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May 13, 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 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/1618276133?pwd=anNTNXMrc3kzTyt EUVJZbDJ2ZmRsZz09
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: 161 827 6133 / Passcode: 991485
If you are not able to attend the meeting in person or virtually - Public comment / questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230. Please reference the Agenda Item or Public Comment Matter, and the date of the City Council Meeting, in your written communication.
Questions or comments submitted by email 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 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak.
Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.
Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, MAY 13, 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 6:00 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to
Government Code Section 54957.6
Agency Negotiator: Stephen J. Salvatore, City Manager
Employee Organization: Lathrop Police Officer’s Association
RECONVENE
1.2.2 REPORT FROM CLOSED SESSION
1.3 ROLL CALL
1.4 INVOCATION
1.5 PLEDGE OF ALLEGIANCE
1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.7 INFORMATIONAL ITEM(S) - None
1.8 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS
2.1 CERTIFICATE OF RECOGNITION LATHROP HIGH SCHOOL VARSITY
GIRLS TRACK AND FIELD TEAM
2.2 CERTIFICATE OF RECOGNITION LATHROP HIGH SCHOOL VARSITY
BOYS TRACK AND FIELD TEAM
4 2.3 CERTIFICATE OF RECOGNITION LATHROP HIGH SCHOOL VARSITY
CHEER TEAM
2.4 CERTIFICATE OF RECOGNITION LATHROP HIGH SCHOOL VARSITY
BOYS VOLLEYBALL TEAM
2.5 RECOGNIZING EFFORTS BY COMMUNITY ORGANIZATIONS DURING THE COVID-19 PANDEMIC
2.6 INTRODUCTION OF NEW EMPLOYEES
Police Department
• Richard Barries, Captain
• Gabrielle Johnson, Community Resource Officer II
• Denise Eastburn, Animal Center Assistant
• Jessyka Fernandes, Animal Center Assistant
2.7 ECONOMIC DEVELOPMENT UPDATE
2.8 RECEIVE UPDATE ON CANNABIS RELATED ITEMS
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.
5 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 March 11, 2024, and Special Council Meeting of March 25, 2024
4.3 SECOND READING AND ADOPTION OF ORDINANCE 24-458 OF THE CITY
COUNCIL OF THE CITY OF LATHROP LEVYING SPECIAL TAXES WITHIN CITY OF LATHROP COMMUNITY FACILITIES DISTRICT NO. 2024-1 (EAGLES LANDING SERVICES)
Waive Full Reading and Adopt Ordinance 24-458 Levying Special Taxes within City Of Lathrop Community Facilities District No. 2024-1 (Eagles Landing Services)
4.4 TREASURER’S REPORT FOR MARCH 2024
Approve Quarterly Treasurer’s Report for March 2024
4.5 DECLARE ONE VEHICLE AND EQUIPMENT SURPLUS PROPERTY AND
AUTHORIZE THEIR DISPOSAL
Adopt Resolution Declaring One Vehicle and Equipment Surplus Property and Authorizing Their Disposal
4.6 RATIFY SAN JOAQUIN COUNCIL OF GOVERNMENTS ANNUAL FINANCIAL PLAN
Adopt Resolution Ratifying the San Joaquin Council of Governments (SJCOG) Annual Financial Plan for FY 2024-25
4.7 RATIFY APPROVAL OF AGREEMENT TO USE DONATED FUNDS TO PURCHASE A POLICE K-9 TO ACCOMPANY SCHOOL RESOURCE OFFICER
ASSIGNED TO RIVER ISLAND ACADEMIES CAMPUSES
Adopt Resolution Ratifying Approval of Agreement to Use Donated Funds to Purchase a Police K-9 to Accompany School Resource Officer Assigned to River Island Academies Campuses
4.8 RATIFY OUT OF STATE TRAVEL COSTS FOR THE LATHROP POLICE
DEPARTMENT FOR SUSPECT EXTRADITION FROM OKLAHOMA
Adopt Resolution Ratifying the Out of State Travel Costs for the Lathrop Police Department for Suspect Extradition from Oklahoma
4.9 RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC. FOR
DISASTER RECOVERY EQUIPMENT AND INSTALLATION
Adopt Resolution to Ratify Service Contract with Solid Networks Inc. for Disaster Recovery Equipment and Installation
6 4.10 APPROVE THE PURCHASE OF EIGHT (8) VEHICLES FROM MCAULEY FORD OF PATTERSON, FOUR (4) VEHICLES FROM AMERICAN
CHEVROLET OF MODESTO, AND AUTHORIZE A SERVICE CONTRACT FOR
NEXTGEN ALPHA UPFITTING TO PROVIDE THE PURCHASE AND
INSTALLATION OF UPFITTING MATERIALS FOR POLICE VEHICLES Adopt Resolution Approving the Purchase of Eight (8) Vehicles from McAuley Ford of Patterson, Four (4) Vehicles from American Chevrolet of Modesto, and Authorizing the Purchase and Installation of Police Vehicle Equipment by NextGen Alpha Upfitting
4.11 APPROVE JULY 1ST LATHROP BIRTHDAY CELEBRATION TEMPORARY
STREET CLOSURE ON CRESPI STREET AND LOCOMOTIVE STREET
Adopt Resolution Approving Temporary Street Closures for the July 1st Lathrop Birthday Celebration on July 1, 2024, on Crespi Street and Locomotive Street
4.12 APPROVE OUT OF STATE TRAVEL FOR THE 2024 NATIONAL LEAGUE OF CITIES NATIONAL BLACK CAUCUS OF LOCAL ELECTED OFFICIALS (NBCLEO) SUMMER CONFERENCE Adopt Resolution Authorizing Out of State Travel for the 2024 National League of Cities National Black Caucus of Local Elected Officials Summer Conference to Chicago, Illinois, from June 25-28, 2024, and Approving of Related Budget Amendment
4.13 APPROVE FISCAL YEAR 2024-25 PROJECT LIST ASSOCIATED WITH SENATE BILL 1
Adopt Resolution Approving List of Projects for Fiscal Year 2024-25 Funded By Senate Bill 1, the Road Repair and Accountability Act of 2017
4.14 APPROVE SERVICE CONTRACT WITH FRANK M. BOOTH INC. TO
PROVIDE ON-CALL HVAC SYSTEMS SERVICES
Adopt Resolution Approving Service Contract With Frank M. Booth Inc. to Provide On-Call HVAC Systems Services
4.15 APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH MARK THOMAS, INC. TO COMPLETE THE DESIGN PHASE FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE, CIP PS 06-06
Adopt Resolution Approving a Professional Consulting Services Agreement with Mark Thomas, Inc. to Complete the Design Phase for Louise Avenue and I-5 Interchange, CIP PS 06-06
4.16 APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH MARK THOMAS, INC. TO COMPLETE THE PROJECT INITIATION
DOCUMENT PHASE FOR THE LATHROP ROAD AND INTERSTATE 5
INTERCHANGE, CIP PS 06-16 AND APPROVE BUDGET AMENDMENT
7 Adopt Resolution Approving a Professional Consulting Services Agreement with Mark Thomas to Complete the Project Initiation Document Phase for the Lathrop Road and I-5 Interchange, CIP PS 06- 16 and Approve Budget Amendment
4.17 CREATE CIP PS 24-35 FOR LATHROP ROAD PAVEMENT
REHABILITATION, AWARD CONSTRUCTION CONTRACT TO DSS
COMPANY DBA KNIFE RIVER CONSTRUCTION AND APPROVE BUDGET
AMENDMENT
Adopt Resolution Creating Capital Improvement Project PS 24-35 for Lathrop Road Pavement Repair, Awarding Construction Contract to DSS Company dba Knife River Construction, and Approving Budget Amendment
4.18 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY ODYSSEY
ENVIRONMENTAL SERVICES, INC. FOR MOSSDALE LANDSCAPE AND IRRIGATION IMPROVEMENTS, CIP GG 20-19 AND LATHROP ROAD AND LOUISE AVENUE LANDSCAPE IMPROVEMENTS, CIP GG 21-15
Adopt Resolution Accepting Public Improvements Constructed by Odyssey Environmental Services, Inc. for Mossdale Landscape and Irrigation Improvements, CIP GG 20-19 and Lathrop Road and Louise Avenue Landscape Improvements, CIP GG 21-15, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.19 AWARD CONSTRUCTION CONTRACT TO ACCURATE CORROSION
CONTROL, INC. FOR CITYWIDE CATHODIC PROTECTION
MAINTENANCE, CIP GG 22-02
Adopt Resolution Awarding a Construction Contract to Accurate Corrosion Control, Inc. for Citywide Cathodic Protection Maintenance, CIP GG 22-02
4.20 AWARD CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT
SYSTEMS, INC. FOR THE CONSTRUCTION OF MOSSDALE PAVEMENT PREVENTATIVE MAINTENANCE, CIP PS 24-32 AND APPROVE BUDGET
AMENDMENT
Adopt Resolution Awarding a Construction Contract to American Pavement Systems, Inc. for Construction of CIP PS 24-32 for Mossdale Pavement Preventative Maintenance and Approving Budget Amendment
4.21 TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 23-24 Adopt Resolution Authorizing the Filing of a Transportation Development Act (TDA) Claim for Local Transportation Funds (LTF) for Fiscal Year 2023-24
8 4.22 APPROVE THE PRELIMINARY ENGINEER’S REPORT AND DECLARE INTENTION TO LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR 2024- 25 FOR INDUSTRIAL LIGHTING MAINTENANCE DISTRICT; RESIDENTIAL LIGHTING MAINTENANCE DISTRICT; MOSSDALE LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT; STORM DRAIN DISTRICT ZONE 1; AND STORM DRAIN DISTRICT ZONE 1A
Council to Consider the Following:
1. Adopt Resolution Approving the Preliminary Engineer’s Report for the Industrial Lighting Maintenance District and Declaring Intention to Levy Annual Assessments for Fiscal Year 2024-25
2. Adopt Resolution Approving the Preliminary Engineer’s Report for the Residential Lighting Maintenance District and Declaring Intention to Levy Annual Assessments for Fiscal Year 2024-25
3. Adopt Resolution Approving the Preliminary Engineer’s Report for the Mossdale Landscape and Lighting Maintenance District and Declaring Intention to Levy Annual Assessments for Fiscal Year 2024-25
4. Adopt Resolution Approving the Preliminary Engineer’s Report for the Storm Drain Districts Zones 1 and 1A and Declaring Intention to Levy Annual Assessments for Fiscal Year 2024-25
4.23 APPROVE THE PRELIMINARY ENGINEER’S REPORT AND DECLARE INTENTION TO LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR 2024- 25 FOR STONEBRIDGE LANDSCAPING MAINTENANCE DISTRICT AND
STONEBRIDGE DRAINAGE AND LIGHTING DISTRICT
Council to Consider the Following:
1. Adopt Resolution Approving the Preliminary Engineer’s Report for the Stonebridge Landscaping Maintenance District and Declaring Intention to Levy Annual Assessments for Fiscal Year 2024-25
2. Adopt Resolution Approving the Preliminary Engineer’s Report for the Stonebridge Drainage & Lighting District and Declaring Intention to Levy Annual Assessments for Fiscal Year 2024-25
4.24 APPROVE THE PRELIMINARY ENGINEER’S REPORT AND DECLARE INTENTION TO LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR 2024- 25 FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 93-1 (WOODFIELD PARK)
Adopt Resolution Approving the Preliminary Engineer’s Report for Landscape and Lighting Maintenance District No. 93-1 (Woodfield Park) and Declaring Intention to Levy Annual Assessments for Fiscal Year 2024-25
RIVER ISLANDS CONSENT ITEM(S)
4.25 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 30 LOTS IN TRACT 3795 VILLAGE “C6” AND “C7” WITHIN SOUTH
RIVER BEND DISTRICT OF RIVER ISLANDS
9 Adopt Resolution Approving Final Map for Tract 3795 Village “C6” and “C7” within the South River bend District, Totaling 30 Single Family Lots and a Subdivision Improvement Agreement with River Islands Custom Homesites, LLC
5. SCHEDULED ITEMS
5.1 APPROVE BALLOTS FOR THE PROPOSED SAN JOAQUIN AREA FLOOD
CONTROL AGENCY MOSSDALE TRACT OVERLAY ASSESSMENT
DISTRICT FORMATION AS RELATED TO CITY-OWNED PROPERTIES
Adopt Resolution Approving the Proposed San Joaquin Area Flood Control Agency (SJAFCA) Mossdale Tract Assessment District Formation and Authorize the City Manager to Execute Ballots for City-Owned Properties
5.2 FIVE (5) YEAR AMENDED AND RESTATED CONTRACT FOR RESIDENTIAL
AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL
Adopt Resolution Approving a Five (5) Year Amended and Restated Contract for Residential and Commercial Customers between City of Lathrop and Lathrop Sunrise Sanitation Corporation and Authorize Rate Adjustments for Fiscal Year 2024-2025
5.3 DISCUSS AND CONSIDER AWARDING A CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR LATHROP ROAD RESIDENTIAL DRIVEWAY RECONSTRUCTION, CIP GG 24-27 AND APPROVE BUDGET AMENDMENT Discuss and Consider Adopting a Resolution to Award Construction Contract to Dirt Dynasty, Inc. for the Lathrop Road Residential Driveway Reconstruction, CIP GG 24-27 and Approve Budget Amendment
6. COUNCIL COMMUNICATIONS
6.1 COUNCILMEMBER TORRES-O’CALLAGHAN REFERRAL – Discuss Lighting Palm Trees for the Month of June Commemorating Pride Month
6.2 MAYOR DHALIWAL REFERRAL – Update Appointment to the San Joaquin Council of Governments Board Of Directors
6.3 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)
10 • Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) • San Joaquin Area Flood Control Agency (Akinjo/Lazard/Torres-O’Callaghan)
6.4 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
11 12
13 14
15 16
17 18
19 20
21 22
23 ITEM 4. 3
CITY MANAGER' S REPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
24- 458 OF THE CITY COUNCIL OF THE CITY OF
LATHROP LEVYING SPECIAL TAXES WITHIN CITY OF
LATHROP COMMUNITY FACILITIES DISTRICT NO.
2024- 1 (EAGLES LANDING SERVICES)
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 24- 458 Levying Special Taxes within City Of Lathrop
Community Facilities District No. 2024- 1 (Eagles
Landing Services)
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 24- 458 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP LEVYING SPECIAL TAXES WITHIN CITY OF LATHROP COMMUNITY FACILITIES DISTRICT NO. 2024- 1
EAGLES LANDING SERVICES)
SUMMARY:
On April 8, 2024, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Diallo, Torres -O' Callaghan, and Dhaliwal
NOES: None
ABSTAIN: None
ABSENT: Akinjo and Lazard
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
n
Teresa Vargas, Cit`lerk Date
ISM
24 ORDINANCE NO. 24- 458
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP LEVYING
SPECIAL TAXES WITHIN CITY OF LATHROP COMMUNITY FACILITIES DISTRICT NO. 2024- 1 (EAGLES LANDING SERVICES)
WHEREAS, on February 12, 2024 this City Council ( the " City Council") of the City of Lathrop ( the " City"), adopted a resolution entitled " Resolution of Intention to Establish Community Facilities District" stating its intention to establish " City of Lathrop Community Facilities District No. 2024- 1 (Eagles Landing Services)" ( the CFD") pursuant to the Mello - Roos Community Facilities Act of 1982, as amended, sections 53311, et. seq., of the California Government Code ( the " Act"), to finance certain public services ( the " Services"); and
WHEREAS, notice was published as required by the Act relative to the intention of this City Council to form the CFD and to provide for the Services; and WHEREAS, this City Council has held noticed public hearings as required by the Act relative to ( i) the determination to proceed with the formation of the CFD and the rate and method of apportionment of the special tax to be levied within the CFD to finance the authorized Services for the CFD; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of said special taxes were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; and
WHEREAS, subsequent to the hearing, this City Council adopted resolutions entitled " Resolution of Formation of Community Facilities District" (the " Resolution of Formation") and " Resolution Calling Special Election", which resolutions defined the public Services to be financed by the CFD ( the " Services"), established the CFD, authorized the levy of a special tax with the CFD and called an election within the CFD on the propositions of levying a special tax, and establishing an appropriations limit within the CFD, respectively; and
WHEREAS, on April 8, 2024 a special election was held within the CFD at which the eligible landowner - electors approved such propositions by the two-hirds vote required by the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LATHROP, as follows:
Section 1. By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within the CFD pursuant to the Act, at the rate and in accordance with the formula ( the " Rate and Method") set forth in the Resolution of Formation, which Resolution of Formation is by this reference incorporated herein.
Ordinance No. 24- 458
25 The special taxes are hereby levied commencing in fiscal year 2024-5 and in each fiscal year for the period provided in the Rate and Method, as contemplated by the Resolution of Formation, and all costs of administering the CFD.
Section 2. The Finance Director of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, in the manner and as provided in the Resolution of Formation.
Section 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes. In no event shall the special taxes be levied on any parcel within the CFD in excess of the maximum tax specified in the Resolution of Formation.
Section 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the special tax.
Section 5. The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that this City Council may provide for other appropriate methods of collection by resolutions of this City Council. In addition, the provisions of Section 53356. 1of the Act shall apply to delinquent special tax payments. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/ tax collector of the County of San Joaquin in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of San Joaquin for fiscal year 2024-5 and for each fiscal year thereafter for the period of time provided in the Rate and Method.
Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD shall not be affected.
Section 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen ( 15) days after its passage at least once in a newspaper of general circulation published and circulated in the City.
Section 8. This Ordinance shall take effect 30 days from the date of final passage.
Ordinance No. 24- 458
26 THIS ORDINANCE was introduced at a
regular meeting of the City Council
of the City of Lathrop on the 8th day of April 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:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 24- 458
27 City sr of L 1 l
1. 4
Quarterly Treasurer Report
March 2024
ITEM 4.
This report presents a detailed discussion of the City' s fund balances and investment portfolio as of March 31, 2024. It includes all investments managed by the City on its own behalf as well as the City' s Trustees. The report provides information on cash flows, broken down by both investment manager (City or Trustee) and by percentage allocation within the portfolio.
As of March 31, 2024, the investment portfolio was in compliance with all state laws and the City' s Investment Policy.
Current Portfolio Summary
As directed by the Investment Policy adopted by City Council, City staff strives to attain three primary goals with the City' sinvestments as follows (in order of priority):
1. Safety — Preservation of the principal of invested funds
2. Liquidity — Ability to liquidate one or more of the City' sinvestments if unexpected expenditures arise
3. Return — Attainment of a market rate of return
The majority of the portfolio is invested in the Local Agency Investment Fund ( LAIF), which is administered by the California State Treasurer' s office. LAIF provides the City with an investment vehicle with yields that are slightly greater than U. S. Treasuries ( T -bills) with a 2 -year maturity or less. LAIF is a high quality investment in terms of safety, liquidity, and yield. Additionally, LAIF is an " On Demand" account; meaning funds may be withdrawn upon with 1 day notice, representing maximum liquidity.
In addition to LAIF, the City holds investments in Money Market Mutual Funds, Nonnegotiable Certificates of Deposit, and State and Local Government Securities ( SLGS). These investments are prudent investment choices and are included in the City' s Investment Policy as allowable investments.
Each investment mentioned above has a specific maturity date. However, much of the portfolio is On Demand.
The short weighted average maturity provides the City with a great deal of liquidity during this period of heightened economic uncertainty and period of moderate investment yields. This liquidity places the City in a position to invest in longer term maturity investments once interest rates begin to stabilize toward their historical norms; overall macroeconomic indicators signal solid and consistent growth in future years.
The following table ( Table: 1) provides a summary of the City' scash and investments, by holding party, based on recorded value as of March 31, 2024 compared with the prior quarter:
28 Holding Party Fund Amounts ( 1)
of
Portfolio
Fund Amounts ( 1)
of
Portfolio
Investments/ Cash held by the City
Investments held by Trustees
215, 84, 532 73% 185, 425, 201 59%
79, 468, 861 27% 129, 784, 229 41%
295, L5
1) Small variances are due to the summation and rounding of multiple figures to the nearest whole dollar Please see the following pages ( Tables: 2 through 5) for a more detailed analysis of transactional additions and reductions due to cash flow needs, debt service payments, and maturities/ rollovers of certain investments.
Revenues arrived during the quarter, per City staff expectations, are as follows: utility payments, property tax, franchise fees, sales tax ( including Measure C), developer billing fees, grant reimbursements, building permit fees, plan check fees, and Transient Occupancy Tax ( TOT).
Significant payables paid out during the quarter include:
Nonrecurring Expenditure Debt Service Payments, Capital Improvement Projects — General Government, Parks, Streets, Water, and Wastewater
II. Recurring Expenditures
a. Contractual — Park & Street Landscaping, and Wastewater Treatment Services b. Intergovernmental payments — South San Joaquin Irrigation District ( Surface Water Contract), Lathrop Manteca Fire District, City of Manteca ( Wastewater Contract) Quarterly Economic Update
According to the latest projections from PFM Asset Management; The first quarter of 2024 was characterized by continued economic resilience led by strong consumer spending, inflation that continues to slowly grind lower, and a robust labor market. The Federal Reserve ( Fed) kept the overnight rate at its current target range of 5. 25% to 5.0% at its March 20 meeting, as expected, marking the fifth consecutive pause following the last rate hike in July 2023. The Fed' s updated " dot plot" implies three 0. 25% rate cuts through 2024 while the number of cuts implied for 2025 was reduced from three to two. Markets entered the year pricing in over six cuts in 2024 but since have now converged to Fed projections. The Fed chair has said they need more confidence that inflation is moving toward its 2% target before the first rate cut. Yields moved higher in the first quarter with the return of the Fed' s "higher -for -longer" stance. Although January and February inflation readings came in above expectations, CPI actually trended lower in the first quarter and continued to decline from its mid- 2022 peak. The U. S. labor market showed little signs of softening, adding over 800, 00 jobs in the first quarter after 637, 000 were added in the fourth quarter. In the latest reading, 303, 000 jobs were created in March, which is the highest level since May of 2023. The unemployment rate also ticked down to 3.8% and has been below 4% for over two years.
Strong wage increases reflect a competitive labor market and further support consumer spending.
I certify that all of the investments reported herein are in accordance with the " City of Lathrop Investment Policy" adopted on November 13, 2023, with the Government Code, and other contractual agreements. I further certify the investments reported herein provide for the ability of the City to meet cash flow needs for the next six months.
Fe -2
Stephen J. Salvatore
City Manager
1 Carl Jam
Director finance
29 TABLE:
2 CITY
OF LATHROP of
Summary
All
Investments
As
of
March
31,
2024
City
Held
Investments
Recorded
Value
Current
Yield
Percent
of
Portfolio
Local
Agency
Investment
Fund
Wells
Fargo
Money
Market
Mutual
Funds
California
Asset Management
Program
74, 871 002 3, 102 239 36, 52884
232% 4. 5 .
120% 5 .
480%
30 .
65% 1. 27 %14 .95%
Total
Investments
Held
by
the
City (
1)
114, 501 825
4 .
654%
46. 87 %
Trustee
Held
Investments
Recorded
Value
Current
Yield
Percent
of
P
ortfolio
US
Bank UMB UnioBank n
Bank
Si
County
Pooled
Funds
PFM
Asset Management
PNC
Bank
3, 185, 28 1, 342 069 160, 486
124, 599 673 496, 713
4 .
430 %
4.30% 0 .
000% 0 .260% 3 .400 % 0 .090%
30% 1. 0 .
55%
0.0 %0 .
07 %
51 .
01 %
0 .
20%
Total
Investments
Held
by
Trustees (
2)
129, 784 229
3 .
419 %
53 .
13%
Total
City &
Trustee
Held
Investments &
CashRecorded
Value
Current
Yield
Percent
of
Portfoli
o
Investments
Held
by
the
City
and
Trustees
Cash
inChecking
Accounts -
Recorded
Value
244,86, 054 70, 923, 376
3. 998%
100 .
00%
Total
Cash
and
Investments
315, 209 430
One
month
benchmark
for S.
U.
Treasuries:
Three
month
benchmark U.
for
S. Treasuries:
Notes: 1)
See
Table:
4 for
detailed
investments
held
by
the
City.2)
See
Table:
5 for
detailed
investments
held
by
Trustees. 5.
51%
5. 47%
30 TABLE:
3 CITY
OF
LATHROP
Investments
Cash
Flow Analysis of
As
March
31,
2024
Investments Held
by
the
City
Prior
Month
Recorded
Value
Purchased Buy)
Redeemed Sell)
Local
Agency
Investment
Fund (
1)
Wells
Fargo
Money
Market
Mutual
Funds (
2)
California
Asset Management
Program
74, 871 002 3, 079 503 36,59 826
22, 736 168, 75
Total
Investments
Held
by
the
City
310,31 14
191, 44
Investments
Held
by
Trustees
Prior
Month
Rec
orded Value
Purchased Buy)
Redeemed Sell)
PNC
Bank
SJCounty
Pooled
Funds
UMB
Bank
US
Bank (
3)
PFM
Asset Management
494, 870 160, 486
2, 572 421 4,27,12 122, 73 10
1, 843 4, 270 712, 051
8, 20129
623) $ 1, 234, 175) $, 954, 659) $, 324
Total
Investments
Held
by
Trustees
130, 378 293 $
8, 919, 393 $ (
457) $ 9, 513,
Total
Cash
inChecking
Accounts
Held
by
the
City (
2)
64, 409 034
14, 443,71
129) $ 9, 7
Total
Cash
and
Investments
Held
by
the
City
and
Trustees
309, 097 65 $
23, 554 38 $ (
585) $ 17, 442,
Notes: 1)
LAIF
interest
income
is
paid
quarterly (
Mar/ Jun Sept/ Dec)
and
received
in
the
following
month (
Apr/ Jul Oct/ Jan) .
2)
Property
Tax,
Sales
Tax,
Building
permit
rev
enue,
TOT,
Developer
payments,
and
Utility
payments;
nonrecurring
expenses
month:
General
government,
Parks,
Streets,
Wastewater,
and
Water
CIPs;
also,
recurring
expenses:
Park &
street
landscape
water
treatment
services;
lastly, intergovernmental
payments
and
transfers:
SSJID
SCSWSP
0 &
M
expenses .
3)
Interest
earnings
from
BlackRock
Liquidity
Funds
T -
Funds
30 Day
Yield
4. 430%,
debt
service
payments.
31 TABLE: 4
CITY
OF
LATHROP
Investments
Held
by
City -
Detail
As
of
March
31,
2024
Agency (
Broker)
Yield
Investment
Coupon
to
Purchase
Maturity
Description
Rate
Maturity
Date
Date (
No
Local
Agency
Investment
Fund
Money
Market
Fund
City
Acct
No .
98- 39 437
N/ A
4 .
232 %
Varies
On
Demand
74,
74,
Wells
Fargo
Mutual
Funds
Money
Market
Mutual
Fund
City
Acct
No .
12641627
N/ A
5 .
120 %
Varies
On
Demand
3,
Califorina
Asset Management
Program Liquidity
Account
No. 6084- 001
3,
N/ A
5 .
