the City demonstrates its commitment to proactive cyber security measures, ensuring resilience against emerging threats.

Staff requested quotes from twelve vendors and received the following responses in table 1 below.

Table 1
Vendor Total Amt
est. taxes & shipping)
CDW- G 96, 836. 70
Insight 121, 469. 80
ANS 152, 62. 84
Tonight, Staff is requesting City Council adopt
signature approval of the purchase order with
a
CDW- G
resolution
in the
to ratify
amount
the
of $
City
96, 836. 70.

Manager' s
REASON FOR RECOMMENDATION:

To ensure compliance with the requirements of the Department of Homeland Security DHS) and the Department of Justice ( DOJ), enhance the City' s cyber security posture, maintain cyber security insurance coverage, and potentially reduce insurance premiums.

FISCAL IMPACT:

There are sufficient funds in the budget for GL 1010-7- 20- 435- 10- 0as approved by the City Council on March 11th, 2024.

ATTACHMENTS:

A. Resolution Ratifying the Purchase with CDW- G for a Cyber Security Related Software Subscription
B. Redacted PO # 2024- 712 with CDW- Gfor the Cyber Security Related Software Subscription
28 CITY MANAGER' SREPORT PAGE 3
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

RATIFY THE PURCHASE WITH CDW- GFOR A CYBER SECURITY RELATED

SOFTWARE SUBSCRIPTION
APPROVALS:
ernandes
Information Systems Director
Cari
Finance D rector
Date
3/ 199/ ozpoif
Date
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
3•2g•ov1
3•Z6• tz)z-Y
Stephen J. Salvatore Date
City Manager
29 RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY

THE PURCHASE WITH CDW- G FOR A CYBER SECURITY RELATED SOFTWARE

SUBSCRIPTION
WHEREAS, on March 11, 2024, City Council approved an increased budget for the Information Systems Department ( ISD) for software subscriptions related to cyber security; and
WHEREAS, this budget augmentation may be used for expenses associated with acquiring cyber security software subscriptions, including those essential for aligning with the rigorous standards outlined by the National Institute of Standards and Technology ( NIST); and
WHEREAS, it is imperative to note that the details of the proposed cyber security software subscription cannot be publicly disclosed due to significant security risks associated with such sensitive information; and
WHEREAS, the City Manager approved this purchase in March 2024 to expedite the implementation of the software by ISD, aligning with the urgency of achieving compliance with the rigorous standards set forth by the Department of Homeland Security ( DHS).

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify the City Manager' s approval of the purchase order with CDW- G in the amount of $ 96, 836. 70for a cyber security software subscription. 30 The foregoing resolution was passed and adopted this 8th day of April 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 31 DocuSign Envelope ID: 6C9D2D6F- 1AC5- 4703- 9B0D- CEBD747EE259 Attachment B The parties to this agreement
are:

Vendor No. 1568
COW Govemment, Inc
75 Remittance Or, Suite 1515
Chicago, IL 60675- 1515
W 390 Towne Centre Dr
Lathrop, CA 95330
0 W 390 Towne Centre Dr
2 Lathrop, CA 95330
ci
Purchase Order
No. 2024- 00000712
Date 3/ 25/024
Resolution

PURCHASE ORDER NUMBER MUST

APPEAR ON ALL INVOICES, SHIPPERS, BILL

OF LADING AND CORRESPONDENCE

DELIVER BY

SHIP VIA

FREIGHT TERMS
PAGE

ORIGINATOR
1 of 3
Emily Malay
1 " II ! i ' i 1 . 1: ilT 1 j I„ ".I 1'. I

2. 00

2. 00

1. 00

1. 00

1. 00

1. 00
EACH
EACH
EACH
EACH
EACH
EACH
20, 867. 0100
4, 731. 3500
3, 057. 5300
42, 031. 5900
492.400

58. 4200
The contractor agrees to fumish 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.)
Doc. ab. wby:
rte_Fut,. 0jws 3/ 26/024

CITY OF LATHROP

RECOMMENDED FOR APPROVAL
CITY Of LATHROP

APPROVED BY
Special Instructions
DATE
LOMA Stt4AUI" x7erun un, vcw
41, 734. 02
9, 462. 70
3, 057. 53
42, 031. 59
492.4

58. 42
96, 836. 70
3/ 26/024
VENDOR ( Signature)

DATE APPROVED BY DATE
Tim Sharkey 3/ 26/024
VENDOR ( Pant Name)

APPROVED BY DATE

32 DocuSign Envelope ID: 6C9D2D6F- 1AC5- 4703- 9BOD- CEBD747EE259

STANDARD PURCHASE ORDER

TERMS AND CONDITIONS

1. ACCEPTANCE. Acceptance of this Purchase Order. whether by written acknowledgement or by performance by Seller, shall be upon the terms atd conditions hereof; no other terms or conditions shall be binding on Buyer unless written approval thereof specifically referring to such other terms and conditions shall have been given to Seller.

INVOICES_ Separate invoice 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. Faihre to show said items may result in delay of paymect with all rights reserved. including cash eh: cou ts. The Vendor name on this Purchase Orderresutted from a quotation signed in the same name. Payment will not be made to a firm name other than thatshown on the face hereof without written assignment

3. PAYMENT TERMS. Seller shall receive payment either by One - Time payment ( Lump Sum), Monthly or Quarterly ITEMIZED LNVOICE. All payments are in anears.

4. ORDER CHANGES. The Buyer shall haw the right from time to time by written notices to make changes in quantities andror delivery dates of any article, material or services covered by this Purchase Order prior to the time the item re items are actually placed into final production by the Seller. Ifsuch changes are made after the article. material, or services are placed into furl production by the Seller and such changes cause a substantial increase or decrease in Sellers performance will be made and this order will be modified in writing accordingly, provided that any claim for adjustment mist be asserted by the Seller within a reasonabk time ( in no case to exceed twenty days) after the change is ordered
S. SH/ PPING. Seller will indicate plainly the Purchase Order Number on all bills oflading, all pods shipped pursuant to said order. and on all invoices, freight bills, and packages. Each package must contain a memorandum showing Seller' sname. contents of package. and Purchase Order Number.

Shipments of goods specified on this Purchase Order number should result in lowest possable freight rate unless otherwise specified by Buyer. Pantiles or increased charges due to failure to observe this provision will be charged to Seller.

Shipping cost 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 ofvalue to carried; except where shipment is subject to released value ratings.

Any materials supplied to City which are covered by the OSHA Hared Communication Standard must be accompanied by the applicable Material Safety Data Sheet ( MSDS) at the time ofdelivery.

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 ofthe essence

7. TERMINATION. Buyer may terminate all or part of this contract, with or without cause. If buyer temunates without cause, then Buyer shall pay all reasonable termination charges incurred by Seller.

S. DECLINE IN PRICES. Buyer shall be protected in the event of declining prices on the undelivered portion of this Purchase Order. If pica decline got items ordered, Seller may elect to mat priced reductions or other vendors. or is own lower prices to other purchasers, but ifSella 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 MAJEURE. Neither Seller nor Buyer shall be liable for nonperformance due to causes beyond reasonable control. Where only a part of Seller' s
capacity to pedant is excused under this paragraph, Seller must allocated production and deliveries among the various customers then nudes contract for similar goods during the period. The allocation must be made in a fair and equitable manner. Where either Seller or Buyer chains an excuse for nonperformance coder this paragraph, it moat give notice in 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 accused cause. No goods are to be tendered by Seller after the expiration of the terms specified in this Purchase Order without consent ofBuyer.

10. WARRANTY. Seller warrants that all articles and services covered by this Purchase Older will conform to drawings. specifications. or samples and will be merchantable and of goal material, design and workmanship, flee from all defects. and suitable for the use intended.

All articles will be subject to Buyer' sinspection and rejection at the place ofdelivery. Defective articles may be tettrned to the Sella for full credit or replacement at the Sellers risk and expense, including transportation charges both ways. but no defective articles shall be replaced without formal replacement order signed by the Buyer.

11. ASSIGNMENT. Neither party shall assign or transfer this Rrchase Order without the written consent of the other.

12. LNDEMNITi'. SELLER WARRANTS THAT GOODS F[. RNLSHED UNDER TIES PURCHASE ORDER DO NOT INFRINGE ANY PATENT. TRADEMARK, OR TRADE NAME, OR COPYRIGHT AND AGREES TO INDEMNIFY AND SAVE HARMLESS BUYER OR ITS VENDEES FROM An AND ALL CLAIMS, SUITS, LLABILITIES, DAMAGES, LOSSES, OR EXPENSES INCURRED BY BUYER OR ITS VENDEES BY REASON OF ANY ALLEGED INFRINGEMENT OF ANY SUCH RIGHTS.
33 DocuSign Envelope ID: 6C9D2D6F- 1AC5- 4703- 9BOD- CEBD747EE259 PAGE 3 OF 3
SELLER SHALL INDEkiNIFF AND HOLD HARMLESS BUYER AND ITS AGEN' T' S AND EMPLOYEES FROM AN AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDLNG ATTORNEY' SFEES, ARISING OL7 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 CONCURRING FAULT, EACH PARTY SHALL BEAR ITS SHARE OF THE LOSS. 13_ BUYER' SPROPERTY. Any property of Buyer in Sellers active or constructive possesLion or custody hereunder will be at Sellers risk. 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. SellerWarrants:
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 1938, 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. or as amended. that Seller will comply with all applicable laws, miles and regulations of federal, state and local governments and agencies, thereof including but not limited to Executive Orders 11246, 11701. and section 503 ofPublic Law 93- 112. The Rehabilitation Act of 1973. the provisions of The Americans and Disabilities Act. Transient Employes Law ( 285.30 R S. Mo et seq.) and Excessive U: nemptoyment 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' S COMPENSATION, EMPLOYER' SLIABILITY, AND GENERAL LIABILITY. When work is perfonaed on Buyer' s premises_ Seller agrees to carry at Seller' sown expense. a) Waaker' sCompensation and Employer' s Liability Insurance. b) General liability ( including Contractual Liability and Products Liability Completed Operations) fsurance 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' Risk Management upon request of Buyer.

16. LNSOLVENCY. IfSeller shall become insolvent, file a petition in bankruptcy, or shall make an assignment forthe benefit of creditors. or if a receiver or trustee shall be appointed of or for any of Seller' s property or business,
option without liability.
tie Purchase Order may be cancelled at Buyer' s

17. TAXES. Sena agrees to cooperate with Buyer in opposing the imposition 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 Buyer.

18. FOREIGN SHIPMENTS. Foreign shipments mast be preceded by execution of formal Consular Invoice. At time of shipment, Ocean Bills ofLading, Consular Invoice, and Commercial Invoices, in triplicate, shall be forwarded directly to the Purchasing Agent issuing this Purchase Order.
c)

19. VENUE. This Purchase Order shall be governed by the law of the State ofCalifornia_

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 not , under provisions of Section 401 or 505 of said act, be introduced into interstate come, 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 Seller hereby ages 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 byany 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 toBuyer 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 Seiler, the written contract shall prevail.
22_ REVIEW OF RECORDS. During the term of the purchase order.' agzrement and for three years thereafter, City of Lathrop ( City) shall have the right to review Seller' srecords, only for the purposes of vexifjing claims for payment and compliance with the terms and conditions of the purchase order+ agreement for at least three years after foal payment.

23. OFFSETTING BILLS. City reserves the right to apply offsetting paynients for goods and/ or services that are due against delinquent utility bills which are due City.
24_ NON- EXCLUSIVE AGREEMENT. The purchase order is a non- exclusive contract and City reserves the right to purchase same or hike materials and/ or services from other sources as City deems necessary and appropriate. 34 DocuSign Envelope ID: 6C9D2D6F- 1AC5- 4703- 9B0D- CE8D747EE259 Thank you for choosing CDW. We have received your quote.

CDINa Hardware Software Services IT Solutions Brands Research Hub

QUOTE CONFIRMATION

TONY FERNANDES,
Thank you for considering CDW• G for your technology needs. The details of your quote are below. If you are an eProcurement or simile sign on customer, please Ioa into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing.

For all other customers, click below to convert your quote to an order.

Convert Quote to Order
ACCOUNT MANAGER NOTES: Thank You.

QUOTE * QUOTE DATE QUOTE REFERENCE CUSTOMER * GRAND TOTAL 3/ 14/ 2024 1652748 96, 836. 70y_

QUOTE DETAILS
ITEM
Mfg. Part
UNSPSC:

Electronic distribution - NO MEDIA
Contract: MARKET
Mfg.

UNSPSC: Part
Electronic distribution - NO MEDIA
Contract: MARKET
Mfg.

UNSPSC: Part
Electronic distribution - NO MEDIA
Contract: MARKET
Mfg. Part*
Electronic distribution - NO MEDIA
Contract: MARKET
Mfg. Parte:

Electronic distribution - NO MEDIA
Contract: MARKET
QTY
2 2
1 1
1 CDW* UNIT PRICE
20, 867. 01
EXT. PRICE
41, 734. 02
4, 731. 35 $ 9, 462. 70
3, 057. 53 $ 3, 057. 53
42, 031. 59 $ 42, 031. 59
492.4 $ 492.4
35 DocuSign Envelope ID: 6C9D2D6F- 1AC5- 4703- 9803- CEBD747EE259 QUOTE DETAILS ( CONT.)
1 $ 58. 42
Mfg. Part*:

Electronic distribution - NO MEDIA
Contract: MARKET

58. 42
punctual* BILLING INFO
Billing Address:

C11Y OF LATHROP

ACCTS PAYABLE
390 TOWNE CENTRE DR
LATHROP, CA 95330-58
Phone: ( 209) 941- 7200
Payment
Terms: NET 30 -VERBAL
Sales Contact Info

SUBTOTAL

SNIPPING

SALES TAX

GRAND TOTAL

DELIVER TO
Shipping Address:

CITY OF LATHROP

TONY FERNANDES
390 TOWNE CENTRE DR
LATHROP, CA 95330-58
Phone: (209) 941- 7200
Shipping Method: ELECTRONIC DISTRIBUTION
Please remit payments to:

CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675- 1515
Tim Sharkey I ( 877) 881- 6919 I
timshar a7c wq. com
96, 836. 70

0.0 0.0
96, 836. 70
Need Help?
II My Account Support
Ab9ut Us I privacy Policy 1 Terms and Conditions
This order Is subject to CDW' s Terms and Conditions of Sales and Service Projects at http: //www. cdwa.om/ cantent/ terms- conditions/ product- sales. aso, For more Information, contact a CDW account manager.
2024 CDWG LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 1 800.08. 4239 Cali 800. 4239

36 ITEM 4. 5

CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM:

RECOMMENDATION:

RATIFY THE AGREEMENT WITH ICU
TECHNOLOGIES INC. FOR THE CAMERA

SURVEILLANCE SYSTEM FOR THE LATHROP

POLICE DEPARTMENT EVIDENCE BUILDING
CIP GG 21- 13
Adopt a Resolution Ratifying the Agreement
with ICU Technologies, Inc. for the Camera
Surveillance System for the Lathrop Police
Department Evidence Building CIP GG 21- 13
SUMMARY:

At the June 12, 2023, City Council Meeting, Council approved the budget and awarded the contract for the construction of an evidence building for the Lathrop Police Department. The construction of this building is almost complete and ready for technological components to be installed. Network infrastructure equipment, computers, monitors, cyber security hardware along with technology used to analyze evidence will be installed after the building is accepted. It is crucial that the City utilizes technology to help protect these assets and deter any malicious activity.

Surveillance cameras provide the Lathrop Police Department a critical tool for investigations while mitigating potential vandalism, theft, and damage during construction. The camera surveillance system would deter vandalism or other criminal activities surrounding a critical building holding sensitive evidence in active criminal investigations.

Staff requested proposals from ICU Technologies, Inc. ( ICU) for the hardware, licensing and services required at the evidence building. ICU Technologies, Inc. currently holds an active contract with the U. S. General Services Administration GSA) in Security & Protection and Information Technology Hardware & Software and is an authorized seller of surveillance cameras that meets the hardware specification of the City' s standard surveillance camera. Furthermore, ICU is certified to perform the configuration and installation of these cameras. ICU presented a proposal for a total of $249, 919. 10to provide, configure and install the surveillance cameras and the licensing and this price is equal to the price listed on their GSA contract.

Due to supply chain constraints and demand, there is a long lead time for the required equipment to be shipped. Due to the extended lead time, to provide the Lathrop Police department with a tool to utilize in the event of vandalism and to deter any malicious activities, the City Manager signed the agreement in March 2024, with ICU for the camera surveillance system for the Lathrop Police Department Evidence building.
37 CITY MANAGER' SREPORT PAGE 2
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
RATIFY THE AGREEMENT WITH ICU TECHNOLOGIES INC. FOR THE

CAMERA SURVEILLANCE SYSTEM FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
Tonight, Staff is requesting City Council adopt a resolution to ratify the agreement with ICU Technologies, Inc. for a sum not to exceed $ 249, 919. 10for the Lathrop Police department Evidence Building surveillance cameras and licensing.

BACKGROUND:

At the June 12, 2023, City Council Meeting, Council approved the budget and awarded the contract for the construction of an evidence building for the Lathrop Police Department. This building will become a critical asset for the Lathrop Police department, especially during investigations. The construction of this building is almost complete and ready for technological components to be installed. This equipment has a long lead time due to supply chain and demand, therefore staff is preparing for the new building by ordering equipment now.

After the building is accepted, the technology used to process evidence along with network infrastructure, computers, monitors, and other technological equipment will be installed. Cyber security equipment and data backup servers are crucial to the protection of the data being processed and the technological evidence being stored in the building. It is crucial that the City utilizes technology to help protect these assets and deter any malicious activity. Surveillance cameras can be a deterrent for malicious activities and provide an investigative tool for the Lathrop Police department in the event of an incident.

ICU Technologies, Inc. currently holds an active contract with the U. S. General Services Administration ( GSA) - GSA Contract No. 47QSWA18D003K in Security & Protection and Information Technology Hardware & Software. This program, administered by the United States Government, provides government agencies with discounted pricing schedules, and establishes purchasing contracts with vendors through a competitive bidding process. The GSA' s
competitive bidding process is in
conformance with the Office of Procurement, Department of General Services of the State of California exemption as described in the Lathrop Municipal Code Section

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

Staff requested that ICU provide a proposal to provide, configure and install the surveillance cameras and licensing for the Lathrop Police department Evidence Building. ICU provided a proposal in the amount of $249, 919. 10that is equal to the pricing of their GSA Contract. Therefore, the claimed bidding exemption for the agreement to provide, configure and install the cameras and the licensing for the Lathrop Police department Evidence Building is pursuant to Lathrop Municipal Code LMC) 2. 36. 110( a).
38 CITY MANAGER' S REPORT PAGE 3
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
RATIFY THE AGREEMENT WITH ICU TECHNOLOGIES INC. FOR THE

CAMERA SURVEILLANCE SYSTEM FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
Due to supply chain demand, there is a long lead time for the required equipment to be shipped. Due to the extended lead time, to provide the Lathrop Police department with a tool to utilize in the event of vandalism and to deter any malicious activities, the City Manager signed the agreement in March 2024, with ICU for the camera surveillance system for the Lathrop Police Department Evidence building.

Tonight, Staff is requesting City Council adopt a resolution to ratify the agreement with ICU Technologies, Inc. for a sum of $ 249, 919. 10for the surveillance cameras for the Lathrop Police department Evidence Building for CIP 21- 13.

REASON FOR RECOMMENDATION:

The Camera Surveillance System procured through ICU Technologies, LLC for CIP GG 21- 13 represents an effort to utilize technology to deter crimes and expedite crime solving.

FISCAL IMPACT:

There are sufficient funds available in CIP GG 21- 13 to cover the cost and installation of a camera surveillance system procured through ICU Technologies, Inc.

