November 18, 2024 – Special Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
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November 18, 2024 – City Council Special Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Minnie Diallo, Vice Mayor
Paul Akinjo
Diane Lazard
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Thomas Hedegard, Deputy City Manager
Stephen Sealy, Chief of Police
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 November 18, 2024 Lathrop City Council Special 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/1600567465?pwd=ZazdF1rPzPReXtlS 56Xu7jmbSMCwbo.1
During the meeting, those joining ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter. Please ensure your computer speaker and microphone are fully functional.
For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.
Meeting Webinar ID: 160 056 7465/ Passcode: 042827
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 refer to 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 the City Council, a card must be submitted to the City Clerk indicating the 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 November 18, 2024 Lathrop City Council Special 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 in speaking, 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 November 18, 2024 Lathrop City Council Special Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL SPECIAL MEETING
MONDAY, NOVEMBER 18, 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 5:45 p.m. The Special Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 LIABILITY CLAIM - Pursuant to Government Code Section 54956.95
Claimant: Fernando Flores
Agency Claimed Against: City of Lathrop
1.2.2 LIABILITY CLAIM - Pursuant to Government Code Section 54956.95
Claimant: Gerald Ray
Agency Claimed Against: City of Lathrop
1.2.3 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b) and 54956.9(e)(1)
• 1 Potential Case(s)
RECONVENE
1.2.4 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
4 November 18, 2024 Lathrop City Council Special Meeting Agenda Page 4
1.8 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS
2.1 PROCLAMATION DECLARING NOVEMBER AS SIKH AWARENESS AND
APPRECIATION MONTH
2.2 PROCLAMATION DECLARING NOVEMBER 21, 2024, AS CHILDREN’S
GRIEF AWARENESS DAY
2.3 INTRODUCTION OF NEW EMPLOYEES
Police Department
• Ramandeep Grewal, Police Records Assistant
• Gabrielle Embers-Hartman, Police Officer
• Alejandra Maldonado, Police Officer
Public Works Department
• Bryan Howe, Maintenance Worker
• Armando Mendoza, Maintenance Worker
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 in speaking, 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 City Council majority, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST
BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
5 November 18, 2024 Lathrop City Council Special Meeting Agenda Page 5
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular City Council Meeting of October 14, 2024, and the Special City Council Meeting of October 21, 2024
4.3 TREASURER’S REPORT FOR SEPTEMBER 2024
Approve Quarterly Treasurer’s Report for September 2024
4.4 COMMUNITY FACILITIES DISTRICTS ANNUAL BOND ACCOUNTABILITY REPORT FOR FISCAL YEAR 2023-24
Receive Report for Bonded and Non-Bonded Community Facilities Districts
4.5 RATIFY COUNCIL PARTICIPATION AT THE NAACP 2024 ANNUAL
FREEDOM FUND BANQUET
Adopt Resolution Ratifying Council Participation at the National Association for the Advancement of Colored People (NAACP) 2024 Annual Freedom Fund Banquet, November 16, 2024, at the MercedesBenz of Stockton, in Stockton, California
4.6 RATIFY SERVICE CONTRACT WITH MCC CONTROLS LLC DBA PRIMEX TO
PROVIDE TECHNICAL SERVICES AND SUPPORT FOR CONTROL SYSTEMS
HARDWARE AND SOFTWARE
Adopt Resolution to Ratify a Service Contract with MCC Controls LLC dba Primex to Provide Technical Services and Support for Control Systems Hardware and Software
4.7 RATIFY THE SOFTWARE AS A SERVICE AGREEMENT WITH TYLER TECHNOLOGIES INC. FOR THE RENEWAL OF SOFTWARE SUBSCRIPTION
LICENSING AND APPROVE BUDGET AMENDMENT
Adopt Resolution to Ratify the Software as a Service Agreement with Tyler Technologies, Inc. for the Renewal of Software Subscription Licensing and Approve Budget Amendment
4.8 APPROVE CONTRACT CHANGE ORDER NO. 8 WITH D.L. FALK
CONSTRUCTION, INC. FOR POLICE PROPERTY & EVIDENCE BUILDING, CIP 21-13, AND APPROVE BUDGET AMENDMENT
Adopt Resolution Approving Contract Change Order No. 8 with D.L. Falk Construction, Inc. for Police Property & Evidence Building, CIP 21-13, and Approving Budget Amendment
4.9 APPROVE TEMPORARY STREET CLOSURES FOR THE LATHROP
CHRISTMAS PARADE AND TREE LIGHTING ON DECEMBER 7, 2024, FOR THOMSEN ROAD, J STREET, AND 5TH STREET
6 November 18, 2024 Lathrop City Council Special Meeting Agenda Page 6 Adopt Resolution to Approve Temporary Street Closures for the Lathrop Christmas Parade and Tree Lighting on December 7, 2024, for Thomsen Road, J Street, and 5th Street
4.10 APPROVE OUT OF STATE TRAVEL AUTHORIZING THE PARKS AND RECREATION DIRECTOR AND MANAGER TO ATTEND THE REC C.A.M.P. (COMMUNITY ARCHITECTURE MANAGEMENT AND PLANNING)
CONFERENCE IN DALLAS, TEXAS
Adopt Resolution to Authorize Out of State Travel for the Parks and Recreation Director and Manager to Attend the REC C.A.M.P. (Community Architecture Management and Planning) Conference, April 7-10, 2025, in Dallas, Texas
4.11 APPROVE OUT OF STATE TRAVEL AUTHORIZING THE PARKS, AND
RECREATION DIRECTOR TO ATTEND THE GOVERNMENT FLEET EXPO
AND CONFERENCE IN CHARLOTTE, NORTH CAROLINA
Adopt Resolution to Authorize Out of State Travel for the Parks and Recreation Director to Attend the 2025 Government Fleet Expo and Conference, June 23-27, 2025, in Charlotte, North Carolina
4.12 APPROVE 2025 FACILITY FEE WAIVER REQUESTS FOR LATHROP LITTLE
LEAGUE, LATHROP LIONS CLUB, LATHROP SUNRISE ROTARY, AND
ALCOHOLICS ANONYMOUS
1. Adopt Resolution to Approve a Facility Fee Waiver Request from Lathrop Little League; and
2. Adopt Resolution to Approve a Facility Fee Waiver Request from Lathrop Lions Club; and
3. Adopt Resolution to Approve a Facility Fee Waiver Request from Lathrop Sunrise Rotary; and
4. Adopt Resolution to Approve a Facility Fee Waiver Request from Alcoholics Anonymous
4.13 APPROVE A MASTER AGREEMENT WITH NBS GOVERNMENT FINANCE
GROUP DBA NBS TO PROVIDE SPECIAL DISTRICT ADMINISTRATION
SERVICES
Adopt Resolution to Approve a Master Agreement with NBS Government Finance Group to Provide Special District Administration Services
4.14 APPROVE PROFESSIONAL SERVICE AGREEMENT WITH PAVEMENT ENGINEERING, INC. FOR PAVEMENT ASSESSMENT AND MANAGEMENT
SYSTEM AND APPROVE BUDGET AMENDMENT
Adopt Resolution to Approve a Professional Service Agreement with Pavement Engineering, Inc. for Pavement Assessment and Management System and Approve Budget Amendment
4.15 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH PACE, INC. FOR INTEGRATION SERVICES AND EQUIPMENT FOR CTF PHASE 3
EXPANSION, CIP WW 22-38 AND APPROVE BUDGET AMENDMENT
7 November 18, 2024 Lathrop City Council Special Meeting Agenda Page 7 Adopt Resolution to Approve Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Integration Services and Equipment for CTF Phase 3 Expansion, CIP WW 22-38 and Approve Budget Amendment
4.16 AUTHORIZE THE POSTPONEMENT OF DELINQUENT UTILITY TURN-OFFS Adopt Resolution to Approve the Suspension of Service Disconnections in the Month of December 2024 for All Delinquent Accounts
4.17 AUTHORIZE THE RELEASE OF CONTRACT RETENTION, AND
PERFORMANCE AND PAYMENT BONDS FOR THE LATHROP ROAD
RESIDENTIAL DRIVEWAY RECONSTRUCTION, CIP GG 24-27
Adopt Resolution to Release the Contract Retention, and Performance and Payment Bonds from Dirt Dynasty, Inc. for the Lathrop Road Residential Driveway Reconstruction, CIP GG 24-27
4.18 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DSS COMPANY DBA
KNIFE RIVER CONSTRUCTION FOR PAVEMENT REHABILITATION, CIP PS 24-29
Adopt Resolution to Accept Public Improvements Constructed by DSS Company dba Knife River Construction for the Pavement Rehabilitation CIP PS 24-29, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, Release of Performance and Payment Bonds, and File a One-Year Maintenance Warranty Bond
4.19 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG & JC
CONCRETE, INC. FOR CTF SERVICE DRIVEWAY, CIP WW 22-38
Adopt Resolution to Accept Public Improvements Constructed by MG & JC Concrete, Inc. for CTF Service Driveway, CIP WW 22-38, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, Release of Performance and Payment Bonds, and File a OneYear Maintenance Warranty Bond
4.20 CREATE CIP PS 25-15 FOR STREET LIGHTS ON MCKINLEY AVENUE,
AWARD CONSTRUCTION CONTRACT TO BEAR ELECTRICAL SOLUTIONS,
LLC, AND APPROVE BUDGET AMENDMENT
Adopt Resolution to Create Capital Improvement Project PS 25-15 for Street Lights on McKinley Avenue, Award a Construction Contract to Bear Electrical Solutions, LLC, and Approve a Budget Amendment
RIVER ISLANDS DEVELOPMENT CONSENT ITEM(S)
4.21 APPROVE FINAL MAP, CFD ANNEXATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 33 LOTS IN TRACT 4244 VILLAGE 28 UNIT 1 WITHIN WEST VILLAGE DISTRICT OF RIVER ISLANDS
Adopt Resolution to Approve Final Map for Tract 4244 Village 28 Unit 1 within the West Village District, Totaling 33 Single Family Lots, Annexation into CFD 2023-1, and a Subdivision Improvement Agreement with River Islands Development Area 1, LLC
8 November 18, 2024 Lathrop City Council Special Meeting Agenda Page 8
4.22 ACCEPT N8 AND N9 PUBLIC PARK IMPROVEMENTS WITH CONDITIONS WITHIN TRACTS 4020 AND 4089 FROM RIVER ISLANDS
Adopt Resolution to Accept N8 and N9 Public Park Improvements with Conditions within Tracts 4020 and 4089 from River Islands
5. SCHEDULED ITEMS
5.1 DISCUSSION OF POSSIBLE FINANCIAL INCENTIVE PROGRAM(S) TO
ATTRACT ENTERTAINMENT RETAIL BUSINESSES TO LATHROP
Council to Consider Incentive Options Presented, Discuss, and Provide Staff Direction to Establish an Entertainment Incentive Program Based on Use of Measure D Funding
5.2 APPROVE TIME EXTENSION REQUEST FOR THE ASHLEY FURNITURE
PROJECT
Adopt Resolution to Approve a Two (2) Year Time Extension Request for the Ashley Furniture Project Conditional Use Permit No. CUP-23-08 and Site Plan Review No. SPR-23-09 (TE-24-175)
5.3 CANNABIS REVENUE ALLOCATION
Adopt Resolution Approving the Cannabis Revenue Allocation
6. COUNCIL COMMUNICATIONS
6.1 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Ava Community Energy (Diallo/Torres-O’Callaghan)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • Council of Governments (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)
6.2 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director, City Clerk
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26 City of
Quarterly Treasurer Report
September 2024
ITEM 4. 3
This report presents a detailed discussion of the City' sfund balances and investment portfolio as of September 30, 2024. It includes all investments managed by the City on its own behalf as well as the City' s Trustees. The report provides information on cash flows, broken down by both investment manager ( City or Trustee) and by percentage allocation within the portfolio.
As of September 30, 2024, the investment portfolio was in compliance with all state laws and the City' sInvestment Policy.
Current Portfolio Summary
As directed by the Investment Policy adopted by City Council, City staff strives to attain three primary goals with the City' sinvestments as follows ( in order of priority):
1. Safety — Preservation of the principal of invested funds
2. Liquidity — Ability to liquidate one or more of the City' sinvestments if unexpected expenditures arise
3. Return — Attainment of a market rate of return
The majority of the portfolio is invested in the Local Agency Investment Fund ( LAIF), which is administered by the California State Treasurer' s office. LAIF provides the City with an investment vehicle with yields that are slightly greater than U. S. Treasuries ( T -bills) with a 2 -year maturity or less. LAIF is a high quality investment in terms of safety, liquidity, and yield. Additionally, LAIF is an " On Demand" account; meaning funds may be withdrawn upon with 1 day notice, representing maximum liquidity.
In addition to LAIF, the City holds investments in Money Market Mutual Funds, Nonnegotiable Certificates of Deposit, and State and Local Government Securities ( SLGS). These investments are prudent investment choices and are included in the City' sInvestment Policy as allowable investments.
Each investment mentioned above has a specific maturity date. However, much of the portfolio is On Demand.
The short weighted average maturity provides the City with a great deal of liquidity during this period of heightened economic uncertainty and period of moderate investment yields. This liquidity places the City in a position to invest in longer term maturity investments once interest rates begin to stabilize toward their historical norms; overall macroeconomic indicators signal solid and consistent growth in future years.
The following table ( Table: 1) provides a summary of the City' scash and investments, by holding party, based on recorded value as of September 30, 2024 compared with the prior quarter:
27 Table: 1
Holding Party Fund Amounts (1)
of
Portfolio
Fund Amounts (1)
of
Portfolio
Investments/ Cash held by the City
Investments held by Trustees
TOTAL
206, 934, 462 61% 206, 730, 344 61%
132,05, 358 39% 134, 675, 216 39%
339, 039, 820 100% 341, 405, 560 100%
1) Small variances are due to the summation and rounding of multiple figures to the nearest whole dollar Please see the following pages ( Tables: 2 through 5) for a more detailed analysis of transactional additions and reductions due to cash flow needs, debt service payments, and maturities/ rollovers of certain investments.
Revenues arrived during the quarter, per City staff expectations, are as follows: utility payments, property tax, franchise fees, sales tax ( including Measure C), developer billing fees, grant reimbursements, building permit fees, plan check fees, and Transient Occupancy Tax (TOT).
Significant payables paid out during the quarter include:
Nonrecurring Expenditure Debt Service Payments, Capital Improvement Projects — General Government, Parks, Streets, Water, and Wastewater
II. Recurring Expenditures
a. Contractual — Park & Street Landscaping, and Wastewater Treatment Services b. Intergovernmental payments — South San Joaquin Irrigation District ( Surface Water Contract), Lathrop Manteca Fire District, City of Manteca ( Wastewater Contract) Quarterly Economic Update
According to the latest projections from PFM Asset Management; Economic performance in the third quarter of 2024 continued to support a soft -landing outlook for the U. S. economy, underpinned by historically low unemployment, resilient consumer spending, record household wealth and a supportive Federal Reserve ( Fed).
Inflation continued to make progress towards the Fed' s2% target, while the labor market cooled from it formerly overheated state. This prompted the Fed to acknowledge that the risks on both sides of its dual mandate — stable prices and full employment — were now " roughly in balance." The Fed cut the overnight policy rate by 50 bps
0. 50%) to a new target range of 4. 75% to 5. 00% at its September 18 meeting, marking the first rate cut in over four years. Furthermore, the Fed' s updated " dot plot" implied an additional 50 bps of rate cuts through the balance of 2024 and 100 bps of cuts in 2025. The Fed expects to reach the longer run " neutral" policy rate of
2. 875% by the end of 2026. The U. S. labor market added an average of 186, 000 jobs per month in Q3, which was a rebound from Q2' s relatively weak reading of 147, 000 per month. Additionally, the unemployment rate ended the quarter at 4.1%, flat for the quarter but up from 3.7% at the beginning of the year. While the pace of expected hirings has gradually slowed, layoff rates have remained near multi -year lows and weekly jobless claims are firmly below their long- term averages indicating the labor market remains healthy.
I certify that all of the investments reported herein are in accordance with the " City of Lathrop Investment Policy" adopted on October 14, 2024, with the Government Code, and other contractual agreements. I further certify the investments reported herein provide for the ability of the City to meet cash flow needs for the next six months.
Step alvatore Cari Jam
City Manager Director if Finance
28 TABLE:
2 CITY
OF
LATHROP
Summary
of
All
Investments
As
ofSeptember
30,
2024
City
Held
Investments
Recorded
Value
Current
Yield
Percent
of
Portfolio
Local
Agency
Investment
Fund
Wells
Fargo
Money
Market
Mutual
Funds
California
Asset Management
Program
74, 871, 002 3, 172 943 68, 302, 021
4.575% 4.990% 290% 5.
26. 64% 13%. 30% 24.
Total
Investments
Held
by
the
City (
1)
146, 35 966
4. 918 %
08% 52.
Trustee
Held
Investments
Recorded
Value
Current
Yield
Percent
of
P
ortfolio
US
Bank UMB
Bank
Union
Bank
SJCounty
Pooled
Funds
PFM
Asset Management +
Year
End
FMV
PNC
Bank
3, 257 928 454, 523 1
183, 054
129, 271 145 508,66
430%. 430%. 0 .
000% 0 .260% 820% 4. 4. 700 %
1 .
16% 0 .
52%
0.0% 0.7% 00% 46. 0 .
18 %
Total
Investments
Held
by
Trustees (
2)
134, 675 216
4.800%
92% 47.
Total
City &
Trustee
Held
Investments &
Cash
Recorded
Value
Current
Yield
Percent
of
Portfolio
Investments
Held
by
the
City
and
Trustees
Cash
inChecking
Accounts - Reco
rded
Value
281, 02 182 60, 38478
4 .
861%
100 .
00%
Total
Cash
and
Investments
341, 405, 561
mo
One
nth
benchmark U. Sfor
Treasuries:
Three
month
benchmark
for
U. S
Treasuries:
Notes: 1)
See
Table:
4 for
detailed
investments
held
by
the
City.2)
See
Table:
5 for
detailed
investments
held
by
Trustees.
06% 5.
4. 92%
29 TABLE:
3 CITY
OF
LATHROP
In
vestments Cash
Flow
Analysis
As
ofSeptember
30,
2024
Investments
Held
by
the
City
Prior
Month
Recorded
Value
Purchased Buy)
Redeemed Sell)
Local
Agency
Investment
Fund (
1)
Wells
Fargo
Money
Market
Mutual
Funds (
2)
California
Asset Management
Program
002 74, 871 3, 159 206 68, 007, 234
13, 737 294, 788
Total
Investments
Held
by
the
City
146, 037 441
308, 525
Investments
Held
by
Trustees
Prior
Month
Recorded
Value
Purchased Buy)
Redeemed Sell)
PNC
Bank
SJCounty
Pooled
Funds
UMB
Bank
US
Bank (
3)
PFM
Asset Management +
Year
End
FMV
506,49 183, 054
2, 933 876 5, 371 412 126, 950 424
2, 017 5, 270
636, 207 1 10, 61740
623) 484, 1,691) 3, 749 919) 8, 296,
Total
Investments
Held
by
Trustees
135, 94 315 $
12, 261 133 $ (
232) 13, 531
Total
Cash
inChecking
Accounts
Held
by
the
City (
2)
63, 353 460
9, 08518
000) 12, 055
Total
Cash
and
Investments
Held
by
the
City
and
Trustees
345,36 21 $
21, 655, 576 $ (
232) $ 25, 586,
Notes: 1)
LAIF
interest
income
is
paid
quarterly (
Mar/ Jun Sept/ Dec)
and
received
in
the
following
month (
Apr/ Jul Oct/ Jan) .
2)
Property
Tax,
Sales
Tax,
Building
permit
revenue,
TOT,
Develo
per
payments,
and
Utility
payments;
nonrecurring
expenses
month:
General
government,
Parks,
Streets,
Wastewater,
and
Water
CIPs;
also ,
recurring
expenses:
Park &
street
landscape
water
treatment
services;
lastly, intergovernmental
payments
and
transfers:
SSJID
SCSWSP
0 &
M
expenses .
3)
Interest
earnings
from
BlackRock
Liquidity
Funds
T -
Funds
30 Day
Yield
4. 430%,
debt
service
payments.
30 TABLE:
4 CITY
OF
LATHROP
In
vestments Held
by
City -
Detail
As
ofSeptember
30,
2024
Agency (
Broker)
Yield
Investment Coup
toon
Purchase
Maturity
Descripti
on Rate
Maturity
Date
Date (
No
Local
Agency
Investment Fund
Money
Market
Fund
City
Acct
No .
98- 39 437
N/ A
4 .
575 %
Varies
On
Demand
74,
74,
Fargo Mutu
Wells
al
Funds
Money
Market
Mutual
Fund
City
Acct
No .
12641627
N/ A
4 .
990%
Varies
On
Demand
3,
3,
Califorina
Asset Management
Program Liquidity
Account
No .
6084- 001
N/ A
5 .
290%
Varies
On
Demand
68,
68,
TOTAL
INVESTMENTS
HELD
BY
CITY $
146,
31 TABLE:
5 CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detail
As
ofSeptember
30,
2024
InvestmentDescription Acct
Number
CUSIP
Current
Purchase
Maturity
Yield
Date
Investments
Held
by
US
Bank
03- 1
Series
2015 -
Mossdale
Village
Assessment
District
Mossdale
Village
Assessment
Dist.
No .