480 %
Varies
On
Demand
36,
36,
TOTAL
INVESTMENTS
HELD
BY
CITY $
114,
32 TABLE:
5 CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detailof
As
March
31,
2024
Investment Description
Acct
Number
CUSIP
Current
Purchase
Maturity
Yield
Date
Investments
Held
by
US
Bank
03- 1
Series
2015 -
Mossdale
Village
Ass
Districtnt essme
Mossdale
Village
Assessment
Dist .
N
03- 1
Serieso. 2015 -
Redemption
Fund
Mossdale
Village
Assessment
Dist.
No.
03- 1
Series
2005/1 -
Reserve
Fund
LTHRP
FIN
REVEN
AUTH
BON
UE
DS
2023
SERIES
A
Money
Market -
Revenue
Account
Money
Market -
Special
Tax
Fund
M
oney
Market -
CFD
Reserve
Account
Money
Market -
ReAD
Reserve
Account
Money
Market -
Acquired
Obligations
Fund
2003-A
Lathrop
CFD
Money
MarketInterest
Account
Money
Market -
Reserve
Account
LAIF -
Interest
Account
CDPH/WR -
Loan
SRF
Agreement
Account
Agreement
Account -
Reserve
Fund
2015
Crossroads
Series
B
2015
Crossroads
Series
B - Crossro
2015
ads
Series
B -
2015
Crossroads
Series
B -
2015
Crossroads
Series
B -
2015
Crossroads
Series
B -
LOIB
RDP
LOIB
Reserve
Cost
of
Issuance Improvements COI
Custodian
Agreement
Investments
Held
by
PNC
Bank
by
A
ccount
2012
Loan (Water
Refun of
ding
Wa
2000
te
r
COPs)
of
Certificate
Deposit -
Reserve
Fund
6712138601 6712138602 278276000 278276003 278276004 278276006 278276008 6711720001 6711712200 6711720002 6711908800 6711908801 6712138801 6712138803 6712138804 6712138805 6712198801
4.30%
10/8 05
On
Demand $
4 .
430%
10/8 05
On
Demand $
4 .
430% 4.30 % 430 %. 430%. 4.30 % 4.30% 4.30% 232% 4.
1/ 237/7/ 2/3 7/ 1 23 7/ 1/ 23 7/ 23 12/ 03 12/ 03 03/ 19 On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
430%.
12/ 20
On
Demand $
4.30%
12/ 20
On
Demand $
4.30% 4 .
430% 4.30% 4.30% 4 .430%
09/1 15 09/1 15 09/1 15 09/1 15 09/1 15
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
Total
Investm
ents
Held
by
Trustee -
US
Bank $
0 .
090%
5/ 22 19
Total
Investments
Held
by
Trustee -
Pacific
Premier
Bank $
33 TABLE:
5 CITY
OF
LATHROP
Investments Held
by
Trustee -
Detailof
As
March
31,
2024
Investment
Current
Purchase
Maturity
Description
Acct
Number
CUSIP
Yield
Date
Investments
Held
by
UMB
Bank
by
Account
2018- 1
La
Central
throp
CFD
Improvement
Area
1 -
Admin
Expense
Reserve
Fund
Other Improvement
Areas -
Admin
Expense
Reserve
Fund
Improvement
Area
1-
Principal
Account
Improvement
Area
1-
Account
Redemption
Improvement
Area
1-
Interest
Account
Improvement
Area
1 -
Admin
Expense
Account
Improvement
Area
1-
Reserve
Fund
Improvement
Area
1 -
Surplus
Fund
Improvement
Area
2 -
Principal
Account
Improvement
Area
2 -
Redemption
Account
Improvement
Area
2 -
Interest
Account
Improvement
Area
2 -
Admin
Expense
Account
Improvement
Area
2 -
Reserve
Fund
Improvement
Area
2 -
Surplus
Fund
Improvement
Area
3 -
Principal
Account
Improvement
Area Redemptio3 -
nAccount
Improvement
Area
3 -
Interest
Account
Improvement
Area
3 -
Admin
Expense
Account Are
Improvement
a
3 -
Reserve
Fund
Improvement
Area
3 -
Surplus
Fund
Improvement
Area
4 -
Principal
Account
Improvement
Area Redemptio4 -
nAccount
Improvement
Area
4 -
Interest
Account
Improvement
Area
4 -
Admin
Expense
Account
Improvement
Area
4 -
Reserve
Fund Improvement
Area
4 -
Surplus
Fund Improvement
Area
5 -
Principal
Account
Improvement
Area
5 -
Redemption
Account
Improvement
Area
5-
Interest
Account
Improvement
Area
5 -
Admin
Expense
Account
149232. 1 149232. 2 149232 .
3 149232. 4 149232 .
5 149232. 6 149232 .
7 149232. 8 149265. 1 149265. 2 149265. 3 149265 .
4 149265. 5 149265. 6 149267 .
1 149267 .
2 149267 .
3 149267. 5 149267 .
6 149267 .
7 149268. 1 149268. 2
149268. 3
149268. 4
149268.
5 149268.
6 149269. 1
149269.
2 149269. 3 149269. 4
4.30%
01/ 192
On
Demand
4 .
430%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4 .
430 %
02/1 19
On
Demand
4 .
430 %
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
430%.
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
430%.
02/1 19
On
Demand
4 .
430 %
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4.30 %
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4.30 %
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4 .
430 %
02/1 19
On
Demand
430 %.
02/1 19
On
Demand
34 TABLE:
5 CITY
OF
LATHROP
Investments Held
by
Trustee -
Detail
As
of
March
31,
2024
InvestmentDescription Acct
umber N
Current
Purchase
Maturity
CUSIP
Yield
Date
Improvement
Area
5 -
Reser
Fund ve Improvement
Area
5 -
Surplus
Fund
1018- 2
Lathro
Central
p
CFD Special
Tax
Fund
Surplus
Fund
Investments
Held
by
Jo
San
aquin
County
by
Account San itary Assessmen
Sewer
District # t
1 Pooled
Funds -
Redemption
Account
Investments
Held
by
PFM
Asset Management
by
Account
PFM
Asset Management
Money
Market
Fund
USTreasury
No
Bond /
te
USTreasury
Notes
US
No
Treasury
tes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
US
No
Treasury
tes
US
No
Treasury
tes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
US
NoTreasury
tes
USTreasury
Notes
US NoTreasury
tes
149269 .
5 149269. 6 149261. 1 149261. 2
4 .
430%
02/1 19
On
Demand $
4 .
430%
02/1 19
On
Demand $
4 .
430%
02/1 19
On
Demand $
4.30%
02/1 19
On
Demand $
Total
Investments
Held
by
Trustee -
UMB
Bank $
SJ
CO
FUND #
57961
0.260%
10/ 87
On
Demand $
Total
Investments
Held
by
Trustee -
San
Joaquin
County $
20260109
PFM
Funds -
Govt
Select
AAAm $
91282CED9
1. 750 %
03/ 15 22
03/ 15 2 $
91282CGU9
3.875%
03/ 31 2
03/ 31 25 $
9128284M9
2.875%
04/ 30 18
04/ 30 25 $
91282CEQ0
2. 750 %
05/ 1 22
05/ 1 2 $
91282CEQ0
2.750%
05/ 1 22
05/ 1 2 $
91282CEQ0
2. 750%
05/ 1 22
05/ 1 2 $
91282CHL8
4.625%
06/ 30 23
06/ 30 25 $
91282CEY3
3 .
000 %
07/ 15 22
07/ 15 2 $
91282CEY3
3. 000%
07/ 15 22
07/ 15 2 $
91282CEY3
3. 000%
07/ 15 22
07/ 15 2 $
91282CFE6
3 .
125 %
08/ 15 22
08/ 15 2 $
91282CFE6
3.125%
08/ 15/ 22
08/ 15 2 $
91282CFK2
3.500%
09/ 15 22
09/ 15 2 $
91282CFK2
3.500%
09/ 15 22
09/ 15 2 $
91282088
5.000%
09/ 30 23
09/ 30 25 $
91282CFP1
250% 4.
10/5 22
10/5 2 $
91282CFP1
4.250%
10/5 22
10/5 2 $
91282CFW6
4.500 %
11/5 22
11/5 2 $
91282CFW6
500% 4.
11/5 22
11/5/ 2 $
91282CGA3
000% 4.
12/5 2
12/5 2 $
91282CGA3
000% 4.
12/5 2
12/5 2 $
91282051
4.250%
12/ 31 23
12/ 31 25 $
91282CGE5
3. 875%
01/ 15 23
01/ 15 26 $
91282CGE5
3. 875%
01/ 15 23
01/ 15 26 $
91282CGE5
3. 875%
01/ 15 23
01/ 15/ 26 $
35 TABLE:
5 CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detailof
As
March
31,
2024
Investment
Current
Purchase
Maturity
Description
Acct
Number
CUSIP
Yield
Date
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
US
No
Treasury
tes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
US
No
Treasury
tes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Subtotal:
91282CGL9 91282CGL9 91282CGL9 9128286F2 91282CGR6 91282CGV7 91282CHB0 91282CHH7 91282CHH7 91282CHM6 91282CHU8 91282CHU8 91282CHY0 91282006 912820K8 912820 K8
912820
P7
912820T9 91282CKA8
000% 4. 4.000% 4 .
000 %2. 500% 4.625% 3. 750% 3. 625% 125% 4. 125% 4. 4. 500 % 4.375% 375% 4. 4 .625% 625% 4. 4 .625% 4 .625% 375% 4. 000% 4. 4.125% 02/ 15 23 02/ 15/ 23 02/ 15 23 02/ 28 19 03/ 15 2 04/ 15 23 05/ 1 23 06/ 15 23 06/ 15 23 07/ 15 23 08/ 15 23 08/ 15 23 09/ 15 23 10/5 23 11/5 23 11/5 23 12/5 23 01/ 15 24 02/ 15 24 02/ 15 26 02/ 15 26 02/ 15 26 02/ 286 03/ 15 26 04/ 15 26 05/ 1 26 06/ 15 2 06/ 15 2 07/ 15 26 08/ 15 26 08/ 15 26 09/ 15 26 10/5/ 26 11/5/ 26 11/5/ 26 12/5/ 26 01/ 15 27 02/ 15 27 36 TABLE:
5 CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detailof
As
March
31,
2024
Investment Description
Acct
Number
Current
Purchase
Maturity
CUSIP
Yield
Date
Supra -
national
Agency
Bond /
Note Finan
Intl
ce
Corp
Notes
Inter -
American
Devel
BKCorporate
Notes Supra -
National
Agency
Subtotal
Federal
Agency
Bond/ Note
Federal
Home
Loan
No
Banks
tes (
Callable)
Federal
Lo
Home
an No
Banks
tes
Fannie
Mac
Notes (
Callable)
Federal
Home
Loan
No
Banks
tes (
Callable)
Federal
Home
Loan
Banks
Notes (
Callable)
Federal
Home
Loan
Banks
Notes (
Callable)
FFCB
Bonds
Fannie
Mae
Notes (
Callable)
Federal
Agency
Subtotal:
Interest
Total
Accrued
Interest
45950KDF4
4.375%
12/ 06 23
01/ 15 27 $
4581X0EM6
4 .
375%
12/ 23
02/1 27 $
3130AMVD1
0.420%
06/ 17 21
09/ 17 24 $
3130AWER7
625% 4.
0/ 9 23
06/ 25 $
3134GXM35
3 .
600%
08/5 22
08/1 25 $
3130AN3T5
000% 1.
03/ 21
03/ 26 $
3130ALGJ7
000% 1.
03/ 21
03/ 26 $
3130ANCD0
1 .
110%
07/ 30 21
07/ 26 $
3133EPSW6
500 % 4.
08/ 14 23
08/ 14 26 $
3135G06L2
0 .
875%
12/8 20
12/8 26 $
T
otal
I
nvestments
Held
by
Trustee -
PFM
Asset Management $
Total
Investments
Held
by
Trustees $
37 ITEM 4. 5
CITY MANAGER' S REPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
ITEM: DECLARE ONE VEHICLE AND EQUIPMENT SURPLUS
PROPERTY AND AUTHORIZE THEIR DISPOSAL
RECOMMENDATION: Adopt a Resolution Declaring One Vehicle and Equipment Surplus Property and Authorizing Their
Disposal
SUMMARY:
The City currently has one surplus vehicle and various equipment/ items that have reached their useful life, have been replaced, or the repair costs exceed their fair market value.
The City' s policy regarding disposition of surplus property allows for surplus property to be sold at auction. In the event that the auction is unsuccessful, the City may choose to donate, discard or recycle the property. Pursuant to Council Resolution 21- 4831, the City Council declared surplus property with a value of $ 1, 500 or less to be of de minimus value and adopted a donation policy that allows the City to donate surplus City vehicles with a value of less than $ 1, 500 to local non -profits or charities.
Any vehicles with a failed auction sale will be returned to the City to be donated to local non -profits or charities.
BACKGROUND:
The City of Lathrop updated its policy regarding disposition of surplus vehicles on December 1, 2014 pursuant to Resolution 14- 3848 and staff recommends that the items listed on Attachment " B" be declared surplus property in accordance with this policy. All of these items have reached their useful life, have been replaced, or the cost of repair exceeds their value. Each item listed on the attachment has a brief description of the condition of each item. All of the listed items are ready to be declared as surplus property for sale, recycling, or disposal.
According to City policy, if the total market value of the surplus items is greater than 5, 000, the Purchasing Officer shall present the listing of such assets to the City Council for action regarding their declaration as surplus. It has been determined that these items collectively could have a value greater than $ 5, 000.
Surplus vehicles will be sold at public auction by Nationwide Fleet Services pursuant to an existing contract. In the event that the property remains unsold, the City Council may choose to donate, discard or recycle the property. Pursuant to Council Resolution 21- 4831 the City Council declared surplus property with a value of $ 1, 500 or less to be of de minimus value and the donation thereof does not create a gift of public funds. Council adopted a donation policy through the same resolution to allow the City to donate surplus City vehicles with a value of less than $ 1, 500 to local non38 CITY MANAGER' S REPORT PAGE 2
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
RESOLUTION DECLARING ONE VEHICLE AND EQUIPMENT SURPLUS
PROPERTY AND AUTHORIZING THEIR DISPOSAL
profits or charities. Surplus equipment will be discarded or recycled if all other disposal methods are not successful.
REASON FOR RECOMMENDATION:
Pursuant to City policy, at least once a year each Department Head shall conduct a review of inventory, goods and supplies utilized by that department and shall determine what items have become surplus. City staff has gathered a list of surplus items from all department' s
which are included in Attachment " B". These surplus
assets have been reviewed and determined that their collective value could be greater than $ 5, 000. In addition, once the surplus items are discarded, it will help each department maintain storage space.
FISCAL IMPACT:
Any net revenues from the sale of these items will be returned to the City' s general fund.
ATTACHMENTS:
A. Resolution declaring certain vehicles and equipment surplus property and authorizing their disposal
B. Surplus Inventory List
39 Thomas Hedegard
Deputy City Manager
CITY MANAGER' S REPORT PAGE 3
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
RESOLUTION DECLARING ONE VEHICLE AND EQUIPMENT SURPLUS
PROPERTY AND AUTHORIZING THEIR DISPOSAL
APPROVALS:
Taya amas
Management Analyst II
Y
Cari Jame
Director ofl Finance
ate
yI: D/ a0a7i
Date
Salvador Navarrete Date
City Attorney
Steil. Salvatore
City Manager
Date
Date
40 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
DECLARING ONE VEHICLE AND EQUIPMENT SURPLUS PROPERTY AND
AUTHORIZING THEIR DISPOSAL
WHEREAS, the City of Lathrop has a policy that allows for the disposal of vehicles and equipment with City Council approval; and
WHEREAS, the City has one surplus vehicle and equipment, which have reached their useful life, are inoperable, or the cost of repairs exceed their value; and
WHEREAS, the City Council has reviewed the list of surplus items which are to be auctioned, donated after meeting Donation Policy criteria, recycled, or discarded;
NOW, THEREFORE, BE IT RESOLVED that the City Council declares the items listed in Attachment " B" to the City Manager' sreport that accompanied this resolution, to be surplus property and authorizes the City Manager to dispose of the surplus vehicle and equipment. The surplus vehicle will be sold at public auction by Nationwide Fleet Services pursuant to an existing contract.
The foregoing resolution was passed and adopted this 13th day of May, 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 41 ATTACHMENT B
Surplus Inventory List
MAY 13, 2024
Surplus Type: Vehicle/ Other
Surplus Reason Codes: A -No longer needed B -Reached useful life C -Replaced D -Cost to repair is higher than value E- Damaged/ notworking
Surplus
Reason
Code Description Year/ Make/odel Vin / Serial Number Quantity Dept.
A Truck 2008 Chevrolet Silverado IGCHK29K68E1 10546 I P&R Surplus Type: Equipment
Surplus Reason Codes: A -No longer needed B -Reached useful life C -Replaced - Cost to repair is higher than value E- Damaged/ not working
Surplus
Reason
Code Description Year/ Make/odel Vin / Serial Number Quantity Dept A Inflatable Obstacle Course 2 pieces P&R
A Inflatable Air Blowers 2 pieces P&R
A
Storage Bags for Inflatable
Obstacle Course
2 pieces P&R
C Dryer 1 Pd
42 PAGE LEFT
INTENTIONALLY
BLANK
43 ITEM 4. 6
CITY MANAGER' SREPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY SAN JOAQUIN COUNCIL OF GOVERNMENTS
ANNUAL FINANCIAL PLAN
RECOMMENDATION: Adopt Resolution Ratifying the San Joaquin Council of Governments ( SJCOG) Annual Financial Plan for
FY 2024-5
BACKGROUND:
Every year pursuant to Section 7(b) of the San Joaquin Council of Governments SJCOG) Joint Powers Agreement, in anticipation of the new fiscal budget year, SJCOG requests that each member city ratify SJCOG' s Annual Financial Plan ( AFP) for the upcoming fiscal year.
Attached and referenced herein as Attachment B, is the Approved SJCOG Fiscal Year FY) Budget for 2024-025. Similar requests from SJCOG have been submitted to participating cities and ratified annually since the Joint Powers Agreement went into effect December 7, 2000.
The SJCOG AFP for FY 2024-025, was adopted by their Board on March 28, 2024, by Board Resolution No. R- 24-4. The AFP provides a detail of expenditures by cost category and line item comparing the proposed FY 2024-025 budgets with the current FY 2023-024 adopted budget.
REASON FOR RECOMMENDATION:
The SJCOG Joint Powers Agreement requires that the Annual Financial Plan be delivered to its jurisdictional member agencies for ratification. Therefore, it is recommended that the City Council ratify the SJCOG' s Annual Financial Plan for FY 2024-025.
FISCAL IMPACT:
No fiscal impact to Lathrop. However, the SJCOG letter dated April 2, 2024, highlights the following significant changes for FY 24-5 when compared to FY 23-4:
SJCOG Annual Financial Plan Summary
Revenue Funds FY 2023-024 FY 2024-025
Federal Grants $ 9, 703, 559 $ 22, 768, 271
State Grants 1 $ 23,57, 962 $ 17, 269,42
Local Funding $ 7, 371, 221 $ 8, 186, 088
Interest & Other $ 99, 600 $ 80, 000
Total Revenues $ 40,32, 342 $ 48, 303, 601
44 CITY MANAGER' S REPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
RATIFY SJCOG ANNUAL FINANCIAL PLAN FOR FY 2024-5
SJCOG Annual Financial Plan Summary
Expenditure Funds
Salary & Benefits
Services & Supplies
Professional Services
Capital Outlay
Total Expenditures
FY 2023-024
6, 281, 809
1, 338, 500
32, 431, 533
380, 50
40,32, 342
FY 2024-025
6, 944, 063
1, 572,00
39, 406, 538
380, 50
48, 303, 601
Highlights:
o General Fund Operating Revenues increased by $ 7, 871, 258 Federal Funding increased by 134. 64%
State Funding Sources decreased by - 25. 75%
Local Revenues increased by 11. 05%
o Budgeted Expenditures are $ 48, 303, 601
Salaries and Benefits increased 10. 54%
Services and Supplies increased by 17. 48%
Training & Travel increased by 78. 40%
o Professional Services increased by 21. 51%
o No increase or decrease to Fixed Assets
ATTACHMENTS:
A. Resolution Ratifying the San Joaquin Council of Governments Annual Financial Plan for FY 2024-5
B. Letter from SJCOG Dated April 2, 2024, including SJCOG Resolution R- 24-4, and Board Report Adopting the FY 2024-5 Annual Financial Plan 45 CITY MANAGER' S REPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
RATIFY SJCOG ANNUAL FINANCIAL PLAN FOR FY 2024-5
APPROVALS:
esa Vargas
overnment Services Dlfector
City Clerk
Cari
Finance ! rector
1 Date
Date
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
da13/; 20. 0
46 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING
THE SAN JOAQUIN COUNCIL OF GOVERNMENTS' ANNUAL FINANCIAL PLAN FOR FISCAL YEAR 2024-025
WHEREAS, every year pursuant to Section 7(b) of the San Joaquin Council of Governments' ( SJCOG) Joint Powers Agreement, in anticipation of the new fiscal budget year, SJCOG provides a letter, resolution, and report requesting that each City ratify SJCOG' sAnnual Financial Plan for the upcoming fiscal year; and WHEREAS, the Annual Financial Plan provides a detail of expenditures by cost category and line item comparing the proposed 2024-5 budgets with the current fiscal year' s (FY 2023-4) adopted budget; and
WHEREAS, the SJCOG Board approved the Annual Financial Plan for FY 2024- 2025 on March 28, 2024, by Board Resolution No. R- 24-4; and WHEREAS, the SJCOG Joint Powers Agreement requires that the Financial Plan be delivered to its member agencies for ratification; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop hereby ratify the FY 2024-025 Annual Financial Plan for the San Joaquin Council of Governments.
The foregoing resolution was passed and adopted this 13th day of May 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 Resolution No. 24-
47 DocuSign Envelope ID: 3433DEA0- 4B18-190- BE15- A8077748EE36 ATTACHMENT" B • David Bellinger
CHAIR
Diane Lazard
VICE -CHAIR
Diane Nguyen
EXECUTIVE DIRECTOR
Member Agencies
CITIES OF
ESCALON,
LATH ROP,
LODI,
MANTECA,
RIPON,
STOCKTON,
TRACY,
AND
THE COUNTY OF SAN
JOAQUIN
SAN JOAQUIN COUNCIL OF GOVERNMENTS
555 E. Weber Avenue • Stockton, California 95202 • P 209.35. 0600 • F209. 235. 0438 • www. sjcog. or April 2, 2024
Stephen Salvatore
City of Lathrop
390 Towne Centre Dr.
Lathrop, CA 95330
Dear Mr. Salvatore:
On March 28, 2024 the SJCOG Board adopted the Annual Financial Plan for FY 2024-5. Attached is the board staff report as well as a copy of the adopting resolution. Pursuant to SJCOG' sJoint Powers Agreement, following adoption of the budget by the SJCOG Board, it is to be delivered to member agencies for ratification by each governing body. Approval by a majority of the governing bodies representing 55% or more of the county' s population is considered ratification.
Therefore, SJCOG requests you place SJCOG' s Annual Financial Plan for FY 2024-5 on a forthcoming
agenda prior to June 30, 2024, for ratification.
The Annual Financial Plan implements the FY 2024-5 Overall Work Program ( OWP) that was also adopted by the SJCOG Board on March 28, 2024.
The attached excerpt of the Annual Financial Plan ( AFP) provides a summary of revenues and expenditures by cost category and line item comparing the approved FY 2024-5 budgets with the current year ( FY 2023-4) adopted budget, as most recently amended, along with FY 2022-3 actual expenditures. Revenues and expenditures total $ 48, 303, 601. 00. The approved AFP represents the general fund budget for SJCOG. The revenues and expenditures in the AFP are the same as the Overall Work Program ( OWP), however, presented in a traditional line -item format compared to the work element format of the OWP.
Readers should note several differences between SJCOG and its member agencies' budgets:
SJCOG revenue sources are quite different from our member agencies.
SJCOG employs staff on an at -will basis, vis- a- vis civil service and has its own employee handbook and policies.
SJCOG has its own Financial and Accounting Policy guiding our financial matters including procurement procedures.
SJCOG employees are exempted from Social Security except for Medicare.
As noted below, SJCOG offers a defined contribution retirement plan to its employees. SJCOG has no Ca1PERS or post employments benefit obligations except limited sick leave conversion as noted.
The following assumptions are incorporated in the budget:
1. Work will not begin, and expenses will not be incurred unless anticipated revenue sources are secured.
2. The AFP anticipates SJCOG to be fully staffed. The budget includes a 7. 00 % pool that can be drawn upon for merit -based increases and potential promotions. The full impact of that pool is incorporated into the salary -driven benefits ( retirement, Medicare, disability).
3. SJCOG has no significant liability exposure for post -employment benefits. a. The employee retirement program is a defined contribution program managed by the International City Managers Association Retirement Program ( Mission Square Retirement).
b. SJCOG employee vacation accruals are capped at two times the individual' sannual leave.
c. Upon separation with 50 years of age or 20 years of SJCOG employment, an employee can convert accrued sick leave hours to be deposited into a Retirement Health Savings Account to pay for health -related expenses. The conversion is based upon the employee' ssalary at retirement.
48 DocuSign Envelope ID: 3433DEA0- 4B18-190- BE15- A8077748EE36 SJCOG staff would be pleased to appear before your policymakers to answer any questions they might have regarding this matter. We request ratification prior to June 30, 2024. Please let me know when this will be on your agenda. If you have any questions regarding this matter, don' thesitate to contact me at ( 209) 235- 0584.
Thank you for your assistance.
Sincerely,
EDocuSigned
by:
l , viol
77C9E4A491524D2...