ATTACHMENTS:

A. Resolution Ratifying the Agreement with ICU Technologies, Inc. to Provide, Configure and Install Camera Surveillance Systems for the Lathrop Police Department Evidence Building for CIP 21- 13
B. Agreement with ICU Technologies, Inc. to Provide, Configure and Install Camera Surveillance System at Lathrop Police Department Evidence Building CIP 21- 13
39 CITY MANAGER' S REPORT PAGE 4
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
RATIFY THE AGREEMENT WITH ICU TECHNOLOGIES INC. FOR THE

CAMERA SURVEILLANCE SYSTEM FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
APPROVALS:
eernandes Date
Information Systems Director
Cari James
Finance Director
34/ ADJ- 11
Date
2 6, • zozy
Michael King Date
Assistant City Manager
ZC` Zoty
Salvador Navarrete Date
City Attorney
St : en J. Salvatore Date
City Manager

3. 2t3 -211 -
40 RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY THE AGREEMENT WITH ICU TECHNOLOGIES INC. FOR THE CAMERA

SURVEILLANCE SYSTEMS FOR THE LATHROP POLICE DEPARTMENT
EVIDENCE BUILDING CIP GG 21- 13
WHEREAS, at the June 12, 2023, City Council Meeting, Council approved the budget and awarded the contract for the construction of an evidence building for the Lathrop Police Department for CIP GG 21- 13; and
WHEREAS, the construction of this building is almost complete and ready for technological components to be installed; and
WHEREAS, due to the extended lead time, to provide the Lathrop Police department with a tool to utilize in the event of vandalism and to deter any malicious activities, the City Manager signed the agreement in March 2024; and WHEREAS, ICU currently holds an active contract with the U. S. General Services Administration ( GSA) - GSA Contract No. 47QSWA18D003K in Security & Protection and Information Technology Hardware & Software; and WHEREAS, ICU presented proposals totaling $ 244, 919. 10at pricing equal to the contract that ICU holds with GSA and therefore, this agreement is exempt from bidding pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110( a) for the purchase, configuration and installation of the surveillance cameras and the licenses for the Lathrop Police Department Evidence Building CIP GG 21- 13.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify the agreement with ICU Technologies Inc. for the Camera Surveillance Systems for the Lathrop Police Evidence Building CIP GG 21- 13 in the amount of $ 244, 919. 0.
41 The foregoing resolution was passed and adopted this 8th day of April 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 42 City of Attachment B
Office of the City Manager
March P , 2024
390 Towne Centre Dr. - Lathrop, CA 95330
Phone ( 209) 941- 7220 - fax (209) 941- 7248
www. ci. lathrop. ca. us

NOTICE TO PROCEED
ICU Technologies, Inc.

Tommy Smith
1382 Blue Oaks Blvd, Suite # 110
Roseville, CA 95678
Dear Mr. Smith:

Enclosed please find your original executed agreement to provide the Purchase, Configuration and Installation Cameras for the Lathrop Police Department Evidence Building CIP GG 21- 13. This is your Notice to Proceed to the attached agreement.

Should you have any questions regarding the project, please contact Tony Fernandes at 209) 941- 7349, the staff member directly involved with this project.

Sincerely,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
43 DocuSign Envelope ID: 0295DA27- 3DA- 44E1- AD4B- 72F324115ED6

CITY OF LATHROP AGREEMENT BETWEEN THE CITY OF LATHROP
AND ICU TECHNOLOGIES, INC.

FOR THE PURCHASE, INSTALLATION AND CONFIGURATION OF

PIVOT TILT ZOOM ( PTZ) AND MULTI -SENSOR CAMERAS FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13 THIS AGREEMENT, dated for convenience this P1' day of March 2024, is by and made and entered into by and between ICU TECHNOLOGIES, INC. ("CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform the installation, configuration, and commissioning of multi -sensor cameras as required by this agreement; and
WHEREAS, CONSULTANT was selected by CITY pursuant to said qualifications; and
WHEREAS, CONSULTANT is willing to render such Professional Services as hereinafter defined, on the following terms and conditions; WHEREAS, the purchase from the CONSULTANT is exempt from the CITY' S standard bidding procedure pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110, as the CONSULTANT holds GSA Contract number 47QSWA18D003K in Security & Protection and Information Technology Hardware & Software and pricing is pursuant to that contract.

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

AGREEMENT
1) Scope of Service.

CONSULTANT agrees to perform the deployment, configuration, and commissioning of PTZ and multi -sensor cameras in accordance with the scope of work and fee proposal submitted by the CONSULTANT, attached as Exhibit " A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the standards of its profession and CITY' S satisfaction.
2) Compensation.

CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 133, 044. 92as described in Exhibit "A".
44 DocuSign Envelope ID: 0295DA27- 3DA- 44E1- AD4B- 72F324115ED6 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 below. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A" through Exhibit " E", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' sAuthorized Representative prior to the commencement of the work.
3) Effective Date and Term.

This agreement shall become effective on the signature date of the Department Head and CONSULTANT has been notified in writing as identified in section ( 18), and it shall terminate no later than June 30, 2024.
4) Independent Contractor Status.

It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY.

CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billings.

CONSULTANT' Sbills shall include date, date due, a list of all tasks performed by deliverable, a total amount due, the amounts previously billed, the net amount due on the invoice, and the balance remaining on the agreement and the CONSULTANT' Ssignature. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the maximum amount of compensation provided in section ( 2) for listed services or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting.

CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement. CONSULTANT shall clarify with the CITY any details of the design that are not specifically understood.

45 DocuSign Envelope ID: 0295DA27- 3DA- 44E1- AD4B- 72F324115ED6 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE 7) Assignment of Personnel.

CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, regardless of the reason, or the lack of a reason, according to the CITY' Srequest.

The services shall be performed by, or under the direct supervision, CONSULTANT' sAuthorized Representative: Tommy Smith
CONSULTANT shall not replace its Authorized Representatives without the prior written approval by the CITY.
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 CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
9) Insurance.

On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.

CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers'
sole cost
Compensation.
and expense, maintain

CONSULTANT
Statutory
shall,
Workers'
at CONSULTANT' S
Compensation
Insurance and Employer' sLiability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a selfinsurance program to meet these requirements provided that the

46 DocuSign Envelope ID: 0295DA27- 3DA- 44E1- AD4B- 72F324115ED6 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance.

CONSULTANT, at CONSULTANT' 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 a 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 there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non - owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of CONSULTANT; products and completed operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claims made basis.

47 DocuSign Envelope ID: 0295DA27- 3DA- 44E1- AD4B- 72F324115ED6 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California - admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self -Insured Retentions. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONSULTANT procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
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, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

48 DocuSign Envelope ID: 0295DA27- 3DA- 44E1- AD4B- 72F324115ED6 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
10) Indemnification - CONSULTANT' SResponsibility.

As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, that (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.

Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' Sprofession.

CONSULTANT shall indemnify, defend, and hold CITY, it officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability 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.

49 DocuSign Envelope ID: 0295DA27- 302A- 44E1- AD4B- 72F324115ED6 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE 11) Licenses.

If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses.

CONSULTANT 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 CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT 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 upon CONSULTANT' Sdelivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
14) Funding.

CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. 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.

50 DocuSign Envelope ID: 0295DA27- 3D2A- 44E1- AD4B- 72F324115ED6 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI - SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Information Systems Department
390 Towne Centre Drive
Lathrop, CA 95330
Phone: (209) 941- 7430
FAX: (209) 941- 7449
To Consultant:
16) Miscellaneous.

ICU Technologies
Tommy Smith
1382 Blue Oaks Blvd. Suite # 110
Roseville, CA 95678
Phone: (559) 280- 9333
Fax: (559) 892- 1142
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 Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
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.

51 DocuSign Envelope ID: 0295DA27- 3DA- 44E1- AD4B- 72F324115ED6 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE 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; 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.
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 CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
1)
m)
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.

Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to

52 DocuSign Envelope ID: 0295DA27- 3DA- 44E1- AD4B- 72F324115ED6 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE 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 fees,
may recover
incurred
its
or
reasonable costs, including reasonable attorney' s
expended in connection with such action against
the non -prevailing party.
17) General Contractor Responsibilities.

Neither the professional activities of CONSULTANT, nor the presence of CONSULTANT or CONSULTANTS sub -consultants shall relieve the Consultant of its obligations, duties and responsibilities.

CITY agrees that the CITY, CONSULTANT and its sub -consultants shall be indemnified by the General Contractor and shall be made additional insured under the General Contractor' general liability insurance policy and that a Waiver of Subrogation in favor of CONSULTANT will be provided under the General Contractor' sWorkers Compensation policy. CITY will require General Contractor to provide evidence of such insurance to CITY and CONSULTANT prior to General Contractor beginning work on the project.
18) Notice to Proceed.

Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.
19) 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.

53 DocuSign Envelope ID: 0295DA27- 3DA- 44E1- AD4B- 72F324115ED6 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete
Recommended By: Director of Information Systems
Approved By:

Resolution #
CONSULTANT:

DocuSigned by:

C FU : AS
lc, aDr; Atelr478..

Tony Fernandes Date
Information Systems Director
Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
3/ 21/024
Ste • -gin J. Salvatore
City Manager
ICU Technologies
Tommy Smith
1382 Blue Oaks Blvd. Suite # 110
Roseville, CA 95678
Fed ID #: 27- 3118908
Business License #: 41814
Date
DocuSigned by:

L 5/ i+ 3/ 21/024
7IClOD 1C070418...

Signature
Tommy Smith
Date
CEO
Print Name Title

54 DocuSign Envelope ID: 0295DA27- 3DA- 44E1- AD4B- 72F324115ED6 Exhibit A
IcUTECHNOLOGIES
ICU Technologies Inc.
1382 Blue Oaks Blvd, Suite 110
Roseville, CA 95678
1 5304887200
orders@icu- techinc. com
www. icu- techinc. com
ADDRESS SHIP TO ESTIMATE 2024- 1006
Tony Fernandes Tony Fernandes DATE 03/ 20/024
City of Lathrop City of Lathrop EXPIRATION 04/ 26/024
390 Towne Centre Dr 390 Towne Centre Dr DATE
Lathrop, CA 95330 Lathrop, CA 95330 USA
United States

PROJECT NAME CONTRACT
Property & Evidence GSA# 47QSWA18D003K

SIN ITEM QTY PRICE AMOUNT

8. 0C- H6A- B01- IR (deleted) 2 1, 581. 46 3, 162. 92T
8MP H6ABullet IR Camera with 4.-9. 3mm Lens

8. 0C- H6A- D01- IR (deleted) 2 1, 680. 51 3,61. 02T
8MP H6AOutdoor IR Dome Camera with 4.-9. 3mm Lens
15C- H5A- 3MH (deleted) 5 1, 866. 24 9, 331. 20T
3X5MP, WDR, 270 degree max field of view, Lightcatcher, 3.-5. 7MM, Camera Only 20C- H5A- 4MH 14 2,33. 17 31, 264. 38T
4X5MP, WDR, 360 degree max field of view, Lightcatcher, 3.-5. 7MM, Camera Only 334220 12. 0W- H5A- FE- D01- IR 9 1, 077. 64 9, 698. 76T

12. 0 MP; Fisheye Dome Camera; Day/ Night; WDR; 1. 6mm f/2. 0; Next - Generation Analytics; Integrated IR
OLM ICU- MISC- GSA 3 89. 25 267. 75T
Avigilon: CRNMT- 1001 - CORNER MNT FOR LRGE PENDT WLMT- 1001 OLM ICU- MISC- GSA 5 98. 27 491. 35T
Avigilon: WLMT- 1001 - Wall Mount for large pendant camera OLM ICU- MISC- GSA 3 143. 37 430. 11T
Avignon: H5AMH- AD- CEIL1 - In -Ceiling Mount. For use with the Avigilon H5AMulti OLM ICU- MISC- GSA 11 161. 42 1, 775. 62T
Avigilon: H5AMH- AD- DOME1 - Outdoor surface mount adapter. For use with the Avigilon H5A Multisensor
OLM ICU- MISC- GSA 5 161. 42 807. 10T
Avignon: H5AMH- AD- PEND1 - Outdoor pendant mount adapter. For use with the Avigilon H5A
Multisensor
OLM H4AMH- AD- IRIL1 19 315. 409999 5, 992. 79T
Optional IR illuminator ring, up to 30m ( 100ft), for use with H4AMH- DO- COVR1. 9 H5AMH- DO- COVR1 16 199. 20 3, 187. 20T
Dome bubble and cover, for outdoor surface mount or pendant mount, clear. For use with the Avigibn H5A Multisensor
OLM ICU- MISC- GSA 3 71. 26 213. 78T
Avignon: H5AMH- DC- CO VR 1

DocuSign Envelope ID: 0295DA27- 3D2A- 44E1- AD4B- 72F324115ED6 OLM ICU- MISC- GSA 3 2, 402. 91 7, 208. 73T
Microchip PD- 9512GC/ AC- US
334220 ACC7- ENT 32 256. 37 8, 203. 84
ACC 7 Enterprise Edition camera license
OLM ICU- MISC- GSA 1 1,33. 4215 1,33. 42T
Misc GSAinstaUation materials, including cabling, conduit, fittings, blocks, connectors, and patch cables
541330L ICU- TECH1 251 127. 27 31, 944. 77
Installation and service of access control and video surveillance field devices/ systems.
541330L ICU - Project Lead 32 162. 76 5, 208. 32
Project Lead -Manage and set schedule, coordinate with others, communicate system status.

Subtotal:
123, 683. 06
N/ A GSA- IFF 123, 683. 06 0.07556 934. 55
N/ A ICU - SHIPPING 1 1,60. 0 1,60. 0
Freight to customer location
OLM ICU- MISC- GSA 656 0. 58 380. 48T
Round -Trip Mileage from ICU HQ to Lathrop - 4 round trips x 1 vehicle - 82 miles each direction
Estimate Notes: SUBTOTAL

1. DIR# 1000064885
126,58. 09

3. 2. Email Order to orders@icu- techinc. com TAX 6, 886.3 Payment by credit card will include a 4% processing fee.

TOTAL $ 133, 044. 92
Accepted By
Accepted Date

56 A D

CERTIFICATE OF LIABILITY INSURANCE

DATE ( MMIDD/ YYYY)
3/ 21/024
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
Navo Financial, Inc. Insurance and Financial Solutions
2045 South Court Street, Suite A
Visalia CA 93277
CON tACi
NAME: Certificates
NE PANjc, N ); ( 559) 733- 5169 ( AID, No): ( 888) 456- 0130 A- MAILDDRESS: certs@navofinancial. com

INSURER( S) AFFORDING COVERAGE NAIL X
INSURER A : LANDMARK AMER INS CO 33138

INSURED
ICU Technologies Inc
1382 BLUE OAKS BLVD
Suite 110
ROSEVILLE CA 95678- 7019
INSURER B : HARTFORD ACCID & IND CO 22357
INSURER C: HUDSON INS CO 25054
INSURER D: HARTFORD CASUALTY INS CO 29424
INSURER E : GREAT AMER RISK SOLUTIONS SURPLUS LINES It 35351 INSURER F :

COVERAGES CERTIFICATE NUMBER: 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 NSURANCE 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

AUULJUEPC

INSD W VD POLICY NUMBER

POLICY EFF
IYYYY)

POLILY EXP

MM/ DD/ YYYY) LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
Y Y LHA142219 06/9/ 2023 06/9/ 2024
EACH OCCURRENCE 1, 000,00
CLAIMS - MADE X OCCUR PREMISES ( Ea occurrence) 50, 000 MED EXP ( Any one person) 5, 000
PERSONAL & ADV INJURY 1, 000,00
GEN' L
X

AGGREGATE LIMIT APPLIES
POLICY
PROJECT
OTHER:

PER:

LOC
GENERAL AGGREGATE 2, 000,00
PRODUCTS - COMP/ OAGG 2, 000,00
B

AUTOMOBILE
XHIRED

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

AUTOS ONLY
X
u/
ISCHEDULED
AUTOS

NON - OWNED

AUTOS ONLY
Y Y 5I UECBD7944 06/9/ 2023 06/9/ 2024

COMBINED SINGLE LIMI I
Ea accident) 1, 000,00
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PRUPEN
Per
1 Y UAMAL, E
accident)
C X

UMBRELLA LIAB

EXCESS LIAB

X OCCUR
CLAIMS - MADE HXS 1001910 01 06/9/ 2023 06/9/ 2024
EACH OCCURRENCE 1, 000,00
AGGREGATE 1, 000,00
DED RETENTION $
D

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
Y N / A 51 WEC BA8T7Y 01/3/ 2024 01/3/ 2025
I bN 01H - XI STATUTE ER
E. L. EACH ACCIDENT 1, 000,00
E. L. DISEASE - EA EMPLOYEE 1, 000,00
E. L. DISEASE - POLICY LIMIT 1, 000,00
E

PRODUCT LIABILITY
PL 3288670- 04 03/ 12/ 2024 03/ 12/ 2025

EACH OCC

PROD -COMP AGG
1, 000,00
2, 000,00
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may he attached if more space is required) City Of Lathrop is listed as additional insured per written contract or agreement per attached general liability and commercial auto endorsement

CERTIFICATE HOLDER CANOE
City Of Lathrop
390 Towne Centre Drive
1 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
A. 4t n
y Maces
ACORD 25 (2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
57 POLICY NUMBER: LHA142219 COMMERCIAL GENERAL LIABILITY CG 20 11 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - MANAGERS OR

LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designation Of Premises ( Part Leased To You):

ANY PREMISES REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AND AS PER PARAGRAPHS A.

AND B. BELOW
Name Of Person( s) Or Organization( s) ( Additional Insured):

ANY PERSON( S) OR ORGANIZATION( S) REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AND AS PER PARAGRAPHS A. AND B. BELOW
Additional Premium: $ INCLUDED
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury",
property damage" or " personal and advertising
injury" caused, in whole or in part, by you or
those acting on your behalf in connection with
the ownership, maintenance or use of that part of
the premises leased to you and shown in the
Schedule and subject to the following additional
exclusions:

This insurance does not apply to:

1. Any " occurrence" which takes place after you
cease to be a tenant in that premises.

2. Structural alterations, new construction or
demolition operations performed by or on
shown
behalf
in
of
the
the
Schedule.
person( s) or organization( s)
However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

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

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 2011 1219 Insurance Services Office, Inc., 2018 Page 1 of 1 58 POLICY NUMBER: LHA142219 COMMERCIAL GENERAL LIABILITY CG 20 18 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED -

MORTGAGEE, ASSIGNEE OR RECEIVER
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name( s) Of Person( s) Or Organization( s) Designation Of Premises

ANY PERSON( S) OR ORGANIZATION( S) REQUIRED

BY WRITTEN CONTRACT OR AGREEMENT AND AS
PER PARAGRAPHS A., B., AND C. BELOW
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to their liability as mortgagee,
assignee or receiver and arising out of the
ownership, maintenance or use of the premises by
you and shown in the Schedule.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

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

B. This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 2018 1219 Insurance Services Office, Inc., 2018 Page 1 of 1 D 59 POLICY NUMBER: LHA142219 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location And Description Of Completed Operations

ANY PERSON( S) OR ORGANIZATION( S) REQUIRED

BY WRITTEN CONTRACT OR AGREEMENT AND AS
PER PARAGRAPHS A. AND B. BELOW
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury" or
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 included
in the " products -completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

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

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 60 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location( s) Of Covered Operations

ANY PERSON( S) OR ORGANIZATION( S) REQUIRED

BY WRITTEN CONTRACT OR AGREEMENT AND AS
PER PARAGRAPHS A., B., AND C. BELOW
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but 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( s) at the location( s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

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

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to " bodily injury" or
property damage" occur- ing after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project ( other than 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
CG 2010 1219 Insurance Services Office, Inc., 2018 Page 1 of 2 61 2. 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.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section 111— Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 10 12 19 Insurance Services Office, Inc., 2018 Page 2 of 2 62 POLICY NUMBER: LHA142219 COMMERCIAL GENERAL LIABILITY CG 20 12 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:

ANY STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION TO WHOM

OR TO WHICH YOU ARE OBLIGATED BY THE ISSUANCE OR EXISTENCE OF A WRITTEN PERMIT TO PROVIDE INSURANCE SUCH AS IS AFFORDED BY THIS POLICY.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:

1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.

However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

2. This insurance does not apply to:
a. "Bodily injury", " property damage" or
personal and advertising injury" arising out
of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or " property damage"
included within the " products -completed
operations hazard".

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 12 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 63 POLICY NUMBER: LHA142219 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT - AGGREGATE LIMITS OF INSURANCE

PER PROJECT)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

The General Aggregate Limit under LIMITS OF INSURANCE ( SECTION III) applies separately to each of your projects away from premises owned by or rented to you.

CG 25 0311 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 64 Policy Number: LHA142219 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 65 LANDMARK AMERICAN INSURANCE COMPANY
This Endorsement Changes The Policy. Please Read It Carefully.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST

OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE FORM

SCHEDULE
Name of Person or Organization:

Any Person or Organization As Required By Written Contract The following is added to SECTION IV — CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US:

We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, "your product" or " your work" done under a written contract with that person or organization and included in the " product -completed operations hazard". This waiver applies only to the person or organization shown in the SCHEDULE above.

This endorsement effective 6/ 9/ 2023
forms part of Policy Number LHA142219
issued to ICU TECHNOLOGIES INC
by Landmark American Insurance Company
RSG 14048 1008 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission.
66 COMMERCIAL AUTOMOBILE
HA99161221
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE BROAD FORM

ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the " insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.

1. BROAD FORM INSURED
Paragraph . 1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add the following:
d. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the Declarations
is amended to include:
1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.

However, the Named Insured does not
include any subsidiary that is an " insured"
under any other automobile policy or
would be an " insured" under such a policy
but for its termination or the exhaustion of
its Limit of Insurance.
2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
a) That is a partnership or joint venture,
b) That is an " insured" under any other
policy,
c) That has exhausted its Limit of
Insurance under any other policy, or
d) 180 days or more after its acquisition
or formation by you, unless you have
given us notice of the acquisition or
formation.