03- 1
Series
2015 -
Redempti
Fund on
Mossdale
Village
Assessment
Dist.
No.
03- 1
Series
2005/1 -
Reserve
Fund
Mossdale
Village
Assessment
Dist.
No.
03- 1
Series
2015 -
Prepayment
Fund LTHRP
FIN
REVEN
AUTH
BON
UE
DS
2023
SERIES
A Money
Rev
Market -
Acco
enue
unt
Money
Market -
Special
Tax
Fund
Money
Market -
CFD
Reserve
Account Money
Market -
Reserv
ReAD
eAccount
Money
Market -
Acquired
Obligations
Fund
2003-A
Lathrop
CFD
Money
MarketInterest
Account
Money
M
arket -
Acco
Reserve
unt
LAIF -
Interest
Account
CDPH/WR -
Loan
SRF
Agreement
Account
Agreement
Account -
Reserve
Fund Cro
2015
ssroads
Series
B
2015
Crossroads
Series
B -
2015
Crossroads
Series
B - Cro
2015
ssroads
Series
B -
2015
Crossroads
Series
B -
2015
Crossroads
Series
B -
LOIB
RDP
LOIB
Reserve
Cost
of
Issuance Improvements COI
Custodian
Agreement
Investments
Held
by
Ban
PNC
k
by
Account
2012
Loan (
Water
Refun din of
g
2000
Water
COPs)
of
Certificate
Deposit -
Reserve
Fund
6712138601 6712138602 6712138604 278276000 278276003 278276004 278276006 278276008 6711720001 6711712200 6711720002 6711908800 6711908801 6712138801 6712138803 6712138804 6712138805 6712198801 4 .
430% 4 .430% 4 .430 % 430%. 4.30% 430%. 4.30% 4.30% 4.30% 4.30 %575% 4. 10/8 05 10/8 05 10/8 05 7/ 1/ 23 7/ 2/3 7/ 1/ 23 7/ 1 23 7/ 23 12/ 03 12/ 03 03/ 19 On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
4 .
430 %
12/ 20
On
Demand $
430%.
12/ 20
On
Demand $
430%. 4.30% 430 %.430%. 4.30%
09/1 15 09/1 15 09/1 15 09/1 15 09/1 15
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
Total
Investments
Held
by
Trustee -
US
Bank $
0.90%
5/ 22/ 19 $
Total
Investments
Held
by
Trustee -
PNC
Bank $
32 TABLE:
5 CITY
OF
LATHROP
Investments Held
by
Trustee -
Detail
As
ofSeptember
30,
2024
Investment
Current
Purchase
Maturity
Description Acct
Number
CUSIP
Yield
Date
Investments
Held
by
UMB
Bank
by
Account
2018- 1
Central
Lathrop
CFD Improvement
Area
1 -
Admin
Expense
Reserve
Fund Improv eme
Other
nt
Areas -
Admin
Expense
Reserve
Fund Improvement
Area
1 -
Principal
Account Improve ment
Area
1 -
Redemption
Account
Improvement
Area
1 -
Interest
Account Impro vement
Area
1 -
Admin
Expense
Account
Improvement
Area
1 -
Reserve
Fund Improvement
Area
1 -
Surplus
Fund Improvement
Area
2 -
Principal
Account Improvement
Area
2 -
Redemption
Account
Improvement
Area
2 - Accou
Interest
nt Improvement
Area
2 -
Admin
Expense
Account Impro vement
Area
2 -
Reserve
Fund Improvement
Area
2 -
Surplus
Fund
Improvement
Area
3 -
Acco
Principal
unt Improvement
Area
3 -
Redemption
Account Improvement
Area
3 -
Interest
Account Improvement
Area
3 -
Admin
Expense
Account Improvement
Area
3 -
Reserve
Fund Improvement
Area
3 -
Surplus
Fund
Improvement
Area
4 -
Acco
Principal
unt Improvement
Area
4 -
Redemption
Account
Improvement
Area
Intere4 -
stAccount Improvement
Area
4 -
Admin
Expense
Account
Improvement
Area
4 -
Reserve
Fund Improvement
Area
4 -
Surplus
Fund
Improvement
Area
5 -
Principal
Account
Improvement
Area
5 -
Redemption
Acco
unt
Improvement
Area
5-
Interest
Account
Improvement
Area
5 -
Admin
Expense
Account
149232. 1 149232 .
2 149232. 3 149232. 4 149232 .
5 149232. 6 149232. 7 149232. 8 149265. 1 149265. 2 149265 . 3 149265. 4 149265. 5 149265. 6 149267 .
1 149267 .
2 149267. 3 149267 .
5 149267 .
6 149267. 7 149268 .
1 149268 .
2 149268. 3
149268.4149268. 5
149268. 6
149269.
1 149269. 2 149269. 3
149269.
4 4.30%
02/1 19
On
Demand
430%.
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4 .
430 %
02/1 19
On
Demand
430%.
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
430 %.
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
430%.
02/1 19
On
Demand
4 .
430%
02/1 19
On
Demand
4.30 %
02/1 19
On
Demand
430%.
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
430%.
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
430%.
02/1 19
On
Demand
430%.
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
430%.
02/1 19
On
Demand
4.30 %
02/1 19
On
Demand
4.30%
02/1 19
On
Demand
430%.
02/1 19
On
Demand
4 .
430 %
02/1 19
On
Demand
4.30 %
02/1 19
On
Demand
33 TABLE:
5 CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detail
As
ofSeptember
30,
2024
Investment Description
Acct
Number
Current
Purchase
Maturity
CUSIP
Yield
Date
Improvement
Area
5 -
Reserve
Fund
Improvement
Area
5 -
Surplus
Fund
2018-
La
Central
CFD
throp
Special
Tax
Fund
Surplus
Fund
Investments
Held
by
San
Joaquin
County
by
Account
Sanitary
Assessmen
Sewer
tDistrict #
1 Pooled
Funds -
Redemption
Account
Investments
Held
by
PFM
Asset Management
Acco
by
unt
PFM
Man
Asset
agement
Money
Market
Fund
USTreasury
Note
Bond /
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
US
NoTreasury
tes
USTreasury
Notes
USTreasury
Notes
US NoTreasury
tes
USTreasury
Notes
149269 .
5 149269. 6 149261. 1 149261 .
2 4 .
430 %
02/1 19
On
Demand $
430%.
02/1 19
On
Demand $
430%.
02/1 19
On
Demand $
430%.
02/1 19
On
Demand $
Total
Investments
Held
by
Trustee -
UMB
Bank $
SJ
CO
FUND #
57961
0 .
260 %
10/ 87
On
Demand $
T
otal
Investments
Held
by
Trustee -
San
J
oaquin
County $
20260109
PFM
Funds -
Govt
Select
AA
Am $
912820B8
5 .
000%
09/ 30 23
30/ 25 $ 09/
91282CFP1
4 .
250%
10/5 22
10/5 2 $
91282CFP1
4 .
250 %
10/5 22
10/5 2 $
91282CFW6
4 .
500%
11/5 22
11/5 2 $
91282CFW6
500 % 4.
11/5 22
11/5 2 $
91282CGA3
4.000%
12/5 2
12/5 2 $
91282CGA3
4 .
000%
12/5/ 2
12/5 2 $
91282051
250 % 4.
12/ 31/ 23
12/ 31 25 $
91282CGE5
3.875%
01/ 15 23
01/ 15 26 $
91282CGE5
3. 875%
01/ 15 23
01/ 15 26 $
91282CGE5
3 .
875 %
01/ 15 23
01/ 15 26 $
91282CGL9
4 .
000 %
02/ 15 23
02/ 15 26 $
91282CGL9
4 .
000%
02/ 15 23
02/ 15 26 $
91282CGL9
000% 4.
02/ 15 23
02/ 15 26 $
9128286F2
2 .
500%
02/ 28 19
02/ 286 $
91282CGR6
4.625%
03/ 15 2
03/ 15 26 $
91282CKH3
4 .
500%
03/ 31 24
03/ 31 26 $
91282CGV7
3.750%
04/ 15 23
04/ 15 26 $
91282CKK6
4.875%
04/ 30 2
04/ 30 26 $
91282CHB0
3.625%
05/ 1 23
05/ 1 26 $
91282CKS9
4. 875%
05/ 31 24
31/ 26 $ 05/
91282CHH7
4.125%
06/ 15 23
06/ 15 2 $
91282CHH7
4.125%
06/ 15 23
06/ 15 2 $
91282CKY6
4. 625%
07/1 24
06/ 30 2 $
91282CHM6
500% 4.
07/ 15 23
07/ 15 26 $
34 TABLE:
5 CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detail
As
ofSeptember
30,
2024
InvestmentDescription Acct
Number
Current
Purchase
Maturity
CUSIP
Yield
Date
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury Subto
tal:
91282CLB5 91282CHU8 91282CHU8 91282CLH2 91282CHY0 91282CJC6 91282CJK8 91282CJK8 91282CJP7 91282CJT9 91282CKA8 91282CKE0 91282CKJ9 91282CKR1 91282CKR1 91282CKR1 91282CKV2 91282CKZ3 91282CKZ3 91282CLG4 4 .
375% 4.375% 4 .375% 3. 750 % 4.625% 4 .625% 4. 625 % 625% 4. 4 .375% 4. 000 % 125% 4. 250% 4. 4 .500 % 4 .500% 4 .500% 4 . 500% 625% 4. 4.375% 4 .375% 3.750%
07/ 31 24 08/ 15 23 08/ 15 23 09/3 24 09/ 15 23 10/5/ 23 11/5/ 23 11/5 23 12/5/ 23 01/ 15 24 02/ 15 24 03/ 15 24 04/ 15 2 05/ 1 24 05/ 1 24 05/ 1 24 06/ 17 24 07/ 15 24 07/ 15 24 08/ 15 24 07/ 31 26 08/ 15 26 08/ 15 26 08/ 31 26 09/ 15 26 10/5 26 11/5 26 11/5 26 12/5 26 01/ 15 27 02/ 15 27 03/ 15 27 04/ 15 27 05/ 1 27 05/ 1 27 05/ 1 27 06/ 15 27 07/ 15 2 07/ 15 2 08/ 15 27 35 TABLE:
5 CITY
OF
LATHROP
Investments Held
by
Trustee -
Detail
As
ofSeptember
30,
2024
InvestmentDescription Acct
Number
Current
Purchase
Maturity
CUSIP
Yield
Date
Supra -
national
A
gency
ond / B
Note
Intl
BK
Recon &
Develop
Notes
Intl
Finance
No
Corp
tes
Inter -
American
Devel
BKCorporate
Notes
Supra -
National
Agency
Subtotal AgeFederal
Bo
ncy
nd/ Note
Fannie
Mac
Notes (
Callable)
Federal
Lo
Home
an
Banks
Notes (
Callable) Ho
Federal
me
Loan
No
Banks
tes (
Callable)
Federal
Home
Loan
Banks
Notes (
Callable)
FFCB
Bonds
Fannie
Mae
Notes (
Callable)
Fannie
Mae
Notes (
Callable)
Federal
Agency
Subtotal:
Interest Total
Accrued
Interest +
Year
End
FMV
459058LE1
4 .
750 %
04/ 10 2
04/ 10 26
45950KDF4
4 .
375%
12/ 06/ 23
01/ 15 27
4581X0EM6
375% 4.
12/ 23
02/1 27
3134GXM35
3 .
600%
08/5 22
08/1 25
3130AN3T5
1. 000%
03/ 21
03/ 26
3130ALGJ7
1 .
000%
03/ 21
03/ 26
3130ANCD0
1 .
110%
07/ 30 21
07/ 26
3133EPSW6
4.500%
08/ 14 23
08/ 14 26
3135G06L2
0 .
875%
12/8/ 20
12/8 26
3135GAS28
5 .
420 %
04/ 30 2
04/ 237
Total
In
vestm ents
H
eld
by
Trustee -
PFM
Asset
Manageme
nt
T
otal
Investments
Held
by
Trustees $
36 CITY MANAGER' S REPORT ITEM 4.
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ITEM: COMMUNITY FACILITIES DISTRICTS ANNUAL BOND
ACCOUNTABILITY REPORT FOR FY 2023/4
RECOMMENDATION: Receive Report for Bonded and Non Bonded Community Facilities Districts
SUMMARY:
As mandated by California Government Code sections 53411 and 50075. 3, City Staff is submitting the Annual Bond Accountability Report for the City' s Community Facilities Districts (" CFDs") for FY ended June 30, 2024.
BACKGROUND:
Senate Bill 165 enacted the Local Agency Special Tax Bond Accountability (" Act").
This Act requires the annual preparation of a report containing specific information concerning the use of the proceeds or annual special taxes for CFDs. The Act only applies to bonds issued on or after January 1, 2001 in accordance with Section 53410 of the California Government Code. There are seven CFDs included in the FY 2022/3 annual report, three bonded CFDs and four non -bonded services CFDs shown on separate pages ( see Attachment " A" for a detailed listing).
Section' s53411 and 50075. 3of the California Government Code require the Chief Fiscal Officer of the issuing local agency to file the annual report with its governing body no later than January 1 every year.
REASON FOR RECOMMENDATION:
The report will ensure compliance with Sections 53410, 53411 and 50075. 3 of the California Government Code.
FISCAL IMPACT:
Staff time to prepare report.
ATTACHMENTS:
A. Annual CFD Report for FY Ending June 30, 2024.
37 CITY MANAGER' S REPORT PAGE 2
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
COMMUNITY FACILITIES DISTRICTS ANNUAL BOND ACCOUNTABILITY REPORT FOR FY 2023/4
APPROVALS:
itbida2- 56
Cari Jame
Finance Di e' tor
Date
Salvador Navarrete Date
City Attorney
I v- w tv
it•4• 2-Lf
Ste ffen Salvatore Date
City Manager
38 SB 165: LOCAL AGENCY SPECIAL TAX & BOND ACCOUNTABILITY ACT Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act ( the " Act"). This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001 in accordance with Section 50075. 1or Section 53410 of the California Government Code.
Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Sections 50075. 3 and 53411 of the California Government Code that states:
The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:
1. The amount of funds collected and expended.
2. The status of any project required or authorized to be funded as identified in subdivision ( a) of Sections 50075. 1 [and] 53410."
The requirements of the Act apply to the funds for the following districts:
7, 285, 000 City of Lathrop
Community Facilities District No. 2003- 1
Mossdale Village) Special Tax Refunding Bonds, 2013 Series A Date: April 2003
PURPOSE OF SPECIAL TAX
Bonds were issued to pay for the Mossdale Landing Urban Design Concept Project' s and the Lathrop Station Urban Design Concept Parcel' sshare of the water delivery system established under the South County Surface Water Project, including water transmission and delivery facilities, as well as potable water facilities from City Well No. 22. The improvements are complete. 7, 535, 000 City of Lathrop
Community Facilities District No. 2003-
Joint Wastewater Project) Special Tax Bonds, Series 2003 Date: October 2003
PURPOSE OF SPECIAL TAX
Bonds were issued to pay for acquisition of capacity in the wastewater treatment facilities and sanitary sewer facilities The improvements are complete.
ATTACHMENT" h "
39 City of Lathrop
Community Facilities District No. 04-1 (Mossdale Services) Date: 6/ 22/004
PURPOSE OF SPECIAL TAX
The Special Tax pays for certain services including parks, parkways, open spaces, flood and storm protection, as well as police protection.
City of Lathrop
Community Facilities District No. 2005- 1 (Historic Lathrop Services) Date: 11/5/ 2005
PURPOSE OF SPECIAL TAX
The Special Tax pays for fire protection and suppression services, maintenance of parks, parkways and open space, flood and storm protection services, and police protection services.
City of Lathrop
Community Facilities District No. 2013- 1 (River Islands Public Services and Facilities)
Date: 11/ 4/ 2013
PURPOSE OF SPECIAL TAX
The Special Tax pays for public services and maintenance of public infrastructure within the River Islands area as well as local facilities including roadways, bridges, water and sewer infrastructure, public landscaping, and related improvements.
City of Lathrop
Community Facilities District No. 2018- 1
Central Lathrop Specific Plan Facilities), 2019 Special Tax Bonds Improvement Area No. 1 Bonds: $12, 630, 000
Improvement Area No. 2 Bonds: $7, 945, 000
Improvement Area No. 3 Bonds: $15, 625, 000
Improvement Area No. 4 Bonds: $5,65, 000
Improvement Area No. 5 Bonds: $3, 970, 000
Date: 11/9/8
PURPOSE OF SPECIAL TAX
Bonds were issued to refinance the costs of public infrastructure, and to facilitate the prepayment, waiver and termination of all of the Special Tax on parcels within the City' s Community Facilities District No. 2006- 1.
40 City of Lathrop
Community Facilities District No. 2018- (Central Lathrop Specific Plan Facilities) Date: 11/9/ 2018
PURPOSE OF SPECIAL TAX
Bonds were issued to refinance costs of public infrastructure, to facilitate the prepayment, waiver, and termination of all of the special tax on parcels within the previously formed Community Facilities District No. 2006- 1.
City of Lathrop
Community Facilities District No. 2019- 1 (South Lathrop City Services) Date: 4/ 8/ 2019
PURPOSE OF SPECIAL TAX
The Special Tax pays for services including the ongoing maintenance and operation of public roads, medians, streetlights, traffic signals, traffic signs, frontage improvements, landscaping, drainage facilities, and standby charges related to the ongoing maintenance and operation of the local public improvements.
City of Lathrop
Community Facilities District No. 2019- (Central Lathrop City Services) Date: 4/ 8/ 2019
PURPOSE OF SPECIAL TAX
The Special Tax pays for services including parks, parkways, and open space; flood and storm protection; police protection; and fire protection.
City of Lathrop
CFD No. 2021- 1 (Gateway Business Park City Services)
Date: 6/ 14/ 2021
PURPOSE OF SPECIAL TAX
The Special Tax pays for services including maintenance for roads, landscaping, irrigation, and lighting of streets, signals, curbs, gutters, parks, parkways, and open space, flood and storm water drainage, detention, retention and protection services, maintenance ( including capital replacement and reserves for capital replacement) and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City or by another local agency. 41 City of Lathrop
CFD No. 2023- 1 (River Islands Public Services and Facilities # 2) Date: June 12, 2023
PURPOSE OF SPECIAL TAX
The Special Tax pays for all direct and incidental costs related to providing public services and maintenance of public infrastructure within the River Islands area. More specifically, the services include, but not be limited to: (i) police protection services, (ii) maintenance of open space, including trails and habitat areas, with services to included, but not be limited to, irrigation and vegetation control; (iii) maintenance of roads and roadways, with services to include, but not be limited to, regularly scheduled street sweeping, repair of public streets, striping of streets and repair and repainting of sound walls and other appurtenances; (iv) storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, (v) landscaping in public areas and in the public right of way along with public streets, including, but not limited to, irrigation, tree trimming and vegetation maintenance and control; and ( vi) any other public services authorized to be funded under Section 53313 of the California Government Code. 42 CITY OF LATHROP
BONDED COMMUNITY FACILITIES DISTRICTS REPORT
FOR FY ENDED 6/ 30/ 224
District
Initial Amount Deposited to
Improvement Fund or
Project Costs
6/ 30/ 224
Balance (1)
Expended
Amount
Project
Status
CFD 2003- 1
Mossdale Village - Water) 6, 716, 563. 00 1, 330. 580. 86 6, 716, 563. 00 Complete CFD 2003-
Joint Wastewater) 6, 096, 532. 33 0.0 6, 096, 532. 33 Complete CFD 2018- 1 (Central Lathrop
Specific Plan Facilities) 0.0 0.0 0.0 Complete
CFD 2018- (Central Lathrop
Specific Plan Facilities) 0.0 0.0 0.0 Complete
1) Balance for CFD 2003- 1includes amounts collected via special tax levy for project purposes and developer cont ibutions.
District
Initial Amount Deposited to
Cost of Issuance
6/ 30/ 224
Balance
Expended
Amount Status
CFD 2003- 1
Mossdale Village - Water) 185, 217. 79 0.0 185, 217. 79 Closed CFD 2003-
Joint Wastewater) 200, 00. 0.0 200, 00. Closed
CFD 2018- 1 (Central Lathrop
Specific Plan Facilities) 0.0 0.0 0.0 Closed
CFD 2018- (Central Lathrop
Specific Plan Facilities) 0.0 0.0 0.0 Closed
District
Initial Amount Deposited to
Reserve Fund
6/ 30/ 224
Balance
Expended
Amount Status
CFD 2003- 1
Mossdale Village - Water) 198, 875. 00 209,58. 24 0.0 Open CFD 2003-
Joint Wastewater) 753, 500. 0 703, 254.5 50, 245. 7 Open CFD 2018- 1 (Central Lathrop
Specific Plan Facilities) 0.0 0.0 0.0 Not Funded
CFD 2018- (Central Lathrop
Specific Plan Facilities) 0.0 0.0 0.0 Not Funded
43 CITY OF LATHROP
NON -BONDED COMMUNITY FACILITIES DISTRICTS REPORT
FOR FY ENDED 6/ 30/ 224
District
7/ 1/ 2023
Balance ( 1)
Special Taxes
collected during
FY 2023/4 (2)
Expended
Amount and
Encumbrances ( 3)
6/ 30/ 224
Balance ( 4)
Project
Status ( 5)
CFD 04- 1
Mossdale Services) 1,63, 845. 53 2, 918, 486. 97 2, 363, 705. 14 1, 718, 627. 36 Ongoing CFD 2005- 1
Historic Lathrop Services) 24, 612. 03 69, 362. 81 63,37. 04 30,37. 80 Ongoing CFD No. 2013- 1
River Islands) 119, 323. 82 51, 623, 715. 0 1, 590,69. 46 152, 469.1 Ongoing CFD No. 2019- 1
South Lathrop) 918, 072. 45 626, 36. 60 307, 447. 74 1, 236, 991. 3 Ongoing CFD No. 2019-
Central Lathrop Specific) 289, 944. 2 1, 769, 292. 99 1,05, 567. 01 953, 670. 22 Ongoing CFD No. 2021- 1
Gateway Business Park City
Services) 147, 327. 46 151, 662. 36 52, 928. 57 246, 01. 25 Ongoing CFD No. 2023- 1
River Islands Public Services
and Facilities # 2) 0.0 0.0 0.0 0.0 Ongoing
Note ( 1)
Beginning balances include previous year encumbrances carried forward for payment in the subsequent fiscal year.
