2024-07-08_item_4.8_approve_annual_industrial_solid_waste_license_for_tesla_inc._for_fy_2024-25

ITEM 4. 8

CITY MANAGER' SREPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE ANNUAL INDUSTRIAL SOLID WASTE
LICENSE FOR TESLA, INC., FOR FISCAL YEAR ( FY)
2024-5
RECOMMENDATION: Adopt Resolution Approving Annual Industrial Solid Waste License for Testa, 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 nine Industrial Solid Waste Removal License applications for fiscal year 2024-5.

At the June 10, 2024, City council regular meeting, Council approved Industrial Solid Waste Removal License applications for eight ( 8) haulers and requested staff return with additional information regarding Testa, Inc. application.

Testa, Inc., has various company operations in Lathrop. One of these operations is the Megapack facility. The Megapack facility is the only Testa facility within Lathrop that is seeking to self -haul as the facility was tasked with reviewing their waste and recycling operations to reduce costs. Currently the Megapack facility only contracts with Republic Services and Tony and Sons Trucking, Inc. for its hauling for any overflow needs. Republic Services provides six ( 6) drivers and Tony and Sons Trucking, Inc., provides one driver. Both Republic Services and Tony and Sons Trucking, Inc., advised neither company would be laying off any of the drivers assigned to making stops at the Megapack facility, as their drivers have other pickups on their routes, including other Testa Facilities. Testa, Inc., also procured a baler to compact their waste, which is estimated to be a 60% reduction in hauling operations. Testa, Inc., has confirmed approval to utilize the Forward Landfill and is also reviewing other potential landfills. The Megapack facility is seeking to hire 6-8 full- time drivers to operate as self -haulers. Testa, Inc., will still be required to pay the standard eleven percent ( 11%) of their annual gross receipts.

Staff requests the approval of Industrial Solid Waste Removal Licenses for Testa, Inc., for fiscal year 2024-5.

CITY MANAGER' S REPORT PAGE 2
July 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR TESLA, INC., FOR FISCAL YEAR ( FY) 2024-5
Staff requests the approval of Industrial Solid Waste Removal Licenses for Testa, Inc., for fiscal year 2024-5.

BACKGROUND:

Lathrop Municipal Code 8. 16. 140, 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.

Testa, 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.

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 Testa, Inc., for fiscal year 2024-5.

FISCAL IMPACT:

The revenue received 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- two dollars ($ 92) received from will be deposited into Parks and Recreation account number 1010- 3- 01-41- 01-1.

The 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.

ATTACHMENTS:

A. Resolution Approving an Annual Industrial Solid Waste License for Testa, Inc., for FY 2024-5
B. Industrial Refuse Collection Application from Testa, Inc CITY MANAGER' S REPORT PAGE 3
July 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR TESLA, INC., FOR FISCAL YEAR ( FY) 2024-5
APPROVALS:
1-1. 9
7- 61
Todd Sebastian Date
Director of Parks and Recreation
Cari Jam
Finance ' II ector
7// crc(
Date
7/ 2 /z '
Thomas Hedegard ` Date
Deputy City Manager
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
1 • 2. 2oZK

7.2. 24
Stephen J. Salvatore Date
City Manager
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- 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 Tesla, Inc., for fiscal year 2024-5.

The foregoing resolution was passed and adopted this 8th day of July 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

ATTACHMENT
City of
Parks and Recreation Department 390 Towne Centre Drive, Lathrop, CA 95330 Phone ( 209) 941- 1370
www. ci. lathrop. ca. us

INDUSTRIAL REFUSE COLLECTION

LICENSE APPLICATION
COMPANY NAME: Tesla Inc.

ADDRESS: 700 D' Arcy Pkwy

PHONE/ FAX
Lathrop, CA 95330
EMAIL: jbottorff@tesla. com
TYPE OF WASTE REMOVAL SERVICE:

Recycling materials ( cardboard, corrugated materials)
APPLICANT SIGNATURES:
weadt, gootti3&

IGNATURE DATE
Jordan Bottorff

PRINT NAME
Staff Environmental Manager
TITLE
5/ 10/ 224
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 are setforth by the City ofLathrop 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/ ORAUDIT

INSURANCE CERTIFICATE AND ENDORESMENT NAMING THE CITY, ITS OFFICERS AND

EMPLOYEES AS AN ADDITIONAL INSURED
LICENSE FEE ENCLOSED ($ 2, 500)
ADMINISTRATION FEE ($ 92)
PROCESSED BY:

Deo
L1SSA STATHAKOPOU LO

PARKS AND RECREATION MANAGER

PARKS & RECREATION I SOLID WASTE & RECYCLING
APP'' VED BY:
44 S45‘-.%
A/
DATE

TODD SEBASTIAN DATE

DIRECTOR

PARKS, RECREATION & FLEET SERVICES
City of Lathrop
Department of Parks and Recreation
390 Towne Center Drive Lathrop, CA 95330
Subject: Industrial Hauler Application for Self -Hauling Operations of Recycling Materials Dear Ms. Stathakopoulos,
I hope this letter finds you well. I am writing to formally submit an Industrial Hauler Application on behalf of Testa Inc.

Our application pertains to self -hauling operations of recycling materials, specifically focusing on cardboard and corrugated materials generated from our operations at 5150 Glacier St and 700 D' Arcy Pkwy. As an environmentally conscious organization, we are committed to promoting sustainable waste management practices.

This self -hauling operation would eliminate third party handling of our recycling material and direct delivery from Testa to the recycling and/ or landfill centers.

Enclosed with this letter, you will find all the requisite documentation and information as outlined in the application requirements.

Should you require any further clarification or additional documentation, please do not hesitate to contact us. We are more than willing to provide any further information needed to expedite the review process.

Thank you for considering our application. We look forward to the opportunity to contribute positively to the community of Lathrop through our recycling efforts.

Best regards,
44dadt• gettZ*
Jordan Bottorff
Staff Environmental Manager
E. jbottorff@tesla. com
s
TABLE OF CONTENTS:

Industrial Refuse Collection License Application 1- 2
Customers List 3
Number, kind, and capacity of vehicles and other equipment 3 Vehicle Pictures 4
Original Performance Bond 5- 12
Insurance Certificate and Endorsement 13
City of Lathrop Industrial Hauler Application Package
Proposed Customers List
Business Name: Testa Inc. (Megafactory)
Business Address: 700 D' Arcy Pkwy Lathrop, CA 95330
Business Name: Testa Inc. (Megafactory Warehouse)
Business Address: 5150 Glacier St Lathrop, CA 95330
Number, kind, and capacity of vehicles and other equipment Tesla Inc. is planning on renting three (3) 2024 Peterbilt, Galbreath Roll Off trucks, or similarly in characteristics, to haul 40 -yard bins with an approximate weight of 9, 000 lbs. (per bin).

Below is the body and chassis information for the rental equipment:

BodyInforiniation
Body, ... ...,.. w
Galbreath
oiiyModili.. ' U5 -OR -174
BodySN 4
55373
Body' 60k lb. 35. 5" Rails
Chassis Information=_
Product Family 3 "`"
Roll Off
sat# Tx-•
FChasslLMod el Yf _ .,,..' 2024
Cisis Mak. ,
v, „
Peterbilt
Or1v #Position K Left Hand Drive
a
F , • Paccar
MX- 13
En nittp 455
Trans Typa Automatic
Ttan. Mahe " ,. ' ,... ALLISON
Trans Ml 4500 RDS- P
Fusi Type Diesel
Sub' Family* „*. , N . _ , " a Cable Hoist 60k Ib
T ( 3VW, Welijh ;; 66, 000
Front Affil W. I ht ; 4 20, 000
ttsatA leel t .. _ 46. 000
FronteAxi. Tins
Rsar Axle Ttrss 315/
315/ 80R22. 5
80822. 5
RurSuspenslbi Typs,, Hendrickson Haulmaax

Tra
City of Lathrop Industrial Hauler
Application Package
Proposed Customers List
Business Name: Tessa Inc. (Megafactory)
Business Address: 700 D' Arcy Pkwy Lathrop, CA 95330
Business Name: Testa Inc. (Megafactory Warehouse)
Business Address: 5150 Glacier St Lathrop, CA 95330
Number, kind, and capadty of vehides and other equipment Tessa Inc. Is planning on renting three ( 3) 2024 Peterbilt, Galbreath Roll Off trucks, or similarly in characteristics, to haul 40 -yard bins with an approximate weight of 9, 000 lbs. (per bin).