STEVE DIAL
Deputy Executive Director/ Chief Financial Officer
Attachments:
R- 24-4
FY 2024-5 Annual Financial Plan Staff Report
FY 2024-5 Annual Financial Plan Board Summary
49 DocuSign Envelope ID: 3433DEA0- 4B18-190- BE15- A8077748EE36 San Joaquin Council of Governments
ANNUAL FINANCIAL PLAN
Fiscal Year 2024/5
Final March 28, 2024
CHAIR
Mayor David Bellinger, City of Escalon
VICE -CHAIR
Councilmember Diane Lazard, City of Lathrop
BOARD OF DIRECTORS
Mayor Lisa Craig
Mayor Gary Singh
Mayor Kevin J. Lincoln II
Vice Mayor Kimberly Warmsley
Councilmember Michael Blower
Supervisor Miguel Villapudua
Supervisor Steven Ding
Supervisor Robert Rickman
Mayor Nancy Young
Mayor Leo Zuber
EX OFFICIO DIRECTORS
Grace Magsayo, Director
Gary Giovanetti, Director
William R. Trezza, Commissioner
City of Lodi
City of Manteca
City of Stockton
City of Stockton
City of Stockton
County of San Joaquin
County of San Joaquin
County of San Joaquin
City of Tracy
City of Ripon
Caltrans District 10
San Joaquin Regional Transit District
Port of Stockton
SUBMITTED BY:
Diane Nguyen
Executive Director
Steve Dial
Deputy Executive Director/
Chief Financial Officer
50 DocuSign Envelope ID: 3433DEA0- 4618-190- BE15- A8077748EE36 San Joaquin Council of Governments
ANNUAL FINANCIAL PLAN
Fiscal Year 2024/025
Adopted Final March 28, 2024
REVENUES
FY2022- 23 FY 2023-4 FY 2024-5
Actual Amendment * 3 Adopted Final Change Change
Federal Grants 4, 351,52 9, 703, 559 22, 768, 271 13, 064, 712. 00 134. 64% State Grants 5, 290, 133 23,57, 962 17, 269,42 5, 988, 720. 40) 25. 75% Local 6, 459, 552 7, 371, 221 8, 186, 088 814,67. 00 11. 05% Interest 65, 347 20, 000 20, 000 0.0%
Other 113, 454 79, 600 60, 000 19, 600. 0) 24. 62%
I
SJCOG OPERATING 16, 279, 838 40,32, 342. 40 48, 303, 601. 0 7, 871, 258. 60 19. 47%
EXPENDITURES
Salaries & Benefits 4, 910, 403 6, 281, 809. 00 6, 944, 063.0 662, 254. 00 10. 54% Services & Supplies 1, 336, 555 1, 338, 500. 0 1, 572,00 234, 000. 17. 48% Office Expense 375, 730 338, 000. 367, 000 29, 000. 8. 58% Communications 58, 394 60, 000. 60, 000 0.0%
Memberships 42, 395 45, 000. 45, 000 0.0%
Maintenance - Equipment 4, 859 10, 000. 10, 000 0.0%
Rents & Leases - Equipment 70, 424 131, 000. 131, 000 0.0% Transportation, Travel & Training ( In & Out of State) 212,95 125, 000. 223, 000 98, 000. 78. 40% Publications & Legal Notices 3, 929 7, 500. 0 7, 500 0.0% Insurance 204, 781 205, 000. 258, 000 53, 000. 25. 85%
Building Operations & Maintenance 270, 868 217, 000. 271, 000 54, 000. 24. 88% SJCOG Building Debt Service Principal and Interest 92, 880 200, 00. 200, 00 0.0% Professional Services 9, 171, 078 32, 431, 533. 40 39, 406, 538. 00 6, 975, 004. 60 21. 51% Capital Outlay 2, 010, 716 380, 50. 0 380, 50 0.0%
Unallocated/ Resrve
SJCOG OPERATING EXPENDITURES 17. 428, 751 40,32, 342. 40 48, 303, 601. 0 7, 871, 258. 60 19. 47% 51 DocuSign Envelope ID: 3433DEA0- 4B18-190- BE15- A8077748EE36 March 2024
SJCOG Board
STAFF REPORT
SUBJECT: FY 2024-025 Proposed Annual
Financial Plan ( AFP)
RECOMMENDED ACTION: That the Board Adopt Resolution 24-4 Approving the FY 2024-025 Annual
Financial Plan
The attached proposed Annual Financial Plan (AFP) provides a detail of revenues and expenditures by cost category and line item. The proposal compares the FY 2024-025 budget with the most recently adopted FY 2023-024 AFP. In addition, it compares the proposal to the FY 2022-023 actual expenditures. The total revenues and expenditures amount to $ 48, 303, 601. 00. The proposed AFP represents the general fund budget for SJCOG. The revenues and expenditures in the AFP are the same as the Overall Work Program (OWP), however, presented in a traditional line -item format compared to the work element format of the OWP.
Below is a summary of revenues and expenditures in the AFP. For details on each of those categories please refer to the attachment.
Readers should note several differences between SJCOG and its member agencies' budgets:
SJCOG revenue sources are quite different from our member agencies:
SJCOG employs staff on an at -will basis, vis- a- vis civil service and has its own employee handbook and policies.
SJCOG has its own Financial and Accounting Policy guiding our financial matters including procurement procedures.
SJCOG employees are exempted from Social Security except for Medicare.
As noted below, SJCOG offers a defined contribution retirement plan to its employees. SJCOG has no CaIPERS or other post employments benefit obligations except limited sick leave conversion as noted.
Upon adoption by the board, pursuant to the SJCOG Joint Powers Agreement, the AFP will be sent to the member agencies for ratification. Ratification is achieved when a majority of the
member agencies representing 55% of the county population, approve the AFP.
The following assumptions are incorporated in the budget:
1. Work will not begin, and expenses will not be incurred unless anticipated revenue sources are secured.
52 DocuSign Envelope ID: 3433DEA0- 4B18-190- BE15- A8077748EE36
2. The position of Deputy Director of Finance & Administration is being added to the classification table under group B. This position is being created to backfill the Deputy Executive Director/ Chief Financial Officer position once it becomes vacant.
3. The position of Manager of Administration has been vacant for two years and SJCOG does not intend to fill it in the future; therefore, this position is being removed from the classification chart. To meet the evolving needs of SJCOG, the position of Assistant Office Administrator to support the administrative functions of the office is being created. This position will have different responsibilities and a lower pay grade compared to the Manager of Administration. This position is being added with the concurrent elimination of an Administrative Technician position that was left vacant in the last quarter of FY 2024.
4. The budget includes a new longevity incentive program to attract and maintain an experienced and knowledgeable workforce. In addition, long term staff can reach their maximum salary and only receive cost of living adjustments annually. The incentive is structured to recognize and reward the length of staffs' tenure. The longevity pay targets will be 10, 15 and 20 years ( of continuous service), with an increase in base salary of 1%, 2% and 3% respectively. Currently, this benefit will apply to eight ( 8) noncontract employees and the estimated financial impact for FY 2024-025 is $ 29, 158. 00. This longevity pay does not apply to the contract position of the Executive Director.
5. The budget includes a pool equaling 7% of current salaries that can be drawn upon for merit -based increases and potential promotions. The full impact of that pool is incorporated into the salary -driven benefits ( retirement, Medicare, disability).
6. SJCOG has no significant liability exposure for post -employment benefits. a. The employee retirement program is a defined contribution program managed by Mission Square Retirement, formerly the International City Managers Association Retirement Program.
b. SJCOG employee vacation accruals are capped at two times the individual' sannual leave.
c. Upon separation, an employee can convert accrued sick leave hours to be deposited into a Retirement Health Savings Account to pay for health - related expenses, with the qualification of being 50 years of age or 20 years of SJCOG employment. The conversion is based upon the employee' ssalary at retirement and alleviates SJCOG of any further liability.
REVENUES
Compared to the current year amended AFP, SJCOG general fund operating revenues are proposed to increase from $ 40,32, 342. 40to $48, 303, 601. 00, an increase of 7, 871, 258. 60
53 DocuSign Envelope ID: 3433DEA0- 4B18-190- BE15- A8077748EE36 a,
9)
re
FY24/ 25 Revenue Budget Total Budget $ 48, 303, 601
22, 768, 271
25, 000,0
20, 000,00
15, 000,00
10, 000,00
5, 000,00
1 2
17, 269,42
8, 186. 088
111 480Effir
80. 000
3 4
Funding Category
Federal Grants State Grants • Local Interest& Other
Federal funding for general
fund activities is $ 22, 768, 271
or 134. 64% higher than FY
2023-4 primarily due to a
15, 000,00 Charging and
Fueling Infrastructure grant.
State funding sources are $ 17, 269,42. 00 or 25. 75% lower primarily due to:
1, 224, 892 drawdown on Regional Early Action Planning ( REAP) 1. 0 493, 526 drawdown on REAP 2. 0
Consumption of $2, 368, 883. 78 from the state grant for Sustainable Transportation Equity Project (STEP).
950, 00 drawdown on Regional Climate Collaborative grant. 787, 51 drawdown on Clean Mobility Options grant.
1, 338, 147. 75drawdown on prior year' s Freeway Service Patrol funding. 1, 084,44 is available for FY 24-5 future years of Freeway Service Patrol funding.
264, 199. 75 drawdown has occurred on three years of Senate Bill 1 ( SB1) Sustainable Transportation Planning Grants offset by a FY 24-5 allocation of 355, 000.
290, 544. 12 drawdown on prior year' s
State Transportation Improvement
Program ( STIP) for planning offset by FY 24-5 allocation of $290, 00.
Local revenues are higher by $ 814,67 or 11. 05% due to increased sales tax receipts on Local Transportation Fund by $ 96, 018, Measure K by $ 605, 849, Sacramento Association of Governments of $200, 00, offset by an $ 87, 000 decrease in donations.
EXPENDITURES
54 DocuSign Envelope ID: 3433DEA0- 4B18-190- BE15- A8077748EE36 FY24/ 25 Expenditures
15000000
10000000
5000000
0 6, 991, 881
1, 572,00
AlIMP
Total Budget $ 4830033 601
39,58, 720
380, 50
s
Salarla& Servkesand Professional Capital
Benefit Supplies Servleas Outlay
Expenditure Class
Salaries& Benefits aServlces and Supplies a Professional Services Capital Outlay Salaries and Benefits are
anticipated to increase by
662, 254 or 10. 54% from
6, 281, 809to $ 6, 944, 063
compared to the FY 23-4
amended budget. The
budget includes the removal
of the Manager of
Administration position and
the addition of the position
of Assistant Office
Administrator ( to replace a
recently vacant
Administrative Technician
position so there are no changes to overall staffing numbers). The new position is at a lower pay grade than that of the Manager. It also includes $ 29, 158. 00 for longevity pay and $ 343, 863. 00 or 7.0% of total salaries pool for merit -based raises. The salary -driven benefits adjust accordingly.
Services and Supplies are proposed to increase by $136, 000.
Computer software, supplies, postage, and licensing is increasing by $29, 000 to support both a return to the office, working remotely and heightened cybersecurity. Liability insurance is increasing by $ 53, 000 due to increased premiums. Building maintenance is increasing by $54, 000 due to increased utilities, security upgrades, and vandalism repairs.
Transportation, Travel, and Training increase by $98, 000.
With several new board members and new employees, more training expenses are expected. This budget has increased by $ 98, 000 up to $ 223, 000. This will help to support such activities as the annual One Voice® trip.
Professional Services — Increases $ 6, 975, 004. 60 from FY 23-4 $32, 431, 533. 40 to 39, 406, 538. 00.
There are consumptions of various grants and new funding sources, which directly correlate to professional services. For example, the prior years' SB- 1 Sustainable Communities grants used $ 222, 530. 0and we are budgeting the new SB- 1 allocation of 355, 000.. The 1- 205 Managed Lanes Widening project consumed $ 1, 800, 000. and we are budgeting $ 12, 452, 108. 00 for the Clean Fuels Infrastructure project.
The Sustainable Transportation Equity Project (STEP) has consumed $ 2, 168, 883. 00 and the CMO Voucher is program drew down by $ 510,66. 00. The San Joaquin Regional Climate Collaborative used $ 850, 00. while the Regional Early Action Plan REAP 1.0) expended $ 909, 82. 00.
Position Classification and Salary Schedule
Per board policy, the salary ranges at both the minimum and maximum levels and are adjusted by the CPI change.
55 DocuSign Envelope ID: 3433DEA0- 4618-190- BE15- A8077748EE36
FISCAL IMPACT
All revenues in the AFP are secured and available. The Annual Financial Plan is required to be adopted by the Board of Directors prior to April 1 each year and disseminated to the member agencies for ratification. The Annual Financial Plan is the traditional line -item budget identifying estimated revenues and expenditures for the fiscal year. The Annual Financial Plan is complementary to the Overall Work Program.
RECOMMENDATION
That the Board adopt Resolution 24-4 approving the FY 2024-5 Annual Financial Plan.
Prepared by: Steve Dial, Deputy Executive Director/ CFO, and Grace Orosco, Manager of Finance
56 DocuSign Envelope ID: 3433DEA0- 4B18-190- BE15- A8077748EE36
RESOLUTION
SAN JOAQUIN COUNCIL OF GOVERNMENTS
R- 24-4
RESOLUTION APPROVING THE ADOPTION OF THE 2024-025
ANNUAL FINANCIAL PLAN
FOR THE SAN JOAQUIN COUNCIL OF GOVERNMENTS
WHEREAS, the San Joaquin Council of Governments is required by the Joint Powers Agreement to adopt a budget ( Annual Financial Plan) annually, and WHEREAS, the adopted budget is to be sent to the member agencies for ratification.
NOW THEREFORE BE IT RESOLVED, that the San Joaquin Council of Governments adopts the FY 2024-025 Annual Financial Plan and directs the Executive Director to transmit it to the member agencies for ratification.
PASSED AND ADOPTED this 28th day of March 2024 by the following vote of the San Joaquin Council of Governments, to wit:
AYES:
NOES:
Mayor Bellinger, Escalon; Councilmember Blower, Stockton; Mayor Craig, Lodi; Supervisor Ding, SJ County; Mayor Lincoln, Stockton; Supervisor Rickman, SJ County; Mayor Singh, Manteca; Supervisor Villapudua, SJ County; Vice Mayor Warmsley, Stockton; Mayor Young, Tracy; Mayor Zuber, Ripon.
None.
ABSENT: Councilmember Lazard, Lathrop.
DAVID BELLINGE
Chair
57 CITY MANAGER' S REPORT ITEM 4. 7
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY APPROVAL OF AGREEMENT TO USE DONATED
FUNDS TO PURCHASE A POLICE K- 9 TO ACCOMPANY
SCHOOL RESOURCE OFFICER ASSIGNED TO RIVER
ISLAND ACADEMIES CAMPUSES
RECOMMENDATION: Adopt Resolution Ratifying Approval of Agreement to Use Donated Funds to Purchase a Police K- 9 to
Accompany School Resource Officer Assigned to
River Island Academies Campuses
SUMMARY:
Staff has been approached by River Islands Academies to consider the City' s willingness to accept funds that will be fundraised for the purchase of a single purpose K- 9 that would accompany the School Resource Officer ( SRO) assigned to River Islands schools. The timeline associated with the approval of the agreement was expedited in order to solidify the City' s place in the queue for a trained K- 9 prior to the start of the next school year. The K- 9 would improve the community' squality of life by providing a visual deterrent to prevent students from bringing prohibited items to school campus. To make this opportunity possible, the River Islands Academies will reimburse the City for the purchase of the K- 9, essential equipment, and first year training for the K- 9 and its handler. Staff has estimated the upfront costs associated with the additional K- 9 to be approximately $ 21, 800 for the first year.
The new K- 9 will offer an additional facet to the Lathrop Police Department' sexisting K- 9 unit. The new K- 9 will also be used to establish rapport with students and will have the capability to be used as a counseling tool for troubled students or students who have witnessed/ experienced traumatic events. A single purpose detection Labrador K- 9 can be more approachable to a student than a Police Officer. This action would not allow any direct donations to City staff, in conformance with the rules and regulations pursuant to California Government Code, Section 53234et. seq.
BACKGROUND:
Staff has been approached by River Islands Academies to consider the City' s willingness to accept funds that will be fundraised for the purchase of a single purpose K- 9 that would accompany the School Resource Officer ( SRO) assigned to River Islands schools. The K- 9 would improve the community' squality of life by providing a visual deterrent to prevent students from bringing prohibited items to school campus. To make this opportunity possible, the River Islands Academies will reimburse the City for the purchase of the K- 9, essential equipment, and first year training for the K- 9 and its handler. Staff has estimated the upfront costs associated with the additional K- 9 to be approximately $ 21, 800 for the first year.
The new K- 9 will offer an additional facet to the Lathrop Police Department' sexisting K- 9 unit. This, in turn, would allow the Lathrop Police Department to integrate a narcotics detection K- 9 into River Islands schools with an SRO as the handler. This 58 CITY MANAGER' SREPORT Page 1 2
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
AGREEMENT TO USE DONATED FUNDS FOR A POLICE K- 9 TO ACCOMPANY
SCHOOL RESOURCE OFFICER ASSIGNED TO RIVER ISLAND ACADEMIES K- 9 will not be trained in apprehension and will be used solely for the use of narcotics detection. The new K- 9 will also be used to establish rapport with students and will have the capability to be used as a counseling tool with troubled students or students who have witnessed/ experienced traumatic events. A single purpose detection Labrador K- 9 can be more approachable to a student than a Police Officer.
The K- 9 would be primarily used on River Islands Academies campuses alongside the SRO but could be utilized to assist patrol in calls for service when necessary. The K9 will be utilized at the full discretion of the Lathrop Police Department.
RECOMMENDATION:
Staff recommends that the City Council ratify the approval of the agreement to accept funds from River Islands Academies to be used to purchase and train a K- 9 that will accompany the SRO at RIA campuses. The timeline associated with the approval of the agreement was expedited in order to solidify the City' s place in the queue for a trained K- 9 prior to the start of the next school year. This action would not allow any direct donations to City staff.
FISCAL IMPACT:
River Islands Academies will donate to the City $ 21, 800 for the purchase, training and startup costs of the K- 9. RIA may fundraise for this amount but regardless of the amount raised, RIA will pay the total sum within the designated 30 -day time period.
Staff estimates the K- 9 purchase and startup costs to be approximately $ 21, 800. The ongoing operating and training costs associated with the K- 9 would become part of the operating budget of the Lathrop Police Department. The ongoing costs associated with the K- 9 include the monthly maintenance training of the K- 9, food, veterinary costs and the $ 600/ month stipend provided to the K- 9 officer.
ATTACHMENTS:
A. Resolution Ratifying Agreement to Use Donated Funds for Police K- 9 to Accompany School Resource Officer Assigned to River Island Academies Campuses
B. Agreement Between the City of Lathrop and River Islands Academies Regarding K- 9 Donation
59 CITY MANAGER' S REPORT Page 1 3
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
AGREEMENT TO USE DONATED FUNDS FOR A POLICE K- 9 TO ACCOMPANY
SCHOOL RESOURCE OFFICER ASSIGNED TO RIVER ISLAND ACADEMIES APPROVALS:
3o / 2o-/
Thomas Hedegard Date
Deputy City Manager
en Seal
Chief of Poli
t/I/3 Affr
Date
Salvador Navarrete Date
City Attorney
Fats s" •co• ZcZy
Stephen J. Salvatore Date
City Manager
60 RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
RATIFYING APPROVAL OF AGREEMENT TO USE DONATED FUNDS TO PURCHASE A POLICE K- 9 TO ACCOMPANY SCHOOL RESOURCE OFFICER
ASSIGNED TO RIVER ISLAND ACADEMIES CAMPUSES
WHEREAS, staff has been approached by River Islands Academies to consider the City' s willingness to accept funds that will be fundraised for the purchase of a single purpose K- 9 that would accompany the School Resource Officer ( SRO) assigned to River Islands Academies campuses; and
WHEREAS, the timeline associated with the approval of the agreement was expedited in order to solidify the City' s place in the queue for a trained K- 9 prior to the start of the next school year; and
WHEREAS, the K- 9 would improve the community' squality of life by providing a visual deterrent to prevent students from bringing items prohibited from campus to school; and
WHEREAS, to make this opportunity possible, the River Islands Academies will reimburse the City for the purchase of the K- 9, essential equipment, and first year training for the K- 9 and its handler; and
WHEREAS, staff has estimated the first -year costs associated with the K- 9 to be approximately $ 21, 880; and
WHEREAS, staff recommends that the City Council
approval of the agreement to accept funds from River Islands ratify
Academies
the City
to
Manager' s
be used
to purchase and train the K- 9 that will accompany the SRO at RIA. This action would not allow any direct donations to City staff; and
WHEREAS, the ongoing operating and training costs associated with the K- 9 would become part of the operating budget of the Lathrop Police Department. The ongoing costs associated with the K- 9 include the monthly maintenance training of the K- 9, food, veterinary costs and the $ 600/ month stipend provided to the K- 9 officer; and
WHEREAS, River Islands Academies may fundraise for this amount but regardless of the amount raised, RIA will pay the total sum within the designated 30 - day time period.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ratify approval of the agreement to authorize staff to use donated funds from River Islands Academies to be used by the City to purchase and train a Police K- 9 to accompany the School Resource Officer assigned to River Island Academies campuses and to be used by the Police Department to serve the entire community. 61 The foregoing resolution was passed and adopted this 13th day of May 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 62 CITY OF LATHROP — AGREEMENT FOR K- 9 DONATION ATTACHMENT"
AGREEMENT BETWEEN THE CITY OF LATHROP AND
RIVER ISLANDS ACADEMIES REGARDING K- 9 DONATION.
THIS AGREEMENT, dated for convenience this do day of April 2024 is by and between River Islands Academies, a nonprofit public benefit corporation (" RIA") and the City of Lathrop, a California municipal corporation (" CITY"). The CITY and RIA may be referred to herein as " Party" or collectively as " Parties".
RECITALS:
The following recitals are a substantive portion of this Agreement:
WHEREAS, the CITY and RIA entered into an agreement on about November 13, 2023 wherein the CITY agreed to assign a Lathrop Police Department Officer to serve as a School Resource Officer (SRO) to RIA campuses located in the City of Lathrop on a rotational basis; and WHEREAS, RIA desires to compensate the CITY for the purchase of a single purpose Labrador K- 9 K- 9") that would accompany the School Resource Officer (SRO) assigned to River Islands schools; and WHEREAS, the K- 9would be trained to detect narcotics, including marijuana, and guns; and WHEREAS, RIA agrees that the K- 9 will be utilized primarily at the River Islands Academies' campuses and sponsored events, and that the Lathrop Police Department may utilize the K- 9 for other purposes; and
WHEREAS, it is not the intent ofthe Parties for RIA to delegate to the CITY its duty to protect its students from foreseeable or unforeseeable dangers; and WHEREAS, the Parties understand the RIA has broader legal authority to set and enforce campus rules than the CITY or its officers; and
WHEREAS, the Parties understand student privacy rights limit the CITY' s and assigned officers' access to RIA information, which may limit the CITY' s and officers' ability to perceive a potential threat; and
WHEREAS, the Parties anticipate the assigned SRO' s off -campus duties and travel between campuses will take the K- 9 off -campus and result in the lack of the presence of an SRO and the K- 9 during such times; and
WHEREAS, the Parties agree that the absence of the assigned officer, K- 9 and/ orthe patrol vehicle from a school campus shall not be considered a breach of this Agreement; NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions in this Agreement, RIA and the CITY agree as follows:
AGREEMENT
1) Scope of Service
The CITY will purchase a single purpose Labrador K- 9 ("K- 9") to accompany the School Resource Officer ( SRO) assigned to River Islands schools.
Page
63 1 of 5
1 CITY OF LATHROP — AGREEMENT FOR K- 9 DONATION
The K- 9 shall be considered a CITY employee and shall be subject to the CITY' s administration, supervision, and control.
Within 30 days of this Agreement, RIA will reimburse CITY $ 21, 800 for the purchase and training of the K- 9. RIA may fundraise for this amount but regardless of the amount raised, RIA will pay the total sum within the designated 30 -day time period, at which point the K- 9 shall be utilized by the SRO at RIA campuses as contemplated herein.
2) Effective Date and Term
The effective date of this Agreement shall be from the date of its full execution through the last day of service by the herein referenced K- 9to the RIA campuses located in the City of Lathrop. 3) Insurance
A. RIA, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term ofthis Agreement, the insurance coverage described in Exhibit " B".
Exhibit "B" is attached to this Agreement and incorporated herein as though fully set forth. RIA and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability policy or policies.
B. All insurance coverage required hereunder shall be provided through carriers with AM Best' sKey Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors ofCITY retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
C. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY' s
attorney and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the City Attorney thirty (30) days prior written notice of the cancellation or modification ( except for non- payment ofpremium, in which case ten ( 10) day notice is required.
D. If the insurer cancels or modifies the insurance and provides less than thirty (30) day notice to RIA, it shall provide the City Manager written notice ofthe cancellation ormodification within two ( 2) business days of the RIA' sreceipt of such notice. RIA shall be responsible for ensuring that current certificates evidencing the insurance are provided to the City Manager during the entire term of this Agreement.
E. The procuring of such required policy or policies ofinsurance will not be construed to limit the RIA' sliability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, the RIA will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
4) Indemnification
A. The RIA shall indemnify, defend, and hold harmless the CITY, its officers,
64 110
CITY OF LATHROP — AGREEMENT FOR K- 9 DONATION
officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with 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 this Agreement, except such loss or damage which was caused by the active negligence by CITY Personnel, or the gross or willful misconduct of CITY Personnel.
B. The CITY shall indemnify, defend, and hold harmless the RIA, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out ofthe gross or willful negligence by the CITY or the gross or willful misconduct of the assigned officer during the performance of work hereunder. Parties agree that the absence of the assigned officer, K- 9and/ orthe patrol vehicle from a school campus shall not be considered gross or willful negligence by the CITY or the gross or wilful misconduct of the assigned officer during the performance of work hereunder.
C. In the event of concurrent negligence on the part of RIA or any of its officers, directors, trustees, employees, agents or volunteers, and the 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 comparative negligence as presently established or as may be modified hereafter.
D. Ifthe RIA rejects a tender of defense by the CITY and/ orthe assigned officer under this Agreement, and it is later determined that the CITY and/ orthe officer breached no duty of care and/ or was immune from liability, the RIA shall reimburse the CITY and/ or officer for any and all litigation expenses ( including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court,
including a declaratory relief determination by a court after the CITY and/ or officer settles a liability claim, with or without participation by the RIA.
E. The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the CITY or its assigned officer that they would not owe in the absence ofthe Agreement. The Parties agree that this Agreement does not create an affirmative duty of care ( including, without limitation, a duty to protect, a duty to deter and/ or a duty to intervene) by the CITY or the assigned officer and the absence of the assigned officer and/ or the patrol vehicle is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the CITY nor its assigned officer intends to waive any immunities to which they would be entitled in the absence of the Agreement.
5) Integration ofPrior 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 ofthe 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 ofCity Manager or City Attorney equivalent.
65 CITY OF LATHROP — AGREEMENT FOR K- 9 DONATION
r
i
The indemnity sections shall survive termination or expiration of this agreement.
To City:
Copy to:
To RIA:
6) Signatures
City of Lathrop
City Clerk
390 Towne Centre Dr.
Lathrop, CA 95330
City ofLathrop
Lathrop Police Department
940 River Islands Parkway
Lathrop, CA 95330
River Islands Academies
Attn: Brenda Scholl, Director
2760 Penrose Lane
Lathrop, CA 95330
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 ofthe respective legal entities of the RIA and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
66 CITY OF LATHROP — AGREEMENT FOR K- 9 DONATION
In Witness Whereof, the Parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.
City of Lathrop
Recommended for Approval:
Approved By:
River Islands Academies
Brenda Scholl Date
Executive Director
St J. Salvatore Date SusarrDell' Osso
City Manager
Approved as to Form:
Salvador Navarrete
City Attorney
Date
Attest:
eresa Vargas Date
City Clerk
School Board President
67 ITEM 4. 8
CITY MANAGER' S REPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY OUT-F- STATE TRAVEL COSTS FOR THE
LATHROP POLICE DEPARTMENT FOR SUSPECT
EXTRADITION FROM OKLAHOMA
RECOMMENDATION: Adopt Resolution Ratifying the Out -of -State Travel Costs for the Lathrop Police Department for Suspect
Extradition From Oklahoma
SUMMARY:
During criminal investigations, suspects may flee to different states to avoid arrest or prosecution. On April 9, 2024, our investigation unit went to a confidential location in Oklahoma to pick up a suspect in one of our cases.