Coverage does not apply to " bodily injury"
or " property damage" that results from an
accident" that occurred before you
formed or acquired the organization.
g.
e. Employees as Insureds
1). Any " employee" of yours while using a
covered " auto" you don' t own, hire or
borrow in your business or your personal
affairs.
f. Lessors as Insureds
1). The lessor of a covered " auto" while the
auto" is leased to you under a written
agreement if:
a) The agreement requires you to
provide direct primary insurance for
the lessor and
b) The " auto" is leased without a driver.

Such a leased " auto" will be considered a
covered " auto" you own and not a covered
auto" you hire.

Additional Insured if Required by Contract
1) When you have agreed, in a written
contract or written agreement, that a
person or organization be added as an
additional insured on your business auto
policy, such person or organization is an
insured", but only to the extent such
person or organization is liable for " bodily
injury" or " property damage" caused by
the conduct of an " insured" under
paragraphs a. or b. of Who Is An Insured
with regard to the ownership,
maintenance or use of a covered " auto."
The insurance afforded to any such
additional insured applies only if the
bodily injury" or " property damage"
occurs:
a) During the policy period, and
b) Subsequent to the execution of such
written contract, and
Form HA 99 16 12 21
2021, The Hartford
Includes copyrighted material of Insurance Services Office, Inc. with its permission.)

67 c) Prior to the expiration of the period of
time that the written contract requires
such insurance be provided to the
additional insured.
2) How Limits Apply
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the most we will
pay on behalf of such additional insured is
the lesser of:
a) The limits of insurance specified in the
written contract or written agreement;
3)
or
b) The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to Limits of Insurance shown in
the Declarations and described in this
Section.

Additional Insureds Other Insurance
If we cover a claim or " suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or " suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract or written agreement that
this insurance is primary and
non- contributory with the additional
insured' s own insurance.
4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the additional
insured shall be required to comply with
the provisions in LOSS CONDITIONS 2. -

DUTIES IN THE EVENT OF ACCIDENT,
CLAIM , SUIT OR LOSS — OF SECTION
IV — BUSINESS AUTO CONDITIONS, in
the same manner as the Named Insured.

2. Primary and Non -Contributory if Required
by Contract
Only with respect to insurance provided to an
additional insured in A. 1.g. - Additional
Insured If Required by Contract, the following
provisions apply:
1) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be primary.

If other insurance is also primary, we will
share with all that other insurance by the
method described in Other Insurance 5. d.
2) Primary And Non -Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract or
written agreement that this insurance is
primary and non- contributory with the
additional insured' s own insurance, this
insurance is primary and we will not seek
contribution from that other insurance.

Paragraphs ( 1) and ( 2) do not apply to other
insurance to which the additional insured has
been added as an additional insured.

When this insurance is excess, we will have
no duty to defend the insured against any
suit" if any other insurer has a duty to defend
the insured against that " suit". If no other
insurer defends, we will undertake to do so,
but we will be entitled to the insured' srights
against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
2) The total of all deductible and self -insured
amounts under all that other insurance.

We will share the remaining loss, if any, by
the method described in SECTION IV -
Business Auto Conditions, B. General
Conditions, Other Insurance 5. d.

3. AUTOS RENTED BY EMPLOYEES
Any " auto" hired or rented by your " employee" on
your behalf and at your direction will be
considered an " auto" you hire.

The SECTION IV- Business Auto Conditions, B.

General Conditions, 5. OTHER INSURANCE
Condition is amended by adding the following:
e. If an " employee' s" personal insurance also
applies on an excess basis to a covered
auto" hired or rented by your " employee" on
your behalf and at your direction, this
insurance will be primary to the " employee' s"
personal insurance.

68 4. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in -force covering all of your
employees".

Coverage is excess over any other collectible
insurance.

5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired " autos" are covered " autos" for Liability
Coverage and if 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 or
borrow, subject to the following limit.

The most we will pay for "loss" to any hired " auto"
is:
1) $100, 00;
2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned " auto" for that coverage.

No deductible applies to " loss" caused by fire or
lightning. Hired Auto Physical Damage coverage
is excess over any other collectible insurance.

Subject to the above limit, deductible and excess
provisions, we will provide coverage equal to the
broadest coverage applicable to any covered
auto" you own.

We will also cover loss of use of the hired " auto" if
it results from an " accident", you are legally liable
and the lessor incurs an actual financial loss,
subject to a maximum of $1000 per "accident".

This extension of coverage does not apply to any
auto" you hire or borrow from any of your
employees", partners ( if you are a partnership),
members ( if you are a limited liability company),
or members of their households.

6. PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A. 4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $ 50 per day and a maximum limit of
1, 000.

7. LOAN/EASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total " loss" to a
covered " auto", we will pay your additional legal
3)
obligation for any difference between the actual
cash value of the " auto" at the time of the " loss"
and the " outstanding balance" of the loan/ease.

Outstanding balance" means the amount you
owe on the loan/ease at the time of " loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges resulting
from overdue payments; additional mileage
charges; excess wear and tear charges; lease
termination fees; security deposits not returned by
the lessor; costs for extended warranties, credit
life Insurance, health, accident or disability
insurance purchased with the loan or lease; and
carry- over balances from previous loans or
leases.

8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

9. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs B. 4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4. c. and 4. d. do not apply to
equipment designed to be operated solely by
use of the power from the " auto' s" electrical
system that, at the time of "loss", is:
1) Permanently installed in or upon the
covered " auto";
2) Removable from a housing unit which is
permanently installed in or upon the
covered " auto";
An integral part of the same unit housing
any electronic equipment described in
Paragraphs ( 1) and ( 2) above; or
4) Necessary for the normal operation of the
covered " auto" or the monitoring of the
covered " auto' s" operating system.
b. Section III, Physical Damage Coverage, Limit
of Insurance, Paragraph C. 2. is amended to
add the following:
1, 500 is the most we will pay for " loss" in
any one " accident" to all electronic equipment
other than equipment designed solely for the
reproduction of sound, and accessories used
with such equipment) that reproduces,
receives or transmits audio, visual or data
signals which, at the time of "loss", is:
3)
Form HA 99 16 12 21 Page 3 of 5
69 1) Permanently installed in or upon the
covered " auto" in a housing, opening or
other location that is not normally used by
the " auto" manufacturer for the installation
of such equipment;
2) Removable from a permanently installed
housing unit as described in Paragraph

2. a. above or is an integral part of that
equipment; or
3) An integral part of such equipment.
c. For each covered " auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $ 250, whichever
deductible is less.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
auto" to you.

11. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

No deductible applies to glass damage if the glass
is repaired rather than replaced.

12. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

If another Hartford Financial Services Group, Inc.
company policy or coverage form that is not an
automobile policy or coverage form applies to the
same " accident", the following applies:
1) If the deductible under this Business Auto
Coverage Form is the smaller ( or smallest)
deductible, it will be waived;
2) If the deductible under this Business Auto
Coverage Form is not the smaller ( or
smallest) deductible, it will be reduced by the
amount of the smaller ( or smallest)
deductible.

13. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2. a. -

DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that 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.

14. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage Form
because of such failure.

15. HIRED AUTO - COVERAGE TERRITORY

SECTION IV, BUSINESS AUTO CONDITIONS,
PARAGRAPH B. GENERAL CONDITIONS, 7. -
POLICY PERIOD, COVERAGE TERRITORY - is
added to include the following:
6) For short- tem hired " autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
insured' s" responsibility to pay damages for
bodily injury" or " property damage" is
determined in a " suit," the " suit" is brought 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.

16. WAIVER OF SUBROGATION
Paragraph 5. TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US - of

SECTION IV - BUSINESS AUTO CONDITIONS
A. Loss Conditions is amended by adding the
following:

We waive any right of recovery we may have
against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damages
under this Coverage Form.

17. RESULTANT MENTAL ANGUISH COVERAGE
The definition of " bodily injury" in SECTION V -
DEFINITIONS, C. is replaced by the following:

Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.

18. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies except
as follows:

If we cancel for any reason other than
nonpayment of premium, we will mail or deliver to
the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.

70 19. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a " non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical Damage
Coverages are amended as follows:
a. If the auto is replaced with a " hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%, to
a maximum of $ 2, 500, of the " non -hybrid"
auto' s actual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
loss" is $ 10, 000.

For the purposes of the coverage provision,
a. A " non -hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b. A " hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.

20. VEHICLE WRAP COVERAGE
In the event of a total loss to an " auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:

In addition to the actual cash value of the " auto",
we will pay up to $ 1, 000 for vinyl vehicle wraps
which are displayed on the covered " auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one " loss" is $ 5, 000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.

Form HA 99 16 12 21 Page 5 of 5
71 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CHANGE IN INFORMATION PAGE
INSURER: Hartford Casualty Insurance Company
NCCI Company Number: 14397 Audit Period: ANNUAL
Policy Effective Date: 01/3/ 24 Policy Expiration Date: 01/3/ 25 Policy Number: 51 WEC BA8T7Y Endorsement Number: 002
Effective Date: 03/ 22/4 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: ICU TECHNOLOGIES INC
1382 BLUE OAKS BLVD STE 110
ROSEVILLE CA 95678
FEIN Number: 27- 3118908
Producer Name: NAVO FIN INC INS AND FIN SOLUTIONS
It is agreed that the policy is amended as follows:

Producer Code: 51135504
This is NOT a bill. However, any changes in your premium will be reflected in your next billing statement. You will receive a separate bill from The Hartford.

In consideration of an additional premium of $ 131, it is agreed that:

Policy is amended to add the following condition( s):

Waiver of Our Right to Recover from Others Endorsement
Policy is amended to add the following Endorsement Forms reflecting the changes made to your policy.

WC040306
WC990006A(. 2)
Policy is amended to revise the following Endorsement Forms reflecting the changes made to your policy.

G- 4119- 0
WC990006A(. 1P)
Countersigned by
ra 1 o3` Cad &. r
Authorized Representative
Form WC 99 00 06 A ( 1) Printed in U. S. A. Page 1
Process Date: 03/ 22/4 Policy Expiration Date: 01/3/ 25 72 CHANGE IN INFORMATION PAGE ( Continued)
Policy Number: 51 WEC BA8T7Y

SCHEDULE
IT IS AGREED THAT THE POLICY IS AMENDED AS FOLLOWS:

CLASS CODE NUMBER AND DESCRIPTION
CA - Location 1
Rating Period: 01/3/ 2024-2/ 2024
7605

SECURITY ALARM, FIRE ALARM OR LIFE SAFETY

SYSTEMS INSTALLATION, SERVICE OR REPAIR -

INCLUDING SHOP, YARD OR STORAGE OPERATIONS
8742

SALESPERSONS - OUTSIDE
8810
CLERICAL OFFICE EMPLOYEES - N 0 C
Rating Period: 03/ 22/024- 01/ 2025
7605

SECURITY ALARM, FIRE ALARM OR LIFE SAFETY

SYSTEMS INSTALLATION, SERVICE OR REPAIR -

INCLUDING SHOP, YARD OR STORAGE OPERATIONS
8742

SALESPERSONS - OUTSIDE
8810
CLERICAL OFFICE EMPLOYEES - N 0 C
Rating Period: 01/3/ 2024-025
7605

SECURITY ALARM, FIRE ALARM OR LIFE SAFETY

SYSTEMS INSTALLATION, SERVICE OR REPAIR -

INCLUDING SHOP, YARD OR STORAGE OPERATIONS
8742

SALESPERSONS - OUTSIDE
8810

CLERICAL OFFICE EMPLOYEES - N O C
Total State Summary
Total Class Premium
CA Territorial Differential
Waiver charge
Schedule Rating Factor
Premium discount
Expense constant
Terrorism Risk Insurance Program Reauthorization Act
Disclosure Endorsement
CA User Fund
Form WC 99 00 06 A ( 1) Printed in U. S. A.

Process Date: 03/ 22/4
ESTIMATED RATES PER 100

TOTAL ANNUAL OF

REMUNERATION REMUNERATION
45, 112. 00
201, 169. 00
177, 426. 00
163, 888. 00
730, 831. 00
644, 574. 00
209, 000.
932, 000.0
822, 000.

0.0 0.0

0.0 0.0

0.0 0.0

0.0 3. 950000

0. 500000

0. 350000

3. 950000

0. 500000

0. 350000

3. 950000

0. 500000

0. 350000

0. 877000

0.20000

0. 500000

0.10000

0.20000

ESTIMATED
ANNUAL

PREMIUMS
1, 782
1, 006
621
6, 474
3, 654
2,56
8, 256
4, 660
2, 877
0 1
248
125
2 0
0 2. 460400 4

Policy Expiration Date: 01/3/ 25
73 CHANGE IN INFORMATION PAGE ( Continued)
Policy Number: 51 WEC BA8T7Y

SCHEDULE
IT IS AGREED THAT THE POLICY IS AMENDED AS FOLLOWS:

CLASS CODE NUMBER AND DESCRIPTION ESTIMATED RATES PER 100 ESTIMATED

TOTAL ANNUAL OF ANNUAL

RENUMERATION RENUMERATION PREMIUMS
CA Fraud 0.0 0. 412200 1
CA Uninsured Employers Benefit Trust Fund 0.0 0. 150500 0 CA Subsequent Injuries Benefit Trust Fund Assessments 0.0 1. 589100 3 CA Occupational Safety & Health Fund 0.0 0. 726600 1
CA Labor Enforcement & Compliance Fund 0.0 0. 710900 0
California Total Cost 131
Form WC 99 00 06 A ( 1) Printed in U. S. A. Page 3
Process Date: 03/ 22/4 Policy Expiration Date: 01/3/ 25 74 THE

HARTFORD

POLICY HOLDER NOTICE - PAYROLL BILLING
Thank you for choosing The Hartford. Your policy is on our payroll billing method. The payroll billing method uses actual payrolls received throughout the policy period and a blended rate( s) to determine premiums due during the policy period.

To learn more about how your premium is calculated on the payroll billing method please visit:
https:// www. thehartford. com/ blended
Below are the blended rate( s) being used for each state and classification code on your policy:

State Class Code Blended Rate Effective
1: 1382 BLUE OAKS BLVD
STE 110, ROSEVILLE, CA
8810 0. 180000 01/3/ 2024
1: 1382 BLUE OAKS BLVD
STE 110, ROSEVILLE, CA
7605 1. 850000 01/3/ 2024
1: 1382 BLUE OAKS BLVD
STE 110, ROSEVILLE, CA
8742 0. 250000 01/3/ 2024
1: 1382 BLUE OAKS BLVD
STE 110, ROSEVILLE, CA
8742 0. 260000 03/ 22/024
1: 1382 BLUE OAKS BLVD
STE 110, ROSEVILLE, CA
7605 1. 890000 03/ 22/024
1: 1382 BLUE OAKS BLVD
STE 110, ROSEVILLE, CA
8810 0. 190000 03/ 22/024
Form G- 4119- 0 Printed in U. S. A.
2017, The Hartford
75 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 51 WEC BA8T7Y Endorsement Number: 002
Effective Date: 03/ 22/4 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: ICU Technologies Inc
1382 BLUE OAKS BLVD STE 110
ROSEVILLE CA 95678
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 %a of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by
Authorized Representative
Form WC 04 03 06 ( 1) Printed in U. S. A.

Process Date: 03/ 22/4 Policy Expiration Date: 01/3/ 25 76 THE

HARTFORD

THE HARTFORD

BUSINESS SERVICE CENTER
3600 WISEMAN BLVD
SAN ANTONIO TX 78251
For Informational Purposes Only
1382 BLUE OAKS BLVD STE 110
ROSEVILLE CA 95678- 7052
Account Information:

Policy Holder Details : ICU Technologies Inc
March 22, 2024
L, Contact Us
Need Help?
Chat online or call us at
866) 467- 830.

We' r here Monday - Friday.

Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns.

Sincerely,
Your Hartford Service Team
WLTR005
77 ACS 4.......- CERTIFICATE OF LIABILITY INSURANCE

DATE ( MM/ DD/ YYYY)
03/ 22/024

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 be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does

PRODUCER
not confer rights to the certificate holder in lieu of such endorsement( s).

NAVO FIN INC INS AND FIN SOLUTIONS
51135504
2045 SOUTH COURT STREET
VISALIA CA 93277
CONTACT NAME:

PHONE ( 559) 733- 5169
A/ C, No, Ext):

FAX
A/ C, No):

E- MAIL ADDRESS:

INSURER( S) AFFORDING COVERAGE NAIC#
INSURER A: Hartford Casualty Insurance Company 29424

INSURED

ICU TECHNOLOGIES INC
1382 BLUE OAKS BLVD STE 110
ROSEVILLE CA 95678- 7052
INSURER B :

INSURER C:

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: 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
INSR
SUER
WVD

POLICY NUMBER

POLICY EFF

MM/ DD/ YYYY)

POLICY EXP

MM/ DD/ YYYY)
LIMITS

COMMERCIAL GENERAL
OCCUR

LIABILITY EACH OCCURRENCE

CLAIMS - MADE DAMAGE TO RENTED
PREMISES ( Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY
GEN' L

HPOLICY
AGGREGATE LIMIT APPLIES PER:

PROJECT
OTHER:

GENERAL AGGREGATE

PRODUCTS - COMP/ O AGG

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED
AUTOS
HIRED
AUTOS

SCHEDULED

NON - OWNED
AUTOS

COMBINED SINGLE LIMIT
Ea accident)
BODILY INJURY ( Per person)
AUTOS 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 Y/ N
PROPRIETOR/ PARTNER/ EXECUTIVE —
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH) —
If yes. describe under
DESCRIPTION OF OPERATIONS below
NIA X 51 WEC BA8T7Y 01/3/ 2024 01/3/ 2025
x
PER OTHSTATUTE ER
E. L. EACH 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 if more space is required) Those usual to the Insured' sOperations.

DER CANCELLATION
For Informational Purposes Only
1382 BLUE OAKS BLVD STE 110
ROSEVILLE CA 95678- 7052

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
ACORD 25 (2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
78 AGENCY CUSTOMER ID:

LOC#:

AGENCY
ADDITIONAL REMARKS SCHEDULE Page 2 of 2

NAVO FIN INC INS AND FIN SOLUTIONS

POLICY NUMBER
SEE ACORD 25

CARRIER
SEE ACORD 25

NAIC CODE

NAMED INSURED

ICU TECHNOLOGIES INC
1382 BLUE OAKS BLVD STE 110
ROSEVILLE CA 95678- 7052
EFFECTIVE DATE: SEE ACORD 25

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Waiver of Subrogation applies in favor of the Certificate Holder per the Broad Form Endorsement - Extended Option WC990301, attached to this policy.

ACORD 101 ( 2014/ 01) 2014 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
79 PAGE LEFT

INTENTIONALLY
BLANK
80 ITEM 4. 6

CITY MANAGER' S REPORT
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
ITEM:

RECOMMENDATION:

RATIFY THE SERVICE CONTRACT WITH ICU
TECHNOLOGIES INC. FOR THE CAMERA

SURVEILLANCE SYSTEMS FOR PHASE II OF
MAJOR CITY PARKS SURVEILLANCE CIP GG 22-
35 Adopt a Resolution Ratifying the Service
Contract with ICU Technologies, Inc. for the
Surveillance Systems for Phase II of Major City
Parks Surveillance CIP GG 22- 35
SUMMARY:

At the September 12, 2022, City Council Meeting, Council approved a budget to cover the cost of a camera surveillance system for the first phase of Capital Improvement Project ( CIP) GG 22- 35 Camera Surveillance Systems for Major City Parks. In December 2023, City Council was presented with an update on the parks as the first phase was almost complete and staff proposed the addition of the parks listed below, to be added to CIP GG 22- 35 as Phase II for the installation of a camera surveillance system.

Champion Park
Park West
Woodfield Park Basin
William S. Moss Park
Mossdale Landing Community Park
Staff requested proposals from ICU Technologies, Inc. (ICU) for the hardware and services required at each park. ICU currently holds an active contract with the U. S.

General Services Administration ( GSA) in Security & Protection and Information Technology Hardware & Software and is an authorized seller of surveillance cameras that meets the hardware specification of the City' s standard camera surveillance system for city parks under CIP GG 22- 35. Furthermore, ICU is certified to perform the configuration and installation of these cameras. ICU presented a proposal with a sum of $ 244, 919. 10 to provide the licenses and cameras, configuration, and installation for all five ( 5) additional parks.

Due to the supply chain demand, there is a long lead time for the required equipment.

To minimalize delay to the project and to provide a tool for the Lathrop Police department to use during investigations and deter further vandalism the City Manager signed the Service Contract with ICU Technologies Inc. for the camera surveillance systems for Phase II of the CIP 22- 35 Major City Parks in March 2024. 81 CITY MANAGER' S REPORT PAGE 2
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
RATIFY THE SERVICE CONTRACT WITH ICU TECHNOLOGIES INC. FOR THE

CAMERA SURVEILLANCE SYSTEMS FOR PHASE II OF MAJOR CITY PARKS SURVEILLANCE CIP GG 22- 35
Tonight, Staff is requesting City Council adopt a resolution to ratify the service contract with ICU Technologies, Inc. for a sum not to exceed $ 244, 919. 10for the purchase, and configuration, and installation of surveillance cameras for Phase II of the CIP GG 22- 35 Major City Parks Surveillance.