Below is the body and chassis information for the rental equipment:

Body Information:

BodyAMalkle Galbreath
Body Model U5 -OR -174
55373
Boi 60k lb. 35. 5" Rails
Cluissisinformation
ProdiylotlFa j
Roll Off
Mot 2024
Ch Peterbilt
Dr> ire on' w, Left Hand Drive
Make Paccar
MX -13
455
Automatic
Trans;: ALLISON
1'rnsM 4500 RDS- P
Diesel
SubFan` Uy
TotallEAA We
Cable Hoist 60k lb
t
iFront Aale Wet& t `
Aar 3RD aW. .:g
Front i
66, 000
20, 000
46, 000
315/ 80R22. 5
Res finis 315/ 80R22. 5
Rea 5uspenslonve' Hendrickson Haulmaax
Vehicle Pictures
Aon Risk Insurance Services West, Inc.
425 Market Street, Suite 2800
San Francisco, CA 94105
May 10, 2024

CITY OF LATHROP
Parks & Recreation Department
390 Towne Center Drive
Lathrop, CA 95330
RE: TESLA, INC.

Bond No. 0806274

CITY OF LATHROP
Collection of Industrial Solid Waste as a Self -Hauler of Recycling Materials Dear Sir or Madam:

On behalf of our client, TESLA, INC., enclosed please find the captioned bond in the amount of 25, 000 as required for their Collection of Industrial Solid Waste license.

If you should have any questions or ifI may be of further assistance, please do not hesitate to call me at 847- 442- 0302.

Sincerely,
Aon Risk Insurance Services West, Inc.

Oc. stig.cv.- cw.,._
Mary Volmar
Enclosure
Rccord # 29591 I 1
BOND
License or Permit - Continuous)
Bond No. 0806274
KNOW ALL MEN BY THESE PRESENTS:

THAT WE TESLA, INC. as
Principal, and HARCO NATIONAL INSURANCE COMPANY •
a corporation duly incorporated under the laws of the State of IL and authorized to do business in the State of CA , as Surety, are held and firmly bound unto CITY OF LATHROP , as Obligee, in
the penal sum of Twenty Five Thousand and 00/ 100 ( 25. 000. ) Dollars, for the payment of which we hereby bind ourselves, our heirs® executors and administrators, jointly and severally, firmly by these presents.

WHEREAS, the Principal has obtained or is about to obtain a license or permit for Collection of Industrial Solid Waste as a Self -Hauler of Recycling Materials NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall faithfully comply with all applicable laws, statutes, ordinances, rules or regulations, pertaining to the license or permit issued, then this obligation shall be null and void; otherwise to remain in full force and effect.

This bond shall become effective on 5/ 612024
PROVIDED, that regardless of the number of years this bond is in force, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the penal sum listed above.

PROVIDED FURTHER, that the Surety may terminate its liability hereunder as to future acts of the Principal at any time by giving thirty ( 30) days written notice of such termination to the Obligee.

SIGNED, SEALED AND DATED this IOW 8. 2024
By:

HARCO NATIONAL INSURANCE COMPANY
By. c` Vrerv.-- raMary Y. ValmarAt3tirney414511

CALIFORNIA ALL- PURPOSEAC OWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On MAY - 6 2024 before me, Vanessa Fong, Notary Public , personally appeared Tracy Aston who proved to me on the basis of satisfactory evidence to be the persons whose name(*) is/ aFe subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ tip authorized capacitAies3, and that by- his/er/ their- signatures) on the instrument the person((, or the entity upon behalf of which the person(*) acted, executed the instrument.

VuktiL tONG
awry ., tik • {tlfarrtl
tx Limn Cantj,
Cc -.

C: z. maumt; 13i1Q;
n. upr. t,ntt, /CU
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature 7/ 9/Signature of Nota ' ublic
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On MAY - 6 2024 before me, Vanessa Fong. Notary Public , personally appeared Mary Y. Volmar who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ theif authorized capacity( ies), and that by- his/er/ their- signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct.

WITNESS my hand and official seal.
us431. 4row3
mil i.:.,* c,$ ,r.