The total cost for the extradition incurred by the department was $ 4, 286. There are sufficient funds in the Lathrop Police Department ( LPD) travel budget to cover the cost of the extradition. Staff recommends Council ratify the out-f- state travel costs for the Lathrop Police Department for suspect extradition.
BACKGROUND:
A shooting occurred in Lathrop on December 20, 2023. The case was given to LPD' s Investigation Unit, and they have worked diligently to follow up on all leads that may lead to the arrest of a suspect. In April 2024, our Investigation Unit received word that the suspect for the case was in Oklahoma. The Lathrop Police Department acted quickly to make travel arrangements for the extradition.
During criminal investigations, suspects may flee to different states to avoid arrest or prosecution. Extradition is the legal process to return a suspect to the state where the crime occurred. Extradition ensures that individuals facing criminal charges cannot evade accountability by crossing state lines. This upholds the principle of justice and facilitates cooperation between law enforcement agencies across jurisdictions and ensures that suspects face the consequences of their actions. On April 9, 2024, our officers successfully extradited the suspect back to San Joaquin County to face charges.
The total cost for the extradition was $ 4, 286. State law and the City' stravel policy require Council approval of all out-f- state travel. Due to the exigent circumstances relating to the required travel, the Lathrop Police Department was unable to seek prior authorization. Staff now seeks Council approval of the emergency out-f- state travel costs for suspect extradition.
68 CITY MANAGER' S REPORT PAGE 2
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
RATIFY OUT-F- STATE TRAVEL COSTS FOR THE LATHROP POLICE
DEPARTMENT FOR SUSPECT EXTRADITION FROM OKLAHOMA
REASON FOR RECOMMENDATION:
State laws and the City' s travel policy require Council approval of all out-f- sate travel.
FISCAL IMPACT:
There are sufficient funds in the Lathrop Police Department' stravel budget to cover the cost of the extradition. There is no further fiscal impact.
ATTACHMENTS:
A. Resolution Ratifying Out -of -State Travel Costs for the Lathrop Police Department for Suspect Extradition from Oklahoma
69 CITY MANAGER' SREPORT PAGE 3
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
RATIFY OUT-F- STATE TRAVEL COSTS FOR THE LATHROP POLICE
DEPARTMENT FOR SUSPECT EXTRADITION FROM OKLAHOMA
APPROVALS:
phen Seal
Chief of Police
Cari James Date
Finance Director
Salvador Navarrete Date
City Attorney
51. - a
Stephen J. Salvatore Date
City Manager
70 RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY
OUT-F- STATE TRAVEL COSTS FOR THE LATHROP POLICE DEPARTMENT FOR
SUSPECT EXTRADITION FROM OKLAHOMA
WHEREAS, a shooting occurred in Lathrop on December 20, 2023; and WHEREAS, in April 2024, our Investigation Unit received notification that the suspect for the case was held in Oklahoma, and the Lathrop Police Department acted quickly to make travel arrangements for the extradition; and WHEREAS, on April 9, 2024, LPD officers successfully extradited the suspect back to San Joaquin County to face charges; and
WHEREAS, the total travel cost associated with the extradition were $ 4, 286; and
WHEREAS, there are sufficient funds in the Lathrop Police Department' stravel budget to cover the cost of the extradition; and
WHEREAS, State laws and the City' stravel policy requires that all out-f- state travel be approved by Council; and
WHEREAS, due to the nature of the travel, staff was unable to seek prior authorization for the out-f- state travel costs; and
WHEREAS, staff recommends Council ratify the out-f- sate travel costs for suspect extradition.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby ratify the out-f- state travel costs for suspect extradition by the Lathrop Police Department from Oklahoma.
71 The foregoing resolution was passed and adopted this 13th day of May 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 72 PAGE LEFT
INTENTIONALLY
BLANK
73 ITEM 4. 9
CITY MANAGER' S REPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
RATIFY SERVICE CONTRACT WITH SOLID
NETWORKS INC FOR DISASTER RECOVERY
EQUIPMENT AND INSTALLATION
Adopt a Resolution to Ratify Service Contract
with Solid Networks Inc for Disaster Recovery
Equipment and Installation
SUMMARY:
On March 11, 2024, City Council approved for the Information Systems Department ISD) budget for cyber security related equipment and software subscriptions. The increase in funding was essential to maintain the ongoing enhancement of the City' s cyber security systems. The related system proposed by ISD would be critical in the event disaster recovery is required. Disaster recovery could be required in the event of a natural disaster or a cyber security attack.
The details of the proposed cyber security equipment and related software subscription cannot be publicly disclosed due to significant security risks associated with such sensitive information. Publishing these details could 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' s cyber security infrastructure, the specific details of the equipment and related software subscription must remain undisclosed.
Staff reached out to twelve ( 12) other vendors to provide quotes for the required equipment, software and services and received the only quote from Solid Networks Inc. The other vendors either did not reply or replied with a response indicating they would not provide a quote. The City Manager signed approval of the service contract with Solid Networks Inc. for the services, equipment, and related software subscription in May 2024 due to the long lead times for this equipment as to not delay the project.
Staff is requesting City Council ratify the service contract with Solid Networks Inc. for disaster recovery equipment and installation in the total amount of $290, 488.
BACKGROUND:
The approval of the budget increase for cyber security equipment and related software subscriptions by the City Council on March 11th, 2024, marked a significant milestone in bolstering the City' s cyber security posture. This augmentation was specifically earmarked to cover the expenses associated with acquiring cyber security equipment and related software subscriptions, essential for aligning with the rigorous standards outlined by the National Institute of Standards and Technology ( NIST). 74 CITY MANAGER' S REPORT PAGE 2
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC FOR DISASTER
RECOVERY EQUIPMENT AND INSTALLATION
Compliance with these standards is not only 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 and ensuring resilience against emerging threats.
In the event of a natural disaster or a cyber security attack, this proposed new equipment and the related software subscriptions will reduce the City' s down time from three ( 3) months down to potentially a maximum of two ( 2) weeks. This will be crucial for the business continuity and the continuation of critical public safety systems.
The details of the proposed cyber security equipment and related software subscription cannot be publicly disclosed due to significant security risks associated with such sensitive information. Publishing these details could 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' s cyber security infrastructure, the specific details of the equipment and related software subscription must remain undisclosed.
Staff requested quotes from twelve ( 12) vendors for the required services, equipment, and related software subscription. Only Solid Networks Inc. was able to provide a quote with most vendors were unresponsive regarding this opportunity.
Solid Networks produced a quote of $ 290, 488for the required services, equipment, and related software subscription. The City Manager signed approval of the service contract with Solid Networks Inc. for disaster recovery equipment in May 2024 due to the long lead times for this equipment so as not delay the project. Therefore, staff is requesting City Council ratify the service contract with Solid Networks Inc. for disaster recovery services, equipment, and related software subscription in the total amount of $290, 488.
REASON FOR RECOMMENDATION:
Staff recommends City Council to ratify the service contract with Solid Networks Inc for the disaster recovery equipment and installation 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- 450- 12- 00as approved by the City Council on March 11th, 2024.
75 CITY MANAGER' S REPORT PAGE 3
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC FOR DISASTER
RECOVERY EQUIPMENT AND INSTALLATION
ATTACHMENTS:
A. Resolution of the City Council of the City of Lathrop to Ratify Service Contract with Solid Networks Inc for the Disaster Recovery Equipment and Installation B. Executed Service Contract with Solid Networks Inc for Disaster Recovery Equipment and Installation
76 CITY MANAGER' S REPORT PAGE 4
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC FOR DISASTER
RECOVERY EQUIPMENT AND INSTALLATION
APPROVALS:
rnandes Date
nformation Systems Director
4/) Su /- to- 1. 44
Cari James Date
Finance Director
Michael King Date
Assistant City Manager
S• 1•2o2y
Salvador Navarrete Date
City Attorney
F=oL2
Stephen J. Salvatore Date
City Manager
5.7• zozy
77 RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY
SERVICE CONTRACT WITH SOLID NETWORKS INC FOR DISASTER RECOVERY
EQUIPMENT AND INSTALLATION
WHEREAS, on March 11, 2024, City Council approved an increased budget for the Information Systems Department ( ISD) for cyber security related equipment and software subscriptions; and
WHEREAS, this budget augmentation may be used for expenses associated with acquiring cyber security equipment and related software subscriptions, including those essential for aligning with the rigorous standards outlined by the National Institute of Standards and Technology ( NIST); and
WHEREAS, the details of the proposed cyber security equipment and software subscription cannot be publicly disclosed due to significant security risks associated with such sensitive information; and
WHEREAS, the City Manager approved this service contract in May 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 service contract with Solid Networks Inc. for the disaster recovery equipment in the amount of $ 290, 488. 78 The foregoing resolution was passed and adopted this 13th day of May 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 79 Office of the City Manager
May S , 2024
Solid Networks, Inc.
Joe Cram
5686 Pirrone Road
Salida, CA 95368
Dear Mr. Cram:
Exhibit B
390 Towne Centre Dr. - Lathrop, CA 95330
Phone ( 209) 941- 7220 - fax (209) 941- 7248
www. ci. lathrop. ca. us
NOTICE TO PROCEED
Enclosed please find your original executed agreement to provide equipment and deployment of disaster recovery equipment. 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,
Fo i
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
80 DocuSign Envelope ID: CE3EBC2E- 878E- 4905- 81D1- 590F614E2392
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP AND
SOLID NETWORKS, INC.
PROVIDE EQUIPMENT AND DEPLOYMENT OF DISASTER RECOVERY
EQUIPMENT
THIS SERVICE CONTRACT ( hereinafter " Contract") is made on May S. , 2024, by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter " City") and Solid Networks, Inc. (hereinafter " Contractor"), whose Taxpayer Identification Number is 62,- 17fiviet 7 For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
SCOPE OF WORK
Contractor agrees to provide the equipment and deployment disaster recovery equipment in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibit " A" and incorporated herein by reference.
Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' ssatisfaction.
CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on a set amount not to exceed $ 290, 487. 35set forth in Exhibit "A", to provide equipment and deployment disaster recovery equipment The Contractor shall commence work within five ( 5) working days of the Notice to Proceed, and diligently prosecute the work to completion until June 30, 2025.
PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 81 DocuSign Envelope ID: CE3EBC2E- 878E- 4905- 81D1- 590F614E2392
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DISASTER RECOVERY EQUIPMENT
INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City.
Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' s expense.
NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner.
a) If the notice is given to the City, by personal delivery thereof to the City' s Director of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s Director of
Public Works, postage prepaid and certified;
b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' sBid postage prepaid and certified; or
c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.
82 DocuSign Envelope ID: CE3EBC2E- 878E- 4905- 81D1- 590F614E2392
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DISASTER RECOVERY EQUIPMENT
CONTRACTOR' SWARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. Contractor unqualifiedly warrants all work and materials to be free of defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.
APPRENTICES
a) The Contractor' sattention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6and 1777. 7 of the California Labor Code.
b) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
c) Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.
HOURS OF WORK
Eight ( 8) hours of work in any calendar day shall constitute a legal day' swork. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- fivedollars 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.
83 DocuSign Envelope ID: CE3EBC2E- 878E- 4905- 81 D1- 590F614E2392
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DISASTER RECOVERY EQUIPMENT
PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work.
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
a) A certified copy of the employee' spayroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
b) A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. c) A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractors and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.
The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.
Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual' sname, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.
84 DocuSign Envelope ID: CE3EBC2E- 878E- 4905- 81D1- 590F614E2392
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DISASTER RECOVERY EQUIPMENT
The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.
Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.
PREVAILING WAGES
a) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. ("Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable " public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at
http:// www. dir. ca. gov/ dlsr/ PWD/ index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor' s
principal place of business and at the Project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
85 DocuSign Envelope ID: CE3EBC2E- 878E- 4905- 81D1- 590F614E2392
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DISASTER RECOVERY EQUIPMENT
b) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections (a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.
CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at
CONTRACTOR' Ssole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,00). In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a
program of selfinsurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement. b) Commercial General and Automobile Liability Insurance.
CONTRACTOR, at CONTRACTOR' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence ($ 1, 000,00), combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit
86 DocuSign Envelope ID: CE3EBC2E- 878E- 4905- 81D1- 590F614E2392
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DISASTER RECOVERY EQUIPMENT
is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of
CONTRACTOR; premises owned, occupied or used by
CONTRACTOR. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONTRACTOR to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California -admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
87 DocuSign Envelope ID: CE3EBC2E- 878E- 4905- 81 D1- 590F614E2392
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DISASTER RECOVERY EQUIPMENT
c) Deductibles and Self -Insured Retentions. CONTRACTOR shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY Manager may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONTRACTOR procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR' Searliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' Sbreach.
88 DocuSign Envelope ID: CE3EBC2E- 878E- 4905- 81D1- 590F614E2392
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DISASTER RECOVERY EQUIPMENT
INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any
Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.
This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.
COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein. Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.
89 DocuSign Envelope ID: CE3EBC2E- 878E- 4905- 81D1- 590F614E2392
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DISASTER RECOVERY EQUIPMENT
INTERPRETATION
a) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract. b) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.
APPLICABLE LAW
a) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California.
b) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.
SIGNATURES
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
90 DocuSign Envelope ID: CE3EBC2E- 878E- 4905- 81D1- 590F614E2392
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DISASTER RECOVERY EQUIPMENT
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete
Recommended for Approval: City of Lathrop
Docu3igned by:
AI FtX1A- 41A,6, S
Tony` emandes
Director of Information Services
Approved by: City of Lathrop
FoA
Stephen J. Salvatore
City Manager
Contractor: Solid Networks, Inc.
5686 Pirrone Road
Salida, CA 95368
Fed ID # 62- 1782197
Business License # 20058
Date
5/3/ 2024
Docu3igned by:
CL hisfitna oGiwsoin,
OD AOJ11330482.
Signature
Christina Robinson
Date
S- 8
zozy
Date
4/ 29/024
Date
Procurement
Print Name and Title
91 DocuSign Envelope ID: CE3EBC2E- 878Er4905- 81 D1- 590F614E2392 115 SolidNetworks
Solid Networks
Mark Ricci
1, 209, 338. 1424
Mark. Ricci@SolidNetworks. com
it ft1T
Technology
Simplified
We have prepared a quote for you
Prepared for:
92 Price Qty Ext. Price
239, 013.0
8, 036.0
59. 00
1 1
2 16
6 18
2 1
2 4
4 1
1 1
6 1
1 1
1 2
1 1
4 239, 013.0
8, 036.0
236. 00
Subt tal 5247, 285. 00
Page: 2 of 6 93
Price Qty Ext. Price
131. 00 128 16, 768. 00
Subtotal 16, 768. 00
Services
SNI- PS Professional Engineering Services
Price Qty Ext. Price
5,00. 0 1 5,00. 0
Subtotal 5,00. 0
Statement of Work
l
Project Coordination
SNI will assign a project coordinator to manage timelines, project calls, SNI service resources, and client expectations, including:
Coordination and communications with client' s personnel.
Coordination, supervision, and scheduling of SNI service resources.
Scheduling of regular project status meetings and calls as required. 3rd -party vendor coordination, planning and scheduling ( if required).
Project closure, including providing final documentation, closure meeting and project sign -off.
High -Level Project Scope
The SNI service team, in cooperation with City of Lathrop IT, will perform the following tasks:
Perform any final discovery, determine the order of operation, develop a project plan and deployment timeline Work closely with Lathrop intemal IT to validate the deployment process and final acceptance plan.
Select prospective physical installation dates with Lathrop IT.
Procure the hardware outlined within the bill of materials and deliver to the City of Lathrop' scity hall.
Work with Lathrop IT to inventory and inspect new hardware when it arrives onsite.
Program
Lathrop IT will be responsible
Ethernet
SNI will provide Lathrop intemal IT with administrative knowledge transfer to eventually hand primary responsibility of the restore process off to Lathrop' sintemal IT resources.
City of Lathrop Project Responsibilities
Designate a primary project lead to facilitate communications and processes. 94 Designate a primary contact for any potential scope change requirements. Any potential scope change requests must be validated by these specified contact( s).
Provide adequate workspace and network connectivity for on -site SNI engineering resource requirements.
Make available an employee when needed to assist SNI and provide physical and/ orremote access to client facilities.
Provide all network information and access required for the successful completion of this project.
Adhere to installation schedules with SNI project team. Any deviation from the project timeline could result in a completion delay and potential project change -orders.
95 Lathrop
Quote #:
Version: 1 Updated: 04/ 17/ 2024
Prepared by:
Solid Networks
Mark Ricci
1. 209. 338. 1424
Mark. Ricci@SolidNetworIcs. com
Quote Summary
Description
Services
Expiration Date: 05/ 16/ 2024
Prepared for:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Tony Femandes
209) 941- 7200
tfemandes© ci. lathrop. ca. us
Ship To:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Tony Fernandes
209) 941- 7200
tfemandes© ci. lathrop. ca. us
Amount
247,85. 00
16, 768. 00
5,00. 0
Subtotal: 289, 553. 00
Estimated Tax: 20, 934. 35
Total: 290, 487. 35
Due to the global pandemic, the supply chain for IT products has been severely constrained. Please note that vendors are not allowing for cancellations on orders, even when the delivery time is severely impacted. We appreciate your patience as we navigate these circumstances.
All work performed is bound by the terms and conditions set forth in our current Master Services Agreement. Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.
Solid Networks City of Lathrop
Signature:
Name: Mark Ricci
Title: Account Manager
Date:
Signature:
Name:
Title:
Date:
Tony Fernandes
Information Technologies Manager
96 OFFSITE STAGING & CONFIGURATION AGREEMENT FOR
The OAsite Staging & Configuration Agreement (" Agreement") is entered into upon approval of the Solid Networks Quote between ( Quote listed customer Client') and Solid Networks [ SNI].
Client wishes to purchase equipment from SNI which will be held, staged, or configured at a location other than the client premises.
The parties therefore enter into this agreement, on the following terms and conditions:
A. Provisions Related to Equipment Purchases.
1. Transfer of Title
All equipment purchased by client hereunder shall be deemed to have been delivered and title shall transfer to Client when received at the offsite location. The offsite location may be an office location of Client or a staging facility as indicated in the SHPTO location of the agreement.
2. Invoicing
Client may be invoiced for the equipment upon delivery to the offsite location. 97 ITEM 4. 10
CITY MANAGER' S REPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE THE PURCHASE OF EIGHT ( 8) VEHICLES
FROM MCAULEY FORD OF PATTERSON AND FOUR ( 4)
VEHICLES FROM AMERICAN CHEVROLET OF
MODESTO, AND AUTHORIZE A SERVICE CONTRACT
FOR NEXTGEN ALPHA UPFITTING TO PROVIDE THE
PURCHASE AND INSTALLATION OF UPFITTING
MATERIALS FOR POLICE VEHICLES
RECOMMENDATION: Adopt a Resolution Approving the Purchase of Eight 8) Vehicles from McAuley Ford of Patterson and
Four ( 4) Vehicles from American Chevrolet of
Modesto, and Authorizing the Purchase and
Installation of Police Vehicle Equipment by NextGen
Alpha Upfitting
SUMMARY:
The Parks and Recreation Department is responsible for the purchasing and maintaining a variety of fleet vehicles and equipment for the purpose of operating facilities, construction of infrastructure, and public safety. Due to the growth of the City and replacement of vehicles that have met their life span, new fleet vehicles are needed for staff to continue efficiently performing Citywide services. Staff is requesting Council approval of the purchase of twelve ( 12) vehicles including their upfitting.
Pursuant to the Lathrop Municipal Code ( LMC) section 2. 36. 050, staff reached out to 39 Ford dealerships to obtain quotes for eight ( 8) Police Department vehicles.
McAuley Ford of Patterson provided the lowest quote of $ 392, 713 for eight ( 8) Police Department vehicles. The quote is for two ( 2) black Ford Explorer Interceptors, one 1) black Ford Explorer ST, three ( 3) white Ford Explorer Interceptors, one ( 1) Ford F- 150 Responder and one ( 1) Ford F- 150 SuperCrew XL. Staff reached out to a combination of 88 Ford, Chevrolet and Dodge dealerships to obtain quotes for both the Building Department and Utility Department vehicles. American Chevrolet of Modesto provided the lowest quote of $ 219, 571 for four ( 4) vehicles. The quote is for two ( 2) upfitted Chevrolet Colorado' s, one ( 1) upfitted Chevrolet Silverado 2500 HD Pickup and one ( 1) Chevrolet Silverado 2500 HD Utility Body Pickup.
In addition, six ( 6) of the eight ( 8) new police vehicles will need to be equipped with police equipment and software. The City will enter into a Service Contract pursuant to LMC 2. 36. 140 with NextGen Alpha Upfitting to purchase and install police equipment.
98 CITY MANAGER' S REPORT PAGE 2
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
APPROVE THE PURCHASE OF EIGHT ( 8) VEHICLES FROM MCAULEY FORD OF PATTERSON AND FOUR ( 4) VEHICLES FROM AMERICAN CHEVROLET OF
MODESTO, AND AUTHORIZE A SERVICE CONTRACT FOR NEXTGEN ALPHA
UPFITTING TO PROVIDE THE PURCHASE AND INSTALLATION OF
UPFITTING MATERIALS FOR POLICE VEHICLES
The three ( 3) Public Works Department vehicles and one ( 1) Building Department vehicle will be delivered outfitted pursuant to department specifications and will not need any additional upfitting.
2) 2025 Ford Explorer
Police Interceptor ( Black)
Vehicle Cost
Next Gen
Alpha Upfitting
Total Cost
100, 55 48, 581 149, 086
1) 2025 Ford Explorer ST 45, 980 16, 827 62, 807
3) 2025 Ford Explorer
Police Interceptor ( White)
150, 754 113, 494
One Patrol
Two K -9' s
264,8
1) 2024 Ford F- 150
Police Responder
50, 039 NA 50, 039
1) 2024 Ford F- 150
SuperCrew XL
45,35 NA 45,35
2) 2024 Chevrolet
Colorado
85, 039 NA 85, 039
1) 2024 Chevrolet
Silverado 2500 HD Truck
60, 728 NA 60, 728
1) 2024 Chevrolet
Silverado 2500 HD
Service Body
73, 804 NA 73, 804
Total 612, 284 178, 902 791, 186
BACKGROUND:
Due to the growth of the City of Lathrop and the need to replace vehicles that have met their life span, eight ( 8) new vehicles are requested for the Police Department, three ( 3) new vehicles are requested for the Public Works Department, and one ( 1) new vehicle is requested for the Building Department, for a total of twelve ( 12) vehicles. Staff reached out to 39 Ford dealerships for the Police Department vehicles and a combination of 88 Ford, Chevrolet, and Dodge dealerships to obtain quotes.
Both McAuley Ford of Patterson ($ 392, 713) and American Chevrolet of Modesto 219, 571) were the lowest bidders.
99 CITY MANAGER' S REPORT PAGE 3
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
APPROVE THE PURCHASE OF EIGHT ( 8) VEHICLES FROM MCAULEY FORD OF PATTERSON AND FOUR ( 4) VEHICLES FROM AMERICAN CHEVROLET OF
MODESTO, AND AUTHORIZE A SERVICE CONTRACT FOR NEXTGEN ALPHA
UPFITTING TO PROVIDE THE PURCHASE AND INSTALLATION OF
UPFITTING MATERIALS FOR POLICE VEHICLES
The City of Lathrop Police Department currently utilizes Ford Explorer Police Interceptors and Ford F- 150 Police Responders as their fleet. It is estimated that the Police Department Ford' s will take a minimum of 6-7 months to receive. The Building were
Department
the lowest
and
bidders.
Utility Department
Many of these
vehicles
vehicles
are not
are
brand
already
specific,
available
and
on
Chevrolet' s
the lot or
are in the process of being shipped to the dealership, which can take up to 60 days.
In addition, six ( 6) of the new police vehicles will need to be equipped with police equipment. The City will enter into a Service Contract pursuant to LMC 2. 36. 140 with NextGen Alpha Upfitting ($ 178, 902) to purchase and install police equipment. The three ( 3) Public Works vehicles and one ( 1) Building Department vehicle will be delivered outfitted pursuant to Department specifications and will not need any additional upfitting.
RECOMMENDATION:
Staff recommends Council approve the purchase of two ( 2) black Ford Explorer Interceptors, one ( 1) black Ford Explorer ST, three ( 3) white Ford Explorer Interceptors, one ( 1) Ford F- 150 Responder and one ( 1) Ford F- 150 SuperCrew XL through McAuley Ford of Patterson for $ 392, 713, two ( 2) upfitted Chevrolet Colorado' s, one ( 1) upfitted Chevrolet Silverado 2500 HD Pickup and one ( 1) Chevrolet Silverado 2500 HD Utility Body Pickup through American Chevrolet of Modesto for $ 219, 571, and authorize the purchase and installation of police vehicle equipment by NextGen Alpha Upfitting in an amount not to exceed $ 178, 902.
FISCAL IMPACT:
The total cost for the twelve ( 12) vehicles with upfitting is $ 791, 186. The breakdown for each department is $ 571, 65 from the Police Department, $ 158, 843 Public Works Department and $ 60, 728 from the Building Department. Sufficient funds are available within the approved biennial budget for Fiscal Year 2023/4.
