June 10, 2024 – Regular Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
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June 10, 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 June 10, 2024 Lathrop City Council Regular Meeting Agenda Page 1
IMPORTANT NOTICE REGARDING THIS MEETING
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1614212372?pwd=N1FzbjBmOGs3bk 40QTFlakxGdEZaQT09
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: 161 421 2372 / Passcode: 215983
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 June 10, 2024 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak.
Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.
Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 June 10, 2024 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, JUNE 10, 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 6:30 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 LEGAL COUNSEL Anticipated LitigationSignificant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2):
1 Potential Case
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 PROCLAMATION DECLARING JUNE 19, 2024, AS CELEBRATION OF
JUNETEENTH NATIONAL FREEDOM HOLIDAY
2.2 PROCLAMATION DECLARING JUNE 2024 AS PRIDE MONTH
4 June 10, 2024 Lathrop City Council Regular Meeting Agenda Page 4
2.3 INTRODUCTION OF NEW EMPLOYEES
Parks and Recreation Department
Austin Mariana, Senior Recreation Leader
Public Works Department
Juvenal De La Torre, Maintenance Worker II
2.4 RECEIVE PROJECT HIGHLIGHTS REGARDING THE SURFACE WATER DISCHARGE PROJECT, CIP WW 20-17
3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC
COMMENTS MUST BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular City Council Meeting of April 8, 2024
4.3 RENAME THE MAYOR’S ART SHOW AND SALE TO THE JOYCE GATTO ART SHOW
5 June 10, 2024 Lathrop City Council Regular Meeting Agenda Page 5 Adopt Resolution to Rename the Mayor’s Art Show and Sale to the Joyce Gatto Art Show
4.4 GANN APPROPRIATION LIMIT FOR FISCAL YEAR 2024-25
Adopt Resolution Determining the Total Annual Appropriations Subject to Limitation, for Fiscal Year 2024-25
4.5 GRADE STEP SCHEDULE FOR FISCAL YEAR 2024-25
Adopt Resolution Approving the City of Lathrop Salary Schedule as of July 1, 2024, in Accordance with California Code of Regulations, Title 2, Section 570.5
4.6 GENERAL MUNICIPAL ELECTION - NOVEMBER 5, 2024
Council to Consider the Following:
1. Adopt Resolution Calling for the Holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities;
2. Adopt Resolution Requesting the San Joaquin County Board of Supervisors to Consolidate a General Municipal Election to be Held on November 5, 2024, with the Statewide General Election to be Held on the Same Date Pursuant To § 10403 Of The Elections Code; and
3. Adopt Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, November 5, 2024
4.7 AWARD AGREEMENT TO THE MANTECA BULLETIN FOR PUBLICATION OF
LEGAL ADVERTISEMENTS
Adopt Resolution Awarding Agreement to the Manteca Bulletin for Publication of Legal Advertisements for the Period of July 1, 2024 through June 30, 2025
4.8 AWARD CONSTRUCTION CONTRACT TO LAWRENCE BACKHOE SERVICE, INC. FOR CONSTRUCTION OF CIP GG 22-03, CITYWIDE FIBER OPTIC
IMPROVEMENTS
Adopt Resolution Awarding a Construction Contract to Lawrence Backhoe Service Inc. for Construction of CIP GG 22-03, Citywide Fiber Optic Improvements
4.9 RATIFY PURCHASE OF DATA CENTER INFRASTRUCTURE AND
FIREWALLS, RATIFY SERVICE CONTRACT WITH SOLID NETWORKS
INC., AND APPROVE BUDGET AMENDMENT FOR THE POLICE
DEPARTMENT EVIDENCE BUILDING SERVERS, CIP GG 21-13
6 June 10, 2024 Lathrop City Council Regular Meeting Agenda Page 6 Adopt Resolution Ratifying Purchase of Data Center Infrastructure and Firewalls, Ratify Service Contract with Solid Networks Inc., and Approve Related Budget Amendment for the Lathrop Police Department Evidence Building Servers, CIP GG 21-13
4.10 APPROVE LICENSE AGREEMENT WITH SAN JOAQUIN COUNTY
ALLOWING THE INSTALLATION OF A PERMANENT ELECTION BALLOT
BOX IN THE CITY HALL PARKING LOT
Adopt Resolution Authorizing the City Manager to Execute License Agreement with San Joaquin County Registrar of Voters for the Installation of a Permanent Vote-By-Mail Ballot Box in the City Hall Parking Lot
4.11 APPROVE OUT OF STATE TRAVEL FOR THE 2024 WOMEN IN MUNICIPAL
GOVERNMENT (WIMG) SUMMER CONFERENCE
Adopt Resolution Authorizing Out of State Travel for the 2024 National League of Cities Women in Municipal Government Summer Conference in Hollywood, Florida, July 17-19, 2024, and Approving Related Budget Amendment
4.12 APPROVE RESOLUTION WAIVING COMMERCIAL LIABILITY INSURANCE
REQUIREMENTS FOR CITY-CONTRACTED ENTERTAINERS AT CITY
SPONSORED EVENTS
Adopt Resolution to Waive Commercial Liability Insurance Requirements for City-Contracted Entertainers at City Sponsored Events
4.13 APPROVE VARIOUS ANNUAL INDUSTRIAL SOLID WASTE LICENSE RENEWALS FOR FISCAL YEAR (FY) 2024-25
Council to Consider the Following:
1. Adopt Resolution Approving Annual Industrial Solid Waste License for California Materials, Inc., for FY 2024-25
2. Adopt Resolution Approving Annual Industrial Solid Waste License for Cal-Waste Recovery Systems for FY 2024-25
3. Adopt Resolution Approving Annual Industrial Solid Waste License for Central Pacific Holdings, Inc., for FY 2024-25
4. Adopt Resolution Approving Annual Industrial Solid Waste License for Republic Services for FY 2024-25
5. Adopt Resolution Approving Annual Industrial Solid Waste License for Ground Force Enterprises for FY 2024-25
6. Adopt Resolution Approving Annual Industrial Solid Waste License for Ra Ra Trucking, Inc., for FY 2024-25
7. Adopt Resolution Approving Annual Industrial Solid Waste License for Stockton Scavengers for FY 2024-25
8. Adopt Resolution Approving Annual Industrial Solid Waste License for Tesla, Inc., for FY 2024-25
9. Adopt Resolution Approving Annual Industrial Solid Waste License for Tony and Sons Trucking, Inc., for FY 2024-25
7 June 10, 2024 Lathrop City Council Regular Meeting Agenda Page 7
4.14 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT 3225 WITHIN THE MOSSDALE LANDING AREA Adopt Resolution Approving Final Map for Tract 3225 within the Mossdale Landing Area, Totaling 66 Single Family Lots and Subdivision Improvement Agreement with K. Hovnonian Homes Northern California, Inc.
4.15 APPROVE PROFESSIONAL MAINTENANCE SERVICES AGREEMENT FOR POTABLE WATER TANKS 5A AND 6 WITH UTILITY SERVICE CO. INC.
Adopt Resolution Approving a Professional Maintenance Service Agreement with Utility Services Co. Inc. for Potable Water Tanks for Tanks 5A and 6 and Approve Budget Amendment
4.16 APPROVE CONTRACT EXTENSION WITH DAVID SILVA, DBA SILVA
LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES
Adopt Resolution Approving Contract Extension with David Silva, dba Silva Landscape for Landscape Maintenance Services
4.17 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY LABORATORY
SERVICES FOR THE CITY’S REGULATORY COMPLIANCE PROGRAMS FOR
DRINKING WATER, STORMWATER, AND WASTEWATER
Adopt Resolution Approving a Professional Services Agreement with Fruit Growers Laboratory, Inc. for Water Quality Laboratory Services for the City of Lathrop’s Regulatory Compliance Programs for Drinking Water, Stormwater, and Wastewater
4.18 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MACKAY & SOMPS CIVIL ENGINEERS, INC. TO PROVIDE CIVIL ENGINEERING AND
LAND SURVEYING SERVICES ASSOCIATED WITH THE LATHROP CENTER ANIMAL PROJECT, CIP GG 23-11
Adopt Resolution Approving a Professional Services Agreement with MacKay & Somps Civil Engineers, Inc. to Provide Civil Engineering and Surveying Services Associated with the Lathrop Animal Center Project, CIP GG 23-11
4.19 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WGR
SOUTHWEST, INC. TO PROVIDE SMALL CONSTRUCTION PROJECT
INSPECTION SUPPORT FOR THE CITY’S STORM WATER DISCHARGE PERMIT, CIP SD 24-21
Adopt Resolution Approving a Professional Services Agreement with WGR Southwest, Inc., to Provide Small Construction Project Inspection Support for the Phase II Small MS4 Storm Water Discharge Permit Regulatory Compliance Program, CIP SD 24-21
8 June 10, 2024 Lathrop City Council Regular Meeting Agenda Page 8
4.20 APPROVE TASK ORDER NO. 1 WITH ENGEO, INC. FOR CONSTRUCTION ENGINEERING SERVICES, CIP WW 22-38, CTF PHASE 3 EXPANSION Adopt Resolution Approving Task Order No. 1 with ENGEO, Inc. for Construction Engineering Services, CIP WW 22-38, CTF Phase 3 Expansion
4.21 ADOPT POLICY FOR THE ALLOCATION OF WASTEWATER TREATMENT CAPACITY IN THE PHASE 3 EXPANSION OF THE LATHROP
CONSOLIDATED TREATMENT FACILITY AND APPROVE USE OF THE
PHASE 2 FLOAT CAPACITY
Adopt Resolution Approving the Adoption of Policy for the Allocation of Wastewater Treatment Capacity in the Phase 3 Expansion of the Lathrop Consolidated Treatment Facility and Approve the Use of the Phase 2 Float Capacity
4.22 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH CIP PS 24-31, LOCATED ON YOSEMITE AVENUE, APPROVE AMENDMENT NO.1 TO THE REIMBURSEMENT AGREEMENT WITH YOSEMITE LATHROP 2, LLC, AND
APPROVE BUDGET AMENDMENT
Adopt Resolution Accepting Public Improvements Associated with CIP PS 24-31, Located on Yosemite Avenue, Approving Amendment No. 1 to the Reimbursement Agreement with Yosemite Lathrop 2, LLC, and Approving Budget Amendment
4.23 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2023-85, LOCATED AT 1262 E. MADRUGA ROAD FROM CLEAN ENERGY FUELS Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2023-85, Located at 1262 E. Madruga Road from Clean Energy Fuels
4.24 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2023-165, LOCATED ON JEFFERSON WAY FROM SOUTH LATHROP LAND, LLC.
Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2023-165, Located on Jefferson Way from South Lathrop Land, LLC
4.25 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY G&G BUILDERS, INC. FOR CIP PK 22-44, INSTALLATION OF RUBBERIZED SURFACING Adopt Resolution Accepting Public Improvements Constructed by G&G Builders, Inc. for CIP PK 22-44, Installation of Rubberized Surfacing, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.26 CREATE CIP GG 24-35 LATHROP POLICE DEPARTMENT RADIO INFRASTRUCTURE UPGRADE, APPROVE PURCHASE WITH RAY’S RADIO INDUSTRIAL COMMUNICATIONS SALES INC., AND APPROVE RELATED
BUDGET AMENDMENTS
9 June 10, 2024 Lathrop City Council Regular Meeting Agenda Page 9 Adopt Resolution Creating CIP GG 24-35 Lathrop Police Department Radio Infrastructure Upgrade, Approve Purchase with Ray’s Radio Industrial Communications Sales Inc. for Wireless Communications Equipment, and Approve Related Budget Amendments
5. SCHEDULED ITEMS
5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2024-25 ASSESSMENTS FOR INDUSTRIAL LIGHTING MAINTENANCE DISTRICT; RESIDENTIAL LIGHTING MAINTENANCE DISTRICT;
MOSSDALE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT;
STORM DRAIN DISTRICT ZONE 1 AND ZONE 1A
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Amending and/or Approving the Final Engineer’s Report and Ordering the Levy and Collection of Assessments for the City of Lathrop Industrial Lighting Maintenance District for Fiscal Year 2024-25; Maximum Assessment for the District for Fiscal Year 2024-25 not to exceed Zone A $8.82; Zone B $44.94; Zone C $8.82, and Proposed Annual Assessment for Fiscal Year 2024-25 Zone A $8.82; Zone B $44.94; Zone C $8.82; and
3. Adopt Resolution Amending and/or Approving the Final Engineer’s Report and Ordering the Levy and Collection of Assessments for the City of Lathrop Residential Lighting Maintenance District for Fiscal Year 2024-25; Maximum Assessment for the District for Fiscal Year 2024-25 not to exceed Zone A $51.39; Zone B $55.06; Zone C $36.21; Zone D $67.35; Zone E $70.80; Zone F $40.72; Zone G $9.31, and Proposed Annual Assessment for Fiscal Year 2024-25 Zone A $51.39; Zone B $55.06; Zone C $36.21; Zone D $67.35; Zone E $70.80; Zone F $40.72; Zone G $9.31; and
4. Adopt Resolution Amending and/or Approving the Final Engineer’s Report and Ordering the Levy and Collection of Assessments for the Mossdale Landscape and Lighting Maintenance District for Fiscal Year 2024-25; Maximum Assessment for Fiscal Year 2024- 25 not to exceed $320.07, and Proposed Annual Assessment for Fiscal Year 2024-25 $320.07; and
5. Adopt Resolution Amending and/or Approving the Final Engineer’s Report and Ordering the Levy and Collection of Assessments for the Storm Drain District Zone 1 and Zone 1A for Fiscal Year 2024- 25; Proposed Annual Assessment for Fiscal Year 2024-25 for Storm Drain Zone 1 not to exceed $112.52, and Proposed Annual Assessment for Fiscal Year 2024-25 for Storm Drain Zone 1A not to exceed $199.92
10 June 10, 2024 Lathrop City Council Regular Meeting Agenda Page 10
5.2 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2024-25 ASSESSMENTS FOR THE LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 93-1 WOODFIELD PARK MAINTENANCE ZONE
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Amending and/or Approving the Final Engineer’s Report and Ordering the Levy and Collection of Assessments for the Landscape and Lighting Maintenance District No. 93-1 Woodfield Park Maintenance Zone for Fiscal Year 2024-25; Proposed Annual Assessment for FY 2024-25 not to exceed $123.90
5.3 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2024-25 ASSESSMENTS FOR STONEBRIDGE LANDSCAPING DISTRICT
AND STONEBRIDGE DRAINAGE AND LIGHTING MAINTENANCE
DISTRICT
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Amending and/or Approving the Final Engineer’s Report and Ordering the Levying and Collections of Assessments for the Stonebridge Landscaping Maintenance District; Maximum Assessment for Fiscal Year 2024-25 not to exceed $533.35, and the Proposed Annual Assessment for Fiscal Year 2024-25 is $489.96; and
3. Adopt Resolution Amending and/or Approving the Final Engineer’s Report and Ordering the Levy and Collection of Assessments for the Stonebridge Drainage and Lighting District for Fiscal Year 2024-25; Maximum Assessment for Fiscal Year 2024-25 not to exceed $533.35, and Proposed Annual Assessments for Fiscal year 2024-25 for Stonebridge Drainage and Lighting District is $331.00
6. COUNCIL COMMUNICATIONS
6.1 MAYOR DHALIWAL REFERRAL – Appointment of One (1) Member to the Planning Commission with Term Ending, June 30, 2028
Four (4) applications were received
6.2 MAYOR DHALIWAL REFERRAL – Appointment of Two (2) Members to the Senior Advisory Commission with Terms Ending, June 30, 2027 Two (2) applications were received
6.3 MAYOR DHALIWAL REFERRAL – Appointment of Two (2) Members to the Parks and Recreation Commission with Terms Ending, June 30, 2027 Three (3) applications were received
11 June 10, 2024 Lathrop City Council Regular Meeting Agenda Page 11
6.4 MAYOR DHALIWAL REFERRAL – Appointment of Three (3) Members to the Measure C Oversight Committee with Terms Ending, June 30, 2027 Four (4) applications were received
6.5 MAYOR DHALIWAL REFERRAL – Appointment of Thirteen (13) Members to the Youth Advisory Commission with Terms Ending, May 31, 2025 Sixteen (16) applications were received
6.6 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
Ava Community Energy (Diallo/Torres-O’Callaghan)
Central Valley Executive Committee/LOCC (Akinjo/Diallo) Council of Governments (Dhaliwal/Diallo)
Integrated Waste Management Solid Waste Division (Akinjo/Torres-O’Callaghan) Local Agency Formation Commission (LAFCo) (Diallo)
Reclamation District 17 Joint Powers Authority (Salvatore) San Joaquin Partnership Board of Directors (Salvatore) San Joaquin County Commission on Aging (Vacancy)
San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) Water Advisory Board (Torres-O’Callaghan/Lazard)
Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) San Joaquin Area Flood Control Agency (Akinjo/Lazard/Torres-O’Callaghan)
6.7 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
12 13
14 15
16 17
18 19
20 21
22 ITEM 4. 3
CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: RENAME THE MAYOR' SART SHOW AND SALE TO THE
JOYCE GATTO ART SHOW
RECOMMENDATION: Adopt a Resolution to Rename the Mayor' s Art Show
and Sale to the Joyce Gatto Art Show
SUMMARY:
The Mayor' sArt Show and Sale was founded by Joyce Gatto in 1994, as a way for local artists to display their works of art. As the Mayor' s Art Show and Sale founder
and chair for almost 30 years, Joyce Gatto was a true advocate for the arts. This staff report was prepared in response to Council direction on a referral considered at its June 3, 2024, Special City Council Meeting. This item allows the City Council to adopt a resolution to rename the Mayor' sArt Show and Sale to the Joyce Gatto Art Show in honor of Joyce' slegacy, passion, dedication, encouragement, and commitment to local artists within the community.
BACKGROUND:
An artist herself, Joyce Gatto had an appreciation for art and encouraged local artists to continue their work by coordinating with the City to provide a venue where artists can display their work. Every year, since 1994, Joyce, as chair of the Mayor' s Art
Show Committee, organized the Mayor' s Art Show and Sale as a way for artists to display and sell their art. Every year, art in various mediums is hung in the Council Chambers at City Hall for a two- week duration. An artist reception and awards ceremony conclude the event. Each year, the Mayor of Lathrop selects a work of art to be purchased and remain permanently on display at City Hall in the Joyce Gatto Gallery for everyone to enjoy. The continued appreciation of art extends into the community as sponsors and citizens are able to view and purchase the displayed art each year.
At the June 3, 2024, Special City Council Meeting, Council approved a referral renaming the Mayor' s
Art Show and Sale to the " Joyce Gatto Art Show" and directed staff to prepare a staff report for formal approval. Staff prepared this staff report and resolution renaming the Mayor' s
Art Show and Sale to the Joyce Gatto Art Show.
RECOMMENDATION:
Adopt a Resolution renaming the Mayor' s
Art Show and Sale to the Joyce Gatto Art
Show.
23 CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
RENAME THE MAYOR' SART SHOW AND SALE TO THE JOYCE GATTO ART SHOW
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
A. A Resolution to Rename the Mayor' s
Art Show and Sale to the Joyce Gatto Art
Show
24 CITY MANAGER' S REPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
RENAME THE MAYOR' SART SHOW AND SALE TO THE JOYCE GATTO ART SHOW
APPROVALS:
LA. 2-1
Todd S bastian Date
Director of Parks and Recreation
C-" Th---- c.' / it / 16Z' 0
Thomas Hedegard Date
Deputy City Manager
Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
Stephen 3. Salvatore Date
City Manager
25 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RENAME
THE MAYOR' SART SHOW AND SALE TO THE JOYCE GATTO ART SHOW WHEREAS, the Mayor' s
Art Show and Sale was founded by Joyce Gatto in
1994, as a way for local artists to display their works of art; and WHEREAS, every year thereafter, Joyce, as Chair of the Mayor' s Art Show
Committee, organized the Mayor' s
Art Show and Sale as a way for artists to display
and sell their art; and
WHEREAS, art in various mediums is hung in the Council Chamber at City Hall for a two- week duration, and an artist reception and awards ceremony conclude the event; and
WHEREAS, each year, the City of Lathrop Mayor selects a piece of art to be purchased and remain permanently displayed at City Hall in the Joyce Gatto Gallery, for all to enjoy; and
WHEREAS, With Joyce Gatto' s
passing in 2023, Council desires to honor
Joyce' slegacy, passion, dedication, encouragement, and commitment to local artists within the community, by continuing to organize and operate the Art Show and Sale and directed staff to prepare this resolution for consideration; and WHEREAS, at the June 3, 2024, Special City Council Meeting, Council approved a referral renaming the Mayor' s
Art Show and Sale to the Joyce Gatto Art
Show; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby rename the Mayor' s Art Show and Sale to the Joyce Gatto Art Show.
26 The foregoing resolution was passed and adopted this 10th day of June, 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 27 PAGE LEFT
INTENTIONALLY
BLANK
28 ITEM 4.
CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: GANN APPROPRIATION LIMIT FOR FISCAL YEAR
2024/5
RECOMMENDATION: Adopt Resolution Determining the Total Annual Appropriations Subject to Limitation, for Fiscal Year
2024/5
SUMMARY:
California voters adopted the GANN Initiative ( also known as GANN Limit) in 1979.
The purpose of the GANN Initiative is to limit tax revenues which can be appropriated in any fiscal year. The GANN Limit is calculated by increasing the base year tax revenues by the Population Growth factor and one of the following; Changes in Assessed Values attributed to Non -Residential Growth or Changes in the Per Capita Personal Income factor. Each option exists to allow for the use of whichever is greater or data that is readily available when completing the calculation. To comply with Article XIII. Bof the State Constitution and Government Code 7900 and as part of the budget process, the City adopts the GANN Limit.
After reviewing the GANN Limit' s growth factors, staff recommends using the Assessed Value attributed to Non -Residential Growth to set the appropriation limit at 469, 640, 472 (Attachment " B") for Fiscal Year 2024/5. The Fiscal Year 2024/5 budget remains in compliance within the appropriation limit.
BACKGROUND:
The GANN Limit originated with Proposition 4 and was passed by California voters in November 1979 ( also known as the Gann Initiative). The purpose of the GANN Limit is to limit tax growth.
Section 7910 of the Government Code of the State of California requires that the governing bodies of each local jurisdiction establish its appropriation limit for the following fiscal year pursuant to Article XIIIB of the State Constitution ( GANN Initiative). The GANN Initiative limits the amount of revenue which can be appropriated in any fiscal year. However, not all revenues are restricted, only those referred to as " proceeds of taxes". The limit is adjusted annually for population growth, inflation/ per capita income or changes to non- residential new construction, and other factors. Certain appropriations are exempt from the GANN Limit, such as voter -approved debt, court orders, and federal mandates.
The GANN Limit is calculated by increasing the base year tax revenues annually by a population growth factor and by one of the following:
1. The increase in Assessed Value attributed to Non - Residential Growth; or
2. The increase or decrease in California Per Capita Personal Income 29 CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
GANN LIMIT FISCAL YEAR 2024/5
PAGE 2
Staff has prepared the FY 2024/5 GANN Appropriation Limit calculation ( shown in Attachment " B" of the Proposed Resolution). The cost -of -living factor provided by the Department of Finance is personal income is 5. 39%. Staff recommends that the increase in per capita personal income of 6. 39% be used rather than the 5. 39% increase in assessed value attributed to non- residential growth.
The GANN Appropriation Limit for FY 2024/5 is $ 469, 640, 472 as calculated in Attachment " B" of the proposed resolution.
REASON FOR RECOMMENDATION:
The City is required by State law to annually adopt the GANN Limit.
FISCAL IMPACT:
The City' s FY 2024/5appropriations funded by tax revenues are within the required GANN Limit.
ATTACHMENTS:
A. Resolution Determining the Total Annual Appropriation Subject to Limitation, for Fiscal Year 2024/5
B. Proposition 4 Appropriation GANN Limit Calculations for Fiscal Year 2024/5 30 CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
GANN LIMIT FISCAL YEAR 2024/5
APPROVALS:
Sandra Frias
Senior Management Analyst
Cari
Finance Di ' ctor
Salvador Navarrete
City Attorney
Date
Date
PAGE 3
0/D62 -V
Date
h / that( i
t(
Thomas Hedegard Date
Deputy City Manager
0" f•Z'
St- • en 3 Salvatore Date
City Manager
31 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP DETERMINING THE TOTAL ANNUAL APPROPRIATION SUBJECT TO.
LIMITATION, FOR FISCAL YEAR 2024/5
WHEREAS, the City of Lathrop has prepared and submitted to the City Council a budget for the fiscal year commencing July 1, 2024; and WHEREAS, the City Council should determine its final annual appropriations that are subject to limitation pursuant to Article XIII. Bof the State Constitution; and WHEREAS, said total annual appropriations subject to limitation of the City of Lathrop has been computed by the Director of Finance in accordance with the provisions in Article XIII. Band Government Code 7900, et seq; and WHEREAS, the increase in the per capita personal income of 6. 39% was used rather than the assessed value attributed to non- residential growth; and WHEREAS, the City of Lathrop has complied with all of the provisions of Article XIII. Band Government Code 7902 in determining the Gann Limit which has been calculated for fiscal year 2024/5to be $ 469, 640, 472.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Gann Limit for 2024/5 to be $ 469, 640, 472 as calculated in the City Manager' sReport presented to Council with this resolution. 32 The foregoing resolution was passed and adopted this 10th day of June 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:
33 CITY OF LATHROP
PROPOSITION 4 APPROPRIATION GANN LIMIT CALCULATIONS
2004- 05 GANN LIMIT 49, 037, 977
2005- 06 GANN LIMIT 51, 774, 296
2006- 07 GANN LIMIT 61, 109, 202
2007- 08 GANN LIMIT 71, 980, 529
2008- 09 GANN LIMIT 80, 085, 537
2009- 10 GANN LIMIT 82, 111, 701
2010- 11 GANN LIMIT 81, 627, 242
2011- 12 GANN LIMIT 87, 006, 477
2012- 13 GANN LIMIT 91, 800, 534
2013- 14 GANN LIMIT 98, 612, 134
2014- 15 GANN LIMIT 101, 077, 437
2015- 16 GANN LIMIT 108, 061, 888
2016- 17 GANN LIMIT 121, 072, 539
2017- 18 GANN LIMIT 130, 843, 093
2018- 19 GANN LIMIT 150, 652, 737
2019-0 GANN LIMIT 202, 160, 908
2020-1 GANN LIMIT 235, 194, 000
2021-2 GANN LIMIT 264, 405, 095
2022-3 GANN LIMIT 303, 219, 763
2023-4 GANN LIMIT 418, 873, 057
2024-5 GANN LIMIT 469, 640, 472
2024-5 FINAL CALCULATION
The City will use the percentage change in Non Residential New Construction to calculate the Final Gann Limit.
ADJUST FOR CHANGE IN POPULATION
Based on California Department of Finance Information
Increase 5. 39%
Adjust for Change in California Per Capita Income
Per Capita in Non Residential New Construction: 6. 39%
Adjust by the Above Factors:
Population 1. 0539 x Per Capita 1. 0639 = 1.212
418, 873, 057 x 1.212 = $469, 640, 472
If you have any questions, contact Cari James in the Finance Department.
ATTACHMENT " B"
34 CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM 4. 5
ITEM: GRADE STEP SCHEDULE FOR FISCAL YEAR 2024/5
RECOMMENDATION: Adopt Resolution Approving the City of Lathrop Salary Schedule as of July 1, 2024, in Accordance
with California Code of Regulations, Title 2, Section
570.
SUMMARY:
In April 2022 and 2023, the Council approved the Memorandum of Understanding MOU) for three active labor groups, as listed below. These MOUs are set to expire on June 30, 2026 and July 1, 2026:
1. Service Employees International Union ( SEIU)
2. Lathrop Mid - Managers and Confidential Employees Association ( LMCEA)
3. Lathrop Police Officers Association ( LPOA)
Employees in positions that are not part of any of the mentioned labor groups are referred to as Unrepresented Classifications. As outlined in the MOUs, represented personnel are subject to a four percent ( 4%) salary increase due to a Cost of Living Adjustment ( COLA) effective on July 1st following the MOU approval and remains in effect throughout the duration of the agreement. This salary increase is reflected on the first full pay period in July. The COLA increase also applies to all Unrepresented Classifications, as per Council Resolution No. 22- 5040.