BACKGROUND:

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

Apolinar Sangalang Park
Manuel Valverde Park
Woodfield Park
In December 2023, City Council was presented with a slide presentation update of Phase I as it was almost complete. During the presentation, staff proposed the following five ( 5) parks to have the surveillance system installed as Phase II. These parks have recently suffered significant damage from vandalism resulting in repair expenses exceeding $ 10, 000 for a single park.

Champion Park
Park West
Woodfield Park Basin
William S. Moss Park
Mossdale Landing Community Park
These parks would have benefitted from surveillance systems as they act as a deterrent to vandalism and malicious activities. The Lathrop Police Department would have been able to utilize the system to investigate the criminal activities and the system would have facilitated the solving of these crimes.

Staff requested ICU present a proposal for each of the parks due to these circumstances. ICU currently holds an active contract with the U. S. General Services Administration ( GSA) - GSA Contract No. 47QSWA18D003K in Security & Protection and Information Technology Hardware & Software. This program, administered by the United States Government, provides government agencies with discounted pricing schedules, and establishes purchasing contracts with vendors through a competitive bidding process. The GSA' s
competitive bidding process is in
conformance with the Office of Procurement, Department of General Services of the State of California exemption as described in the Lathrop Municipal Code Section

2. 36. 110. Furthermore, ICU has provided, configured, and installed other camera surveillance systems and the licenses at numerous City facilities. 82 CITY MANAGER' SREPORT PAGE 3
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
RATIFY THE SERVICE CONTRACT WITH ICU TECHNOLOGIES INC. FOR THE

CAMERA SURVEILLANCE SYSTEMS FOR PHASE II OF MAJOR CITY PARKS SURVEILLANCE CIP GG 22- 35
ICU presented proposals that are equal to the pricing of the contract ICU holds with GSA. Therefore, the claimed bidding exemption is pursuant to Lathrop Municipal Code LMC) 2. 36. 110( a) for the Service Contract with ICU for the purchase, configuration and installation of the surveillance cameras and the licenses for CIP 22- 35 Major City Parks.

Due to the supply chain and demand, there is a long lead time for the required equipment. To not delay the project, provide a tool for the Lathrop Police department to use during investigations and deter further vandalism the City Manager signed the Service Contract with ICU Technologies Inc. for the camera surveillance systems for Phase II of the CIP 22- 35 Major City Parks in March 2024.

Tonight, Staff is requesting City Council adopt a resolution to ratify City Manager approval of the service contract with ICU Technologies, Inc. for a sum of $244, 919. 10 for Phase II of Major City Parks CIP 22- 35.

REASON FOR RECOMMENDATION:

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

FISCAL IMPACT:

There are sufficient funds available in CIP GG 22- 35 to cover the costs of installation of a camera surveillance systems procured through ICU Technologies, Inc.

ATTACHMENTS:

A. Resolution Ratifying the Agreement with ICU Technologies, Inc. to Provide, Configure and Install Camera Surveillance Systems for Phase II of Major City Parks Surveillance Systems CIP GG 22- 35
B. Service Contract with ICU Technologies, Inc. to Provide, Configure and Install Camera Surveillance System for Phase II of Major City Parks Surveillance Systems CIP GG 22- 35
83 CITY MANAGER' S REPORT PAGE 4
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
RATIFY THE SERVICE CONTRACT WITHICU TECHNOLOGIES INC. FOR THE

CAMERA SURVEILLANCE SYSTEMS FOR PHASE II OF MAJOR CITY PARKS SURVEILLANCE CIP GG 22- 35
APPROVALS:
z 2- Li
ony Fernandes Date
Information Systems Director
Ca
Finance Director
3/ dzi/ ate
Date
3 • 2 C • Z. c,
Michael King Date
Assistant City Mana
3 -z-.

Salvador Navarrete Date
City Attorney
Stephen 3. Salvatore Date
City Manager
84 RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY THE SERVICE CONTRACT WITH ICU TECHNOLOGIES INC. FOR THE CAMERA SURVEILLANCE SYSTEMS FOR PHASE II OF MAJOR CITY PARKS CIP GG 22- 35 WHEREAS, on September 13, 2021, City Council approved the creation of Capital Improvement Project ( CIP) GG 22- 35 for Camera Surveillance Systems for Major City Parks; and
WHEREAS, the first phase that included Apolinar Sangalang Park, Manuel Valverde Park and Woodfield Park is complete; and
WHEREAS, staff proposed Champion Park, Park West, Woodfield Park Basin, William S. Moss Park and Mossdale Landing Community Park to have the surveillance system installed as Phase II; and
WHEREAS, ICU currently holds an active contract with the U. S. General Services Administration ( GSA) - GSA Contract No. 47QSWA18D003K in Security & Protection and Information Technology Hardware & Software; and WHEREAS, ICU presented proposals totaling $ 244, 919. 10at pricing equal to the contract that ICU holds with GSA and therefore, this contract is exempt from bidding pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110( a) for the purchase, configuration and installation of the surveillance cameras and the licenses for CIP 22- 35 Major City Parks.

WHEREAS, to not delay the project provide a tool for the Lathrop Police department to use during investigations and deter further vandalism, the City Manager signed the Service Contract with ICU Technologies Inc. in March 2024.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify the service contract with ICU Technologies Inc. for the Camera Surveillance Systems for Phase II of Major City Parks Surveillance CIP GG 22- 35 in the amount of $ 244, 919. 0.
85 The foregoing resolution was passed and adopted this 8th day of April 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 86 City of
Office of the City Manager
March 2H, 2024
Attachment B
390 Towne Centre Dr. - Lathrop, CA 95330
Phone (209) 941- 7220 - fax (209) 941- 7248
www. ci. lathrop. ca. us

NOTICE TO PROCEED
ICU Technologies, Inc.

Tommy Smith
1382 Blue Oaks Blvd, Suite # 110
Roseville, CA 95678
Dear Mr. Smith:

Enclosed please find your original executed agreement to provide the Purchase, Configuration and Installation Cameras for CIP GG 22- 35 Major Parks Surveillance Phase II. This is your Notice to Proceed to the attached agreement.

Should you have any questions regarding the project, please contact Tony Fernandes at 209) 941- 7349, the staff member directly involved with this project.

Sincerely,
S en J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
87 DocuSign Envelope ID: 64203625- 4498-1 D6- A611- FBF277F51571

CITY OF LATHROP AGREEMENT BETWEEN THE CITY OF LATHROP
AND ICU TECHNOLOGIES, INC.

FOR THE PURCHASE, INSTALLATION AND CONFIGURATION OF

PIVOT TILT ZOOM (PTZ) AND MULTI -SENSOR CAMERAS FOR CIP GG 22- 35 MAJOR CITY PARKS SURVIELLANCE
THIS AGREEMENT, dated for convenience this Zqday of March 2024, is by and made and entered into by and between ICU TECHNOLOGIES, INC. ("CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform the installation, configuration, and commissioning of multi -sensor cameras as required by this agreement; and
WHEREAS, CONSULTANT was selected by CITY pursuant to said qualifications; and
WHEREAS, CONSULTANT is willing to render such Professional Services as hereinafter defined, on the following terms and conditions; WHEREAS, the purchase from the CONSULTANT is exempt from the CITY' S standard bidding procedure pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110, as the CONSULTANT holds GSA Contract number 47QSWA18D003K in Security & Protection and Information Technology Hardware & Software and pricing is pursuant to that contract.

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

AGREEMENT
1) Scope of Service.

CONSULTANT agrees to perform the deployment, configuration, and commissioning of PTZ and multi -sensor cameras in accordance with the scope of work and fee proposal submitted by the CONSULTANT, attached as Exhibit " A" through Exhibit " E" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the standards of its profession and CITY' Ssatisfaction.
2) Compensation.

CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 244, 919. 10as described in Exhibit " A" through Exhibit "E".
88 DocuSign Envelope ID: 64203625- 4498-1D6- A611- FBF277F51571 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 below. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A" through Exhibit " E", 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.

This agreement shall become effective on the signature date of the Department Head and CONSULTANT has been notified in writing as identified in section ( 18), and it shall terminate no later than June 30, 2024.
4) Independent Contractor Status.

It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY.

CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billings.

CONSULTANT' Sbills shall include date, date due, a list of all tasks performed by deliverable, a total amount due, the amounts previously billed, the net amount due on the invoice, and the balance remaining on the agreement and the CONSULTANT' Ssignature. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the maximum amount of compensation provided in section ( 2) for listed services or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting.

CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement. CONSULTANT shall clarify with the CITY any details of the design that are not specifically understood.

89 DocuSign Envelope ID: 64203625- 4498-1 D6- A611- FBF277F51571 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI - SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE 7) Assignment of Personnel.

CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, regardless of the reason, or the lack of a reason, according to the CITY' Srequest.

The services shall be performed by, or under the direct supervision, CONSULTANT' sAuthorized Representative: Tommy Smith
CONSULTANT shall not replace its Authorized Representatives without the prior written approval by the CITY.
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 CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' Sauthorized representative.
9) Insurance.

On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.

CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers'
sole cost
Compensation.
and expense, maintain

CONSULTANT
Statutory
shall,
Workers'
at CONSULTANT' S
Compensation
Insurance and Employer' sLiability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a selfinsurance program to meet these requirements provided that the

90 DocuSign Envelope ID: 64203625- 4498-1D6- A611- FBF277F51571 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance.

CONSULTANT, at CONSULTANT' 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 a 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 there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s
general supervision of
CONSULTANT; products and completed operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claims made basis.

91 DocuSign Envelope ID: 64203625- 4498-1D6- A611- FBF277F51571 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California - admitted insurers with a Best' 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. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONSULTANT procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
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, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

92 DocuSign Envelope ID: 64203625- 4498-1D6- A611- FBF277F51571 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI - SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
10) Indemnification - CONSULTANT' SResponsibility.

As to the CONSULTANT' Swork hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, that ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and (c) CONSULTANT thus agrees to so perform.

Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully
competent manner in accordance with the standard of care applicable to CONSULTANT' Sprofession.

CONSULTANT shall indemnify, defend, and hold CITY, it officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability 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.
11) Licenses.

93 DocuSign Envelope ID: 64203625- 4498-1 D6- A611- FBF277F51571 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses.

CONSULTANT 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 CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT 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 upon CONSULTANT' Sdelivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
14) Funding.

CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. 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.

94 DocuSign Envelope ID: 64203625- 4498-1 D6- A611- FBF277F51571 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to:

To Consultant:
16) Miscellaneous.

City of Lathrop
Information Systems Department
390 Towne Centre Drive
Lathrop, CA 95330
Phone: (209) 941- 7430
FAX: (209) 941- 7449
ICU Technologies
Tommy Smith
1382 Blue Oaks Blvd. Suite # 110
Roseville, CA 95678
Phone: (559) 280- 9333
Fax: (559) 892- 1142
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 Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
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.

95 DocuSign Envelope ID: 64203625- 4498-1 D6- A611- FBF277F51571 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE 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; 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.
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 CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
1)
m)
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.

Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to

96 DocuSign Envelope ID: 64203625- 4498-1D6- A611- FBF277F51571 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI - SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE 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 fees,
may recover
incurred
its
or
reasonable
expended in
costs,
connection
including
with
reasonable
such action
attorney' s
against
the non -prevailing party.
17) General Contractor Responsibilities.

Neither the professional activities of CONSULTANT, nor the presence of CONSULTANT or CONSULTANT' Ssub -consultants shall relieve the Consultant of its obligations, duties and responsibilities.

CITY agrees that the CITY, CONSULTANT and its sub -consultants shall be indemnified by the General Contractor and shall be made additional insured under the General Contractor' general liability insurance policy and that a Waiver of Subrogation in favor of CONSULTANT will be provided under the General Contractor' sWorkers Compensation policy. CITY will require General Contractor to provide evidence of such insurance to CITY and CONSULTANT prior to General Contractor beginning work on the project.
18) Notice to Proceed.

Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.
19) 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.

97 DocuSign Envelope ID: 64203625- 4498-1D6- A611- FBF277F51571 CITY OF LATHROP — ICU TECHNOLOGIES, INC.

PURCHASE, INSTALLATION AND CONFIGURATION OF PTZ AND MULTI -SENSOR CAMERAS FOR CIP GG 23- 35 MAJOR CITY PARKS SURVIELLANCE Approved as to Form:

Subject to Ratification
City of Lathrop
City Attorney
Salvador Navarrete
Recommended By: Director of Information Systems
Approved By:

Resolution #
CONSULTANT:
oocaslyoee by:
r
3-z.m~
Date
FulAAJA. ks 3/ 20/24
F63101F479...

Tony Fernandes
Information Systems Director
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephe Salvatore
City Manager
ICU Technologies
Tommy Smith
1382 Blue Oaks Blvd. Suite # 110
Roseville, CA 95678
Fed ID #: 21 - 3t‘ 8° I.oa
Business License #: 1 -
Date

3. 2q- z
Date
DocuSIgned by: !
M ¶ % i( , 3/ 20/24
l — 74C19D& C970dA0...

Signature Date
Tommy Smith CEO
Print Name Title

98 DocuSign Envelope ID: 64203625- 4498-1 D6- A611- FBF277F51571 IcUTECHNOLOGIES
ICU Technologies Inc.
1382 Blue Oaks Blvd, Suite 110
Roseville, CA 95678
1 5304887200
orders@icu- techinc. com
www. icu- techinc. com
Exhibit A
ADDRESS SHIP TO ESTIMATE 2024- 1007
Tony Fernandes Tony Fernandes DATE 02/8/ 2024
City of Lathrop City of Lathrop EXPIRATION 03/ 29/024
390 Towne Centre Dr 390 Towne Centre Dr DATE
Lathrop, CA 95330 Lathrop, CA 95330 USA
United States

PROJECT NAME CONTRACT
Champion Park Video Solution GSA# 470SWA18D003K

SIN ITEM QTY PRICE AMOUNT
20C- H5A- 4MH 10 2,33. 17 22, 331. 70T
4X5MP, WDR, 360 degree max field of view, Lightcatcher, 3.-5. 7MM, Camera Only 334220 2. 0C- H5A- PTZ- DP36 4 2, 543. 22 10,72. 88T
H5A; 2MP 36x Pendant PTZ Dome
OLM ICU- MISC- GSA 14 98. 27 1, 375. 78T
Avigilon: WLMT 1001 - Wall Mount for large pendant camera H5AMH- DO- COVR1 10 161. 41 1, 614. 10T
Dome bubble and cover, for outdoor surface mount or pendant mount, clear. For use with the Avigilon H5A Muftisensor
OLM ICU- MISC- GSA 10 161. 42 1, 614. 20T
Avigilon: H5AMH- AD- PEND1 - Outdoor pendant mount adapter. For use with the Avigilon H5A
Muftisensor
OLM H4AMH- AD- IRIL1 10 315. 41 3, 154.0T
Optional IR illuminator ring, up to 30m ( 100ft), for use with H4AMH- DO- COVR1.

OLM ICU- MISC- GSA 14 93. 15 1, 304. 10T
Avigilon: PLMT-- 1001 - POLE MOUNT FOR LRGE PENDT WLMT- 1001 334220 NVR5- PM- 96TB- S19- NA 1 33, 734. 39 33, 734. 39T NVR5 PRM 96TB 2U Rack Mnt; WS19 NA
OLM ICU- MISC- GSA 13 546. 00 7, 098.0T
Aetek :H40 -022- 90- 120- A -
334220 ACCT - ENT 14 256. 37 3, 589. 18
ACC 7 Enterprise Edition camera license
OLM ICU- MISC- GSA 1 520. 00 520. 0T
Misc GSAinstalation materials, including cabling, conduit, fittings, blocks, connectors, and patch cables
541330L ICU- TECH1 134 127. 27 17, 054. 18
Installation and service of access control and video surveillance field devices/ systems.

Subtotal:
103, 562. 61
Page
991 of 2
DocuSign Envelope ID: 64203625- 4498-1D6- A611- FBF277F51571 N/ A GSA- IFF 103, 562. 61 0.07556 782. 52
OLM ICU- MISC- GSA 1, 521. 92 0. 58 882. 71
Round -Trip Mieage from ICU HQ to Lathrop - 20 round trips x 2 vehicles - 82 miles one way
N/ A ICU -SHIPPING 1 1, 250. 0 1, 250. 0
Freight to customer location
Estimate Notes:

1. DIR# 1000064885

2. 3. Payment
Email Order
by credit
to orders@icu- techinc. com
card will include a 4% processing fee.

Accepted By
Accepted Date
SUBTOTAL 106, 477. 84
TAX 7, 255. 43
TOTAL $ 113, 73. 27
Page
100 2 of 2
DocuSign Envelope ID: 64203625- 4498-1D6- A611- FBF277F51571 lcU

TECHNOLOGIES
ICU Technologies Inc.
1382 Blue Oaks Blvd, Suite 110
Roseville, CA 95678
1 5304887200
orders@icu- techinc. com
www. icu- techinc. com
Exhibit B
ADDRESS SHIP TO ESTIMATE 2024- 1011
Tony Fernandes Tony Fernandes DATE 01/ 17/ 2024
City of Lathrop City of Lathrop
390 Towne Centre Dr 390 Towne Centre Dr
Lathrop, CA 95330 Lathrop, CA 95330 USA
United States

PROJECT NAME CONTRACT
Mossdale Landing Video Solution GSA# 47QSWA18D003K

SIN ITEM QTY PRICE AMOUNT
20C- H5A- 4MH 6 2,33. 17 13, 399. 02T
4X5MP, WDR, 360 degree max field of view, Lightcatcher, 3.-5. 7MM, Camera Only 334220 2. 0C- H5A- PTZ- DP36 3 2, 543. 22 7, 629.6T
H5A; 2MP 36x Pendant PTZ Dome
OLM ICU- MISC- GSA 9 98. 27 884. 43T
Avgilon: WLMT 1001 - Wall Mount for large pendant camera H5AMH- DO- COVR1 6 161. 41 968. 46T
Dome bubble and cover, for outdoor surface mount or pendant mount, clear. For use with theAvigilon H5AMultisensor
OLM ICU- MISC- GSA 6 161. 42 968. 52T
Avigilon: H5AMH- AD- PEND1 - Outdoor pendant mount adapter. For use with the Av on H5A
Multisensor
OLM H4AMH- AD- IRIL1 6 315. 41 1, 892. 46T
Optional IR illuminator ring, up to 30m ( 100ft), for use with H4AMH- DO- COVR1.

OLM ICU- MISC- GSA 9 93. 15 838. 35T
Avigilon: PLMT- 1001 - POLE MOUNT FOR LRGE PENDT WLMT- 1001 334220 VMA- AS3- 8P8- NA 4 2, 552. 60 10, 210. 40T
HD Video Appliance 8 -Port 8TB; NA. ACC licenses sold separately OLM ICU- MISC- GSA 3 382.3 1,46. 99T
Avgaon: POE- INJ2- 95W- BT- NA- Indoor single Port PoE Injector Gigabit, 95W, NA power cord, for use with
H4IR PTZ - indoor installation rated.

POE- INJ2- 60W- NA 6 147. 37 884. 22T
Indoor single port Gigabit PoE++ 60W, North American power cord included.
334220 ACCT - ENT 9 256. 37 2, 307.3
ACC 7 Enterprise Edition camera license
OLM ICU- MISC- GSA 1 390. 00 390. 0T
Misc GSA installation materials, including cabling, conduit, fittings, blocks, connectors, and patch cables
Page
101 1 of 2
DocuSign Envelope ID: 64203625- 4498-1D6- A611- FBF277F51571 541330L ICU- TECH1 96 127. 27 12, 217. 92
Installation and service of access control and video surveillance field devices/ systems.

N/ A
OLM
N/ A
Subtotal:
53, 737.6
GSA- IFF 53, 737.6 0.07556 406. 04
ICU- MISC- GSA 1,41. 44 0. 58 662. 04
Round -Trip Mileage from ICU HQ to Lathrop - 20 round trips x 2 vehicles - 82 miles one way
ICU -SHIPPING 1 582. 00 582. 00
Freight to customer location
Estimate Notes.

1. DIR# 1000064885

2. 3. Payment
Email Order
by credit
to orders@icu- techinc. com
card wit include a 4% processing fee.