ATTACHMENTS:
A. Resolution Approving the Purchase of Two ( 2) 2025 Ford Explorer Police Interceptors ( black), One ( 1) 2025 Ford Explorer ST ( black), Three ( 3) 2025 Ford Explorer Police Interceptors ( white), One ( 1) 2025 Ford F- 150 Police Responder ( white) and One ( 1) 2024 Ford F- 150 SuperCrew XL from McAuley Ford of Patterson
B. Resolution Approving the Purchase of Two ( 2) 2024 Chevrolet Colorado' s, One 1) 2024 Chevrolet Silverado 2500 HD Pickup and One ( 1) 2024 Chevrolet Silverado 2500 HD Utility Body Pickup from American Chevrolet of Modesto 100
CITY MANAGER' S REPORT PAGE 4
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
APPROVE THE PURCHASE OF EIGHT ( 8) VEHICLES FROM MCAULEY FORD OF PATTERSON AND FOUR ( 4) VEHICLES FROM AMERICAN CHEVROLET OF
MODESTO, AND AUTHORIZE A SERVICE CONTRACT FOR NEXTGEN ALPHA
UPFITTING TO PROVIDE THE PURCHASE AND INSTALLATION OF
UPFITTING MATERIALS FOR POLICE VEHICLES
C. Resolution Authorizing a Service Contract for the Purchase and Installation of Police Vehicle Equipment by NextGen Alpha Upfitting
D. McAuley Ford of Patterson Quote - 2025 Ford Explorer Police Interceptor black), 2025 Ford Explorer ST, 2025 Ford Explorer Police Interceptor ( white), 2024 Ford F- 150 Police Responder, and 2024 Ford F- 150 SuperCrew XL for the Police Department
E. American Chevrolet of Modesto Quote - 2024 Chevrolet Colorado, 2024 Chevrolet Silverado 2500 HD Pickup, 2024 Chevrolet Silverado 2500 HD Utility Body Pickup for the Public Works Department
101
CITY MANAGER' S REPORT PAGE 5
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
APPROVE THE PURCHASE OF EIGHT ( 8) VEHICLES FROM MCAULEY FORD OF PATTERSON AND FOUR ( 4) VEHICLES FROM AMERICAN CHEVROLET OF
MODESTO, AND AUTHORIZE A SERVICE CONTRACT FOR NEXTGEN ALPHA
UPFITTING TO PROVIDE THE PURCHASE AND INSTALLATION OF
UPFITTING MATERIALS FOR POLICE VEHICLES
APPROVALS:
OvTOGLOI seboisti c vTodd Sebastian Date
Director of Parks and Recreation
Cari Jam
Director . Finance
5/ 7Zza2,/
Date
ci7/ zozy
Thomas Hedegard Date
Deputy City Manager
Michael King
Assistant City Manager
en SeaW
Chief of Polic
5•7• ZoVf
Date
617liaz_t
Date
Salvador Navarrete Date
City Attorney
pot
s 7, ZOzy
Stephen J. Salvatore Date
City Manager
102
ATTACHMENT A
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE PURCHASE OF TWO ( 2) 2025 FORD EXPLORER POLICE INTERCEPTORS ( BLACK), ONE ( 1) 2025 FORD EXPLORER ST ( BLACK), THREE 3) 2025 FORD EXPLORER POLICE INTERCEPTORS ( WHITE), ONE ( 1) 2025 FORD F- 150 POLICE RESPONDER ( WHITE) AND ONE ( 1) 2024 FORD F- 150
SUPERCREW XL FROM MCAULEY FORD OF PATTERSON FOR THE POLICE
DEPARTMENT
WHEREAS, due to growth of the City of Lathrop and the need to replace vehicles that have met their life span; and
WHEREAS, staff requested multiple quotes from 39 Ford dealerships; and WHEREAS, McAuley Ford of Patterson provided the lowest quote for the desired Ford vehicles; and
WHEREAS, staff is requesting Council approve the purchase of the following vehicles from McAuley Ford of Patterson:
Vehicle Description Cost
2) 2025 Ford Explorer Police Interceptor ( Black) 100, 55 1) 2025 Ford Explorer ST 45, 980
3) 2025 Ford Explorer Police Interceptor ( White) 150, 754 1) 2024 Ford F- 150 Police Responder 50, 039
1) 2024 Ford F- 150 SuperCrew XL 45,35
Total 392, 713
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lathrop does hereby approve the purchase of the listed eight ( 8) vehicles for $ 392, 713. 103
The foregoing resolution was passed and adopted this 13th day of May 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST:
Salvador Navarrete, City Attorney Teresa Vargas, City Clerk APPROVED AS TO FORM:
104
ATTACHMENT B
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE PURCHASE OF TWO ( 2) 2024 CHEVROLET COLORADO' S, ONE ( 1) 2024 CHEVROLET SILVERADO 2500 HD PICKUP AND ONE ( 1) 2024 CHEVROLET SILVERADO 2500 HD UTILITY BODY PICKUP FROM AMERICAN
CHEVROLET OF MODESTO FOR THE PUBLIC WORKS DEPARTMENT
WHEREAS, due to growth of the City of Lathrop and the need to replace vehicles that have met their life span; and
WHEREAS, staff requested multiple quotes from 88 dealerships; and WHEREAS, American Chevrolet of Modesto provided the lowest quote for the four desired vehicles; and
WHEREAS, staff is requesting Council approve the purchase of the following vehicles from American Chevrolet of Modesto:
Vehicle Description Cost
2) 2024 Chevrolet Colorado 84, 354
1) 2024 Chevrolet Silverado 2500 HD Truck 60, 728
1) 2024 Chevrolet Silverado 2500 HD Service Body 73, 804 Total 219, 571
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lathrop does hereby approve the purchase of the listed four (4) vehicles for $219, 571. 105
The foregoing resolution was passed and adopted this 13th day of May 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 Salvaor avarrete, City Attorney 106
ATTACHMENT C
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AUTHORIZING A SERVICE CONTRACT FOR THE PURCHASE AND
INSTALLATION OF POLICE VEHICLE EQUIPMENT BY NEXTGEN ALPHA
UPFITTING
WHEREAS, six ( 6) new police vehicles will need to be outfitted with police equipment to approved specifications of the City of Lathrop Police Department fleet; and
WHEREAS, the City will enter into a Service Contract pursuant to LMC
2. 36. 050 with NextGen Alpha Upfitting for the purchase and installation of police equipment; and
WHEREAS, the proposed additional purchase and installation with NextGen Alpha Upfitting for the vehicles is for an amount not to exceed $ 178, 902; and WHEREAS, staff is requesting Council authorize the purchase and installation of the upfitting material for the police vehicles as identified.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lathrop does hereby approve the purchase and installation of Police vehicle equipment by NextGen Alpha Upfitting, at a total cost not to exceed $ 178, 902. 107
The foregoing resolution was passed and adopted this 13th day of May 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 108
CITY OF LATHROP
ATTACHMENT D
Date: 5/ 3/ 2024
Salesperson: Jesse Gallegos
Manager: Jesse Gallegos
Customer ID #: 43947933553
FOR INTERNAL USE ONLY
BUSINESS
Home Phone :
NAME
CONTACT LILY
Address : 2112 E LOUISE AVE LATHROP, CA 95330SAN JOAQUIN Work Phone :
E -Mail: LLIU@CLLATHROP. CA. US Cell Phone :( 209) 993-386
VEHICLE
Stock # : New / Used : New VIN : Mileage:
Vehicle : Color :
Type :
Market Value Selling Price
Doc Fee
Tax
Non Tax Fees
Cash Deposit
Balance
92,85. 18
170. 00
7, 219. 53
129. 50
00 100, 54. 21
This quote is for 2 units
109
Date: 4/ 8/ 2024
Salesperson: Jesse Gallegos
Manager: Jesse Gallegos
Customer ID #: 43947933553
FOR INTERNAL USE ONLY
BUSINESS
NAME
CITY OF LATHROP Home Phone :
CONTACT LILY
Address :
2112 E LOUISE AVE
LATHROP, CA 95330
SAN JOAQUIN
Work Phone :
E -Mail : LLIU@CLLATHROP. CA. US Cell Phone : ( 209) 993-386
VEHICLE
Stock # : New / Used : New VIN : Mileage:
Vehicle : Color :
Type :
Market Value Selling Price
Doc Fee
Tax
Non Tax Fees
Cash Deposit
Balance
42, 022. 17
85. 00
3, 263. 31
64. 75
00 45,35. 23
110
Preview Order 0404 - WI L - 4x4 XL SuperCrew : Order Summary Time of Preview: 04/8/ 2024 15: 58:4 Receipt: 4/ 8/ 2024 Dealership Name : McAuley Ford
Dealer Rep. OSCAR SALAS
Customer Name CITY OF LATHR
DESCRIPTION
F150 4X4 SUPERCREW XL - 145
145 INCH WHEELBASE
TOTAL BASE VEHICLE
OXFORD WHITE
CLOTH 40/ 20/ 40 FRONT SEAT
MEDIUM DARK SLATE
EQUIPMENT GROUP 101A
XL SERIES
17" SILVER STEEL WHEELS
2. 7L V6 ECOBOOST
ELEC TEN -SPEED AUTO TRANS
265/ 70R 17 BSW ALL -TERRAIN
3. 55 RATIO REGULAR AXLE
TOTAL BASE AND OPTIONS
DISCOUNTS
TOTAL
Type Fleet
Priority Code F2
Sales Code : F72514
Vehicle Line F- 150
Model Year 2024
Order Code 0404
Price Level 440
MSRP DESCRIPTION
47395 6650# GVWR PACKAGE
0 CA NEW MTR VEHICLE BOARD FEES
47395 JOB #2 ORDER
0 FORD FLEET SPECIAL ADJUSTMENT
0 FRONT LICENSE PLATE BRACKET
0 50 STATE EMISSIONS
0 EXTENDED RANGE 36GAL FUEL TANK
0 SPECIAL DEALER ACCOUNT ADJUSTM
0 SPECIAL FLEET ACCOUNT CREDIT
0 FUEL CHARGE
0 NET INVOICE FLEET OPTION (B4A)
0 PRICED DORA
0 ADVERTISING ASSESSMENT
DESTINATION & DELIVERY
MSRP
0 0
0 0
0 0
0 0
0 0
0 0
0 1995
MSRP
49390
NA
49390
This order has not been submitted to the order bank.
This is not an invoice.
111
CITY OF LATHROP
Date: 5/ 2/024
Salesperson: Jesse Gallegos
Manager: Jesse Gallegos
Customer ID #: 43947933553
FOR INTERNAL USE ONLY
BUSINESS
Home Phone :
NAME
CONTACT LILY
Address : 2112 E LOUISE AVE LATHROP, CA 95330SAN JOAQUIN Work Phone :
E -Mail: LLIU@CI. LATHROP. CA. US Cell Phone :( 209) 993-386
VEHICLE
Stock # : New / Used : New VIN : Mileage: 10
Vehicle :2025 FORD EXPLORER AWD Color : BLACK
Type :POLICE INTERCEPTOR UTILITY
Market Value Selling Price
Doc Fee
Tax
Non Tax Fees
Cash Deposit
Balance
92,85. 18
170. 00
7, 219. 53
129. 50
00 100, 54. 21
COMMETS, EXCEPTIONS AND OR SPECIAL INSTRUCTIONS; AVAILABILITY SUBJECT TO CHANGE WITH OUT NOTICE.
INCLUDES BALLISTIC DOOR PANELS LEVEL III FOR DRIVER/ PASSENGER SIDE AND SPOT LAMPS WITH LED BULBS FOR DRIVER/ PASSENGER SIDE.
112
Preview Order 0423 - K7K - ST Line RWD : Order Summary Time of Preview: 04/ 23/024 18: 35: 24Receipt: 4/ 23/024 Dealership Name : McAuley Ford
Dealer Rep. OSCAR SALAS
Customer Name CITY OF LATHR
DESCRIPTION
K7K0 EXPLORER ST -LINE RWD
119 INCH WHEELBASE
TOTAL BASE VEHICLE
AGATE BLACK METALLIC
LEATHER W/ PERFORATED INSERTS
ONYX INTERIOR
EQUIPMENT GROUP 300A
20" MACH ALUM WHLS W/ PNTD PKT
2. 3L ECOBOOST 1- 4 ENGINE
10 -SPEED AUTO TRANSMISSION
P255/ 55R20 NS BSW TIRES
CA NEW MTR VEHICLE BOARD FEES
TOTAL BASE AND OPTIONS
DISCOUNTS
TOTAL
Type Fleet
Priority Code G2
Sales Code : F72514
Vehicle Line Explorer
Model Year 2025
Order Code 0423
Price Level 520
MSRP DESCRIPTION
44385 FORD FLEET SPECIAL ADJUSTMENT
0 BLUECRUISE EQUIP: 90DAY TRIAL
44385 50 STATE EMISSIONS
0 PRICE CONCESSION INDICATOR
0 REMARKS TRAILER
0 SPECIAL DEALER ACCOUNT ADJUSTM
0 SPECIAL FLEET ACCOUNT CREDIT
0 FUEL CHARGE
0 NET INVOICE FLEET OPTION ( B4A)
0 PRICED DORA
0 ADVERTISING ASSESSMENT
0 DESTINATION & DELIVERY
ORDERING FIN: QC591 END USER FIN: QC591 PO NUMBER: undefined INCENTIVES:
Acc. Code ID: 10 Contract/ Ref #: 02- 101S Concession Amount: $-100. 00 BID DATE: 12/ 05/ 23 STATE: CA MSRP
0 0
0 0
0 0
0 0
0 0
0 1595
MSRP
45980
NA
45980
This order has not been submitted to the order bank.
This is not an invoice.
113
CITY OF LATHROP
Date: 4/ 7/ 2024
Salesperson: Jesse Gallegos
Manager: Jesse Gallegos
Customer ID #: 43947933553
FOR INTERNAL USE ONLY
BUSINESS
Home Phone :
NAME
CONTACT LILY
Address : 2112 E LOUISE AVE LATHROP, CA 95330SAN JOAQUIN Work Phone :
E -Mail: LLIU@CI. LATHROP. CA. US Cell Phone :( 209) 993-386
VEHICLE
Stock # : New / Used : New VIN : Mileage:/ 0
Vehicle : 2025 FORD EXPLORER AWD Color : WHITE
Type : POLICE INTERCEPTOR UTILITY
Market Value Selling Price
Doc Fee
Tax
Non Tax Fees
Cash Deposit
Balance
139, 477. 7
255. 00
10, 829. 2
191. 25
00 150, 753. 31
COMMETS, EXCEPTIONS AND OR SPECIAL INSTRUCTIONS; AVAILABILITY SUBJECT TO CHANGE WITH OUT NOTICE.
INCLUDES BALLISTIC DOOR PANELS LEVEL III FOR DRIVER/ PASSENGER SIDE AND SPOT LAMPS WITH LED BULBS FOR DRIVER /PASSENGER SIDE.
114
CITY OF LATHROP
Date: 5/ 3/ 2024
Salesperson: Jesse Gallegos
Manager: Jesse Gallegos
Customer ID #: 43947933553
FOR INTERNAL USE ONLY
BUSINESS
Home Phone :
NAME
CONTACT LILY
Address : 2112 E LOUISE AVE LATHROP, CA 95330SAN JOAQUIN Work Phone :
E -Mail: LLIU@CI. LATHROP. CA. US Cell Phone :( 209) 993-386
VEHICLE
Stock # : New / Used : New VIN : Mileage:
Vehicle : Color :
Type :
Market Value Selling Price
Doc Fee
Tax
Non Tax Fees
Cash Deposit
Balance
139, 477. 7
255. 00
10, 829. 29
191. 25
00 150, 753. 31
This quote is for 3 units
115
Preview Order 0404 - K8A - Police Inter Utility AWD : Order Summary Time of Preview: 04/ 2024 14: 33:0 Receipt: NA Dealership Name : McAuley Ford
Dealer Rep. Jesus Gallegos
Customer Name CITY OF LATHR
DESCRIPTION
K8A0 POLICE INTER UTILITY AWD
119 INCH WHEELBASE
TOTAL BASE VEHICLE
OXFORD WHITE
CLOTH BUCKETS/ VINYL REAR SEATS
ONYX INTERIOR
EQUIPMENT GROUP 500A
FM STEREO
3.L TI- VCT V6 ENGINE
10 -SPEED AUTO TRANSMISSION
CA NEW MTR VEHICLE BOARD FEES
TOTAL BASE AND OPTIONS
DISCOUNTS
TOTAL
Type Fleet
Priority Code F1
Sales Code : F72514
Vehicle Line Explorer
Model Year 2025
Order Code 0404
Price Level 515
DESCRIPTION
FORD FLEET SPECIAL ADJUSTMENT
50 STATE EMISSIONS
DRIVER AND PASS LED SPOT LAMP
LH/ RH BALLISTIC DOOR PNL III
SPECIAL DEALER ACCOUNT ADJUSTM
SPECIAL FLEET ACCOUNT CREDIT
FUEL CHARGE
NET INVOICE FLEET OPTION (B4A)
PRICED DORA
ADVERTISING ASSESSMENT
DESTINATION & DELIVERY
This order has not been submitted to the order bank.
This is not an invoice.
116
CITY OF LATHROP
Date: 4/ 7/ 2024
Salesperson: Jesse Gallegos
Manager: Jesse Gallegos
Customer ID #: 43947933553
FOR INTERNAL USE ONLY
BUSINESS
Home Phone :
NAME
CONTACT LILY
Address : 2112 E LOUISE AVE LATHROP, CA 95330SAN JOAQUIN Work Phone :
E -Mail: LLIU@CLLATHROP. CA. US Cell Phone :( 209) 993-386
VEHICLE
Stock # : New / Used : New VIN : Mileage: / 0
Vehicle : 2024 FORD F150 4X4 Color : WHITE
Type : SUPERCREW 4 -DOOR POLICE RESPONDER XL
Market Value Selling Price
Doc Fee
Tax
Non Tax Fees
Cash Deposit
Balance
46, 294. 53
85. 00
3, 594. 41
64. 75
00 50, 038. 69
COMMETS, EXCEPTIONS AND OR SPECIAL INSTRUCTIONS; AVAILABILITY SUBJECT TO CHANGE WITH OUT NOTICE.
BALLISTIC DOOR PANELS NOT AVAILABLE FROM FACTORY. SPOT LAMP ONLY AVAILABLE ON DRIVER SIDE . 117
Preview Order 0404 - W1 P - 4x4 Police SuperCrew : Order Summary Time of Preview: 04/ 2024 14:8: 07 Receipt: 4/ 2024
Dealership Name : McAuley Ford
Dealer Rep. Jesus Gallegos
Customer Name CITY OF LATHR
DESCRIPTION
F150 4X4 SUPERCREW POLICE- 145
145 INCH WHEELBASE
TOTAL BASE VEHICLE
OXFORD WHITE
POLICE 40/ BLANK/ 40
BLACK
EQUIPMENT GROUP 150A
XL SERIES
3. 5L V6 ECOBOOST
ELEC TEN -SPEED AUTO TRANS
LT265/ 70R18C BSW ALL -TERRAIN
3.1 ELECTRONIC LOCK RR AXLE
7075# GVWR PACKAGE
TOTAL BASE AND OPTIONS
DISCOUNTS
TOTAL
Type Fleet
Priority Code F1
Sales Code : F72514
Vehicle Line F- 150
Model Year 2024
Order Code 0404
Price Level 420
DESCRIPTION
CA NEW MTR VEHICLE BOARD FEES
JOB #2 ORDER
FORD FLEET SPECIAL ADJUSTMENT
FRONT LICENSE PLATE BRACKET
50 STATE EMISSIONS
SPOT LAMP DRIVER ONLY ( UNITY)
SPECIAL DEALER ACCOUNT ADJUSTM
SPECIAL FLEET ACCOUNT CREDIT
FUEL CHARGE
NET INVOICE FLEET OPTION (B4A)
PRICED DORA
ADVERTISING ASSESSMENT
DESTINATION & DELIVERY
This order has not been submitted to the order bank.
This is not an invoice.
118
ATTACHMENT E
CHEVROLET
Deterriime:
Buyer:
Phone:
Phone:
Address:
Apr 24, 2024 10: 28 AM
City Of Lathrop City Of LathroSalesperson: Zach Riedinger Salesperson:
Jonathon Quevedo
C: (209) 319-039
H: (209) 941- 7372
390 Towne Centre Dr
Lathrop, CA 95330
2024 Chevrolet Colorado, Body Type: Crew Cab Pickup T24912 Color: Summit White VIN: 1GCPSBEK2R1147944
Purchase 0 Months
Down Est. $/Monthly
0 42, 177
X x
MSRP/ Retail 32, 795. 00
Selling Price 32, 795. 00
Government Fee 41. 75
Proc/ Doc Fee 85. 00
up fit / lights 5, 865. 00
Total Taxes 3,90. 19
Amount Financed 42, 176. 94
Customer Signature Manager Signature
Date Date
Please submit this worksheet to Management for its review. I understand that (i) this worksheet is neither an offer nor a contract and is not binding on the customer or the dealership, (ii) no offer to purchase any vehicle is binding until accepted in writing by an authorized American Chevrolet Sales manager on a California State Motor Vehicle Purchase Contract form and (!ii) Sales Consultant can not obligate or bind the customer or the dealership. 119
gml Vehicle Locator
AMERICAN CHEVROLET
4742 MCHENRY AVE
MODESTO, CA 95356
Phone: 209. 575- 1606
Fax: 209- 41- 7825
axel
a
Model Year: 2024
Make: Chevrolet
Model: Colorado
14C43 - Work Truck Crew Cab
PEG: 2WT- Work Truck Option Package 2WD
Primary Color: GAZ- Summit White
Trim: H1T- Jet Black, Cloth
Engine: L3B- Engine: 2. 7L TurboMax
Transmission: MFC- Transmission, 8 -Speed Automatic
Event Code: 5000 - Delivered to Dealer
Order #: DHKP73
MSRP: $ 32, 795. 00
Order Type: TRE- Retail Stock
Stock #: T24912
Inventory Status: Available
Additional Vehicle Information
GM Marketing Information
Optlbtts
Chargeable Options
L3B- Engine: 2. 7L TurboMax
PCY- WT Convenience Package
ZAO- Tire, Spare 255/ 65R17 All -Season,
Blackwall
MSRP
1, 050.
415. 00
235. 00
No Cost Options
GU6- Rear Axle, 3. 42 Ratio
MFC- Transmission, 8 -Speed Automatic
YF5- California Emissions
Other Options
2WT- Work Truck Option Package 2WD
A28 -Rear Sliding Window
A50 -Seats, Front Bucket
ATG- Remote Keyless Entry
BW5-lack Exterior Molding, Beltline
C67 -Single -Zone Manual Air Conditioning
D72 -Exterior Door Handles, Black
DWV- Mirrors, power -adjustable
HIT -Jet Black, Cloth
KW7- Alternator, 170 amps
PED- Chevy Safety Assist
PRF- 3 Years of OnStar Remote Access
QHR- Tires, 255165R17 All -Season, Blackwall
RM7- Spare Wheel, 17 x 8. 0 Steel
U2K- SiriusXM Satellite Radio
UEU- Forward Collision Alert
UQ3- Audio System Feature, 6 -Speaker System
UVB- HD Rear Vision Camera
VV4- Communication Equip Mobile Internet
Connectity
719 -Seat Belt Color, Black
A2V- Seat Adjuster
A91 - Remote Locking Tailgate
B30 -Floor Covering, Carpet
C49 - Electric Rear Window Defogger
1331 - Interior Rearview Tilt Mirror
DP5- Mirror Caps, Molded with Color
GAZ- Summit White
K34 -Cruise Control
NCH -Door Locks, Rear Child Security
PPW- Wireless Phone Projection
PZ8- Hitch View
RD6 Wheels, 17" X 8.0", Ultra Silver Metallic
Steel
RWL-ear Wheel Drive
UE1- OnStar and Chevrolet Connected Services
Capable
UHY- Automatic Emergency Braking
URL- 11. 3" Diagonal Advanced Color LCD
Display with Google
VK3- Front License Plate Kit
120
CHEVROLET
Date/ Time: May 2, 2024 03: 31 PM
Buyer: City Of Lathrop City Of Lathror
Salesperson: Zach Riedinger Phone: C: (209) 319-039
Phone: H: (209) 941- 7372 Salesperson:
Address: 390 Towne Centre Dr
Jonathon Quevedo
Lathrop, CA 95330
2024 Chevrolet Colorado, Body Type: Crew Cab Pickup T24954 Color: Summit White VIN: 1GCPSBEK2R1161987
Purchase 0 Months
Down Est. $/Monthly
0 42, 862
MSRP/ Retai I 33, 425. 00
Selling Price 33, 425. 00
Government Fee 41. 75
Proc/ Doc Fee 85. 00
up fit / lights 5, 865. 00
Total Taxes 3, 445. 32
Amount Financed 42, 862. 07
Customer Signature Manager Signature
Date Date
Please submit this worksheet to Management for its review. I understand that ( i) this worksheet is neither an offer nor a contract and is not binding on the customer or the dealership, (ii) no offer to purchase any vehicle is binding until accepted in writing by an authorized American Chevrolet Sales manager on a California State Motor Vehicle Purchase Contract form and (iii) Sales Consultant can not obligate or bind the customer or the dealership. 121
CHEVROLET
Date/ Time: Apr 24, 202411: 00 AM
Buyer. City Of Lathrop City Of Lathro;
Phone: C: (209) 319-039
Salesperson: Zach Riedinger
Phone: H: (209) 941- 7372
Salesperson:
Address: 390 Towne Centre Dr
Jonathon Quevedo
Lathrop, CA 95330
2024 Chevrolet Silverado 2500H0, Body Type: Truck TRANSIT Color. Summit White
Purchase 0 Months
Down Est. $/Monthly
0 60, 728
X x
MSRPIRetafl 53, 640. 0
Selling Price 50, 140. 0
Total Savings + Rebate 3, 500. 0
Government Fee 41. 75
Proc/ Doc Fee 85. 00
up fit ! lights 5,78. 00
Total Taxes 4, 882. 77
Amount Financed 60, 727. 52
Customer Signature Manager Signature
Date Date
Please submit this worksheet to Management for its review. I understand that (i) this worksheet is neither an offer nor a contract and is not binding on the customer or the dealership, (ii) no offer to purchase any vehicle is binding until accepted in writing by an authorized American Chevrolet Sales manager on a California State Motor Vehicle Purchase Contract form and (iii) Sales Consultant can not obligate or bind the customer or the dealership. 122
gm
Order
Workbench
Order
Details -
Order #
DGTDJM
BAC
Information
Contact
Name
DAN
MERAS
Model/ Order
Information
Model DivYear
ision Distribution
Entity
Order
Type Allocation
Group TPW
Model TPW Requested
2024 CHEVROLET FLT FNR -
Fleet
Commercial
CHDDBL CK20953 -
2500HD
Silverado:
LWB,
4WD,
Double
Cab
Pickup
5/ 13 24 2/ 194
Vehicle Specifications ColoPEG
r
Ordered
Options
1WT A2X AKO AQO AZ3 BG9 C49 C7A CGN DBG
1WT -
Work
Truck
Preferred
Equipment
Group
GAZ -
Summit
W
hite
Work
Truck
Preferred
Equipment
Group
Power
Seat
Adjuster (
Driver' s
Side)
Glass,
Deep
Tinted
Keyless
Remote
Entry
Seats:
Front
40/ 2
Split -
Bench,
Full
Feature
Floor Covering:
Rubberized
Vinyl,
Black
Defogger,
Rear
Window,
Electric
GVWRating
10, 000
Lbs
Chevytec
Spray -
on
Liner
Mirrors, Man. 0/ 5:
Ext &
Folding,
Heat,
Turn
Indicator
Contact
Phone
Stock
No.
VIN Request
ID
Trim Engine
MSRP
W/ DFC
DGTDJJ HOU -
1WT/ I
1SP/ 2LT 1FL/S- LT
Transmission
Cloth,
Jet
Black,
Interior
Trim
L8T -
Engine:
6 .
6L,
8, VSIDI
Emissi
ons LOT
M
KM NOF PCV PRF PYN QK1 OT5 OXT SAF
Engine:
6 .
6L,
8, VSIDI
10 -
Speed
Automatic
Transfer
Case:
w/
Rotary
Dial
Control,
Electronic
Shift
1WT
Convenience
Package 1
3 Years
of
0nstar
Remote
Access
Wheels:
17" Ste
el,
Painted
Standard
Tailgate
Tailgate
Function-- EZ
Lift,
Power
Lock &
Release
Tires:
LT265/ 70
R17
All
Terrain,
Blackwall
Spare
Tire
Lock
W/
r,r er.,
123
E63 G80 GAZ GT4 HOU IOR JL1 K34 K47 KC4 K14 KNP KW7
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Differential,
Rear
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White
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1WT/LTSP/ 2T/ 1FLLS- Cloth,
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Interior
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Chevrolet
Infotainment.