Staff recommends that the Council adopt a resolution approving the City of Lathrop Grade Step Schedule effective July 1, 2024, in accordance with California Code of Regulations, Title 2, Section 570..
BACKGROUND:
In accordance with CaIPERS requirements, the City Council must adopt a resolution approving the City of Lathrop Grade Step Schedule each time a change occurs, even when City Council has already approved the change as part of a multi -year labor agreement as is the case with the four groups listed below:
1 SEIU MOU, approved by Council in April 2022, provides a 4.0% increase to salaries due to Cost of Living Adjustment ( COLA) for fiscal years 2023, 2024, 2025, 2026.
2. LMCEA MOU, approved by Council in April 2022, provides a 4.0% increase to salaries due to Cost of Living Adjustment ( COLA) for fiscal years 2023, 2024, 2025, 2026.
3. LPOA MOU, approved by Council in April 2023, provides a 4.0% increase to salaries due to Cost of Living Adjustment ( COLA) for fiscal years 2023, 2024, 2025.
35 CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
GRADE STEP SCHEDULE FOR FISCAL YEAR 2024/5
PAGE 2
4. Unrepresented Classifications, approved by Council in April 2022, provides a
4.0% increase to salaries due to Cost of Living Adjustment ( COLA) for fiscal years 2023, 2024, 2025, 2026.
Staff has updated the Salary Schedule ( Attachment B) to reflect the approved salary changes for FY 2024/5.
REASON FOR RECOMMENDATION:
In accordance with the California Code of Regulations, Title 2, Section 570., the City is required to adopt a current Pay Schedule or Grade Step Table.
FISCAL IMPACT:
The fiscal impacts associated with the cost of living salary changes have already been incorporated into Year 2 ( FY 2024/5) of the approved Biennial Budget.
ATTACHMENTS:
A. Resolution Approving the City of Lathrop Salary Schedule as of July 1, 2024, in Accordance with California Code of Regulations, Title 2, Section 570.
B. Grade Step Schedule Effective July 1, 2024
36 CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
GRADE STEP SCHEDULE FOR FISCAL YEAR 2024/5
APPROVALS:
Sandra Frias Date
Sr. Management Analyst
Cari Ja
Finance Orector
0/ 2y
W' r4005/
PAGE 3
Date
Salvador Navarrete Date
City Attorney
L7
Thomas Hedegard Date
Deputy City Manager
y-= - 1/. 4. 24
Step en 3 Salvatore Date
City Manager
37 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE CITY OF LATHROP SALARY SCHEDULE AS OF JULY 1, 2024, IN ACCORDANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.
WHEREAS, the City of Lathrop has prepared and submitted to the City Council a budget for the fiscal year commencing July 1, 2024; and WHEREAS, the City Council approved in April 2022 a Memorandum of Understanding ( MOU) agreement with the Service Employees International Union SEIU); and
WHEREAS, the City Council approved in April 2022 a Memorandum of Understanding ( MOU) agreement with the Lathrop Mid - Managers and Confidential Employees Association ( LMCEA); and
WHEREAS, the City Council approved in April 2023 a Memorandum of Understanding ( MOU) agreement with the Lathrop Police Officers Association ( LPOA); and
WHEREAS, the City Council approved in April 2022 a Resolution providing Unrepresented Employees with the same terms and conditions as provided to LMCEA members; and
WHEREAS, a four percent ( 4%) salary increase due to a Cost of Living Adjustment ( COLA) factor was approved for represented and unrepresented personnel effective on July 1st following the MOU approval and remains in effect throughout the duration of the agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby approve the updated Salary Schedule ( Attachment B), effective July 1, 2024, in accordance with the California Code of Regulations, Title 2, Section 570..
38 The foregoing resolution was passed and adopted this 10th day of June 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST:
Teresa Vargas, City Clerk
APPROVED AS TO FORM:
Salvador Navarrete, City Attorney
39 FOR REFERENCE USE ONLY
CITY OF LATHROP
GRADE- STEP TABLE
Eff. 7/ 06/ 2024
Adopted by Resolution No. 24-____
GRADE CLASSIFICATION UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 20 hourly 16. 4215$ 17. 2427$ 18. 1049$ 19. 0101$ 19. 9606$ bi-weekly 1,314 1,379 1,448 1,521 1,597
monthly 2,846 2,989 3,138 3,295 3,460
annual 34, 157 35, 865 37, 658 39, 541 41, 518
21 hourly 16. 8321$ 17. 6739$ 18. 5573$ 19. 4852$ 20. 4596$ bi-weekly 1,347 1,414 1,485 1,559 1,637
monthly 2,918 3,063 3,217 3,377 3,546
annual 35, 011 36, 762 38, 599 40, 529 42, 556
22 hourly 17. 2524$ 18. 1152$ 19. 0208$ 19. 9718$ 20. 9702$ bi-weekly 1,380 1,449 1,522 1,598 1,678
monthly 2,990 3,140 3,297 3,462 3,635
annual 35, 885 37, 680 39, 563 41, 541 43, 618
23 hourly 17. 6842$ 18. 5685$ 19. 4969$ 20. 4720$ 21. 4951$ bi-weekly 1,415 1,485 1,560 1,638 1,720
monthly 3,065 3,219 3,379 3,548 3,726
annual 36, 783 38, 622 40, 554 42, 582 44, 710
24 hourly 18. 1266$ 19. 0329$ 19. 9842$ 20. 9835$ 22. 0326$ bi-weekly 1,450 1,523 1,599 1,679 1,763
monthly 3,142 3,299 3,464 3,637 3,819
annual 37, 703 39, 588 41, 567 43, 646 45, 828
25 hourly 18. 5797$ 19. 5083$ 20. 4837$ 21. 5081$ 22. 5837$ bi-weekly 1,486 1,561 1,639 1,721 1,807
monthly 3,220 3,381 3,551 3,728 3,915
annual 38, 646 40, 577 42, 606 44, 737 46, 974
26 hourly 19. 0441$ 19. 9963$ 20. 9960$ 22. 0457$ 23. 1480$ bi-weekly 1,524 1,600 1,680 1,764 1,852
monthly 3,301 3,466 3,639 3,821 4,012
annual 39, 612 41, 592 43, 672 45, 855 48, 148
27 RECREATION LEADER UNREP hourly 19. 5201$ 20. 4961$ 21. 5212$ 22. 5973$ 23. 7270$ FLEET ATTENDANT UNREP bi- weekly 1,562 1,640 1,722 1,808 1,898 monthly 3,383 3,553 3,730 3,917 4,113
annual 40, 602 42, 632 44, 764 47, 002 49, 352
28 hourly 20. 0080$ 21. 0084$ 22. 0589$ 23. 1618$ 24. 3202$ bi-weekly 1,601 1,681 1,765 1,853 1,946
monthly 3,468 3,641 3,824 4,015 4,216
annual 41, 617 43, 698 45, 882 48, 177 50, 586
29 hourly 20. 5084$ 21. 5338$ 22. 6104$ 23. 7409$ 24. 9281$ bi-weekly 1,641 1,723 1,809 1,899 1,994
monthly 3,555 3,733 3,919 4,115 4,321
annual 42, 657 44, 790 47, 030 49, 381 51, 850
30 hourly 21. 0210$ 22. 0720$ 23. 1756$ 24. 3343$ 25. 5511$ bi-weekly 1,682 1,766 1,854 1,947 2,044
monthly 3,644 3,826 4,017 4,218 4,429
annual 43, 724 45, 910 48, 205 50, 615 53, 146
31 hourly 21. 5466$ 22. 6237$ 23. 7551$ 24. 9426$ 26. 1899$ bi-weekly 1,724 1,810 1,900 1,995 2,095
monthly 3,735 3,921 4,118 4,323 4,540
annual 44, 817 47, 057 49, 411 51, 881 54, 475
32 OFFICE ASSISTANT I SEIU hourly 22. 0852$ 23. 1893$ 24. 3490$ 25. 5660$ 26. 8446$ SENIOR RECREATION LEADER SEIU bi- weekly 1,767 1,855 1,948 2,045 2,148 monthly 3,828 4,019 4,220 4,431 4,653
annual 45, 937 48, 234 50, 646 53, 177 55, 837
33 hourly 22. 6373$ 23. 7691$ 24. 9575$ 26. 2056$ 27. 5158$ bi-weekly 1,811 1,902 1,997 2,096 2,201
monthly 3,924 4,120 4,326 4,542 4,769
annual 47, 086 49, 440 51, 912 54, 508 57, 233
34 hourly 23. 2032$ 24. 3636$ 25. 5818$ 26. 8610$ 28. 2037$ bi-weekly 1,856 1,949 2,047 2,149 2,256
monthly 4,022 4,223 4,434 4,656 4,889
annual 48, 263 50, 676 53, 210 55, 871 58, 664
35 OFFICE ASSISTANT II SEIU hourly 23. 7836$ 24. 9724$ 26. 2210$ 27. 5319$ 28. 9087$ bi-weekly 1,903 1,998 2,098 2,203 2,313
monthly 4,122 4,329 4,545 4,772 5,011
annual 49, 470 51, 943 54, 540 57, 266 60, 130
40 FOR REFERENCE USE ONLY
CITY OF LATHROP
GRADE- STEP TABLE
Eff. 7/ 06/ 2024
Adopted by Resolution No. 24-____
GRADE CLASSIFICATION UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 36 hourly 24. 3781$ 25. 5967$ 26. 8768$ 28. 2204$ 29. 6315$ bi-weekly 1,950 2,048 2,150 2,258 2,371
monthly 4,226 4,437 4,659 4,892 5,136
annual 50, 706 53, 241 55, 904 58, 698 61, 634
37 hourly 24. 9872$ 26. 2365$ 27. 5485$ 28. 9261$ 30. 3721$ SPECIAL ASSISTANT SEIU bi- weekly 1,999 2,099 2,204 2,314 2,430 ANIMAL CENTER ASSISTANT SEIU monthly 4,331 4,548 4,775 5,014 5,264 annual 51, 973 54, 572 57, 301 60, 166 63, 174
38 hourly 25. 6123$ 26. 8927$ 28. 2371$ 29. 6489$ 31. 1316$ bi-weekly 2,049 2,151 2,259 2,372 2,491
monthly 4,439 4,661 4,894 5,139 5,396
annual 53, 274 55, 937 58, 733 61, 670 64, 754
39 hourly 26. 2524$ 27. 5651$ 28. 9431$ 30. 3905$ 31. 9096$ bi-weekly 2,100 2,205 2,315 2,431 2,553
monthly 4,550 4,778 5,017 5,268 5,531
annual 54, 605 57, 335 60, 202 63, 212 66, 372
40 hourly 26. 9090$ 28. 2544$ 29. 6670$ 31. 1502$ 32. 7076$ bi-weekly 2,153 2,260 2,373 2,492 2,617
monthly 4,664 4,897 5,142 5,399 5,669
annual 55, 971 58, 769 61, 707 64, 792 68, 032
41 ADMINISTRATIVE ASSISTANT I SEIU hourly 27. 5814$ 28. 9605$ 30. 4086$ 31. 9289$ 33. 5252$ MAINTENANCE WORKER I SEIU bi- weekly 2,207 2,317 2,433 2,554 2,682 WATER METER READER I SEIU monthly 4,781 5,020 5,271 5,534 5,811 annual 57, 369 60, 238 63, 250 66, 412 69, 732
42 CUSTOMER SERVICE REPRESENTATIVE I SEIU hourly 28. 2708$ 29. 6844$ 31. 1690$ 32. 7272$ 34. 3639$ bi-weekly 2,262 2,375 2,494 2,618 2,749
monthly 4,900 5,145 5,403 5,673 5,956
annual 58, 803 61, 744 64, 832 68, 072 71, 477
43 POLICE OFFICER TRAINEE NON- SWORN hourly 28. 9773$ 30. 4267$ 31. 9479$ 33. 5453$ 35. 2224$ POLICE RECORDS ASSISTANT I SEIU bi- weekly 2,318 2,434 2,556 2,684 2,818 monthly 5,023 5,274 5,538 5,815 6,105
annual 60, 273 63, 287 66, 452 69, 774 73, 263
44 INFORMATION TECHNOLOGY TECHNICIAN SEIU hourly 29. 7020$ 31. 1873$ 32. 7467$ 34. 3840$ 36. 1033$ bi-weekly 2,376 2,495 2,620 2,751 2,888
monthly 5,148 5,406 5,676 5,960 6,258
annual 61, 780 64, 870 68, 113 71, 519 75, 095
45 ADMINISTRATIVE ASSISTANT II SEIU hourly 30. 4445$ 31. 9668$ 33. 5653$ 35. 2436$ 37. 0058$ MAINTENANCE WORKER II SEIU bi- weekly 2,436 2,557 2,685 2,819 2,960 RECREATION COORDINATOR SEIU monthly 5,277 5,541 5,818 6,109 6,414 WATER METER READER II SEIU annual 63, 325 66, 491 69, 816 73, 307 76, 972 46 POLICE RECORDS ASSISTANT II SEIU hourly 31. 2060$ 32. 7661$ 34. 4042$ 36. 1248$ 37. 9308$ bi-weekly 2,496 2,621 2,752 2,890 3,034
monthly 5,409 5,679 5,963 6,262 6,575
annual 64, 909 68, 154 71, 561 75, 139 78, 896
47 ADMINISTRATIVE ASSISTANT III SEIU hourly 31. 9857$ 33. 5854$ 35. 2644$ 37. 0275$ 38. 8789$ ADMINISTRATIVE TECHNICIAN I SEIU bi-weekly 2,559 2,687 2,821 2,962 3,110 HUMAN RESOURCES TECHNICIAN SEIU monthly 5,544 5,821 6,112 6,418 6,739 PERMIT TECHNICIAN I SEIU annual 66, 530 69, 858 73, 350 77, 017 80, 868 48 MAINTENANCE WORKER III SEIU hourly 32. 7857$ 34. 4251$ 36. 1460$ 37. 9532$ 39. 8512$ SOLID WASTE& RESOURCE CONSERV. COORD SEIU 188monthly5, bi- weekly 2,623 2,754 2,892 3,036 3, 683 5,967 6,265 6,579 6,908
annual 68, 194 71, 604 75, 184 78, 943 82, 890
49 CUSTOMER SERVICE REPRESENTATIVE II SEIU hourly 33. 6052$ 35. 2854$ 37. 0500$ 38. 9026$ 40. 8476$ PROPERTY AND EVIDENCE TECHNICIAN SEIU bi- weekly 2,688 2,823 2,964 3,112 3,268 monthly 5,825 6,116 6,422 6,743 7,080
annual 69, 899 73, 394 77, 064 80, 917 84, 963
50 ENGINEERING TECHNICIAN I SEIU hourly 34. 4453$ 36. 1676$ 37. 9761$ 39. 8747$ 41. 8686$ bi-weekly 2,756 2,893 3,038 3,190 3,349
monthly 5,971 6,269 6,583 6,912 7,257
annual 71, 646 75, 229 78, 990 82, 939 87, 087
51 ADMINISTRATIVE TECHNICIAN II SEIU hourly 35. 3066$ 37. 0723$ 38. 9256$ 40. 8720$ 42. 9154$ bi-weekly 2,825 2,966 3,114 3,270 3,433
PERMIT TECHNICIAN II SEIU monthly 6,120 6,426 6,747 7,084 7,439 SENIOR ADMINISTRATIVE ASSISTANT LMCEA annual 73, 438 77, 110 80, 965 85, 014 89, 264
SENIOR CUSTOMER SERVICE REP SEIU
41 FOR REFERENCE USE ONLY
CITY OF LATHROP
GRADE- STEP TABLE
Eff. 7/ 06/ 2024
Adopted by Resolution No. 24-____
GRADE CLASSIFICATION UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 52 ACCOUNTANT I SEIU hourly 36. 1891$ 37. 9984$ 39. 8985$ 41. 8933$ 43. 9880$ BUILDING INSPECTOR I SEIU bi-weekly 2,895 3,040 3,192 3,351 3,519 COMMUNITY SERVICE OFFICER I SEIU monthly 6,273 6,586 6,916 7,262 7,625 HR ANALYST I LMCEA annual 75, 273 79, 037 82, 989 87, 138 91, 495
UTILITY OPERATOR I SEIU
53 CONSTRUCTION INSPECTOR I SEIU hourly 37. 0940$ 38. 9483$ 40. 8957$ 42. 9407$ 45. 0880$ POLICE RECORDS SUPERVISOR LMCEA bi-weekly 2,968 3,116 3,272 3,435 3,607 LEGAL SECRETARY LMCEA monthly 6,430 6,751 7,089 7,443 7,815 annual 77, 156 81, 012 85, 063 89, 317 93, 783
54 ENGINEERING TECHNICIAN II SEIU hourly 38. 0212$ 39. 9223$ 41. 9182$ 44. 0143$ 46. 2151$ EXECUTIVE ASSISTANT LMCEA bi-weekly 3,042 3,194 3,353 3,521 3,697 monthly 6,590 6,920 7,266 7,629 8,011
annual 79, 084 83, 038 87, 190 91, 550 96, 127
55 BUILDING INSPECTOR II SEIU hourly 38. 9718$ 40. 9204$ 42. 9664$ 45. 1145$ 47. 3703$ COMMUNITY SERVICE OFFICER II SEIU bi-weekly 3,118 3,274 3,437 3,609 3,790 PERMIT TECHNICIAN III SEIU monthly 6,755 7,093 7,448 7,820 8,211 SENIOR ACCOUNTING TECHNICIAN SEIU annual 81, 061 85, 114 89, 370 93, 838 98, 530 56 ACCOUNTANT II SEIU hourly 39. 9462$ 41. 9433$ 44. 0406$ 46. 2428$ 48. 5546$ DEPUTY CITY CLERK LMCEA bi-weekly 3,196 3,355 3,523 3,699 3,884 HR ANALYST II LMCEA monthly 6,924 7,270 7,634 8,015 8,416 MANAGEMENT ANALYST I (CONFIDENTIAL) LMCEA annual 83, 088 87, 242 91, 604 96, 185 100, 994
UTILITY OPERATOR II SEIU
CRIME & INTELLIGENCE ANALYST SEIU
57 CONSTRUCTION INSPECTOR II SEIU hourly 40. 9446$ 42. 9918$ 45. 1416$ 47. 3984$ 49. 7686$ CUSTOMER SERVICE SUPERVISOR LMCEA bi-weekly 3,276 3,439 3,611 3,792 3,981 LEGAL ASSISTANT LMCEA monthly 7,097 7,452 7,825 8,216 8,627 PARKS & RECREATION SUPERVISOR LMCEA annual 85, 165 89, 423 93, 895 98, 589 103, 519 58 ASSISTANT PLANNER SEIU hourly 41. 9683$ 44. 0667$ 46. 2701$ 48. 5833$ 51. 0128$ JUNIOR ENGINEER SEIU bi- weekly 3,357 3,525 3,702 3,887 4,081 SENIOR ENGINEERING TECHNICIAN SEIU monthly 7,274 7,638 8,020 8,421 8,842 ELECTRICIAN / INSTRUMENT TECH SEIU annual 87, 294 91, 659 96, 242 101, 053 106, 107 59 BUILDING INSPECTOR III SEIU hourly 43. 0175$ 45. 1684$ 47. 4267$ 49. 7978$ 52. 2881$ CHIEF UTILITY OPERATOR SEIU bi- weekly 3,441 3,613 3,794 3,984 4,183 COMMUNITY SERVICE OFFICER III SEIU monthly 7,456 7,829 8,221 8,632 9,063 LANDSCAPE & IRRIGATION SPECIALIST LMCEA annual 89, 476 93, 950 98, 648 103, 579 108, 759
MAINTENANCE SERVICES SUPERVISOR LMCEA
60 EXECUTIVE ASSIST TO THE CITY MANAGER LMCEA hourly 44. 0932$ 46. 2978$ 48. 6126$ 51. 0433$ 53. 5953$ INFORMATION TECHNOLOGY ENGINEER I LMCEA bi-weekly 3,527 3,704 3,889 4,083 4,288 MANAGEMENT ANALYST II (CONFIDENTIAL) LMCEA monthly 7,643 8,025 8,426 8,848 9,290 annual 91, 714 96, 299 101, 114 106, 170 111, 478
61 CONSTRUCTION INSPECTOR III SEIU hourly 45. 1952$ 47. 4552$ 49. 8276$ 52. 3191$ 54. 9351$ POLICE SERVICES MANAGER LMCEA bi-weekly 3,616 3,796 3,986 4,186 4,395 UTILITY MAINTENANCE SUPERVISOR LMCEA monthly 7,834 8,226 8,637 9,069 9,522 UTILITY OPERATOR III SEIU annual 94, 006 98, 707 103, 641 108, 824 114, 265 62 WW TREATMENT PLANT SUPERVISOR LMCEA hourly 46. 3251$ 48. 6415$ 51. 0734$ 53. 6273$ 56. 3084$ bi-weekly 3,706 3,891 4,086 4,290 4,505
monthly 8,030 8,431 8,853 9,295 9,760
annual 96, 356 101, 174 106, 233 111, 545 117, 121
63 ASSOCIATE PLANNER SEIU hourly 47. 4834$ 49. 8575$ 52. 3505$ 54. 9676$ 57. 7160$ SENIOR BUILDING INSPECTOR SEIU bi- weekly 3,799 3,989 4,188 4,397 4,617 monthly 8,230 8,642 9,074 9,528 10, 004
annual 98, 765 103, 704 108, 889 114, 333 120, 049
64 ASSISTANT ENGINEER SEIU hourly 48. 6702$ 51. 1036$ 53. 6590$ 56. 3422$ 59. 1590$ COMPLIANCE ENGINEER SEIU bi- weekly 3,894 4,088 4,293 4,507 4,733 PROPERTY AND EVIDENCE MANAGER LMCEA monthly 8,436 8,858 9,301 9,766 10, 254 ANIMAL CENTER MANAGER LMCEA annual 101, 234 106, 296 111, 611 117, 192 123, 051
STREETS AND OPERATIONS MANAGER LMCEA
65 BUDGET MANAGER LMCEA hourly 49. 8871$ 52. 3817$ 55. 0005$ 57. 7506$ 60. 6383$ POLICE OFFICER SWORN bi-weekly 3,991 4,191 4,400 4,620 4,851 SENIOR ACCOUNTANT LMCEA monthly 8,647 9,079 9,533 10, 010 10, 511 annual 103, 765 108, 954 114, 401 120, 121 126, 128
42 FOR REFERENCE USE ONLY
CITY OF LATHROP
GRADE- STEP TABLE
Eff. 7/ 06/ 2024
Adopted by Resolution No. 24-____
GRADE CLASSIFICATION UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 66 hourly 51. 1343$ 53. 6909$ 56. 3756$ 59. 1942$ 62. 1544$ bi-weekly 4,091 4,295 4,510 4,736 4,972
monthly 8,863 9,306 9,772 10, 260 10, 773
annual 106, 359 111, 677 117, 261 123, 124 129, 281
67 COMMUNITY SERVICES SUPERVISOR LMCEA hourly 52. 4126$ 55. 0335$ 57. 7849$ 60. 6746$ 63. 7078$ HUMAN RESOURCES MANAGER EXEMPT bi- weekly 4,193 4,403 4,623 4,854 5,097 INFORMATION TECHNOLOGY ENGINEER II LMCEA monthly 9,085 9,539 10, 016 10, 517 11, 043 SENIOR MANAGEMENT ANALYST LMCEA annual 109, 018 114, 470 120, 193 126, 203 132, 512
SPECIAL DISTRICTS MANAGER LMCEA
PARKS AND RECREATION MANAGER LMCEA
68 PERMIT AND PLAN CHECK SUPERVISOR LMCEA hourly 53. 7228$ 56. 4092$ 59. 2295$ 62. 1911$ 65. 3008$ POLICE CORPORAL SWORN bi-weekly 4,298 4,513 4,738 4,975 5,224 monthly 9,312 9,778 10, 266 10, 780 11, 319
annual 111, 743 117, 331 123, 197 129, 358 135, 826
69 SENIOR PLANNER LMCEA hourly 55. 0660$ 57. 8193$ 60. 7105$ 63. 7459$ 66. 9330$ UTILITY PLANT SUPERVISOR LMCEA bi-weekly 4,405 4,626 4,857 5,100 5,355 monthly 9,545 10, 022 10, 523 11, 049 11, 602
annual 114, 537 120, 264 126, 278 132, 592 139, 221
70 ASSOCIATE ENGINEER SEIU hourly 56. 4429$ 59. 2651$ 62. 2280$ 65. 3396$ 68. 6064$ bi-weekly 4,515 4,741 4,978 5,227 5,489
monthly 9,783 10, 273 10, 786 11, 326 11, 892
annual 117, 401 123, 271 129, 434 135, 906 142, 701
71 INFORMATION TECH ENGINEER III LMCEA hourly 57. 8541$ 60. 7464$ 63. 7838$ 66. 9728$ 70. 3215$ PARKS AND REC SUPERINTENDENT LMCEA bi-weekly 4,628 4,860 5,103 5,358 5,626 monthly 10, 028 10, 529 11, 056 11, 609 12, 189
annual 120, 336 126, 352 132, 670 139, 303 146, 269
72 POLICE SERGEANT SWORN hourly 59. 3003$ 62. 2652$ 65. 3786$ 68. 6473$ 72. 0797$ bi-weekly 4,744 4,981 5,230 5,492 5,766
monthly 10, 279 10, 793 11, 332 11, 899 12, 494
annual 123, 345 129, 512 135, 987 142, 786 149, 926
73 ASSISTANT CHIEF BUILDING OFFICIAL LMCEA hourly 60. 7825$ 63. 8217$ 67. 0130$ 70. 3635$ 73. 8816$ bi-weekly 4,863 5,106 5,361 5,629 5,911
monthly 10, 536 11, 062 11, 616 12, 196 12, 806
annual 126, 428 132, 749 139, 387 146, 356 153, 674
74 CITY CLERK EXEMPT hourly 62. 3024$ 65. 4174$ 68. 6879$ 72. 1225$ 75. 7285$ FINANCE MANAGER LMCEA bi-weekly 4,984 5,233 5,495 5,770 6,058 PRINCIPAL PLANNER LMCEA monthly 10, 799 11, 339 11, 906 12, 501 13, 126 SENIOR CIVIL ENGINEER LMCEA annual 129, 589 136, 068 142, 871 150, 015 157, 515 75 hourly 63. 8601$ 67. 0529$ 70. 4052$ 73. 9257$ 77. 6218$ bi-weekly 5,109 5,364 5,632 5,914 6,210
monthly 11, 069 11, 622 12, 204 12, 814 13, 454
annual 132, 829 139, 470 146, 443 153, 765 161, 453
76 ACCOUNTING MANAGER LMCEA hourly 65. 4562$ 68. 7292$ 72. 1654$ 75. 7738$ 79. 5624$ CONSTRUCTION SUPERINTENDENT LMCEA bi-weekly 5,236 5,498 5,773 6,062 6,365 DEPUTY DIRECTOR OF PARKS, REC & MAINT LMCEA monthly 11, 346 11, 913 12, 509 13, 134 13, 791 PROJECT MANAGER LMCEA annual 136, 149 142, 957 150, 104 157, 609 165, 490
UTILITY OPERATIONS SUPERINTENDENT LMCEA
77 ASSISTANT CITY ATTORNEY EXEMPT hourly 67. 0924$ 70. 4473$ 73. 9696$ 77. 6679$ 81. 5515$ bi-weekly 5,367 5,636 5,918 6,213 6,524
monthly 11, 629 12, 211 12, 821 13, 462 14, 136
annual 139, 552 146, 530 153, 857 161, 549 169, 627
78 DEPUTY FINANCE DIRECTOR LMCEA hourly 68. 7702$ 72. 2083$ 75. 8189$ 79. 6097$ 83. 5905$ bi-weekly 5,502 5,777 6,066 6,369 6,687
monthly 11, 920 12, 516 13, 142 13, 799 14, 489
annual 143, 042 150, 193 157, 703 165, 588 173, 868
79 ECONOMIC DEV ADMINISTRATOR LMCEA hourly 70. 4893$ 74. 0135$ 77. 7147$ 81. 6002$ 85. 6801$ LAND DEVELOPMENT MANAGER LMCEA bi-weekly 5,639 5,921 6,217 6,528 6,854 monthly 12, 218 12, 829 13, 471 14, 144 14, 851
annual 146, 618 153, 948 161, 647 169, 728 178, 215
43 FOR REFERENCE USE ONLY
CITY OF LATHROP
GRADE- STEP TABLE
Eff. 7/ 06/ 2024
Adopted by Resolution No. 24-____
GRADE CLASSIFICATION UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 80 ASSISTANT COM DEV DIRECTOR LMCEA hourly 72.2513$ 75.8640$ 79.6572$ 83.6400$ 87.8221$ CHIEF PLANNING OFFICIAL LMCEA bi-weekly 5,780 6,069 6,373 6,691 7,026 PRINCIPAL ENGINEER LMCEA monthly 12,524 13,150 13,807 14,498 15,223 annual 150,283 157,797 165,687 173,971 182,670
81 CHIEF BUILDING OFFICIAL EXEMPT hourly 74.0580$ 77.7609$ 81.6493$ 85.7315$ 90.0179$ CHIEF INFORMATION OFFICER EXEMPT bi-weekly 5,925 6,221 6,532 6,859 7,201 POLICE LIEUTENANT SWORN monthly 12,837 13,479 14,153 14,860 15,603 annual 154,041 161,743 169,831 178,322 187,237
82 ASSISTANT PUBLIC WORKS DIRECTOR LMCEA hourly 75.9092$ 79.7051$ 83.6899$ 87.8743$ 92.2685$ bi-weekly 6,073 6,376 6,695 7,030 7,381
monthly 13,158 13,816 14,506 15,232 15,993
annual 157,891 165,787 174,075 182,779 191,919
83 SENIOR CONSTRUCTION MANAGER LMCEA hourly 77.8071$ 81.6972$ 85.7822$ 90.0709$ 94.5747$ bi-weekly 6,225 6,536 6,863 7,206 7,566
monthly 13,487 14,161 14,869 15,612 16,393
annual 161,839 169,930 178,427 187,347 196,715
84 hourly 79.7520$ 83.7399$ 87.9266$ 92.3228$ 96.9394$
POLICE CAPTAIN SWORN bi-weekly 6,380 6,699 7,034 7,386 7,755 monthly 13,824 14,515 15,241 16,003 16,803
annual 165,884 174,179 182,887 192,031 201,634
85 DIRECTOR OF GOV'T SERV/ CITY CLERK EXEMPT hourly 81.7458$ 85.8333$ 90.1249$ 94.6312$ 99.3626$ DIRECTOR OF HUMAN RESOURCES EXEMPT bi-weekly 6,540 6,867 7,210 7,570 7,949 DIRECTOR OF INFORMATION SYSTEMS EXEMPT monthly 14,169 14,878 15,622 16,403 17,223 DIRECTOR OF PARKS, REC & MAINT SERV EXEMPT annual 170,031 178,533 187,460 196,833 206,674 86 CITY ENGINEER EXEMPT hourly 83.7894$ 87.9791$ 92.3779$ 96.9968$ 101.8467$ bi-weekly 6,703 7,038 7,390 7,760 8,148
monthly 14,523 15,250 16,012 16,813 17,653
annual 174,282 182,997 192,146 201,753 211,841
87 DIRECTOR OF FINANCE EXEMPT hourly 85.8843$ 90.1786$ 94.6876$ 99.4217$ 104.3930$ bi-weekly 6,871 7,214 7,575 7,954 8,351
monthly 14,887 15,631 16,413 17,233 18,095
annual 178,639 187,571 196,950 206,797 217,137
88 DIRECTOR OF COMMUNITY DEVELOPMENT EXEMPT hourly 88.0314$ 92.4329$ 97.0545$ 101.9073$ 107.0027$ DIRECTOR OF PUBLIC WORKS EXEMPT bi-weekly 7,043 7,395 7,764 8,153 8,560 monthly 15,259 16,022 16,823 17,664 18,547
annual 183,105 192,260 201,873 211,967 222,566
89 hourly 90.2323$ 94.7438$ 99.4812$ 104.4553$ 109.6778$ bi-weekly 7,219 7,580 7,958 8,356 8,774
monthly 15,640 16,422 17,243 18,106 19,011
annual 187,683 197,067 206,921 217,267 228,130
90 DEPUTY CITY MANAGER EXEMPT hourly 92.4882$ 97.1123$ 101.9680$ 107.0665$ 112.4198$ bi-weekly 7,399 7,769 8,157 8,565 8,994
monthly 16,031 16,833 17,674 18,558 19,486
annual 192,376 201,993 212,093 222,698 233,833
91 ASSISTANT CITY MANAGER EXEMPT hourly 94.8003$ 99.5400$ 104.5174$ 109.7435$ 115.2305$ bi-weekly 7,584 7,963 8,361 8,779 9,218
monthly 16,432 17,254 18,116 19,022 19,973
annual 197,185 207,043 217,396 228,267 239,679
92 hourly 97.1770$ 102.0364$ 107.1321$ 112.4864$ 118.1107$ bi-weekly 7,774 8,163 8,571 8,999 9,449
monthly 16,844 17,686 18,570 19,498 20,473
annual 202,128 212,236 222,835 233,972 245,670
93 hourly 99.6067$ 104.5787$ 109.8092$ 115.2986$ 121.0691$ bi-weekly 7,969 8,366 8,785 9,224 9,686
monthly 17,265 18,127 19,034 19,985 20,985
annual 207,182 217,524 228,403 239,821 251,824
94 hourly 102.0926$ 107.1996$ 112.5539$ 118.1894$ 124.0950$ bi-weekly 8,167 8,576 9,004 9,455 9,928
monthly 17,696 18,581 19,509 20,486 21,510
annual 212,353 222,975 234,112 245,834 258,118
95 hourly 104.6348$ 109.8655$ 115.3661$ 121.1254$ 127.1884$ bi-weekly 8,371 8,789 9,229 9,690 10,175
monthly 18,137 19,043 19,997 20,995 22,046
annual 217,640 228,520 239,962 251,941 264,552
96 hourly 107.2558$ 112.6214$ 118.2457$ 124.1625$ 130.3717$ 2024 Compensation May Be Subject to CalPERS Compensation Limits Beginning at Grade 80/Step 5
44 FOR REFERENCE USE ONLY
CITY OF LATHROP
GRADE- STEP TABLE
Eff. 7/ 06/ 2024
Adopted by Resolution No. 24-____
GRADE CLASSIFICATION UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 bi-weekly 8,580 9,010 9,460 9,933 10, 430
monthly 18, 591 19, 521 20, 496 21, 521 22, 598
annual 223, 092 234, 253 245, 951 258, 258 271, 173
POLICE CHIEF EXEMPT annual 258, 118$
CITY ATTORNEY EXEMPT annual 268, 480$
CITY MANAGER EXEMPT annual 288, 104$
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46 CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM 4. 6
ITEM: GENERAL MUNICIPAL ELECTION - NOVEMBER 5,
2024
RECOMMENDATION: Council to Consider the Following:
1. Adopt Resolution Calling for the Holding of a
General Municipal Election to be held on Tuesday,
November 5, 2024, for the Election of Certain
Officers as Required by the Provisions of the Laws
of the State of California Relating to General Law
Cities;
2. Adopt Resolution Requesting the San Joaquin
County Board of Supervisors to Consolidate a
General Municipal Election to be Held on
November 5, 2024, with the Statewide General
Election to be Held on the Same Date Pursuant To
10403 Of The Elections Code; and
3. Adopt Resolution Adopting Regulations for
Candidates for Elective Office Pertaining to
Candidates Statements Submitted to the Voters at
an Election to be Held on Tuesday, November 5,
2024
SUMMARY:
The 2024 General Municipal Election will be held on Tuesday, November 5, 2024, for the two -year -term Mayor' sseat and two ( 2) four -year -term City Council seats. The terms ending are those of Mayor Dhaliwal, Vice Mayor Diallo, and Councilmember Torres -O' Callaghan.