L, !-w., crusty 1
MT Or" town w. It Ka
Signature
Signature of otary ' is
Power of Attomey
Tesia, Inc.. a DE Corporation of 13101 Testa Road, Austin, TX 78725, Federal Employer Tax Identification Number 91- 2197729, hereby constitutes and appoints, gointly and severally, the following employees d certain subsidiaries of Aon plc (" Aon"), as tdentified below, its true and lawful attorney -in fact, to execute all surety bonds issued on behalf of Tessa, Inc. and any subsidiaries Aon Employee
San Francisco
Alex Taker
Los Angeles
Vanessa Fong
Tracy Aston
Philadelphia
George Gion+ s
Sara Owens
New York
Frances Rodriguez
Chicago
Jennifer L. Jakaitis
This Power -of -Attorney shall become effective upon the effect until terminated by either party upon ten (10) days This Power- of- Attomay shall include the following direct direct and indirect subsidiaries that are acquired or form Power -of -Attorney.

Subsidiary
Silevo, LLC
SolarCity Corporation
SolarCity Corporation dba Tessa Energy
Testa Energy Operations, Inc.

SolarCity Electrical New York Corporation
Tessa Energy Electrical NY, Inc
SolarCity Finance Company, LLC
SolarStrong, LLC
Tesia Finance, LLC
Testa Lease Trust
Tessa Motors FL, Inc.

Testa Motors Leasing, Inc.

Testa Motors MA, Inc.

Testa Motors New York, LLC
Testa Motors NV, Inc.

Testa Motor PA, Inc.

Teals Motors TN, Inc,
Aon Subsidiary
Aon Risk Services West, Inc.

Aon Risk Services West, Inc.

Aon Risk Services Northeast, Inc.

Aon Risk Services Central, Inc.
signing of this document and shalt remain it
written notice.
and indrrect subsidiaries of Testa, Inc. and ail
ed by Testa, Inc. after the execution of this
Federal Employer Tax Identification Number
47- 1007076
02-781046
02-781046

02.781046
47- 0988231
47- 0988231
46-317851
45- 2859333
46- 3896777
90- 6260713
46- 1774039
27-012393
45-358643
27- 1077991
46- 1849598

45.388950
47- 1144768
Testa Motors TX. Inc
Testa Motors UT. inc
Testa Sales. Inc
Tesla, Inc dba Tesla
Testa, Inc dba Tesla Florida
fesla, Inc, dba Testa Motors, Inc.

Testa Inc dba Testa Inc, of Louisiana
Zap Solar LLC
IN WITNESS WHEREOF, the signing party below affirm
Reprouontatrvc and grant the powers contained therein
Dated January 2C22
By
Name Emma
Title Assistant
art
46- 1405389
47- 274$ 833
82- 1799454
91- 2197729
91- 297725
91- 2197729
91- 2197721~
90- 129637
his/er authority to sign this Designation cf
Tesla Motors TX Inc - 16-4x) 5189
Testa Motors UT, Inc. - i7- 2748837
Testa Sates In: 82- 1799454
Tesla. Inc dba Tesla ' f1 -2197'c
Tesla fn.:, dba Tesia Florida 91- 2i9772c
I esla, inc dba Testa Motors: Inc 91- 29772S
Testa. Inc dba I esla Inc. at Louisiana 91- 2197725
Zep Sclar LLC 9U- 1( 1291337
IN WTNE ,' W} ICREOF, the signing pa ty below d' tarl
Peprer, ontatwo and grant the powe~ scosta: ied there n Dated January272G22
e ' mr7 a elrp E
Ass sta: t + ecretary
rs i,rsiher authority to sign this Designation cr
BOND
License or Permit - Continuous)
Bond No. 0806274
KNOW ALL MEN BY THESE PRESENTS:

THAT WE TESLA, INC.
as
Principal, and HARCO NATIONAL INSURANCE COMPANY
a corporation duly incorporated under the laws of the state ail_ and authorized to do business in the State of CA , as Surety, are held and firmly bound unto CITY OF LATHROP , as Obligee, in
the penal sum of Twenty Five Thousand and 00/ 100 ( 25, 000. ) Dollars, for the payment of which we hereby bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.

This bond shall become effective on 5/ 6/ 2024
PROVIDED, that regardless of the number of years this bond is in force, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the penal sum listed above.

PROVIDED FURTHER, that the Surety may terminate its liability hereunder as to future acts of the Principal at any time by giving thirty ( 30) days written notice of such termination to the Obligee.

SIGNED, SEALED AND DATED this May 6. 2024
TESLA. INC.