7" Color
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Integrated
Trailer
Brake
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Cruise
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Heavy
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Filter
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Engine
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120
Volt
Electrical
Receptacle,
In
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125
CHEVROLET
Date/ Time: Apr 24, 2024 11:5 AM
Buyer.. City Of Lathrop City Of Lathrol
Phone C: (209) 319-039
Salesperson: Zach Riedinger
Phone: 11: (209) 941- 7372
Salesperson:
Address: 390 Towne Centre Dr
Jonathon Quevedo
Lathrop, CA 95330
2024 Chevrolet Silverado 2500HD, Body Type: Extended Cab Pickup T24619 Color: Summit White VIN: 1GB5YLE76RF289406
Purchase 0 Months
S Down Est S/ Monthy
0 73, 804
MSRP/ Retail 52, 253. 00
Selling Price 47, 753. 00
Total Savings + Rebate 4, 500. 0
Government Fee 41. 75
Proc/ Doc Fee 85. 00
up fit I
lights 5, 082.0
8ft Service Body 14, 907. 00
Total Taxes 5, 934. 87
Amount Financed 73, 803. 62
Customer Signature Manager Signature
Date Date
Please submit this worksheet to Management for its review. ! understand that (i) this worksheet is neither an offer nor a contract and is not binding on the customer or the dealership, (ii) no offer to purchase any vehicle is binding until accepted in writing by an authorized American Chevrolet Sales manager on a California State Motor Vehicle Purchase Contract form and ( iii) Sales Consultant can not obligate or bind the customer or the dealership. 126
gm Vehicle Locator
AMERICAN CHEVROLET
4742 MCHENRY AVE
MODESTO, CA 95356
Phone: 209- 575- 1606
Fax: 209- 41- 7825
Model Year: 2024
Make: Chevrolet
Model: 2500HD Silverado
CK20953- LWB, 4WD, Double Cab Pickup
PEG: 1WT Work Truck Preferred Equipment Group
Primary Color: GAZ- Summit White
Trim: HIT- 1WT/FL- Cloth, Jet Black, Interior Trim
Engine: L8T- Engine: 6. 6L, V- 8, SIDI
Transmission: MKM- 10- Speed Automatic
Event Code: 5000 -Delivered to Dealer
Order #: CRDKTZ
MSRP: $ 52, 253. 00
Order Type: TSC- SVC Commercial
Stock #: T24619
inventory Status: Available
Additional Vehicle information
FGM Marketing Information
i111cIs iGitas 5 :;
No Cost Options
Other Options
MT -Work Truck Preferred Equipment Group
9J4 -Bumper: Rear Delete
AKO- Glass, Deep Tinted
AZ3- Seats: Front 40120140 Split -Bench, Full
Feature
BG9- Floor Covering: Rubberized Vinyl, Black
C7G- GVW Rating 10, 500 Lbs
G80 -Auto Locking Differential, Rear
GT4- Rear Axle: 3. 73 Ratio
10R -Chevrolet Infotainment, 7" Color Screen
K34 -Cruise Control
KC4- Cooler, Engine Oil
KNP- Transmission Cooling System
L8T- Engine: 6. 6L, V- 8, SIDI
NQF- Transfer Case: w/ Rotary Dial Control,
Electronic Shift
PCV- 1WT Convenience 1 Package
PYN- Wheels: 17" Steel, Painted
SFW- Back- Up Alarm Calibration (SEO)
UBI- 2- USBs, Second Row Charge/ Data Ports
UE4- Following Distance Indicator
UHY- Automatic Emergency Braking
V46 -Bumper, Front, Chrome
VK3- Front License Plate Mounting Provisions
YK6- SEO Processing Option
ZXT- Tire, Spare: LT265/ 70 R17 Blackwall
5N5 - Rear Camera Kit for ZW9 Box Delete or
Chassis Cab ( SEO)
9L7- Upfitter /Accessory Electrical Switches
AQQ- Keyless Remote Entry
B3P- Special Vehicle Sales
C49 -Defogger, Rear Window, Electric
DBG- Mirrors, O/ S: Man. Ext & Folding, Heat,
Turn Indicator
GAZ- Summit White
HIT- 1WT/FL- Cloth, Jet Black, Interior Trim
JL1- Integrated Trailer Brake Controller
K47 -Heavy Duty Air Filter
K14- 120 Volt Electrical Receptacle, In Cab
KW7- Alternator, 170 AMP
MKM- 10- Speed Automatic
NZZSkid Plate
PRF- 3 Years of Onstar Remote Access
OXT- Tires: LT265/ 70 R17 All Terrain, Blackwall
TQ5- Headlamps, Intellibeam
UE1- OnStar Communication System
UEU- Sensor, Forward Collision Alert
UKJ- Sensor, Front Pedestrian Braking
V76 - Recovery Hooks
YF5- Califomia Emissions
ZW9- Delete: Pick -Up Box
indicates vehicle belongs to Trading Partner' sinventory 127
ITEM 4. 11
CITY MANAGER' S REPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE JULY 1ST LATHROP BIRTHDAY
CELEBRATION TEMPORARY STREET CLOSURE
ON CRESPI STREET AND LOCOMOTIVE STREET
Adopt Resolution Approving Temporary Street
Closures for the July 1st Lathrop Birthday
Celebration on July 1, 2024, on Crespi Street
and Locomotive Street
SUMMARY:
On July 1, 2024, the City of Lathrop will host the annual July 1st Birthday Celebration in honor of the incorporation of the City of Lathrop. The event will begin at 6: 00 p. m. at the Lathrop Generations Center, including Leland and Jane Stanford Park. The Parks and Recreation Department will coordinate temporary street closures, with Public Works, Community Development, Lathrop Police Department, and the Lathrop - Manteca Fire District, to ensure the safety of this event. Since the event incorporates the entirety of this location including the surface streets of Crespi Street and Locomotive Street, staff is requesting Council approval of temporary street closures to ensure the safety of the attendees.
BACKGROUND:
On July 1, 2024, the Parks and Recreation Department Staff will host the annual July 1St Birthday Celebration. The event will have vendors, a live band, games, activities, entertainment, food trucks, and culminate with an aerial fireworks display. More than 10, 000 people are anticipated to attend the event.
The Parks and Recreation Department will coordinate the temporary street closures with Public Works, Community Development, Lathrop Police Department, and the Lathrop- Manteca Fire District. By 12: 00 p. m. on the day of the event, barricades will be set into place on Crespi Street and Locomotive Street. Each barricade closure will still allow for traffic to flow through the neighborhood, while simultaneously not allow vehicular traffic into the event area. At the conclusion of the event, barricades are collected.
The Lathrop Police Department and the Lathrop -Manteca Fire District will have emergency vehicles placed strategically throughout the event allowing for quick response to calls if necessary.
To ensure the safety of the event attendees, staff is requesting temporary closures of the following streets:
128
CITY MANAGER' S REPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
JULY 1ST TEMPORARY STREET CLOSURE CRESPI STREET AND LOCOMOTIVE STREET
Crespi Street - From Spartan Way to Locomotive Street
Locomotive Street - From Jewel Street to Bacarra Street This temporary closure will take place on Monday, July 1, 2024, from approximately 12: 00 p. m. to 11: 00 p. m., for the purpose of presenting the annual July 1St Birthday Celebration.
REASON FOR RECOMMENDATION:
The adoption of this resolution will approve the temporary street closures to allow staff to facilitate the 2024 July 1St Birthday Celebration.
FISCAL IMPACT:
None.
ATTACHMENTS:
A. Resolution Approving Temporary Street Closures for the Lathrop July 1st Birthday Celebration on July 1, 2024, on Crespi Street and Locomotive Street
B. Event Route Map
129
CITY MANAGER' S REPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
JULY 1ST TEMPORARY STREET CLOSURE
APPROVALS:
LA - 1\
Todd Sebastian Date
Director of Parks, Recreation and Fleet Services
Cari James
Director of Fin. ce
Date
yl61. 219_ te
Salvador Navarrete
City Attorney
Date
Michael King Date
Assistant City Manager
i 11 • ZoZ' 1
4. 23.
Stephen J. Salvatore Date
City Manager
130
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TEMPORARY STREET CLOSURES FOR THE LATHROP JULY 1sT BIRTHDAY CELEBRATION ON JULY 1, 2024, OF CRESPI STREET AND
LOCOMOTIVE STREET
WHEREAS, On July 1, 2024, the City of Lathrop will host the annual July 1St Birthday Celebration in honor of the incorporation of the City of Lathrop; and WHEREAS, the streets recommended for temporary closure for the July 1st Birthday Celebration are:
Crespi Street — From Spartan Way to Locomotive Street
Locomotive Street - From Jewel to Bacarra Street
WHEREAS, this temporary closure will take place on Monday, July 1, 2024, from approximately 12: 00 p. m. to 11: 00 p. m. for the purpose of presenting the annual July 1st Birthday Celebration; and
WHEREAS, by 12: 00 p. m. on the day of the event, barricades will be set into place on Crespi Street and Locomotive Street. Each barricade closure will still allow for traffic to flow through the neighborhood, while simultaneously not allow vehicular traffic into the event area; and
WHEREAS, the Lathrop Police Department and the Lathrop -Manteca Fire District will have emergency vehicles placed strategically throughout the event allowing for quick response to calls if necessary; and
NOW, THEREFORE, BE IT RESOLVED that pursuant to California Vehicle Code Section 21101, subdivision ( e), the City Council of the City of Lathrop does hereby approve temporary closure of:
Crespi Street — From Spartan Way to Locomotive Street
Locomotive Street - From Jewel to Bacarra Street
on Monday, July 1, 2024, from approximately 12: 00 p. m. to 11: 00 p. m. for the purpose of presenting the annual July 1St Birthday Celebration. 131
The foregoing resolution was passed and adopted this 13th day of May 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:
Salvador Navarrete, City Attorney
132
133
ITEM 4. 12
CITY MANAGER' SREPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE OUT OF STATE TRAVEL FOR THE 2024
NATIONAL LEAGUE OF CITIES NATIONAL BLACK
CAUCUS OF LOCAL ELECTED OFFICIALS ( NBC -LEO)
SUMMER CONFERENCE
RECOMMENDATION: Adopt Resolution Authorizing Out of State Travel for the 2024 National League of Cities National Black
Caucus of Local Elected Officials Summer
Conference, in Chicago, Illinois, June 25-8, 2024,
and Approving Related Budget Amendment
SUMMARY:
The National Black Caucus of Local Elected Officials ( NBC -LEO) is one of six National League of Cities ( NLC) Constituency Groups. Constituency Groups are caucuses within the National League of Cities, these constituency groups are networks that give local elected officials a space to express themselves and advocate for the needs of their communities. These Constituency Groups reflect the diverse interests and backgrounds of NLC' s membership, and contribute to NLC' s leadership development, policy formulation, advocacy, and program activities. The Lathrop City Council has members that actively participate in various NLC Constituency Groups. Therefore, staff recommends that they participate in the upcoming NBC - LEO Summer Conference.
This year, the NLC will be hosting their NBC - LEO Summer Conference in Chicago, Illinois, June 25, 2024 through June 28, 2024. The NBC -LEO brings together African American municipal leaders to network and share best practices. This year' s conference will focus on housing, public safety and direct funding opportunities to municipalities.
Since, City policy requires Council approval for all out of state travel, staff requests approval for up to two Council Members to attend the 2024 NLC NBC - LEO Summer Conference. The Council Members attending the conference will be the existing members of the NBC - LEO Constituency Group. The cost per Council Member is approximately $ 5, 000, which includes conference registration, hotel, airfare, transportation and meals ( not provided by the conference).
There are other Council Members that belong to other NLC Constituency Groups, such as the Hispanic Elected Local Officials ( HELO) and Women in Municipal Government.
However, for 2024, these Constituency Group conferences are either in California, or have not yet been released for registration.
134
CITY MANAGER' SREPORT PAGE 2
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
NATIONAL LEAGUE OF CITIES 2024 NATIONAL BLACK CAUCUS OF LOCAL
ELECTED OFFICIALS ( NBC -LEO) SUMMER CONFERENCE
BACKGROUND:
The NLC is an organization comprised of City, Town and Village leaders focused on improving the quality of life for their current and future constituents. The NLC has over 100 years of experience in providing educational and resource programs dedicated to the development of local governments and their leaders. The NLC has members and supporters throughout 2, 700 cities across the nation. Their mission is to advocate for, and protect the interests of, cities, towns and villages by influencing federal policy, strengthening local leadership and driving innovative solutions. In order to expand educational training opportunities and take advantage of the legislative support services provided by the National League of Cities, the City of Lathrop became a member city in 2021.
The National Black Caucus of Local Elected Officials ( NBC -LEO) is one of six National League of Cities ( NLC) Constituency Groups. Constituency Groups are caucuses within the National League of Cities, these constituency groups are networks that give local elected officials a space to express themselves and advocate for the needs of their communities. These Constituency Groups reflect the diverse interests and backgrounds of NLC' s membership, and contribute to NLC' s leadership development, policy formulation, advocacy, and program activities. The Lathrop City Council has members that actively participate in various NLC Constituency Groups. Therefore, staff recommends that they participate in the upcoming NBC - LEO Summer Conference.
This year, the NLC will be hosting their NBC - LEO Summer Conference in Chicago, Illinois, June 25, 2024 through June 28, 2024. The NBC -LEO brings together African American municipal leaders to network and share best practices. Established in 1970, NBC - LEO is a space for members to share best practices, and ensure that NLC' s policies and programs benefit their communities. NBC - LEO serves as a vehicle for members to discuss problems and explore solutions, debate policy issues, and contribute to the success of American cities and towns. The group meets three times a year in person and hosts a variety of webinars and programs throughout the year.
This year' s conference will focus on housing, public safety and direct funding opportunities to municipalities.
Since, City policy requires Council approval for all out of state travel, staff requests approval for up to two Council Members to attend the 2024 NLC NBC -LEO Summer Conference. The Council Members attending the conference will be the existing members of the NBC - LEO Constituency Group. The cost per Council Member is approximately $ 5, 000, which includes conference registration, hotel, airfare, transportation and meals.
135
CITY MANAGER' SREPORT PAGE 3
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
NATIONAL LEAGUE OF CITIES 2024 NATIONAL BLACK CAUCUS OF LOCAL
ELECTED OFFICIALS ( NBC -LEO) SUMMER CONFERENCE
There are other Council Members that belong to other NLC Constituency Groups, such as the Hispanic Elected Local Officials ( HELO) and Women in Municipal Government.
However, for 2024, these Constituency Group conferences are either in California, or have not yet been released for registration.
REASON FOR RECOMMENDATION:
Attendance to these conferences, allow Council Members the opportunity to enhance their knowledge on government law and policy. Thus, furthering the interests of the Lathrop community, while promoting and implementing innovative solutions.
FISCAL IMPACT:
A budget amendment will be required from the General Fund to the City Council Training and Travel Account ( 1010-1- 10- 435- 20- 00) to cover the cost of participation in the NLC NBC - LEO Summer Conference. The cost per Council Member is approximately $ 5, 000, which includes registration, hotel, airfare, transportation and meals. This approval provides authorization for up to two Council Members.
Increase Expenditure.
1010-1- 10- 435- 20- 0
ATTACHMENTS:
10, 000
A. Resolution Approving Out of State Travel to the 2024 National League of Cities National Black Caucus of Local Elected Officials Summer Conference in Chicago, Illinois from June 25-8, 2024.
B. 2024 National League of Cities National Black Caucus of Local Elected Officials Summer Conference in Chicago, Illinois Registration Information. 136
CITY MANAGER' S REPORT PAGE 3
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
NATIONAL LEAGUE OF CITIES 2024 NATIONAL BLACK CAUCUS OF LOCAL
ELECTED OFFICIALS ( NBC -LEO) SUMMER CONFERENCE
APPROVALS:
resa Vargas
overnment Services Director &
City Clerk
Cari James
Finance Dir$ for
DatWae/ e
s/ gPaq Date
s/Y,/° ZozH
Thomas Hedegard Date
Deputy City Manager
5-6t 2/
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
S" 8 • zoZ
137
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AUTHORIZING OUT OF STATE TRAVEL FOR THE 2024 NATIONAL LEAGUE OF
CITIES NATIONAL BLACK CAUCUS OF LOCAL ELECTED OFFICIALS SUMMER CONFERENCE IN CHICAGO, ILLINOIS, JUNE 25, 2024 THROUGH JUNE 28, 2024, AND APPROVE RELATED BUDGET AMENDMENT
WHEREAS, the National League of Cities ( NLC) is an organization comprised of city, town and village leaders focused on improving the quality of life for their current and future constituents; and
WHEREAS, the NLC' s mission is to advocate for, and protect the interests of, cities, towns and villages by influencing federal policy, strengthening local leadership and driving innovative solutions; and
WHEREAS, the National Black Caucus of Local Elected Officials ( NBC - LEO) is one of six NLC Constituency Groups; and
WHEREAS, Constituency Groups are caucuses within the National League of Cities, these constituency groups are networks that give local elected officials a space to express themselves and advocate for the needs of their communities; and WHEREAS, the Lathrop City Council has members that actively participate in various NLC Constituency Groups, including the NBC -LEO. Therefore, staff recommends that they participate in the upcoming NBC -LEO Summer Conference; and
WHEREAS, the NLC will be hosting their 2024 NBC - LEO Summer Conference June 25, 2024 through June 28, 2024 in Chicago, Illinois; and WHEREAS, since City policy requires Council approval for all out of state travel, staff requests approval for up to two Council Members to attend the 2024 NLC NBC -LEO Summer Conference. The estimated cost for each Council Member is approximately $ 5, 000, which includes registration, hotel, airfare, transportation and meals ( not provided by the conference); and
WHEREAS, staff is requesting a budget amendment from the General Fund of 10, 000 to increase the City Council Training and Travel, in order to cover the expenses.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby authorizes travel for two Council Members to attend the 2024 NBC - LEO Summer Conference June 25, 2024 through June 28, 2024 in Chicago, Illinois, including the budget amendment of $ 10, 000 from the General Fund to Expense Account 1010-1- 10- 435- 20- 0 (City Council Training and Travel).
Resolution No. 24-
138
The foregoing resolution was passed and adopted this 13th day of May 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney APPROVED AS TO FORM:
Resolution No. 24-
139
Q
NLC
ATTACHMENT" \ "
Jun 25th, 2024 - Jun 28th, 2024
Chicago, IL
REGISTER NOW
Community & Economic Development Conference Housing Municipal Finance Public Safety & Justice Reform
140
This summer, the National Black Caucus of Local Elected Officials ( NBC - LEO) is excited to host its annual conference in the "city by the lake," Chicago, Illinois! Join your peers June 25-8, 2024, for four days of empowering conversations, leadership development, mobile tours, and a chance to connect with local leaders like yourself while exploring issues unique to your role as an African American municipal official.
What to Expect
This year' s
theme: From Leadership to Legacy:
Continuing to Fulfill the Promise
We look forward to you joining us for engaging panels, informative workshops, and peer discussions on various topics that local leaders around the country are addressing.
141
This year, NBC -LEO is striving to bring local leaders resources in the following areas:
Housing
0. Public Safety
Direct funding to municipalities
Stay tuned for exciting updates on speakers and session titles coming soon!
Schedule at -a -glance (subject to change)
Registration Rates
SCHEDULE AT -A -GLANCE
Rates are based on your city' s NLC membership.
Rate
Early
4/ 15-
5/ 15)
Advance
5/ 16- 6/ 21)
On -site
After
6/ 21)
NLC Member 400 500 600
Non -Member 550 650 750
Illinois State Rate Eligible for
municipal elected officials and
city staff from Illinois
375 475 575
Guest/ Spouse registration 78+
Includes Evening Social Events 150 200 250
142
Register a group of 4 and receive the fifth registration free.
All offsite activities are included in the price of registration unless otherwise noted. Reservations for Hotel Room Block end June 4th. The link to reserve your hotel stay will be included in your conference registration confirmation email. Please note there is a $ 100 cancellation fee before June 10, after which refunds are not guaranteed.
REGISTER NOW
GET IN TOUCH
143
ITEM 4. 13
CITY MANAGER' S REPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE FISCAL YEAR 2024-5 PROJECT LIST
ASSOCIATED WITH SENATE BILL 1
RECOMMENDATION: Adopt Resolution Approving a List of Projects for Fiscal Year 2024-5 Funded By Senate Bill
1, the Road Repair and Accountability Act of
2017
SUMMARY:
Senate Bill 1 ( SB 1), the Road Repair and Accountability Act of 2017, was passed by the California Legislature and signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide.
The State Controller provides funds into the Road Maintenance and Rehabilitation Account ( RMRA), which a percentage of these funds are to be apportioned to eligible cities for road maintenance, rehabilitation, and critical safety projects on local streets and road systems.
Local Streets and Roads - Projected Revenues estimate the City of Lathrop' s apportionments at $ 897, 780 for Fiscal Year ( FY) 2024-5. In order to be eligible for the funding, cities must approve an annual project list by resolution. Using the City' s existing Pavement Management System and through field inspections, staff generated the proposed project list for FY 2024-5. The SB 1 project list includes repairing, rehabilitating and maintaining existing pavement at several locations, including but not limited to:
Roth Road
McKinley Avenue
Lathrop Road
Staff is requesting that City Council approve the proposed project list for local streets and roads funding associated with SB 1, the Road Repair and Accountability Act of 2017.
BACKGROUND:
On April 28, 2017, the Governor signed SB 1, which is known as the Road Repair and Accountability Act of 2017. Beginning November 1, 2017, new funding from SB 1 will be deposited into the newly created Road Maintenance and Rehabilitation Account RMRA). A percentage of this new RMRA funding is apportioned by formula to eligible cities and counties for basic road maintenance, rehabilitation and critical safety projects on the local streets and road systems.
144
CITY MANAGER' S REPORT PAGE 2
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
APPROVE FISCAL YEAR 2024-5 PROJECT LIST ASSOCIATED WITH SB 1 SB 1 was approved with an emphasis on accountability and transparency. As a result, the program guidelines require that local agencies formally adopt a proposed project list for the RMRA funds. While a project list must be submitted in order to receive funds, the project list can be changed to adapt to local needs.
The proposed SB 1 project list for FY 2024-5 was generated using the City' s existing Pavement Management System and field observations. The project list includes repairing, rehabilitating and maintaining the existing pavement at citywide locations.
Specific project details are listed below and included in Attachment B.
Project Description
The project scope of work will implement a full -reconstruction pavement treatment to rehabilitate the project locations using the existing pavement section material as the base for the new roadway - wearing surface. This treatment produces a costeffective solution to alligator, transverse, longitudinal, and reflection pavement cracking.
Project Locations
Roth Road
McKinley Avenue
Lathrop Road
Proposed Schedule
Spring 2025:
Summer 2025:
Fall 2025:
Street Assessment / Prioritization
Bid / Award Project / Begin Construction
Complete Construction / Accept Improvements
Estimated Useful Life
Full -Depth Reclamation can extend the life of pavement surface 10 to 15 years.
REASON FOR RECOMMENDATION:
The California Transportation Commission issued annual reporting guidelines for the RMRA funding. Prior to receiving this funding, local agencies must formally adopt an annual proposed project list. Approval of this project list will allow the City to receive its allocated funding.
FISCAL IMPACT:
No fiscal impact is anticipated.
145
CITY MANAGER' S REPORT PAGE 3
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
APPROVE FISCAL YEAR 2024-5 PROJECT LIST ASSOCIATED WITH SB 1 ATTACHMENTS:
A. Resolution Approving a List of Projects for Fiscal Year 2024-5 Funded By Senate Bill 1, the Road Repair and Accountability Act of 2017 B. Project Locations Map
146
CITY MANAGER' SREPORT PAGE 4
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
APPROVE FISCAL YEAR 2024-5 PROJECT LIST ASSOCIATED WITH SB 1 APPROVALS:
AngerAbarca Date
Assistant Engineer
o' Y- /9- 2o2` f
Brad Taylor
City Engineer
Cari Jame
Director of ginance
Fort
L-{ • Ic% • z CD l9
Date
ob cZ
Date
Michael King Date
Assistant City Ma ager
Salvador Navarrete
City Attorney
Step hi J. Salvatore
City Manager
Date
445' 44 -
Date
147
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2024-5 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 ( SB 1), the Road Repair and Accountability Act of 2017, was passed by the California Legislature and signed into law by the Governor in April 2017 in order to address the significant transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that ensure the residents of the City of Lathrop are aware of the projects proposed for funding and projects that have been completed each fiscal year; and WHEREAS, the City of Lathrop must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account ( RMRA) created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project' scompletion, and the estimated useful life of the improvement; and
WHEREAS, this is the eight year in which the City of Lathrop is receiving SB 1 funding which can be utilized for essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public; and
WHEREAS, Local Streets and Roads - Projected Revenues estimate the City of Lathrop' s apportionments at $ 897, 780 for Fiscal Year ( FY) 2024-5; and WHEREAS, using the City' s existing Pavement Management System and through field inspections, staff has generated the proposed project list for FY 2024- 25; and
WHEREAS, the proposed SB 1 project list includes repairing, rehabilitating and maintaining existing pavement at several locations, including but not limited to:
Roth Road
McKinley Avenue
Lathrop Road
WHEREAS, the project may use slurry seal pavement treatment; which has a useful lifespan of approximately 10-5 years; and
WHEREAS, the City of Lathrop anticipates commencement of construction of the pavement maintenance project in the summer of 2025 and acceptance of the improvements by City Council by fall 2025.
148
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the proposed project list for local streets and roads funding associated with Senate Bill 1, the Road Repair and Accountability Act of 2017. 149
The foregoing resolution was passed and adopted this 13th day of May 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 150
ATTACHI ENT "
PROPOSED PROJECT LOCATIONS
151
ITEM 4. 14
CITY MANAGER' S REPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE SERVICE CONTRACT WITH FRANK M.
BOOTH INC. TO PROVIDE ON - CALL HVAC
SYSTEMS SERVICES
Adopt a Resolution Approving a Service
Contract With Frank M. Booth Inc. to Provide
On -Call HVAC Systems Services, Terminating
no Later Than June 30, 2025
SUMMARY:
Frank M. Booth ( FMB), has been providing both preventative maintenance and on - call heating, ventilation, and air conditioning ( HVAC) services for all City facilities for over fifteen ( 15) years. FMB is familiar with the City' s building and HVAC infrastructure and conducts quarterly maintenance on all City HVAC equipment to ensure the functionality and efficiency of the equipment in offices and common areas, including rooms that use specialized computer systems at all sites. This ensures that the critical technology infrastructure has a clean and cooling environment for optimal system operation, ultimately extending the life of the equipment.
The existing agreement for on -call services is expired and depleted in funds however on -going services and repairs are required. Staff reached out to four ( 4) other vendors in the area, but none of them are willing to submit proposals for the required services that FMB has provided to the City for years due to prevailing wage requirements. Staff is requesting City Council to approve a new service contract with FMB to provide additional on -call HVAC systems services for a sum not to exceed 60, 000 for the fiscal year 24-5. These expenses will be funded by the budget for each facility requiring services.
BACKGROUND:
For over fifteen ( 15) years, FMB has provided excellent service and when appropriate depending on the air quality requirements, especially during fire season when the air is most contaminated by smoke, FMB utilizes high- grade, special air filters to filter out more contaminants and provide cleaner air for the staff and the public inside the City' sfacilities, as well as computer room systems at all sites. This ensures that the critical technology infrastructure has a clean cooling environment for optimal system operation, ultimately extending the life of the equipment.