By statute, a number of actions and decisions must be made by the City Council before the opening of nominations. The City Clerk, as Elections Official, has prepared the attached resolutions for City Council consideration, which will call the election, request consolidation with the County, and establish necessary guidelines.
BACKGROUND:
Pursuant to Lathrop Municipal Code Section 1. 08.10, the City of Lathrop holds its General Municipal Election on the same day as the Statewide General Election. This is the first Tuesday, after the first Monday in November of each even - numbered year.
This year, the date is November 5, 2024. The election will be consolidated with San Joaquin County and the Registrar of Voters will be asked to conduct the election on behalf of the City of Lathrop.
47 CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
GENERAL MUNICIPAL ELECTION — NOVEMBER 5, 2024
PAGE 2
The election services provided by the Registrar of Voters primarily include the printing and mailing of ballots, opening and closing of voting centers, counting of ballots, canvassing of returns and all other proceedings incidental to and connected with the City' s
General Municipal Election, amongst other related services.
In order to initiate the administration of the General Municipal Election as required by the Elections Code, staff is requesting City Council consideration of the attached resolutions. Once adopted, the signed resolutions with be forwarded to the Clerk of the Board of Supervisors for the Board' sapproval, with a copy to the Registrar of Voters. The resolutions are as follows:
1. Resolution Calling for the Holding of a General Municipal Election on Tuesday, November 5, 2024 ( Attachment A)
The Elections Code provides that the City Council shall issue a resolution calling the election. Attached is a resolution calling for the holding of a General Municipal Election in the City of Lathrop on November 5, 2024, for the election of three ( 3) Members of the City Council, for the following terms:
Mayor - Full term of two ( 2) years
Two ( 2) Members of City Council - Full term of four ( 4) years
2. Resolution Requesting the County of San Joaquin to Consolidate the General Municipal Election with the Statewide General Election Attachment B)
The Elections Code provides that the City Council may, by resolution; request that the County Board of Supervisors permit the County Elections Official to render specified services to the City relating to the conduct of an election. The City Clerk will work closely with the San Joaquin County Registrar of Voters for election services. The City reimburse the County for these services upon completion of the work and presentation of an appropriately approved invoice to the City.
3. Resolution Approving Regulations Pertaining to the Candidate Statements ( Attachment C)
The Elections Code provides that the City Council adopt regulations pertaining to the statement prepared by any candidate for the General Municipal Election and to determine whether a charge shall be levied to cover the actual costs of such statement. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words about the candidate' seducation and qualifications as expressed by the candidate. The City Council may authorize an increase in the limitation of words for the statement from 200 to 400 words.
48 CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
GENERAL MUNICIPAL ELECTION — NOVEMBER 5, 2024
PAGE 3
Historically, the City of Lathrop has not authorized the word increase. Staff recommends authorizing the 200 - word limit for this election, in order to avoid increased costs for the statements. It is recommended that any candidate who chooses to submit a candidate statement pay for the costs of translating, printing, and mailing of the candidate statement. Upon submission of nomination papers, candidates would be required to provide a deposit to the City Clerk, payable to the City of Lathrop, for this purpose.
The cost estimate ( Attachment D) is calculated by the San Joaquin County Registrar of Voters, based on the number of registered voters, page formatting and the number of pages of the sample ballot and will be provided to the candidate during the nomination process. For the 2022 Election, the actual cost of printing for candidate statements was $ 562. However, considering rising inflation costs, staff anticipates printing costs for the 2024 Election to be around $ 950, therefore, staff will set the deposit amount at that amount. The candidate shall be refunded any overage or billed for any additional costs within 30 days of the actual accounting of said costs by the San Joaquin County Registrar of Voters.
RECOMMENDATION:
Staff recommends that the City Council adopt the resolutions provided regarding the upcoming General Municipal Election to be held on November 5, 2024, and direct the City Clerk, as Elections Official, to work with the San Joaquin County Registrar of Voters on election preparations and related activities.
FISCAL IMPACT:
The San Joaquin County Registrar of Voters provided a cost estimate for the 2024 Municipal General Election. The estimated cost for the 2024 General Municipal Election is expected to be around $ 64, 000. The City Clerk' s budget for Fiscal Year 2024-025, includes approximately $ 70, 000 for election consolidation services with San Joaquin County. An additional budget amendment is not needed at this time.
However, considering the increase in population the final cost from the San Joaquin County Registrar of Voters may be slightly higher than projected cost estimate. In this case, a budget amendment from the General Fund will be requested during the FY 2024-025 midyear approval process.
49 CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
GENERAL MUNICIPAL ELECTION — NOVEMBER 5, 2024
ATTACHMENTS:
PAGE 4
A. Resolution Calling for the Holding of a General Municipal Election on Tuesday, November 5, 2024
B. Resolution Requesting the County of San Joaquin to Consolidate the General Municipal Election with the Statewide General Election
C. Resolution Approving Regulations Pertaining to the Candidate Statements D. Election Cost Estimate Provided by the San Joaquin County Registrar of Voters, dated June 3, 2024
50 CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
GENERAL MUNICIPAL ELECTION — NOVEMBER 5, 2024
APPROVALS:
esa Vargas
Government Services Director
City Clerk
1' ' riff
bielottizzi
PAGE 5
Date
CQ/ L/ /- 76- 1q
Cari James Date
Finance Director
6 y-ZO 1-y
Salvador Navarrete Date
City Attorney
Ste J. Salvatore Date
City Manager
51 Attachment A
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the election of Municipal Officers;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Lathrop, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing a Mayor for the full term of two ( 2) years beginning December 2024 and ending December 2026); and two ( 2) Members of the City Council for the full term of four ( 4) years ( beginning December 2024 and ending December 2028).
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of San Joaquin Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o' clock a. m. of the day of the election and shall remain open continuously from that time until eight o' clock p. m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
Resolution No. 24- Page 1 of 2
52 SECTION 7. That in the event of a tie vote ( if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of San Joaquin Registrar of Voters, the City Council, in accordance with Election Code § 15651( a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
PASSED, APPROVED, AND ADOPTED ON the 10th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney APPROVED AS TO FORM:
Resolution No. 24 - Page 2 of 2
53 Attachment B
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF SAN JOAQUIN TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Lathrop called a General Municipal Election to be held on November 5, 2024, for the purpose of the election of a Mayor for the full term of two ( 2) years ( beginning December 2024 and ending December 2026) and two ( 2) Members of the City Council for the full term of four ( 4) years beginning December 2024 and ending December 2028); and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City, the precincts, polling places and election officers of the two elections be the same, and that the County Election Department / Registrar of Voters of the County of San Joaquin canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Joaquin is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of a Mayor for the full term of two ( 2) years ( beginning December 2024 and ending December 2026) and two ( 2) Members of the City Council for the full term of four ( 4) years ( beginning December 2024 and ending December 2028).
SECTION 2. That the County Election Department / San Joaquin County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Election Department / San Joaquin County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. That the City of Lathrop recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of San Joaquin for any election related costs.
Resolution No. 24- Page 1 of 2
54 SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Election Department / Registrar of Voters of the County of San Joaquin.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON the 10th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 24- Page 2 of 2
55 Attachment C
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Lathrop on November 5, 2024, may prepare a candidate' sstatement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate' seducation and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate' s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5: 00 p. m. of the next working day after the close of the nomination period.
SECTION 2. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of San Joaquin. The County is required to translate candidate statements into Spanish.
B. The County will print and mail voter information guides and candidate statements to all voters in English and Spanish. The County will make the voter information guides and candidate statements in the required languages available at all polling places, on the County' swebsite and in the Election Official' soffice.
SECTION 3. PAYMENT.
A. Translations
1. The candidate shall be required to pay for the cost of translating the candidate' sstatement into any required foreign language as specified in ( A) and ( B) of Section 2 above, pursuant to Federal and/ or State law.
Resolution No. 24- Page 1 of 3
56 2. The candidate shall be required to pay for the cost of translating the candidate' sstatement into any foreign language that is not required as specified in ( A) and ( B) of Section 2 above, pursuant to Federal and/ or State law, but is required as an option by the candidate.
B. Printing
1. The candidate shall be required to pay for the cost of printing the candidate' sstatement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidate' sstatement in a foreign language required in ( A) of Section 2 above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the candidate' sstatement in a foreign language requested by the candidate per ( B) of Section 2 above, in the main voter pamphlet.
4. The candidate shall be required to pay for the cost of printing the candidate' sstatement in a foreign language required by ( A) of Section 2 above, in the facsimile voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 ( as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election, or the date of the final billing from the County.
SECTION 4. MISCELLANEOUS.
A. All translations shall be provided by professionally -certified translations.
B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
Resolution No. 24- Page 2 of 3
57 SECTION 6. That the City Clerk shall provide each candidate or the candidate' s representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 7. That all previous resolutions establishing Council policy on payment for candidate statements are repealed.
SECTION 8. That this resolution shall apply only to the election to be held on November 5, 2024, and shall then be repealed.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED the 10th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 24- Page 3 of 3
58 Attachment D
SAN JOAQUIN
COUNTY
June 3, 2024
City of Lathrop
390 Towne Centre Dr.
Lathrop, CA 95330
Attention Teresa Vargas:
Hello Teresa,
Registrar of Voters
Olivia Hale, Registrar of Voters
Eric Diaz, Assistant Registrar of Voters
Thank you for contacting our office regarding cost estimates for the upcoming November 2024 Presidential General Election. You have inquired about cost estimates for three ( 3) contests which include the following: Mayor and two (2) City Councilmembers. Please see the following estimates for the contests and measures you have specified.
Measure Estimates*
The cost range for one measure: No measure estimate requested at this time.
These cost estimates are based on several variable factors including, but not limited to, historical data from the last several like elections, the current and projected number ofregistered voters in the city/ district, the length of the measure, the price to print each page of the measure, and how many total city/ district contests or measures will be on the ballot ( which determines the total billable costs to the cities/ districts).
Does not include the potential costs for Publication ofLegal Notices related to the Measure/ Contest. Should any such legal notices be required, the related costs would increase the billed election cost, accordingly.
Contest Estimates*
Here are the cost estimates for each seat:
Mayor - $ 62, 000
City Council Seat 1 - $ 1, 000-$ 4, 000 (Economies of Scale factor due to first contest) City Council Seat 2 - $ 1, 000-$ 4, 000 (Economies of Scale factor due to first contest) Does not include the potential costs for Publication ofLegal Notices related to the Measure/ Contest. Should any such legal notices be required, the related costs would increase the billed election cost, accordingly.
Similarly to the measure estimates, the cost estimates for the contests are based on several variable factors including, but not limited to, historical data from the last several like elections, the current and projected number ofregistered voters in the city/ district, how many total 44 N. San Joaquin Street, Suite 350 1 Stockton, California 95202 1 T 209 468 8683 1 F 209 468 9534 59 SAN JOAQUIN
COUNTY
Registrar of Voters
Olivia Hale, Registrar of Voters
Eric Diaz, Assistant Registrar of Voters
city/ district contests or measures will be on the ballot (which determines the total billable costs to the cities/ districts), and other associated costs and factors.
It is important to note that these estimates are preliminary, not final, and are subject to change based on the variable data. Please see our disclaimer** below for more information.
If you have any questions, feel free to reach out to me at ( 209) 953- 1073 or via email at tparry( asjgov. org.
Thank you for entrusting us with this important task. We look forward to assisting you in ensuring a smooth and successful electoral process for the upcoming November 2024 Presidential General Election.
Sincerely,
Trevor Parry
Management Analyst II
San Joaquin County Registrar of Voters
As a general disclaimer, the following cost estimates are based on information available at the time of estimation. These estimated costs are based on data from recent like elections and actual costs may vary depending on factors such as an increase in registered voters, inflation, cost of living increases, and other current market trends and data.
While we make every effort to provide accurate estimates, this is not a contract, and the final costs may differ from the quoted price. This estimate is provided for informational purposes only and does not constitute a binding agreement. We cannot be held legally liable for any discrepancies between the estimated costs and the final invoice.
The San Joaquin County Registrar of Voters Office is currently in the process of reviewing its election billing policies & procedures in order to ensure that best practice is followed and that our methodology is in accordance with industry standards. There is a possibility that a new methodology may be adopted, which would affect the amount billed to cities and districts. Please take this into consideration as the upcoming election approaches. 44 N. San Joaquin Street, Suite 350 1 Stockton, California 95202 1 T 209 468 8683 1 F 209 468 9534 60 ITEM 4. 7
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD AGREEMENT TO THE MANTECA BULLETIN
FOR PUBLICATION OF LEGAL ADVERTISEMENTS
RECOMMENDATION: Adopt Resolution Awarding Agreement to the Manteca Bulletin for Publication of Legal
Advertisements for the Period of July 1, 2024
through June 30, 2025
SUMMARY:
In accordance with Public Contract Code Section 20169, annually, before the beginning of the fiscal year in cities where there is more than one newspaper of general circulation, a notice inviting bid proposals and agreement for the publication of legal notices is required to be published in such a newspaper. The contract shall include the printing and publishing of all such legal notices during the fiscal year.
If there is only one such newspaper, the legislative body may contract with it without advertising for bids. However, there is no such newspaper operating directly within the City of Lathrop and staff relies on nearby adjudicated newspapers of general circulation to bid on the agreement yearly.
BACKGROUND:
Currently, the City of Lathrop is utilizing the legal advertising services of the Manteca Bulletin as the newspaper of general circulation, pursuant to Resolution No. 23- 5298.
On May 15 and May 24, 2024, a notice inviting bid proposals was published in the Manteca Bulletin, requiring a response by 2: 00 p. m. on May 31, 2024, to the Office of the City Clerk. Included in the bid packet was a sample legal advertisement that each potential advertising company was to price and return based on their costs. The City Clerk received one bid proposal, from the Manteca Bulletin, as outlined below.
ANALYSIS:
Generally, public notices required by various City and State laws must be published in a " newspaper of general circulation." The Manteca Bulletin, the only newspaper that provided a proposal has been adjudicated as a newspaper of general circulation within San Joaquin County.
Case law indicates that the City Council has the discretion to award the legal advertising agreement based on a totality of factors, including price, circulation, and publication dates. As noted in the table below, the Manteca Bulletin was the only bid proposal received and meets all the minimum requirements. Additionally, the Manteca Bulletin has been a consistent bidder throughout past fiscal years. 61 CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS FOR FY 24-5 Newspaper Price
per
line
Manteca $ 1. 62
Bulletin
Total
Lines of
Sample Ad
65 Lines
of sample
ad)
Price Total
per Cost for
column Sample
inch Ad
94. 50 $ 105. 00
print
10. 50
online
REASON FOR RECOMMENDATION:
Lead time
for
publication
Two ( 2)
Business
Days
Minimum
PAGE 2
Publication
days
Tuesday -
Saturday;
No Holidays;
Circulation
Subscribers
90 paper
subscribers
registered;
5, 939 total
circulation
Prior FY
customer
data)
The City has been consistently doing business with the Manteca Bulletin for the last ten ( 10) fiscal years. The Manteca Bulletin has provided consistent quality customer service, and assistance during urgent publication request. Additionally, the Manteca Bulletin has maintained reasonable publication fees, which are consistent with prior agreements. The proposal submitted by the Manteca Bulletin will continue to meet the needs of the City. Therefore, staff recommends City Council approval of the attached agreement with the Manteca Bulletin for publication of legal advertisements for the period of July 1, 2024 through June 30, 2025.
FISCAL IMPACT:
Funds for legal advertising in FY 2024-5 are included as an estimate in the new Fiscal Budget for 2024-5, based on prior year expense trends. Lastly, legal notices related to private and/ or developer projects are requested for reimbursement from related developer accounts or as a one- time payment from private entities.
ATTACHMENTS:
A. Resolution Awarding Agreement for Publication of Legal Advertisements B. Copy of Proposal Received by Manteca Bulletin
C. Agreement with Manteca Bulletin for FY 2024-5
62 CITY MANAGER' S REPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS FOR FY 24-5 APPROVALS:
resa Vargas
Government Services Director /
City Clerk
ze/( f/aF
Cari James Date
Finance Director
ce• s-z4-
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
63 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING
AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS TO THE MANTECA BULLETIN FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2025
WHEREAS, a notice inviting bids was published in the Manteca Bulletin, the current newspaper of general circulation, requiring a response by 2: 00 p. m. on May 31, 2024; and
WHEREAS, the City received one bid proposal from the Manteca Bulletin; and WHEREAS, City staff recommends approval of the bid proposal submitted by the Manteca Bulletin as the bid proposal continues to meet the needs of the City based on its cumulative considerations of price and lead time for publications; and WHEREAS, the Manteca Bulletin has been adjudicated within San Joaquin County as a newspaper of general circulation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby finds that the bid proposal submitted by the Manteca Bulletin continues to meet the needs of the City for legal advertising services for period of July 1, 2024 through June 30, 2025; and
BE IT FURTHER RESOLVED that the City Council awards an agreement to the Manteca Bulletin for legal advertising services for said period.
The foregoing resolution was passed and adopted this 10th day of June 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-
64 CITY OF LATH RO P
BID PROPOSAL
Lines per column inch
Price per column inch
Total cost to publish " Attachment A" $
1Q5 fInes/,, i'aj,,jejj //44 /vSe
1'/50 - /060 -On 1ioe
v5
Day( s) of week published Mon Er6es weds l Thurs l3rri ' S` at Sun check all that apply)
Required lead time for publication Eve - 71- A; mom/ .6' 140; c/ Example of lead time: For publication on
ea9f
July 0, 202 (
s ,, ,
or your publishing
09, ae, e
day
nearest), copy of notice would be required to be submitted no later than kicia4 j J 5 2ca Li&& e //
day, time, date)
Lead time for retractions or corrections
City of Lathrop circulation
Separate by print and online subscribers)
Total circulation
Proposal submitted by:
Date
2. 09. n itdil' AUCtfa moron rma -n . 1 ! eJrrl
Company Name
5L4 2O3
Address, City, State and Zip Code
Phone Number Fax Number E- mail
51 31 innalleeezheiM-). 0-Ya7
Auuhorizell Signature RePR Ve
Printed Name & Title
65 CITY OF LAT H RO P
ATTACHMENT A"
SAMPLE LEGAL AD)
CITY OF LATHROP
PUBLIC HEARING NOTICE
Notice is hereby given that the City of Lathrop City Council will hold a Public Hearing at their next Regular Meeting to consider the following matter. Said meeting will be held at 7: 00 p. m., Monday, August 12, 2024, City Hall Council Chamber, 390 Towne Centre Dr., Lathrop, California; as noticed by the City. All persons having an interest in this matter are invited to be present to testify in person, or to submit statements in person at the meeting or in writing prior to the hearing.
PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 10, CHAPTER 10. 24, SECTION 10. 24. 030 DESIGNATED NO PARKING AREAS
OF THE LATHROP MUNICIPAL CODE
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Introduction and First Reading of an Ordinance of the City Council of the City of Lathrop to Consider Amending Title 10, Chapter 10. 24, Section 10. 24. 030 Designated No Parking Areas of the Lathrop Municipal Code If you challenge any decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City Council at, or prior to, the meeting.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call ( 209) 941- 7230. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.
For more information, contact the Public Works Development Department, 390 Towne Centre Drive, Lathrop, CA 95330. Phone: ( 209) 941- 7430. Fax: ( 209) 941- 7449. Email: website pwk@ci. Iathrop. ca. us.