Accepted By
Accepted Date

SUBTOTAL
TAX
TOTAL
55, 387. 84
3, 431. 09
58, 818. 93

DocuSign Envelope ID: 64203625- 4498-1D6- A611- FBF277F51571 IcUTECHNOLOGIES
ICU Technologies Inc.
1382 Blue Oaks Blvd, Suite 110
Roseville, CA 95678
1 5304887200
orders@icu- techinc. com
www. icu- techinc. com
Exhibit C
ADDRESS SHIP TO ESTIMATE 2024- 1008
Tony Fernandes Tony Fernandes DATE 01/ 17/ 2024
City of Lathrop City of Lathrop
390 Towne Centre Dr 390 Towne Centre Dr
Lathrop, CA 95330 Lathrop, CA 95330 USA
United States

PROJECT NAME CONTRACT
Park West Video Solution GSA# 47QSWA18D003K

SIN ITEM QTY PRICE AMOUNT
20C- H5A- 4MH 3 2,33. 17 6,99. 51T
4X5MP, WDR, 360 degree max field of view, Lightcatcher, 3.-5. 7MM, Camera Only 334220 2. 0C- H5A- PTZ- DP36 3 2, 543. 22 7, 629.6T
H5A; 2MP 36x Pendant PTZ Dome
OLM PP350 6 448. 50 2, 691. 00T
Pelco PP350 Parapet Wall Mount
OLM ICU- MISC- GSA 6 53. 19 319. 14T
Avignon: NPTA- 1001 - 1. 5 inch NPT Adapter for Large Pendant Mount Camera H5AMH- DO- COVR1 3 161. 41 484. 23T
Dome bubble and cover, for outdoor surface mount or pendant mount, clear. For use with theAvigilon H5A Multisensor
OLM ICU- MISC- GSA 3 161. 42 484. 26T
Avigion: H5AMH- AD- PEND1 - Outdoor pendant mount adapter. For use with the Avignon H5A
Multisensor
OLM H4AMH- AD- IRIL1 3 315. 41 946. 23T
Optional IR illuminator ring, up to 30m ( 100ft), for use with H4AMH- DO- COVR1. 334220 VMA- AS3- 8P8- NA 3 2, 552. 60 7, 657. 80T
HD Video Appliance 8 -Port 8TB; NA. ACC licenses sold separately 334220 ACCT - ENT 6 256. 37 1, 538. 22
ACC 7 Enterprise Edition camera license
OLM ICU- MISC- GSA 1 260. 00 260. 0T
Misc GSAinstaflation materials, including cabling, conduit, fittings, blocks, connectors, and patch cables
541330L ICU- TECH1 48 127. 27 6, 108. 96
Installation and service of access control and video surveillance field devices/ systems.

Subtotal:
34, 819. 01
N/ A GSA- IFF 34, 819. 01 0.07556 263. 09
Page
103 1 of 2
DocuSign Envelope ID: 64203625- 4498-1 D6- A611- FBF277F51571 OLM ICU- MISC- GSA 570. 72 0. 58 331. 02
Round -Trip Mileage from ICU HQ to Lathrop - 20 round trips x 2 vehicles - 82 miles one way
N/ A ICU -SHIPPING 1 404. 00 404. 00
Freight to customer location
Estimate Notes:

1. DIR# 1000064885

3. 2.

Payment
Email Order
by credit
to orders@icu- techinc. com
card will include a 4% processing fee.

Accepted By
Accepted Date

SUBTOTAL
TAX
TOTAL
35, 817. 12
2, 377. 54
38, 194. 66

104
DocuSign Envelope ID: 64203625- 4498-1D6- A611- FBF277F51571 IcUTECHNOLOGIES
ICU Technologies Inc.
1382 Blue Oaks Blvd, Suite 110
Roseville, CA 95678
1 5304887200
orderstgicu- techinc. com
www. icu- techinc. com
Exhibit D
ADDRESS SHIP TO ESTIMATE 2024- 1010
Tony Fernandes Tony Fernandes DATE 01/ 17/ 2024
City of Lathrop City of Lathrop
390 Towne Centre Dr 390 Towne Centre Dr
Lathrop, CA 95330 Lathrop, CA 95330 USA
United States

PROJECT NAME CONTRACT
Wiliam S. Moss Video Solution GSA# 47QSWA18D003K

SIN ITEM QTY PRICE AMOUNT
20C- H5A- 4MH 1 2,33. 17 2,33. 17T
4X5MP, WDR, 360 degree max field of view, Lightcatcher, 3.-5. 7MM, Camera Only 334220 2. 0C- H5A- PTZ- DP36 1 2, 543. 22 2, 543. 22T
H5A; 2MP 36x Pendant PTZ Dome
OLM ICU- MISC- GSA 2 98. 27 196. 54T
Avigilon: WLMT- 1001 - Wall Mount for large pendant camera H 5AMH- DO- COVR 1 1 161. 41 161. 4T
Dome bubble and cover, for outdoor surface mount or pendant mount, clear. For use with the Avigilon H5AMultisensor
OLM ICU- MISC- GSA 1 161. 42 161. 42T
Avigilon: H5AMH- AD- PEND1 - Outdoor pendant mount adapter. For use with the Avigilon H5A
Multisensor
OLM H4AMH- AD- IRIL1 1 315. 41 315. 41T
Optional IR illuminator ring, up to 30m ( 100ft), for use with H4AMH- DO- COVR1.

OLM ICU- MISC- GSA 2 93. 15 186. 30T
Avigilon: PLMT- 1001 - POLE MOUNT FOR LRGE PENDT WLMT- 1001 334220 VMA- AS3- 8P8- NA 2 2, 552. 60 5, 105. 20T
HD Video Appliance 8 -Port 8TB; NA. ACC licenses sold separately 334220 ACCT - ENT 2 256. 37 512. 74
ACC 7 Enterprise Edition camera license
OLM ICU- MISC- GSA 1 130. 00 130. 0T
Misc GSA installation materials, including cabling, conduit, fittings, blocks, connectors, and patch cables
541330L ICU- TECH1 32 127. 27 4, 072. 64
Installation and service of access control and video surveillance field devices/ systems.

Subtotal:
15, 618. 05
N/ A GSA- IFF 15, 618. 05 0.07556 118. 01

DocuSign Envelope ID: 64203625- 4498-1D6- A611- FBF277F51571 OLM ICU- MISC- GSA 380. 48 0. 58 220. 68
Round -Trip Mileage from ICU HQ to Lathrop - 20 round trips x 2 vehicles - 82 miles one way
N/ A ICU -SHIPPING 1 164. 00 164. 00
Freight to customer location
Estimate Notes:

1. DIR# 1000064885

3. 2.

Payment
Email Order
by credit
to orders@icu- techinc. com
card will include a 4% processing fee.

Accepted By
Accepted Date

SUBTOTAL
TAX
TOTAL
16,20. 74
965. 36
17, 086. 10
Page
106 2 of 2
DocuSign Envelope ID: 64203625- 4498-1 D6- A611- FBF277F51571 IcUTECHNOLOGIES
ICU Technologies Inc.
1382 Blue Oaks Blvd, Suite 110
Roseville, CA 95678
1 5304887200
orders@icu- techinc. com
www. icu- techinc. com
Exhibit E
ADDRESS SHIP TO ESTIMATE 2024- 1009
Tony Fernandes Tony Fernandes DATE 01/ 17/ 2024
City of Lathrop City of Lathrop
390 Towne Centre Dr 390 Towne Centre Dr
Lathrop, CA 95330 Lathrop, CA 95330 USA
United States

PROJECT NAME CONTRACT
Woodfield Basin Video Solution GSA# 47QSWA18D003K

SIN ITEM QTY PRICE AMOUNT
20C- H5A- 4MH 1 2,33. 17 2,33. 17T
4X5MP, WDR, 360 degree max field of view, Lightcatcher, 3.-5. 7MM, Camera Only 334220 2. 0C- H5A- PTZ- DP36 1 2, 543. 22 2, 543. 22T
H5A; 2MP 36x Pendant PTZ Dome
OLM ICU- MISC- GSA 2 98. 27 196. 54T
Avigilon: WLMT- 1001 - Wall Mount for large pendant camera H5AMH- DO- COVR1 1 161. 41 161. 4T
Dome bubble and cover, for outdoor surface mount or pendant mount, clear. For use with theAvgilon H5AMukisensor
OLM ICU- MISC- GSA 1 161. 42 161. 42T
Avgilon: H5AMH- AD- PEND1 - Outdoor pendant mount adapter. For use with the Avigilon H5A
Multisensor
OLM H4AMH- AD- IRIL1 1 315. 41 315. 41T
Optional IR illuminator ring, up to 30m ( 100ft), for use with H4AMH- DO- COVR1.

OLM ICU- MISC- GSA 2 93. 15 186. 30T
Avigilon: PLMT- 1001 - POLE MOUNT FOR LRGE PENDT WLMT- 1001 334220 VMA- AS3- 8P8- NA 2 2, 552. 60 5, 105. 20T
HD Video Appliance 8 -Port 8TB; NA. ACC licenses sold separately 334220 ACCT - ENT 2 256. 37 512. 74
ACC 7 Enterprise Edition camera license
OLM ICU- MISC- GSA 1 130. 00 130. 0T
Misc GSA installation materials, including cabling, conduit, fittings, blocks, connectors, and patch cables
541330L ICU- TECH1 32 127. 27 4, 072. 64
Installation and service of access control and video surveillance field devices/ systems.

Subtotal:
15, 618. 05
N/ A GSA- IFF 15, 618. 05 0.07556 118. 01

107
DocuSign Envelope ID: 64203625- 4498-1D6- A611- FBF277F51571 OLM ICU- MISC- GSA 380. 48 0. 58 220. 68
Round -Trip Mileage from ICU HQ to Lathrop 20 round trips x 2 vehicles - 82 miles one way
N/ A ICU -SHIPPING 1 164. 00 164. 00
Freight to customer location
Estimate Notes:

1. DIR# 1000064885

2. 3. Payment
Email Order
by credit
to ordersraicu- techinc. com
card will include a 4% processing fee.

Accepted By
Accepted Date

SUBTOTAL
TAX
TOTAL
16,20. 74
965. 36
17, 086. 10

108
ACOR O®
440...... ---" CERTIFICATE OF LIABILITY INSURANCE

DATE ( MM/ DD/ YYYY)
3/ 21/024
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
Navo Financial, Inc. Insurance and Financial Solutions
2045 South Court Street, Suite A
Visalia CA 93277

CONTACT
NAME: Certificates
aCNNo, Ext): ( 559) 733- 5169
FAX
No): ( 888) 456- 0130
ADDRESS: `, ADDR certs@navofinancial. com
INSURER( S) AFFORDING COVERAGE NAIC #
INSURER A : LANDMARK AMER INS CO 33138

INSURED
ICU Technologies Inc
1382 BLUE OAKS BLVD
Suite 110
ROSEVILLE CA 95678- 7019
INSURER B : HARTFORD ACCID & IND CO 22357
INSURER C : HUDSON INS CO 25054
INSURER 0 : HARTFORD CASUALTY INS CO 29424
INSURER E : GREAT AMER RISK SOLUTIONS SURPLUS LINES It 35351 INSURER F:

COVERAGES CERTIFICATE NUMBER: EVISION 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 NSURANCE 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 NSDWWVD U LWPOLICY NUMBER

POLICY EFF

MM/ OD/ YYYY)
1'
MMIMlODIODIYYYY) YY LIMITS
A
K

COMMERCIAL GENERAL LIABILITY
Y Y LHA142219 06/9/ 2023 06/9/ 2024
EACH OCCURRENCE 1, 000,00

CLAIMS - MADE KOCCUR
UAMAtat I U Rtry I tU
PREMISES ( Ea occurrence) 50, 000
MED EXP ( Any one person) 5, 000
PERSONAL BADVINJURY 1, 000,00
GEN' L
iclPOLICY

AGGREGATE
OTHER:

LIMIT APPLIES
jECa
PER:

LOC
GENERAL AGGREGATE 2, 000,00
PRODUCTS - COMP/ O AGG 2, 000,00
B

AUTOMOBILE
f.

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY
g
P.

AUTOS

SCHEDULED

NON - OWNED

AUTOS ONLY
Y Y 51 UECBD7944 06/9/ 2023 06/9/ 2024
UUMWINEU SINGLE LIMI t
Ea accident) 1, 000,00
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident) 5
PROPER 1Y DAMAGE
Per accident)
C x

UMBRELLA LIAB

EXCESS LIAB
OCCUR
CLAIMS -MADE HXS 1001910 01 06/9/ 2023 06/9/ 2024
EACH OCCURRENCE 1, 000,00
AGGREGATE 1, 000,00
DED RETENTION $

WORKERS COMPENSATION
1i1ND EMPLOYERS' LIABILITY

PRIET EREXRT E ECUTIVE ADANYYIPRNERPROPRIETOR/ PARTNER/ EXECUTIVE Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
Y
N / A
51 WEC BA8T7Y 01/3/ 2024 01/3/ 2025
X
PER

STATUTE
011+
ER
E L. EACH ACCIDENT 1, 000,00
E. L. DISEASE - EA EMPLOYEE 1, 000,00
E. L. DISEASE - POLICY LIMIT 1, 000,00
F

PRODUCT LIABILITY
PL 3288670- 04 03/ 12/ 2024 03/ 12/ 2025

EACH OCC

PROD - COMP AGG
51, 000,00
52, 000,00
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City Of Lathrop is listed as additional insured per written contract or agreement per attached general liability and commercial auto endorsement

CERTIFICATE HOLDER CANCELLATION
City Of Lathrop
390 Towne Centre Drive
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
Amituf xy Macy,
ACORD 25 ( 2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
109
POLICY NUMBER: LHA142219 COMMERCIAL GENERAL LIABILITY
CG 2011 1219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - MANAGERS OR

LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designation Of Premises ( Part Leased To You):

ANY PREMISES REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AND AS PER PARAGRAPHS A.

AND B. BELOW
Name Of Person( s) Or Organization( s) ( Additional Insured):

ANY PERSON( S) OR ORGANIZATION( S) REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AND AS PER PARAGRAPHS A. AND B. BELOW
Additional Premium: $ INCLUDED
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury",
property damage" or " personal and advertising
injury" caused, in whole or in part, by you or
those acting on your behalf in connection with
the ownership, maintenance or use of that part of
the premises leased to you and shown in the
Schedule and subject to the following additional
exclusions:

This insurance does not apply to:

1. Any " occurrence" which takes place after you
cease to be a tenant in that premises.

2. Structural alterations, new construction or
demolition operations performed by or on
behalf
shown in
of
the
the
Schedule.
person( s) or organization( s)
However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

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

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 2011 1219 Insurance Services Office, Inc., 2018 Page 1 of 1 110
POLICY NUMBER: LHA142219 COMMERCIAL GENERAL LIABILITY
CG 20 18 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED -

MORTGAGEE, ASSIGNEE OR RECEIVER
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name( s) Of Personss) Or Organizations)

ANY PERSON( S) OR ORGANIZATION( S) REQUIRED

BY WRITTEN CONTRACT OR AGREEMENT AND AS
PER PARAGRAPHS A., B., AND C. BELOW
Designation Of Premises
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to their liability as mortgagee,
assignee or receiver and arising out of the
ownership, maintenance or use of the premises by
you and shown in the Schedule.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

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

B. This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 18 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 111
POLICY NUMBER: LHA142219 COMMERCIAL GENERAL LIABILITY
CG 20 37 1219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s)
ANY
Or Organization( s)

PERSON( S) OR ORGANIZATION( S) REQUIRED

BY WRITTEN CONTRACT OR AGREEMENT AND AS
PER PARAGRAPHS A. AND B. BELOW
Location And Description Of Completed Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to B.
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury" or
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 included
in the "products -completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

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

With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 112
POLICY NUMBER: W
r ' . , 9 COMMERCIAL GENERAL LIABILITY
CG20101219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location( s) Of Covered Operations

ANY PERSON( S) OR ORGANIZATION( S) REQUIRED

BY WRITTEN CONTRACT OR AGREEMENT AND AS
PER PARAGRAPHS A., B., AND C. BELOW
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but 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( s) at the location( s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

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

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to " bodily injury" or
property damage" occurr ing after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project ( other than 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
CG 20 10 12 19 Insurance Services Office, Inc., 2018 Page 1 of 2 113

2. 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.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 10 12 19 Insurance Services Office, Inc., 2018 Page 2 of 2 114
POLICY NUMBER: LHA142219 COMMERCIAL GENERAL LIABILITY
CG 20 12 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:

ANY STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION TO WHOM

OR TO WHICH YOU ARE OBLIGATED BY THE ISSUANCE OR EXISTENCE OF A WRITTEN PERMIT TO PROVIDE INSURANCE SUCH AS IS AFFORDED BY THIS POLICY.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:

1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.

However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

2. This insurance does not apply to:
a. "Bodily injury", " property damage" or
personal and advertising injury" arising out
of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or " property damage"
included within the " products -completed
operations hazard".

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 12 1219 Insurance Services Office, Inc., 2018 Page 1 of 1 115
POLICY NUMBER: LHA142219 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT - AGGREGATE LIMITS OF INSURANCE

PER PROJECT)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

The General Aggregate Limit under LIMITS OF INSURANCE ( SECTION III) applies separately to each of your projects away from premises owned by or rented to you.

CG 25 0311 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 116
Policy Number: LHA142219 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 1219 Insurance Services Office, Inc., 2018 Page 1 of 1 117

LANDMARK AMERICAN INSURANCE COMPANY
This Endorsement Changes The Policy. Please Read It Carefully.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST

OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE FORM

SCHEDULE
Name of Person or Organization:

Any Person or Organization As Required By Written Contract The following is added to SECTION IV — CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US:

We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, "your product" or " your work" done under a written contract with that person or organization and included in the " product -completed operations hazard". This waiver applies only to the person or organization shown in the SCHEDULE above.

This endorsement effective 6/ 9/ 2023
forms part of Policy Number LHA142219
issued to ICU TECHNOLOGIES INC
by Landmark American Insurance Company
RSG 14048 1008 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission.
118

COMMERCIAL AUTOMOBILE
HA 99 16 12 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE BROAD FORM

ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the " insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.

1. BROAD FORM INSURED
Paragraph . 1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add the following:
d. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the Declarations
is amended to include:
1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.

However, the Named Insured does not
include any subsidiary that is an " insured"
under any other automobile policy or
would be an " insured" under such a policy
but for its termination or the exhaustion of
its Limit of Insurance.
2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
a) That is a partnership or joint venture,
b) That is an " insured" under any other
policy,
c) That has exhausted its Limit of
Insurance under any other policy, or
d) 180 days or more after its acquisition
or formation by you, unless you have
given us notice of the acquisition or
formation.

Coverage does not apply to " bodily injury"
or " property damage" that results from an
accident" that occurred before you
formed or acquired the organization.
e. Employees as Insureds
1). Any " employee" of yours while using a
covered " auto" you don' t
own, hire or
borrow in your business or your personal
affairs.
f. Lessors as Insureds
1). The lessor of a covered " auto" while the
auto" is leased to you under a written
agreement if:
a) The agreement requires you to
provide direct primary insurance for
the lessor and
b) The " auto" is leased without a driver.

Such a leased " auto" will be considered a
covered " auto" you own and not a covered
auto" you hire.

Additional Insured if Required by Contract
1) When you have agreed, in a written
contract or written agreement, that a
person or organization be added as an
additional insured on your business auto
policy, such person or organization is an
insured", but only to the extent such
person or organization is liable for " bodily
injury" or " property damage" caused by
the conduct of an " insured" under
paragraphs a. or b. of Who Is An Insured
with regard to the ownership,
maintenance or use of a covered " auto."
The insurance afforded to any such
additional insured applies only if the
bodily injury" or " property damage"
occurs:
g.
a) During the policy period, and
b) Subsequent to the execution of such
written contract, and
Form HA 9916 12 21
2021, The Hartford
Includes copyrighted material of Insurance Services Office, Inc. with its permission.)

119
c) Prior to the expiration of the period of
time that the written contract requires
such insurance be provided to the
additional insured.
2) How Limits Apply
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the most we will
pay on behalf of such additional insured is
the lesser of:
a) The limits of insurance specified in the
written contract or written agreement;
or
b) The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to Limits of Insurance shown in
the Declarations and described in this
Section.

Additional Insureds Other Insurance
If we cover a claim or " suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or " suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract or written agreement that
this insurance is primary and
non- contributory with the additional
insured' s own insurance.
4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the additional
insured shall be required to comply with
the provisions in LOSS CONDITIONS 2. -

DUTIES IN THE EVENT OF ACCIDENT,
CLAIM , SUIT OR LOSS — OF SECTION
IV — BUSINESS AUTO CONDITIONS, in
the same manner as the Named Insured.

2. Primary and Non -Contributory if Required
by Contract
Only with respect to insurance provided to an
additional insured in A. 1.g. - Additional
Insured If Required by Contract, the following
provisions apply:
1) Primary Insurance When Required By
Contract
3)
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be primary.

If other insurance is also primary, we will
share with all that other insurance by the
method described in Other Insurance 5. d.
2) Primary And Non -Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract or
written agreement that this insurance is
primary and non- contributory with the
additional insured' s own insurance, this
insurance is primary and we will not seek
contribution from that other insurance.

Paragraphs ( 1) and ( 2) do not apply to other
insurance to which the additional insured has
been added as an additional insured.