Note ( 2)
For CFD 04- 1this amount represents the annual special taxes remitted by the San Joaquin County Auditor - Controller, building permit collections, interest earnings, and a transfer for capital equipment replacement.
For all other districts this amount represents the annual special tax amounts remitted by the San Joaquin County Auditor - Controller and interest earnings.
Note ( 3)
All CFDs listed above are intended to provide funding for ongoing, perpetual operations and maintenance services. 44 CITY MANAGER' SREPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ITEM 4. 5
ITEM: RATIFY COUNCIL PARTICIPATION AT THE NAACP
2024 ANNUAL FREEDOM FUND BANQUET
RECOMMENDATION: Adopt Resolution Ratifying Council Participation at the National Association for the Advancement of
Colored People ( NAACP) 2024 Annual Freedom
Fund Banquet, November 16, 2024, at the
Mercedes- Benz of Stockton, in Stockton, California
BACKGROUND:
On November 7, 2024, the City Council received an invitation to attend the National Association for the Advancement of Colored People ( NAACP), Annual Freedom Fund Banquet to celebrate the organization' shistory and commitment to serving the needs of local communities. The Annual Freedom Fund Banquet brings together community members and leaders to reflect on accomplishments. This year, the Annual Banquet was scheduled to be held at the Mercedes- Benz of Stockton, in Stockton, California, November 16, 2024.
Mayor Dhaliwal and Councilmember Lazard were registered to attend this year' s Annual Banquet. The remaining Councilmembers were not available to attend due to a pre -scheduled conference. Therefore, tonight' s action is requesting Council ratification of the attendance by Mayor Dhaliwal and Councilmember Lazard to the NAACP 2024 Freedom Fund Banquet in Stockton, California representing the City of Lathrop for the cost of $ 145. 46, per person.
Information regarding the 2024 Annual Freedom Fund Banquet event can be found on the NAACP, Stockton branch website at: https:// www. stocktonnaacp. org/ FISCAL IMPACT:
Funds are available in the City Council Training & Travel expense account for Fiscal Year 2024-5.
ATTACHMENTS:
A. Resolution Ratifying City Participation at the NAACP 2024 Annual Freedom Fund Banquet, November 16, 2024, at the Mercedes- Benz of Stockton, In Stockton, California
B. 2024 Annual NAACP Stockton Freedom Fund Banquet Information 45 CITY MANAGER' SREPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
RATIFY NAACP 2024 ANNUAL FREEDOM FUND BANQUET
APPROVALS:
resa Vargas
Government Services Director/
City Clerk
Cari ]' m
Finance rD(ector
Date
t/aD
PAGE 2
Date
Y(
Salvador Navarrete Date
City Attorney
Step . Salvatore
City Manager
Date
C!• 14 -Z4
46 RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING
COUNCIL PARTICIPATION AT THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE ( NAACP) 2024 ANNUAL FREEDOM FUND BANQUET, NOVEMBER 16, 2024, AT THE MERCEDES - BENZ OF
STOCKTON, IN STOCKTON, CALIFORNIA
WHEREAS, on November 7, 2024, the City Council received an invitation to attend the National Association for the Advancement of Colored People ( NAACP), Annual Freedom Fund Banquet was scheduled to be held at the Mercedes- Benz of Stockton, in Stockton, California, November 16, 2024; and WHEREAS, The Annual Freedom Fund Banquet brings together community members and leaders to reflect on accomplishments; and
WHEREAS, Mayor Dhaliwal and Councilmember Lazard were registered to attend this year' sAnnual Freedom Fund Banquet. The remaining Councilmembers were not available to attend due to a pre -scheduled conference; and WHEREAS, funds are available in the City Council Training & Travel expense account ( 1010-1- 10) for Fiscal Year 2024-5.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby ratifies Council participation at the NAACP 2024 Annual Freedom Fund Banquet, November 16, 2024, at the Mercedes- Benz of Stockton, in Stockton, California; and
The foregoing resolution was passed and adopted this 18th day of November 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 47 e Find my Attachment B
Q Search events 9 Lathrop 0
NAACP
Stocwon Branch
THE NAACP STOCKTON BRANCH OF THE ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE Jt' eedo,, i ( J'!!/ l (I` JJtlit (Jll f
16 MERCEDES BENZ OF STOCKTON
1 5125 00
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Saturday, November 16
2024 ANNUAL NAACP STOCKTON FREEDOM FUND BANQUET
d T
Join us for an inspiring evening of empowerment and unity as we gather to commemorate the journey towards equality, justice, and freedom.
By NAACP STOCKTON BRANCH 81 followers
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ra Starts on Saturday, November 16. 5: 30pm PST
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9 Mercedes- Benz of Stockton
10777 Trinity Parkway Stockton, CA 95219
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For nearly a century, the NAACP Stockton Branch has been a steadfast advocate for civil rights, social justice, and equality. This milestone celebration not only commemorates the organization' srich history but also reaffirms its commitment to serving the needs ot the comrnunity. The Annual Freedom Fund Banquet is a momentous occasion that brings together comrnunity members, leaders, and allies to reflect on the progress made and the challenges that persist. With a legacy or activism and empowerment, the NAACP Stockton Branch continues to be a driving torce for positive change, fostering unity, awareness, and collective action. As the banquet gathers individuals from all walks of life, it serves as a reminder that the pursuit of equality is an ongoing journey that requires the sustained dedication of an entire community.
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The National Association for the Advancement of Colored People ( NAACP) is the nation' soldest and largest civil rights organization.
It' s half -million adult and youth members throughout the United States and the world are front line advocates for civil rights, social justice and equal opportunity under law.
For more detailed information about the Monthly General Membership meeting, contact the NAACP Office at ( 209) 466- 7005 or visit our website at www. StocktonNAACP. org.
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50 ITEM 4. 6
CITY MANAGER' S REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ITEM: RATIFY SERVICE CONTRACT WITH MCC CONTROLS
LLC DBA PRIMEX TO PROVIDE TECHNICAL SERVICES
AND SUPPORT FOR CONTROL SYSTEMS HARDWARE
AND SOFTWARE
RECOMMENDATION: Adopt a Resolution to Ratify a Service Contract with MCC Controls LLC dba Primex to Provide Technical
Services and Support for Control Systems Hardware
and Software
SUMMARY:
The City of Lathrop' sSupervisory Control and Data Acquisition ( SCADA) System monitors and controls the City' scommon infrastructure in the following utility groups:
Water system, Storm Water system, Wastewater system, and Recycled Water system equipment. MCC Controls LLC DBA Primex ( Primex) has provided SCADA equipment, configuration, integration, and programming services to the City of Lathrop for the past 20 years. Additionally, Primex designed, configured and installed the proprietary equipment and is familiar with the City' s infrastructure, operations, and security systems that are currently in place.
Due to the critical necessity to maintain the water utility stations and wells throughout the City, the City Manager signed the Service Contract on July 31st, 2024. Staff requests City Council ratify the service contract with Primex to provide technical services and support for control systems hardware and software in the amount of 328, 256 for a two ( 2) year term. Sufficient funds have been included in the approved budget for fiscal year ( FY) 24/5 annual expense.
BACKGROUND:
The SCADA system is composed of both hardware and software components that monitor and control the wells, booster stations, lift stations and pump stations for the City' s storm drainage, water, wastewater and recycled water systems. The SCADA system allow staff to remotely monitor processes and production of the City' s infrastructure by providing real- time data visualization and alarms of City Infrastructure, to help improve production efficiency.
Primex designed, configured, installed the proprietary equipment, and is familiar with the City' s SCADA system components and has provided configuration, integration, equipment and programming technical services and support for the past 18 years.
Additionally, Primex is required to archive the programming source codes as part of the City of Lathrop network security practices.
51 CITY MANAGER' S REPORT PAGE 2
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
RATIFY SERVICE CONTRACT WITH MCC CONTROLS LLC DBA PRIMEX TO
PROVIDE TECHNICAL SERVICES AND SUPPORT FOR CONTROL SYSTEMS
HARDWARE AND SOFTWARE
Obtaining additional quotes for SCADA technical services and support would require the City to publish information that could compromise the security of the City' s network.
At the request of staff, Primex submitted a proposal for continued technical and support services for a two- year term which includes preventative and break fix services ($ 163,28 for FY 24/5 and $ 165,28 for FY 25/6) for a total cost not to exceed $ 328, 256.
The proposed agreement includes both preventative maintenance ( scheduled) and a line item fee for (unforeseen) emergencies/ break- fix. This portion of the contract will only be billed when needed, on a time and material basis, against the rate sheet included on page 5 of the proposal ( not to exceed $ 72, 000 for FY 24/5 and not to exceed $ 74, 000 for FY 25/6) for a total cost not to exceed $ 146, 000.
Due to the critical necessity to maintain the water utility stations and wells throughout the City, the City Manager signed the Service Contract on July 31st, 2024. Staff recommends City Council ratify a Professional Technical Service and Support Agreement with Primex for the Supervisory Control and Data Acquisition ( SCADA) System for a total cost not to exceed $ 328, 256.
REASON FOR RECOMMENDATION:
The SCADA Water system, Storm Water system, Wastewater system, and Recycled Water system computer equipment requires a level of technical skill that the City does not have. The SCADA Technical Services and Support Agreement with Primex is necessary to avoid interruption and to ensure efficient and effective operation of the City' sSCADA system.
CEQA STATUS:
Not a Project as defined in Section 15378 of the State CEQA Guidelines. 52 CITY MANAGER' S REPORT PAGE 3
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
RATIFY SERVICE CONTRACT WITH MCC CONTROLS LLC DBA PRIMEX TO
PROVIDE TECHNICAL SERVICES AND SUPPORT FOR CONTROL SYSTEMS
HARDWARE AND SOFTWARE
FISCAL IMPACT:
The annual costs to provide SCADA technical and support services has been budgeted in the Council approved operating budget for the various districts. The Primex contract is allocated to each of these districts based on their usage of the SCADA technical and support services.
ATTACHMENTS:
A. Resolution Approving a Service Contract with MCC Controls LLC dba Primex to Provide Technical Services and Support for Control Systems Hardware and Software
B. Service Contract with MCC Controls LLC dba Primex to Provide Technical Services and Support for Control Systems Hardware and Software 53 CITY MANAGER' SREPORT PAGE 4
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
RATIFY SERVICE CONTRACT WITH MCC CONTROLS LLC DBA PRIMEX TO
PROVIDE TECHNICAL SERVICES AND SUPPORT FOR CONTROL SYSTEMS
HARDWARE AND SOFTWARE
APPROVALS:
ao
andes Date
nfor; ation Systems Director
Cari Jame
Finance Di ctor
Date
II/ 4242562' f
Michael King Date
Assistant City Manager
II• 13 • zozy
1/- 8 e
L Y
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
54 RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY
THE SERVICE CONTRACT WITH MCC CONTROLS LLC, DBA PRIMEX TO
PROVIDE TECHNICAL SERVICES AND SUPPORT FOR CONTROL SYSTEMS
HARDWARE AND SOFTWARE
WHEREAS, the SCADA system is composed of both hardware and software components that monitor and control the wells, booster stations, lift stations and pump stations for the City' s storm drainage, water, wastewater and recycled water systems; and
WHEREAS, the SCADA system allow staff to remotely monitor processes and production of the City' s infrastructure by providing real- time data visualization and alarms of City infrastructure; and
WHEREAS, Primex designed, configured, installed the proprietary equipment, and is familiar with the City' s
SCADA system components and has provided
configuration, integration, equipment and programming technical services and support for the past 18 years; and
WHEREAS, Primex offers a professional services, characterized by skilled knowledge of the City' sSCADA system and customized products that offer exclusive solutions tailored to the City' s
SCADA Systems and security -compliant needs; and
WHEREAS, the service contract includes both preventative maintenance and unforeseen emergency repairs services to ensure proper functionality of the City' s water utility stations and wells; and
WHEREAS, the City Manager signed the service contract on July 31st, 2024 to allow for the continuation of vital maintenance of the SCADA equipment.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby Ratify the City Managers Approval of the Services Contract with MCC Controls LLC, dba Primex to provide technical services and support for Control Systems hardware and software for a two- year term, in the amount of 328, 256.
55 The foregoing resolution was passed and adopted this 18th day of November 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 56 City of
Office of the City Manager
July 31 , 2024
Attachment A
390 Towne Centre Dr. - Lathrop, CA 95330
Phone ( 209) 941- 7220 - fax ( 209) 941- 7248
www. ci. lathrop. ca. us
NOTICE TO PROCEED
MCC Controls LLC dba Primex
Michael Anderson
859 Cotting Ct. Ste. G
Vacaville, CA 95688
Dear Mr. Anderson:
Enclosed please find your original executed contract to provide technical services and support for control systems hardware and software. This is your Notice to Proceed to the attached contract.
Should you have any questions regarding the project, please contact Tony Fernandes at 209) 941- 7349, the staff member directly involved with this project.
Sincerely,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
57 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05967AF 1F 145
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP AND
MCC CONTROLS LLC DBA PRIMEX
TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR CONTROL
SYSTEMS HARDWARE AND SOFTWARE
THIS SERVICE CONTRACT ( hereinafter " Contract") dated for convenience this 1st day of July 2024 is by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter "City") and MCC Controls LLC dba Primex ( hereinafter Contractor"), whose Taxpayer Identification Number is 81- 1611115 .
For and in consideration of the following covenants, terms and conditions, City and Contractor (the parties) agree:
SCOPE OF WORK
Contractor agrees to provide Technical Services and Support for Control Systems Hardware and Software with the City' sstandard 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.
The CONTRACTOR shall respond to emergency requests for service (" Service Call") relating to system failures during the after -hour timeframe of 6: O0p. m. to 8: 00a. mMonday through Thursday, 5: 00p. m. to 8: 00a. m. on Friday, Saturday and Sunday (" After -Hour Emergency") within four hours (" After -Hour Response Time") from the time CONTRACTOR is was notified of the emergency by the CITY, unless decided otherwise by the Information Systems Director and/ or Chief Information Officer at the time the Service Call was placed to the CONTRACTOR. Service Calls are to be conducted by the CONTRACTOR at no cost to the CITY. Failure of the CONTRACTOR to respond to an After -Hour Emergency within the After -Hour Response Time shall result in a $ 250 penalty per incident to be paid by the CONTRACTOR to the CITY.
The CONTRACTOR shall respond to emergency request for service (" Service CaII") relating to system failures during the business -hour timeframe of 8: 00a. m. to 6: 00p. m.
Monday through Thursday and 8: 00a. m. to 5: 00p. m. on Friday (" Business - Hour Emergency") within two hours (" Business - Hour Response Time") from the time CONTRACTOR is notified of the emergency by the CITY. Service Calls are to be conducted by the CONTRACTOR at no cost to the CITY. Failure of the CONTRACTOR to respond to a Business - Hour Emergency during the Business -Hour Response Time shall result in a $ 500 penalty per incident to be paid by the CONTRACTOR to the CITY.
CONTRACT PRICE
CITY hereby agrees to pay CONSULTANT a sum not to exceed S328. 256, for a two- year contract, at a rate of $ 163,28 for FY 24/5 and $ 165,28 for FY 25/6, for maintenance and support services as identified and set forth in Exhibit " A". 58 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05967AF1F145 c)
SERVICE CONTRACT
MCC CONTROLS LLC DBA PRIMEX TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work.
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 June 30, 2026.
PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.
INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City.
Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' sexpense.
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
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
59 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05987AF1F145
SERVICE CONTRACT
MCC CONTROLS LLC DBA PRIMEX TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.
CONTRACTOR' SWARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. Contractor unqualifiedly warrants all work and materials to be free of defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.
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. 5will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.
HOURS OF WORK
Eight ( 8) hours of work in any calendar day shall constitute a legal day' s work. The
Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- five dollars 25) for each worker employed in the execution of work on the Project by the Contractor
60 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05967AF1 F145
SERVICE CONTRACT
MCC CONTROLS LLC DBA PRIMEX TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.
PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work.
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
a) A certified copy of the employee' 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
61 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05967AF1F145
SERVICE CONTRACT
MCC CONTROLS LLC DBA PRIMEX TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.
The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.
Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.
PREVAILING WAGES
a) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. ("Prevailing Wage Laws") which 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.
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
62 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05987AF1F145
SERVICE CONTRACT
MCC CONTROLS LLC DBA PRIMEX TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
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 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 shalt not be limited to, protection
63 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05967AF1F145
SERVICE CONTRACT
MCC CONTROLS LLC DBA PRIMEX TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
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.
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
64 DocuSign Envelope ID: 4AB8B725- 0F00- 422A- 86CC- 05967AF1F145
SERVICE CONTRACT
MCC CONTROLS LLC DBA PRIMEX TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONTRACTOR procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR' Searliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' Sbreach.
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
65 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05967AF1 F145
SERVICE CONTRACT
MCC CONTROLS LLC DBA PRIMEX TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
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.
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.
66 DocuSign Envelope ID: 4AB88725- DF00- 422A- 86CC- 05967AF1F145
SERVICE CONTRACT
MCC CONTROLS LLC DBA PRIMEX TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
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.
67 DowSign Envelope ID: 4AB8B725- DFOQ- 422A- 86CC- 05967AF1F145
SERVICE CONTRACT
MCC CONTROLS LLC DBA PRIMEX TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
Approved as to Form: City of Lathrop
City Attorn
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
oocu8anod by
Lt t,nti, aln" t
s
Fbq' MLI] 1
Tony Fernandes
Director of Information Services
Approved by: City of Lathrop
Resolution #
Contractor:
Stephen J. Salvatore
City Manager
MCC Controls LLC dba Primex
859 Cotting Ct. Ste. G
Vacaville, CA 95688
Fed ID # 81- 1611115
Business License # 40633
rOocuSigned BOA0170L0A0U40B...
Signature
t;hAta au, l•xsoh.
6/ 28/024
Date
6/ 28/024
Michael Anderson
Date
Software Eng
Print Name and Title
68 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05967AF1F145 Exhibit A
Technical Services and Support
Agreement for Control Systems
Hardware/ Software FY 2024 - 2026
City of Lathrop
ilb PRIMEX.
Prepared by: Michael Anderson
Phone: 707- 449- 0341
Email: michael. anderson@sjeinc. com
859 Cotting Court, Suite G, Vacaville, CA 95688
Phone: (707) 449- 0341
www. primexcontrols. com
02020 SJE, Inc. PRIMEX is a trademark of SJE, Inc. All rights, flue, and interest in all specifications, Ideas and concepts contained herein shall at all times be and remain vested in SJE, Inc. All persons with access to this document shall not retain, use or disclose any of such work without the express written permission of SJE, Inc.
69 DocuSign Envelope ID: 4AB8B725- DFOD- 422A- 86CC- O5987AF1F145 IILPRIMER.
Annual Preventative Maintenance Program
On -Site Services
Dust Removal
Dust at a site can be a nuisance. Dust can
impede troubleshooting efforts by covering
equipment labels and wire numbers making it
difficult to quickly trace problems and
understand how a system works. These types of
delays can be extremely costly when a critical
site is down.
Excessive dust can cause long- term damage to
equipment. Excessive dust can act as an
insulator around electronic equipment causing
heat build- up which shortens the lifespan of
equipment. In industrial environments dust can
absorb things like moisture or oil from the air.
These types of contaminants can turn that dust
into a conductor causing internal electrical
shorts. In some cases, the absorbed
contaminants can become corrosive and
destroy equipment and internal components.
As part of our annual preventative
maintenance, we thoroughly clean out control
panels and make sure filters are in place and
clean. A clean panel is the foundation of a well -
maintained system.
Harlon Rd Wastewater Pump Station with 1 year of dust
accumulation
Harlan Rd after annual panel cleaning
859 Cotting Court, Suite G 1 Vacaville, CA 95688 1 ( 707) 449- 0341 www. primexcontrols. com
70 DocuSign Envelope ID: 4AB8B725- DFOQ- 422A- 86CC- 05967AF1F145 RRIIV1Ex.,
9 Inspection & Infrared Imaging
The central valley experiences rather extreme
conditions that vary wildly depending on the
time of year. Scorching summer heat, driving
rain during the rainy season, and high winds
carrying sand and debris all contribute to tough
conditions and excessive wear on unprotected
equipment. During our site inspections we
document the state of all control equipment
and work with City of Lathrop operators to
prioritize repairs and replacements before
equipment fails.
Sun bleached OIT identifiedfor replacement before failure.