TERESA VARGAS, MMC
CITY CLERK OF THE CITY OF LATHROP
66 MANTECA BULLETIN
P. O. BOX 1958, • 531 E. YOSEMITE AVE„ MANTECA, CA95336- 1958 • MAIN 209-49- 3500. FAX - 209-49- 3559 CITY OF LATHROP/ CITY CLERK Classified Insertion Order
MB# Quote Sample Legal Ad " ATTACHMENT A"
Contact:
Address: CITY OF LATHROP/ CITY CLERK
390 TOWNE CENTRE DRIVE
Attn: Teresa Vargas
LATHROP CA 95330
Sales Rep: MB - Liz Mora
Phone: 209- 941- 731
Email: tvargascci. lathrop. ca. us
Fax: 209- 941- 7229
Order Date: 5/ 16/ 2024
Order Number: 146503
Tear Sheets:
Advertiser No:
1 150
Noy ofRuns 5cr11 0 rice
6/ 29/024 6/ 29/024 3 3 MB# Quote Sample Legal Ad " Miscellaneous Legals ATTACHMENT A"
Publications: 209M - Marketplace 209, MB - Manteca Bulletin, MB - Manteca Bulletin Online CITY OF LATHROP " ATTACHMENT A" (SAMPLE LEGAL AD) CITY OF LATHROP PUBLIC HEARING NOTICE Notice is hereby given that the City of Lathrop City Council will hold a Public Hearing at their next Regular Meeting to consider the following matter. Said meeting will be held at 7: 00 p. m., Monday, August 12, 2024, City Hall Council Chamber, 390 Towne Centre Dr., Lathrop, CA, as noticed by the City. All persons having an interest in this matter are invited to be present to testify in person, or to submit statements in person at the meeting or in writing prior to the hearing. PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 10, CHAPTER 10. 24, SECTION 10. 24. 030 DESIGNATED NO PARKING AREAS OF THE LATHROP MUNICIPAL CODE Council to Consider the Following: 1.
Hold a Public Hearing; and 2. Introduction and First Reading of an Ordinance of the City Council of the City of Lathrop to Consider Amending Title 10, Chapter 10. 24, Section 10. 24. 030 Designated No Parking Areas of the Lathrop Municipal Code If you challenge any decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City Council at, or prior to, the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (209) 941- 7230. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. For more information, contact the Public Works Development Department, 390 Towne Centre Drive, Lathrop, CA 95330. Phone: ( 209) 941- 7430. Fax: (209) 941- 7449. Email: website_ pwkcci. lathrop. ca. us. TERESA VARGAS, MMC CITY CLERK OF THE CITY OF LATHROP Publication Date: 06/ 29/4 Quote
6.354 Inches 105. 00
Run Count: 3 Publication Count: 3
authorization _'
Printed Name
Ise
SubTotal:
Total Price:
105. 00
105. 00
Signature
67 CITY OF LATHROP
ATTACHMENT A"
SAMPLE LEGAL AD)
CITY OF LATHROP
PUBLIC HEARING NOTICE
Notice is hereby given that the City of
Lathrop City Council will hold a Public
Hearing at their next Regular Meeting to
consider the following matter. Said
meeting will be held at 7: 00 p. m.,
Monday, August 12, 2024, City Hall
Council Chamber, 390 Towne Centre Dr.
Lathrop, CA, as noticed by the City. All
persons having an interest in this matter
are invited to be present to testify in
person, or to submit statements in
person at the meeting or in writing prior
to the hearing.
PUBLIC HEARING ( PUBLISHED NOTICE)
TO CONSIDER AN ORDINANCE
AMENDING TITLE 10, CHAPTER 10. 24,
SECTION 10. 24. 030 DESIGNATED NO
PARKING AREAS OF THE LATHROP
MUNICIPAL CODE
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Introduction and First Reading of an
Ordinance of the City Council of the City
of Lathrop to Consider Amending Title
10, Chapter 10. 24, Section 10. 24. 030
Designated No Parking Areas of the
Lathrop Municipal Code
If you challenge any decision of the City
Council in court, you may be limited to
raising only those issues you or
someone else raised at the meeting
described in this notice, or in written
correspondence delivered to the City
Council at, or prior to, the meeting.
In compliance with the Americans with
Disabilities Act, if you need special
assistance to participate in this meeting,
please call (209) 941- 7230. Notification
48 hours prior to the meeting will
enable the City to make reasonable
arrangements to ensure accessibility.
For more information, contact the Public
Works Development Department, 390
Towne Centre Drive, Lathrop, CA 95330.
Phone: (209) 941- 7430. Fax: (209)
941- 7449. Email:
website pwkOci, lathroo. ca. us
TERESA VARGAS, MMC
CITY CLERK OF THE CITY OF LATHROP
Publication Date: 06/ 29/4
Quote
68 ATTACHMENT
CITY OF LATHROP
AGREEMENT FOR PUBLICATION OF LEGAL NOTICES
THIS AGREEMENT is between the City of Lathrop, a municipal corporation of the State of California ( City), and the Manteca Bulletin, a newspaper of general circulation, as defined in Section 6008 of the Government Code.
RECITALS
The City requires the services of a newspaper of general circulation for the purpose of publishing legal notices.
THEREFORE, the City and the Manteca Bulletin agree as follows:
1. Independent Contractor Status: The Manteca Bulletin is an independent contractor. Nothing in this agreement shall, in any way, be construed to mean that the Manteca Bulletin any of its agents or employees are agents, employees or representatives of the City.
2. Services to be Provided: The Manteca Bulletin shall provide services in connection with publishing legal notices for the City as specified in the attached proposal ( Exhibit A). In addition, it is further agreed that the Manteca Bulletin will provide proof of each notice for approval by the City Clerk' s Office or Planning Division prior to publication.
It shall be noted that this is a non- exclusive contract and the City retains the right to publish in other local newspapers as deemed necessary and advisable.
3. Termination: The City and the Manteca Bulletin agree that the City may terminate this Agreement at any time before the normal expiration of the term by giving thirty ( 30) days written notice.
4. Assignment: The Manteca Bulletin shall not assign this contract or any portion thereof without express written approval of the City.
5. Term: The term of this agreement shall commence July 1, 2024 or upon acceptance of this agreement by both parties, whichever is later, and shall terminate at the end of the fiscal year, June 30, 2025.
6. Payment: The Manteca Bulletin billing to the City shall contain the legal notice number, date published, number of lines, and cost per line as specified in attached Exhibit A.
69 CITY OF LATHROP
7. Billing statements shall be submitted to:
Teresa Vargas, MMC
Government Services Director / City Clerk
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Correspondence/ notices regarding this agreement should be directed to:
Teresa Vargas, MMC, City Clerk
Government Services Director
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Approved as to Form:
Accepted by:
Attested by:
Contractor:
Liz Mora, Representative
Legal Advertising
Manteca Bulletin
1215 W. Center St., Suite 203
Manteca, CA 95337
City of Lathrop, City Attor ey
Salvador Navarrete
City of Lathrop, City Manager
f.s- 49LI
Date
Stephen 3. Salvatore Date
Government Services Director / City Clerk
Teresa Vargas Date
209 Multimedia Corporation - Manteca Bulletin
Print Name Title
Signature Date
70 ITEM 4. 8
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO LAWRENCE
BACKHOE SERVICE, INC. FOR CONSTRUCTION OF CIP
GG 22- 03 CITYWIDE FIBER OPTIC IMPROVEMENTS
RECOMMENDATION: Adopt Resolution to Award a Construction Contract to Lawrence Backhoe Service, Inc. for Construction of
CIP GG 22- 03 Citywide Fiber Optic Improvements
SUMMARY:
On June 14, 2021, City Council approved the creation of Capital Improvement Project CIP) GG 22- 03 Citywide Fiber Optic Improvements to connect City Hall and the Corporation Yard to existing and future City Facilities via fiber optic lines installed in new and existing conduit runs. The next phase of this project is the connection of Louise Avenue to Lathrop Road via McKinley Avenue ( Project). The scope of work consists of the installation, integration of fiber optic cable and the procurement and installation of new fiber optic pull boxes along McKinley Avenue extending from Louise Avenue to Lathrop Road including trenching west into the McKinley Avenue Waste Water Pump Station and a directional bore east to Park Street.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on April 18, 2024, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)
2. 36. 060. The City Clerk received and opened six ( 6) bids on May 2, 2024. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be Lawrence Backhoe Service, Inc. with a bid of $ 267, 568.
Staff requests City Council award a construction contract to Lawrence Backhoe Service for construction of the Project in the amount of $ 267, 568 and authorize a 20% construction contingency of $ 53,13 for a total cost not to exceed $ 321, 081.
Sufficient Funds have been budgeted for project GG 22- 03 in FY 23/4 and FY 24/5 to cover the cost of the project.
BACKGROUND:
Staff identified the need to expand its network capabilities to be able to accommodate existing and new facilities such as police, fire, pump stations, wells, security cameras and traffic signals that are essential to the daily management of City businesses, resources and security. The expansion of fiber optic network will allow City Staff to remotely communicate and monitor these facilities and will provide compliance with the Department of Homeland Security requirements.
71 CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO LAWRENCE BACKHOE SERVICE, INC.
FOR CONSTRUCTION OF CIP GG 22- 03 CITYWIDE FIBER OPTIC
IMPROVEMENTS.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on April 18, 2024, in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.
Six ( 6) bids were received; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
Contractor Base Bid
Lawrence Backhoe Service, Inc. 267, 568
Bockmon & Woody Electric Co, Inc. 320, 10
St. Francis Electric, Inc. 340, 70
Lasar Electric, Inc. 368, 977
Ray' s Electric, Inc. 399, 750
Mike Brown Electric Inc. 440, 990
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Lawrence Backhoe Service. Staff requests City Council adopt a resolution awarding a construction contract to Lawrence Backhoe for $ 267, 568.
Staff also requests City Council authorize a 20% construction contingency of $ 53,13 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 321, 081.
REASON FOR RECOMMENDATION:
Construction of the ( Project) will allow for new City Facilities and Traffic signals to be connected to the City' s network and will establish compliance with the Department of Homeland Security.
FISCAL IMPACT:
No fiscal impact, sufficient funds have been budgeted for project GG 22- 03 in FY 23/4 and FY 24/5 to cover the cost of the project.
ATTACHMENTS:
A. Resolution to Award a Construction Contract to Lawrence Backhoe Service Inc. for Construction of CIP GG 22- 03 Citywide Fiber Optic Improvements B. Construction Contract with Lawrence Backhoe Service Inc. for Construction of CIP GG 22- 03 Citywide Fiber Optic Improvements.
72 CITY MANAGER' SREPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO LAWRENCE BACKHOE SERVICE, INC.
FOR CONSTRUCTION OF CIP GG 22- 03 CITYWIDE FIBER OPTIC
IMPROVEMENTS.
APPROVALS:
6/ tiAAaAI
Carlos Carrillo Date
Management Analyst
4, AeL- - q- 20$4i
Ken Reed Date
Senior Construction Manager
ernandes Date
Director of Information Systems
Brad jylor
City Engineer
Cari Jam
Director bf ' inance
Michael King '
Assistant City Manager
6A- lito
Date
1/ l/ao6q
Date
Y• Zo2` i
Date
ev. zoty
Salvador Navarrete Date
City Attorney
Ste• - n J. Salvatore
City Manager
lo• 5•Z9-
Date
73 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AWARD A CONSTRUCTION CONTRACT TO LAWRENCE BACKHOE SERVICE INC. FOR CONSTRUCTION OF CIP GG 22- 03 CITYWIDE FIBER OPTIC IMPROVEMENTS WHEREAS, on June 14, 2021, City Council approved the creation of Capital Improvement Project ( CIP) GG 22- 03 Citywide Fiber Optic Improvements to connect City Hall and the Corporation Yard to existing and future City Facilities via fiber optic lines installed in new and existing conduit runs; and
WHEREAS, the scope of work consists of the installation, integration of fiber optic cable and the procurement and installation of new fiber optic pull boxes along McKinley Avenue extending from Louise Avenue to Lathrop Road including trenching west into the McKinley Avenue Waste Water Pump Station and a directional bore east to Park Street ( Project); and
WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on April 18, 2024, in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060; and WHEREAS, six ( 6) bids were received and opened on May 2, 2024; and WHEREAS, staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Lawrence Backhoe Service. Staff requests City Council adopt a resolution awarding a construction contract to Lawrence Backhoe for $ 267, 568; and
WHEREAS, staff also requests City Council authorize a 20% construction contingency of $ 53,13 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 321, 081.
WHEREAS, staff requests City Council award a construction contract to Lawrence Backhoe Service for construction of the Project in the amount of $ 267, 568 and authorize a 20% construction contingency of $ 53,13 for a total cost not to exceed $ 321, 081; and
WHEREAS, no fiscal impact, sufficient funds have been budgeted for project GG 22- 03 in FY 23/4 and FY 24/5 to cover the cost of the project; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Lawrence Backhoe Service, Inc. for construction of CIP GG 22- 03 Citywide Fiber Optic Improvements McKinley Ave. Fiber Optic Extension for a cost of $ 267, 568; and 74 BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 20% construction contingency of $ 53,13 for a total cost not to exceed $ 321, 081 for construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project. 75 The foregoing resolution was passed and adopted this 10th day of June 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:
Salvador Navarrete, City Attorney
76 ATTACj, HMENT4.
CONSTRUCTION CONTRACT
This Contract, dated June 10, 2024, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Lawrence Backhoe Service, Inc.
Contractor), whose Taxpayer Identification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for McKinley Ave. Fiber Optic Extension, CIP GG 22- 03 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract is generally described as, but not necessarily limited to the procurement, installation, integration and testing of fiber optic cable.
Excavating, trenching and backfilling to install B2436 pull boxes with traffic rated lids along McKinley Ave, extending from Louise Ave to Lathrop Rd. Trenching West into the McKinley Ave Waste Water Pump Station and East into Park St. and Lathrop Rd. for new conduit and Fiber Optic installation.
The work shall be completed within 60 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 267, 568 (TWO HUNDRED SIXTY SEVEN THOUSAND,
FIVE HUNDRED SIXTY EIGHT DOLLARS)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by Lawrence Backhoe Service, Inc. on May 2, 2024. For the purposes of construing, interpreting and resolving inconsistencies between the provisions ofthis Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions. 77 4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s
personal property or the personal property of any
person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements effecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager 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.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall 78 any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' sproposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' sconsent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
79 Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' sobligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked 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 public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
80 1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. Ifthe requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by 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 Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty ofOne- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. 1A.
81 11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7)
8)
9)
Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability to perform under the Contract;
10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 82 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, 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, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City:
Copy to:
To Contractor:
City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: (209) 941- 7363
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
83 Mailing Address:
Phone:
Email:
ATTN:
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract 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. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 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 this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract 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.
84 11) Resolution. Contractor shall submit with its Bid a copy of any corporate or
partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract 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.
16) 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.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 85 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR 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 CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' sapproval with resolution.
86 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
Resolution No:
APPROVED. AS TO FO
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
END OF SECTION)
Stephen J. Salvatore, City Manager
87 SECTION 00300
MCKINLEY AVE. FIBER OPTIC EXTENSION
CIP GG 22- 03
BID PROPOSAL FORMS
MCKINLEY AVE FIBER OPTIC EXTENSION, CIP GG 22- 03
BASE BID SCHEDULE
BID
ITEM
DESCRIPTION QUANTITY UNITS
UNIT
PRICE
EXTENDED
TOTAL
1 Mobilization 1 LS 10, 000 10, 000
2 Traffic Control 1 LS 54, 458 54, 458
3 Erosion and Sediment Control Plan 1 LS 3, 500 3, 500
5 Furnish and Install B2436 pull boxes
with traffic rated lids
10 EA 3, 866 38, 660
6 Furnish and Install ( 3) 2" Smooth
Wall Schedule 40 Inner -ducts and
tracer wire
18000 LF
7. 10 127, 800
7 Trenching/ Boringand backfilling 150 LF 150 22, 500
8 Furnish and install 2" schedule 40
conduit
150 LF 7. 20 1, 080
9 Furnish and Pour Concrete 6 YD 1, 595 9, 570
TOTAL BID
267, 568. 00
TOTAL BASE BID: $ 267, 568. 00
TOTAL BASE BID IN WORDS: Two hundred sixty seven thousand, five hundred sixty eight BID ALTERNATE 1
BID
ITEM
DESCRIPTION QUANTITY UNITS
UNIT
PRICE
EXTENDED
TOTAL
1 Furnish and install ( 2) 72 Strand fiber optic
cable
12000 LF 4.5 53, 400
2 Furnish and install splice closure 3 EA 11, 850 34, 740 3 Fiber splicing and testing 1 LS 39, 245 39, 245
TOTAL BID ALT 1: $127, 385. 00
TOTAL BID ALT 1 IN WORDS: One hundred twenty seven thousand, three hundred eighty five 00300- 2
88 ITEM 4. 9
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
RATIFY PURCHASE OF DATA CENTER
INFRASTRUCTURE AND FIREWALLS, RATIFY
SERVICE CONTRACT WITH SOLID NETWORKS
INC., AND APPROVE BUDGET AMENDMENT FOR
THE POLICE DEPARTMENT EVIDENCE
BUILDING SERVERS, CIP GG 21- 13
Adopt a Resolution Ratifying Purchase of Data
Center Infrastructure and Firewalls, Ratify
Service Contract with Solid Networks Inc.,
and Approve Related Budget Amendment
for the Lathrop Police Department Evidence
Building Servers, CIP GG 21- 13
SUMMARY:
On June 12, 2023, the Lathrop City Council approved the budget and awarded the contract for the construction of an evidence building for the Lathrop Police Department ( LPD). The construction is nearing completion, with only the installation of crucial technological components remaining. These components include data center infrastructure, servers, firewalls, and switches, which are essential for the operational functionality and security of the building.
The procurement process for these technologies involved soliciting proposals from twelve vendors, with Solid Networks Inc. providing the lowest quotes for the necessary equipment. To prevent any project delays, the City Manager proactively approved the purchase orders and service contract with Solid Networks Inc. in April and May 2024 for the data center infrastructure, firewalls, and servers.
However, due to the purchase of various other technological components authorized under the City Manager' ssigning authority from other vendors for this project, the current budget has become insufficient to cover all necessary technological expenses.
As a result, a budget amendment of $ 770, 00 is now being requested. Staff also seeks City Council' sratification of the purchases and service contract with Solid Networks Inc., totaling $ 412, 656, to ensure the facility operates efficiently and remains compliant with federal and state security policies.
BACKGROUND:
The construction of the new Lathrop Police Department ( LPD) Evidence Building, approved by the City Council on June 12, 2023, is nearing completion, with only the installation of the necessary technological components remaining. These components are vital to the functionality and security of the new facility and include the data center infrastructure, servers, switches, and firewalls. 89 CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
RATIFY PURCHASE OF DATA CENTER INFRASTRUCTURE AND FIREWALLS, RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC., AND APPROVE
BUDGET AMENDMENT FOR THE POLICE DEPARTMENT EVIDENCE BUILDING SERVERS, CIP GG 21- 13
Data Center Infrastructure: This facility will serve as the central storage and management hub for all servers, firewalls, switches, and networking equipment for the LPD Evidence Building. It includes physical racks equipped with cooling systems to house all critical equipment securely. An Uninterrupted Power Supply ( UPS) system is integrated to ensure continuous power during outages, safeguarding data integrity and operational continuity.
Servers: As the backbone of the City' s information systems network, servers store data and manage security configurations essential for user operations. To comply with US Department of Justice ( DOJ) regulations, the LPD must maintain its data on separate servers from the rest of the City' s network. This segregation is critical to ensure security and integrity for sensitive law enforcement data.
Video Recording Servers: These are specifically to support the surveillance system approved by the City Council for the LPD Evidence Building. These servers will store the video from the surveillance cameras installed throughout the LPD Evidence Building. Each surveillance system requires it' s own video recording server to support and retain the video recorded.
Firewalis: These devices are crucial for protecting the City' s network from unauthorized access and security threats. They function by creating a barrier between secure internal network and external networks meticulously monitoring and controlling incoming and outgoing traffic based on stringent security protocols.
The installation of these necessary technological components in the new LPD Evidence Building is critical to safeguarding the network. It ensures that the LPD Evidence Building operates efficiently and remains compliant with federal and state security standards, protects sensitive data and supports the City' s police department' soperational needs.
Despite extensive outreach for proposals on this project, response rates from vendors have been low, as detailed in Tables 1 through 4 below. Only a limited number of vendors have engaged with this opportunity, reflecting the specialized nature of the required equipment.
Table 1 - Main Servers
1 Solid Networks 153, 729. 9
2 Staples Technology 313, 682. 91
3 Zayn Tek Vendor Responded as Not Providing a Proposal 4 Smile BPI Vendor Responded as Not Providing a Proposal 90 CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
RATIFY PURCHASE OF DATA CENTER INFRASTRUCTURE AND FIREWALLS, RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC., AND APPROVE
BUDGET AMENDMENT FOR THE POLICE DEPARTMENT EVIDENCE BUILDING SERVERS, CIP GG 21- 13
Table 2 - Video Servers
PAGE 3
1 Solid Networks 110, 788. 92
2 Gov Connection Vendor Responded as Not Providing a Proposal 3 Smile BPI Vendor Responded as Not Providing a Proposal 4 CDW- G No Response
Table 3 - Data Center Infrastructure
1 Solid Networks 55,28. 24
2 Gov Connection 88, 482. 58
3 Smile BPI No Response
4 GHA No Response
Table 4 - Firewall
1 Solid Networks 92, 609. 28
2 Gov Connection 134, 963. 16
3 Zayn Tek No Response
4 Smile BPI No Response
Vendor Selection and Costs:
Solid Networks Inc. provided the lowest priced quotes for all required technical equipment, amounting to a total of $412, 656. 43. The City Manager proactively signed approval for the purchase orders and service contracts with Solid Networks Inc. for the data center infrastructure, firewalls, and servers in April and May 2024. This early action was taken due to the long lead times for this equipment, ensuring the project would not face unnecessary delays. At that time, staff did not present these purchases and service contracts to the City Council, as we were awaiting proposals for other technological equipment to accurately determine the total cost of all required technical components for this project. The expenses for all other technical components fall within the City Manager' ssigning authority for various vendors.
Budget Considerations:
Due to a catastrophic earthquake in Taiwan, a major hub for technology manufacturing and distribution, there have been increases in lead times and costs for technological equipment. This has impacted the budget for the LPD Evidence Building' stechnology needs. Other technological and basic operational equipment, such as computers and monitors for staff use, have been approved by the City Manager under his signing authority from various vendors pursuant to LMC 2. 36. 110.
These expenses have accumulated to approximately $ 770, 00. Given that the current budget for CIP GG 21- 13 does not sufficiently cover all the required technology for the LPD Evidence Building, staff is requesting a budget amendment to cover these technical expenses of $770, 00.
91 CITY MANAGER' S REPORT PAGE 4
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
RATIFY PURCHASE OF DATA CENTER INFRASTRUCTURE AND FIREWALLS, RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC., AND APPROVE
BUDGET AMENDMENT FOR THE POLICE DEPARTMENT EVIDENCE BUILDING SERVERS, CIP GG 21- 13
REASON FOR RECOMMENDATION:
The requested technology infrastructure is crucial for the operational functionality and security of the new LPD Evidence Building. These components, including servers and firewalls, ensure efficient and reliable operations in compliance with Department of Justice ( DOJ) regulations requiring the segregation of police data. They are specifically designed to secure sensitive law enforcement information and protect the network from cyber threats, thereby maintaining the integrity and confidentiality of criminal justice information.
Ratification of these purchases is essential due to the long lead times associated with acquiring this specialized equipment. These technologies have been selected for their competitive pricing and ability to meet stringent security standards, ensuring that the facility operates efficiently and adheres to federal and state security policies.
FISCAL IMPACT:
There is not sufficient funds in the CIP GG 21- 13 to fund this expense, therefore staff is requesting a budget amendment of $ 770, 00 to cover these expenses.
Fiscal Year 23-4
Increase Transfer Out
2270- 9900-90- 9010 $ 770, 00
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 13 $ 770, 00
Increase Appropriation
3010- 8000- 450- 12- 00 GG 21- 13 $ 770, 00
Fiscal Year 24-5
Decrease Transfer Out
2270- 9900-90- 9010 $ 770, 00
Decrease Transfer In
3010- 9900- 393- 0000 GG 21- 13 $ 770, 00
Decrease Appropriation
3010- 8000- 420- 12- 00 GG 21- 13 $ 770, 00
92 CITY MANAGER' SREPORT PAGE 5
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
RATIFY PURCHASE OF DATA CENTER INFRASTRUCTURE AND FIREWALLS, RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC., AND APPROVE
BUDGET AMENDMENT FOR THE POLICE DEPARTMENT EVIDENCE BUILDING SERVERS, CIP GG 21- 13
ATTACHMENTS:
A. Resolution of the City Council of the City of Lathrop to Ratify Three Purchases and a Service Contract with Solid Networks Inc for the Lathrop Police Department Evidence Building Servers, Data Center Infrastructure and Firewall for CIP GG 21- 13 and Related Budget Amendment
B. Executed Purchase Order No. 2024- 747 with Solid Networks Inc for the Hardware Only Purchase of the Evidence Building Servers C. Executed Purchase Order No. 2024- 740 with Solid Networks Inc for the Hardware Only Purchase of the Evidence Building Firewall D. Executed Service Contract No. 2024- 31 with Solid Networks Inc. to Provide Equipment and Deployment of Data Center Infrastructure for the Lathrop Police Department Evidence Building CIP GG 21- 13
E. Executed Purchase Order No. 2024- 837 with Solid Networks Inc. for the Video Server for the Lathrop Police Department Evidence Building CIP GG 21- 13 93 CITY MANAGER' S REPORT PAGE 6
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
RATIFY PURCHASE OF DATA CENTER INFRASTRUCTURE AND FIREWALLS, RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC., AND APPROVE
BUDGET AMENDMENT FOR THE POLICE DEPARTMENT EVIDENCE BUILDING SERVERS, CIP GG 21- 13
APPROVALS:
go
ndes Date
nformation Systems Director
rz Cn / 3 /1 I,/
Cari James Date
Finance Director
Michael King
Assistant City Manager
Date
Cy1• uLy
Salvador Navarrete Date
City Attorney
co• S•7-4
Stephen J. Salvatore Date
City Manager
94 RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY
PURCHASE OF DATA CENTER INFRASTRUCTURE AND FIREWALLS, RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC., AND APPROVE BUDGET
AMENDMENT FOR THE POLICE DEPARTMENT EVIDENCE BUILDING SERVERS, CIP GG 21- 13
WHEREAS, June 12, 2023, the Lathrop City Council approved the budget and awarded the contract for the construction of an evidence building for the Lathrop Police Department; and
WHEREAS, construction is nearing completion, with only the installation of crucial technological components remaining; and
WHEREAS, the procurement process for these technologies involved soliciting proposals from twelve vendors, with Solid Networks Inc. providing the lowest quotes for the necessary equipment; and
WHEREAS, to prevent delays in the project, the City Manager proactively approved the purchase orders and service contracts with Solid Networks Inc. in April and May 2024 for the data center infrastructure, firewalls, and servers for a sum of 412, 656; and
WHEREAS, due to the purchase of various other technological components authorized under the City Manager' ssigning authority from multiple vendors, the current budget has become insufficient to cover all technological expenses and a budget amendment of $ 770, 00 is being requested.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify the City Manager' s approval of the purchases and service contract with Solid Networks Inc. for the data center infrastructure, servers, and firewalls for a sum of $412, 656and related budget amendment detailed below.
Fiscal Year 23-4
Increase Transfer Out
2270- 9900-90- 9010 $ 770, 00
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 13 $ 770, 00
Increase Appropriation
3010- 8000- 450- 12- 00 GG 21- 13 $ 770, 00
95 Fiscal Year 24-5
Decrease Transfer Out
2270- 9900-90- 9010 $ 770, 00
Decrease Transfer In
3010- 9900- 393- 0000 GG 21- 13 $ 770, 00
Decrease Appropriation
3010- 8000- 420- 12- 00 GG 21- 13 $ 770, 00
The foregoing resolution was passed and adopted this 10th day of June 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 96 DocuSign Envelope ID. 9DAE17F5- 8236- 4249- BF33- F34A26F91138 The parties to this agreement
are:
Vendor No. 1295
Solid Networks, Inc
ea P. O. Box613
O. OAKDALE, CA 95361
1 1. 00
2. 00
1. 00
160. 00
1. 00
EACH
EACH
EACH
EACH
EACH Tax
W 390 Towne Centre Dr
Lathrop, CA 95330
i
0 CO 390 Towne Centre Dr
Z. Lathrop, CA 95330
O
Attachment B
Purchase Order
No. 2024- 00000747
Date 4/ 5/ 2024
Resolution
PURCHASE ORDER NUMBER MUST
APPEAR ON ALL INVOICES, SHIPPERS, BILL
OF LADING AND CORRESPONDENCF
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE
ORIGINATOR
1 of 3
Emily Malay
19, 235. 0000 $ 19, 235. 00
18,77. 0000 $ 36,54. 00
68, 145. 0000 $ 68, 145. 00
139. 0000 $ 22,40. 0
57, 755. 9900 $ 7,55. 99
The contractor agrees to furnish all labor, equipment and materials necessary to perform the services describe herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference ( Outline exact detail what is to be done, where is to be done and include work specifications, if applicable.)