When this insurance is excess, we will have
no duty to defend the insured against any
suit" if any other insurer has a duty to defend
the insured against that " suit". If no other
insurer defends, we will undertake to do so,
but we will be entitled to the insured' srights
against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
2) The total of all deductible and self -insured
amounts under all that other insurance.

We will share the remaining loss, if any, by
the method described in SECTION IV -
Business Auto Conditions, B. General
Conditions, Other Insurance 5. d.

3. AUTOS RENTED BY EMPLOYEES
Any " auto" hired or rented by your " employee" on
your behalf and at your direction will be
considered an "auto" you hire.

The SECTION IV- Business Auto Conditions, B.

General Conditions, 5. OTHER INSURANCE
Condition is amended by adding the following:
e. If an " employee' s" personal insurance also
applies on an excess basis to a covered
auto" hired or rented by your " employee" on
your behalf and at your direction, this
insurance will be primary to the " employee' s"
personal insurance.

120

4. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in -force covering all of your
employees".

Coverage is excess over any other collectible
insurance.

5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired " autos" are covered " autos" for Liability
Coverage and if 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 or
borrow, subject to the following limit.

The most we will pay for " loss" to any hired " auto"
is:
1) $100, 00;
2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned " auto" for that coverage.

No deductible applies to " loss" caused by fire or
lightning. Hired Auto Physical Damage coverage
is excess over any other collectible insurance.

Subject to the above limit, deductible and excess
provisions, we will provide coverage equal to the
broadest coverage applicable to any covered
auto" you own.

We will also cover loss of use of the hired " auto" if
it results from an " accident", you are legally liable
and the lessor incurs an actual financial loss,
subject to a maximum of $ 1000 per "accident".

This extension of coverage does not apply to any
auto" you hire or borrow from any of your
employees", partners ( if you are a partnership),
members ( if you are a limited liability company),
or members of their households.

6. PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A. 4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $ 50 per day and a maximum limit of
1, 000.

7. LOAN/EASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total " loss" to a
covered " auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the " auto" at the time of the " loss"
and the "outstanding balance" of the loan/ease.

Outstanding balance" means the amount you
owe on the loan/ease at the time of " loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges resulting
from overdue payments; additional mileage
charges; excess wear and tear charges; lease
termination fees; security deposits not returned by
the lessor; costs for extended warranties, credit
life Insurance, health, accident or disability
insurance purchased with the loan or lease; and
carry- over balances from previous loans or
leases.

8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

9. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs B. 4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4. c. and 4. d. do not apply to
equipment designed to be operated solely by
use of the power from the " auto' s" electrical
system that, at the time of "loss", is:
1) Permanently installed in or upon the
covered " auto";
2) Removable from a housing unit which is
permanently installed in or upon the
covered " auto";
3) An integral part of the same unit housing
any electronic equipment described in
Paragraphs ( 1) and ( 2) above; or
4) Necessary for the normal operation of the
covered " auto" or the monitoring of the
covered " auto' s" operating system.
b. Section III, Physical Damage Coverage, Limit
of Insurance, Paragraph C. 2. is amended to
add the following:
1, 500 is the most we will pay for " loss" in
any one " accident" to all electronic equipment
other than equipment designed solely for the
reproduction of sound, and accessories used
with such equipment) that reproduces,
receives or transmits audio, visual or data
signals which, at the time of " loss", is:

Form HA 99 16 12 21 Page 3 of 5
121
1) Permanently installed in or upon the
covered " auto" in a housing, opening or
other location that is not normally used by
the " auto" manufacturer for the installation
of such equipment;
2) Removable from a permanently installed
housing unit as described in Paragraph

2. a. above or is an integral part of that
equipment; or
3) An integral part of such equipment.
c. For each covered " auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $ 250, whichever
deductible is less.

10. EXTRA EXPENSE • BROADENED COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
auto" to you.

11. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

No deductible applies to glass damage if the glass
is repaired rather than replaced.

12. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

If another Hartford Financial Services Group, Inc.
company policy or coverage form that is not an
automobile policy or coverage form applies to the
same " accident", the following applies:
1) If the deductible under this Business Auto
Coverage Form is the smaller ( or smallest)
deductible, it will be waived;
2) If the deductible under this Business Auto
Coverage Form is not the smaller ( or
smallest) deductible, it will be reduced by the
amount of the smaller ( or smallest)
deductible.

13. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2. a. -

DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that 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.

14. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage Form
because of such failure.

15. HIRED AUTO - COVERAGE TERRITORY

SECTION IV, BUSINESS AUTO CONDITIONS,
PARAGRAPH B. GENERAL CONDITIONS, 7. -
POLICY PERIOD, COVERAGE TERRITORY - is
added to include the following:
6) For short- tem hired " autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
insured' s" responsibility to pay damages for
bodily injury" or " property damage" is
determined in a " suit," the " suit" is brought 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.

16. WAIVER OF SUBROGATION
Paragraph 5. TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US - of

SECTION IV - BUSINESS AUTO CONDITIONS
A. Loss Conditions is amended by adding the
following:

We waive any right of recovery we may have
against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damages
under this Coverage Form.

17. RESULTANT MENTAL ANGUISH COVERAGE
The definition of " bodily injury" in SECTION V -
DEFINITIONS, C. is replaced by the following:

Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.

18. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies except
as follows:

If we cancel for any reason other than
nonpayment of premium, we will mail or deliver to
the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.

Page4of5 Form HA 9916 12 21
122

19. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a " non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical Damage
Coverages are amended as follows:
a. If the auto is replaced with a " hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%, to
a maximum of $ 2, 500, of the " non -hybrid"
auto' s actual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a
copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
loss" is $ 10, 000.

For the purposes of the coverage provision,
a. A " non -hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b. A " hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.

20. VEHICLE WRAP COVERAGE
In the event of a total loss to an " auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:

In addition to the actual cash value of the " auto",
we will pay up to $ 1, 000 for vinyl vehicle wraps
which are displayed on the covered " auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one " loss" is $ 5, 000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.

Form HA 99 16 12 21 Page 5 of 5
123
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CHANGE IN INFORMATION PAGE
INSURER: Hartford Casualty Insurance Company
NCCI Company Number: 14397 Audit Period: ANNUAL
Policy Effective Date: 01/3/ 24 Policy Expiration Date: 01/3/ 25 Policy Number: 51 WEC BA8T7Y Endorsement Number: 002
Effective Date: 03/ 22/4 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: ICU TECHNOLOGIES INC
1382 BLUE OAKS BLVD STE 110
ROSEVILLE CA 95678
FEIN Number: 27- 3118908
Producer Name: NAVO FIN INC INS AND FIN SOLUTIONS
It is agreed that the policy is amended as follows:

Producer Code: 51135504
This is NOT a bill. However, any changes in your premium will be reflected in your next billing statement. You will receive a separate bill from The Hartford.

In consideration of an additional premium of $ 131, it is agreed that:

Policy is amended to add the following condition( s):

Waiver of Our Right to Recover from Others Endorsement
Policy is amended to add the following Endorsement Forms reflecting the changes made to your policy.

WC040306
WC990006A(. 2)
Policy is amended to revise the following Endorsement Forms reflecting the changes made to your policy.

G- 4119- 0
WC990006A(. 1P)
Countersigned by
Authorized Representative
Form WC 99 00 06 A ( 1) Printed in U. S. A. Page 1
Process Date: 03/ 22/4 Policy Expiration Date: 01/3/ 25 124
CHANGE IN INFORMATION PAGE ( Continued)
Policy Number: 51 WEC BA8T7Y

SCHEDULE
IT IS AGREED THAT THE POLICY IS AMENDED AS FOLLOWS:

CLASS CODE NUMBER AND DESCRIPTION
CA - Location 1
Rating Period: 01/3/ 2024-2/ 2024
7605

SECURITY ALARM, FIRE ALARM OR LIFE SAFETY

SYSTEMS INSTALLATION, SERVICE OR REPAIR -

INCLUDING SHOP, YARD OR STORAGE OPERATIONS
8742

SALESPERSONS - OUTSIDE
8810
CLERICAL OFFICE EMPLOYEES - N 0 C
Rating Period: 03/ 22/024- 01/ 2025
7605

SECURITY ALARM, FIRE ALARM OR LIFE SAFETY

SYSTEMS INSTALLATION, SERVICE OR REPAIR -

INCLUDING SHOP, YARD OR STORAGE OPERATIONS
8742

SALESPERSONS - OUTSIDE
8810
CLERICAL OFFICE EMPLOYEES -N 0 C
Rating Period: 01/3/ 2024-025
7605

SECURITY ALARM, FIRE ALARM OR LIFE SAFETY

SYSTEMS INSTALLATION, SERVICE OR REPAIR -

INCLUDING SHOP, YARD OR STORAGE OPERATIONS
8742

SALESPERSONS - OUTSIDE
8810
CLERICAL OFFICE EMPLOYEES -N 0 C
Total State Summary
Total Class Premium
CA Territorial Differential
Waiver charge
Schedule Rating Factor
Premium discount
Expense constant
Terrorism Risk Insurance Program Reauthorization Act
Disclosure Endorsement
CA User Fund
Form WC 99 00 06 A ( 1) Printed in U. S. A.

Process Date: 03/ 22/4

ESTIMATED

TOTAL ANNUAL

REMUNERATION
45, 112. 00
201, 169. 00
177, 426. 00
163, 888. 00
730, 831. 00
644, 574. 00
209, 000.
932, 000.
822, 000.

0.0 0.0

0.0 0.0

0.0 0.0

0.0 RATES PER 100
OF

REMUNERATION

3. 950000

0. 500000

0. 350000

3. 950000

0. 500000

0. 350000

3. 950000

0. 500000

0. 350000

0. 877000

0.20000

0. 500000

0.10000

0.20000

ESTIMATED
ANNUAL

PREMIUMS
1, 782
1, 006
621
6, 474
3, 654
2,56
8, 256
4, 660
2, 877
0 1
248
125
2 0
0 2. 460400 4

Policy Expiration Date: 01/3/ 25
125
CHANGE IN INFORMATION PAGE ( Continued)
Policy Number: 51 WEC BA8T7Y

SCHEDULE
IT IS AGREED THAT THE POLICY IS AMENDED AS FOLLOWS:

CLASS CODE NUMBER AND DESCRIPTION ESTIMATED RATES PER 100 ESTIMATED

TOTAL ANNUAL OF ANNUAL

RENUMERATION RENUMERATION PREMIUMS
CA Fraud 0.0 0. 412200 1
CA Uninsured Employers Benefit Trust Fund 0.0 0. 150500 0 CA Subsequent Injuries Benefit Trust Fund Assessments 0.0 1. 589100 3 CA Occupational Safety & Health Fund 0.0 0. 726600 1
CA Labor Enforcement & Compliance Fund 0.0 0. 710900 0
California Total Cost 131
Form WC 99 00 06 A ( 1) Printed in U. S. A. Page 3
Process Date: 03/ 22/4 Policy Expiration Date: 01/3/ 25 126
THE

HARTFORD

POLICY HOLDER NOTICE - PAYROLL BILLING
Thank you for choosing The Hartford. Your policy is on our payroll billing method. The payroll billing method uses actual payrolls received throughout the policy period and a blended rate( s) to determine premiums due during the policy period.

To learn more about how your premium is calculated on the payroll billing method please visit:
https:// www. thehartford. com/ blended
Below are the blended rate( s) being used for each state and classification code on your policy:

State Class Code Blended Rate Effective
1: 1382 BLUE OAKS BLVD
STE 110, ROSEVILLE, CA
8810 0. 180000 01/3/ 2024
1: 1382 BLUE OAKS BLVD
STE 110, ROSEVILLE, CA
7605 1. 850000 01/3/ 2024
1: 1382 BLUE OAKS BLVD
STE 110, ROSEVILLE, CA
8742 0. 250000 01/3/ 2024
1: 1382 BLUE OAKS BLVD
STE 110, ROSEVILLE, CA
8742 0. 260000 03/ 22/024
1: 1382 BLUE OAKS BLVD
STE 110, ROSEVILLE, CA
7605 1. 890000 03/ 22/024
1: 1382 BLUE OAKS BLVD
STE 110, ROSEVILLE, CA
8810 0. 190000 03/ 22/024
Form G- 4119- 0 Printed in U. S. A.
2017, The Hartford
127
AC- Rd

CERTIFICATE OF LIABILITY INSURANCE

DATE ( MM/ DD/ YYYY)
03/ 22/024

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 be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer

PRODUCER
rights to the certificate holder in lieu of such endorsement( s).

NAVO FIN INC INS AND FIN SOLUTIONS
51135504
2045 SOUTH COURT STREET
VISALIA CA 93277
CONTACT NAME:

PHONE ( 559) 733- 5169
IA/ c, No, Bay
Fax
ac, No):

E- MAIL ADDRESS:

INSURER( S) AFFORDING COVERAGE NAIC#
INSURER A: Hartford Casualty Insurance Company 29424

INSURED

ICU TECHNOLOGIES INC
1382 BLUE OAKS BLVD STE 110
ROSEVILLE CA 95678- 7052
INSURER B :

INSURER C:

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: 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
INSR
SUER
WVD

POLICY NUMBER

POLICY EFF

MM/ DD/ YYYY)

POLICY EXP

MMIDD/ YYY()
LIMITS

COMMERCIAL GENERAL LIABILITY
OCCUR
L_J

EACH OCCURRENCE
CLAIMS - MADE] DAMAGE TO RENTED
PREMISES ( Ea occurrence)
MED EXP ( Any one person)

PERSONAL & ADV INJURY

GEN' L AGGREGATE LIMIT APPLIES
POLICY PROJECT
OTHER:

PER:

LOC

GENERAL AGGREGATE

PRODUCTS - COMP/ O AGG

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED
AUTOS
HIRED
AUTOS

SCHEDULED

NON - OWNED
AUTOS

COMBINED SINGLE LIMIT
Ea accident)
BODILY INJURY ( Per person)
AUTOS BODILY INJURY ( Per accident)

PROPERTY DAMAGE
Per accident)
UMBRELLA L1AB

EXCESS LIAR
OCCUR

CLAIMS -
MADE

EACH OCCURRENCE

AGGREGATE
DED RETENTION $
A

WORKERS COMPENSATION

AND EMPLOYERS- LIABILITY

ANY Y/ N
PROPRIETOR/ PARTNER/ EXECUTIVE rOFFICER/ MEMBER EXCLUDED? L Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA X 51 WEC BA8T7Y 01/3/ 2024 01/3/ 2025
x
PER OTHSTATUTE ER
E. L. EACH 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 if more space is required) Those usual to the Insured' sOperations.

CERTIFICATE HOLDER
For Informational Purposes Only
1382 BLUE OAKS BLVD STE 110
ROSEVILLE CA 95678- 7052

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
i .,) of C -Z
ACORD 25 ( 2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
128
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 51 WEC BA8T7Y Endorsement Number: 002
Effective Date: 03/ 22/4 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: ICU Technologies Inc
1382 BLUE OAKS BLVD STE 110
ROSEVILLE CA 95678
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by
Authorized Representative
Form WC 04 03 06 ( 1) Printed in U. S. A.

Process Date: 03/ 22/4 Policy Expiration Date: 01/3/ 25 129
AGENCY CUSTOMER ID:

LOC#:

AGENCY
ADDITIONAL REMARKS SCHEDULE Page 2 of 2

NAVO FIN INC INS AND FIN SOLUTIONS

POLICY NUMBER
SEE ACORD 25

CARRIER
SEE ACORD 25

NAIC CODE

NAMED INSURED

ICU TECHNOLOGIES INC
1382 BLUE OAKS BLVD STE 110
ROSEVILLE CA 95678- 7052
EFFECTIVE DATE: SEE ACORD 25

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Waiver of Subrogation applies in favor of the Certificate Holder per the Broad Form Endorsement - Extended Option WC990301, attached to this policy.

ACORD 101 ( 2014/ 01) 2014 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks ofACORD
130
THE

HARTFORD

THE HARTFORD

BUSINESS SERVICE CENTER
3600 WISEMAN BLVD
SAN ANTONIO TX 78251
For Informational Purposes Only
1382 BLUE OAKS BLVD STE 110
ROSEVILLE CA 95678- 7052
Account Information:

Policy Holder Details : ICU Technologies Inc
March 22, 2024
Ft Contact Us
Need Help?
Chat online or call us at
866) 467- 8730.

We' r here Monday - Friday.

Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns.

Sincerely,
Your Hartford Service Team
WLTROO5
131

PAGE LEFT

INTENTIONALLY
BLANK
132
ITEM 4. 7

CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH BUTLER AMUSEMENTS, INC. FOR

LATHROP POLICE DEPARTMENT TO PROVIDE LAW

ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL
EVENT ON APRIL 18, 2024 THROUGH APRIL 21, 2024
RECOMMENDATION: Adopt Resolution Approving Professional Services Agreement with Butler Amusement, Inc. for Lathrop
Police Department to Provide Law Enforcement
Services for their Annual Carnival Event on April 18,
2024 through April 21, 2024
SUMMARY:

Butler Amusements, Inc. (Butler) is holding its annual carnival for 2024 at 1401 River Islands Parkway ( APN 213- 310- 4). The event is scheduled to be held from April 18, 2024 through April 21, 2024. Set up for the event will begin on April 15, 2024 and teardown will be on April 21, 2024. Butler is contracting with a private security firm to provide security for the duration of the event. In addition, Butler has requested law enforcement services from the City of Lathrop Police Department ( LPD) for their event for additional security. The Lathrop Police Department is requiring two ( 2) Police Officers and one ( 1) Community Service Officer ( CSO) during the peak hours of the event as detailed in the table below:

Date No. of
Officers
No. of
CSOs
Hours Total
Hours
Friday, April 19 2 1 4: 30PM - 9: 30PM ( 5 hours) 15 Hours Saturday, April 20 2 1 4: 30PM - 9: 30PM ( 5 hours) 15 Hours Sunday, April 21 2 1 4: 30PM - 9: 30PM ( 5 hours) 15 Hours The total hours required for the duration of the event is thirty ( 30) police officer overtime hours and fifteen ( 15) CSO overtime hours. LPD is able to provide the required overtime hours for the carnival. Butler has further agreed to pay the cost of additional law enforcement services should circumstances require additional hours or mutual aid from other agencies to restore or secure public safety at the event.

Staff recommends City Council approve the agreement to authorize LPD to provide law enforcement services for Butler Amusement' sannual carnival event. 133
CITY MANAGER' S REPORT PAGE 2
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. FOR LATHROP POLICE DEPARTMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL EVENT ON APRIL 18, 2024 THROUGH APRIL 21, 2024
BACKGROUND:

Butler holds an annual carnival during the month of April that attracts thousands of local attendees from the City of Lathrop and the surrounding areas. For 2023, LPD provided law enforcement services to Butler for their annual carnival, and Butler has requested LPD to provide law enforcement services for their carnival again this year.

LPD is able to provide the requested hours for the event.

The carnival is scheduled from April 18, 2024 through April 21, 2024 and will be held at 1401 River Islands Parkway, near the Welcome Center in River Islands. The carnival will consist of nineteen ( 19) amusement rides, approximately eleven ( 11) game concessions and two ( 2) food concessions. Lathrop Police Department is requiring a total of thirty ( 30) police officer overtime hours and fifteen ( 15) CSO overtime hours for the duration of the event.

Lathrop Police Officers will work the hours below:

Date No. of
Officers
Hours Total
Hours
Est. OT
Hourly
Rate
Estimated
Total Cost
Friday, April 19 2 4: 30PM - 9: 30PM ( 5 hours) 10 108. 55 1, 085. 50 Saturday, April 20 2 4: 30PM - 9: 30PM ( 5 hours) 10 108. 55 1, 085. 50 Sunday, April 21 2 4: 30PM - 9: 30PM ( 5 hours) 10 108. 55 1, 085. 50 Community Service Officers will work the hours below:

Date No. of
Officers
Hours Total
Hours
Est. OT
Hourly
Rate
Estimated
Total Cost
Friday, April 19 1 4: 30PM - 9: 30PM ( 5 hours) 5 60. 54 302. 70 Saturday, April 20 1 4: 30PM - 9: 30PM ( 5 hours) 5 60. 54 302. 70 Sunday, April 21 1 4: 30PM - 9: 30PM ( 5 hours) 5 60. 54 302. 70 LPD officers will work on a voluntary and rotational basis, and officers working the event will do so outside of their regularly assigned work schedule.

The total estimated cost for the overtime hours requested is $ 4, 166. Butler further agrees to pay the cost of additional law enforcement services should circumstances require a mutual aid request from other City, County, or State agencies in order to restore or secure public safety at the event.
134
CITY MANAGER' S REPORT PAGE 3
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. FOR LATHROP POLICE DEPARTMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL EVENT ON APRIL 18, 2024 THROUGH APRIL 21, 2024
REASON FOR RECOMMENDATION:

LPD is able to provide the services requested and Butler has agreed to pay the overtime rate to cover the costs of sworn personnel. Staff recommends Council approve the agreement to allow LPD to provide law enforcement services for Butler' s annual carnival.