Infrared Imaging
We use infrared FLIR imaging technology to
take our inspections to the next level. While
many signs of equipment damage and failure
can be identified by the naked eye, FLIR Infrared
equipment inspection allows us to find
conditions that might otherwise go undetected
until catastrophic failure occurs. Improperly
terminated electrical connections can generate
excess heat leading to early equipment failures
or potential fire hazards. Failing components or
components that are being stressed beyond
their designed limits can generate excess heat
as well. Infrared imaging allows us to identify
these potential issues and create a historical
record of equipment conditions. Early,
proactive identification can help us keep
Lathrop' sinfrastructure operating as expected.
Poorly terminated cable causing excessive heat buildup.
Quarterly SCADA Updates
SCADA systems have had increased visibility throughout the world in recent years with several high - profile attacks on water and wastewater treatment systems. "Obscurity" is not a viable security plan for infrastructure systems. The servers and applications used to run Lathrop' s SCADA system are
updated with the latest Microsoft patches and the latest software versions to make sure vulnerabilities are addressed.
Primex also works with Lathrop IT and their vendors to make sure remote access is only permitted by authorized, trusted personnel. We also monitor the Department of Homeland Security Industrial Control System ( DHS- ICS) notifications of vulnerabilities and work with city personnel to mitigate any risks related to Lathrop' ssystems.
859 Cotting Court, Suite G 1 Vacaville, CA 95688 1 ( 707) 449- 0341 www. primexcontrols. com
71 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05967AF1F145 f
Ili PRIMER.
Off -Site Support
Primex' s
support of Lathrop' ssystem extends
well beyond the on -site activities and services
listed above.
Remote Access Verification
As a trusted partner of the City of Lathrop we
have been granted remote access into the city' s
network. During our annual site visits we verify
remote access to each and every facility so that
we can effectively support the city when
needed.
As the city continues to grow and infrastructure
is installed throughout a larger geographic area
remote access is quickly becoming one of the
most effective ways to support the city quickly
and cost- effectively.
Offsite Program Backups
Throughout our long history of working with
city personnel we have diligently backed up
programs and equipment configurations to our
servers giving Lathrop offsite backups for all
sites throughout the city. Whether that means
reloading programs or migrating a system off
deprecated hardware our up- to- date backups
provide an important additional layer of
security for Lathrop' ssystems.
Key Equipment Availability
The recent supply chain issues have affected
industries and companies throughout the world
and there seems to be little relief on the
horizon. To further support Lathrop' sneeds we
are committing to keeping some key equipment
in stock at our Vacaville location exclusively to
support Lathrop' ssystems. This list includes:
Operator Interface: HMIGT06310
PLC Rack: BMX XBP 0800
PLC Power Supply: BMX CPS 4002
PLC CPU: BMX P34 2020
DI Module: BMX DDI 1602
DO Module: BMX DDO 1602
859 Cotting Court, Suite G 1 Vacaville, CA 95688 1 ( 707) 449- 0341 www. primexcontrols. com
72 DocuSign Envelope ID: 4AB88725- DF00- 422A- 88CC- 45967AF1F145 iii111 Rumex.
2024 Technical Service Rates
The following rates are effective for services and service agreements commencing on or after November 1g, 2023 and do not include any applicable sales tax. We reserve the right to increase rates on November 1n of each year.
Standard Services
Service Type
Standard Hourly
Rates1
Preferred
Hourly Rates
2 Travel Rates3
PLC & SCADA System Programmer 270 235
Field Service Technician 185 165
Design & Engineering 255 230
Project Management 225 195
Manufacturing Services 130 118
Drafting 150 130
Mileage 1. 00/ mile
Per Diem 35 meal per diem
Travel Expenses ( Hotel, Airfare etc.) Cost + 10%
1 Standard rates apply to all customers without a service agreement in place with PRIMEX, for services performed during normal business hours. See below for after- hours, overtime, and holiday service rate multipliers. There is a minimum charge of two ( 2) hours on site plus travel expenses.
2 Preferred rates apply to customers with an annual service agreement in place with PRIM EX.
Preferred customers enjoy priority scheduling ahead of non -preferred customers. There is no minimum trip charge for preferred customers. See below for after- hours, overtime, and holiday service rate multipliers. Contact your PRIMEX representative for service agreement details. 3 In addition to the rates above, customers will pay incurred travel costs, including mileage, airfare, hotels, and meals.
Service Rate Multipliers
Description Multiply Rate By:
Overtime — More than eight (8) hours worked in a day (excluding travel time) 1. 5 Weekends — Work performed on Saturday or Sunday 1. 5
After -Hours — Work performed between 6: 00pm and 6: 00am 1. 5 Holiday — Work performed on a PRIMEX- observed holiday, or a holiday falling on a weekend
2. 0
859 Cotting Court. Suite G. Vacaville. CA 95688 1 707. 449. 0341 ph 1 707. 449. 8860 fax 1 www. orimexcontrols. com 73 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 88CC- 05967AF1F145 ali RRH' v16)(.
MCC Controls LLC DBA PRIMEX
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' sLicense: 1016640
DIR Registration No.: 1000043535
Date:
To:
Attention:
From:
PRIMEX Quote d
Project
Task:
Terms:
Item ft Qty.
6/ 25/024
City of Lathrop
Tony Fernandes
Michael Anderson
Phone 707. 449. 0341
240625MA01
City of Lathrop Technical Services and Support Agreement for SCADA System Software 2024-026 SCADA System Support
LUMP SUM
This proposal details all materials and services we intend to provide for the above referenced project.
Be sure to reference General Notes following the scope listing.
This proposal expires 45 days after the date noted above.
Regular maintenance for all sites Is included under the appropriate quarterrgroup prodded their 1 year hardware warranty period has ended.
Scope of Work for Fiscal Year 2024 - 2025
Scope of Work
Description Line Item Price
1 Lot
2 Lot
Standard Technical Support Services $ 15, 460. 0
Software Custody
Assigned and Dedicated Customer Manager
Support ends June 30th, 2025.
Quarterly SCADA System Updates
Install Ignition software updates
Test & verify operation of system after updates
SCADA updates will be scheduled for July 2024, October 2024, January 2025 and April 2025.
Tasks to be completed:
SCADA Updates, Inpsections, and Backups ( performed quarterly):
Inspect SCADA dashboard at master, backup. and CTF sites. Note any warnings or errors Backup SCADA configuration/ programming from primary server & CTF server.
Verify database size, growth rates, and backup performance. Note any storage concerns and notify city. This must be done primary historical database and CTF local database
On -Site Equipment Verification & Backup:
Go online with PLC, verify offtine program
if match, go offline, SAVE AS with same version number but with today' sdate, then read from controller and SAVE.
If no match. go offllne. SAVE AS with new version number (increment by 01) and today' s date. then read from controller and While online, check battery status coil to see if battery requires replacement. If yes, replace battery ( if on hand) or note If Maple Alpha -numeric OIT:
Upload OIT program and SAVE.
Zip and SAVE with same version but new date.
If Magelis has SD flash card, copy PLC program file to SD card.
Note if Magelis does not have flash card for future upgrade.
Copy revised PLC and OIT programs to "current" folders on Corporation Yard SCADA machine and MCC server. Move Note any other maintenance needs.
Prepare written report for each site and submitted to City IT Department including any recommendations.
Group 1 Common Infrastructure $ 13,63. 00
Corporation Yard
Polling PLC
SCADA
Annual service performed by June 30, 2025 ( or as requested by City Staff) 3 Lot Group 2 Water System
Booster Pump Station 1
Booster Pump Station 2
www. primexcontrols. com
13, 950. 0
1 of 4
74 DocuSign Envelope ID: 4AB86725- DF00- 422A- 88CC- 05967AF1F145 RRU\ A6)<
MCC Controls LLC DBA PRIMEX
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' sLicense: 1018640
DIR Registration No.: 1000043535
Date: 6/ 25/024
To: City of Lathrop
Attention: Tony Femandes
From: Michael Anderson
PRIMEX Quote fa 240625MA01
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2024-026 Booster Pump Station 3
Booster Pump Station 4
Booster Pump Station 5 - River Islands
Booster Pump Station 6
LAWTF
Well 6
Well 7
Well 8
Well 9
Well 10
Well 21
SSJID L1 Tumout Pump Station
SSJID L2 Turnout Pump Station
Annual service performed by March 31. 2025 ( or as requested by City Staff) Phone 707. 449. 0341
4 Lot Group 3 Storm Water System S 18, 865. 00
M1 SDPS
M2 SDPS
M3 SDPS
M5 SDPS
M6 SDPS
Camish Pond
Crossroads SDPS
Dos Reis SDPS
Easy Court SDLS
Horizon Park SDLS
J Street SDLS
Libby Park SDPS
Louise Ave SDLS
Marketplace Valve
Milestone SDPS
N Street SDLS
New Harlan Road SDLS
Old Harlan Road SDLS
San Joaquin River SDPS
South Lathrop SDPS
Stanford Crossing SDPS 1, 2 & 4
Stonebridge SDPS
Thomsen Park SDLS
Valley Crossing SDLS
Woodfield SDLS
Annual service performed by December 31, 2024 ( or as requested by City Staff) 5 Lot Group 4 Waste Water System
Easy Court WWLS
Harlan Road WWPS
Industrial Park
J Street WWPS
Louise Ave WWPS
McKinley Ave WWPS
Mossdale WWPS
0 Street WWPS
Phelan Gateway WWPS
River Islands 2A WWPS
River Islands Main WWPS
14, 430. 0
www. primexcontrols. com 2 of 4
75 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05967AF1F145 RRINi16)(.
MCC Controls LLC DBA PRIMEX
859 Coning Ct. Ste G
Vacaville, CA 95688
Contractor' sLicense: 1016640
DR Registration No.: 1000043535
Date: 6/ 2512024
To: City of Lathrop
Attention: Tony Femandes
From: Michael Anderson
PRIMEX Quote • 240625MA01
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2024-026 Sharpe Depot 2nd Avenue WWPS
Sharpe Depot 4th Avenue WWPS
South Lathrop WWPS
SSI
Stanford Crossing WWPS
Stonebridge WWPS
Valley Crossing WWLS
Woodfield WWLS
WQCF
Annual service performed by September 30, 2024 ( or as requested by City Staff) Phone 707. 449. 0341
6 Lot Group 5 Recycled Water System $ 5, 250. 0
S2
S5
S6
S18 - River Islands
S28
River Islands Flushing Station 2A
Annual service performed by March 31, 2025 ( or as requested by City Staff) 7 Lot Group 6 CTF $ 10, 010.
CP- 1
CP- 1A
CPCP- 2
CP- 3Dechlorination
Crossroads Sewer Lift Station
ETPS
Headworks 1
Headworks 2
Headworks 3
Headworks 4
MEW
Pond Irrigation Pump Station
Annual service performed by June 30, 2025 ( or as requested by City Staff) Any sites marked with an asterisk will be maintained under the original startup warranty during this service contract period. Because these sites are covered under warranty they do not add to the cost of the service contract.
The total price for the scope of work above Is:
Subtotal 91, 128. 00
Tax $
91, 128. 00
General Notes:
1. Prices quoted above inciuds sales tax and travel to the jobsite.
2. Terms and Conditions of sale: Upon PRIMEX approval of customer credit, PRIMEX will extend 30 -day payment terms on invoices for det verobles provided per this scope of work. Deliverables are FOB - PRIMEX Vacavlle, CA, with freight slowed ( unless specifically noted otherwise m tits proposal). Customer may accept this proposal by signature hereon, or by separate purchase order made out to MCC Controls LLC DBA PRIMEX.
Please call or email with any questions.
Sincerely,
www. primexcontrois. com 3 of 4
76 DocuSign Envelope ID: 4AB8B725• DF00- 422A- 86CC- 05967AF1F145 RR11V16)<.
MCC Controls LIC DBA PRIMEX
859 Costing Ct. Ste G
Vacaville, CA 95688
Contractors License: 1016640
DIR Registration No.: 1000043535
Date: 6/ 2512024
To: City of Lathrop
Attention: Tony Femandes
From: Michael Anderson
PRIMEX Quote S 240625MA01
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2024-026 Michael Anderson
Phone 707. 449. 0341
www. primexcontrols. com 4 of 4
77 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05967AF1F145 111 RRII\/ 16)(.
MCC Controls LLC DBA PRIMER
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' sLicense: 1016640
DIR Registration No.: 1000043535
Date: 6/ 25/024
To: City of Lathrop
Attention: Tony Femandes
From: Michael Anderson
PRIMER Quote 0 240625MA02
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2024-026 Task: SCADA System Support
Terms: LUMP SUM
This proposal details all matertate and services we intend to provide forthe above referenced project Be sure to reference General Notes following the scope listing.
This proposal expires 46 days after the date noted above.
Regular maintenance for all sites is included under the appropriate quarterigroup provided their 1 year hardware warranty period hes ended.
Scone of Work for Fiscal Year 2425 - 2026
Phone 707. 449. 0341
Scope of Work
item d Qty. Description Line Item Price
1 Lot Standard Technical Support Services $ 15, 460. 0
Software Custody
Assigned and Dedicated Customer Manager
Support ends June 30th, 2026.
Quarterly SCADA System Updates
Install Ignition software updates
Test & verify operation of system after updates
SCADA updates will be scheduled for July 2025, October 2025, January 2026 and April 2026.
Tasks to be completed:
SCADA Updates, Inpsections, and Backups ( performed quarterly):
Inspect SCADA dashboard at master, backup, and CTF sites. Note any warnings or errors Backup SCADA configuration/ programming from primary server & CTF server.
Verify database size, growth rates, and backup performance. Note any storage concerns and notify city. This must be done primary historical database and CTF local database
On -Site Equipment Verification & Backup:
Go online with PLC, verify offline program
if match, go offline, SAVE AS with same version number but with today' s date, then read from controller and SAVE.
If no match, go offline, SAVE AS with new version number ( increment by 01) and today' s date, then read from controller and While online, check battery status coil to see if battery requires replacement. If yes, replace battery ( if on hand) or note battery If Maple Alpha -numeric OIT:
Upload OIT program and SAVE.
Zip and SAVE with same version but new date.
If Magelis has SD flash card, copy PLC program file to SD card.
Note if Magelis does not have flash card for future upgrade.
Copy revised PLC and OIT programs to " current" folders on Corporation Yard SCADA machine and MCC server. Move previous Note any other maintenance needs.
Prepare written report for each site and submitted to City IT Department including any recommendations. 2 Lot Group 1 Common Infrastructure $ 13,63, 00
Corporation Yard
Polling PLC
SCADA
Annual service performed by June 30, 2026 (or as requested by City Staff) 3 Lot Group 2 Water System
Booster Pump Station 1
Booster Pump Station 2
Booster Pump Station 3
Booster Pump Station 4
13, 950 00
www. primexcontrols. com 1 of 4
78 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05967AF1F145 all RRII\/ I6)(
MCC Controls LLC DBA PRIMEX
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' sLicense: 1016640
DIR Registration No.: 1000043535
Date: 6/ 25/024
To: City of Lathrop
Attention: Tony Femandes
From: Michael Anderson
PRIMEX Quote N 240625MA02
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2024-026 Booster Pump Station 5 - River Islands
Booster Pump Station 6
LAWTF
Well 6
Well 7
Well 8
Well 9
Well 10
Well 21
SSJID L1 Turnout Pump Station
SSJID L2 Turnout Pump Station
Annual service performed by March 31, 2026 ( or as requested by City Staff) Phone 707. 449. 0341
4 Lot Group 3 Storm Water System $ 18, 865. 00
M1 SDPS
M2 SOPS
M3 SDPS
M5 SDPS
M6 SDPS
Camish Pond
Crossroads SDPS
Dos Reis SDPS
Easy Court SDLS
Horizon Park SDLS
J Street SDLS
Libby Park SOPS
Louise Ave SDLS
Marketplace Valve
Milestone SOPS
N Street SDLS
New Harlan Road SDLS
Old Harlan Road SDLS
San Joaquin River SOPS
South Lathrop SDPS
Stanford Crossing SDPS 1, 2 & 4
Stonebridge SDPS
Thomsen Park SDLS
Valley Crossing SDLS
Woodfield SDLS
Annual service performed by December 31, 2025 ( or as requested by City Staff) 5 Lot Group 4 Waste Water System
Easy Court WWLS
Harlan Road WWPS
Industrial Park
J Street WWPS
Louise Ave WWPS
McKinley Ave WWPS
Mossdale WWPS
0 Street WWPS
Phelan Gateway WWPS
River Islands 2A WWPS
River Islands Main WWPS
Sharpe Depot 2nd Avenue WWPS
Sharpe Depot 4th Avenue WWPS
South Lathrop WWPS
SSI
Stanford Crossing WWPS
14, 430. 0
www. primexcontrols. 00m 2 of 4
79 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 86CC- 05967AF1F145 RRIr16Xc
MCC Controls LLC DBA PRIMEX Phone 707. 449. 0341
859 Cotting Ct Ste G
Vacaville, CA 95688
Contractors License: 1016640
DR Registration No.: 1000043535
Date: 6/ 25/024
To: City of Lathrop
Attention: Tony Fernandes
From: Michael Anderson
PRIMEX Quote* 240625MA02
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2024-026 Stonebridge WWPS
Valley Crossing WWLS
Woodfield WWLS
WQCF
Annual service performed by September 30, 2025 (or as requested by City Staff) 6 Lot Group 5 Recycled Water System $ 5, 250. 0
S2
S5
S6
S16 - River Islands
S28
River Islands Flushing Station 2A
Annual service performed by March 31, 2026 (or as requested by City Staff) 7 Lot Group 6 CTF $ 10, 010.
CP- 1
CP- 1A
CPCP- 2
CP- 3 Dechlorination
Crossroads Sewer Lift Station
ETPS
Headworks 1
Headworks 2
Headworks 3
Headworks 4
MBR
Pond Irrigation Pump Station
Annual service performed by June 30, 2026 (or as requested by City Staff) Any sites marked with an asterisk will be maintained under the original startup warranty during this service contract period. Because these sites are covered under warranty they do not add to the cost of the service contract.
Subtotal 91, 128. 00
Tax $
The total price forthe scope of work above is:
Per the City of Lathrop, Primex is including a separate annual line item for small projects or City requested services. This will expedite the resolution of any hardware/ software issues that may occur at any time. The budgeted amounts are based on fiscal years 22.3 and 23-4 invoiced work with Primex. The Annual Site Services are ' Not to Exceed' amounts and are separate from the FY invoiced work. If necessary, these amounts could be increased with approval from the City of Lathrop.
FY 2024 - 2025
FY 2025 - 2026
The total price for the two year fiscal period 2024 - 2026 is:
91, 128. 00
72, 000.
74, 000.
328, 256. 00
Term
This agreement will take effect on July 1, 2024, once we' vereceived a fully www. primexcontrds. com 3 of 4
80 DocuSign Envelope ID: 4AB8B725- DF00- 422A- 88CC- 05967AF1F145 RR11V16)(.
MCC Controls LLC DBA PRIMEX
859 Coding Ct. Ste G
Vacaville, CA 95688
Contractor' sLicense: 1016640
DIR Registration No.: 1000043535
Date: 6/ 25/024
To: City of Lathrop
Attention: Tony Fernandes
From: Michael Anderson
PRIMEX Quote # 240625MA02
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2024-026 executed Purchase Order for this quote, and continue in effect until June 30, 2026.
Price quoted at Preferred rates. Contingent on acceptance of this support agreement.
We reserve the right to increase service rates no more than 10% on November 1st of each year.
Phone 707. 449. 0341
General Notes:
1. Prices quoted above took sales tax and travel to the pbeite.
2. Terms and Conditions of sale: Upon PRIMEX approval of customer credit, PRIME( wil extend 30 -day payment terms on Invoices for deliverables provided per this scope of work.
Deliverables are FOB — PRIMEX Vacaville, CA. with freight allowed ( unless specifically noted otherwise in this proposal). Customer may accept this proposal by signature hereon, or by separate purchase order made out to MCC Controls LLC DBA PRIMEX Please call or email with any questions.
Sincerely,
Michael Anderson
www. primexcontrol s. corn 4 of 4
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INTENTIONALLY
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82 CITY MANAGER' S REPORT ITEM 4. 7
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ITEM: RATIFY THE SOFTWARE AS A SERVICE AGREEMENT
WITH TYLER TECHNOLOGIES INC. FOR THE RENEWAL
OF SOFTWARE SUBSCRIPTION LICENSING AND
APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt a Resolution to Ratify the Software as a Service Agreement with Tyler Technologies, Inc. for the
Renewal of Software Subscription Licensing and
Approve Budget Amendment
SUMMARY:
Since 2012, the City has relied on Tyler Technologies for its Enterprise Resource Planning ( ERP) software, supporting various City services including financial management, utility management, human resources and community development. This software has been enhanced to incorporate payroll management and permit management. The current Software is being moved to a Service agreement for a Software as a Service ( SaaS), which requires a new contract to host, support and maintain these critical services.
The agreement includes three systems at an annual expense of $ 198, 05 following a one- time upgrade cost of $ 6, 500, totaling $ 204, 585 for fiscal year 24-5. This new agreement will also transition the hosting of the systems to the cloud, which will reduce the City' sserver footprint by approximately thirty ( 30) servers. This shift is expected to decrease internal weekly maintenance costs, reduce expenses on operating system and database software licenses, lower costs related to security, enhance support response times for the applications, and reduce costs associated other systems related support.
A budget amendment is requested as the current fiscal budget is insufficient to cover these costs.