FocuSigned
by:
t,YkatlnawS 4/5/ 2024
CITY OF LATHROP
RECOMMENDED FOR APPROVAL
r-- Docu8gneaby:
5153, 729. 9
k4is{ 1tti, A. 4iiksott 4/ 5/ 2024
VENDOR ( Signature)
DATE APPROVED BY
Foc; ` t • 1 t3 Z` 1
CITY OF LATHROP C.- TEsP Mr&
APPROVED BY
Special Instructions
Evidence Building Servers 111111
gLvq• TbO- C. DATE
Christina Robinson
DATE
4/5/ 2024
VENDOR ( Print Name)
APPROVED BY DATE
97 DocuSign Envelope ID: 90AE17F5- 823B- 4249- BF33- F34A26F91138
STANDARD PURCHASE ORDER
TERMS AND CONDITIONS
1 ACCEPTANCE. Acceptance of this Purchase Order. whether by written acknowledgement or by performance by Seller. shall be upon the terms and conditions heteof. no other terms or conditions shall be binding on Buyer unless wntten approval thereof specifically refetnng to such other terms and conditions shall have been pven to Seller. 2 INVOICES. Separate invoice shall be suppled fan each Purchase Order shipment Each invoice shall be itemized and shall show Contract Numaber. turns. discotmts. date of shipment or site dates. and Purchase Order Number. Failure to show said items may result in delay ofpayment with all rights reserved. Including cash discounts The Vendor name on this Purchase Order resulted from a quotation signed m the same name. Payment will not be made to a firm name other than that shown on the face hereof without wzitten assiteaman 3 PAYMENT TERMS. Seller shall receive payment either by One -Tire payment (,lump Sum). Monthly or Quarterly IIEMIZED INVOICE. All payments are in arrears.
4 ORDER CHANGES. The Buyer shall have the nght from tune to tide by wntten notices to male changes in gamtines and or delivery dates of any click, material. or services covered by this Purchase Order prior to the tmre the item or stems are actually placed into final production by the Sella. /lurch changes are made a*erthe article. material. or sen' wes are placed into final production by the Seller and such changes cause a substantial increase or decrease m Seller' s performance will be made and this order will be modified in writing accordingly, provided that any claim for adjustment must be asserted by the Seller withm a reasonable time din no case to exceed twentt• days) after the change is ordered.
5. SHIPPING. Sella will indicate plainly the Purchase Order Number on all bills of lading. all goods shipped pursuant to said order. and on all invoices, height bills. and packages. Each package must contain a memorandum showing Seller' s name. contents ofpackage. and Purchase Order Number.
Shipments of goods specified on the Purchase Order number should result in lowest possible freight rate unless otherwise specified by Buyer. Penalties or increased charges due to failure to observe this provision will be charged to Seller Shipping costs fbr goods on back order shall be paid only at the rate which would have been applicable had the complete cedes been shipped at one tine. All access costs shall be boomer by Seller. Partial shipments must be identified as such on shipprop memoranda and invoices
When shipping. Seller will make no declaration of value to canned. except where shipment is subject to released value ramngs My metaials supplied to Cny which are covered by the OSHA Hazard Communication Standard must be accompanied by the applicable Material Safety Data Sheet ( MSDS) at the time of delivery.
6. DELIVERY. Unless othawtse expressly provided. Seller shall deliver all articles to Buyer' s premises. free of all freight. handling. ttmsporpgno, drayage, boring and similar charges. Ali tunes in this contract are of the essence_ TERMINATION. Buyer may teammate all or pan of dos contract with or without cause If buyer terminates without cause. then Buyer shall pay all reasonable termination charges intoned by Seller
8. DECLINE IN PRICES. Buyer shall be protected in the event ofdeclining paces on the undeh' ered portion of this Purchase Order If prima decline got items ordered. Seller may elect to meet Feud redactions or other vendors. or is own lower prices to other purchasers, but ifSeller should refuse to do so. Buyer shall have the nght to cancel any or all ofthe balance due on this Purchase Order without cost to Buyer.
9. FORCE MAJEVRE. Neither Seller not Buyer shall be liable for nonperformance due to causes beyond reasonable control Muse only a pan of Seller' scapacity to perform is excused under this paragraph. Seller must allocated production and deliveries among the various customers then under contract for similar goods during the penod The allocation must be made in a fair and equitable manner. Where either Sella or Buys claims an encase for nonpafamance under this paragraph it must give nonce in witting to the other pain• Seller shall not be obligated to sell. nor Buyer obligated to purchase. at a late date. that portion of the goods that Seller is unable to deliver or Buyer is unable to mate or use due to any excused cause. No goods are to be tendered by Sella after the expiration of the tams specified m this Purchase Order without consent ofBursar.
10. WARRANTY. Seller warrants that all articles and sauces covered by the Purchase Order will conform to drawings. specifications. or samples and will be merchantable and ofrod material design and workmanship. See from all defects. and suitable for the use intended.
All articles will be subject to Buyer' sinspection and rejection at the place of delivery. Defective articles may be retuned to the Seller for full credit or replattemeat at the Seller' srisk and expense. inchudmg transpoctauon charges both ways. but no defective articles shall be replaced without formal replacement order signed by theBuyer
11. ASSIGNMENT. Neither party shall * sup or transfer thisPurchase Order without the written consent ofthe other
12. INDEMNITY. SELLER WARRANTS THAT GOODS FURNISHED UNDER THIS PURCHASE ORDER DO NOT LNFRLsGE ANY PATENT. TRADEMARK. OR TRADE NAME. OR C' OPVRIGHT AND AGREES TO LNDE] fNI Y AND SAVE HARMLESS BUYER OR ITS Atr' DEES FROM ANY AND ALL CLAIMS. SUITS. LLABRITIES. D. A3LAGES. LOSSES. OR EXPENSES INCURRED BY BUYER OR ITS VENDEES BY REASON OF ANY ALLEGED Itii "FRINGEMINI OF ANY SUCH RIGHTS.
98 DocuSign Envelope ID: 9DAE17F5. 823B- 4249- BF33- F34A26F91138 PAGE 3 OF 3
SELLER SHALL L2' DElliNIFl AND HOLD HARMLESS BUYER AND ITS AGENTS . AXD EMPLOYEES FROM AN AGALNIST ALL CLAIMS. DAMAGES. LOSSES AND EXPENSES. 1MC LIMING ATTORNEY' SFEES. ARISING OLT OF OR
RLSVLTI NG FROM THE PERFORMANCE OF THE WORK CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF SELLER. ANY SUBCONTRACTOR OR ANYONE FOR WHOSE ACTS ANT OF THEM MAY BE LIABLE. LN C ASE OF CONCURRING FAULT. EACH PARTY SHALL BEAR ITS SHARE OF THE LOSS.
13. BUYER' SPROPERTY. Any property ofBuyer in Seller' sactive or constructive possessnoa or custody hereemder will be at Sellers risk. and Seller agrees to reimburse Buyer for any loss or damage to such property however caused 14 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS By acceptance hereof. Seller Warrants:
a) that all goods. merchandise. and materials delivered and services rendered hereunder will have been produced and provided in compliance with all requirements of the Fair Labor Standards Act of 1938. as amended and b) that all goods. materials. and equipment delivered hereunder shall comply with the applicable federal standards prescribed by the Occupational Sa& ty and Health Act of 1970. or as amended c) that Seller will comply with all applicable laws. rules and regulations of federal state and local governments and agencies. thereof. including but not limited to Execnb a Orders 11246. 11701. and section 503 ofPubbc Law 93- 112. The Rehabilitation Act of 1973. the provisions of The Aaanrcans and Disabilities Act. Transient Employe Law ( 85. 230 R 5 Mo et seq.) and Excessive Unemployment Law (Section 290. 550 et seq R. S Mo) which are hereby incorporated by reference. unless this Purchase Order is exempt pursuant to said Executive Orders. or Acts and the regulations issued thereunder.
13. WORKER' SCOMPENSATION. EMPLOYER' SLIABILITY. AND GENERAL LIABILITY When work as performed on Buyer' s premises. Seller agrees to cars} at Seller' sown expense. a) Worker' sCompensation and Employers Liability Insurance. b) General liability ( including Contractual Liability and Products liability C ompleted Operations) Insurance and Auto Liability insurance each in amounts no less than $1. 000.00 per occurrence. Insurance certificates of such coverage shall be submitted to City Utilities' Risk Management upon request ofBuyer
16. INSOLVENCY. IfSeller shall become insolvent. file a petinoa in bankmpcy. or shall make an assignment for the benefit of creditors_ a if a roam or trustee shall be appointed of or for any of Seihds property or business. the Purchase Order may be cancelled at Buyer' s option without liability.
17. TAXES. Sella agrees to cooperate with Buyer m opposing the imposition of any tar on any article covered by this Purchase Order. the legality of which is questioned by Buyer. and in securing any abatement or any refund thereof sought by Buyer.
18. FOREIGN SHIPMENTS. Foreign shipnmrs must be preceded by execution of Sternal Consular Invoice. At nme of shipment. Ocean Bills of Lading. Consular Invoice. and Commercial Invoices. in triplicate. shall be forwarded directly to the P rchasmg Agent nouns this Purchase Orden.
19. VENUE. This Purchase Order shall be governed by the law ofthe State of California
20. BRANDING. Seller warrants that all materiels covered by this Purchase Order are no altered or misbranded within the meaning of the Federal Food. Ding and Cosmetic Act: not an article with may not . under provisions of Section 404 or 505 of sad act. be introduced into interstate commerce, and not adulterated or misbranded within the meaning of the pure food and drug laws or the ordinances of any state or any which are applicable to such shipment or delivery. and Seller hereby agrees to indemnify and save the Buyer harmless from and against all claims. charges. action and proceedings brought against Buyer by any lawful preentment authenry or by any person on account of any alleged adulteration or misbranding by Seller orally such material referred to above. Seller does no guarantee against any such material becoming adulterated or misbranded after delivery to Buyer by reason of causes beyond Sella' scontrol.
21. CONFLICTING TERMS. In case of a confect between these tams and conditions and those of a separate written contract signed by both
Buyer and Seller. the written contract shall prevail
22. REVIEW OF RECORDS. During the tam of the purchase order agreement and for three years thereafter. City of Lathrop ( Cup shall brie the right to review Seller' srecords, only for the purposes of vaifyvag claims for payment and compliance with the terms and conditions ofthe purchase order+ agreement for at least three years after final payment.
23. OFFSETTING BILLS. City reserves the right to apply offsetting payments for goods and or sevsces that are due against delmgueni utility bills which we due City.
24. NON- EXCLUSIVE AGREEMENT The purchase order rs a non- exclusive contract and City reserves the nght so purchase same or like materials edlor services ftom other sources a City deems necessary and a ppropnare. 99 DocuSign Envelope ID: 9DAE17F5- 8238. 4248- BF33- F34A28F91138 115 SolidNetworks
i Networks
0.vla
N' 1ni N , Ika l
Cam! iii l 1jt', tL' vc:
Technology
We have prepared a quote for you
Prepared for:
City of Lathrop
Emily Malay
Emalay@cl. lathrop. ca. us
100
J
Solid f /
101
2 2
54, 826. 00
52. 00 8
54, 826. 00
416. 00
Subtotal 36.54. 00
5139. 00 160 22.40. 0
22,40. 0
102
i
Solid ' ` i 1
PD
Quote #:
Version: 1 Updated: 03/ 28/024
Prepared by:
Solid Networks
Mark Ricci
1. 209. 338. 1424
Mark. Ricci@SolidNetworks. com
Quote Summary
Expiration Date: 04/ 30/ 224
Prepared for:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Emily Malay
209) 941- 7345
Emalay@ci. lathrop. ca. us
Ship To:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Emily Malay
209) 941- 7345
Emalay@ci. lathrop. ca. us
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.
19, 235. 00
36,54. 00
68, 145. 00
22,40. 0
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:
Emily Malay
Accounts Payable
103
i„.
t ' arz,, iE t7
jp S l3 Ipw
The Offsite Staging & Conlguration Agreement (" Agreement”) is entered into upon approval of the Solid Networks Quote between (Quote listed customer Client") and Sold Networks (SNI1.
Client wishes to purchase equipment from SNI which win 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
Al 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 SHIP -TO location of the agreement.
2. Invoicing
Client may be invoiced for the equipment upon delivery to the offsite location. 104
DocuSign Envelope ID: ACECFI28- 3C3A- 4747- BF8D- F48A4FCE0022 Attachment C
1116:*
The parties to this agreement
are:
Vendor No. 1295
Solid Networks, Inc
3 P. O. Box613
o
OAKDALE, CA 95361
2. 00
2. 00
2. 00
2. 00
50. 00
1. 00
1. 00
1. 00
C
EACH
EACH
EACH
EACH
EACH
EACH
EACH
I>0 390 Towne Centre Dr
Lathrop, CA 95330
1 0
CA 390 Towne Centre Dr
Lathrop, CA 95330
0 Purchase Order
No. 2024- 00000740
Date 4/1/ 2024
Resolution
PURCHASE ORDER NUMBER MUST
APPEAR ON All INVOICES, SHIPPERS, BILL
OF LADING AND CORRESPONDENCE
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE
ORIGINATOR
1 of 3
Emily Malay
14, 729. 0000 $ 29, 458. 00
1,24. 0000 $ 2,48. 00
14, 585. 0000 $ 29, 170. 0
13, 208. 0000 $ 26, 416. 00
9. 0000 $ 450. 00
963. 0000 $ 963. 00
1,30. 0000 $ 1,30. 0
2, 774. 2800 $ 2, 774. 28
The contractor agrees to furnish all labor, equipment and materials necessary to perform the services describe herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference ( Outline exact detail what is to be done, where Is to be done and Include work specifications, if applicable.)
rDwisiiimw• br 4/ 2024
CITY OF LATHROP
RECOMMENDED FOR APPROVAL DATE
CITY OF LATHROP
APPROVED BY
Special Instructions
Hardware Only - Firewall
t•ii•zozl
DATE
r(Oecuagnbd
by::
laistibusIeoba. Sotn,
VENDOR ( Signature)
APPROVED BY
Christina Robinson
92, 609. 21
4/ 2024
DATE
4/ 2024
VENDOR ; Print Name)
APPROVED BY DATE
105
OocuSign Envelope ID: ACECF128- 3C3A- 4747- BF8D- F48A4FCE0022 Page _ of3
STANDARD PURCHASE ORDER
TERMS AND CONDITIONS
1. ACCEPTANCE. Acceptance of this Purchase Order. whether by written acknowkdgmornt or by performance by Sella, shall be upon the terms and mediums hereof, no other tams or conditions shall be binding on Buyer unless written approval thereof specifically refemng to such other tams and conditions shall have been given to Seller.
2. INVOICES. Separate invoice shalt be supplied for each Purchase Order shipment. Each invoice shall be stemmed and shall show Contract Number, terms, discounts. date of shipment or scare dates. and Purchase Order Number. Fahne to show said items may result in delay of payment with all rights reserved. including cash discounts. The Vendor name on this Purchase Order resulted from a quotation segued in the same name. Payment will not be made to a & m name other than that shown on the face hereof maces mitten assignment.
3. PAYMENT TERMS. Seller shall receive payment either by One -Time payment ( Lump Sung. Monthly or Quarterly ITEMZED INVOICE. All payments are in wears.
4. ORDER CHANGES The Buyer shall have the light from tune to time by mitten notices to make changes m guansines aaor delivery dates of any uncle, material, or services covered by this Purchase Order prior to the time the item or items are actually placed into final paoductioo by the Seller. If such changes are made after the article. material or ' sues are placed into final production by the Seller and auch changes came a substantial increase or decrease in Seller' sperformance will be made and this order will be modified m writing accordingly, provided that any claim for adjustment must be asserted by the Seller within a reasonable time ( in no case to exceed twenty days) after the change is ordered.
5. SHWPING. Seller will indicate plaimiy the Purchase Order Number on all bolls ofladma`$ all goods shipped pursuant to said order. and on all invoices, fieigbt bills, and packages. Each package must contain a memorandum showing Seller' sname. contents ofpack age. and Purchase Order Numbs.
Shipments of goods specified m this Purchase Order number should result in lowest possible fight rate umkss otlterw se specified by Buyer. Penalties er increased charges, due to failure to observe this provision will be charged to Seller.
Shgtping costs for goods on back order shall be paid only at the rate which would have been applicable bad the complete order been shipped at one time. All mesa costs shall be bane by Seiler. Partial shipments must be identified as such on shipping mearatanda and invoices.
When shipping. Seller will make no declaration ofvalue to carried. except where shipmment is subject to released value ratings.
Any materials supplied to City which are covered by the OSHA Hazard Communication Standard must be accompanied by the apphcabk Mateid SaktyData Suet ( MSDS) at the nneofdelivery.
6. DELIVERY. Unless otherwise eapmsty provided, Seller shall deliver all uncles to Buyer' spraises. free of all freghL handling. ttanspottahon charge, boxing and simmilar charges. All tunes is this contract are ofthe essence.
7. TERMINATION. Buyer may terminate all or part of this contract with or without cause. If buyer teammates without cause. then Buyer shall pay all reasonable termination charges incurred by Seller.
8. DECLINE IN PRICES. Buyer shall be protected in the event of dechsing paces on the undelivered portion of this Purchase Order. If prices decline got item ordered, Seller may elect to meet priced reductions or other vendors, or is own lower pastes to other purchaseas. bus ifSeller ahead refine to do so. Buyer shall have the right to cancel any or all ofthe balance due on this Purchase Order without cost to Buyer.
9. FORCE MAJEURE. Neither Seller nor Buyer shall be table for nonperformance due to causes beyond reasonable control Where only a part of Seller' scapacity to pathos is erased under this paragraph. Sella must allocated production and deliveries among the venous stamen then anther contract for similar goods dating the pond. The allocation must be made m o fair and equitable manner. Where either Seller or Buyer darns an excuse for naepes6ota once under this paragraph, it must give nonce in wrinng to the other party Sella shall not be obligated to sell, nor Bayer obligated to purchase. at a later date. that portion of the goods that Seller is unable to delayer or Buyer is unable to remove ac use due to any excused cause. No goods are to be tendered by Seller after the expiration of the tams specified in this Purchase Ordervatic= consent ofBuyer.
10. WARRANTY. Seller warrants that all atticits and services covered by this Purchase Order will conform to drawings. specifications. or samples and will be merchttmable and ofgood material design and works aeship, free from all defects, and suitable for the use intended.
All snicks will be subject to Buyer' sinspection and rejection at the place ofdehvey. Detective articles may be returned to the Seller for fith ( edit er replacement at the Seiko' srisk and expense. including transperwwn charges both ways. but no defective uncles shall be replaced without fennel replacement order signed by the Buyer
11. ASSIGNMENT. Neither patty shall assign or transfer this Purchase Order without the vain= consent ofthe other.
13. INDEMNITY. SELLER WARRANTS THAT GOODS ELIO/ SHED VM) ER THIS PURCHASE ORDER DO NOT I1elRLNGE ANY PATENTn, TRADFlisaux OR TRADE NAME. OR COPYRIGHT AND AGREES TO TNDEMIb' IfY AND SAVE HARMLESS BUYER OR ITS VENDEES FROM AM MID ALL CLAIMS, SLITS. t Tsmttr IIES, DAMAGES. LOSSES. OR EXPENSES INCURRED BY BUYER OR ITS VENDEES BY REASON OF ANY ALLEGED II- FRLNGEMEN7 OF ANY SUCH RIGHTS.
106
DocuSign Envelope ID: ACECF128- 3C3A- 4747- BF8D- F48A4FCE0022 PAGE 3 OF 3
SELLER SHALL IINDEA IIFl AND HOLD HARMLESS BUYER ND ns AGENTS . A1SD EMPLOYEES FROM AN
AGAINST ALL CLAMS DAMAGES, LOSSES AND EXPENSES, INCLUDING ATTORNEY' SFEES, ARISING OUT OF OR
RESULTING FROM THE PERFORMANCE OF THE WORK CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF cFt t.FR ANY SUBCONTRACTOR, OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE. IN CASE OF
CONCURRING FAULT, EACH PARTY SHALL BEAR ITS SHARE OF THE LOSS,
13. BUYER' SPROPERTY. Any property ofBuyer m Seller' s active or constructive possession or custody hereunder will beat Seller s nil. and Seller agrees to n ambune Buyer for any loss or damage to such property however caused.
14. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. By acceptance hereof. Seller Warrants:
a) that all goods, merchandise. and maIerials delivered and services rendered hereunder will have been produced and provided in compliance with all requirements ofthe Fair Labor Standards Act of 1938, amended, and b) that all goods, narwhals, and equipment delivered beretmda shall comply with the applicable federal standards prescribed by the Occupational Sakey and Health Act of 1970. or as amended. c) that Seller will comply with all applicable laws. rules and regulations of federal, star and local envemmems and agencies. thereof including but not lim ted to Executive Orders 11246. 11701. and section 503 of Public Law 93- 112. Ile Rehabilitation Act of 1973. the provisions of The Amt ant and Disabilities Act, Transient Etuployer Law ( 285.30 R 5. Mo et seq.) and Excessive U: tresoploymentt Law ( Section 290. 550 et seq R. S. Mo.) which are hereby iucosporated by reference. unless this Purchase Order is tempt pursuant to said Executive Orders. or Acts and the regulations issued thereunder
15. WORKER' S COMPENSATION. EMPLOYER' SLIABILITY. AND GENERAL LIABILITY When work is performed on Buyer' s premises, Seller agrees to cony at Seller' sown expense. a) Wodia' sCompensation and Employ&' s Liability Insurance, b) General liability ( including Contactual Liability and Products Liability Completed Operations) Insurance and Auto Liability insurance each in amanita no leas than f1. 000,00 per occtarence. ? assurance certificates ofsuch coverage shall be submitted to City Utilities' Risk Management upon request of Buyer.
16. INSOLVENCY. IfSellea shall became insolvent, file a petition in bankruptcy. or shall make an assignment for the benefit of creditors. or if a receiver or turtle. shall be appointed of err fur any of Seller' s property or business. the Purchase Order may be cancelled at Bayer' s option without liability.
17. TANTS. Sella epees to cooperate with Buyer in opposing the imposition of any tax on any article covered by this Purchase Orekr. the salty ofwhich is questioned by Bayr7. and in securing any abatement or any retied thereof sor tby Buyer.
It. FOREIGN SHIPMENTS. Foreip shipments must be preceded by execution of &meal Cassstslar Invoice. At one of shtpseent. Ocean Bilk of Lading, Consular Invoice, and Commercial humans. in mpbcate, shall be forwarded directly to the Purchasing Agent issuing this Purchase Order.
19. VENUE. This Purchase Ord& shall be governed by the law of the State of California
20. BRANDING. Seller warrants that aS watenak covered by this Purchase Order are no abered or misbranded within the meaning of the Federal Food, Drug and Cosmetic, Act; not an asticla with may not . under provisions of Section 404 or 505 ofsaid act be introduced into interstate ce® seroe, and avt atilenatsd or misbranded within tie s' waiag of the pane food and drag laws or the ordinances of any sane or city which are applicable to such Ailment or delivery. and Seller hereby agrees to indemnify and save the Buyer harmless lone and against allclaims. des, artion and proceeds brought against Buyer by any lawlinl goveranment authority or by any person on accotmt of any alleged adulleratton err mtelbtanding by Seller of any such maienal refaced to above. Seiler does no guarantee against any such mania' becoming adpilseraied or misbranded afar delivery to Buyer by reason ofcauses beyond Se lla' scontrol.
21. CONFLICTING TERMS. In case of a conflict between these tams and conditions and those of a separate written contract signed by both
Buyer and Seller; the written contract shalt prevail.
22. REVIEW OF RECORDS. During the term ofthe purchase ord risaeemant and for then yeas thereafter. City of Lathrop ( City) shall have the right to review Seer' srecords, only for the purposes of veer ljring clams fbr payment and compliance weld the teems and conditions ofthepwchase ordersagreemeat for at lease three yeas after final payment
23. OFFSETTING BIBS City reeves the right to apply offietting payments for goods ander services that are due against delmqueut utility bads which are due City.
24. NON- EXCLUSIVEAGREEMENT. Ilse purchase order in a nose- ecbtsive contract and City reserves the right to ptuchase same or like materials andlor services from other sources as City deems necessary and appropnate. 107
DocuSign Envelope ID: ACECF128- 3C3A- 4747- BF$D- F48A4FCE0022 SolidNetworks
Solid Networks
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We have prepared a quote for you
Prepared for:
City of Lathrop
Emily Malay
Emalay@cl. lathrop. ca. us
108
109
PD Evidence Building
Version: 1 Updated: 03/ 20/24
Prepared by:
Solid Networks
Mark Ricci
1. 209. 338. 1424
Mark. Ricd@SoiidNetworks. com
Quote Summary
Expiration Date: 04/ 30/ 224
Prepared for:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Emily Malay
209) 941- 7345
Emalay@ci. lathrop. ca. us
Ship To:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Emily Malay
209) 941- 7345
Emalay@ci. lathrop. ca. us
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.
Al 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
Signature:
Name: Mark Ricci
242— k_ed‘&,
Title: Account Manager
Date:
City of Lathrop
Signature:
Name:
Title:
Date:
Emily Malay
Accounts Payable
110
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The Offske Staging & Configuration Agreement (" Agreement") is entered into upon approval of the Solid Networks Quote between (Quote listed customer Client") and Sold Networks ( SNf).
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 Utle shall transfer to Client when received at the offsite location. The otiste location may be an office location of Client or a staging facility as indicated in the SHIP -TO location of the agreement.
2. Invoicing
Client may be invoiced for the equipment upon delivery to the offsite location. 111
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767 Attachment D
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP AND
SOLID NETWORKS, INC.
PROVIDE EQUIPMENT AND DEPLOYMENT OF DATA CENTER
INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT
EVIDENCE BUILDING CIP GG 21- 13
THIS SERVICE CONTRACT ( hereinafter "Contract") is made on May Ito , 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- 1782197 .
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 of data center infrastructure in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibit " A" and incorporated herein by reference.
Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' ssatisfaction.
CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on time and materials basis not to exceed 55,28. 24 set forth in Exhibit " A", for the equipment and deployment of data center infrastructure for the Lathrop Police Department Evidence Building.
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 until December 31, 2024.
PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 112
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
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.
113
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
CONTRACTOR' S WARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. Contractor unqualifiedly warrants all work and materials to be free of defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.
APPRENTICES
a) The Contractor' 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 alegal 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.
114
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D9868AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
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.
115
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
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. aov/ 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.
116
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
b) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
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' 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
117
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of
CONTRACTOR; premises owned, occupied or used by
CONTRACTOR. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONTRACTOR to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California -admitted insurers with a Best' 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.
118
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
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:
1) 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.
119
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
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.
120
DocuSign Envelope 10: 5B7235F9- 80A7- 48c9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
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.
121
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
rpoeuSigned
by:
FulA * A. JLS 5// 2024
1C2nnrfiain e79
Tony Fernandes
Director of Information Services
Approved by:
Contractor:
City of Lathrop
Stephen J. Salvatore
City Manager
Solid Networks, Inc.