The on -call HVAC support services agreement allows for the City to contact the FMB when a HVAC issue is occurring and have it addressed immediately. In between the quarterly planned maintenance, the equipment may require additional services or repair to ensure functionality. When an HVAC unit malfunctions FMB, is able to troubleshoot and rectify the issue before the HVAC unit malfunction has an impact on staff and visitors.
152
CITY MANAGER' S REPORT: MAY 13, 2024 PAGE 2
APPROVE SERVICE CONTRACT WITH FRANK M. BOOTH INC. TO PROVIDE ON -
CALL HVAC SYSTEMS SERVICES
FMB is able to promptly provide the specialized filters and is the only vendor willing to ensure the functionality of the HVAC system. Staff reached out to four ( 4) other vendors in the area, but none of them are willing to submit proposals for the required services that FMB has provided to the City for years. These vendors are not willing to submit proposals to the City due to prevailing wage requirements.
To minimize equipment failures and reduce costs for on - call services, additional coil cleaning has been added to the planned maintenance scope of work. This will help decrease the need for on -call services caused by equipment malfunctioning due to dirty coils.
To ensure the functionality of City HVAC equipment and create a comfortable and healthy work environment with clean air for employees and visitors, as well as computer room systems at all sites, staff is requesting City Council to approve a service contract with an amount not to exceed of $60, 000 for the fiscal year 24-5.
REASON FOR RECOMMENDATION:
Ensuring the functionality of the City' s HVAC systems when malfunctions occur will provide a comfortable and healthy environment that supports employee productivity, enhances the experience for visitors, and ensures the sustained performance of critical technological systems, ultimately resulting in long- term cost savings and operational efficiency.
FISCAL IMPACT:
This agreement will be funded by the budget of each facility requiring services. Each facility has sufficient funds to support services to the HVAC system.
ATTACHMENTS:
A. A Resolution Approving Service Contract with Frank M. Booth Inc. to Provide On -Call HVAC Systems Services
B. Service Contract with Frank M. Booth Inc. to Provide On -Call HVAC Systems Services
153
CITY MANAGER' S REPORT: MAY 13, 2024 PAGE 3
APPROVE SERVICE CONTRACT WITH FRANK M. BOOTH INC. TO PROVIDE ON -
CALL HVAC SYSTEMS SERVICES
APPROVALS:
nandes Date
5- '(-gl. J)-- 11
Information Systems Director
Cari Ja
Finance tor
Date
6M2042, 4.
s•?• Zozy
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
FOR 5'• 8 • zozY
Stephen J. Salvatore Date
City Manager
154
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE SERVICE CONTRACT WITH FRANK M. BOOTH TO PROVIDE ON -
CALL HVAC SYSTEMS SERVICES
WHEREAS, Frank M. Booth ( FMB), has been providing both preventative maintenance and on -call heating, ventilation, and air conditioning ( HVAC) services for all City facilities for over fifteen ( 15) years; and WHEREAS, this ensures that the critical technology infrastructure has a clean and cooling environment for optimal system operation, ultimately extending the life of the equipment; and
WHEREAS, the existing agreement for on -call services is expired and depleted in funds however on -going services and repairs are required; and WHEREAS, staff reached out to several other HVAC repair vendors in the area, and no other vendors are willing to submit proposals to service the HVAC equipment due to prevailing wage requirements; and
WHEREAS, to ensure the functionality of the City HVAC equipment and create a comfortable and healthy work environment with clean air for employees and visitors, as well as computer room systems at all sites, staff is requesting City Council approve a new service contract with a sum not to exceed $ 60, 000.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve Service Contract with Frank M. Booth Inc. to provide HVAC systems on -call services for an amount not to exceed $ 60, 000. 155
The foregoing resolution was passed and adopted this 13th day of May 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 156
Attachment B
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP AND FRANK
M. BOOTH, INC. PROVIDE ON -CALL HVAC SYSTEMS SUPPORT
SERVICES
THIS SERVICE CONTRACT ( hereinafter " Contract") is made on May 13th, 2024 by and between the City of Lathrop, a municipal corporation of the State of California hereinafter " City") and Frank M. Booth, Inc. (hereinafter " Contractor"), whose Taxpayer Identification Number is 94- 1257060.
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
SCOPE OF WORK
Contractor agrees to provide on -call HVAC support services in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibit A" and incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' s satisfaction.
CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on time and materials basis not to exceed $ 60, 000 set forth in Exhibit "A" to provide on -call HVAC system services.
TIME FOR PERFORMANCE
The Contractor shall commence work within five ( 5) working days of the Notice to Proceed, and diligently prosecute the work to completion. The effective date of this contract is May 13th, 2024, and shall terminate no later than June 30, 2025.
PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.
INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City. 157
SERVICE CONTRACT
FRANK M. BOOTH, INC — PROVIDE ON -CALL HVAC SYSTEM SUPPORT SERVICES Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' s expense.
NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner.
a) If the notice is given to the City, by personal delivery thereof to the City' s Director of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s Director of
Public Works, postage prepaid and certified;
b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' sBid postage prepaid and certified; or
c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.
CONTRACTOR' SWARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. Contractor unqualifiedly warrants all work and materials to be free of defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.
158
SERVICE CONTRACT
FRANK M. BOOTH, INC — PROVIDE ON -CALL HVAC SYSTEM SUPPORT SERVICES
APPRENTICES
a) The Contractor' sattention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6and 1777. 7 of the California Labor Code.
b) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
c) Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.
HOURS OF WORK
Eight (8) hours of work in any calendar day shall constitute a legal day' s work. The
Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- fivedollars 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.
PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work.
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
a) A certified copy of the employee' s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
159
SERVICE CONTRACT
FRANK M. BOOTH, INC — PROVIDE ON -CALL HVAC SYSTEM SUPPORT SERVICES b) A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. c) A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractors and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.
The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.
Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual' sname, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.
The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty- fivedollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.
Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.
PREVAILING WAGES
a) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. ("Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable " public works" or " maintenance" project,
160
SERVICE CONTRACT
FRANK M. BOOTH, INC — PROVIDE ON -CALL HVAC SYSTEM SUPPORT SERVICES as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at
http:// www. dir. ca. gov/ dlsr/ PWD/ index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor' sprincipal place of business and at the Project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
b) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through (c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.
CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at
CONTRACTOR' Ssole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance
161
SERVICE CONTRACT
FRANK M. BOOTH, INC — PROVIDE ON -CALL HVAC SYSTEM SUPPORT SERVICES and Employer' sLiability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of selfinsurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement. b) Commercial General and Automobile Liability Insurance.
CONTRACTOR, at CONTRACTOR' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence ($ 1, 000,0), combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of
CONTRACTOR; premises owned, occupied or used by
CONTRACTOR. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
162
SERVICE CONTRACT
FRANK M. BOOTH, INC — PROVIDE ON -CALL HVAC SYSTEM SUPPORT SERVICES iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONTRACTOR to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California -admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self -Insured Retentions. CONTRACTOR shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY Manager may condition approval of an increase in deductible or self -insured retention levels upon a
requirement that CONTRACTOR procure a
bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR' Searliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
163
SERVICE CONTRACT
FRANK M. BOOTH, INC — PROVIDE ON -CALL HVAC SYSTEM SUPPORT SERVICES hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' Sbreach.
INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.
This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.
COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein. Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any
164
SERVICE CONTRACT
FRANK M. BOOTH, INC — PROVIDE ON -CALL HVAC SYSTEM SUPPORT SERVICES other agreement, statement, or promise not contained in this Contract shall be valid and binding.
INTERPRETATION
a) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract. b) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.
APPLICABLE LAW
a) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California.
b) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.
SIGNATURES
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
165
SERVICE CONTRACT
FRANK M. BOOTH, INC — PROVIDE ON -CALL HVAC SYSTEM SUPPORT SERVICES Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete Date
Recommended By: City of Lathrop
Tony Fernandes Date
Director of Information Systems
Approved By: City of Lathrop
Resolution 390 Towne Centre Drive
Lathrop, CA 95330
Contractor:
Stephen J. Salvatore Date
City Manager
Frank M. Booth, Inc.
4220 Douglas Blvd.
Granite Bay, CA 95746
Fed ID # 94- 1257060
Business License # 40098
Signature Date
Print Name and Title
166
Exhibit A
OUR PERFORMANCE BUILDS RELATIONSHIPS®
4230 Douglas Blvd
Granite Bay CA 95746
916) 878. 3808 Tele
Labor Rates:
145. 00 Regular Time ( Business hours M -F, 7: OOAM- 4: 00PM) 195. 00 Over Time ( Before or after regular business hours, including Saturday) 245. 00 (Sundays and holidays)
167
ITEM 4. 15
CITY MANAGER' SREPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE PROFESSIONAL SERVICES
AGREEMENT WITH MARK THOMAS TO
COMPLETE THE DESIGN PHASE FOR LOUISE
AVENUE AND INTERSTATE 5 INTERCHANGE,
CIP PS 06-6
Adopt Resolution Approving Professional
Services Agreement with Mark Thomas to
Complete the Design Phase for Louise Avenue
and Interstate 5 Interchange, CIP PS 06-6
SUMMARY:
The City of Lathrop ( City) is currently working with Mark Thomas & Company, Inc.
Mark Thomas) to complete the Project Approval and Environmental Document PA& ED) for Capital Improvement Project ( CIP) PS 06-6 Louise Avenue / Interstate - 5 ( I-5) Interchange ( Project). This environmental phase anticipates completion by December 2024.
After the environmental documentation is completed and approved by the Department of Transportation Caltrans ( Caltrans), the Project will move into the next phase for design and right- of- way services. Advancing the design process will accelerate the final delivery of the Project which will support recent development in River Islands, Central Lathrop Specific Plan, and commercial activity east and west of I-5.
Staff requested and received a proposal from Mark Thomas for $ 2, 789, 199 to provide design and right- of- way services for the Project. The scope of work includes the required preliminary engineering, right- of- way support, geotechnical analysis, and final design services to prepare contract construction documents. Staff reviewed the proposal and found it reasonable given the large scope of services and amount of work involved to complete the design phase.
Staff is requesting City Council approve a Professional Consulting Services Agreement with Mark Thomas in the amount of $ 2, 789, 199 to complete the design phase for the Project. Sufficient funds have been allocated in the Fiscal Year ( FY) 2023-4 approved budget for CIP PS 06-6.
BACKGROUND:
In order to accommodate recent and future development growth, the City must expedite planning, environmental, and designing phases to move into construction of the Louise Avenue and I-5 interchange.
168
CITY MANAGER' SREPORT PAGE 2
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS TO COMPLETE THE DESIGN PHASE FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE, CIP PS 06-6
On November 9, 2020, City Council approved a Professional Services Agreement with Mark Thomas to complete the PA& ED phase for the Project. The scope of work included environmental, technical, and traffic studies for the future interchange improvements. The environmental phase anticipates completion by December 2024.
After the environmental studies are completed and approved by Caltrans, the Project will move into the next phase for design services including right- of- way acquisitions.
Starting the design phase now will accelerate final delivery of preliminary engineering tasks that include geotechnical work, supplemental surveys, and structure type selection. These initial efforts will happen concurrent with finalizing the PA& ED and streamline the design phase for subsequent project construction.
Considering Mark Thomas completed the initial project phase and is now working on the current environmental phase, staff requested a proposal to prepare the next phase for design and right- of- way services to the Project. Mark Thomas provided a proposal for $ 2, 789, 199 for services that include the required preliminary engineering, right- of- way support, geotechnical analysis, and final design services to prepare contract construction documents. Staff reviewed the proposal and found it reasonable given the large scope of services and amount of work involved to complete the design phase.
Staff is requesting City Council approve a Professional Consulting Services Agreement with Mark Thomas in the amount of $ 2, 789, 199 to complete the design phase for the Project.
REASON FOR RECOMMENDATION:
Staff has reviewed the proposal from Mark Thomas to complete the design phase and found it reasonable given the large scope of services and amount of work involved to design and acquire the necessary right- of- way for construction of the Project.
FISCAL IMPACT:
Sufficient funds have been approved in the adopted FY 2023-4 budget for CIP PS 06-6 to fund the Professional Consulting Services Agreement with Mark Thomas for a total cost not to exceed $ 2, 789, 199.
169
CITY MANAGER' SREPORT PAGE 3
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS TO COMPLETE THE DESIGN PHASE FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE, CIP PS 06-6
ATTACHMENTS:
A. Resolution Approving a Professional Consulting Services Agreement with Mark Thomas to Complete the Design Phase for Louise Avenue and I-5 Interchange, CIP PS 06-6
B. Professional Consulting Services Agreement with Mark Thomas to Complete the Design Phase for Louise Avenue and I-5 Interchange, CIP PS 06-6 170
CITY MANAGER' S REPORT PAGE 4
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MARK
THOMAS TO COMPLETE THE DESIGN PHASE FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE, CIP PS 06-6
APPROVALS:
en -. 2. 1 -2oly
Ange . arca Date
Assistant Engineer
Brad A' aylor
City Engineer
FotZ
Date
A4/ 29/ uw..- 1
i ) zo- ii
Cari James Date
Finance Director
Michael King Date
Assistant City Manager
Vzy. 2. '(
yzyw LAl
Salvador Navarrete Date
City Attorney
C Focz.
Stephen J. Salvatore
City Manager
Date
s . co • 2.o2. y
171
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
MARK THOMAS TO COMPLETE THE DESIGN PHASE FOR LOUISE AVENUE AND I-5 INTERCHANGE, CIP PS 06-6
WHEREAS, the City of Lathrop ( City) is currently working with Mark Thomas Company, Inc. ( Mark Thomas) to complete the Project Approval and Environmental Document ( PA& ED) for Capital Improvement Project ( CIP) PS 06-6 Louise Avenue / Interstate - 5 ( I-5) Interchange ( Project); and WHEREAS, the environmental phase anticipates completion by December 2024; and
WHEREAS, after the environmental documentation is completed and approved by the Department of Transportation Caltrans ( Caltrans), the Project will move into the next phase for design and right- of- way services; and WHEREAS, advancing the design process will accelerate the final delivery of the Project which will support recent development in River Islands, Central Lathrop Specific Plan, and commercial activity east and west of I-5; and WHEREAS, staff requested and received a proposal from Mark Thomas for 2, 789, 199to provide design and right- of- way services to the Project; and WHEREAS, the scope of work includes the required preliminary engineering, right- of- way support, geotechnical analysis, and final design services to prepare contract construction documents; and
WHEREAS, staff reviewed the proposal and found it reasonable given the large scope of services and amount of work involved to complete the design phase; and
WHEREAS, staff is requesting City Council approve a Professional Consulting Services Agreement with Mark Thomas in the amount of $ 2, 789, 199 to complete the design phase for the Project; and
WHEREAS, sufficient funds have been allocated in the Fiscal Year ( FY) 2023- 24 approved budget for CIP PS 06-6.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a Professional Consulting Services Agreement with Mark Thomas to complete the Design Phase for Louise Avenue and I-5 Interchange, CIP PS 06-6.
172
The foregoing resolution was passed and adopted this 13th day of May 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 173
ATTACHMENT
ei "
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH MARK THOMAS
TO PROVIDE PROFESSIONAL AND TECHNICAL PLANNING SERVICES TO COMPLETE THE DESIGN PHASE FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-6
THIS AGREEMENT, dated for convenience this 13th day of May 2024, is by and between MARK THOMAS & COMPANY, 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, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Professional Engineering Consulting Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service.
CONSULTANT agrees to perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit "A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.
2) Compensation.
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 2, 789, 199 for the Professional Engineering Consulting Services set forth in Exhibit " A". CONSULTANT shall be paid any uncontested sum due and payable within thirty (30) days of receipt of billings containing all information 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' sauthorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.
174
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MARK THOMAS FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-6 3) Effective Date and Term.
The effective date of this Agreement is May 13, 2024 and it shall terminate no later than June 30, 2026.
4) Independent Contractor Status
It is 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. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City' s satisfaction. 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 a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. 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 rates or the maximum amount of compensation provided in section (2) for either task or for the entire Agreement, unless modified by a properly executed change order. 6) Advice and Status Reporting
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.
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, without requiring the City to process a reason or explanation for its request.
Authorized
The services
Representative ,
shall be performed by, or under
CONSULTANT
the direct supervision,
shall not replace
of CONSULTANT' s
its Authorized
Representative 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' Sauthorized 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.
175
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MARK THOMAS FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-6 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' Compensation. CONSULTANT shall, at CONSULTANT' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' sLiability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' sLiability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the 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 Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, 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' sgeneral supervision of CONSULTANT; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall
176
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MARK THOMAS FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-6 contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of 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) Professional Liability. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than One Million Dollars 1, 000,0) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self -insured retention shall not exceed $ 150, 00 per claim.
ii) Notice of cancellation, material change, or non -renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy. iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date
177
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MARK THOMAS FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-6 that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work.
The CITY shall have the right to exercise at the
CONSULTANT' Scost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew the coverage.
4. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.
d) 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. e) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or (c) of this section of the Agreement is 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.
f) 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;
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.
178
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MARK THOMAS FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-6 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, (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, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily 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 defend shall be governed by Section 2782 of the California Civil Code and in
proportionate
no event shall
share
the cost
of fault.
to defend
Acceptance
charged
of
to
insurance
CONSULTANT
certificates
exceed
and
CONSULTANT' s
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
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
179
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MARK THOMAS FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-6 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.
To City:
Copy to:
To Consultant:
16) Miscellaneous
City of Lathrop, City Clerk
390 Towne Centre
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
Main: (209) 941- 7430 / Fax ( 209) 941- 7449
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
180
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MARK THOMAS FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-6 directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
f) 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.
g) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement. h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
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.
I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time 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 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.
181
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MARK THOMAS FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-6 n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party. 17) 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. 18) 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.
182
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MARK THOMAS FOR LOUISE AVENUE AND INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-6 Approved as to Form: City of Lathrop
City Attorney
y4zr 2i
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Accepted By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT:
Fed ID #
Business License #
Signature Date
183
LA
MARK THOMAS
April 9, 2024
Mr. Angel Abarca
City of Lathrop Public Works Department
390 Towne Centre Drive
Lathrop, CA 95330
RE: LOUISE AVENUE/ I-5 FINAL DESIGN CONTRACT
Dear Mr. Abarca:
File:
EXHIBIT
Mark Thomas has prepared a
scope of work for the final design of the Louise Avenue/ I-5interchange project.
We are currently completing the project approval and environmental document for the locally preferred alternative of a Diverging Diamond interchange. The scope of work includes the required preliminary engineering, right of way support, geotechnical analysis, and final design services to prepare contract documents. Our proposed team includes the following:
Mark Thomas - Consultant Prime, Project Management, Civil/ Structural Design, Right of Way Engineering
Fehr & Peers - Signal, Ramp Metering, Lighting Design
Blackburn Consulting, Inc - Geotechnical Analysis/ Reporting, Hazardous Testing Monument - Appraisal and Acquisition Services.
The contract scope of work and associated cost detail are attached for the Mark Thomas Team.
Please contact me if you have any questions or if I can provide additional information.
MARK THOMAS
attliv& 40°
Aaron Silva
Project Manager
Attachments
184
U MARK
THOMAS
Mark Thomas will provide professional design services for the Interstate 5 and Louise Interchange project. In the performance of this scope of services listed below, Mark Thomas will diligently perform this scope of work and will be responsible for items of work under this contract to the fullest extent permitted by law ( including without limitation, California Civil Code sections 2782 and 2782. 8) that issues arising from the performance of these services are within our reasonable control, and that Mark Thomas' sobligation to indemnify (but not defend) are limited to the extent actually caused by Mark Thomas in the performance of this scope of work.
TASK 1. PROJECT MANAGEMENT AND COORDINATION
Task 1.. Project Management
Mark Thomas' Project Manager will plan, organize, direct and monitor project work activities and resources in accordance with contracted scope, schedule and budget. This task includes performing ongoing general project management with the City, including preparing contract paperwork, memo' s, letters and email, making phone calls and maintaining project files. This activity commences with receiving notice to proceed and continues through submittal of key project deliverables.
Task 1. 2. Project Meetings
Mark Thomas will establish a Caltrans Project Development Team ( PDT) including members of the design team, City, Caltrans, and other individuals critical to the project delivery. This task includes preparing agendas and summarizing the meeting notes, including action items. Action items will be tracked until resolved. This scope assumes a total of 20 face- to- face meetings over the anticipated 24 -month schedule.
Task 1.3. Agency Coordination
Mark Thomas will work with the City Project Manager to coordinate with outside agencies and stakeholders, prior to any meeting or communication with an outside agency or organization. This task includes non -PDT meetings with Caltrans that focus on one subject matter, rather than including the entire PDT team.
Task 1. 4. Invoicing and Monthly Status Reports
Mark Thomas will prepare monthly invoices and progress reports. The progress reports will show the status of each task, the percent complete for each task, and the remaining budget. This will help to monitor project delivery costs and status.
Task 1. 5. Quality Assurance/ Quality Control
The QA/C Manager will be responsible for internal and external quality control measures. Mark Thomas will use our QA/C manual as a guide to ensure the highest engineering quality possible. The Project Manager and/ orthe Principal - in -Charge will be responsible for resolving QA/C issues prior to each submittal. Standard forms will be used to document the QA/C process and retained in the project files. a. Implement Quality Assurance procedures and quality control measures at every stage of design and will perform quality control reviews on every submittal.
b. Prior to each major design deliverable ( 65%, 95% and 100% PS& E, Drainage and Storm Water Reports), consultant will complete and document independent technical review of the submittal.
Louise Road/ I-5Interchange PS& E Page 1 of 20
City of Lathrop
185
A MARK
x THOMAS
t;f1i < f?1f_
Monthly progress reports and invoice packages ( PDF)
Meeting agendas and minutes ( PDF)
CPM Schedule ( PDF)
TASK 2. PRELIMINARY ENGINEERING
Task 2. 1. Data Collection
Mark Thomas will collect available data information from the City, geotechnical data, and other sources. Mark Thomas will review topographic survey information and right of way retracement provided by the City. Mark Thomas to coordinate with City for additional required information needed for the project.
Task 2.. Supplemental Topographic Survey
Based on previously established project control, Mark Thomas field crews will collect topographic data to supplement the aerial mapping previously completed for the project. The supplemental topographic survey will include major grade breaks, tops & toes, edge of pavement, crown of road, curb & flow lines, sidewalk, ramps, driveways, signs & striping, surface visible utilities and exiting underground utility paint markings, manhole dips and inlet inverts. Additionally, the topographic survey will include planimetric features such as trees ( greater than 6 inches in diameter), fences, surface visible utilities and building corners where accessible. No irrigation features or street furniture such as benches, bicycle racks, parking meters or street signs will be located with this contract. All access necessary for thorough and efficient surveys will be provided by the City including encroachment permits. Six 6) 8 hour days for a 2 - person field crew have been allocated to complete this effort.
Task 2. 3. Drainage Report
Mark Thomas will prepare drainage report using the Rational Method to analyze the existing drainage facilities and drainage patterns in the area and determine the proposed facilities needed to effectively manage roadway runoff to accommodate the proposed improvements.
The existing storm drainage systems will be obtained from all relevant drainage information, including storm drain facilities, ditches, pipe location and sizes, local rainfall intensities and flows. A hydrologic analysis will be completed to develop watershed boundaries for the areas draining to this project, flows based on Caltrans standards, and preliminary drainage concepts.
A drainage report will be developed based on Caltrans guidelines. The report will include, but not be limited to, detailed discussions of the following: existing conditions, off -site hydrology and hydraulics, onsite roadway drainage, existing and post project drainage patterns, storm water quality, and other topics of significance.
Task 2. 4. Stormwater Quality Design
Mark Thomas will prepare storm water quality design for Louise project per Caltrans Central Region Guidelines.
This will include updating the Storm Water Data Report ( SWDR) prepared during the PA& ED phase and treatment areas needed for the drainage. Prepare draft and final Stormwater Report.
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Task 2. 5. Structure Type Selection
Mark Thomas will prepare a Structure Type Selection Report to assist the City in determining the best wall type for the project. The Type Selection Report will discuss geotechnical, seismic, constructability, aesthetic, utility, and drainage issues related to the walls. The report will include a General Plan, and General Plan Estimate for each wall.
The Type Selection Report will be presented to Caltrans at a virtual Type Selection Review Meeting ( if necessary).
Mark Thomas will present the project, preliminary seismic design criteria, preliminary foundation recommendations and recommended structure types to Caltrans engineers for review, comment, and approval. The Type Selection process is considered 35% design.
Task 2. 6. Foundation Report
Project Review, Coordination and Permits
Blackburn will:
Mark exploratory boring/ CPT locations for Underground Services Alert ( USA).
Obtain the following permits necessary to complete our field work:
o San Joaquin County ( County) Boring Permit. The County indicated that they will charge hourly inspection fees to observe the boring grouting operations in addition to their permit fees. o Blackburn assumes that the required Caltrans encroachment permit to complete the explorations will be obtained by and at the expense of others. Blackburn can obtain a " Rider" to the encroachment permit if necessary to complete our field work. We assume we can operate within Caltrans right- of- way for at least 7 hours for our nighttime closures.
o City of Lathrop ( City) Encroachment Permit for borings completed within City right- of- way. We assume the City will waive the permit application and inspection fees.
Retain and schedule:
o A geotechnical drilling subcontractor to complete the borings. o A Cone Penetration Testing ( CPT) subcontractor to complete the CPT soundings. o A private utility locator to clear exploration locations with respect to underground utilities in addition to the USA check.
o A traffic control subcontractor who will provide temporary traffic control services during the subsurface exploration program in accordance with Caltrans Standard Traffic Control Plans and/ or modified traffic control system approved by the Caltrans permit inspector and City encroachment inspector. o California Highway Patrol to provide the required Construction Zone Enhanced Enforcement Program COZEEP) services during nightwork operations.
Prepare a Site -Specific Health and Safety Plan ( HASP) for the subsurface exploration.
Subsurface Exploration
Blackburn will perform the following subsurface exploration plan in general accordance with the Caltrans Geotechnica1 Manual Document ( Ground Anchor Earth Retaining Systems, February 2024):
North Ground Anchor Retaining Wall:
o 1 boring to a depth of about 60 feet below existing ground surface ( bgs) and 1 CPT sounding to a depth of about 80 feet bgs or refusal. Both will be completed at the top of the bridge approach embankment along 1-5.
o 1 boring to a depth of about 60 feet bgs and 1 CPT sounding to a depth of about 35 feet bgs or refusal. Both will be completed near the base of the abutment front slopes along Louise Avenue.
South Ground Anchor Retaining Wall:
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o 1 boring to a depth of about 60 feet bgs and 1 CPT sounding to a depth of about 80 feet bgs or refusal. Both will be completed at the top of the bridge approach embankment along 1-5. o 1 boring to a depth of about 60 feet bgs and 1 CPT sounding to a depth of about 35 feet bgs or refusal. Both will be completed near the base of the abutment front slopes along Louise Avenue.