The City Manager signed the new agreement on September 16th, 2024, to ensure vital City operations were not disrupted and to ensure that the City may continue to do business as usual as the previous agreement was set to expire as of September 30th, 2024.
Staff is requesting ratification of City Manager' ssignature of the software as a service agreement with Tyler Technologies to allow for continuation of vital City operations. 83 CITY MANAGER' S REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
RATIFY THE SOFTWARE AS A SERVICE AGREEMENT WITH TYLER
TECHNOLOGIES FOR THE RENEWAL OF SOFTWARE SUBSCRIPTION
LICENSING AND APPROVE BUDGET AMENDMENT
BACKGROUND:
PAGE 2
The City adopted the ERP system from Tyler Technologies in 2012, and has since expanded its capabilities by integrating payroll management in 2018 and building permitting and community development in 2019. The open architecture of the software has enabled seamless integration with these applications, accommodating the City' s evolving needs. The system streamlines financial management across all departments, enhances payroll operations, and manages community development and building/ planing processes.
Tyler Technologies and the City were in negotiations of the new contract for an extended time and finally agreed on the new agreement on September 12th, 2024. The previous agreement was set to terminate on September 30th, and did not leave sufficient time to request City Council approval of the new proposed agreement before termination of the then existing agreement. The City Manager signed the new agreement on September 16th, 2024 to ensure vital City operations were not disrupted and to ensure that the City may continue to do business as usual.
The new agreement includes a one- time fiscal expense of $ 204, 585 for 24-5 and an annual expense of $ 198, 05 for fiscal year 25-6 and subsequent years. The Information Systems Department' scurrent budget does not accommodate this expense, and a budget amendment of $ 85, 000 is requested for fiscal year 24-5 to cover these necessary costs. The increase to the annual expense for the software will be offset by reducing expenses related to supporting the technological infrastructure to host the software on premise in the long run. By moving to a cloud - based infrastructure, the City may reduce the resources allocated to this system and therefore reducing the expense.
Staff is requesting ratification of City Manager' ssignature of the software as a service agreement with Tyler Technologies to allow for continuation of vital City operations and reduce expenses related to hosting the related technological infrastructure.
REASON FOR RECOMMENDATION:
To reduce the expenses related to supporting the technological infrastructure of the City' sfinancial management, permitting and community development functions that are essential to the business functions of the City.
84 CITY MANAGER' S REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
RATIFY THE SOFTWARE AS A SERVICE AGREEMENT WITH TYLER
TECHNOLOGIES FOR THE RENEWAL OF SOFTWARE SUBSCRIPTION
LICENSING AND APPROVE BUDGET AMENDMENT
FISCAL IMPACT:
PAGE 3
The current budget for the Information Systems Department is not sufficient to support this expense and a budget amendment of $ 85, 000 is requested from the equipment replacement reserves to cover this expense.
Decrease Equipment Replacement Reserves:
1010- 243- 0000 $ 85, 000
Increase Expenditures:
1010-7- 20- 435- 10- 0 $85, 000
ATTACHMENTS:
A. Resolution to Ratify the Software as a Service Agreement with Tyler Technologies, Inc. for the Renewal Software Subscription Licensing and Budget Amendment B. Software as a Service Agreement with Tyler Technologies for Software Subscription Licensing
85 CITY MANAGER' SREPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
RATIFY THE SOFTWARE AS A SERVICE AGREEMENT WITH TYLER
TECHNOLOGIES FOR THE RENEWAL OF SOFTWARE SUBSCRIPTION
LICENSING AND APPROVE BUDGET AMENDMENT
APPROVALS:
l- j
des Date
nformation Systems Director
Cari Jam
Director of' Finance
P4120aik
Date
Michael King Date
Assistant City Manager
PAGE 4
13 ' Lc
Salvador Navarrete Date
City Attorney
It. ' •24
Stephen J. Salvatore Date
City Manager
86 RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY
THE SOFTWARE AS A SERVICE AGREEMENT WITH TYLER TECHNOLOGIES INC. FOR THE RENEWAL OF SOFTWARE SUBSCRIPTION LICENSING AND
APPROVE BUDGET AMENDMENT
WHEREAS, the City adopted the Enterprise Resource and Planning system in 2012, and has since expanded its capabilities by integrating payroll management in 2018 and building permitting and community development in 2019; and WHEREAS, the system streamlines financial management across all departments, enhances payroll operations, and manages community development and building/ planing processes; and
WHEREAS, negotiations ended on September 12th but the existing agreement was set to terminate on September 30th which did not provide sufficient time for staff to request council approval of the new proposed agreement prior to termination of the then existing agreement; and
WHEREAS, City Manager signed the Service Agreement with Tyler Technologies on September 16th, 2024 to allow for the continuation of vital City operations; and
WHEREAS, the new agreement will automatically renew under the same terms and condition unless a written request to cancel is received 75 days prior to the termination of the current agreement term; and
WHEREAS, the new agreement includes a one- time fiscal expense of 204, 585 for 24-5 and an annual expense of $ 198, 05 for fiscal year 25-6 and subsequent years with an increase not to exceed 3%; and WHEREAS, the Information Systems Department' scurrent budget does not accommodate this expense, and a budget amendment of $85, 000 is requested for fiscal year 24-5 to cover these necessary costs.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby Ratify the Software as a Service Agreement with Tyler Technologies for the renewal of software subscription licensing and approve the following budget amendments.
Decrease Equipment Replacement Reserves:
1010- 243- 0000 $ 85, 000
Increase Expenditures:
1010-7- 20- 435- 10- 0 $85, 000
87 The foregoing resolution was passed and adopted this 18th day of November 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 88 Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E4ODC8 Attachment A
t ler
SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler' s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:
SECTION A — DEFINITIONS
Agreement" means this Software as a Service Agreement.
Business Travel Policy" means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule Ito Exhibit B.
Client" means the City of Lathrop, California.
Data" means your data necessary to utilize the Tyler Software.
Data Storage Capacity" means the contracted amount of storage capacity for your Data identified in the Investment Summary.
Defect" means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then -current Documentation.
Defined Users" means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary.
Developer" means a third party who owns the intellectual property rights to Third Party Software.
Documentation" means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self- help documentation.
Effective Date" means the date by which both your and our authorized representatives have signed the Agreement.
Force Majeure" means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us.
Investment Summary" means the agreed upon cost proposal for the products and services attached as Exhibit A.
tyler
89 Docusign Envelope ID: E191CD4D• 55A9- 4CAB- ABED- OACB86E4ODC8 Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
Order Form" means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
SaaS Fees" means the fees for the SaaS Services identified in the Investment Summary.
SaaS Services" means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services.
SLA" means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
Support Call Process" means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
Third Party Hardware" means the third party hardware, if any, identified in the Investment Summary.
Third Party Products" means the Third Party Software and Third Party Hardware.
Third Party SaaS Services" means software as a service provided by a third party, if any, identified in the Investment Summary.
Third Party Services" means the third party services, if any, identified in the Investment Summary.
Third Party Software" means the third party software, if any, identified in the Investment Summary.
Third Party Terms" means, if any, the end user license agreement( s) or similar terms for the Third Party Products or other parties' products or services, as applicable.
Tyler" means Tyler Technologies, Inc., a Delaware corporation.
Tyler Software" means our proprietary software, including any integrations, custom modifications, and/ or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
we", "us", "our" and similar terms mean Tyler.
you" and similar terms mean Client.
SECTION B — SAAS SERVICES
1. Rights Granted. We grant to you the non- exclusive, non -assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C( 9). The foregoing notwithstanding, to the extent we have sold you perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms and conditions of this Agreement including, without limitation, Section 8(4). We will make any such software available to you for download.
tyler
2 90
Docusign Envelope ID: E191CD4D- 55A9- 4CABABED- 4ACB86E40DC8
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H( 1). In the event you regularly and/ or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage( s). We will not charge you additional fees without giving you thirty (30) days' notice and an opportunity to reduce the overages.
3. Ownership.
3. 1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/ or duration of the SaaS Services.
3. 2 The Documentation is licensed to you and may be used and copied by your employees for internal, non- commercial reference purposes only.
3. You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party' s business operations; b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/ or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C( 9), below, the SLA and our then current Support Call Process.
6. SaaS Services.
6. 1 Our SaaS Services are audited at least yearly in accordance with the AICPA' sStatement on Standards for Attestation Engagements (" SSAE") No. 21. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution of a mutually agreeable Non -Disclosure Agreement (" NDA"), we will provide you with a summary of our compliance report( s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. If our SaaS Services are provided using a 3rd party data center, we will provide available compliance reports for that data center.
tyler
91 Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E40DC8
6. 2 You will be hosted on shared hardware in a Tyler data center or in a third -party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers. In the event Tyler changes its cloud -services partner after the Effective Date, Tyler will notify its clients of the change in advance through standard client communication channels. All data will always be hosted within the United States. The data is encrypted in transit and at rest.
6. 3 Our Tyler data centers have fully -redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (" RPO") of 24 hours and a Recovery Time Objective (" RTO") of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored.
6. 4 We conduct annual penetration testing of either the production network and/ or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database( s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems ( hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.
6. 5 We test our disaster recovery plan on an annual basis. Our standard test is not client -specific.
Should you request a client -specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request.
6. We will be responsible for importing back- upand verifying that you can log -in. You will be responsible for running reports and testing critical processes to verify the returned Data.
6. 7 We provide secure Data transmission paths between each of your workstations and our servers.
6. 8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access.
6. 9 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and
4. tyler
4 92
Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E44DC8 have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https:// www. tylertech. com/ aboutus/ compliance, and in the event of any change in our status, will comply with applicable notice requirements.
SECTION C — PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation - related services itemized in the Investment Summary.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good -faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in -scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains the scope of services and related costs including programming and/ or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. If you cancel services less than three ( 3) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all ( a) daily fees associated with cancelled professional services if we are unable to reassign our personnel and (b) any non- refundable travel expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign personnel in the event you cancel within three (3) weeks of scheduled commitments.
S. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re -perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project tyler
93 Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E4DDC8 deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation - related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance ( either through action or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SI. Aand the Support Call Process, we will:
9. 1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software ( subject to any applicable release life cycle policy);
9. 2 provide support during our established support hours;
9. 3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;
9. 4 make available to you ail releases to the Tyler Software ( including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and
9. 5 provide non -Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third -party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high- speed internet connection capable of connecting us to your PCs and server( s). You agree to provide us with a
login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support ( unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; c) other consulting services; or (d) support outside our normal business hours as listed in our then - current Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one ( 1) week' s advance notice.
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- AB6D- OACB86E40DC8 SECTION D —THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms.
3. Third Partv Products Warranties.
3. 1 We are authorized by each Developer to grant access to the Third Party Software.
3. 2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware.
3. You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Third Partv Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third -party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1.. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E( 2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount( s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen ( 15) days of notice of our intent to do so. sir'. tyler
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E4ODC8 SECTION F — TERM AND TERMINATION
1. Term. The initial term of this Agreement is equal to the number of years indicated for SaaS Services in Exhibit A, commencing on the first day of the first month following the Effective Date, unless earlier terminated as set forth below. If no duration is indicated in Exhibit A, the initial term is one 1) year. Upon expiration of the initial term, this Agreement may be renewed for successive one (1) year renewal terms by mutual agreement at our then -current SaaS Fees; provided, however, that for the first three (3) successive annual renewal terms after the initial term, your annual SaaS Fees for the Tyler Software listed on the Investment Summary as of the Effective Date will not increase by more than three percent (3%) year over year. Your payment of the annual invoice for your annual SaaS Fees will serve to indicate your agreement to renew. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/ or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E( 2).
2. 1 Failure to Pav SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don' tcure such failure to pay within forty-ive (45) days of receiving written notice of our intent to terminate.
2. For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H( 3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty ( 30) day window set forth in Section H( 3).
2. 3 Force Maieure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of seventy- five (75) days or more.
2. 4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty 30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.
2. 5 Quarantine Period Exceeding Twelve ( 12) Months. If Client' s Data must be quarantined under Section H( 18) for a period longer than twelve ( 12) months, Client may terminate this Agreement on thirty (30) days' written notice to Tyler.
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Docusign Envelope ID: E191CD4D• 55A9- 4CAB- AB8D- OACB86E4ODC8 SECTION G — INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1. We will defend you against any third party claim( s) that the Tyler Software or Documentation infringes that third party' spatent, copyright, ortrademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment ( or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
1. 2 Our obligations under this Section G( 1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non -licensed third parties, or your willful infringement.
1. 3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.
1. 4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment ( or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.
General Indemnification.
2. 1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses ( including reasonable attorney' sfees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI- DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
2. To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses ( including reasonable attorney' sfees and costs) for (a) personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E4ODC8
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPUCABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABIUTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED ( A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F( 1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR ( 8) DURING ANY RENEWAL TERM, THE THEN -CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABIUTY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G( 1) AND G( 2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $ 1, 000,00 per occurrence and $ 2, 000,00 in the aggregate; (b) Automobile Liability of at least $ 1, 000,00; c) Professional Liability of at least $ 2, 000,00; (d) Workers Compensation complying with applicable statutory requirements; and ( e) Excess/ Umbrella Liability of at least $5, 000,00. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/ Umbrella Liability policy as well.
We will provide you with copies of certificates of insurance upon your written request.
SECTION H — GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve ( 12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then -current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase( s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve ( 12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, 1•. tyler
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- AB6D- OACB88E4ODC8 including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty ( 30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non -binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax- exempt entity, you agree to provide us with a tax- exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct -pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual' sability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.
6. E- Verifv. We have complied, and will comply, with the E -Verify procedures administered by the U. S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor( s) or permitted assign( s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
9. Force Maieure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten ( 10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a
request for a reasonable time extension equal to the
estimated duration of the Force Majeure event.
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E4ODC8
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party.
12. Severabilitv. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non -enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non -enforcement prevent such party from enforcing each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five ( 5) days after deposit with the United States Postal Service authorized mail center with proper postage ( certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information ( e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality NON, tyler
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Docusign Envelope ID: E191CD4D- 55A9. 4CAB- AB6D- OACB86E40DC8 covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
b) a party can establish by reasonable proof was in that party' s possession at the time of initial disclosure;
c) a party receives from a third party who has a right to disclose it to the receiving party; or d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect maiware or other conditions associated with your Data that are reasonably suspected of putting Tyler resources or other Tyler clients' data at risk, we reserve the absolute right to move your Data from its location within a multi -tenancy Tyler hosted environment to an isolated " quarantined" environment without advance notice. Your Data will remain in such quarantine for a period of at least six ( 6) months during which time we will review the Data, and all traffic associated with the Data, for signs of maiware or other similar issues. If no issues are detected through such reviews during the six ( 6) month period of quarantine, we will coordinate with you the restoration of your Data to a non -quarantined environment. In the event your Data must remain in quarantine beyond this six ( 6) month period through no fault of Tyler' s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will not impose fees without notice to you, and we will provide an estimate of what those costs will be. If the quarantine period exceeds twelve (12) months, Client may terminate the Agreement as set forth in section F( 2. 5).
19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/ or contact information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. tyler
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E4ODC8
23. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date( s) set forth below.
Tyler Technologies, Inc.
By: 51A44
oe/ Signed by:
A, id4jt.., v,... e
Name:
Tina Mize
Title: Group General counsel
9/ 6/ 2024
Date:
Address for Notices:
Tyler Technologies, Inc.
One Tyler Drive
Yarmouth, ME 04096
Attention: Chief Legal Officer
City of Lathrop, California
By:
Name:
Title:
Date:
Stephen J. Salvatore
City Manager
It • 1 v • z. 44.
Address for Notices:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attention: Tony Fernandes
tyler
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E40DC8 Exhibit A
ty! ei'. tec
Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E40DC8 s;:•. rler
Sales Quotation For:
City of Lathrop
390 Towne Centre Dr
Lathrop CA 95330-58
Quoted By: Summer Zwarun
Quote Expiration: 11/ 5/ 24
Lathrop CA _ NWERP flip to
Quote Name: Hosting/ SaaS
er Anneal Software - Sad
New World ERP
F1nanclab
Purchase Orders
Contract Management
GASS Reporting
PC Cash Register Interface
Accounting/ General Ledger
Fixed Assets
Bank Reconciliation
Project Accounting
Misc Billing & Receivables
Integrated Credit Card Processing
Work Orders
Decision Support Base Datamart
2024- 471890- M6V6F4 CONFIDENTIAL
5, 344
1,62
S 5, 344
S 2, 915
S 17, 003
S 2, 915
S 1, 943
2, 915
2, 915
S2, 741
S 2, 985
0
104
Docusign Envelope ID: E191CD4D- 55A9- 4CAB- AB6D- OACB8BE40DC8 FM Analytics
S 6, 316
eSuite Base
5 5, 344
ePayments
S 2, 915
User License to Unlimited Site license $ 2, 783
Peyroil/ HR
Payroll/ HR $ 14, 574
Position Budgeting
S 2, 915
Time & Attendance Interface $ 2, 915
HR Analytic $ 3, 401
eEmployee 51, 013
Utilities
Automatic Meter Read( AMR) $ 2, 429
Utility Billing ( Water/ Sewer Base)
S 12,45
Meter and Device Inventory $ 3, 887
Service Order Processing $ 5, 830
UM Analytics
S 3, 401
eUtilities $ 2, 915
Community Oemiopne
Parcel Management $ 2, 915
Enterprise Permitting & Licensing
Business Management Suite - Per User
S 16, 720
Community Development Suite - Per User
5 23, 896
Ovic Access - Business Management
S 3, 029
Ovic Service - Community Development
5 3, 029
eReviews
S 5, 680
GIS- Site Ucense
S 6,26
Enterprise Permitting & Licensing Mobile
5 2, 710
Report Toolkit
5 757
View Only License - Per User $ 1, 017
2024- 471890- M6V6F4 CONFIDENTIAL Page
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E40DC8 Time & Attendance
Time & Attendance 5, 440
Tyler One
Tyler Products
Cashiering
Enterprise Service Requests
Enterprise Service Requests
TOTAL
Fixed Fee Servlas
2,72
3, 029
198, 05
New Worki ERP
ERP Insights
Seas Flip Install Fee
Other Services
Project Planning Services for SaaS Flips
Summary
Total Tyler Software
Total SaaS
2024- 471890- M6V6F4
TOTAL
One Time Fees Recurring Fees
S0 S0
SO S 198, 05
CONFIDENTIAL
1 $ 4, 000
1 $ 2, 500 SO
6. S00 SO
0
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Docusign Envelope ID: E191CD4D- 55A9- 4CA8- AB6D- OACB86E40DC8 Total Tyler Services $ 6, 500 $ 0
Total Third -Party Hardware, Software, Services $ 0 S 0 Summary Total $ 6, 500 $ 198, 05
Contract Total $ 204, 585
Comment
Recurring SaaS fee is based on an annual commitment for up to one hundred and fifty (180) concurrent users.
Additional concurrent users will be billed at our then current rate, which is currently $1, 750 per user annually.
Recurring SeaS fee is for three (3) environments (Live, Test, and Train), with a Hosting minimum difference of $26000 per additional environment.
Time and Attendance ( ExecuTime) and New World ERP SasS includes up to 2 TB Data Storage Capacity. Should additional storage be needed, it may be purchased as needed at then -current rates, which as of the Effective Date is an annual fee of $2, 000 per 20008.
Enterprise Permitting & Licensing Sang Includes up to 1 TB Data Storage Capacity. Should additional storage be needed, R may be purchased as needed at then -current rates, which as of the Effective Date is an annual fee of
6. 000 per I TB.
Data Storage Capacity limits are calculated using only databases and document data, which does not include the operating system, Tyler software, or backups.
2024- 471890- M6V6F4 CONFIDENTIAL Page 4
107
Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E40DC8 Any SaaS or hosted solutions added to an agreement containing client -hosted Tyler solutions are subject to Tyler' s SaaS Services terms found here:
https:// www. tylertech. com/ ters/yler- saas-ervices.
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whkhever is later.
Customer Approval:
Print Name:
2024- 471890- M6V6F4
Date: et • it, • Z4 -
Stephen J. Salvatore P. O. a:
City Manager
CONFIDENTIAL Page 5
108
Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E4ODC8 Exhibit B
ler
tectmelogies
Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F ( 1) of this Agreement. Your annual SaaS fees forthe initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then -current rates; provided, however, that for the first three (3) successive annual renewal terms after the initial term , your annual SaaS Fees for the Tyler Software listed on the Investment Summary as of the Effective Date will not increase by more than three percent (3%) year over year.
2. Other Tyler Software and Services.
2. 1 implementation and Other Professional Services (including training): Implementation and other professional services ( including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.
2. Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed -fee services, they will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.
2. 3 Conversions: Fixed -fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/ Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.
2. 4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30 -day window has passed. You may still report Defects to us as set forth in this Agreement.
2. 5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where " Project Planning Services" are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, tyler
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E40DC8 Exhibit B
beginning on the first day of the month immediately following initiation of project planning.
2. 6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where " Project Planning Services" are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
2. 7 Web Services: Annual fees for web services are payable in advance, commencing upon the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then -current rates.
2. 8 Annual Services: Unless otherwise indicated in this Exhibit 8, fees for annual services are due annually, in advance, commencing on the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then -current rates.
3. Third Partv Products and Hardware.
3. 1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading.
3. 2 Third Party Software Maintenance: The first year maintenance fee for the Third Party Software is invoiced when we make it available to you for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at then - current rates, upon each anniversary thereof.
3. Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3. 4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then -current rates, upon each anniversary thereof.
3. 5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary. For the avoidance of doubt, Finite Matters will invoice Client directly for any services fees for Pattern Stream.
3. 6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party' sthen -current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then -current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty- fivedollars and mileage logs are not available.
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- AB6D- OACB86E40DC8 Exhibit B
6. Credit for Prepaid Maintenance and Support Fees for Tyler Software. Client will receive a credit for the maintenance and support fees prepaid for the Tyler Software for the time period commencing on the first day of the SaaS Term.
Payment. Payment for undisputed invoices is due within forty-ive (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting AR@tylertech. com.
tyler
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- AB6D- OACB86E40DC8 Exhibit B
Schedule 1
ler
to C`? Iis og' es
Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company ( TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee' stotal trip duration and the fare is within $ 100 ( each way) of the lowest logical fare. If a net savings of $200 or more ( each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee' stotal trip duration, the connecting flight should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven ( 7) days in advance, management approval will be required.
Except in the case of international travel where a segment of continuous air travel is six ( 6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for " Basic Economy Fares" because these fares are non- refundable and have many restrictions that outweigh the cost -savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
Up to five (5) days = one (1) checked bag
Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable. tyler
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- AB6D- OACB86E40DC8 Exhibit B
Schedule 1
2. Ground Transportation
A. Private Automobile
Mileage Allowance — Business use of an employee' sprivate automobile wilt be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee' s office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a " mid -size" or "intermediate" car. "Full" size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally ( excluding Canada), additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip ( 15-8%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/ from the airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler' s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler' s work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates.
No shows" or cancellation fees are not reimbursable if the employee does not comply with the hotel' scancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.
Ni:;:,.• tyler
2 113
Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E4ODC8 Exhibit B
Schedule 1
Employees are not authorized to reserve non- traditional short- tem lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U. S. are in accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www. Asa. gov/ perdiem.
Per diem for Alaska, Hawaii, U. S. protectorates and international destinations are provided separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below.
Departure Dav
Depart before 12: 00 noon
Depart after 12: 00 noon
Return Dav,
Lunch and dinner
Dinner
Return before 12: 00 noon Breakfast
Return between 12: 00 noon & 7: 00 p. m. Breakfast and lunch Return after 7: 00 p. m.* Breakfast, lunch and dinner
7: 00 p. m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7: 00 p. m.*
7: 00 p. m. is defined as direct travel time and does not include time taken to stop for dinner. tyler
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- AB6D- OACB86E4ODC8 Exhibit B
Schedule 1
5. Internet Access — Hotels and Airports
Employees who travel may need to access their e- mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee' s hotel charges for internet access it is reimbursable up to $10. 00 per day. Charges for Internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U. S. and Canada should be reserved through TMC using the "lowest practical coach fare" with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the U. S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2. b., Rental Car, shall apply to this section. ise.:". tyler
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- AB6D- OACB86E40DC8 Exhibit C
tyler technologies
Exhibit C
SERVICE LEVEL AGREEMENT
I. Agreement Overview
This SIA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. All other support services are documented in the Support Call Process.
I1. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month, calculated as follows: ( Service Availability -- Downtime) : Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third -party providers over whom we exercise no control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present.
Emergency Maintenance Window: ( 1) maintenance that is required to patch a critical security vulnerability; ( 2) maintenance that is required to prevent an imminent outage of Service Availability; or 3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used in the live production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five ( 5) hours per week. Tyler makes efforts to perform Standard Maintenance in the nighttime and outside of business hours ( most often between 12 a. m. and 4 a. m.), III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. tyler
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E40DC8 Exhibit C
b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime ( including whether it may be the result of Planned Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the calendar month.
In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days ( 15) of the end of the applicable month. We will respond to your relief request within thirty (30) day( s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption.
Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months and only for such consecutive months.
99.9% - 98. 00% Remedial action will be taken
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably low -traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be unavailable during the maintenance window.
tyler
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- AB8D- OACB86E4ODC8 Exhibit C
Schedule 1
tyler technologies
Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
1) On- lie submission ( portal) — for less urgent and functionality - based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built- in Answer Panel provides users with resolutions to most " how- to" and configuration - based questions through a simplified search interface with machine learning, potentially eliminating the need to submit the support case.
2) Email —for less urgent situations, users may submit emails directly to the software support group.
3) Telephone — for urgent or complex questions, users receive toll -free, telephone software support.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
1) Tyler Website — www. tvlertech. com —for accessing client tools, documentation, and other information including support contact information.
2) Tyler Search - a knowledge based search engine that lets you search multiple sources simultaneously to find the answers you need, 24x7.
3) Tyler Community —provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. 4) Tyler University — online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM ( Monday — Friday) across four US time zones ( Pacific, Mountain, Central and Eastern). Tyler' s holiday schedule is outlined below. There will be no support coverage on these days.
New Year' sDay Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after- hours service, we will provide you with procedures for contacting support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of tyler
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E40DC8 Exhibit C
Schedule 1
such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.
We will also make commercially reasonable efforts to be available for one pre -scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler' s
Customer Relationship Management System and given a
unique case number. This system tracks the history of each incident. The case number is used to track and reference open issues when clients contact support. Clients may track incidents, using the case number, through Tyler' s
Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client' sneeds. Tyler and the Client will reasonably set the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain " characteristics" may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the Client towards clearly understanding and communicating the importance of the issue and to describe generally expected response and resolution targets in the production environment only.
References to a " confirmed support incident" mean that Tyler and the Client have successfully validated the reported Defect/ support incident.
Priority
Level
Characteristics of Support Incident Resolution Targets' 1 Critical
Support incident that causes ( a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client' sremote
location; or (c) systemic loss of
multiple essential system functions.
Tyler shalt provide an initial response to Priority Level 1 incidents within one ( 1) business hour of receipt of the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one ( 1) business
day. For non -hosted customers, Tyler' sresponsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
10. tyler
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Docusign Envelope ID: E191CD4D- 55A9- 4CAB- ABED- OACB86E40DC8 Exhibit C
Schedule 1
PLevel riority Characteristics of Support Incident Resolution Targets` 2 High
Support incident that causes ( a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.
Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten ( 10) business
days. For non -hosted customers, Tyler' s
responsibility for loss or corrupted data is limited to assisting the Client in restoring its last available
database.
3 Medium
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.
Tyler shall provide an initial response to Priority Level 3 incidents within one ( 1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall
occur at least quarterly. For non -hosted customers,
Tyler' sresponsibility for lost or corrupted data is
limited to assisting the Client in restoring its last
available database.
4 Noncritical
Support incident that causes failure of
non -essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
Response and Resolution Targets may differ by product or business need Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client' s database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry -standard remote support tool. Tyler' ssupport team must have the ability to quickly connect to the Client' s system and
view the site' setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. tyler
3 120
ITEM 4. 8
CITY MANAGER' S REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ITEM: APPROVE CONTRACT CHANGE ORDER NO. 8 WITH
D. L. FALK CONSTRUCTION, INC. FOR POLICE
PROPERTY & EVIDENCE BUILDING, GG CIP 21- 13,
AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Approve Contract Change Order No. 8 with D. L. Falk Construction, Inc. for Police
Property & Evidence Building, CIP GG 21- 13, and
Approve Budget Amendment
BACKGROUND:
On June 12, 2023, City Council awarded a construction contract to D. L. Falk Construction, Inc. ( D. L. Falk Construction) for the Police Property & Evidence Building, CIP GG 21- 13 (Project) in the amount of $ 5, 494, 000 with a 10% construction contingency of $ 549, 400 for staff to use as necessary to achieve the goals of the Project.
The Lathrop Police Department has been utilizing the City of Ripon' s Property and Evidence Facility ( Ripon' sFacility) since the start of the Lathrop Police Department in 2022. The City of Ripon' sFacility is at maximum capacity and therefore, it was crucial for the City to construct and operate its own Property and Evidence facility.
During construction, additional scope was added to the Project to enhance safety and security features of the building, which provides a more functional and secure building. This additional work caused the project schedule to go beyond its original completion date which resulted in extended overhead costs for the Contractor.
Extended overhead costs include mobile office rental, utilities and Project administrative salaries. Contract Change Order No. 8 ( CCO 8), in the amount of 222,63, is to compensate D. L. Falk Construction for the overhead costs incurred due to additional time spent on the Project to complete the added enhancements and added fire alarm switch.
The current remaining contingency is $ 32, 030, therefore staff requests City Council approve CCO 8 and a project budget amendment of $ 190, 234.
REASON FOR RECOMMENDATION:
The work completed by the CCOs is essential for the completion of the project, and the much needed security for proper function and handling of evidence within the Property & Evidence Building.
121
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
APPROVE CONTRACT CHANGE ORDER NO. 8 WITH D. L. FALK
CONSTRUCTION, INC. FOR POLICE PROPERTY & EVIDENCE BUILDING, CIP 21- 13, AND APPROVE BUDGET AMENDMENT
FISCAL IMPACT:
Staff requests City Council approve a budget amendment to transfer $ 190, 234 from the Municipal City Services Fund ( 2270) to the Project CIP fund ( 3010) as follows:
Increase Transfer Out
2270- 9900-90- 9010 $ 190, 234
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 13 $ 190, 234
Increase Expenditures
3010- 8000- 420- 12- 00 GG 21- 13 $ 190, 234
ATTACHMENTS:
A. Resolution to Approve Contract Change Order No. 8 with D. L. Falk Construction, Inc. for Police Property & Evidence Building, CIP 21- 13, and Approve Budget Amendment
B. CCO 8 with D. L. Falk Construction for Police Property & Evidence Building, CIP 21- 13
122
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
APPROVE CONTRACT CHANGE ORDER NO. 8 WITH D. L. FALK
CONSTRUCTION, INC. FOR POLICE PROPERTY & EVIDENCE BUILDING, CIP 21- 13, AND APPROVE BUDGET AMENDMENT
APPROVALS:
2_
Bradrfiaylor
City Engineer
2: 1 / •02
Cari James
Finance Director
DateIdly/ 70Z` f
Date
Michael King Date
Assistant City Manager
I H I
Zoz. y
11. 14. Zo2.'{
l/—/ t/c of
Salvador Navarrete Date
City Attorney
1!• 4. 241
Ste en J. Salvatore Date
City Manager
123
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE CONTRACT CHANGE ORDER NO. 8 WITH D. L. FALK
CONSTRUCTION, INC. FOR POLICE PROPERTY & EVIDENCE BUILDING, CIP GG 21- 13, AND APPROVE BUDGET AMENDMENT
WHEREAS, on June 12, 2023, City Council awarded a construction contract to D. L. Falk Construction, Inc. (D. L. Falk Construction) for Police Property & Evidence Building, CIP GG 21- 13 (Project) in the amount of $ 5, 494, 000 with a 10% construction contingency of $ 549, 400 for staff to use as necessary to achieve the goals of the Project; and
WHEREAS, during construction, additional scope was added to the Project to enhance safety and security features of the building, which provides a more functional and secure building; and
WHEREAS, this additional work caused the project schedule to go beyond its original completion date which resulted in extended overhead costs for the Contractor. Extended overhead costs include mobile office rental, utilities and Project administrative salaries; and
WHEREAS, Contract Change Order No. 8 ( CCO 8), in the amount of $ 222,63, is to compensate D. L. Falk Construction for the overhead costs incurred due to additional time spent on the Project to complete the added enhancements; and WHEREAS, the current remaining contingency is $ 32, 030, therefore staff requests City Council approve CCO 8 and a project budget amendment of $ 190, 234 from the Municipal City Services Fund ( 2270) to the Project CIP fund ( 3010) as follows:
Increase Transfer Out
2270- 9900-90- 9010 $ 190, 234
Increase Transfer In
3310- 9900- 393- 0000 GG 21- 13 $ 190, 234
Increase Expenditures
3010- 8000- 420- 12- 00 GG 21- 13 $ 190, 234
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby adopt a resolution to approve CCO 8 with D. L. Falk Construction for Police Property & Evidence Building, CIP GG 21- 13; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 190, 234 from the Municipal City Services Fund ( 2270) to the Project CIP fund ( 3010) as detailed above. 124
The foregoing resolution was passed and adopted this 18th day of November, 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 125
City of Lathrop - Public Works Department - Construction Management CONTRACT CHANGE ORDER NO. 8
POLICE PROPERTY & EVIDENCE BUILDING
Contractor Name:
Contractors Address:
D. L. Falk Construction, Inc. Date:
3526 Investment Blvd. Project Name:
Hayward, CA 94545 CIP No.:
Nov. 18, 2024
Police Property & Evidence Building
GG 21- 13
The Police Property & Evidence Building contract dated June 12, 2023 is modified as herein specifically set forth, but that in all other respects, the contract remains unaltered.
NOTE: This change order is not effective until approved by the city.
Requested By: Ken Reed, Senior Construction Manager
Description of Work:
A) PCO # 59. 1 Time Extension ( Overhead) $ 217, 400.8
B) PCO 60 Connect Tamper Switch to Fire Alarm System
C)
D)
E)
TOTAL COST OF CHANGE ORDER : INCREASE: $ 222,62. 53
4, 862. 05
By reason of this change order, the time of completion will be adjusted as follows: 109 Additional Calendar Days Recommended By: Reviewed By:
Project Manager Date City , gineer Da e
Reviewed
Department Budget Analyst Date
Approved By:
tt•14• 24
Date
Approved As to Forpi By:
Z-6
L((
City Attorney Date
We, the undersigned contractor, have given careful consideration to the changes proposed and hereby agree, if this proposal is approved, we will provide all equipment, furnish all labor and materials, and perform all services necessary for the work above specified, and will accept as full payment the prices shown above.
Contractor: D. L. Falk Construction, Inc.
Accepted By:
Printed Name & Title:
Attachments:
1) PCO 59. 1 and PCO 60
Date:
126
CONTRACT CHANGE ORDER WORK SHEET:
To be filled out prior to execution of each change order) CONTRACT CHANGE ORDER NO. 8
POLICE PROPERTY & EVIDENCE BUILDING
PROJECT STATUS:
1 Budget Amount: $ 6, 043, 400. 0
2 Original Contract Amount: $ 5, 494, 000.
3 Original Contingency Amount: $ 549, 400. 0
4 Supplemental Contingency Amount: $ 147, 72. 00
5 Total Approved Change Orders to Date: $ 517, 30. 56
6 Current Contract Amount ( 2+5): $ 6, 011, 370. 56
7 Remaining Contingency ( 3+4-5): $ 32, 029. 44
8 Proposed Change Order # 8 Amount: $ 222,62. 53
9 Total Change Orders including proposed $ 739, 633. 09 10 Remaining Contingency Balance: $ ( 190, 233. 09)
11 Total Available Contingency To Date : - 34. 6%
127
D. L. Falk Construction, Inc.
3526 Investment Boulevard
Hayward, California 94545
Phone: ( 510) 887- 6500
PCO # 059. 1
Project: 202302 - Lathrop Property & Evidence Building
2112 E. Louise Ave.
Lathrop, California 95330
Prime Contract Potential Change Order # 059. 1: CE # 079 - Time Extension Overhead)
TO: City of Lathrop
390 Towne Center Drive
Lathrop, California 95330
PCO NUMBER/ REVISION: 059. 1 / 1 CONTRACT:
REQUEST RECEIVED FROM: David Falk (D. L. Falk Construction Inc.) CREATED BY:
STATUS:
REFERENCE:
FIELD CHANGE:
LOCATION:
SCHEDULE IMPACT:
EXECUTED:
Pending - In Review
109 days
No
FROM:
CREATED DATE:
PRIME CONTRACT
CHANGE ORDER:
D. L. Falk Construction Inc.
3526 Investment Boulevard
Hayward, Califomia 94545
1 Prime Contract
Rafael Mercado ( D. L. Falk Construction
Inc.)
9/ 27/024
None
ACCOUNTING METHOD: Amount Based
PAID IN FULL: No
SIGNED CHANGE ORDER
RECEIVED DATE:
TOTAL AMOUNT: $ 217, 400.8
POTENTIAL CHANGE ORDER TITLE: CE #079 - Time Extension (Overhead) CHANGE REASON: Allowance
POTENTIAL CHANGE ORDER DESCRIPTION: ( The Contract Is Changed As Follows) CE #079 - Time Extension (Overhead)
Additional indirect costs due to unforeseen conditions or client directed changes to field work. up.
87 days x $ 2, 704. 00 = $235,48. 00
Credit Cost = -$20, 000
New Total = $ 215,48. 00
Please see attachments for valuation quantities and back ATTACHMENTS:
Baseline Original 7. 28.3. pdf , Construction Contract & NTP - Fully Executed. pdf , General Conditions Cost Spreadsheet Lathrop. pdf Budget Code Description Amount
1 17-70400. LSuperintendent Time Extension Cost 235,48. 00 2 17-70400. LSuperintendent Cedit Cost 20, 000.)
Subtotal: 215,48. 00
Labor Markup ( 15. 00% Applies to Equipment.): 0.0
Material Markup ( 10. 00% Applies to Materials.): 0.0
Equipment Markup ( 10. 00% Applies to Equipment.): 0.0
Subcontractor Markup ( 5. 00% Applies to Commitment, Owner Cost, and Other.): 0.0 Bond Cost ( 1. 00% Applies to Labor, Equipment, Materials, Commitment, Owner Cost, and Other.): 2, 152. 48 Grand Total: 217, 400.8
D.. L. Falk Construction, Inc requests an extension to our contract by (109) working days to perform the above referenced work. This time extension is an estimation only to perform the installation of the work noted above and does not include any related time impacts resulting from the approval process, material procurement, or redesigning of work. When an accurate and complete time impact can be realized, DL Falk reserves its rights for costs related to extended general conditions for that duration in its entirety.
D. L. Falk Construction, Inc. Page 1 of 2 Printed On: 10/7/ 2024 03: 34 PM PDT 128
Eric Wohle (LDA Partners, Inc.)
222 Central Ct.
Stockton, California 95204
SIGNATURE
City of Lathrop
390 Towne Center Drive
Lathrop, California 95330
PCO # 059. 1
D. L. Falk Construction Inc.
3526 Investment Boulevard
Hayward, California 94545
DATE SIGNATURE DATE SIGNATURE DATE
D. L. Falk Construction, Inc. Page 2 of 2 Printed On: 10/7/ 2024 03: 34 PM PDT 129
D. L. Falk Construction, Inc.
3526 Investment Boulevard
Hayward, California 94545
Phone: (510) 887- 6500
PCO # 060
Project: 202302 - Lathrop Property & Evidence Building
2112 E. Louise Ave.
Lathrop, California 95330
Prime Contract Potential Change Order #060: CE # 080 - Connect Tamper Switch to FA system
TO: City of Lathrop
390 Towne Center Drive
Lathrop, California 95330
PCO NUMBER/ REVISION: 060 / 0 CONTRACT:
REQUEST RECEIVED FROM: Maria Cook ( Collins Electrical Co., Inc.) CREATED BY:
STATUS:
REFERENCE:
FIELD CHANGE:
LOCATION:
SCHEDULE IMPACT:
EXECUTED:
Pending - In Review
2 days
No
FROM:
CREATED DATE:
PRIME CONTRACT
CHANGE ORDER:
ACCOUNTING METHOD:
PAID IN FULL:
SIGNED CHANGE ORDER
RECEIVED DATE:
TOTAL AMOUNT:
D. L. Falk Construction Inc.
3526 Investment Boulevard
Hayward, California 94545
1 Prime Contract
Rafael Mercado (D. L. Falk Construction
Inc.)
10/ 9/ 2024
None
Amount Based
No
4, 862. 05
POTENTIAL CHANGE ORDER TITLE: CE #080 - Connect Tamper Switch to FA system CHANGE REASON: Design Development
POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #080 - Connect Tamper Switch to FA system
Cost to connect Tamper Switch to Fire Alarm System
ATTACHMENTS:
Collins COR # 019 Connect Tamper Switch to FA system. pdf Budget Code Description Amount
1 26-60000. SElectrical 4, 584. 68
Subtotal: 4, 584. 68
Labor Markup ( 15. 00% Applies to Labor.): 0.0
Material Markup ( 10. 00% Applies to Materials.): 0.0
Equipment Markup ( 10. 00% Applies to Equipment.): 0.0
Subcontractor Markup ( 5. 00% Applies to Commitment, Owner Cost, and Other.): 229.3 Bond Cost ( 1. 00% Applies to Labor, Equipment, Materials, Commitment, and Owner Cost.): 48. 14 Grand Total: 4, 862. 05
D.. L. Falk Construction, Inc requests an extension to our contract by (2) working days to perform the above referenced work. This time extension is an estimation only to perform the installation of the work noted above and does not include any related time impacts resulting from the approval process, material procurement, or redesigning of work. When an accurate and complete time impact can be realized, DL Falk reserves its rights for costs related to extended general conditions for that duration in its entirety.
Eric Wohle (LDA Partners, Inc.)
222 Central Ct.
Stockton, California 95204
SIGNATURE
City of Lathrop
390 Towne Center Drive
Lathrop, California 95330
DATE SIGNATURE
D. L. Falk Construction Inc.
3526 Investment Boulevard
Hayward, California 94545
DATE SIGNATURE DATE
D. L. Falk Construction, Inc. Page 1 of 1 Printed On: 10/ 9/ 2024 08: 49 AM PDT 130
October 8, 2024
CHANGE PROPOSAL P723078
PCO# 0019
Attention: David Falk of D. L. Falk Construction
Project: Lathrop Property & Evidence Building
Reference: Connect Tamper switches to Fire Alarm System Dear David:
Collins Electrical Company, Inc. requests a modification of our contract in an additive amount due to the additional work required Per David Falk.