5686 Pirrone Road
Salida, CA 95368
Fed ID # 62- 1782197
Business License # 20058
DDouSigned by:
LI
Signature
Christina Robinson
Date
S-! o•Zat
Date
alsf vo, P41(,, Sbin. 4/ 29/024
raareaa11oaaen,
Date
Procurement
Print Name and Title
122
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767 SolidNetworks
4.. Solid Networks
Mark Ricci
1. 209. 338. 1424
Mark. Ricci@SolidNetworks. com
Technology
Simplified
Lathrop PD Evidence Datacenter Infrastructure
Emily Malay
Emalay@ci. lathrop. ca. us
123
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767 SolidNetworks
Hardware Price Qty Ext. Price
22, 735. 00
413. 00
4, 574. 00
816. 00
1 2
1 1
22, 735. 00
826. 00
4, 574. 00
816. 00
2, 614. 00
132. 00
257. 00
611. 00
296. 00
37. 00
2 2
1 1
4 2
5, 228. 00
264. 00
257. 00
611. 00
1,84. 00
74. 00
2, 762. 00
217. 00
95. 00
1, 854. 00
2 2
2 1
5,24. 00
434. 00
190. 00
1, 854. 00
167. 00
165. 00
692. 00
106. 00
2 2
3 4
334. 00
330. 00
2, 076.0
424. 00
Subtotal:!; 47, 735: 00
Services Price Qty Ext. Price
SNI- PS Professional Engineering Services - Lathrop PD Evidence Building Infrastructure Deployment Services
3, 850. 0 1 3, 850. 0
Subtotal. = $ 3, 850. 0
124
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767 SolidNetworks
Statement of Work
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' spersonnel.
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 the final discovery, determine the order of operation, develop a project plan and timeline for the successful Lathrop PD Evidence Building server room infrastructure deployment.
Work closely with Lathrop internal IT to validate the final design, final acceptance plan.
Select prospective installation dates with Lathrop IT and develop the installation timeline.
Procure the hardware outlined within the bill of materials and deliver to Lathrop PD location ( TBD).
Work with Lathrop IT to inventory and inspect new hardware as it arrives onsite. as well as the
a I a e a a project tasks are complete prior to closing the project.
City of Lathrop Project Responsibilities
Designate a primary project lead to facilitate communications and processes.
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 security access to the PD Evidence Building when required Provide all network information and access required for the successful completion of this project.
Adhere to installation schedules with SNI project team. Any significant deviation in the project timeline could result in the delay to project completion and potential project change -orders. 125
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767 J
SolidNet works
Lathrop PD Evidence Datacenter Infrastructure
Quote #:
Version: 1 Updated: 04/ 11/ 2024
Prepared by:
Solid Networks
Mark Ricci
1. 209. 338. 1424
Mark. Ricci@SolidNetworks. com
Quote Summary
Expiration Date: 05/ 11/ 2024
Prepared for:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Emily Malay
209) 941- 7345
Emalay@ci. lathrop. ca. us
Ship To:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Emily Malay
209) 941- 7345
Emalay@ci. lathrop. ca. us
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
Signature:
Name: Mark Ricci
Title: Account Manager
Date:
City of Lathrop
Signature:
Name:
Title:
Date:
Emily Malay
Accounts Payable
126
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767 S011t l tIQks
OFFSIDE STAGING & CONFIGURATION AGREEMENT FOR QUOTE#
The Offsite Staging & Configuration Agreement (" Agreement") is entered into upon approval of the Solid Networks Quote between (Quote listed customer Client") and Solid Networks ISNI].
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 SHIP -TO location of the agreement.
2. Invoicing
Client may be invoiced for the equipment upon delivery to the offsite location. 127
DocuSign Envelope ID: F34B02E5- 9636- 4519- BE1B- ED908E456C7B Attachment E
igk4* R__
The parties to this agreement
are:
Vendor No. 1295
Solid Networks, Inc
P. O. Box 613
G
OAKDALE, CA 95361
9,
W 390 Towne Centre Dr
Lathrop, CA 95330
1 0
ti) 390 Towne Centre Dr
D Lathrop, CA 95330
0 Purchase Order
No. 2024- 00000837
Date 5/ 15/ 2024
Resolution
PURCHASE ORDER NUMBER MUST
APPEAR ON ALL INVOICES, SHIPPERS, BILL
OF LADING AND CORRESPONDENCE
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE 1 of 3
ORIGINATOR Emily Malay
2. 00
2. 00
2. 00
2. 00
2. 00
2. 00
1. 00
EACH
EACH
EACH
EACH
EACH
EACH
EACH Tax
29, 071.000 $ 58, 142. 00
1, 829. 0000 $ 3. 658. 00
545. 0000 $ 1, 090.
5, 190. 0000 $ 10, 380. 0
12, 304. 0000 $ 24, 608. 00
2, 675. 0000 $ 5, 350. 0
7, 560. 9200 $ 7, 560. 92
The contractor agrees to fumish all labor, equipment and materials necessary to perform the services describe herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference ( Outline exact detail what is to be done, where is to be done and include work specifications, if applicable.)
oocuSibned by:
CITY OF LATHROP
RECOMMENDED FOR APPROVAL
5/ 16/ 2024
DATE
5. CITY OF LATHROP
APPROVED BY
Special Instructions
DATE
DocuSignedby
Csti w
sww w.. 11w._ K...
VENDOR ( Signature)
APPROVED BY
110. 788. 92
5/ 16/ 2024
Chri stina Robinson
DATE
5/ 16/ 2024
VENDOR ( Print Name)
APPROVED BY DATE
Video Server for the Lathrop Police Department Evidence Building CIP GG 21- 13
128
DocuSign Envelope ID: F34802E5- 9B36- 4519- BE1 B- ED908E456C7B
STANDARD PURCHASE ORDER
TERMS AND CONDITIONS
1 ACCEPTANCE. Acceptance ofthis Purchase Order. whether by written acknowledgement or by performance by Seller, shall be upon the terms and conditions 6aeof; no other terms or conditions shall be binding on Buyer unless written approval thereof specifically refenmg to such other tams and conditions shall have been green to Seller. 2 INVOICES. Separate invoice shall be supplied for each Purchase Order shipment Each invoice shall be itemized and shall show Contract Number, tams. discamts, date of shipment or service dates, and Purchase Order Mamba. Failure to show said items may result in delay of payment with all rights reserved, including cash discasrus. The Vendor name on this Purchase Order resulted from a quotation signed m the same name. Payment will not be made to a firm name other than that shown on the face hereofwithout written asagmmnu.
3. PAYMENT TERMS. Seller shall receive payment either by One -Time payment ( Lump Sum), Monthly or Quarterly ITEMIZED INVOICE. All payments are m wears.
4. ORDER CHANGES_ The Buyer shall have the right from time to time by written notices to make changes in quantities armor delivery dates of any article, material, or services covered by this Purchase Order prior to the time the item or items are actually placed into final production by the Seller. If such changes are made after the article. material, or services are placed into final production by the Sella and such changes cane a substantial increase or decrease m Seller' s performance will be made and this ceder will be modified m writing accordingly, provided that any claim for adjustment must be assorted by the Seller within a ressoaabk time (in no case to exceed twenty days) after tehe change is ordered
5 - SHIPPING. Seller will indicate plainly the Purchase Order Number an all bilk of lading. all goods shipped pursuant to said order. and on all invoices, freight bills, and packages. Each package rust contain a memorandum showing Seller' sname. contents of package. and Purchase Order Nnmba.
Shipments of goods specified on this Purchase Order number should result in lowest possible freight rate unless otherwise specified by Buyer. Penalties or increased charges due to failure to observe this provision will be charged to Sella.
Shipping costs for goods on back order shall be paid only at the rate which would have been applicable had the complete order been shipped at one time. All excess costs shall be borne by Seller. Partial shipments mast be identified as such an shipping memoranda and invoices.
When shipping. Sella will make no declaration of value to tamed. except where shipment is subject to released value ratings Any material supplied to City which are covered by the OSHA Hazard Comammtcation Standard rust be accompanied by the applicable Material Safety Data Sheet ( MSDS) at the time of debvery.
6. DELIVERY. Unless otherwise expressly provided. Seller shall dehver all articles to Buyer' s premises, free of all freight handling. transportation, drayage, boring and si nilar charges. All times in this contract are of the essence.
1. TERMINATION. Buyer may terminate all or part ofthis contract with or without cause. Ifbuyer terminates without cause. then Buyer shall pay all reasonable termination charges incurred by Seller
8. DECLINE IN PRICES. Buyer shall be protected in the event of declining prices on the undelivered portion of this Purchase Order. If prices decline got items ordered, Seller may elect to meet priced reductions or other vendors, or is own lower prices b other purchasers but ifStile should refuse to do so. Buyer shall haw the right to cancel any or all of the balance due on this Purchase Order without cost to Buyer.
9. FORCE MAJEURE. Neither Seller nor Buyer shall be hable for nanperfosmtnce due to causes beyond reasonable control, Where only a part of Sella' s
capacity to perfomu is excused mkt this paragraph. Seller must allocated production and deliveries among the various customers then under contract for similar goods fitting the period The allocation must be made m a flair and equitable manner. Where either Seller or Buyer claims an excuse for nonperformance under this paragraph. it mast gRe notice in writing to the other party.. Seller shall not be obligated to sell, nor Buyer obligated to purchase, at a later date. that parka of the goods that Selma is unable to d ehver or Buyer is unable to receive or use due to any accused cause. No goods are to be tendered by Seller after the expiration of the terms specified in this Purchase Order without consent ofBuyer.
10. WARRANTY. Seller warrants that all articles and services covered by this Purchase Order will conform to thawings. specifications. or samples and will be merchantable and of good material, design and workmanship, free ftom all defects, and sumbk for the use attended.
All articles will be subject to Buyer' sinspection and rejection at the place of delivery. Defective articles may be retuned to the Seller for full credit or replacement at the Seller' srisk and expense. insludmg transportation charges both ways, but no defective articles shall be replaced without formal replacement order signed by the Buyer
11. ASSIGNMENT. Neither patty shall assign or transfer this Purchase Order without the written consent of the other
12. INDEMNITY. SELLER WARRANTS THAT GOODS FURNISHED UNDER THIS PURCHASE ORDER DO NOT INFRINGE ANY PATENT. TRADEMARK, OR TRADE NAME, OR COPYRIGHT AND AGREES TO INDEXINIFY AND SAVE
HARMLESS BUYER OR ITS VENDEES FROM AM AND ALL CLAIMS, SUITS, LIABILITIES, DAMAGES, LOSSES, OR
MENSES INCURRED BY BUYER OR ITS VENDEES BY RL SON OF ANY ALLEGED INFRINGEMENT OF ANY SUCH RIGHTS
129
DocuSign Envelope ID: F34B02E5- 9B36- 4519- BE1B- ED908E456C7B PAGE 3 OF 3
SELLER SHALL INDEIILNIFY AID HOLD HARMLESS BUYER AND ITS AGENTS AND EMPLOYEES FROM AN AGALYST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDLYG ATTORNEY' SFEES, ARISING 017 OF OR
RESULTLYG FROM THE PERFORMANCE OF THE WORK CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF SELLER, ANY SUBCONTRACTOR. OR ANYONE FOR WHOSE ACTS A, NY OF THEM MAY BE LIABLE. IN CASE OF CONCURRING FAULT, EACH PARTY SHALL BEAR ITS SHARE OF THE LOSS.
13. BUYER' SPROPERTY. Any property. of Buyer in Seller' sactive or ceastntchce possession or custody hereunder will be at Seller' snsk. and Seller agrees to reimburse Buyer for any loss or damage to such property however caused.
14. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. By acceptance hereof. Seller Warrants:
a) that all goods. merchandise, and materials delivered and services rendered hereunder will have been produced and provided in compliance with all requirements oftthe Fair Labor Standards Act of 1938, as amended and b) that all goods. materials, and equipment delivered hereunder shall comply with the applicable federal standards prescribed by the Occupational Safety and Health Act of 1970, or as amended c) that Seller will comply with all applicable laws, rules and regulations of federal, state and local governments and agenaes. thereof including but not limited to Executive Orders 11246. 11701. and section 503 ofPublic Law 93- 112. The Rehabilitation Act of 1973. the provisions of The Americans and Disabilities Act, Transient Employer Law ( 285.30 R S. Mo. et seq.) and Excessive Unemployment Law ( Section 290. 550 et seq R. S. Mo.) which are hereby incotpaated by reference, unless this Purchase Order is exempt pursuant to said Executive Orders, or Acts and the regulations issued thereunder.
15. WORKER' SCOMPENSATION, EMPLOYER' SLIABILITY. AND GENERAL LIABILITY When work is performed on Buyer' s premises, Seller agrees to carry at Seller' sown eape se. a) Wodcer' sCompensation and Employer' sLiability Insurance. b) General liability ( including Contractual Liability and Products LiabilityiCompleted Operations) Insurance and Auto Liability insurance each in amounts no less than S1, 000.00 per occmmce. Insurance certificates of such coverage shall be submitted to City Utilities' Risk Management upon request ofBuyer.
16. INSOLVENCY. If Seller shall become insolvent file a petition m bankruptcy. or shall make an assignment for the benefit of creditors. or if a receiver or trustee shall be appointed of or for any of Seller' s property or business. the Purchase Order may be cancelled at Buyer' s option without liability.
17. TANTS. Seller agrees to cooperate with Buyer m opposing the imposition of any tax an any article covered by this Purchase Order, the legahty ofwhich is questioned by Buyer, and in securing any abatement or any refund thereof sought by Buyer.
18. FOREIGN SHIPMENTS. Foreign shipments must be preceded by execution of formal Consular Invoice. At time of shipment Ocean Bills ofLading. Consular Invoice, and Commaciai Invoices. in triplicate. shall be forwarded directly to the Purchasing Agent issuing this Purchase Order.
19- VENUE. This Purchase Order shall be governed by the law ofthe State of California.
20. BRANDING. Sella warrants that all materials covered by this Purchase Order are no altered or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act; not an snide with may not , under provisions ofSection 404 or 505 of said act, be introduced into interstate commerce. and not adulterated or misbranded within the meaning of 11* pyre food and drug laws or the ordinances of any state or city which are applicable to such shipment or delivery, and Seller bereby agrees to indemnify and save the Buyer harmless from and against all claims. charges. action and proceedings brought against Buyer by any lawfial government authority or by any person on account of any alleged adulteration or misbranding by Seller of any such material referred to above. Seller does no guarantee against any such material becoming adulterated or misbranded after delivery to Buyer by reason of causes beyond Seller' scontrol.
21. CONFLICTING TERMS. In case of a conflict between these terms and conditions and those of a separate written contract signed by both Buyer and Seller. the written contract shall prevail
22. REVIEW OF RECORDS. During the tam of the purchase order/ agreement and for three years thereafter. City of Lathrop ( City) shall have the right to review Seller' srecords, only for the purposes of verifying claims for payment and compliance with the tams and conditions ofthe purchase order/ agreement for at least three year after final payment
23. OFFSETTING BILLS City reserves the right to apply offsetting payments fa goods andnr services that are due against delnquent utility bills which are due City.
24 NON- EXCLUSIVE AGREEMENT The purchase order is a non- exclusive contract and City reserves the nght to purchase same or like materials and/ or services from other sources as City deems necessary and appropriate. 130
DocuSign Envelope ID: F34B02E5- 9B36- 4519- BE1B- ED908E456C7B SolidNetworks
Solid Networks
Mark Ricci
1. 209. 338. 1424
Mark. Ricci@SolidNetworks. com
Technology
Simplified
We have prepared a quote for you
Video Servers
Prepared for:
Tony Fernandes
tfernandes@ci. lathrop. ca. us
131
DocuSign Envelope ID: F34B02E5- 9B36- 4519- BE1B- ED908E456C7B JSolidNetworks
29. 071.0
1, 829. 00
545. 00
5, 190. 0
12, 304. 00
2 4
8 24
2 2
2 2
4 4
2 2
2 2
2 2
4 2
2 2
2 2
2 2
24 58, 142. 00
3, 658. 00
1, 090.
10, 380. 0
24, 608. 00
132
DocuSign Envelope ID: F34B02E5- 9B36- 4519- BE1B- ED908E456C7B SolidNetworks
Price Qty Ext. Price
4 4
2, 675. 00 2 5, 350. 0
Subtotal 1' 03, 228. 00
133
DocuSign Envelope ID: F34B02E5- 9B36- 4519- BE1B- ED908E456C7B SOlIdNetworks
Video Servers
Quote #:
Version: 1 Updated: 02/ 29/024
Prepared by:
Solid Networks
Mark Ricci
1. 209. 338. 1424
Mark. Ricci@SolidNetworks. com
Quote Summary
Description
Expiration Date: 03/ 31/ 2024
Prepared for:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Tony Fernandes
209) 941- 7200
tfernandes@ci. lathrop. ca. us
Ship To:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Tony Fernandes
209) 941- 7200
tfernandes@ci. lathrop. ca. us
Amount
103, 228. 00
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
Signature:
Name: Mark Ricci
Title: Account Manager
Date:
City of Lathrop
Signature:
Name:
Title:
Date:
Tony Fernandes
Information Technologies Manager
134
DocuSign Envelope ID: F34B02E5- 9B36- 4519- BE1B- ED908E456C7B SolidNetworks
OFFSITE STAGING CONFIGURATION AGREEMENT FOR QUOTE# w1
The Offsite 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 SHIP - TO location of the agreement.
2. Invoicing
Client may be invoiced for the equipment upon delivery to the offsite location. 135
PAGE LEFT
INTENTIONALLY
BLANK
136
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
ITEM 4. 10
APPROVE LICENSE AGREEMENT WITH SAN JOAQUIN
COUNTY ALLOWING THE INSTALLATION OF A
PERMANENT ELECTION BALLOT BOX IN THE CITY
HALL PARKING LOT
RECOMMENDATION: Adopt Resolution Authorizing the City Manager to Execute License Agreement with San Joaquin County
Registrar of Voters for the Installation of a
Permanent Vote -By -Mail Ballot Box in the City Hall
Parking Lot
SUMMARY:
The California Secretary of State, County and Local Election Officials throughout the state have been making significant efforts and changes to increase voter engagement and election security. Earlier this year, the San Joaquin County Registrar of Voters proposed to all San Joaquin County local agencies the installation of permanent vote - by -mail ballot boxes, to replace temporary, portable ballot boxes. This proposed upgrade complies with California Election Code Section 3025. 5, which requires at a minimum:
At least one vote - by -mail ballot drop- offlocation for every 30, 000 registered voters within the jurisdiction where the election is held.
A vote by mail ballot drop- offlocation provided for under this section consists of a secure, accessible, and locked ballot box located as near as possible to established public transportation routes and that is able to receive voted ballots.
All vote by mail ballot drop- offlocations shall be open at least during regular business hours beginning not less than 28 days before the day of the election, and on the day of the election.
At least one vote by mail ballot drop- offlocation shall be an exterior drop box that is available for a minimum of 12 hours per day.
Over the years, the Lathrop City Hall has consistently been designated as a vote -by - mail ballot drop- offlocation during Primary and General Elections in San Joaquin by the Registrar of Voters office. Per California Election Code Section 3025( 2), a " vote - by -mail ballot drop- offlocation" means a location consisting of a secured vote by mail ballot drop box at which a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
In prior years, the vote - by -mail ballot drop box has been located inside City Hall, near the Finance Department utility payment counter. The San Joaquin County Registrar of Voters proposes that the new permanent vote -by -mail ballot drop box be located in the South - East portion of the City Hall parking lot, accessible from the North and West entrances of City Hall ( Exhibit A of the Agreement; see image location below).
137
CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE LICENSE AGREEMENT WITH SAN JOAQUIN COUNTY ALLOWING
THE INSTALLATION OF A PERMANENT ELECTION BALLOT BOX
Image of the South -East Side of the Lathrop City Hall Parking Lot.
Additional Image of the South -East Side of the Lathrop City Hall Parking Lot.
The San Joaquin County Registrar of Voters vote -by -mail ballot drop box will be open and accessible during business hours for the 30 days prior to an election, and from 7 a. m. to 8 p. m. during Election Day, pursuant to the laws set forth within the California Elections Code and Code of Regulations, also known as the " Election Period". 138
CITY MANAGER' S REPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE LICENSE AGREEMENT WITH SAN JOAQUIN COUNTY ALLOWING
THE INSTALLATION OF A PERMANENT ELECTION BALLOT BOX
During times outside of the designated Election Period, the lid to the vote - by -mail ballot drop box will be closed and locked. Additionally, the San Joaquin County Registrar of Voters will provide a 24 -hour surveillance camera to ensure the necessary security during the Election Period. The surveillance camera will be monitored by the San Joaquin County Registrar of Voters and the San Joaquin County Sheriff' sOffice.
There will be a second vote - by -mail ballot drop box location in Lathrop at La Reina Supermarket, 1357 E. Louise Avenue, Lathrop, CA 95330. This location is privately owned and does not require City Council approval. The same levels of security will be applied to this location by the San Joaquin County Registrar of Voters. Lastly, during the 2024 March Primary Election staff tried the outside vote -by -mail ballot drop box location at City Hall. The ballot box was secured with heavy duty chains to a metal pole. While residents required a little readjusting to the new location, voter turnout significantly increased according the feedback received by the San Joaquin County Registrar of Voters. There were also no reported issues during the said trial Election Period. The ballot box currently sits secured, locked, unbolted to the cement, pending City Council consideration of the permanent location License Agreement.
Therefore, staff requests City Council consideration of the proposed resolution authorizing the City Manager to execute a License Agreement with San Joaquin County Registrar of Voters for the installation of a permanent vote - by -mail ballot box in the City Hall parking lot.
BACKGROUND:
The San Joaquin County Registrar of Voters is the Elections Official for San Joaquin County. Additionally, Registrar of Voters provides consolidated election services to the cities, schools and special districts of San Joaquin County. Earlier this year, the San Joaquin County Registrar of Voters proposed to all San Joaquin County local agencies the installation of permanent vote -by -mail ballot boxes, to replace temporary ballot boxes, and comply with California Election Code Section 3025. 5, which requires at least one vote -by -mail ballot drop- off location for every 30, 000 registered voters within the jurisdiction where the election is held. The Registrar of Voters undertakes necessary measures in ensuring that voting locations and services meet the guidelines promulgated by the Secretary of State for accessibility. In determining locations, the Registrar of Voters shall, at a minimum, consider concentrations of population, geographic areas, voter convenience, proximity to public transportation, community - based locations, and security. Over the years, the Lathrop City Hall has consistently been designated a ballot drop- offlocation during Primary and General Elections in San Joaquin by the Registrar of Voters office. In prior years, the vote -by -mail ballot drop box has been located inside City Hall, near the Finance Department payment counter. The San Joaquin County Registrar of Voters proposes that the new permanent vote - by -mail ballot drop box be located in the City Hall parking lot, accessible from the North and West entrances of City Hall. 139
CITY MANAGER' S REPORT PAGE 4
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE LICENSE AGREEMENT WITH SAN JOAQUIN COUNTY ALLOWING
THE INSTALLATION OF A PERMANENT ELECTION BALLOT BOX
The San Joaquin County Registrar of Voters vote -by -mail ballot drop box will be open and accessible during business hours for the 30 days prior to an election, and from 7 a. m. to 8 p. m. during Election Day, pursuant to the laws set forth within the California Elections Code and Code of Regulations. Times outside of the designated Election Period, the lid to the vote -by -mail ballot drop box will be closed and not inaccessible.
Additionally, the San Joaquin County Registrar of Voters will provide a 24 -hour surveillance camera to ensure the additional security during the Election Period.
The vote -by -mail ballot drop box shall have the following specifications:
1. Metal construction
2. Weight: 1, 000 pounds
3. Height: 53. inches
4. Width: 65. 4 inches
5. Depth: 53. 3 inches
As further detailed in the images below:
Registrar.
OFFICIAL BALLOT DROP BOX
Rteitqft ( Iriu! h ! nnevru r1 ' 1>uh n,
randnmurduurt vnrtt I'r L
Al
www. sjcrov. og
No postage necessary when returning the
ballot in a drop box.
San Joaquin County Registrar of Voters Office
Voter Hotline.
1 ( 800) 400- 5009
All boxes will need to be installed with anchor bolts designed for concrete or bolts cast into the concrete prior to box installation. Minimum installation requires four 4) bolts at 3/ 4" (at minimum). There are eight ( 8) fabricated 7/ 8" diameter holes with 3/ 16" recess in the box specifically for these bolts. Some installations may require leveling and pouring of a small concrete pad, if no concrete pad currently exists or is not level at the install location.
140
CITY MANAGER' S REPORT PAGE 5
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE LICENSE AGREEMENT WITH SAN JOAQUIN COUNTY ALLOWING
THE INSTALLATION OF A PERMANENT ELECTION BALLOT BOX
REASON FOR RECOMMENDATION:
Staff recommends City Council consideration of the proposed resolution authorizing the City Manager to execute a License Agreement with San Joaquin County Registrar of Voters for the installation of a permanent vote -by -mail ballot box in the City Hall parking lot. This service during the Election Period provides voting accessibility and voters can confidently drop off their ballots in a secure environment.
FISCAL IMPACT:
At this time, there is no direct fiscal impact to the city. The installation, maintenance and security costs are provides by the San Joaquin County Registrar of Voters.
ATTACHMENTS:
A. Resolution Authorizing the City Manager to Execute License Agreement with San Joaquin County Registrar of Voters for the Installation of a Permanent Vote -By -Mail Ballot Box in the City Hall Parking Lot
B. Proposed License Agreement between the City of Lathrop and San Joaquin County Registrar of Voters for Permanent Vote -by -Mail Drop Box 141
CITY MANAGER' S REPORT PAGE 6
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE LICENSE AGREEMENT WITH SAN JOAQUIN COUNTY ALLOWING
THE INSTALLATION OF A PERMANENT ELECTION BALLOT BOX
APPROVALS:
resa Vargas
Government Services Director &
City Clerk
Date
4215/ Zozi.{
Thomas Hedegard Date
Deputy City Manager
le S Lc Z y
Salvador Navarrete Date
City Attorney
Stepf fiJ. Salvatore
City Manager
Date
142
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AUTHORIZING THE CITY MANAGER TO EXECUTE LICENSE AGREEMENT WITH
SAN ) OAQUIN COUNTY REGISTRAR OF VOTERS FOR THE INSTALLATION OF
A PERMANENT VOTE -BY -MAIL BALLOT BOX IN THE CITY HALL PARKING LOT WHEREAS, the California Secretary of State, County and Local Election Officials throughout the state have been making significant efforts and changes to increase voter engagement and election security; and
WHEREAS, earlier this year, the San Joaquin County Registrar of Voters proposed to all San Joaquin County local agencies the installation of permanent vote - by -mail ballot boxes, to replace temporary, portable ballot boxes; and WHEREAS, this proposed upgrade complies with California Election Code Section 3025. 5, which requires at a minimum:
At least one vote -by -mail ballot drop- offlocation for every 30, 000 registered voters within the jurisdiction where the election is held.
A vote by mail ballot drop- offlocation provided for under this section consists of a secure, accessible, and locked ballot box located as near as possible to established public transportation routes and that is able to receive voted ballots.
All vote by mail ballot drop- offlocations shall be open at least during regular business hours beginning not less than 28 days before the day of the election, and on the day of the election.
At least one vote by mail ballot drop- offlocation shall be an exterior drop box that is available for a minimum of 12 hours per day; and WHEREAS, the Lathrop City Hall has consistently been designated a ballot drop- offlocation during Primary and General Elections in San Joaquin by the Registrar of Voters office; and
WHEREAS, in prior years, the vote -by -mail ballot drop box has been located inside City Hall, near the Finance Department utility payment counter; and WHEREAS, the San Joaquin County Registrar of Voters is proposing that the new permanent vote -by -mail ballot drop box be located in the South -East portion of the City Hall parking lot, accessible from the North and West entrances of City Hall; and
WHEREAS, the San Joaquin County Registrar of Voters vote -by -mail ballot drop box will be open and accessible during business hours for the 30 days prior to an election, and from 7 a. m. to 8 p. m. during Election Day, pursuant to the laws set forth within the California Elections Code and Code of Regulations, this is also known as the " Election Period"; and
WHEREAS,
Resolution No. 24-
143
WHEREAS, times outside of the designated Election Period, the lid to the vote - by -mail ballot drop box will be closed and locked; and WHEREAS, the San Joaquin County Registrar of Voters will provide a 24 -hour surveillance camera to ensure the necessary security during the Election Period. The surveillance camera will be monitored by the San Joaquin County Registrar of Voters and the San Joaquin County Sheriff' sOffice; and
WHEREAS, during the 2024 March Primary Election staff tried the outside vote -by -mail ballot drop box location at City Hall. The ballot box was secured with heavy duty chains to a metal pole; and
WHEREAS, there were no reported issues during the said trial Election Period.