By:

Tracy Aston, Attor ey- in- Fact" Principal

MARCO NATIONAL INSURANCE COMPANY
BY: t-{ , 4,
f> `
iv
Mary Y. Volmar Attorney -in -fact

CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On MAY — 6 2024 before me, Vanessa Fong, Notary Public , personally appeared Tracy Aston who proved to me on the basis of satisfactory evidence to be the person() whose name( s) is/ ace subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ their authorized capacity{ ies), and that by- his/er/ their signature( s3on the instrument the person( s), or the entity upon behalf of which the person{ f) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
i4st SSA FON
a
Signature
Signature of( Notary4Public

CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On MAY - 6 2024 before me, Vanessa Fong, Notary Public , personally appeared Mary Y. Volmar who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ aye subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in hisiheritheif authorized capacity( ics), and that by- t /her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Six TONG
Ca> starw
Signature
Signature of ic
Power of Attorney
Testa, Inc . a DE Corporation of 13101 Testa Road, Austin, TX 78725, Federal Employer Tax Identification Number 91- 2197729, hereby constitutes and appoints, ioinUy and severally, the following employees of certain subsidiaries of Aon plc ("Aan"), as identified below, its true and lawful attorney -in fact, to execute all surety bonds issued on behalf of Testa, Inc. and any subsidiaries:

Aon Employee
San Francisco
Alex Tokar
Los Angeles
Vanessa Forg
Tracy Aston
Philadelphia
George G on s
Sara Owens
New York
Frances Rodriguez
Chicago
Jennife• L Jakattis
This Power -of -Attorney shall become effective upon the erect until terminated by either party upon ten ( 10) days This Power -of -Attorney shall include the following direct direct and incirect subsidianes that are acquired cr form Power -of -Attorney
Subsidiary
Siievo, LLC
SotarCity Corpo- at on
SolarCity Corporation dba Tula Energy
Tesia Energy Operations, Inc.

SolarCity Electrical New York C: orpora' lon
Tesla Energy Electrical NY, inSolarCity Finance Company, LLC SolarStrong, _ LC
Testa Fnance, LLC
Testa Lease Trust
Testa Motors FL, irc.

Testa Motors Leasing Inc.

Testa Motors MA, Inc.

Testa Motors New York, LL::

Testa Motors NV. Inc
Testa Motors PA Inc.

Testa Motors TEN Inc
Aon Subsidiary
Aon Risk Services West, Inc.

Aon Risk Services West, Inc.

Aon Risk Services Northeast, Inc.

Aon Risk Services Contra!, Inc.
signing of this document and shall remain it
written notice.
and indirect subsidianes of Tesla, Inc. and alt
ec by Testa, Inc after the execution of this
Federal Employer Tax Identification Number
47- 1087076
02-781046
02-781046

02.781046
47- 0988231
47- 0988231
46- 4317851
45- 2859333
46- 3896777
90- 6260713
46-' 774039
27-012393
45-358643
27- 077991
46- 1849598
45-398950
47- 1144768

CALIFORNIA JURAT
t
totari Public or other officer complaint, this cert f icate verifies only the identity of the individual li ho signed the dututraent tta it hiclt this certificate is attached. and not the tr ithfuines curacy. or yaliditl of that documen .

Statw of California
Wrath of 9( 4(traPi •)
1 1 ci and siiurn to (or afli. nt: clrl,. 1urc Inc on tln, `") 14' dal uf. rpui.+q, D . 20 t4_ ht u+U G( c-A, JA ,,[ ultti to nu: On the hasiti tat satistacton _" idcncc t., he the t5) who afepearecl } of tr,` inc.

ALAN CHENG
katir Public - Caiiternia I
era Clan Ccunti
Ctry, asiar r 2J16+ 41
Mj Carm Expires Oc: 20, 2024

POWER OF ATTORNEY

HARCO NATIONAL INSURANCE COMPANY

INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 2T609 Bond N 0806274
KNOW ALL MEN BY THESE PRESENTS That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
MARY Y. VOLMAR
San Francisco, CA
their true and lawful attomey( s)- in- fact to execute, seal and deliver for and on its behalf as surety, any and ail bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by taw, statute, rule, regulation, contract or otherwise, and the execution of such instrument( s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDEUTY INSURANCE COMPANY, as fully and amply, to alt intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDEUTY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.