PCO PRICE $ 4, 584. 68
Please note the following inclusions, exclusions and clarifications as qualifications to this change proposal.
Inclusions:
Install monitor module in Fire riser closet
Install seal tight from existing conduit to two tamper switches.
Pull wire from tamper switches to monitoring module in Fire closet Connect tamper switch monitoring module to system.
Exclusions:
Permits and fees ( utility, inspection, etc.).
Overtime, shift work, or premium time labor costs.
Standard exclusions per Collins Electric' s original bid proposal.
Clarifications:
Proposal is based on a normal ( 40) hour work week and our Standard Terms and Conditions.
This proposal is valid for 15 days.
The impact to the schedule for this COR is n/ a working days.
The impact of this change order only includes those direct costs which can be identified at this time. However, should it be determined at a later date that Collins Electrical Co., Inc. is experiencing impact cost or time delays beyond our control because of multiple changes, delays, or other consequences, Collins Electrical reserves the right to address and submit those additional cost and time extensions at a later date.
Per your request, we are providing line item pricing/ labor for this change order. Please note that the unit prices shown on this quotation are for reference only. Due to the volatility of materials and constantly changing job -site conditions, the line item pricing/ labor shown may not reflect the exact unit costs for future work.
We reserve the right to correct this quote for errors and omissions.
Should you have any questions or if I may be of further assistance, please do not hesitate to contact me at ( 209) 466- 3691 or by e- mail ( czaro@collinselectric. com).
Sincerely,
Chris Zaro
Special Projects Manager
Collins Electrical Co., Inc.
Corporate office: 3412 Metro Or. Stockton, CA 95215 1 Phone: 1-833- 787- CECI (2324) I Fax: 209- 466- 3146
DUBLIN FRESNO MARINA MODESTO STOCKTON WEST SACRAMENTO EINEM ME' STATE LICENSE • 115427
131
CHANGE NOTICE
CCN #
Date:
Project Name:
Project Number:
Page Number:
19 10/ 8/ 2024
P723078 LATHROP PD E&P BLDG
P723078 LATHROP PD E&P BLDG
1 Itemized Breakdown
Description
1" T CONDULET W/ C&G
1 x 1/ 2 RED BUSHING
1" STEEL FLEX
1" INS STL FLEX CONN
1/ 2" LT FLEX
1/ 2" LT STRAIGHT CONN
12 THHN/HWN
12-0 NYL INSUL FORK RC10- 8
4x2- 1/8" SQ BOX COMB KO
8x 1/ 2" S -TAP SCREW F/ H
TAMPER SWITCH CONNECT
MONITOR ZAM
Totals
Qty Net Price U Total Mat. Labor U Total Hrs.
1 14. 49E 14. 49 1. 85E 1. 85
2 252. 01 C 5. 04 30. 00 C 0. 60
6 83. 98 C 5. 04 11. 20 C 0. 67
2 804. 99 C 16.0 25. 00 C 0. 50
12 93. 56 C 11. 23 6. 00 C 0. 72
4 424. 67 C 16. 99 22. 00 C 0. 88
500 146. 71 M 73. 36 9. 00 M 4. 50
11 105. 35 C 11. 59 18. 00 C 1. 98
1 119. 4C 1.9 40. 000 0. 40
2 4. 69 C 0.9 7. 50 C 0. 15
2 0.0E 0.0 1. 88E 3. 76
1 0.0 E 0.0 0. 94 E 0. 94
544 155.1 16. 95
Summary
General Materials
FIRE ALARM
Material Tax
Total Material
JOURNEYMAN
FOREMAN
PROJECT MANAGER
SAFETY @ 3.5%
CLEAN UP @ 4.0%
GUARANTEE @ 3.0%
PICKUP TRUCK ( per Hour)
Subtotal
Markup
@ 8. 250 %)
16. 95 Hrs @ $ 91. 63)
4. 24 Hrs @ $ 103.8)
2. 12 Hrs @ $ 103.8)
0. 59 Hrs @ $ 91. 63)
0. 76 Hrs @ $ 91. 63)
0. 51 Hrs @ $ 91. 63)
4. 24 @ 0.0 @ $ 37. 61 + 0.00 % + 0.00 % + 0.00 %)
@ 15. 000 %)
155.2
1,82. 00
110. 31
1, 447.3
1, 553. 1
437.8
218. 74
54. 06
69.4 46. 73
159. 47
3, 986. 68
598. 00
Subtotal 4, 584. 68
Final Amount $ 4, 584. 68
ORIGINAL
132
SIEMENS
PROPOSAL
44OP- 361846 PCO2
Addition of Monitoring Module for OS& YValves
PREPARED BY
Siemens Industry, Inc. ("Siemens")
PREPARED FOR
COLLINS ELECTRICAL COMPANY INC
DELIVERED ON
October 03, 2024
SMART BUILDINGS
Transforming the Everyday
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133
SIEMENS
Table of Contents
SIEMENS PROPOSAL 3
Contact Information 3
Conditions of Request 4
Scope of Work 5
Clarifications 5
Terms and Conditions 6
Terms & Conditions Link( s) 6
Signature Page 7
Signature Page 7
134
SIEMENS
Contact Information
Proposal #: 9228182
Date: October 03, 2024
Sales Executive:
Email Address:
James Mullen
james. mullen@siemens. com
Customer Contact: Chris Zaro
Customer: COLLINS ELECTRICAL COMPANY INC
Address: 3412 METRO DR
STOCKTON CA 95215-440
Services shall be provided at: LATHROP POLICE DEPARTMENT 2112 E LOUISE AVE LATHROP CA 95330-607
135
SIEMENS
Conditions of Request
We transmit herewith the above referenced price request for Change Order 1 to the contract between Siemens Industry, Inc. ("Siemens") and COLLINS ELECTRICAL COMPANY INC. This price request is based on information received from your company and is subject to the following conditions:
1. No change in contract price.
2. X Change of $ $ 1,82. 00 in contract price.
3. days of extension of contract. Retention shall be extended only on value of price request.
4. We are not proceeding until we received a change order.
5. Work is proceeding as authorized.
6. Please forward a cost event & change order to this office since the work has been completed.
This proposal covers the present ascertainable direct costs at this time. It does not include any extra costs associated with the impact of this Change Order on the project schedule, labor productivity or their factors affecting the cost of performance. Siemens reserves the right to amend this proposal if and when such impact costs become reasonably determinable. The Description of Changes is attached hereto and made apart hereof. The Agreement is incorporated by reference, modified only to the extent modified herein.
136
SIEMENS
Scope of Work
Exclusions and Clarifications
Clarifications
Review ALL content and edit as appropriate for your
customer.
1. Collins to provide and pull all cable required.
2. Siemens to assist with terminations and adjustments of OS& Yswitches as necessary.
137
SIEMENS
Terms & Conditions Link( s)
Terms & Conditions ( Restricted)
www. siemens. comistandard- terms- project- restricted) Price Escalation. If, during the term of this Contract, the price of various materials or labor or logistics are increased as reflected by CRU/ IHS Markit/ CMAIICOMEX market index, then Siemens may increase the Contract Sum or apply a surcharge to Customer accordingly.
As a result of the global Covid- 19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub -suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the correct and punctual supply from sub -suppliers or subcontractors, and Siemens reserves the right to make partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable effort to meet the delivery or service or completion date mentioned above, such date is subject to change.
To the extent applicable, the following Addendum( s) are incorporated and made part of the Siemens Standard Terms and Conditions:
Fire Life Safety
www. siemens. comifls- addendum)
Mass Notification
www. siemens. comimass- notification- addendum)
Monitoring
www. siemens. comlmonitoring- addendum)
Software License Warranty
www. siemens. comisoftware- license- addendum)
Consulting
www. siemens. comlrider- consulting)
Page6of7
138
SIEMENS
Signature Page
Proposed by: Accepted by:
Siemens Industry, Inc. COLLINS ELECTRICAL COMPANY INC
Company Company
James Mullen
Name Name ( Printed)
9228182
Proposal # Signature
1,82. 00
Proposal Amount Title
October 03, 2024
Date Date
Purchase Order # PO for billing/ pmnt only PO not required
139
PAGE LEFT
INTENTIONALLY
BLANK
140
ITEM 4. 9
CITY MANAGER' S REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ITEM:
RECOMMENDATION:
APPROVE TEMPORARY STREET CLOSURES FOR
THE LATHROP CHRISTMAS PARADE AND TREE
LIGHTING ON DECEMBER 7, 2024 FOR
THOMSEN ROAD, 3 STREET, AND 5TH STREET
Adopt Resolution to Approve Temporary Street
Closures for the Lathrop Christmas Parade and
Tree Lighting on December 7, 2024 for
Thomsen Road, 3 Street, and 5th Street
SUMMARY:
On December 7, 2024, the City of Lathrop will host the annual Christmas Parade and Tree Lighting. The parade will begin at 5: 00 p. m. on Thomsen Road heading east; turn north onto 5th Street; turn west onto 3 Street where it will conclude in the Grace Community Church parking lot at 850 3 Street. The Parks and Recreation Department will coordinate the route and the temporary street closures with Public Works, Lathrop Police Department, and the Lathrop Manteca Fire District to ensure safety at this event. Since the parade will utilize the entire street at these locations, staff requests Council approval of temporary street closures.
BACKGROUND:
On December 7, 2024, the Parks and Recreation Department will be hosting the annual Christmas Parade and Tree Lighting. This year' stheme is " Light up the Night".
The parade will begin at 5: 00 p. m. at the entrance of the Manteca Unified School District Annex parking lot located at 735 Thomsen Road, follow Thomsen Road; turn north onto 5th Street; turn west onto 3 Street; and conclude in the Grace Community Church parking lot located at 850 3 Street. The Judges Review Stand will be located along 5th Street in front of the Community Center. The staging of the parade entries will be in the parking lot Manteca Unified School District Annex located at 735 Thomsen Road. The Christmas Tree Lighting will begin at 6: 30 p. m. in the Parking Lathrop Community Center Parking lot and on 5th Street.
The Parks and Recreation Department will coordinate the temporary street closures with Public Works, Lathrop Police Department, and the Lathrop Manteca Fire District.
To accommodate the event, temporary street closures will be in effect from 4: 00 p. m. to 9: 00 p. m. There will be enough access for Lathrop Police Department and the Lathrop Manteca Fire District to enter in case of an emergency. Residents receive a door hanger to notify them about the temporary street closures by City staff.
Seventy- two hours prior to the parade, signs will be placed on the barricades along the parade route set on the side of the road to alert the community about " No 141
CITY MANAGER' SREPORT PAGE 2
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
CHRISTMAS PARADE AND TREE LIGHTING TEMPORARY STREET CLOSURE Parking" and " Street Closure". On the day of the parade, additional barricades will be set with advanced warning signs: " Road Closed Ahead" and " Detour Ahead".
Approximately one hour prior to the beginning of the parade, the actual " Road Closure" signs will be set in place. The Parks and Recreation Department and the Lathrop Police Department will be present at all intersections to assist with traffic flow. At the conclusion of the parade, barricades will be collected.
To ensure the safety of the parade spectators and participants, staff is requesting temporary closures of the following streets:
Thomsen Road - From 5th Street to Cambridge Drive
3 Street - From Milestone Drive and 5th Street
5th Street - From J Street to Thomsen Road
This temporary closure will take place on Saturday, December 7, 2024, from approximately 4: 00 p. m. to 9: 00 p. m. for the purpose of presenting the annual Christmas Parade and Tree Lighting.
REASON FOR RECOMMENDATION:
The adoption of this resolution will approve the temporary street closures to allow staff to facilitate the 2024 Christmas Parade and Tree Lighting.
FISCAL IMPACT:
Expenses have been accounted for in the 24-5 fiscal year budget.
ATTACHMENTS:
A. Adopt Resolution to Approve Temporary Street Closures for the Lathrop Christmas Parade on December 7, 2024, for Thomsen Road, 3 Street, and 5th Street
B. Parade Route Map
142
CITY MANAGER' SREPORT PAGE 3
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
CHRISTMAS PARADE AND TREE LIGHTING TEMPORARY STREET CLOSURE APPROVALS:
Todd S=• astian
Director of Parks and Recreation
Cari James
Director of Fi a ce
Brad T) ylor
City Engineer
Stephen Sealy
Chief of Police
Date
E7/ 4.?// cgrk// 74
Date
1ob. 47. 0 -L- f
Date
lo/ r4a0a24
Date
Salvador Navarrete Date
City Attorney
to. tl • 2 ezy
Michael King Date
Assistant City Manager
Stephen J. Salvatore Date
City Manager
143
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE TEMPORARY STREET CLOSURES FOR THE LATHROP CHRISTMAS PARADE ON DECEMBER 7, 2024 FOR THOMSEN ROAD, 7 STREET, AND 5TH STREET
WHEREAS, on November 18, 2024 City Staff requested City Council approval for temporary street closures for the Christmas Parade on December 7, 2024; and WHEREAS, the streets recommended for temporary closures for the Christmas parade route are:
Thomsen Road - From 5th Street to Cambridge Drive
7 Street - From Milestone Drive and 5th Street
5th Street - From J Street to Thomsen Road
WHEREAS, these street closures will be in affect from approximately 4: 00 p. m. to 9: 00 p. m. on Saturday, December 7, 2024 for purpose of presenting the annual Christmas Parade and Tree Lighting; and
WHEREAS, the City of Lathrop Parks and Recreation Department shall set barricades on the side of the road to alert the community about areas of closure seventy- two hours in advance of the parade; and
WHEREAS, advanced temporary signage will be placed on the streets identifying the temporary closures from approximately 4: 00 p. m. to 9: 00 p. m. on December 7, 2024; and
WHEREAS, the Lathrop Police Department shall help at intersections for traffic flow during the temporary street closures and the Lathrop Manteca Fire District will be informed of the parade route; and
NOW, THEREFORE, BE IT RESOLVED that pursuant to California Vehicle Code Section 21101, subdivision ( e), the City Council of the City of Lathrop does hereby approve temporary closure of:
Thomsen Road - From 5th Street to Cambridge Drive
7 Street - From Milestone Drive and 5th Street
5th Street - From 3 Street to Thomsen Road
This temporary closures will take place on Saturday, December 7, 2024 from approximately 4: 00 p. m. to 9: 00 p. m. for the purpose of presenting the annual Christmas Parade and Tree Lighting.
144
PASSED AND ADOPTED this 18th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM: ATTEST:
Salvador Navarrete, City Attorney Teresa Vargas, City Clerk
145
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146
CITY MANAGER' SREPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ITEM:
RECOMMENDATION:
ITEM 4. 10
APPROVE OUT-F- STATE TRAVEL
AUTHORIZING THE PARKS AND RECREATION
DIRECTOR AND MANAGER TO ATTEND THE REC
C. A. M. P. (COMMUNITY ARCHITECTURE
MANAGEMENT AND PLANNING) CONFERENCE
IN DALLAS, TEXAS
Adopt Resolution to Authorize Out -of -State
Travel for the Parks and Recreation Director
and Manager to Attend the REC C. A. M. P.
Community Architecture Management and
Planning) Conference, April 7-10, 2025, in
Dallas, Texas
SUMMARY:
The Parks and Recreation Director and Manager are budgeted to attend the REC C. A. M. P. (Community, Architecture, Management and Planning) Conference, April 7- 10, 2025, in Dallas, Texas ( Conference). The Conference includes tours of six different recreation centers of various sizes and operations, workshops, and will provide staff with the current best practices and intricacies of planning, designing, building and operating Community Recreation Centers. Staff is requesting Council approval of the attached resolution authorizing out-f- sate travel.
BACKGROUND:
The REC C. A. M. P. Conference is an interactive and insightful conference that provides recreation center tours, workshops, and events designed around Community, Architecture, Management, and Planning. These services are of value to our Parks and Recreation Director and Manager, who are responsible for the oversight and vision of a Community Center in Lathrop. Attendance at the 2025 conference will not only provide staff with current best practices and the latest in Community Center facility trends, but it will also provide staff the opportunity to foster partnerships with fellow nationwide Parks and Recreation professionals and vendors. This conference will assist the Department with a greater understanding of a Community Center design.
RECOMMENDATION
Adopt a Resolution to Authorize Out -of -State Travel for the Parks and Recreation Director and Manager to Attend the REC C. A. M. P. (Community Architecture Management and Planning) Conference April 7- 10, 2025, in Dallas, Texas. 147
CITY MANAGER' SREPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
APPROVE OUT-F- STATE TRAVEL
FISCAL IMPACT:
The total cost for both City employees to attend the REC C. A. M. P. conference is estimated to be approximately $ 4, 900. All expenses relating to this conference are within the Parks and Recreation Department' s FY 2024-025 budget as approved by City Council.
ATTACHMENTS:
A. Resolution to Authorize Out -of -State Travel to send the Parks and Recreation Director and Manager to the REC C. A. M. P. (Community Architecture Management and Planning) conference in Dallas, Texas
B. Registration Form for REC C. A. M. P. (Community Architecture Management and Planning) Conference April 7-10, 2025, in Dallas, Texas
148
CITY MANAGER' S REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
APPROVE OUT-F- STATE TRAVEL
APPROVALS:
X0. 7$•
Todd S basti Date
Director of Parks and Recreation
t u / Icy / lo ty
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete Date
City Attorney
11 • 4-1..*
Stephen 3 Salvatore Date
City Manager
149
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
AUTHORIZE OUT-F- STATE TRAVEL FOR THE PARKS AND RECREATION DIRECTOR AND MANAGER TO ATTEND THE REC C. A. M. P. (COMMUNITY ARCHITECTURE MANAGEMENT AND PLANNING) CONFERENCE APRIL 7-10, 2025, IN DALLAS, TEXAS
WHEREAS, the REC C. A. M. P Conference is an interactive and insightful conference that provides recreation center tours, workshops and events designed around Community, Architecture, Management and Planning; and WHEREAS, these services are of value to our Parks and Recreation Director and Manager, who are responsible for the oversight and vision of a potential Community Center in Lathrop; and
WHEREAS, attendance at the 2025 conference will not only provide staff with current best practices and the latest in Community Center facility trends, it will also foster partnerships with fellow nationwide Parks and Recreation professionals and vendors; and
WHEREAS, this conference will assist the Department with a greater understanding of a Community Center design; and
WHEREAS, the Conference includes tours of six different recreation centers of various sizes and operations, workshops and the intricacies of planning, designing, building and operating Community Recreation Centers; and WHEREAS, funding identified for the conference has been considered and approved within the FY 2024-025 budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does herby Authorize of Out -of -State Travel for the Parks and Recreation Director and Manager to Attend the REC C. A. M. P (Community Architecture Management and Planning) Conference April 7- 10, 2025, in Dallas, Texas. 150
The foregoing resolution was passed and adopted this 18th day of November 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 151
ATTACHMENT
3 Rec CAMP 2025: April 8- 10 in Dallas, TX
COMMUNITY 1 ARCHITECTURE 1 MANAGEMENT 1 PLANNING
If you have any issues registering, questions about Rec CAMP, or need to cancel or modify your registration, please email us at registration@rec- camp.om.
Registration is $ 675/ camper, and with a $ 100 early bird registration discount in effect until January 31, 2025. Registration includes two lunches, one dinner, and a water bottle. ( Hotel room not included) Rec CAMP space is limited, so register today! You will be placed on a waiting list if we exceed our limit. We recommend no more than 3 people per agency per year.
More info: www. rec- camp.om
Select your registration to begin.
Registration Type*
Registrant First Name*
Registrant Last Name*
Job Title*
Organization *
Website
Work Email*
Office Number*
Early Bird ($ 675. 00)
Available until January 31, 2025
Email Address
152
Mobile Number*
Address* United States of America
Street Address
City State ZIP Code
Personal Linkedln Address
Date of Birth Month
Pronouns:* ( Choose One)
How did you hear about Rec CAMP?* Past camper/ attendee Social Media
Email Campaign
Website
Conference
Special considerations ( diet or
physical needs):
All of these topics will be featured.
What is of most interest to you?
Select all that apply) *
Programming
Aquatics
Fitness
Gymnasiums
Field Houses
Operations
Day Year
153
Management
Planning & Design
Other ( please specify below)
Terms and Conditions:*
I understand and agree that Barker, Rinker Seacat Architecture, Inc., ("BRS") is a sponsor and organizer of "Rec CAMP" for which this Application is intended, but hereby acknowledge that BRS does not own, maintain or control the facilities,
transportation and/ or accommodations which I, "the applicant," will use or attend during Rec CAMP. Applicant further
acknowledges and agrees that Applicant' sparticipation in Rec CAMP will be as the result of a voluntary request made by the Applicant, and that BRS is not responsible or liable for Applicant' ssafety and well- being while participating in Rec CAMP. Therefore, as a condition of BRS' consideration of this Application, and of Applicant' sparticipation in Rec CAMP, the Applicant hereby agrees to release, acquit, and discharge BRS, and its officers, employees, representatives and agents, of and from any and all liability, claims, demands, actions, judgments, arising from or relating to damages, sickness or injury to Applicant, third persons ( including death), or Applicant' s property ( including loss of use or theft thereof) which may occur during or in connection with Rec CAMP.