The ballot box currently sits secured, locked, unbolted to the cement, pending City Council consideration of the permanent location License Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby authorizes the City Manager to execute a License Agreement with San Joaquin County Registrar of Voters for the installation of a permanent vote -by - mail ballot box in the City Hall parking lot.
The foregoing resolution was passed and adopted this 10th day of June 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-
144
Attachment B
License Number 2023- 001
Registrar of Voters
City of Lathrop
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (" License") is made and entered into February 5, 2024 Effective Date"), by and between LICENSOR, City of Lathrop ( hereinafter referred to as Licensor") and the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California, through its REGISTRAR OF VOTERS ( hereinafter referred to as " County"), without regard to number and gender. County and Licensor may sometimes hereinafter be referred to individually as " Party" orjointly as " Parties."
1. DEFINITIONS
The following words in this License shall have the significance attached to them in this Clause 1 ( DEFINITIONS), unless otherwise apparent from context:
a. " Registrar of Voters ( ROV)" means the San Joaquin County Registrar of Voters, or designee, or upon written notice from County, such other person or entity as shall be designated by the Board of Supervisors.
b. " Official Ballot Drop Box" means a Vote by mail ballot drop box authorized by the ROV.
2. LICENSE AREA
Licensor grants to County, and its agents and contractors, the right to access and use a portion of that/hose certain property( ies), described on Exhibit A and shown on Exhibit B ( hereinafter referred to as the " License Area( s)"), which exhibits are attached hereto and by reference made a part hereof, together with non- exclusive, in common use of driveways for vehicle ingress and egress, pedestrian walkways, other facilities, and common areas appurtenant to the License Area. Licensor represents and warrants that the License Area is free and clear of easements, including utility easements that would impede the County' s use of the License Area, as set forth below. The Parties agree that the License Area may be modified by County pursuant to the terms herein. If, for example, the License Area includes multiple properties, the County may reduce the number of properties within the License Areas, pursuant to Clauses 6 and 20, below.
3. COUNTY AND PUBLIC USE
a. County' s use of the License Area shall be limited to installing, operating, securing, and maintaining an Official Ballot Drop Box on the License Area. County shall not use the License Area or any portion thereof for any illegal or unlawful purpose and will not cause or permit a nuisance to be created or maintained therein.
San Joaquin County
City of Lathrop
Rent Free Acquisition License
Registrar of Voters
License Number 2023- 001
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License Number 2023- 001
Registrar of Voters
City of Lathrop
b. The Parties further acknowledge and agree that the County' s use of the License Area is for the operation of an Official Ballot Drop Box consistent with the applicable law as set forth within the California Elections Code and the California Code of Regulations. Licensor grants to voters, and other County invitees, the right of access to the License Area, described in Clause 2 ( LICENSE AREA), above, for purposes consistent with the conduct of, and participation in, an election. Licensor acknowledges that the Official Ballot Drop Box shall be made available during business hours for the 30 days prior to an election and until 8: 00 p. m. on Election Day (" Election Period"). County shall endeavor to notify Licensor with an election schedule no later than 30 days before the commencement of the Election Period pursuant to Clause 28 ( NOTICES).
c. Consistent with the uses outlined in this Clause 3, Licensor shall notify the County within 24 hours of any change to the License Area or surrounding property that would make the Official Ballot Drop Box inaccessible during the Election Period and frustrate the intent of this License. However, during a catastrophic or emergency event, Licensor may notify County as soon as reasonably possible.
Licensor shall not make any discretionary and/ or elective changes to the License Area or the appurtenant common areas referenced in Clause 2 ( License Area) during an Election Period. Any changes to the License Area or appurtenant common areas by Licensor during an Election Period shall be reserved to emergencies or other necessitated, mandatory or required changes.
4. PARKING
Licensor, throughout the Term, as set forth below, shall provide County, and its invitees, with the non- exclusive use of parking spaces. The location and any rules or instructions for use of these parking spaces shall be determined by the Licensor and provided to the County no later than the commencement of the first Election Period after the Effective Date.
5. TERM
This License shall commence on the Effective Date written above and shall continue in effect for five ( 5) years (" Term") or as otherwise terminated in accordance with Clause 6 TERMINATION) of this License.
6. TERMINATION
This License may be revocable by either Party; however, Licensor shall not revoke the License during an Election Period. Should a Party elect to revoke this License, the Party must first provide the other Party with advanced written notice pursuant to Clause 28 ( NOTICES) in accordance with the following conditions:
San Joaquin County
City of Lathrop
2 Rent Free Acquisition License
Registrar of Voters
License Number 2023- 001
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License Number 2023- 001
Registrar of Voters
City of Lathrop
a. Election year: whenever the ROV is tasked with administering or conducting an established election as set forth within California Elections Code section 1000, the revoking Party must provide the other party with at least two hundred ( 200) calendar days advance written notice prior to the termination date.
b. Non -election years: during the years in which the ROV is not administering or conducting an established election, the revoking Party must provide at least ninety ( 90) calendar days advance written notice to the other Party prior to the termination date.
In the event the County modifies the License Area pursuant to Section 20 ( AMENDMENTS) for example, by removing property or properties from the License Area — said modification shall not terminate the License for the remaining property or properties that comprise the License Area.
7. LICENSE FEE
In consideration for the valuable public services provided to the citizens of the County of San Joaquin performed by County consistent with Clause 3 ( USE) above and pursuant to this License, the license fee shall be waived for County' s use of the Licensed Area.
8. UTILITIES, MAINTENANCE AND JANITORIAL
Licensor shall be responsible for all janitorial, maintenance and repairs outside of the License Area, ( including but not limited to: fire alarm, fire extinguisher, HVAC system, elevator maintenance, landscaping, pest control, and trash) unless such maintenance and repairs arise out of County' s negligence or intentional acts not in accordance with the uses permitted herein, per Clause 3 ( USE) above, and not including normal wear and tear.
9. ALTERATIONS
County may make improvements and changes, at the County' s expense, in and to the License Area, including, but not limited to changes described in Exhibit C, attached hereto, and those deemed necessary or appropriate by the County in its discretion, subject to advance written permission from Licensor. It is agreed that any such improvements attached to or placed upon the License Area by County shall be considered as personal property of County, who shall have the right, but not the obligation, to remove same. County agrees that the License Area shall be left in as good condition as when received, reasonable wear and tear excepted.
10. OWNERSHIP OF IMPROVEMENTS
a. All improvements constructed or placed within the License Area by County County Improvements") must, upon completion, be free and clear of all liens, claims, or liability for labor or material. The County Improvements shall remain property of County and shall be removed by County at the termination of this License, without damage to the License Area.
San Joaquin County
City of Lathrop
3 Rent Free Acquisition License
Registrar of Voters
License Number 2023- 001
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License Number 2023- 001
Registrar of Voters
City of Lathrop
b. The County Improvements to be installed on the License Area shall include the Official Ballot Drop Box as specified in the included Exhibit C. The County shall be responsible for all costs incurred in the installation of the County Improvements.
The County shall coordinate the installation and inspection of the County Improvements with the Licensor and Licensor' s Construction Division.
11. OPERATIONAL REQUIREMENTS OF COUNTY
County shall, to the satisfaction of Licensor, keep and maintain the License Area and all improvements of any kind in good condition and in substantial repair, normal wear and tear excepted. It shall be County' sresponsibility to take all steps necessary or appropriate to maintain such standard of condition and repair. Licensor shall endeavor to notify the County when Licensor observes that maintenance is necessary.
County expressly agrees to maintain the License Area in a safe, clean, wholesome, and sanitary condition, to the complete satisfaction of Licensor and in compliance with all applicable laws.
In the event the Licensor determines, in its reasonable discretion, that an employee, contractor, or invitee of County is failing to adhere to proper standards of public conduct, is in violation of any Licensor policy and/ oris in any way disrupting the activities of the Licensor' semployees, students, and/ or invitees, the Licensor reserves the right to remove said individual, and/ or require County to remove said individual from the License Area. If warranted, County shall endeavor to prohibit said individual' sfuture access to the License Area, subject to applicable law.
12. VIDEO SECURITY SURVEILLANCE SYSTEM
If feasible, the County shall have access to any video security surveillance footage recorded and stored by Licensor.
Licensor hereby acknowledges that County intends to provide video security surveillance of the License Area with camera equipment described in Exhibit D. 2 located in the License Area to monitor public activity and that video surveillance activity will be limited to the License Area, unless otherwise expressly agreed in writing by the Licensor. Licensor may have access to any video security surveillance footage recorded and stored by County in accordance with State law, such as the California Public Records Act, subject to any processed mandated therein.
13. INDEMNIFICATION
a. Licensor hereby agrees to indemnify, hold harmless, and defend County, its officers, agents, and employees, with counsel approved by County, against any and all claims, loss, demands, damages, cost, expenses or liability arising out of the San Joaquin County
City of Lathrop
4 Rent Free Acquisition License
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License Number 2023- 001
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License Number 2023- 001
Registrar of Voters
City of Lathrop
ownership or maintenance of the License Area by Licensor, except for liability arising out of the sole negligence of County, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event County is named as co- defendant, Licensor shall notify County of such fact and shall represent County, with counsel approved by County, in such legal action unless County undertakes to represent itself as co- defendant in such legal action, in which event Licensor shall pay to County its litigation costs, expenses and attorneys' fees. b. County hereby agrees to indemnify, hold harmless, and defend Licensor, its officers, agents, and employees, against any and all claims, loss, demands, damages, cost, expenses or liability arising out of the use of the License Area by County, except for liability arising out of the negligence of Licensor, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event Licensor is named as co- defendant, County shall notify Licensor of such fact and shall represent Licensor, with counsel approved by Licensor, in such legal action unless Licensor undertakes to represent itself as codefendant in such legal action, in which event County shall pay to Licensor its litigation costs, expenses and attorneys' fees.
c. In the event judgment is entered against County and Licensor because of the concurrent active negligence of County and Licensor, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party shall request a jury apportionment.
d. The provisions of this Section shall survive the termination or expiration of this License.
14. ASSIGNMENT AND SUBAGREEMENTS
Any assignment of this License or sublicenses under this License require the prior written approval of Licensor, which approval will not be unreasonably withheld, conditioned or delayed.
15. EMPLOYMENT
No County employee shall be considered as an employee of the Licensor under the jurisdiction of Licensor, nor shall such County employees have any Licensor pension, civil service, or other status while an employee of County.
County shall have no authority to contract on behalf of Licensor. It is expressly understood and agreed by both Parties hereto that County, while engaged in carrying out and complying with any terms ofthis License, is not acting as an agent, officer, or employee of Licensor.
San Joaquin County
City of Lathrop
5 Rent Free Acquisition License
Registrar of Voters
License Number 2023- 001
149
License Number 2023- 001
Registrar of Voters
City of Lathrop
In the performance of permitted uses as consistent with Clause 3 ( USE) above, as well as the various duties and obligations imposed by this License, the Parties are at all times acting independently. Neither Licensor, nor any of its officers, agents and employees shall be deemed an employee of County, nor have any claim( s) under this License or otherwise against COUNTY for vacation, sick leave, retirement benefits, social security or workers' compensation benefits.
16. SIGNS
Licensor agrees to allow County to install and maintain any sign or display upon or in front of the License Area and/ or property. Such signage shall comply with all applicable laws and zoning and site plan requirements and be consistent with Licensor signage on the property upon which the License Area is located.
17. ELECTIONEERING
No electioneering is permitted within 100 feet of the Official Ballot Drop Box during the Election Period. Licensor agrees that County and its staff may take steps they deem reasonably necessary to stop or prevent such electioneering. Licensor, its officers, agents, and employees will refrain from erecting or permitting any sign, display, or other demonstration that may have the effect of influencing or intimidating voters during the Election Period. County may take the steps they deem reasonably necessary to obscure or remove any such sign, display, or other demonstration. For purposes of this section, "electioneering" means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within 100 feet of the Official Ballot Drop Box. Such electioneering information includes but is not limited to:
1. Display of a candidate' sname, likeness, or logo;
2. A display of a ballot measure' snumber, title, subject, or logo;
3. Buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information;
4. Dissemination of audible electioneering information; and/ or
5. Loitering near or disseminating visible or audible electioneering information.
18. AUTHORITY
The persons executing the License below on behalf of County or Licensor warrant that they have the power and authority to bind County or Licensor to this License.
19. LICENSE ORGANIZATION
The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise.
San Joaquin County
City of Lathrop
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License Number 2023- 001
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License Number 2023- 001
Registrar of Voters
City of Lathrop
20. AMENDMENTS
This License is the sole and only agreement between the Parties regarding the subject matter hereof; other agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both Parties; however, County may modify the License Area, in its discretion, upon written notification from the ROV informing Licensor of the modification and the date the modification will become effective. Based on such written notice the Parties agree to thereafter amend this License to reflect the revised License Area if so desired by either Party.
21. PARTIAL INVALIDITY
If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
22. WAIVER OF RIGHTS
The failure of Licensor or County to insist upon strict performance of any of the terms, conditions, and covenants in this License shall not be deemed a waiver of any right or remedy that Licensor or County may have, and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, and covenants herein contained.
23. GOVERNING LAW AND VENUE
This License has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this License, the sole and exclusive venue shall be a court of competent jurisdiction located in San Joaquin County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394.
The Parties expressly understand and agree that this License constitutes a license for use of the License Area. This License is not intended by the Parties, nor shall it be legally construed, to convey a
leasehold, easement, or other interest in real property. County acknowledges that a license is a valid form of agreement and shall not contest the validity of the form of this License in any action or proceeding brought by County against the Licensor, or by the Licensor against County. Should either Party be compelled to institute arbitration, legal, or other proceedings against the other for or on account of the other Party' sfailure or refusal to perform or fulfill any of the covenants or conditions of this License on its part to be performed or fulfilled, the Parties agree that the rules and principles applicable to licenses shall govern such actions or proceedings.
San Joaquin County
City of Lathrop
7 Rent Free Acquisition License
Registrar of Voters
License Number 2023- 001
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License Number 2023- 001
Registrar of Voters
City of Lathrop
24. ATTORNEYS' FEES
In the event of a dispute between Licensor and County concerning claims arising out of this License, or in any action or proceeding brought to enforce or interpret any provision of this License or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs.
25. TIME OF ESSENCE
Time is of the essence of this License. Failure to comply with any time requirements of this License shall constitute a material breach of this License.
26. CONDITION OF LICENSE AREA UPON TERMINATION
Except as otherwise agreed to herein, upon termination of this License, County shall redeliver possession of said License Area to Licensor in substantially the same condition that existed immediately prior to County' s entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted.
27. RELATIONSHIP OF PARTIES
The relationship of the Parties hereto is that of Licensor and County, and it is expressly understood and agreed that Licensor does not in any way or for any purpose become a partner of or a joint venture with County in the conduct of County' s business or otherwise.
28. NOTICES
All written notices pursuant to this License shall be addressed as set forth below or as either Party may hereafter designate by written notice and shall be deemed delivered upon personal delivery, delivery by facsimile machine, electronic mail, or seventy- two (72) hours after deposit in the United States Mail.
To: COUNTY
County of San Joaquin
Registrar of Voters
44 N San Joaquin Street, Suite 350
Stockton, CA. 95202
Attention: Olivia Hale
ohale@sjgov. or
209- 468- 3191
To: LICENSOR
City of Lathrop
City Manager' s
Office
390 Towne Centre Drive
Lathrop, CA 95330
With a
copy to:
City Clerk' sOffice
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7230 / cco@ci. lathrop. ca. us
San Joaquin County
City of Lathrop
8 Rent Free Acquisition License
Registrar of Voters
License Number 2023- 001
152
License Number 2023- 001
Registrar of Voters
City of Lathrop
29. ATTACHMENTS TO LICENSE
This License includes the following, which are attached hereto and made a part hereof:
I. EXHIBITS
Exhibit A — License Area
Description Exhibit B —
Location Map
Exhibit C — Official Ballot Drop Box Specifications
San Joaquin County
City of Lathrop
9 Rent Free Acquisition License
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License Number 2023- 001
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License Number 2023- 001
Registrar of Voters
City of Lathrop
IN WITNESS WHEREOF, the Parties have executed this License the day and year first above written.
COUNTY OF SAN JOAQUIN, a political
subdivision of the State of California
By:
OLIVIA HALE, Registrar of Voters
San Joaquin County, State of California
APPROVED AS TO FORM:
OFFICE OF COUNTY COUNSEL
SAN JOAQUIN COUNTY, CALIFORNIA
By:
Deputy County Counsel
LICENSOR, CITY OF
LATHROP, a general law
municipal agency of the State of
California
By:
Stephen J. Salvatore, City Manager,
City of Lathrop
APPROVED AS TO FORM:
Salvador Navarrete, City Attorney,
City of Lathrop
ATTEST:
By:
Teresa Vargas, City Clerk,
Government Services Director
City of Lathrop
San Joaquin County
City of Lathrop
10 Rent Free Acquisition License
Registrar of Voters
154
License Number 2023- 001
License Number 2023- 001
Registrar of Voters
City of Lathrop
EXHIBIT A
DROP BOX AREA OF LICENSE AREA
DESCRIPTION
The location of the drop box is accessible and can be seen from both North and West entrances of Lathrop City Hall. It is placed right in front of the city hall main entrance under the parking lot shelter. The front of the drop box will be facing East for both Drive -up and Walk- updrop off of Vote -by -Mail ballots.
NOT TO BE RECORDED
San Joaquin County
City of Lathrop
11 Rent Free Acquisition License
Registrar of Voters
License Number 2023- 001
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Y A
License Number 2023- 001
Registrar of Voters
City ofLathrop
EXHIBIT B
LOCATION MAP FOR DROP BOX LOCATION OF
LICENSE AREA
Latitude: 37° 48' 13.7" N
Longitude: 121°8'2. 73" W
San Joaquin County
City of Lathrop
12 Rent Free Acquisition License
Registrar of Voters
License Number 2023- 001
156
EXHIBIT C
OFFICIAL BALLOT DROP BOX
SPECIFICATIONS
The Official Ballot Drop Box shall have the following specifications:
1. Metal construction
2. Weight: 1, 000 pounds
3. Height: 53. inches
4. Width: 65. 4inches
5. Depth: 53. 3 inches
As further detailed in the image below:
Registrar.
OFFICIAL BALLOT DROP BOX
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Installation includes:
No postage necessary when returning the
ballot in a drop box.
San Joaquin County Registrar of Voters Office
Voter Hotline.
1( 800) 40- 5009
All boxes will need to be installed with anchor bolts designed for concrete or bolts cast into the concrete prior to box installation. Minimum installation requires four ( 4) bolts at 3/" (at minimum). There are eight ( 8) fabricated 7/ 8" diameter holes with 3/ 16" recess in the box specifically for these bolts. Some installations may require leveling and pouring of a small concrete pad, if no concrete pad currently exists or is not level at the install location.
San Joaquin County
City of Lathrop
13 Rent Free Acquisition License
Registrar of Voters
License Number 2023- 001
157
EXHIBIT D. 1
SURVEILLANCE CAMERA LICENSE AREA DESCRIPTION
AND LOCATION MAP
The License Area includes the location of the temporary video camera surveillance equipment described in Exhibit D. 2 hereto, which will be located across from the ballot box location, designated by the coordinates below and marked in the photographs below. The County will utilize and operate the camera surveillance equipment during an election which is marked in blue" on the provided image. The trailered surveillance equipment will be installed any time within the 7 -day period preceding the 30 -day election period and will be removed within 7 days after the 30 -day election period concludes.
Latitude: 37° 48' 12. 94" N
Longitude: 121°8'2. 20" W
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San Joaquin County
City of Lathrop
14 Rent Free Acquisition License
Registrar of Voters
License Number 2023- 001
158
EXHIBIT D. 2
SURVEILLANCE CAMERA SPECIFICATIONS
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15 San Joaquin County
City of Lathrop
Rent Free Acquisition License
Registrar of Voters
License Number 2023- 001
159
TECHNICAL SPECIFICATIONS
WEIGHT 1, 900 lbs
SUSPENSION 3, 500 lbs axle & springs
TIRE SIZE 13"
SOLAR GENERATION 800 watts
BATTERY CAPACITY 460 AH
MEASUREMENTS
LENGTH WIDTH HEIGHT
DEPLOYED 103" 96" 264"
TRANSPORT 100" 68" 102"
TOW 135" 68" 102"
NOT TO BE RECORDED
Mr/i/
San Joaquin County
City of Lathrop
16 Rent Free Acquisition License
Registrar of Voters
160 License Number 2023- 001
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
ITEM 4. 11
APPROVE OUT OF STATE TRAVEL FOR THE 2024
WOMEN IN MUNICIPAL GOVERNMENT ( WIMG)
SUMMER CONFERENCE
RECOMMENDATION: Adopt Resolution Authorizing Out of State Travel for the 2024 National League of Cities Women in
Municipal Government Summer Conference in
Hollywood, Florida, July 17-9, 2024, and Approving
Related Budget Amendment
SUMMARY:
One of National League of Cities ( NLC) six constituency groups, the Women in Municipal Government ( WIMG), brings together female municipal leaders to network, share best practices and engage in educational forums. WIMG is a caucus within the NLC that serves as a forum for communication and networking among women local officials and their colleagues. The group works to raise awareness about issues of concern to women, and it encourages women to seek public office in their communities.
This year, the NLC will be hosting their 2024 NLC WIMG Summer Conference in Hollywood, Florida, July 17, 2024, through July 19, 2024. WIMG 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.
Since City policy requires Council approval for all out of state travel, staff requests approval for up to three Council Members to attend the 2024 NLC WIMG Summer Conference. The cost per Council Member is approximately $ 5, 000, which includes conference registration, hotel, airfare, transportation and meals ( not provided by the 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.
161
CITY MANAGER' SREPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
2024 NATIONAL LEAGUE OF CITIES WOMEN IN MUNICIPAL GOVERNMENT
WIMG) SUMMER CONFERENCE
The Women in Municipal Government ( WIMG) is a caucus within the National League of Cities ( NLC) that serves as a forum for communication and networking among women local officials and their colleagues. The group works to raise awareness about issues of concern to women, and it encourages women to seek public office in their communities. Therefore, staff recommends that they participate in the upcoming NLC WIMG Summer Conference.
This year, the NLC will be hosting their 2024 NLC WIMG Summer Conference in Hollywood, Florida, July 17, 2024 through July 19, 2024. Established within the NLC in 1974, the WIMG works to raise awareness about issues of concern to women, and it encourages women to seek public office in their communities. It has successfully forged a prominent role for women in the development of NLC' s National Municipal Policy and its agenda for the nation' scities and towns.
Since, City policy requires Council approval for all out of state travel, staff requests approval for up to three Council Members to attend the 2024 NLC WIMG Summer Conference. The cost per Council Member is approximately $ 5, 000, which includes conference registration, hotel, airfare, transportation and meals 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, and awareness about issues of concern to women.
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- 0) to cover the cost of participation in the 2024 NLC WIMG Summer Conference. The cost per Council Member is approximately $ 5, 000, which includes registration, hotel, airfare, transportation and meals for up to three Council Members.
Increase Expenditure
1010-1- 10- 435- 20- 0 $ 15, 000
ATTACHMENTS:
A. Resolution Approving Out of State Travel to the 2024 National League of Cities Women in Municipal Government Summer Conference in Hollywood, Florida from July 17-9, 2024.
B. 2024 National League of Cities Women in Municipal Government Summer Conference in Hollywood, Florida Registration Information. 162
CITY MANAGER' SREPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
2024 NATIONAL LEAGUE OF CITIES WOMEN IN MUNICIPAL GOVERNMENT
WIMG) SUMMER CONFERENCE
APPROVALS:
eresa Vargas
Government Services Director &
City Clerk
Cari Jame
Director of Finance
DZ q/ I9/
Date
04/ 9.4
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete Date
City Attorney
0 -6. 24
S hen J. Salvatore Date
City Manager
163
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 WOMEN IN MUNICIPAL GOVERNMENT SUMMER CONFERENCE IN HOLLYWOOD, FLORIDA, JULY 17, 2024 THROUGH JULY 19, 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 Women in Municipal Government ( WIMG) 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 WIMG. Therefore, staff recommends that they participate in the upcoming NLC WIMG Summer Conference; and WHEREAS, the NLC will be hosing their 2024 NLC WIMG Summer Conference July 17, 2024 through July 19, 2024 in Hollywood, Florida; and WHEREAS, since City policy requires Council approval for all out of state travel, staff requests approval for three Council Members to attend the 2024 NLC WIMG 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 15, 000 to increase the City Council Training and Travel, in order to cover expenses.
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby authorizes travel for three Council Members to attend the 2024 NLC WIMG Summer Conference July 17, 2024 through July 19, 2024 in Hollywood, Florida including the budget amendment of $ 15, 000 from General Fund to Expense Account 1010-1- 10- 435- 20- 0 (City Council Training and Travel). 164
The foregoing resolution was passed and adopted this 10th day of June 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 165
Q
AO Events
NLC ioc
ATTACHMENT" d "
Women in Municipal Government ( WIMG) 2024 Summer
Conference
Jul 17th, 2024 - Jul 19th, 2024
Hollywood, FL
REGISTER NOW
Community & Economic Development Conference Leadership
On July 17-9, join NLC' sWomen in Municipal Government ( WIMG) Constituency Group in Hollywood, Florida, for this year' s annual summer conference.
This premier event brings together women in local government to:
Learn about local policy issues.
166
Expand your network with female elected officials and statewide leaders.
Strengthen your governance skills.
Explore creative solutions to challenges experienced in your communities.
Register today to join your peers for three days of engaging sessionsleadership building. mobile city tours, and an opportunity to discuss topics and share best practices unique to your role as a woman in local government.
What to Expect
Conference theme: Uplifting Women: Leadership • Safety • Success We look forward to having you join us for engaging panels, informative workshops and peer discussions on various topics that local leaders around the country are addressing.
This year. WIMG is striving to bring local leaders resources in the following areas, Addressing Domestic Violence
Youth Empowerment and the Pipeline for Future Women Leaders Housing Access
Resources for Families and Older Residents
Stay tuned for exciting updates on speakers and session titles coming soon' Schedule at -a -glance ( subject to change)
SCHEDULE AT -A -GLANCE
Registration Rates
Rates are based on your city' s
NLC membership.
Rate Early ( 4/ 1-6/2) Advance (After 6/ 13)
NLC Member 375 475
Non -Member 500 600
Guest/ Spouse registration
78+ Includes evening events only
200
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 12. The / ink to reserve your hotel stay will be included in your conference registration confirmation email. Please note there is a $ 700 cancellation fee before June 10, after which refunds are not guaranteed.
REGISTER NOW
Contact Us
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168
ITEM 4. 12
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A RESOLUTION WAIVING COMMERCIAL
LIABILITY INSURANCE REQUIREMENTS FOR CITY -
CONTRACTED ENTERTAINERS AT CITY SPONSORED
EVENTS
RECOMMENDATION: Adopt a Resolution to Waive Commercial Liability Insurance Requirements for City -Contracted
Entertainers at City Sponsored Events
SUMMARY:
The Parks and Recreation Department hosts over 52 events annually between Community Special Events, Senior Events, and Youth/ Teen Events. Each of these events may require the City to contract with a variety of performers for entertainment. To continue to uphold the quality of the events City of Lathrop residents have come to expect, the participation of such entertainers has become very significant. Most often, performers, musicians, bands, dancers, disc jockeys, judges, and other providers of entertainment do not carry commercial liability insurance.
The Parks and Recreation Department is requesting that Council consider waiving the commercial liability insurance requirement for such performers, musicians, bands, dancers, disc jockeys, judges, and other providers of entertainment contracted by the City to participate at City sponsored events. The performers, musicians, bands, dancers, disc jockeys, judges, and other entertainment providers would still be required to sign a Hold Harmless Agreement and a Service Contract wherein they would agree to indemnify the City for any damages and claims for their performance.
If this proposed waiver is approved by Council, the City would be responsible for liability resulting from such performances at such City -sponsored events to the extent performers are not willing or able to cover any liability resulting from their performances.