FISCAL IMPACT:

LPD overtime for the event is estimated at $ 4, 166 and Butler agrees to pay this amount as an initial deposit. At the conclusion of the event, the City will invoice Butler for the actual cost of providing law enforcement services and apply the deposit as a credit. Should circumstances arise requiring more hours than what was scheduled or mutual aid from other agencies was needed, Butler will be responsible for reimbursement of the actual hours worked and costs for mutual aid.

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

Increase Revenue: 1010- 4- 20- 341- 01- (Current Service Charges) $909 Increase Revenue: 1010- 4- 30-41- 0- (Current Service Charges) $3, 257 Increase Expense: 1010- 4- 30-10- 13- 00 (Overtime) $909 Increase Expense: 1010- 4- 20-10- 13- 00 (Overtime) $3, 257 ATTACHMENTS:

A. Resolution Approving Professional Services Agreement with Butler Amusements, Inc. for Lathrop Police Department to Provide Law Enforcement Services for Annual Carnival Event on April 18, 2024 through April 21, 2024 B. Professional Services Agreement with Butler Amusements, Inc. for Lathrop Police Department to Provide Law Enforcement Services for Annual Carnival Event on April 18, 2024 through April 21, 2024
135
CITY MANAGER' SREPORT PAGE 4
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. FOR LATHROP POLICE DEPARTMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL EVENT ON APRIL 18, 2024 THROUGH APRIL 21, 2024
APPROVALS:
en Sealy
Chief of Police
Cari James
Finance Dire tor
3 / 2-0 7—kt9
Da e
3M1koca2,
Date
Salvador Navarrete Date
City Attorney
3 -Z8 -VI
Stephen J. Salvatore Date
City Manager
136
RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING PROFESSIONAL SERVICES AGREEMENT WITH BUTLER
AMUSEMENTS, INC. FOR LATHROP POLICE DEPARTMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL EVENT ON APRIL 18, 2024 THROUGH APRIL 21, 2024
WHEREAS, Butler Amusements, Inc. (Butler) is holding its annual carnival at 1401 River Islands Parkway ( APN 213- 310- 4); and
WHEREAS, the event is scheduled to be held from April 18, 2024 through April 21, 2024, with set up for the event to begin on April 15, 2024 and teardown will be on April 22, 2024; and
WHEREAS, the carnival will consist of nineteen ( 19) amusement rides, approximately eleven ( 11) game concessions and two ( 2) food concessions; and WHEREAS, Butler is contracting with a private security firm to provide security. for the duration of the event; and
WHEREAS, for 2023, Butler contracted with the Lathrop Police Department LPD) to provide additional law enforcement services for their annual carnival; and WHEREAS, Butler has requested LPD provide law enforcement services for their annual event this year, and LPD is able to provide the requested hours; and WHEREAS, Government Code 53069. 8allows the legislative body of any city to contract with private entities to preserve the peace at special events or occurrences and provide supplemental law enforcement services; and
WHEREAS, the Lathrop Police Department is requiring two ( 2) police officers and one ( 1) Community Service Officer for the duration of the event as detailed in the table below; and
Date No. of
Officers
No. of
CSOs
Hours Total
Hours
Friday, April 19 2 1 4: 30PM - 9: 30PM ( 5 hours) 15 Hours Saturday, April 20 2 1 4: 30PM - 9: 30PM ( 5 hours) 15 Hours Sunday, April 21 2 1 4: 30PM - 9: 30PM ( 5 hours) 15 Hours WHEREAS, the total hours required for the duration of the event is thirty ( 30) police officer overtime hours and fifteen ( 15) CSO overtime hours; and WHEREAS, officers will work on a voluntary and rotational basis, and officers working the event will do so outside of their regularly assigned work schedule; and 137
WHEREAS, Butler further agrees to pay the cost of additional law enforcement services should circumstances require a mutual aid request from other City, County, or State agencies in order to restore or secure public safety at the event; and WHEREAS, overtime for the event is estimated at $ 4, 166; and WHEREAS, there is no fiscal impact to the City for this agreement, however, the budget adjustment below is required to reflect the increase in revenue for staff time:

Increase Revenue: 1010- 4- 20- 341- 01- (Current Service Charges) $909 Increase Revenue: 1010- 4- 30-41- 0- (Current Service Charges) $3, 257 Increase Expense: 1010- 4- 30-10- 13- 00 (Overtime) $909 Increase Expense: 1010- 4- 20-10- 13- 00 (Overtime) $3, 257 NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the agreement with Butler Amusements, Inc. to provide law enforcement services for the annual carnival event on April 18, 2024 through April 21, 2024.
138
The foregoing resolution was passed and adopted this 8th day of April 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST:

Teresa Vargas, City Clerk
APPROVED AS ORM:

Salvador Navarrete, City Attorney
139

ATTACHMENT B

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

FOR LATHROP POLICE DEPARTMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL EVENT ON APRIL 18, 2024 THROUGH APRIL 21, 2024
THIS AGREEMENT for law enforcement services to BUTLER AMUSEMENTS, INC. for the ANNUAL CARNIVAL event ( hereinafter " EVENT"), dated for convenience this 8th day ofApril 2024 is by and between BUTLER AMUSEMENTS, INC., a separate and distinct entity ( hereinafter " BUTLER") and the City of Lathrop, a California municipal corporation ( hereinafter " CITY"). The CITY and BUTLER may be referred to herein as " Party" or collectively as " Parties".

RECITALS:

WHEREAS, BUTLER requests the CITY to provide law enforcement security services for its EVENT; and
WHEREAS, the CITY desires to accommodate BUTLER' Srequest and has no objections to providing law enforcement security services for the EVENT as allowed by Government Code 53069. 8and reserves the right to terminate EVENT for the purposes of public safety; and WHEREAS, any costs associated with work hours pursuant to this AGREEMENT wherein Officers worked at the EVENT shall be paid for by BUTLER at the rate indicated in the estimated cost schedule below.

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

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

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

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

C. The estimated costs is based on the understanding that CITY shall assign Police Officers and Community Service Officers to cover the EVENT on each requested day on a rotational basis. Police and Community Resource Officer( s) will work from a schedule with a total of 136 hours for the duration of the EVENT as detailed in Section 2 Compensation below.

140
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. FOR LATHROP POLICE DEPARTMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL CARNIVAL EVENT APRIL 18, 2024 THROUGH APRIL 21, 2024.

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

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

F. BUTLER agrees to pay the CITY for all costs associated with providing law enforcement services for the EVENT. In addition, if further resources are needed to provide adequate security at the EVENT, including mutual aid from other agencies, those cost will be the responsibility of BUTLER. Hourly rates for the additional resources that are not included in the estimated cost schedule may vary. 2) Compensation
BUTLER hereby agrees to pay an initial deposit of $4, 166, which is the total estimated cost of law enforcement services as detailed in the schedule below:

Date No. of
Officers
Hours Total
Hours
Est. OT
Hourly Rate
Estimated
Total Cost
4/ 19/ 24 2 4: 30PM — 9: 30PM ( 5 hours) 10 108. 55 1, 085. 50 4/ 20/4 2 4: 30PM — 9: 30PM ( 5 hours) 10 108. 55 1, 085. 50 4/ 21/4 2 4: 30PM — 9: 30PM ( 5 hours) 10 108. 55 1, 085. 50 Total Police Officers Estimated Cost 3, 256. 50
Date No. of
CSOs
Hours Total
Hours
Est. OT
Hourly Rate
Estimated
Total Cost
4/ 19/ 24 1 4: 30PM — 9: 30PM ( 5 hours) 5 60. 54 302. 70 4/ 20/4 1 4: 30PM — 9: 30PM ( 5 hours) 5 60. 54 302. 70 4/ 21/4 1 4: 30PM — 9: 30PM ( 5 hours) 5 60. 54 302. 70 Total Community Service Officers Estimated Cost s908. 10 After the EVENT, CITY will invoice BUTLER for law enforcement services for actual hours of CITY personnel and any additional resource costs incurred for the EVENT and apply the initial deposit as a credit. Hourly rates for additional resources that may be needed to provide adequate security at the EVENT that are not included in the estimated cost schedule above may vary. 3) Effective Date and Term
The effective date of this Agreement shall be from the date of its full execution through April 21, 2024, unless terminated earlier by either party providing seven ( 7) days' written notice. 4) Employment of Officer( s) and Assivnments
CITY shall retain control over supervision, wages, and other terms and conditions of employment of the officers providing the services under this Agreement. The parties acknowledge that such officers are held to the requirements of the law and CITY policies and procedures. BUTLER shall

141
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. FOR LATHROP POLICE DEPARTMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL CARNIVAL EVENT APRIL 18, 2024 THROUGH APRIL 21, 2024.
immediately notify the CITY of any concerns regarding the performance of the assigned officers, including, but not limited to, adherence to quality of services as detailed in this agreement.

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

Police Officer( s) will work from a schedule as detailed in Section 2 Compensation of the Agreement, unless otherwise adjusted due to circumstantial events as referenced in the Agreement. 5) Billings
CITY shall submit one invoice at the conclusion of the EVENT for actual law enforcement services incurred and any additional resource costs incurred for the EVENT. BUTLER shall remit payment to the CITY within thirty ( 30) days of receipt of invoice. 6) Supplies & Equipment
CITY shall provide each officer with the following equipment:

A. Police Vehicles: City shall,

1. Provide a standard patrol vehicle for each officer.

2. Maintain the motor vehicles assigned to each officer.

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

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

B. Weapons and Ammunition

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

C. Office Supplies

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

142
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. FOR LATHROP POLICE DEPARTMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL CARNIVAL EVENT APRIL 18, 2024 THROUGH APRIL 21, 2024.
construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 ( or equivalent) is also required.

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

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

D. Coverage shall contain a waiver of subrogation in favor of the CITY. 9) Indemnification
A. BUTLER shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers ( hereafter collectively City Personnel) from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation ( including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the any services provided by the City or any City Personnel or their performance of work or any failure to comply with any of the City' s duties contained in the Agreement, except such loss or damage which was caused by the gross or willful misconduct of City Personnel.

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

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

D. The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City or City Personnel that they would not owe in the absence of the Agreement. The Agreement does not create an affirmative duty of care ( including, without limitation, a duty to protect, a duty to deter and/ or a duty to intervene) by the City or City Personnel and the absence of City Personnel is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the City nor City Personnel intend to waive any immunities to which they would be entitled in the absence of the Agreement.

143
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. FOR LATHROP POLICE DEPARTMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL CARNIVAL EVENT APRIL 18, 2024 THROUGH APRIL 21, 2024.
10) Integration of Prior Terms and Conditions
This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party. An authorized agent of the City shall be a person specifically authorized by the legislative body of the City to execute this Agreement, at the level of City Manager or City Attorney or equivalent. The indemnity sections shall survive termination or expiration of this agreement.
11) Termination
Either Party to this Agreement may for any reason terminate this Agreement at any time by giving seven ( 7) days' written notice to the other party. Upon termination of this Agreement as herein provided, BUTLER shall have no obligation to compensate of pay the CITY except for services provided prior to termination.
12) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party ( 1) personally served, (2) sent by the United States mail, postage prepaid, by certified mail ( 3) sent by private express delivery service and addressed as follows:

To City:

Copy to:

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

Attn: Andrea Stillwell
P. O. Box 2210
Fairfield, CA 94533
A. Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.

B. Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.

144
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. FOR LATHROP POLICE DEPARTMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL CARNIVAL EVENT APRIL 18, 2024 THROUGH APRIL 21, 2024.

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

D. Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.

E. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.

F. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.

G. Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.

H. Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.

I. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.

J. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

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

L. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.

M. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.

N. Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.

145
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. FOR LATHROP POLICE DEPARTMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL CARNIVAL EVENT APRIL 18, 2024 THROUGH APRIL 21, 2024.
14) 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 BUTLER and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

146

CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. FOR LATHROP POLICE DEPARTMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL CARNIVAL EVENT APRIL 18, 2024 THROUGH APRIL 21, 2024.

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

City of Lathrop: Butler Amusements, Inc.:

Recommended for Approval:

Stephen Sealy
Chief of Police
Approved By:

Date
Stephen J. Salvatore Date
City Manager
Approved as to Form:

Salvador Navarrete
City Attorney
Date
Attest:

Teresa Vargas
City Clerk
Date
Andrea Stillwell Date
Butler Amusements, Inc.

Page
147
8 of 8

PAGE LEFT

INTENTIONALLY
BLANK
148
ITEM 4. 8

CITY MANAGER' SREPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE TASK ORDER NO. 12 WITH GOODWIN
CONSULTING GROUP, INC. FOR CITYWIDE CFF
UPDATE, CIP GG 22- 01 AND APPROVE BUDGET

AMENDMENT
RECOMMENDATION: Adopt Resolution Approving Task Order No. 12 with Goodwin Consulting Group, Inc., for the Citywide
Capital Facilities Fees Update, CIP GG 22- 01 and
Approve Budget Amendment
SUMMARY:

Capital Facilities Fees ( CFF' s) are essential to providing a revenue source for capital improvement projects within the City. As development progresses, it is necessary to update the CFF' sto include modifications to land uses, reimbursements for developer installed infrastructure and adjustments to existing fees for current project costs.

Staff received a proposal from Goodwin Consulting Group, Inc. (GCG) to update the CFF' s, CIP GG 22- 01. Staff requests that City Council approve Task Order No. 12 with GCG for $ 59,00. Sufficient funds were not approved in the FY 23-4 budget, therefore; staff also requests that City Council approve a budget amendment as detailed in the fiscal impact section below.

BACKGROUND:

On November 13, 2023, City Council approved the Central Lathrop Specific Plan CLSP) Phase 2 Amendment changing the zoning in the CLSP Phase 2 area from residential to limited industrial. Pursuant to the conditions of the CLSP Phase 2 Amendment, Hodgdon Group ( Developer) is required to complete a Capital Facility Fee Study to update existing fees and establish new fees that will fund existing and proposed infrastructure throughout the City. The change from residential to limited industrial zoning modified the weight in which the CFF' s are distributed throughout the City and therefore, a citywide CFF update is needed.

The State of California Mitigation Fee Act ( also known as " AB 1600," Government Code sections 66000, et seq.), identifies the required findings which must be made by the City in any action establishing, increasing, or imposing a development impact fee as a condition of approval of a development project. The City retained GCG to assist in preparing fees for CLSP Phase 2, in accordance with AB 1600. GCG has assisted the City in establishing CFF' s for various specific plan areas throughout the City.
149
CITY MANAGER' S REPORT PAGE 2
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 12 WITH GOODWIN CONSULTING GROUP, INC.

FOR CITYWIDE CFF UPDATE, CIP GG 22- 01 AND APPROVE BUDGET

AMENDMENT
REASON FOR RECOMMENDATION:

CFF' s are essential to providing a revenue source for capital improvement projects within the City. As development progresses, it is necessary to update the CFF' s to include modifications to land uses, reimbursements for developer installed infrastructure and adjustments to existing fees for current project costs.

FISCAL IMPACT:

The total cost of Task Order No. 12 with GCG is $ 59,00 to update the CFF' s. The Developer has funded Task Order No. 12, but the funds need to be transferred to the project ( GG 22- 01), therefore staff requests that City Council approve a budget amendment as detailed below.

Increase Revenue
2710- 8- 00- 372- 01-0
Increase Transfer Out
2710- 9900--010
Increase Transfer In
3010- 9900- 393- 0000
Increase Appropriation
3010- 8000- 420- 10
ATTACHMENTS:
59,00
59,00
GG 22- 01 $ 59,00
GG 22- 01 $ 59,00
A. Resolution Approving Task Order No. 12 with Goodwin Consulting Group, Inc., for the Citywide Capital Facilities Fees Update, CIP PS 22- 01 and Approve Budget Amendment
B. Task Order No. 12 with Goodwin Consulting Group to update the Citywide Capital Facilities Fees Update, CIP GG 20- 17
150
CITY MANAGER' SREPORT PAGE 3
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 12 WITH GOODWIN CONSULTING GROUP, INC.

FOR CITYWIDE CFF UPDATE, CIP GG 22- 01 AND APPROVE BUDGET

AMENDMENT

APPROVALS
Brad ylor
City Engineer
Cari Ja
Finance ,'- ctor
Michael King
Assistant City Manager
Salvador Navarrete
City Attorney
Date
3/ 26/ 7432- 1
Date
4474W
3 • ZC Z. ozy
Date

2. 4
1-‘ 4
Date
3•Z8•#
Stephen J. Salvatore Date
City Manager
151
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TASK ORDER NO. 12 WITH GOODWIN CONSULTING GROUP, INC. FOR THE CITYWIDE CAPITAL FACILITIES FEES UPDATE, CIP GG 22- 01

AND APPROVE BUDGET AMENDMENT
WHEREAS, on November 13, 2023 City Council approved the Central Lathrop Specific Plan ( CLSP) Phase 2 Amendment changing the zoning in the CLSP Phase 2 area from residential to limited industrial; and
WHEREAS, pursuant to the conditions of the CLSP Phase 2 Amendment Hodgdon Group Realty, Inc. (Developer) is required to complete a Capital Facility Fee Study to update existing fees and establish new fees that will fund existing and proposed infrastructure throughout the City; and
WHEREAS, the change from residential to limited industrial zoning modified the weight in which the CFF' s are distributed throughout the City and therefore, a citywide CFF update is needed; and
WHEREAS, the State of California Mitigation Fee Act ( also known as " AB 1600," Government Code sections 66000, et seq.), identifies the required findings which must be made by the City in any action establishing, increasing, or imposing a development impact fee as a condition of approval of a development project. The City retained GCG to assist in preparing fees for CLSP Phase 2, in accordance with AB 1600. GCG has assisted the City in establishing CFF' sfor various specific plan areas throughout the City; and
WHEREAS, the total cost of Task Order No. 12 with GCG is $ 59,00 to update the Citywide CFF' s, CIP GG 22- 01. The Developer has funded Task Order No. 12, but the funds need to be transferred to the project; therefore, staff requests that City Council approve a budget amendment as follows:

Increase Revenue
2710- 8- 00- 372- 01-0 $ 59,00
Increase Transfer Out
2710- 9900--010 $ 59,00
Increase Transfer In
3010- 9900- 393- 0000 GG 22- 01 $ 59,00
Increase Appropriation
3010- 8000- 420- 10 GG 22- 01 $ 59,00
152
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves Task Order No. 12 with Goodwin Consulting Group, Inc. for 59,00 to update the Citywide CFF' s and budget amendment as detailed above. 153
The foregoing resolution was passed and adopted this 8th day of April 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 154

ATTACHMENT

CITY OF LATHROP
TASK ORDER NO. 12 PURSUANT TO MASTER CONSULTING
AGREEMENT DATED MAY 13, 2019 WITH

GOODWIN CONSULTING GROUP

TO PREPARE THE CITYWIDE CAPITAL FACILITIES FEES UPDATE, CIP GG 22- 01
THIS TASK ORDER NO. 12, dated for convenience this 8t" of April 2024 is by and made and entered into by and between GOODWIN CONSULTING GROUP CONSULTANT") and the CITY OF LATHROP, a California municipal corporation CITY");
RECITALS:

WHEREAS, on May 13, 2019, CONSULTANT entered into a Master Agreement AGREEMENT") with the CITY, and pursuant to Section 3 " Effective Date and Term," the AGREEMENT shall automatically be renewed under the same terms and conditions by which the CONSULTANT has agreed to prepare Capital Facilities Fees for Various Development Projects; and
WHEREAS, at the request of the City, CONSULTANT submitted the scope of work and fee estimate for services which are attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the developer ( Hodgdon Group Realty, Inc.) has fully funded the cost of this agreement, and payment has been deposited with the CITY; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Incorporation of Master Agreement
This Task Order No. 12 hereby incorporates by reference all terms and conditions set forth in the Master Agreement for Consulting Services dated May 13, 2019, unless specifically modified by this Task Order. 2) Scope of Service
CONSULTANT agrees to perform services in accordance with the scope of work and fee proposal attached hereto as Exhibit " A" to this Task Order.

CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to the CITY' Ssatisfaction.

155
CITY OF LATHROP — TASK ORDER NO. 12 WITH GOODWIN CONSULTING GROUP TO PREPARE THE CITYWIDE CFF UPDATE, CIP GG 22- 01
3) Effective Date and Term.

The effective date of this Task Order No. 12 is April 8, 2024, and it shall terminate no later than December 31, 2025.
4) Compensation
CITY hereby agrees to pay CONSULTANT hourly rates and other charges not to exceed $ 59,00 for the scope of work and fee proposal attached hereto as Exhibit "A". CONSULTANT shall be paid any uncontested sum due and payable within thirty (30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit "A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work.
5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurance have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.
6) 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.