RESOLVED, that ( 1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation' sseal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and ( 2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of prnc a, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation' sseal may be affixed by facsimile to any power of attomey or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2023

STATE OF NEW JERSEY
County of Essex

STATE OF ILLINOIS
0,, tH5tr,eCounty of Cook :. r:

Opt ,:pPdpA, U%.' r0 =
SEAL ' "
to ; 1944
3d*• tINO's---$ 6.. .. • Kenneth Chapman to
Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
On this 31st day of December, 2023 , before me came the individual who executed the preced= nginstrument, to me personalty known and, being by me duty swam, sa; d he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies, that the said Corporate Seals and hs signature we' e duly affixed by order of the Boards of Directors of said Companies IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
ittAdu. Q. Q' 1 - u
l
Shirele A, Outley a Notary Public of New Jersey
My Commission Expires April 4, 2023
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power ofAttorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power ofAttorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, May 6, 2024 A00632
Irene Martins, Assistant Secretary

CERTIFICATE OF LIABILITY INSURANCE
DATE D''""'
24 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy( les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement( s).

PRODUCER

MARSH RISK & INSURANCE SERVICES
FOUR EMBARCADERO CENTER. SUITE 1100
CALIFORNIA LICENSE N0. 0437153
SAN FRANCISCO, CA 94111
Alto: SanFrandsco. Certs@marahcom I FAX 212- 948- 0398
CN102460432. GAW- 2.5M-324 LC/ Per

CONTACT
NAME:

WWICCN . EXII:

FAX
NoI:

AooRElaa:

INSURERS) AFFORDING COVERAGE NAIC F
INSURER A: Zurkh Amerkan insurance Company 16535

INSURED
Testa, Inc
1 Tesla Road
Austin, TX 71725
INSURER a : NIA N/ A
INSURER C :

INSURER 0
INSURER E :

INSURER F
COVERAGES CERTIFICATE NUMBER: SEA - 003860271- 07 REVISION NUMBER: 4

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INS*

LTV TYPE OF INSURANCE
ADDL
INal
SUER
wvo POUCYWHAM

POUCY EFF
MM1DD/ WYYf

POLICY EXP

MIVDD/ YYYYI UNITS
A X COMMERCIALGENERAL UABIUTY GU) 1074568- 06
Includes Host Uquor Liability—
10/ 31/ 2023 10/ 31/ 2024 EACH OCCURRENCE S 1, 000,00
CLAIMS MADE I "' i
OCCUR

DAMAGE TO
PREMISES ( Es
RENTED
1, 000,00
X SIN: $1, 000,00 n, ED EXP ( My one Penn) S 5. 000
X Ton Conbac Liao, No XCU Exd PERSONAL A ADV INJURY 5 1, 000,00 GENT
X
X

AGGREGATE LIMIT APPLIES
POLICY 1 JEC
OTHER Premises & Operations
PER:

LOG
ank
GENERAL AGGREGATE S 2, 000,00
PRODUCTS - COMP/ O AGG f N/ A
S

AUTOMOBILEUAIIL( TY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON - OWNED

AUTOS ONLY

COM& NED SINGLE LIMIT
IEs soddanl)
BODILY INJURY ( Per person) S
BODILY INJURY ( Per accident) S

PROPERTY DAMAGE
Pm atddsnWI f
S

UMBRELLA UAB
EXCESS UM!
OCCUR

CLAIMS - MADE

EACH OCCURRENCE S

AGGREGATE S

OED I RETENTIONS S

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETORIPARTNEi ( EXECUTIVE
OPFICERIMEMBEREXCLUOED9
Mandatory in NH)
It myns dmalbe under
DESCRIPTION OF OPERATIONS blow
N / A
PAR o

STATUTE E
H.

E EACH ACCIDENT S
E. L DISEASE - EA EMPLOYEE S
E. L. DISEASE - POLICY LIMIT S
DESCRIPTION OP OPERATIONS / LOCATIpra / VEHICLES ( AGGRO 1a1, Additional Remade Scbdule, may be attached it more space Is required) Testa UreosinglPermittnp
Industrial Solid Waste Removal
City of Lathrop is is/ are included as additional insured where required by written contract

CERTIFICATE HOLDER CANCELLATION
City of Lathrop
Parks & Recreation I Sold Waste & Recycling 390 Tonne Centre Drive Lathrop, CA 95330
I

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

The ACORD name and logo are registered marks of ACORD

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Lathrop City CouncilJuly 8, 2024

Lathrop City Council
July 8, 2024