BACKGROUND:
The Parks and Recreation Department hosts a multitude of special events throughout the year. To continue to uphold the quality of the events City of Lathrop residents have come to expect, the participation of such entertainers has become very significant. Each of these events may require the City to contract with performers for entertainment. A stipulation in the City' s standard Service Contract requires the contractor to maintain commercial liability insurance, which many of these 169
CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE A RESOLUTION WAIVING COMMERCIAL LIABILITY INSURANCE
REQUIREMENTS FOR CITY -CONTRACTED ENTERTAINERS AT CITY
SPONSORED EVENTS
performers do not carry. If commercial liability insurance continues to be required by the City, many entertainers will not be able to participate in our events.
Staff reached out to the City' s
Risk Management Association for their opinion on the
potential waiver of commercial liability insurance and they provided the following:
This is one of those business decisions for the city. Ideally these groups would provide insurance, but the reality is many are too small and don' tordinarily carry insurance. Waiving insurance for these groups is a business decision for your city.
The Parks and Recreation Department is requesting that Council waive the commercial liability insurance requirement for performers, musicians, bands, dancers, disc jockeys, judges, and others at City sponsored events.
If this waiver is approved by Council, the City would be responsible for any liability resulting from such performances at such City -sponsored events to the extent performers are not willing or able to cover the liability resulting from such incidents.
RECOMMENDATION:
Adopt a Resolution to waive commercial liability insurance requirements for City - contracted performers, musicians, bands, dancers, disc jockeys, judges, and other entertainers providing entertainment at City sponsored events.
FISCAL IMPACT:
If the waiver is approved by Council, the City would be responsible for any liability resulting from such performances at such City -sponsored events to the extent performers are not willing or able to cover the liability resulting from such incidents.
Otherwise, no fiscal impact.
ATTACHMENTS:
A. A Resolution to Waive Commercial Liability Insurance Requirements for City - Contracted Entertainers at City Sponsored Events
170
CITY MANAGER' S REPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE A RESOLUTION WAIVING COMMERCIAL LIABILITY INSURANCE
REQUIREMENTS FOR CITY -CONTRACTED ENTERTAINERS AT CITY
SPONSORED EVENTS
APPROVALS:
Todd Sebastian Date
Director of Parks and Recreation
raft silo/ To- Li{
Cari James Date
Director of Finance
Thomas Hedegard Date
5-%34- 161., 4
Deputy City Manager
5- 31 • Zo Z'•(
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
10• S•' 14
Stephen J. Salvatore Date
City Manager
171
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO WAIVE
COMMERCIAL LIABILITY INSURANCE REQUIREMENTS FOR CITY -
CONTRACTED ENTERTAINERS AT CITY SPONSORED EVENTS
WHEREAS, the Parks and Recreation Department hosts over 52 events annually between Community Special Events, Senior Events, and Youth/ Teen Events; and
WHEREAS, each of these events may require the City to contract with a variety of performers for entertainment; and
WHEREAS, the City' s standard Service Contract requires that all contractors maintain commercial liability insurance which many of these entertainers do not carry; and
WHEREAS, to continue to uphold the quality of the events City of Lathrop residents have come to expect, the participation of such entertainers is required/ necessary; and
WHEREAS, the Parks and Recreation Department is requesting that Council waive the City' s usual requirement for commercial liability insurance for City - contracted entertainers for City sponsored events and only require entertainers to sign the City' sstandard Hold Harmless Agreement and Service Contract wherein they would agree to indemnify the City for damages and claims resulting from their performances; and
WHEREAS, if the proposed waiver is approved by Council, the City would be responsible for liability resulting from such performances at any City -sponsored events to the extent performers are not willing or able to cover any liability resulting from such incidents.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby waive commercial liability insurance requirements for City - contracted entertainers at City sponsored events.
172
The foregoing resolution was passed and adopted this 10th day of June, 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
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INTENTIONALLY
BLANK
174
ITEM 4. 13
CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE VARIOUS ANNUAL INDUSTRIAL SOLID
WASTE LICENSE RENEWALS FOR FISCAL YEAR ( FY)
2024-5
RECOMMENDATION: • Adopt Resolution Approving Annual Industrial Solid Waste License for California Materials, Inc., for FY
2024-5
Adopt Resolution Approving Annual Industrial
Solid Waste License for Cal -Waste Recovery Systems
for FY 2024-5
Adopt Resolution Approving Annual Industrial
Solid Waste License for Central Pacific Holdings, Inc., for FY 2024-5
Adopt Resolution Approving Annual Industrial
Solid Waste License for Republic Services for FY 2024-
25 Adopt Resolution Approving Annual Industrial
Solid Waste License for Ground Force Enterprises for
FY 2024-5
Adopt Resolution Approving Annual Industrial
Solid Waste License for Ra Ra Trucking, Inc., for FY
2024-5
Adopt Resolution Approving Annual Industrial
Solid Waste License for Stockton Scavengers for FY
2024-5
Adopt Resolution Approving Annual Industrial
Solid Waste License for Tesla, Inc., for FY 2024-5
Adopt Resolution Approving Annual Industrial
Solid Waste License for Tony and Sons Trucking, Inc.,
for FY 2024-5
SUMMARY:
The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management. The process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices.
To comply with said legislation, the City of Lathrop adopted Municipal Code Chapter
8. 16 (Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16.40 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License. The City received 175
CITY MANAGER' S REPORT PAGE 2
June 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE VARIOUS ANNUAL INDUSTRIAL SOLID WASTE LICENSE RENEWALS FOR FISCAL YEAR ( FY) 2024-5
Industrial Solid Waste Removal License applications from the following haulers for fiscal year 2024-5: California Materials, Inc., Cal -Waste Recycling Systems, Central Pacific Holdings, Inc., Republic Services, Ground Force Enterprises, Ra Ra Trucking, Inc., Stockton Scavengers, Tesla, Inc., and Tony and Sons Trucking, Inc.
Staff requests the approval of Industrial Solid Waste Removal Licenses for California Materials, Inc., Cal -Waste Recycling Systems, Central Pacific Holdings, Inc., Republic Services, Ground Force Enterprises, Ra Ra Trucking, Inc., Stockton Scavengers, Tesla, Inc., and Tony and Sons Trucking, Inc., for fiscal year 2024-5.
BACKGROUND:
Lathrop Municipal Code 8. 16.40, Section ( A) requires any company who collects and removes industrial solid waste within the City of Lathrop to apply annually for an industrial solid waste removal license.
California Materials, Inc., Cal -Waste Recycling Systems, Central Pacific Holdings, Inc., Ground Force Enterprises, Ra Ra Trucking, Inc., Stockton Scavengers, Tesla, Inc., and Tony and Sons Trucking, Inc., will be required to pay an annual license fee in the sum of two thousand five hundred dollars ($ 2, 500) and the standard eleven percent ( 11%) of their annual gross receipts and a ninety- two dollar ($ 92) license administration fee, which is set forth by Lathrop Municipal Code 8. 16.40.
Republic Services provides both residential and commercial waste collection service and therefore is not required to pay the annual license fee in the sum of two thousand five hundred dollars ($ 2, 500). However, Republic Services is required to pay the standard eleven percent ( 11%) of their annual gross receipts and $ 92 administration fee, which is set forth by Lathrop Municipal Code 8. 16.40.
California Materials, Inc., Cal - Waste Recycling Systems, Central Pacific Holdings, Inc., Republic Services, Ground Force Enterprises, Ra Ra Trucking, Inc., Stockton Scavengers, Tesla, Inc., and Tony and Sons Trucking, Inc., have submitted their annual license application, applicable fees, insurance, locations serviced, and their bonds or financial status report.
RECOMMENDATION:
To continue our efforts to meet the terms of the AB939 legislation, and continue implementing plans for source reduction, reuse, and recycling as part of our integrated waste management practices, staff recommends that City Council approve Industrial Solid Waste Removal Licenses for California Materials, Inc., Cal - Waste Recycling Systems, Central Pacific Holdings, Inc., Republic Services, Ground Force Enterprises, Ra Ra Trucking, Inc., Stockton Scavengers, Tesla, Inc., and Tony and Sons Trucking, Inc., for fiscal year 2024-5.
176
CITY MANAGER' S REPORT PAGE 3
June 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE VARIOUS ANNUAL INDUSTRIAL SOLID WASTE LICENSE RENEWALS FOR FISCAL YEAR ( FY) 2024-5
FISCAL IMPACT:
Revenue received from these companies will be deposited into the Franchise Tax - Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5.
The license administration fees in the amount of ninety- twodollars ($ 92) received from these companies will be deposited into Parks and Recreation account number 1010- 3- 01-41-.
The annual license fee in the amount of two thousand five hundred dollars ($ 2, 500) received from these companies will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5.
ATTACHMENTS:
A. Resolution Approving an Annual Industrial Solid Waste License for California Materials, Inc., for FY 2024-5
B. Resolution Approving an Annual Industrial Solid Waste License for Cal -Waste Recovery Systems for FY 2024-5
C. Resolution Approving an Annual Industrial Solid Waste License for Central Pacific Holdings, Inc., for FY 2024-5
D. Resolution Approving an Annual Industrial Solid Waste License for Republic Services for FY 2024-5
E. Resolution Approving an Annual Industrial Solid Waste License for Ground Force Enterprises for FY 2024-5
F. Resolution Approving Annual Industrial Solid Waste License for Ra Ra Trucking, Inc., for FY 2024-5
G. Resolution Approving an Annual Industrial Solid Waste License for Stockton Scavengers for FY 2024-5
H. Resolution Approving an Annual Industrial Solid Waste License for Tesla, Inc., for FY 2024-5
I. Resolution Approving an Annual Industrial Solid Waste License for Tony and Sons Trucking, Inc., for FY 2024-5
J. Industrial Refuse Collection Application from California Materials, Inc.
K. Industrial Refuse Collection Application from Cal - Waste Recycling Systems L. Industrial Refuse Collection Application from Central Pacific Holdings, Inc.
M. Industrial Refuse Collection Application from Republic Services N. Industrial Refuse Collection Application from Ground Force Enterprises
0. Industrial Refuse Collection Application from Ra Ra Trucking, Inc.
P. Industrial Refuse Collection Application from Stockton Scavengers Q. Industrial Refuse Collection Application from Tesla, Inc.
R. Industrial Refuse Collection Application from Tony and Sons Trucking, Inc. 177
CITY MANAGER' S REPORT PAGE 4
June 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE VARIOUS ANNUAL INDUSTRIAL SOLID WASTE LICENSE RENEWALS FOR FISCAL YEAR ( FY) 2024-5
APPROVALS:
Todd Sebastian
Director of Parks and Recreation
Cari Ja e
Finance: Di ector
F. 23 . v-1
Date
a3/ o2. 0 '
Date
S/ 2 /zoti l
Thomas Hedegard Date
Deputy City Manager
l .
Michael King Date
Assistant City Manager
5. 30 • Zo2y
z z --Lo zq
Salvador Navarrete Date
City Attorney
St en J. Salvatore
City Manager
Lo • 3•Z*
Date
178
Attachment A
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING
AN ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR CALIFORNIA MATERIALS, INC., FOR FISCAL YEAR 2024-5
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management; and
WHEREAS, the process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices; and
WHEREAS, to comply with said legislation, the City of Lathrop adopted Municipal Code Chapter 8. 16 (Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16.40 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License; and WHEREAS, California Materials, Inc., submitted their annual license application, applicable fees, insurance, locations serviced, and their bonds or financial status report for fiscal year 2024-5; and
WHEREAS, to continue our efforts to meet the terms of the AB939 legislation and continue implementing plans for source reduction, reuse, and recycling as part of their integrated solid waste management practices, staff recommends that City Council approve the Industrial Solid Waste Removal License for California Materials, Inc.; and WHEREAS, the following monies received from this company will be deposited as follows:
The standard eleven percent ( 11%) of their annual gross receipt monies received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5;
License administration fee in the amount of ninety- twodollars ($ 92) will be deposited into Parks and Recreation account number 1010- 3- 01-41-; Annual license fee in the amount of two thousand five hundred dollars ($ 2, 500) received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Industrial Solid Waste License for California Materials, Inc. for fiscal year 2024-5.
179
The foregoing resolution was passed and adopted this 10th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 180
Attachment B
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING
AN ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR CAL -WASTE RECOVERY SYSTEMS FOR FISCAL YEAR 2024-5
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management; and
WHEREAS, the process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices; and
WHEREAS, to comply with said legislation, the City of Lathrop adopted Municipal Code Chapter 8. 16 (Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16.40 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License; and WHEREAS, Cal -Waste Recovery Systems submitted their annual license application, applicable fees, insurance, locations serviced, and their bonds or financial status report for fiscal year 2024-5; and
WHEREAS, to continue our efforts to meet the terms of the AB939 legislation and continue implementing plans for source reduction, reuse, and recycling as part of their integrated solid waste management practices, staff recommends that City Council approve the Industrial Solid Waste Removal License for Cal -Waste Recovery Systems ; and
WHEREAS, the following monies received from this company will be deposited as follows:
The standard eleven percent ( 11%) of their annual gross receipt monies received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5;
License administration fee in the amount of ninety- twodollars ($ 92) will be deposited into Parks and Recreation account number 1010- 3- 01-41-; Annual license fee in the amount of two thousand five hundred dollars ($ 2, 500) received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Industrial Solid Waste License for Cal -Waste Recovery Systems for fiscal year 2024-5.
181
The foregoing resolution was passed and adopted this 10th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 182
Attachment C
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING
AN ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR CENTRAL PACIFIC HOLDINGS, INC., FOR FISCAL YEAR 2024-5
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management; and
WHEREAS, the process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices; and
WHEREAS, to comply with said legislation, the City of Lathrop adopted Municipal Code Chapter 8. 16 (Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16.40 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License; and WHEREAS, Central Pacific Holdings, Inc., submitted their annual license application, applicable fees, insurance, locations serviced, and their bonds or financial status report for fiscal year 2024-5; and
WHEREAS, to continue our efforts to meet the terms of the AB939 legislation and continue implementing plans for source reduction, reuse, and recycling as part of their integrated solid waste management practices, staff recommends that City Council approve the Industrial Solid Waste Removal License for Central Pacific Holdings, Inc.; and
WHEREAS, the following monies received from this company will be deposited as follows:
The standard eleven percent ( 11%) of their annual gross receipt monies received will be deposited into the Franchise Tax - Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5;
License administration fee in the amount of ninety- twodollars ($ 92) will be deposited into Parks and Recreation account number 1010- 3- 01-41-; Annual license fee in the amount of two thousand five hundred dollars ($ 2, 500) received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Industrial Solid Waste License for Central Pacific Holdings, Inc. for fiscal year 2024-5.
183
The foregoing resolution was passed and adopted this 10th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 184
Attachment D
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING
AN ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR DELTA CONTAINER CORPORATION FOR FISCAL YEAR 2024-5
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management; and
WHEREAS, the process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices; and
WHEREAS, to comply with said legislation, the City of Lathrop adopted Municipal Code Chapter 8. 16 (Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16.40 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License; and WHEREAS, Delta Container Corporation submitted their annual license application, applicable fees, insurance, locations serviced, and their bonds or financial status report for fiscal year 2024-5; and
WHEREAS, to continue our efforts to meet the terms of the AB939 legislation and continue implementing plans for source reduction, reuse, and recycling as part of their integrated solid waste management practices, staff recommends that City Council approve the Industrial Solid Waste Removal License for Delta Container Corporation; and
WHEREAS, the following monies received from this company will be deposited as follows:
The standard eleven percent ( 11%) of their annual gross receipt monies received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5;
License administration fee in the amount of ninety- two dollars ($ 92) will be deposited into Parks and Recreation account number 1010- 3- 01-41-; Annual license fee in the amount of two thousand five hundred dollars ($ 2, 500) received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Industrial Solid Waste License for Delta Container Corporation for fiscal year 2024-5.
185
The foregoing resolution was passed and adopted this 10th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 186
Attachment E
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING
AN ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR GROUND FORCE ENTERPRISES FOR FISCAL YEAR 2024-5
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management; and
WHEREAS, the process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices; and
WHEREAS, to comply with said legislation, the City of Lathrop adopted Municipal Code Chapter 8. 16 (Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16.40 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License; and WHEREAS, Ground Force Enterprises submitted their annual license application, applicable fees, insurance, locations serviced, and their bonds or financial status report for fiscal year 2024-5; and
WHEREAS, to continue our efforts to meet the terms of the AB939 legislation and continue implementing plans for source reduction, reuse, and recycling as part of their integrated solid waste management practices, staff recommends that City Council approve the Industrial Solid Waste Removal License for Ground Force Enterprises; and WHEREAS, the following monies received from this company will be deposited as follows:
The standard eleven percent ( 11%) of their annual gross receipt monies received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5;
License administration fee in the amount of ninety- twodollars ($ 92) will be deposited into Parks and Recreation account number 1010- 3- 01-41-; Annual license fee in the amount of two thousand five hundred dollars ($ 2, 500) received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Industrial Solid Waste License for Ground Force Enterprises for fiscal year 2024-5.
187
The foregoing resolution was passed and adopted this 10th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 188
Attachment F
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AN ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR RA RA TRUCKING, INC., FOR FISCAL YEAR 2024-5
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management; and
WHEREAS, the process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices; and
WHEREAS, to comply with said legislation, the City of Lathrop adopted Municipal Code Chapter 8. 16 (Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16.40 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License; and WHEREAS, Ra Ra Trucking, Inc., submitted their annual license application, applicable fees, insurance, locations serviced, and their bonds or financial status report for fiscal year 2024-5; and
WHEREAS, to continue our efforts to meet the terms of the AB939 legislation and continue implementing plans for source reduction, reuse, and recycling as part of their integrated solid waste management practices, staff recommends that City Council approve the Industrial Solid Waste Removal License for Ra Ra Trucking, Inc.; and WHEREAS, the following monies received from this company will be deposited as follows:
The standard eleven percent ( 11%) of their annual gross receipt monies received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-;
License administration fee in the amount of ninety- two dollars ($ 92) will be deposited into Parks and Recreation account number 1010- 30- 01- 341- 0; Annual license fee in the amount of two thousand five hundred dollars ($ 2, 500) received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Industrial Solid Waste License for Ra Ra Trucking, Inc., for fiscal year 2024-5.
189
The foregoing resolution was passed and adopted this 10th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 190
Attachment G
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING
AN ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR STOCKTON
SCAVENGERS FOR FISCAL YEAR 2024-5
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management; and
WHEREAS, the process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices; and
WHEREAS, to comply with said legislation, the City of Lathrop adopted Municipal Code Chapter 8. 16 (Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16.40 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License; and WHEREAS, Stockton Scavengers submitted their annual license application, applicable fees, insurance, locations serviced, and their bonds or financial status report for fiscal year 2024-5; and
WHEREAS, to continue our efforts to meet the terms of the AB939 legislation and continue implementing plans for source reduction, reuse, and recycling as part of their integrated solid waste management practices, staff recommends that City Council approve the Industrial Solid Waste Removal License for Stockton Scavengers; and WHEREAS, the following monies received from this company will be deposited as follows:
The standard eleven percent ( 11%) of their annual gross receipt monies received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-;
License administration fee in the amount of ninety- two dollars ($ 92) will be deposited into Parks and Recreation account number 1010- 3- 01-41-1; Annual license fee in the amount of two thousand five hundred dollars ($ 2, 500) received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Industrial Solid Waste License for Stockton Scavengers for fiscal year 2024-5.
191
The foregoing resolution was passed and adopted this 10th day of June 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
192
Attachment H
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AN ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR TESLA, INC., FOR FISCAL YEAR 2024-5
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management; and
WHEREAS, the process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices; and
WHEREAS, to comply with said legislation, the City of Lathrop adopted Municipal Code Chapter 8. 16 (Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16.40 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License; and WHEREAS, Tesla, Inc., submitted their annual license application, applicable fees, insurance, locations serviced, and their bonds or financial status report for fiscal year 2024-5; and
WHEREAS, to continue our efforts to meet the terms of the AB939 legislation and continue implementing plans for source reduction, reuse, and recycling as part of their integrated solid waste management practices, staff recommends that City Council approve the Industrial Solid Waste Removal License for Tesla, Inc.; and WHEREAS, the following monies received from this company will be deposited as follows:
The standard eleven percent ( 11%) of their annual gross receipt monies received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5;
License administration fee in the amount of ninety- two dollars ($ 92) will be deposited into Parks and Recreation account number 1010- 3- 01-41-; Annual license fee in the amount of two thousand five hundred dollars ($ 2, 500) received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Industrial Solid Waste License for Tesla, Inc. for fiscal year 2024-5.
193
The foregoing resolution was passed and adopted this 10th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 194
Attachment 1
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING
AN ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR TONY AND SONS TRUCKING, INC., FOR FISCAL YEAR 2024-5
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management; and
WHEREAS, the process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices; and
WHEREAS, to comply with said legislation, the City of Lathrop adopted Municipal Code Chapter 8. 16 (Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16.40 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License; and WHEREAS, Tony and Sons, Inc., submitted their annual license application, applicable fees, insurance, locations serviced, and their bonds or financial status report for fiscal year 2024-5; and
WHEREAS, to continue our efforts to meet the terms of the AB939 legislation and continue implementing plans for source reduction, reuse, and recycling as part of their integrated solid waste management practices, staff recommends that City Council approve the Industrial Solid Waste Removal License for Tony and Sons, Inc.; and WHEREAS, the following monies received from this company will be deposited as follows:
The standard eleven percent ( 11%) of their annual gross receipt monies received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5;
License administration fee in the amount of ninety- twodollars ($ 92) will be deposited into Parks and Recreation account number 1010- 3- 01-41-; Annual license fee in the amount of two thousand five hundred dollars ($ 2, 500) received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Industrial Solid Waste License for Tony and Sons, Inc., for fiscal year 2024-5.
195
The foregoing resolution was passed and adopted this 10th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 196
City of
Parks and Recreation Department
COMPANY NAME:
ADDRESS:
PHONE/ FAX
EMAIL:
Attachment J
390 Towne Centre Drive, Lathrop, CA 95330
Phone ( 209) 941- 7370
www. ci. lathrop: ca. us
INDUSTRIAL REFUSE COLLECTION
LICENSE APPLICATION -
CQ3kroa MO8V+ Gas 1let.
ao Ykm C( 3k
amc n, 01A m2m
idicoq4y2.-- vm
uth- Rr' 6\ am- veki pom
TYPE OF WASTE REMOVAL SERVICE:
APPLICANT SIG 1L1.' ES:
SIGNATUR
PRINT NAME
DAT
197
City of
Parks and Recreation Department 390 Towne Centre Drive, Lathrop, CA 95330 Phone (209) 941- 7370
www. ci. lathrop. ca. us
The following license requirements ore set forth by the City of Lathrop Municipal Code, Title 8 Health & Safety, Chapter 8. 16 Garbage Collection & Disposal, Section 8. 16.40 CHECK IF Industrial Solid Waste Removal — License Required. ENCLOSED CUSTOMERS LIST ( Names and Addresses):
SIGNED STATEMENTS FROM NEW INDUSTRIAL CUSTOMERS ADDRESSED TO CITY
NUMBER, KIND, AND CAPACITY OF VEHICLES AND OTHER EQUIPMENT Must be in compliance with all applicable air pollution control laws):
ORIGINAL PERFORMANCE BOND OR OTHER SECURITY ATTACHED ($ 25, 000) ORMOST RECENT FINANCIAL STATEMENT AND/ OR AUDIT
INSURANCE CERTIFICATE AND ENDORESMENT NAMING THE CITY, ITS OFFICER' SAND
EMPLOYEES AS AN ADDITIONAL INSURED
LICENSE FEE ENCLOSED ($ 2, 500)
ADMINISTRATION FEE ($ 92)
PROCESSED BY:
MELISSA STATHAKOPOULOS
PARKS AND RECREATION MANAGER
PARKS & RECREATION 1 SOLID WASTE & RECYCLING
APPROV BY:
TODD SEBSTIA
DIRECTOR
PARKS, RECREATION & FLEET SERVICES
5. 24 2, 4
DATE
DATE
198
Attachment K
City of
tnfh
Parks and Recreation Department
COMPANY NAME:
ADDRESS:
PHONE/ FAX
EMAIL:
390 Towne Centre Drive, Lathrop, CA 95330
Phone ( 209) 941- 7370
www. ci. lathrop. ca. us
INDUSTRIAL REFUSE COLLECTION
LICENSE APPLICATION
California Waste Recovery Systems LLC
175 Enterprise Court, Suite A Galt, Ca 95632
209- 369- 6887
dmv@cal- waste. com
TYPE OF WASTE REMOVAL SERVICE:
Trash, Recycling and Or
APPLICANT SIGNATURES:
Corey V ccarezza
PRINT NAME
TITLE
5/ 13/ 2024
DATE
199
City of
l fh-W PE
Parks and Recreation Department 390 Towne Centre Drive, Lathrop, CA 95330 Phone ( 209) 941- 7370
www. ci. 1a throe. ca. u s
The following license requirements are set forth by the City of Lathrop Municipal Code, Title 8 Health & Safety, Chapter 8. 16 Garbage Collection & Disposal, Section 8. 16.40 CHECK IF Industrial Solid Waste Removal — License Required. ENCLOSED CUSTOMERS LIST ( Names and Addresses):
SIGNED STATEMENTS FROM NEW INDUSTRIAL CUSTOMERS ADDRESSED TO CITY
NUMBER, KIND, AND CAPACITY OF VEHICLES AND OTHER EQUIPMENT Must be in compliance with all applicable air pollution control laws):
ORIGINAL PERFORMANCE BOND OR OTHER SECURITY ATTACHED ($ 25, 000) ORMOST RECENT FINANCIAL STATEMENT AND/ OR AUDIT
x
x
INSURANCE CERTIFICATE AND ENDORESMENT NAMING THE CITY, ITS OFFICERS AND EMPLOYEES AS AN ADDITIONAL INSURED x
LICENSE FEE ENCLOSED ($ 2, 500) x
ADMINISTRATION FEE ($ 92) x
PROCESSED BY:
Lk' (A006: 1PAW)
MELISSA STATHAKOPOULOS
PARKS AND RECREATION MANAGER
PARKS & RECREATION I SOLID WASTE & RECYCLING
APPROVED BY:
TODD` SEBAS AN
DIRECTOR
PARKS, RECREATION & FLEET SERVICES
DATE
5` 1Z 1vA
DATE
200
City of
Parks and Recreation Department
COMPANY NAME:
ADDRESS:
PHONE/ FAX
EMAIL:
Attachment L
390 Towne Centre Drive, Lathrop, CA 9533(
Phone ( 209) 941- 7370
www. chlathrop. ca. us
INDUSTRIAL REFUSE COLLECTION
LICENSE APPLICATION
cfAkrs\ V6( ,CaNa; ny5 \hL. oQ' RcPs
PO i?: oX / 36
v' S) eFA , CV\ c\ .#
ZV r " ns_ 1
Rvi PS
The following license requirements are setforth by the City ofLathrop Municipal Code, Tide 8 Health & Safety, Chapter 8. 16 Garbage Collection & Disposal, Section 8. 16.40 Industrial Solid Waste Removal — License Required.
PROPOSED CUSTOMERS LIST ( Names and Addresses):
CHECK IF
ENCLOSED
SIGNED STATEMENTS FROM NEW INDUSTRIAL CUSTOMERS ADDRESSED V TO CITY (See Municipal Code section 8. 16.40. 2):
NUMBER, KIND, AND CAPACITY OF VEHICLES AND OTHER EQUIPMENT Must be in compliance with all applicable air pollution control laws):
ORIGINAL PERFORMANCE BOND OR OTHER SECURITY ATTACHED ($25, 000) - OR -
MOST RECENT FINANCIAL STATEMENT AND/ OR AUDIT
The applicant shall provide proof of financial ability to provide service contemplated by the application)
INSURANCE CERTIFICATE NAMING THE CITY, ITS OFFICES AND EMPLOYEES
AS AN ADDITIONAL INSURED
See Municipal Code section 8. 16.40.for Insurance Requirements):
LICENSE FEE ENCLOSED ($ 2, 500)
ADMINISTRATION FEE ($92)