Black assumed that the borings/ CPTs will require nightwork since they involve lane closures on both 1-5 and Louise Avenue. Blackburn' sdrilling subcontractor will drill the exploratory borings using a truck -mounted drilling rig equipped for auger and mud rotary drilling. Blackburn will direct the drilling subcontractor to obtain soil samples using Standard Penetration Test ( SPT) or California Modified samplers at approximate 5 -foot intervals. Blackburn will obtain bulk soil samples from the upper 5 feet of the borings. Blackburn' sEngineer or Geologist will log the explorations using visual/ manual classification methods in general accordance with the Caltrans 2022 Logging Manual. Blackburn will deliver the samples to our West Sacramento Geotechnical Laboratory for soil testing. In addition we will collect select samples from the CPT soundings for laboratory testing. Upon completion, the borings/ CPT will be backfilled in accordance with San Joaquin County permit requirements.
Laboratory Testing
Blackburn will perform the following laboratory tests on selected soil samples obtained from the borings: moisture content, unit weight, sieve analysis, plasticity index, shear strength ( unconfined compression, triaxial compression and/ or direct shear) and soil corrosivity ( resistivity, pH, sulfates, chlorides). Blackburn will perform sieve analysis and/ or plasticity index tests on selected samples obtained from the CPT' s.
Draft and Final Foundation Report
Blackburn will perform engineering evaluation/ analysis and prepare one Foundation Report ( FR) including both the north and south ground anchor retaining walls in general accordance with the Caltrans Geotechnical Manual Document ( Foundation Reports for Earth Retaining Structures, February 2024). The FR will include:
Introduction
Project Description
Exceptions to Policies and Procedures
Geotechnical Investigation and Laboratory Testing Program Geotechnical Conditions ( geology, surface conditions, and subsurface conditions) Groundwater
As - Built Foundation Data
Corrosion Evaluation
Seismic Information
o Ground motion hazard ( includes estimating site shear wave velocity, using the Caltrans ARS online tool to develop the design seismic acceleration response spectrum ( ARS curve), and providing the soil profile classification per Caltrans Seismic Design Criteria ( Version 2. 0). If a dynamic site - specific ground motion hazard analysis is warranted based on the subsurface conditions, Blackburn will provide an additional scope and fee to complete it.
o Other seismic hazards ( surface fault rupture potential, liquefaction/ lateral spreading potential, seismic slope stability).
o Blackburn' sscope does not include providing liquefaction or lateral spreading mitigation recommendations. If mitigation of these hazards is warranted, Blackburn can provide an additional scope and fee to provide mitigation recommendations.
Geotechnical Recommendations
o Considerations and/ or constraints that influenced retaining wall type selection.
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o Description of the proposed retaining walls and external loads. o Geotechnical recommendations and geotechnical design parameters for the anchored walls consistent with Caltrans Geotechnical Manual Document ( Ground Anchor Earth Retaining Systems, February 2024) for use by Mark Thomas in designing the retaining walls.
Notes for Specifications
o Geotechnical recommendations for use by the specification preparer for inclusion and/ or editing of the standard special provisions for the project.
Notes for Construction
o Site specific geotechnical/ geologic construction considerations. o Recommended construction observations to be performed by geotechnical engineer of record.
Risk management and limitations.
Report copy list.
Appendices ( vicinity map, geologic map, fault map, log of test borings, laboratory test results, ARS curve, and pertinent engineering calculations/ software output files).
Blackburn will submit the Draft FR for design team and agency review, review and respond to comments, and submit the Final FR after receipt of comments.
Task 2. 7. Geotechnical Design Report
Blackburn will prepare a Draft and Final Geotechnical Design Report ( GDR) for use in design and construction of the proposed roadway, standard plan retaining wall, and overhead sign improvements.
Project Review, Coordination, and Permits
Blackburn will:
Review the Project with the project design team.
Mark exploratory boring locations for Underground Services Alert ( USA).
Obtain the following permits necessary to complete our field work:
o San Joaquin County ( County) Boring Permit. The County indicated that they will charge hourly inspection fees to observe the boring grouting operations in addition to their permit fees. o Blackburn assumes that the required Caltrans encroachment permit to complete the explorations will be obtained by and at the expense of others. Blackburn can obtain a " Rider" to the encroachment permit if necessary to complete our field work. We assume we can operate within Caltrans right- of- way for at least 7 hours for our daytime closures.
o City of Lathrop ( City) Encroachment Permit for borings completed within City right- of- way. We assume the City will waive the permit application and inspection fees. o Blackburn will assist Mark Thomas in obtaining Rights of Entry ( ROE) agreements if necessary to complete the explorations by providing a drilling work plan and access route information.
Retain and schedule:
o A drilling subcontractor to complete the borings.
o A private utility locator to clear boring locations with respect to underground utilities in addition to the USA check.
o A traffic control subcontractor who will provide temporary traffic control services during the subsurface exploration program ( where necessary) in accordance with Caltrans Standard Traffic Control Plans and/ or modified traffic control system approved by the Caltrans permit inspector and City Encroachment inspector.
Prepare a Site -Specific Health and Safety Plan ( HASP) for the subsurface exploration.
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Subsurface Exploration
Blackburn will perform the following subsurface exploration plan in general accordance with the current Caltrans Geotechnical Manual to provide geotechnical data for preparation of the Geotechnical Design Report:
Overhead Signs: 8 borings to a depth of about 30 feet below existing grade ( bgs) in existing 1- 5 shoulder, Louise Avenue shoulder, private parcel, and Manthey Road at/ near the proposed overhead sign locations.
Standard Plan Retaining Wall (" A2" Line, 1- 5 southbound on -ramp): 4 borings to a depth of about 20- 30 feet below existing grade ( bgs) in existing on -ramp shoulder and the private parking lot west of the on -ramp at/ near the proposed wall alignment.
Drainage Basin Improvements ( between existing on- and off -ramps and 1- 5 mainline): 4 borings to a depth of about 10 feet below existing grade ( bgs) in the existing unpaved basin areas ( 1 boring in each of the existing basins).
Blackburn will direct the drilling subcontractor to obtain soil samples using Standard Penetration Test ( SPT) or California Modified samplers at approximate 5 -foot intervals. Blackburn will obtain bulk soil samples from the upper 5 feet of the borings. Blackburn' sEngineer or Geologist will log the explorations using visual/ manual classification methods in general accordance with the Caltrans 2022 Logging Manual. Blackburn will deliver the samples to our West Sacramento Geotechnical Laboratory for soil testing. Upon completion, the borings will be backfilled in accordance with San Joaquin County permit requirements.
Laboratory Testing
Blackburn will perform the following laboratory tests on selected soil samples obtained from the borings: moisture content, unit weight, sieve analysis, plasticity index, shear strength ( unconfined compression, triaxial compression and/ or direct shear), R -value and soil corrosivity ( resistivity, pH, sulfates, chlorides).
Basin Infiltration Testing
Following completion of the basin borings, Blackburn will perform one field infiltration test 5- 10 feet away from each basin boring in general accordance with California Test Method 750 ( 1986). Blackburn' s drilling subcontractor will drill the infiltration test holes and install the required perforated pipe/ea gravel backfill to Infiltration test depths of 2-3 feet below existing grade as determined by Blackburn depending on the subsurface conditions encountered in the basin borings.
Draft and Final Geotechnical Design Report
Blackburn will perform engineering analysis ( with computer software where applicable) using the field and laboratory data and prepare a Draft Geotechnical Design Report (GDR) for the project in general accordance with the Caltrans Geotechnical Manual ( Geotechnical Design Reports, February 2021). The Draft GDR will include:
Introduction: Project description and policy exceptions ( if necessary).
Geotechnical Investigation: Geologic mapping, subsurface exploration, and laboratory testing.
Geotechnical Conditions: Geology ( including aerial photo review, soil types, geologic units, geologic hazards, existing embankment slope stability observations, expansive materials, collapsible soil); surface conditions; subsurface soil and groundwater conditions; project site seismicity including site seismic parameters, ground motion parameters, fault rupture, liquefaction, and lateral spreading potential.
Geotechnical Analysis and Design: Project design information, soil engineering properties, basin infiltration rates, retaining wall design and overhead sign design as necessary.
Geotechnical Recommendations: Embankments, overhead signs ( eight total), Caltrans standard plan retaining wall (" A2" line, I-5 southbound onramp) and general slope erosion control measures. Blackburn' s Louise Road/ I-5Interchange PS& E Page 6 of 20
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scope does not include providing liquefaction or lateral spreading mitigation recommendations for the overhead sign foundations or standard plan retaining wall. If mitigation of these hazards is warranted ( i.e. standard plans cannot be used for design of these structure foundations due to these hazards), Blackburn can provide an additional scope and fee to provide mitigation recommendations.
Notes for Specifications.
Notes for Construction ( advisories, construction considerations that influence design, and differing site conditions)
Appendices ( vicinity map, geologic map, boring location plan, boring logs, laboratory test results and summary table, photos, and pertinent calculations/ analyses) Blackburn will submit a Draft GDR for design team and agency review, review and respond to comments, and submit a Final GDR that addresses the comments ( as necessary).
Task 2. 8. Materials Report
Caltrans recently updated their pavement design methodology from their previous empirical method to a mechanistic -empirical method as referenced in the current Caltrans Highway Design Manual. Blackburn assumes that Caltrans will provide pavement design recommendations for the project, including pavement rehabilitation recommendations ( as necessary), using their proprietary CaIMe software that is not currently available for use by private consultants.
Blackburn will evaluate the data obtained for the GDR and previously obtained for the Preliminary Materials Report prepared for the project PA& ED phase. Blackburn will prepare and submit a Draft Materials Report ( MR) that includes laboratory sieve analysis and plasticity index test data for pavement design by Caltrans, and conclusions and recommendations regarding soil corrosivity for new culverts/ culvert extensions following current Caltrans guidelines.
Blackburn will submit a Draft MR for design team and agency review, review and respond to comments, and submit a Final MR that incorporates the comments as necessary.
Task 2. 9. Phase 2 ESA/ Hazardous Materials Report
Phase II Environmental Site Assessment
Blackburn prepared a Phase I Initial Site Assessment (ISA) report for the Project ( 2021) that identified sites with hazardous materials issues within the Project limits. This Phase II addresses hazardous materials conditions at the acquisition parcels developed as service stations with identified fuel releases ( APN 196- 270- 1and APN 198- 210- 17).
The two other acquisition parcels ( APN 191- 760- 21and APN 192- 040- 46) do not have RECs identified and do not require Phase II assessment.
The Phase II will evaluate the presence of heavy metals, total petroleum hydrocarbons ( TPHs), benzene, toluene, ethylbenzene, and xylene ( BTEX), and volatile organic compounds ( VOCs) within the acquisition area. Should the Phase II screening indicate the presence of soil and/ or groundwater contamination, additional assessment may be warranted to investigate the depth and lateral extent of contamination within the Project boundaries.
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APN 198- 210- 17 (High Risk)
16500 Louise Avenue/ 16500 S Harlan Road
Shell Station, Former: BP, TOSCO Northwest, Phillips 66 BP operated a service station from at least 1983. Groundwater and soil were impacted by petroleum hydrocarbons. Site remediation by ozone injection and soil vapor extraction occurred between 2002 and 2012. No Further Action closure in 2014. Currently developed with two 12, 000 -gallon underground storage tanks ( USTs).
APN 196- 270- 1 (High Risk)
16349 S Harlan Rd./ 85 E Louise Avenue
Arco Station, AM/ PM Mini Market, Former BP
BP operated a service station from at least 1985. In 1985 a TPH release was identified. Soil remediation occurred in 1998. Groundwater monitoring indicated impacts of TPH, BTEX and MtBE. No Further Action closure in 2007. Currently developed with an aboveground diesel storage tank of unknown quantity.
Non -Acquisition Adjacent Sites ( Optional Phase 11)
For these sites, no acquisition is required, however subsurface work adjacent to these sites may encounter residual contaminants. The sites are identified as High Risk and may have hazardous materials conditions that extend into the right- of- way (ROW). A Phase II environmental screening of the subsurface soils should be completed within the Project limits adjacent to these parcels. At a minimum, the Phase II screening should investigate the area and maximum depth where construction is anticipated to disturb the subsurface soil.
APN 196- 270-3 (High Risk)
161/ 201/21/ 229/45 E Louise Avenue
Louise Plaza, Hilton Lathrop, Former: Lathrop Cleaners, Plaza Cleaners, Texaco Gas Station This site is identified as a historic service station and dry- cleaning service. The site is identified with three petroleum USTs.
APNs 196- 200- 79/ 80/1
15600 S Harlan Road/ 16588 Harlan Road/ 15600/5688 Harlan Rd Joe' sTravel Plaza and Holiday Inn, Former: Joes Texaco, Joes Place Truck Stop, Tokyo Joes Contamination of soil and groundwater was identified during removal of USTs in 1998. Site remediation was not cost effective and contaminant concentrations reportedly declined through natural attenuation. No Further Action Closure in 2010. Currently 4, 000 -gallon, 8, 000 -gallon, and 12, 000 -gallon USTs are located on site.
Blackburn will conduct a Phase II in general accordance with ASTM E1903- 19 Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process.
Blackburn will:
Review project plans with the ROW acquisition team.
Prepare a limited health and safety plan for site investigation.
Visit the site to mark boring locations for Underground Services Alert ( USA) notification.
Retain a drilling subcontractor to advance soil borings using direct -push method.
Retain a traffic control subcontractor to provide traffic control services.
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Obtain a City of Lathrop (City) Encroachment permit. We assume the City will waive permit fees and we can operate under Standard Caltrans Plans or Manual on Uniform Traffic Control Devices ( MUTCD) Typical Applications.
Obtain a San Joaquin County Boring Permit.
Retain a private utility locator to clear borings located outside of City right- of- way.
Subsurface Investigation
Blackburn' sengineer or geologist will:
Direct the drilling subcontractor to core through the existing concrete/ asphalt at 2 locations on each acquisition parcel ( APN 196- 270- 1and APN 198- 210- 17).
Direct the drilling subcontractor to core through the existing concrete/ asphalt at 2 locations within the project area adjacent to APN 196- 270-3 APN 196- 200- 79/ 80/1.
Direct the drilling subcontractor to advance each ( 8) boring to 25 feet below ground surface ( bgs), or until refusal or groundwater is encountered.
Collect soil samples at 5 depth intervals below the paved surface:
1-. 5 feet (directly below pavement section), 5 feet, 10 feet, 15 feet, 20 feet and 25 feet bgs.
Collect one groundwater grab sample per boring ( if groundwater is encountered).
Label containers with the sample time, date, location, depth, and sampler' sinitials.
Clean sampling equipment with an Alconox wash solution and a distilled water rinse between each boring location.
Pack samples in a cooled ice chest and prepare continuous chain - of -custody ( COC) documentation.
Ship the samples to an accredited analytical laboratory.
Discharge wash and rinse water to the ground surface.
Backfill borings in accordance with San Joaquin County Boring Permit requirements and patch pavement with neat cement ( dyed black where necessary to match existing asphalt).
Record photoionization detector ( PID) readings during drilling and sampling operations to measure volatile chemical concentrations.
Coordinate soil cuttings disposal through a licensed waste hauler.
Laboratory Testing
The analytical lab will test up to 16 soil samples ( 4 soil samples will be selected for testing per boring based on PID readings) and 8 water samples for:
RCRA 8 Metals by EPA method 6010B.
TPH gasoline/ diesel/ motor oil by EPA method 8015B.
VOCs, including BTEX by EPA method 8260B.
Laboratory quality assurance will consist of method blanks and spiked samples.
Report
Blackburn will prepare a final Phase II report that contains:
Scope of services.
Site description.
Subsurface conditions.
Analytical laboratory test results.
Conclusions and recommendations.
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Limitations and risk mitigation.
Vicinity map.
Site plan showing approximate boring locations.
Aerial Deposited Lead Update Report
Blackburn prepared an October 24, 2007 Draft Aerially Deposited Lead ( ADL) Investigation for the previously proposed interchange improvements and understands that Caltrans has reviewed the report and does not require additional ADL sampling/ testing for this project. However, this report needs to be updated in relation to the Department of Toxic Substances Control ( DTSC) - Caltrans Soil Management Agreement for Aerially Deposited Lead Contaminated Soil, June 2016 ( DTSC/ Caltrans ADL Agreement).
Blackburn will review all components of our October 2007 Draft ADL Investigation report prepared for the Project including:
Soil Sampling Procedure
Analytical Test Results
Statistical Analysis of Test Results
Conclusions and Recommendations
Vicinity Map and Site Map with Sampling Locations
Blackburn will perform a statistical analysis of the 2007 results using US EPA ProUCL software and evaluate the results in relation to the DTSC/ Caltrans ADL Agreement. Blackburn will prepare and submit an ADL Update Report containing updated conclusions and recommendations consistent with the DTSC/ Caltrans ADL Agreement.
Traffic Striping Memo
Yellow and white traffic stripes can contain heavy metals such as lead and chromium at concentrations exceeding the hazardous waste thresholds established by the California Code of Regulations ( CCR). Blackburn will complete a Traffic Striping Assessment and prepare a Traffic Striping Memo summarizing the test results, findings, conclusions, and recommendations.
Blackburn will retain a Certified Lead Inspector subcontractor to sample the yellow and white traffic striping along the project alignment in compliance with Cal/ OSHA Title 8 Section 1532. "Lead in Construction" requirements. Our subcontractor will sample locations where traffic control is limited to shoulder work. The Traffic Striping assessment will include up to 6 bulk samples analyzed for CAM17 Metals by EPA Method 6010B.
Task 2. 10. Utility Coordination
Mark Thomas will prepare conflict mapping based to highlight potential conflicts and coordinate impacts with affected utility companies. Mark Thomas will make recommendations for potholing locations ( if applicable). Mark Thomas will request a claim of liability letter from utility owners with facilities within the project limits requiring relocation.
Updated basemap file with supplemental topographic survey (AutoCAD 2022 or newer) Draft/ Final Drainage Report (PDF)
Draft/ Final Storm Water Data Report ( PDF)
Draft/ Final Type Selection Report ( PDF)
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Draft/ Final Foundation Report ( PDF)
Draft/ Final Geotechnical Report ( PDF)
Draft/ Final Materials Report ( PDF)
Draft/ Final Phase II ESA Report ( PDF)
ADL Update Report ( PDF)
Draft/ Final Traffic Striping Memorandum ( PDF)
Utility Conflict Mapping, Liability Claim Letters, and Record of Investigation TASK 3. RIGHT OF WAY AND PERMITTING
Task 3. 1. Record Research
Mark Thomas will perform record research at San Joaquin County to locate recorded control maps, right- of- way maps, records of survey, corner records, and coordinate with Caltrans to obtain Caltrans record maps and other official maps of record necessary to determine right of way and property lines. Mark Thomas will obtain up to four 4) preliminary title reports ( PTR) for the following parcels identified by assessor parcel numbers ( APN): 191- 760- 21, 192- 040- 46, 196- 270- 1, 198- 210- 17. Costs to obtain PTR' s are included in ODCs.
Task 3. 2. Right of Way Retracement
Based on previously established project control, Mark Thomas will locate monuments of record and physical evidence and use record maps and deeds to retrace the existing right of way of Interstate 5 at Louise Avenue in the city of Lathrop which will be the project Land -Net. Mark Thomas will review the PTR' s and any encumbrances and easements discovered in the PTRs will be plotted. Side lot lines of adjacent parcels will only be retraced where necessary to successfully transfer right of way needs for the project.
Mark Thomas assumes centerline monuments or reference marks thereto shown on various maps will be available to retrace right of way without convoluted surveys outside the project limits. It is assumed all access within state and city right of way (including encroachment permits if needed) will be granted/ provided to Mark Thomas surveyors and field staff.
Task 3.. Right of Way Appraisal Maps
Mark Thomas will draft appraisal maps adhering to standards outlined in Section 4-5 of the Caltrans Plans Preparation Manual. The Appraisal map will show existing and proposed right of way, access control ( proposed & superseded), property lines, centerlines, easements, previously collected topographic data, name of current owner, current assessor parcel numbers, acreage ( or square feet) of acquisition/ transfer, and parcel numbers assigned by Caltrans. It is assumed up to three ( 3) sheets will be drafted to complete this task.
Task 3. 4. Legal Descriptions and Plats
Mark Thomas will draft up to ten ( 10) legal descriptions accompanied by 8. 5" x11" plats for acquisition and temporary construction easements ( TCE). The following parcels identified by assessor parcel numbers will require legal descriptions:
1. APN 191- 760- 21 (Acquisition & TCE)
2. APN 192- 040- 46 (Acquisition & TCE)
3. APN 196- 270- 1 (Acquisition & TCE)
4. APN 198- 210- 17 (Acquisition & TCE)
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Legal descriptions and plats will also be drafted for state acquisition along Lousie Ave and River Islands Parkway for:
1. along River Islands Parkway west of 1-5 (Fee to state)
2. along Louise Ave. for access control east of 1-5 (Fee to state) Legal descriptions will undergo one set of technical reviews by the City for City acquired parcels and by Caltrans for access control extension and fee acquisition ultimately identified to transfer to the state. Upon completion of review, a Mark Thomas licensed land surveyor will sign and stamp final descriptions and plats.
Task 3. 5. Pre -Construction Record of Survey
Prior to construction activities and roadway improvements Mark Thomas will draft a pre -construction record of survey to perpetuate found monuments and show existing right of way, and access control. Boundary & Right of Way retracement will be shown based on the previously completed Land - Net. Easements discovered in title reports from the Right of Way Retracement task will be delineated and shown on the record of survey. Record of Survey will consist of up to three ( 3) pages and will undergo technical review with Caltrans before being submitted for County review. County review fees have been included in ODCs.
Task 3. 6. Acquisition/ Negotiating Services
Monument' sProject Manager and key staff will be responsible for the technical and administrative functions required to provide right- of- way services on the Project. The management team will plan, organize, supervise, coordinate, and administer the various elements of the right- of- way scope of work.
Monument will meet with relevant parties regarding proposed Project to identify acquisition issues, and/ or to discuss project status, procedural issues, budget, and schedules.
Prepare and implement an Acquisition Management Plan to ensure the Project is in compliance with all applicable laws, regulations, and procedures.
Participate in in - person Project coordination meetings with the City and design team to communicate project updates, coordinate right- of- way issues and make recommendations to the City on policy development, risk mitigation and general project consultation.
Prepare and deliver written progress status reports for acquisition cases.
Participate in project related meetings, make public presentations to individuals and organizations and represent the City in presentations and public hearing on all matters pertaining to the acquisition process.
Update each parcel file checklist ( QA/C Manager, will conduct weekly reviews of the project reporting to ensure compliance with the City and regulatory compliance).
Finalize work product, provided services and prepare and deliver presentations to City staff and key stakeholders, as appropriate.
Assist the City with any file audits.
Fee Appraisal
The appraisal will be prepared by individuals licensed with the State of California, Office of Real Estate Appraisers, as a Certified General Real Estate Appraiser. Our appraisers both retain the requisite qualifications and experience necessary to competently complete appraisals in a competent and professional manner, in accordance to applicable laws and policies.
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Prepare the Notice of Decision to Appraiser letter for each property, advising the property owner of the proposed project, introducing the appraiser, enclosing an Acquisition Brochure describing the City' s acquisition process, and contract information to answer questions and concerns.
The appraisal report will comply with laws that are applicable to the specific appraisal assignment and the Uniform Standards of Professional Appraisal Practice ( USPAP).
Afford the property owner or the owner' sdesignated representative the opportunity to accompany the appraiser on the inspection of the property.
Perform an inspection of the subject property. The inspection should be appropriate for the appraisal problem, and the Scope of Work should address:
o The extent of the inspection and description of the neighborhood and proposed project area, o The extent of the subject property inspection, including interior and exterior areas, o The level of detail of the description of the physical characteristics of the property being appraised and, in the case of a partial acquisition, the remaining property).
In the appraisal report, identify the highest and best use. If highest and best use is in question or different from the existing use, provide an appropriate analysis identifying the market -based highest and best use.
Present and analyze relevant market information.
In developing and reporting the appraisal, disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project.
Report the appraiser' sanalysis, opinions, and conclusions in the appraisal report.
Appraisal Review
Review appraisals will be provided for each appraisal, and in accordance with State and Federal law and City policy as required. The review appraiser will, as appropriate:
Identify the reviewer' sclient and intended users, the intended use of the reviewer' sopinions and conclusions, and the purpose of the assignment.
Identify the following:
o Subject of the appraisal review assignment.
o Effective date of the review.
o Property and ownership interest appraised ( if any) in the work under review. o Date of the work under review and the effective date of the opinion or conclusion in the work under review.
o Appraiser( s) who completed the work under review, unless the identity was withheld.
Identify the scope of work to be performed.
Develop an opinion as to the completeness of the material under review, given the scope of work applicable in the assignment.
Develop an opinion as to the apparent adequacy and relevance of the data and the propriety of any adjustments to the data, given the scope of work applicable in the assignment.
Develop an opinion as to the appropriateness of the appraisal methods and techniques used, given the scope of work applicable in the assignment, and develop the reasons for any disagreement.
Develop an opinion as to whether the analyses, opinions, and conclusions are appropriate and reasonable, given the scope of work applicable in the assignment, and develop the reasons for any disagreement.
Review appraisals will be forwarded to the City for establishment of just compensation prior to the preparation of offers to acquire the proposed land rights for the project.
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Task 3. 7. Right of Way Certification
Hazardous Materials Disclosure Document
Based on the site investigations prepared in Task 2, the Mark Thomas Team will prepare the Hazardous Materials Disclosure Document ( HMDD) for attachment to the right of way certification.
Right of Way Certification Support
Mark Thomas will prepare the Right of Way certification for signature by the City of Lathrop. Completing the Right of Way certification includes the following tasks:
On -going consultation and meetings.
Coordinate with Caltrans and City of Lathrop team and legal counsel, as needed.
Coordinate with Project team members for preparation of the Right of Way Certification.
Coordinate processing of the approval of the Right of Way Certification with Caltrans.
Task 3. 8. Final Utility Coordination
Mark Thomas will work with the City and Caltrans to finalize all utility agreements and certifications. This will include preparing Notice to Owners and Utility Agreements ( if necessary) to satisfy Caltrans requirements. Once completed, Utility Certification packages will be sent to the City and Caltrans for approval and included in the Right of Way Certification package.
Caltrans right of way appraisal map.
Ten ( 10) Legal descriptions accompanied by 8. 5" x11" plats for Fee & TCE acquisition One ( 1) filed Pre -Construction Record of Survey
Property Appraisals ( up to 4 total)
Appraisal Reviews ( up to 4 total)
Negotiating Services with Claim Support for up to 3 personal property relocations Draft/ Final Right of Way Certification ( MS Word and PDF) Draft/ Final Utility Certification ( MS Word and PDF)
Utility Notice to Owners ( PDF)
TASK 4. PLAN, SPECIFICATIONS, AND ESTIMATE ( PS& E)
Task 4. 1. 65% Roadway Plans
The Mark Thomas team will build upon the GAD that was prepared during PA& ED. Plans will be prepared per the Caltrans Plans Preparation manual.
It is anticipated that the following sheets will be prepared:
Description Estimated Sheet Count
Title Sheet 1
Typical Cross Sections 6
Key Map and Line Index 1
Project Control Diagram 1
Layouts 10
Profiles & Supers 4
Louise Road/ I-5Interchange PS& E
City of Lathrop