156
CITY OF LATHROP — TASK ORDER NO. 12 WITH GOODWIN CONSULTING GROUP TO PREPARE THE CITYWIDE CFF UPDATE, CIP GG 22- 01
Approved as to Form: City of Lathrop
City Attorney
Q 3 - z - z- `(
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: Goodwin Consulting Group
655 University Avenue, Suite 200
Sacramento, CA 95825
Fed ID #
Lathrop Bus License #
By: Print Name, Title Date

157

EXHIBIT

GCG GOODWIN CONSULTING GROUP
I. CITY OF LATHROP FEE STUDY UPDATE - SCOPE OF WORK
Goodwin Consulting Group, Inc. (GCG) will prepare the City of Lathrop ( City) Capital Facilities Fee ( CFF) Study Update ( the " Study") to ensure that the fees included in the Study are compliant with the Mitigation Fee Act ( Government Code Section 66000 et. seq.) and updated for revised land uses approved in Phase 2 of the Central Lathrop Specific Plan ( CLSP) area. Additionally, GCG will evaluate the existing fee methodologies and update as required to comply with new impact fee requirements pursuant to Assembly Bill 602 ( AB 602) that went into effect in 2022.

These CFFs will be used to fund various public facilities both within Central Lathrop and also other development areas ofthe City that share facilities with Phase 2 of CLSP. The CFFs included in this scope of work are as follows:

West/ Central Lathrop Regional Transportation
Water System — West/ Central Lathrop Well Improvement
Sewer/ Recycled Water System for CLSP
Culture and Leisure
CLSP In -Lieu Community Parks Dedication
CLSP Storm Drainage System Improvements for WS4
Municipal Services
WLSP Regional Transportation
Following is a summary of the tasks that will be provided.

Task 1. Project Initiation Meeting
GCG will coordinate with City staff on the updated facilities, costs, and development estimates within CLSP and other areas that will be used to calculate the fees. GCG will also coordinate with staff on the cost allocation methodology that will be used to calculate the fees. GCG will review the cost allocation methodologies to ensure they are a reasonable approach to establish nexus between the land uses and the fees and to ensure compliance with AB 602. GCG will coordinate with the City on reviewing existing levels of service and any justifications needed for increases as a result of the fee updates. Additionally, GCG will coordinate with the City to examine fees collected prior to the fee update to justify fee increases, if any, as required by AB 602. Finally, GCG will coordinate with City staff to determine the preferable fee format for the program.

Task 2. Data Collection and Development
GCG will collect updated land use, infrastructure, parcel, and development data related to the CLSP area and refer to the DA regarding reimbursement provisions for the facilities and costs.

GCG will also obtain land use information for other affected areas as necessary. If necessary, City of Lathrop 1 Lathrop CFF Update
158
GCG will collect existing residential square footage data to develop an average for use in converting fees to a per square -foot basis, as required by AB 602. GCG will rely on an existing traffic study or a new traffic study for trip generation information used to update the West/ Central Lathrop Regional Transportation CFF.

Task 3. Fee Calculation and Analysis
Once the facilities and land costs have been updated, GCG will allocate costs based on application of the following steps:

Allocate each facility' scosts based on acreage or equivalent dwelling units ( EDUs) to the land use categories in CLSP and any other affected areas. Coordinate with City staff on acreage totals and whether acreage numbers should be reduced to account for streets and other public uses.

Calculate fees on a per square -foot basis or convert where necessary to comply with requirements in AB 602. Otherwise, GCG will calculate fees on a per unit basis for residential development and on a per square foot basis for non- residential development, or on any other basis that is compliant with the Mitigation Fee Act.

Once calculated, GCG will provide the draft fees to the City for discussion, comment, and to make any necessary changes to the fee analysis.

Task 4. Report Preparation
This task involves summarizing all data and assumptions used to determine the fees and presenting the findings of the Study. The report will identify all facilities and detailed costs to be funded by the plan, outline the nexus argument for the fee amounts and provide a clear discussion of how fees were calculated. GCG will also provide a clear summary of the land uses within the affected area of each fee.

The report will also identify the cost allocation methodology used to determine the fair share cost for the development areas. Pursuant to AB 602, the report will review levels of service for any fees that are establishing a higher level of service as a result of the CFF update. The report will also review fees collected for any fees that increase as a result of the update. Finally, the report will include a discussion of the annual accounting, reporting, and administrative procedures that are required pursuant to AB 1600. GCG will provide the City with an administrative draft version of the report, a draft report for public distribution, and a finalized report for presentation to the City Council and the public.

Task 5. Meetings
GCG will attend up to two meetings associated with this scope of work, which may include, but will not be limited to, meetings with City staff or developer( s) to review data requirements, assumptions, or the draft fee report; and City Council meeting to present the final report. GCG will also prepare a PowerPoint presentation for the City Council meeting that summarizes the results of the Study.

City of Lathrop 2 Lathrop CFF Update
159
II. FEE PROPOSAL
In association with the scope of work set forth in Section I above, GCG proposes a fee of $59,00.

This fee represents a maximum amount not to be exceeded subject to the limitations set forth below. If the scope of work can be completed for less than the maximum budget, only the hours actually expended will be billed. Services will be billed on a time and materials basis using the hourly rates set forth in the table below.

Expenses
GCG shall be reimbursed for all costs such as travel mileage, overnight delivery, and data purchases.

Billing Structure
GCG shall submit monthly invoices to the City providing details of services rendered and expenses incurred. Out of scope services that are requested by the City will be billed at the hourly rates listed in Table 1. Out of scope services include:

Meetings for which GCG is requested to attend that would be in excess of the two included in this scope of work will be billed at the hourly rates listed in Table 1 Should the City determine that additional CFFs need to be updated as part of this work effort, an additional fee of $6, 000 per additional CFF will be charged.

TABLE 1

GCG HOURLY SERVICE RATES
Managing Principal $ 345/ Hour
Senior Principal 325/ Hour
Principal 310/ Hour
Vice President 275/ Hour
Senior Associate 250/ Hour
Associate 230/ Hour
Analyst 215/ Hour
Research Assistant 95/ Hour
City ofLathrop 3 Lathrop CFF Update
160
ITEM 4. 9

CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENTS NO. 3 AND NO. 4 WITH RBI

TO PROVIDE ADDITIONAL STUDIES AND PERMIT

COMPLIANCE SUPPORT SERVICES FOR THE SURFACE
WATER DISCHARGE PROJECT, CIP WW 20- 17 AND

APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving Amendments No. 3 and No. 4 with Robertson -Bryan Inc., to Provide
Additional Studies and NPDES Permit Compliance
Support Services for the Consolidated Treatment
Facility Surface Water Discharge Project, CIP WW
20- 17 and Approve Budget Amendment
SUMMARY:

The Surface Water Discharge Project Capital Improvement Project ( CIP) WW 20- 17 was created in order to obtain a National Pollutant Discharge Elimination System NPDES) permit to discharge effluent generated by the Lathrop Consolidated Treatment Facility ( LCTF) to the San Joaquin River. On November 8, 2021, City Council approved a Professional Services Agreement ( PSA) with Robertson - Bryan, Inc., (RBI) to assist the City with meeting the requirements of the National Pollutant Discharge Elimination System ( NPDES) permit for the Consolidated Treatment Facility CTF) river discharge project.

Additional permit compliance services from RBI are needed for: 1) one- time tasks to prepare studies required by the National Marine Fisheries Service ( NMFS) Biological Opinion for River Discharge and; 2) routine tasks needed for the continuing implementation of permit requirements through Fiscal Year 2024-025.

Staff requests Council approve Amendments No. 3 and No. 4 to the PSA with RBI for LCTF NPDES permit compliance services to be provided for a time and materials cost, not to exceed; 1) $298,9 for the one- time tasks under Amendment No. 3, and; 2) 300, 271 for the routine tasks under Amendment No. 4, for a total cost of $ 598, 860 and associated budget amendment.

Sufficient funds were not included in the FY 2023-024 or FY 2024-025 budgets to pay for these tasks under CIP# WW 20- 17 or for the CTF - MBR Sewer Professional Services operations. Therefore, staff requests Council approve a budget amendment to transfer funds for $ 298,9 from the Wastewater Connection Fee Fund ( 6030) to the CIP # WW 20- 17 Surface Water Discharge for Fiscal Year 2023-024. For Amendment No. 4 staff request approval of a budget amendment to transfer funds for $ 300, 571 from the CTF - MBR Sewer Fund ( 6080) to CTF Operations - Professional Services for Fiscal Year 2024-025.
161
CITY MANAGER' S REPORT PAGE 2
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENTS NO. 3 AND NO. 4 WITH RBI TO PROVIDE

ADDITIONAL STUDIES AND PERMIT COMPLIANCE SUPPORT SERVICES FOR CIP WW 20- 17 AND APPROVE BUDGET AMENDMENT
BACKGROUND:

The Surface Water Discharge Project CIP, WW 20- 17 was created to obtain a NPDES permit to discharge effluent generated by the Lathrop Consolidated LCTF to the San Joaquin River in order to minimize future sewer rate increases, and support growth as the City' swastewater flows increase and land becomes unavailable for the storage and disposal of recycled water.

The Regional Water Quality Control Board ( RWQCB) issued the NPDES permit in February 2022, with river discharge commencing on February 1, 2024. On November 8, 2021, City Council approved a PSA with RBI to assist the City with meeting the requirements of the NPDES permit. Amendments No. 1 and No. 2 to the PSA for additional LCTF permit compliance support services RBI were also approved by Council on December 12, 2022 for: 1) one- time tasks to prepare the LCTF for discharge of effluent to the San Joaquin River, and 2) routine tasks needed for the continuing implementation of permit requirements through the end of 2023.

Additional permit compliance services from RBI are needed for; 1) one- time tasks to prepare studies required by the National Marine Fisheries Service Biological Opinion for River Discharge and; 2) routine tasks needed for the continuing implementation of permit requirements through the end of Fiscal Years ( FY) 2023-024 and through FY 2024-025.

RBI has provided three proposals to provide the additional permit compliance support services for a time and materials cost, not to exceed $ 298,9for the one- time tasks needed for studies required by the NMFS Biological Opinion for River Discharge, and 300, 571 for the routine NPDES permit compliance tasks, for a total cost of 598, 860. These services are to be provided under Amendments No. 3 and No. 4 respectively to the PSA for LCTF permit compliance support services as follow:

Proposal
Amendment No. 3
Funding Source Cost
Constituents of Emerging Concern WW 20- 17 ( Fund $ 163,65 Study 6030)
Effluent Dispersion Study
COST OF AMENDMENT NO. 3
WW 20- 17 ( Fund
6030)
135,24
298,9
Proposal
Amendment No. 4
Funding Source
LCTF Operations
Fund 6080
NPDES Permit Compliance
COST OF AMENDMENT NO. 4
Cost
300, 571
300, 571
162
CITY MANAGER' S REPORT PAGE 3
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENTS NO. 3 AND NO. 4 WITH RBI TO PROVIDE

ADDITIONAL STUDIES AND PERMIT COMPLIANCE SUPPORT SERVICES FOR CIP WW 20- 17 AND APPROVE BUDGET AMENDMENT
REASON FOR RECOMMENDATION:

The ability to dispose of effluent from the LCTF to the San Joaquin River is necessary to minimize future rate increases and support growth as the City' s wastewater flows
increase and as land becomes unavailable for the storage and disposal of recycled water. Additional permit compliance support services from RBI are needed to assist the City meet the NPDES permit requirements for river discharge.

Staff requests Council approve Amendments No. 3 and No. 4to the PSA with RBI for LCTF NPDES permit compliance services to be provided for a time and materials cost, not to exceed; 1) $298,9 for the one- time tasks under Amendment No. 3, and; 2) 300, 571 for the routine tasks under Amendment No. 4for a total cost of $ 598, 860.

FISCAL IMPACT:

Sufficient funds were not included in the FY 2023-024 or FY 2024-025 budgets to pay for these tasks under CIP# WW 20- 17, or for the CTF - MBR Sewer, Professional Services operations. The one- time tasks to prepare the LCTF for the discharge of effluent to the San Joaquin River under Amendment No. 3 are proposed to be paid from the Surface Water Discharge CIP WW 20- 17 and the routine tasks needed for the continuing implementation of permit requirements for Fiscal Year 2024- 2025 under Amendment No. 4 will be paid from the CTF- MBR Sewer Fund 6080.

For RBI Contract Amendment No. 3, staff is requesting approval of a budget amendment to transfer funds for $ 298,9 from the Wastewater Connection Fee Fund ( 6030) to the CIP # WW 20- 17 Surface Water Discharge for Fiscal Year 2023- 2024. For Amendment No. 4 staff is requesting approval of a budget amendment to transfer funds for $ 300, 571 from the CTF - MBR Sewer Fund ( 6080) to CTF Operations - Professional Services for Fiscal Year 2024-025 as follows:

FISCAL YEAR 2023-024;
Increase Transfer Out
6030- 9900-90- 9- 1
Increase Transfer In
6090- 900- 393- 00-
Increase Appropriations
6090- 8000- 420- 01- WW 20- 17
298,9
298,9
298,9
163
CITY MANAGER' S REPORT PAGE 4
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENTS NO. 3 AND NO. 4 WITH RBI TO PROVIDE

ADDITIONAL STUDIES AND PERMIT COMPLIANCE SUPPORT SERVICES FOR CIP WW 20- 17 AND APPROVE BUDGET AMENDMENT
FISCAL YEAR 2024-025;
Increase Appropriations
CTF - MBR Sewer Fund
6080- 5034- 420- 01-
ATTACHMENTS:
300, 571
A. Resolution Approving Amendments No. 3 and No. 4 with Robertson - Bryan Inc. to Provide Additional Studies and NPDES Permit Compliance Support Services for the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20- 17 and Approve Budget Amendment
B. Amendment No. 3 with Robertson - Bryan Inc. to provide Professional Services to Conduct a Constituent of Emerging Concern Study and Provide Effluent Dispersion Study Professional Services for the City of Lathrop Consolidated Treatment Facility - CIP WW 20- 17
C. Amendment No. 4 with Robertson - Bryan Inc. to provide Professional Services to the City of Lathrop for the Monitoring, Reporting, and Compliance Activities Associated with Operations of the Consolidated Treatment Facility - CIP WW 20- 17
164
CITY MANAGER' SREPORT PAGE 5
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENTS NO. 3 AND NO. 4 WITH RBI TO PROVIDE

ADDITIONAL STUDIES AND PERMIT COMPLIANCE SUPPORT SERVICES FOR CIP WW 20- 17 AND APPROVE BUDGET AMENDMENT

APPROVALS
o1/ 2! / 0v2tt
Greg ibson Date
Senior Civil Engineer
Brad Taylor
City Engineer
Cari James
Finance Direcor
L! c
Date
3/ 26/ Zo7, 1-)
Date
L3A01,), D. 24
Michael King Date
Assistant City Manager
Salvador Navarrete Date
22- ZUZ- V
City Attorney

3. 2s• r4
Stephen J. Salvatore Date
City Manager
165
RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENTS NO. 3 AND NO. 4 WITH ROBERTSON - BRYAN INC.,

TO PROVIDE ADDITIONAL STUDIES AND NPDES PERMIT COMPLIANCE

SUPPORT SERVICES FOR THE CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE PROJECT, CIP WW 20- 17 AND APPROVE

BUDGET AMENDMENT
WHEREAS, the Surface Water Discharge Project Capital Improvement Project CIP) WW 20- 17 was created in order to obtain a National Pollutant Discharge Elimination System ( NPDES) permit to discharge effluent generated by the Lathrop Consolidated Treatment Facility ( LCTF) to the San Joaquin River; and WHEREAS, on November 8, 2021, City Council approved a Professional Services Agreement ( PSA) with Robertson - Bryan, Inc., (RBI) to assist the City with meeting the requirements of the National Pollutant Discharge Elimination System NPDES) permit for the Consolidated Treatment Facility ( CTF) river discharge project; and
WHEREAS, additional permit compliance services from RBI are needed for: 1) one- time tasks to prepare studies required by the National Marine Fisheries Service NMFS) Biological Opinion for River Discharge and; 2) routine tasks needed for the continuing implementation of permit requirements through Fiscal Year 2024- 2025; and
WHEREAS, staff requests Council approve Amendments No. 3 and No. 4to the PSA with RBI for LCTF NPDES permit compliance services to be provided for a time and materials cost, not to exceed; 1) $298,9 for the one- time tasks under Amendment No. 3, and; 2) $300, 571 for the routine tasks under Amendment No. 4 for a total cost of $598, 860 and associated budget amendment; and WHEREAS, sufficient funds were not included in the FY 2023-024 or FY 2024- 2025 budgets to pay for these tasks under CIP# WW 20- 17, or for the CTF - MBR Sewer, Professional Services operations; and
WHEREAS, staff requests Council approve a budget amendment to transfer funds in the amount of $ 298,9 from the Wastewater Connection Fee Fund ( 6030) to the CIP # WW 20- 17 Surface Water Discharge for Fiscal Year 2023-024; and WHEREAS, for Amendment No. 4 staff is requesting approval of a budget amendment to transfer funds in the amount of $300, 571 from the CTF - MBR Sewer Fund ( 6080) to CTF Operations - Professional Services for Fiscal Year 2024-025; and
166
WHEREAS, the one- time tasks to prepare the LCTF for the discharge of effluent to the San Joaquin River under Amendment No. 3 are proposed to be paid from the Surface Water Discharge CIP WW 20- 17 and the routine tasks needed for the continuing implementation of permit requirements for Fiscal Year 2024- 2025 under Amendment No. 4 will be paid from the CTF- MBR Sewer Fund 6080.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve Amendments No. 3and No. 4to the PSA with RBI for LCTF NPDES permit compliance services to be provided for a time and materials cost, not to exceed; 1) $298,9 for the one- time tasks under Amendment No. 3, and; 2) 300, 571 for the routine tasks under Amendment No. 4 for a total cost of $ 598, 860; and
BE IT FURTHER RESOLVED, the City Council of the City of Lathrop does hereby approve a budget amendment using the Wastewater Connection Fee Fund 6030) to transfer funds in the amount of $ 298,9 to the CIP # WW 20- 17 Surface Water Discharge for Fiscal Year 2023-024, and for Amendment No. 4 to transfer funds from the CTF - MBR Sewer Fund ( 6080) in the amount of $ 300, 571 for FY 2024-025 to CTF Operations - Professional Services as follows:

Fiscal Year 2023-024;
Increase Transfer Out
6030- 9900-90- 9- 1
Increase Transfer In
6090- 900- 393- 00-
Increase Appropriations
6090- 8000- 420- 01- WW 20- 17
Fiscal Year 2024-025;
Increase Appropriations
CTF - MBR Sewer Fund
6080- 5034- 420- 01-
298,9
298,9
298,9
300, 571
167
The foregoing resolution was passed and adopted this 8th day of April, 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 168
ATTACHMENT " B"
AMENDMENT NO. 3

TO THE AGREEMENT BETWEEN THE CITY OF LATHROP AND
ROBERTSON - BRYAN, INC DATED NOVEMBER 8, 2021

TO CONDUCT A CONSTITUENT OF EMERGING CONCERN STUDY AND PROVIDE

EFFLUENT DISPERSION STUDY PROFESSIONAL SERVICES FOR THE CITY OF

LATHROP CONSOLIDATED TREATMENT FACILITY IN ACCORDANCE WITH NMFS BIOLOGICAL OPINION REQUIREMENTS — CIP WW 20- 17
THIS AMENDMENT ( hereinafter " AMENDMENT NO. 3") to the agreement between Robertson -Bryan, Inc. and the City of Lathrop dated November 8, 2021, ( hereinafter AGREEMENT") dated for convenience this 8th day of April 2024, is by and between Robertson -Bryan, Inc. ("CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Engineering Consulting Services for the City of Lathrop, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on November 8, 2021, CONSULTANT and CITY entered into an AGREEMENT for Professional Engineering Consulting Services to Assist the CITY with NPDES Permit Compliance for the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20- 17, in the amount not to exceed $ 294, 532; and
WHEREAS, on December 12, 2022, CONSULTANT and CITY entered into an Amendment No. 1 to the AGREEMENT for Professional Services to Prepare the City of Lathrop Consolidated Treatment Facility for Discharge of Effluent to the San Joaquin River for the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20- 17, in the amount not to exceed $ 262, 082; and
WHEREAS, on December 12, 2022, CONSULTANT and CITY entered into an Amendment No. 2 to the AGREEMENT for Professional Services to Assist with Implementing all Requirements of the City of Lathrop Consolidated Treatment Facility NPDES Permit, CIP WW 20- 17, in the amount not to exceed $ 259,0; and
WHEREAS, CONSULTANT provided scope of work attached hereto as Exhibit "A" for Amendment No. 3 to Conduct a Constituent of Emerging Concern Study for the City of Lathrop Consolidated Treatment Facility Required by the NMFS Biological Opinion for River Discharge, CIP WW 20- 17, in the amount not to exceed $ 163,65; and WHEREAS, CONSULTANT provided scope of work attached hereto as Exhibit " B" for Amendment No. 3 to Provide Effluent Dispersion Study Professional Services for the City of Lathrop Consolidated Treatment Facility in accordance with Requirements of the NMFS Biological Opinion for River Discharge, CIP WW 20- 17, in the amount not to exceed $ 135,24; and