Total
Code
675. 00
ADD ANOTHER REGISTRANT
154
Billing Information
Name on Card*
Payment Method
Credit Card*
Address*
Billing Email*
CANCELLATIONS AND REFUNDS
First Last
Credit Card
PO
Card Number
Month Year CVV
United States of America
Street Address
City State ZIP Code
Email Address
Cancellations occurring on or before January 31, 2025 will be refunded, less an $ 85 administrative fee.
Cancellations occurring between January 31, 2025, and March 18, 2025 will be refunded 50%. ( If the vacant position can be filled from the waitlist, then there will be a full refund, less the $ 85 administrative fee.)
155
Cancellations occurring on or after March 18, 2025 will not be refunded. (/f the vacant position can be filled from the waitlist, then there will be a full refund, less the $85 administrative fee.) All cancellation requests must be emailed to registration@rec- camp.om.
Questions about the cancellation policy may also be emailed to registration@rec- camp.om.
This page is secured with 256 bit encryption
PHOTO/ VIDEO DISCLAIMER
Rec CAMP reserves the right to take and use photographs/ video at any event sponsored by Rec CAMP or BRS or any activities at Rec CAMP without expressed written permission of those included within the photographs/ video. Rec CAMP may use the photography/ video in publications or other media material produced for educational, promotional, marketing, or other purposes, including but not limited to:
brochures, invitations, emails, social media, YouTube, websites, etc. A person attending Rec CAMP who does not wish to have their image or audio recorded for distribution should make their wishes known to the photographer, and/ orthe event organizers, and/ or contact Rec CAMP at registration@rec- camp.om. in writing of his/er wishes and include a photograph for reference within a reasonable amount of time prior to the event. Rec CAMP will use the photograph for identification purposes only and will hold it in confidence.
By participating in Rec CAMP or by failing to notify organizers in writing your desire to not have your image used by Rec CAMP, you are agreeing to release, defend, hold harmless, and indemnify Rec CAMP or it' s affiliates from any and all claims involving the use of your photograph or likeness.
Oj RegFox
Event Registration Software by RegFox
156
Re t iy r do Schedule Locatk FAQs Cori
2025 Rec CA P Schedule
8: 00 am - Conference check -in opens
9: 00 am - Education Session 1: Operations
11: 00 a - T< . r The REC of Grapevine
157
Lunch & Education Session 2: Public./ Prvate Fitness
Regktration Schodulo Locat o a FAQs Contact
2: 30 pm - Tour The Beacon
4: 00 pm - Tour The Epic
5: 30pm - Tour Epic Waters
6: 30 pm - Networking Dinner at Chicken N Pickle
Day 2: Wednesday. pril 9
8: 30 am - TBD
158
ATour .ewisville TP' rive
R gistry tk n Schedule Location FA , ntnct
unch & Education session 3: Staff Retention
2: 30 prr Tour Stepher C. Terrell Recreation Center
5: 00 pm - R . rn to hotel
8: 00 ar Education Session 4: Community Plann ng Workshop 30 am - Cos n
ceremony
12: 00 pm - Conference ends
159
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INTENTIONALLY
BLANK
160
CITY MANAGER' S REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ITEM:
ITEM 4. 11
APPROVE OUT-F- STATE TRAVEL FOR THE PARKS
AND RECREATION DIRECTOR TO ATTEND THE
GOVERNMENT FLEET EXPO AND CONFERENCE IN
CHARLOTTE, NORTH CAROLINA
RECOMMENDATION: Adopt Resolution to Authorize Out -of -State Travel for the Parks and Recreation Director to Attend the
2025 Government Fleet Expo and Conference, June
23-7, 2025, in Charlotte, North Carolina
SUMMARY:
The Parks and Recreation Director is requesting to attend the Government Fleet Expo and Conference June 23-7, 2025, in Charlotte, North Carolina. This conference is the largest annual conference for public fleets in the nation and provides a robust conference program featuring thought -provoking sessions, including tracks dedicated to police fleets, best in practice trends, a large and immersive exhibit hall, and serves as a true hub for public fleet professionals from across the Country. Staff is requesting Council approval of the attached resolution to authorize out-f- sate travel for the Parks and Recreation Director to attend the 2025 Government Fleet Expo and Conference, June 23-7, 2025, in Charlotte, North Carolina.
BACKGROUND:
This conference provides training and services to our Parks and Recreation Director, who is responsible for fleet acquisition, maintenance, and operation throughout the City. Attendance at the 2025 conference will not only provide staff with current best practices, but it will also foster partnerships with fellow nationwide fleet professionals and vendors. This conference will assist the Department in the continued development and implementation of best practices to better manage the City' s fleet.
RECOMMENDATION
Adopt a resolution to authorize out-f- state travel for the Parks and Recreation Director to attend the Government Fleet Expo and Conference June 23-7, 2025, in Charlotte, North Carolina.
FISCAL IMPACT:
The total cost to attend the Government Fleet Expo Conference is estimated to be approximately $ 3, 400. All expenses relating to this conference are within the Parks and Recreation Department' sFY 2024-025 budget as approved by City Council. 161
CITY MANAGER' S REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
OUT-F- STATE TRAVEL FOR THE GOVERNMENT FLEET EXPO AND
CONFERENCE IN CHARLOTTE, NORTH CAROLINA
ATTACHMENTS:
A. Resolution to Authorize Out -of -State Travel to send the Parks and Recreation Director to the Government Fleet Expo and Conference in Charlotte, North Carolina.
B. 2024 Government Fleet Expo and Conference Schedule and Registration Form
162
CITY MANAGER' S REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
OUT-F- STATE TRAVEL FOR THE GOVERNMENT FLEET EXPO AND
CONFERENCE IN CHARLOTTE, NORTH CAROLINA
APPROVALS:
lb• 2.
Todd . ebast' f ) Date
Director of Parks, Recreation and
Fleet Services
O / / loZY
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete Date
City Attorney
11. 4. 24.
Stephen 3 Salvatore Date
City Manager
163
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
AUTHORIZE OUT-F- STATE TRAVEL FOR THE PARKS AND RECREATION
DIRECTOR TO ATTEND THE GOVERNMENT FLEET EXPO AND CONFERENCE JUNE 23-7, 2025, IN CHARLOTTE, NORTH CAROLINA
WHEREAS, the Government Fleet Expo and Conference ( Conference) is the largest annual conference for public fleets in the nation and provides best in practice trends in municipal fleet services; and
WHEREAS, these services are of value to our Parks and Recreation Director, who is responsible for the oversight and operation of the City' sfleet division; and WHEREAS, attendance at the 2025 Conference will not only provide staff with current best practices and the latest in fleet operations trends, it will also foster partnerships with fellow nationwide fleet professionals and vendors; and WHEREAS, the Conference will assist the Department with a greater understanding of fleet acquisitions, maintenance, and operational trends; and WHEREAS, the Conference includes a robust conference program featuring thought -provoking sessions, including tracks dedicated to police fleets, and a large and immersive vendor exhibit hall; and
WHEREAS, funding identified for the Conference has been considered and approved within the FY 2024-025 budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does herby Authorize of Out -of -State Travel for the Parks and Recreation Director to Attend the Government Fleet Expo and Conference June 23-7, 2025, in Charlotte, North Carolina.
164
The foregoing resolution was passed and adopted this 18th day of November 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FOR
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 165
ATTACHMENT
ASSET SOLUTIONS
Registration includes access to all Government Fleet Expo, Police Fleet Conference, and Public Transit Conference sessions. the exhibit hall, scheduled meals and networking events.
Please note, to qualify for a Full Conference Fleet Pass, you must be directly employed by a public agency. Suppliers including, but not limited to, fleet management companies, vehicle manufacturers, equipment & parts suppliers, GPS & telematics companies, software & technology providers, and fueling systems manufacturers must purchase a Supplier Pass. Registrations will be audited for compliance. All registrations are pending approval and will be audited or cancelled for compliance. 2024 Rates & Pass Types
Regular Rate
Full Conference Fleet Pass
This pass is for Public, Police, and Transit Fleet Employees only. .;; ie r '. .
Fleets Exhibit Only Pass
For public fleets only, Registrations will be audited for compliance and non -fleet registrations wil be cancelled t - Full Conference Supplier Pass
Spouse Pass
895
75 1, 995
250
166
2024 GFX Schedule
Thank you for attending the 2024 Government Fleet Expo & Conference ( GFX).
The following presentations are now available to download! Please note that some panel sessions did not submit PowerPoint presentations.
Furthermore, in compliance with speaker permissions, we' ve shared the presentations for which we have authorization. We appreciate your understanding.
Check out the 2024 GFX PowerPoint Presentations
Here' sthe 2024 comprehensive event schedule including registration, meals, networking, and conference sessions.
Event Schedule
Tuesday, May 7, 2024
May 07 Registration Open
8: 00 AM - 6: 30 PM ( ET)
more info
North Upper Concourse
SpOnSOreC
May 07 First Timer' s Orientation
9: 00 AM - 9: 30 AM (ET)
ASSET SOLUTIONS
This session will give you an opportunity to learn more about the Ballroom C, D, E event itself and how to make the most of your experience. Plus have one-n-e time with other first- time attendees and get answers to your GFX- related questions. more info
Jeff Carter
Bobit
May 07 GFX 2024 Block Party & Experience
10: 00 AM - 12: 30 PM ( ET)
X
Got any questions? I'm happy to
help.
167
This event within an event will be an entertaining mix of ride and drives, hands- on training, experiential learning, and a technology
showcase. more info
motive
May 07 OEM Showcase
1: 00 PM - 3: 15 PM ( ET)
Hear from various auto manufacturers on current news and Ballroom C, D, E changes. Plus, hear from OEM reps on what the future looks like regarding vehicles. more info
Phil Bockhorn
Stellantis
Jessi Gross
GM Envolve
Ross
Friedmann
Nissan North
America
May 07 Networking Coffee Break
3: 15 PM - 3: 45 PM ( ET)
more info
Market Street Pre -function
v
Nate Oscarson
Ford Pro
Jim Connelly
Bollinger
Motors
Marianne
McInerney
Mullen
Automotive
GovDeals
May 07 Industry Keynote Address: Servant Leadership Works! 4: 00 PM - 4: 30 PM ( ET)
Explore the traits, style, and strategies of servant leadership.
Ballroom C, D, E more info
168
Kelly Reagan
City of
Columbus, OH
May 07 The Honors Celebration
4: 30 PM - 5: 30 PM ( ET) N./
t
verizonv
connect
Government Fleet Magazine will recognize the 50 Leading Fleets, Ballroom C, D, E announcing rankings for the top 20, and the top fleets in three size categories; and new this year the Police Fleet Innovators Award! more info
Nichole Osinski
Bobit
May 07 Honors Celebration Photo Shoot
5: 30 PM - 5: 45 PM ( ET)
more info
Ballroom C, D, E
Christy Grimes
Bobit
May 07 Opening Reception
5: 30 PM - 7: 00 PM ( ET)
more info
Market Street Pre -function
samsara
May 07 Explore Louisville
7: 00 PM - 8: 30 PM ( ET)
This evening is set aside for you to explore Louisville on your own.
Exhibitors and sponsors may use this time to invite existing and potential customers for dinner meetings. more info
169
Wednesday, May 8, 2024
May 08 Registration Open
7: 30 AM - 5: 15 PM ( ET)
more info
North Upper Concourse
May 08 Breakfast
7: 30 AM - 8: 30 AM ( ET)
Market Street Pre -function
ASSET SOLUTIONS
Noo
A hot breakfast will be served before the Keynote. more info May 08 Opening Keynote Address: Take Command & Win
8: 30 AM - 9: 30 AM (ET) N/
In this presentation, Harris shares with audiences how- through Ballroom C, D, E hard work fired by courage and persistence- she became the highest ranking African - American female in the U. S. Navy. more info
Captain Gail
Harris
US Navy
Retired)
verizon
connect
May 08 ZEV Infrastructure for a Centralized Fleet - Case Study for 9: 45 AM - 10: 45 AM ( ET) Fairfield, CA
L016
170
Hear from a city fleet manager who has been entrenched in electrifying their light, medium, and heavy- duty fleets since 2008. more info
Dave
Renschler,
CPFP
City of
Fairfield, CA
May 08 Top 10 Performance Measures for 21st Century Fleet Managers 9: 45 AM - 10: 45 AM ( ET) N.,
This session will look at developing Charge Back Rates, Ballroom C, D, E Conducting Preventative Maintenance For ICE, EVs and Hybrids as well as Tracking Fleet Availability and Downtime, Measuring Technician Time, Determining Cost Per Mile/ter, Setting Repair Hours and Cost, Monitoring Scheduled Repair Rates, Tracking Annual Parts Inventory Turns, Assessing the Parts Demand Fill Rate, Achieving Customer Satisfaction, and What' s Next. more info Sam Lamerato, Kevin
CPFP Schlangen,
City of Troy, MI CAFM, CPFP,
CEM
Dakota County, MN
Danny
Brashear, CEM
AssetWorks
May 08 Rolling Safely: All About Police Tires
9: 45 AM - 10: 45 AM ( ET) N./
Jeffrey Tews,
CPFP
City of
Milwaukee, WI
A conversation on what makes pursuit -rated tires different from
1. 013 traditional tires, why they' rimportant, how to educate officers on maintaining them, and more. more info
171
Joe Scalfaro
The Goodyear
Tire & Rubber
Company
Billy Sterner,
CAFM, CEM
Town of Flower
Mound, TX
s
Sgt. Tom
Gorman
Connecticut
State Police
Farell Scott
BFGoodrich
John Murphy
Bridgestone
Americas
sponsored i' POLOliVzTeT
May 08 Learning from Transit Leaders: Executives Committed to 9: 45 AM - 10: 45 AM ( ET) Modernizing Value in the Industry L011 - L012 Join us as top leaders from the industry discuss how they are building today' stransit with an eye on tomorrow, all the latest trends, and much more. more info
Kirt Conrad
SARTA
Luke Allison
TransPro
Consulting
May 08 Exhibit Hall Ribbon Cutting Ceremony
10: 50 AM - 11: 00 AM ( ET)
more info
Hall E
v
Rob Stephens
TARC
C
PUBLIC
TRANSIT
May 08 Exhibit Hall Open
11: 00 AM - 3: 00 PM ( ET)
more info
Hall E
172
May 08 Meet the Editors
11:5 AM - 11: 45 AM (ET) N./
Want to know more about the people behind the publications? This Hall E Booth # 300 is your time to talk with the editors of our brands Government Fleet, METRO, and the editor of the Police Fleet e -newsletter in a casual setting. more info
Nichole Osinski
Bobit
Alex Roman
Bobit
Christy Grimes
Bobit
May 08 Shop Talk: Fleet Rightsizing: Leveraging Asset Availability and 11:5 AM - 11: 45 AM ( ET) Utilization Data
N/
Hall E Leveraging your telematics, fuel, and maintenance data, to provide a recommended fleet size based on your field usage, utilization downtime/ availability), and financials. more info
Chris Shaffer
Utilimarc iii,
May 08 Lunch in the Exhibit Hall
11: 45 AM - 12: 45 PM ( ET)
Hall E
N./
Enjoy a buffet lunch in the exhibit hall. more info
173
May 08 Shop Talk: Gladiator Training Traits to Build a Legendary Team 12: 45 PM - 1:5 PM ( ET)
In this session, attendees will explore strategies and techniques to Hall E foster inclusive leadership, with a focus on cultivating and empowering team participation Gladiator style. more info Cedric „ Timothy
Roberts, CAFM Fitzgerald
City of District of
Birmingham Columbia
Water and Sewer Authority
Bill Pugh
Smart
Connections
Consulting LLC
May 08 From the Show Floor ( Hosted Presentations)
1:5 PM - 2: 45 PM ( ET)
Join us for From the Show Floor sessions - topics will be EXPO Hall E Presented by AMCS Group, Sourcewell, and AnSR ( Advanced Subrogation Resources)! more info
May 08 Justifying Cooperative Purchasing Selections
3: 05 PM - 4: 05 PM ( ET)
Learn how to create a
justification process that eliminates all the
Ballroom C, D, E questions from internal approvers. more info Craig Croner
City of
Glendale, AZ
May 08 ZEV Infrastructure for a Decentralized Fleet - Case Study for 3: 05 PM - 4: 05 PM ( ET) Santa Clara County, CA
174
CA
Hear from a county fleet manager who has been entrenched in L016 electrifying their light, medium, and heavy- duty fleets since 2008. more info
David
Worthington
County of
Santa Clara,
May 08 Maximize Your Technician Training Budget
3: 05 PM - 4: 05 PM ( ET)
Come to this seminar and learn how to make certain your L017 - L018 technicians are properly prepared for any upcoming training they will be receiving while at the same time ensuring that they are attending the correct training. more info
Services
Mike Cleary
Automotive
Technical
Support
May 08 The Most Important Thing in Fleet Management. It' s not Safety! 3: 05 PM - 4: 05 PM ( ET)
Transportation will be broken into fundamental building blocks and L015 how mental health plays in each role. more info
Oscar Tovar
Health and
Human
Services Older
Adult Service Program
May 08 The Police Pursuit Vehicle - Is it Still Necessary? 3: 05 PM - 4: 05 PM ( ET) v
175
To buy pursuit - rated or not to buy pursuit -rated? A look at what L013 makes a vehicle pursuit - rated, and discuss common concerns your stakeholders and fellow officers may have. more info
Denver
Sgt. Jason Lt. Michael
Brake, MBA McCarthy, Ret.
City and Michigan State
County of Police,
Precision Driving Unit
Lindsey . Ryan Austin
Bertino Stellantis
Ford Pro
Jennifer Cindy Towe
Brown, MSL GM Envolve
City of
Flagstaff, AZ
s,,...... a.. P12, 115 COkGE( ICMCEnTIT
by
May 08 Made in America: Next Generation Shuttles and the Future of 3: 05 PM - 4: 05 PM ( ET) Shared Use Autonomy
L011 - L012 No longer at the pilot phase, autonomous shuttles are becoming a viable solution for public transit systems around the nation. So, how did we get here? more info
Scott Belcher
ACES Mobility
Coalition
Doug Jamison
Central Florida
Regional
Transportation
Authority
May 08 Networking Coffee Break
4: 05 PM - 4: 20 PM ( ET) N./
Allante
Whitmore
ReMo
Marc Klein
Beep
onsc.. T ,, c
PUBLIC
If TRANSIT
176
Services
more info
Market Street Pre -function
GEOTAB,
May 08 In Defense of Diesel: How Clean Diesels Can Bridge the Gap to 4: 25 PM - 5: 15 PM ( ET) Electrification
v
L016 This presentation is a comparisons of Tier 0/ 1 and Tier 4 Final diesel engine emissions and the environmental impact of both. more info
Brian White
City of
Milwaukee -
DPW Fleet
Thomas
Zembruski
Waukesha
County
May 08 Recruitment and Retention, Building a Winning Culture 4: 25 PM - 5: 15 PM ( ET)
Discovering, hiring, and keeping a great Fleet team takes more L017 - L018 than just dollars. more info
Lauren
Doucette
San
Bernardino
County - Fleet Management Works
Kelly Reagan
City of
Columbus, OH
Dean
Tedtaotao
Los Angeles
County Public
May 08 Emergency Response Innovation: How The Latest in Fleet 4: 25 PM - 5: 15 PM ( ET) Connectivity Tech Ensures Increased Safety, Efficiency, and 177
Affordability
L013
Efficient management of emergency fleet operations can not only help agencies save money and time, but it can also help save lives. more info
Chris Watkins ,
A. Tim Coxwell
Whelen Leon County
Engineering Sheriff' s Office
Yx^.:#,.- J Cq Nf ERENCE
May 08 How to Make Sure That You Are Protected Against and Prepared 4: 25 PM - 5: 15 PM ( ET) to Respond to Cybersecurity Attack L011 - L012 This session will focus on best practices for ensuring that your agency is both protected and can respond to potential cyber attacks. more info
Scott Belcher
ACES Mobility
Coalition
Jeff Nelson
MetroLINK
r
Todd Chollet
Sunstar
Insurance
Group
Alex Roman
Bobit
PUBLIC
j
TRANSIT
May 08 Fleet Manager Goals: A New Vision Towards Personal Growth 4: 25 PM - 5: 15 PM ( ET)
It is important for leaders to make the personal development shift L015 from a short- term goal orientation to a
long- term growth
orientation more info
178
May 08 Dinner On Own
5: 15 PM - 8: 00 PM ( ET)
more info
Cedric Dr. Erica
Roberts, CAFM Wattley
City of Cybersecurity
Birmingham Consulting
Operations Hush Cyber
Security
Jen Pearson, Bill Pugh
CAFM ''. Smart
HopDrive Connections
Consulting LLC
v
ored
y
May 08 Networking Night on the Town - Louisville Slugger Museum 8: 00 PM - 9: 30 PM ( ET)
Join us after dinner at the Louisville Slugger Museum - Where Wood Meets Wonder - for tasty desserts and a night cap
beverage! more info
sponsored • samsara
Thursday, May 9, 2024
May 09 Registration Open
7: 30 AM - 4: 00 PM ( ET)
more info
North Upper Concourse
0Y ASSET SOLUTIONS
179
May 09 Breakfast
7: 30 AM - 8: 30 AM ( ET)
A breakfast buffet will be served. more info
Market Street Pre -Function
Foyer
May 09 Big Solutions Roundtable
8: 30 AM - 10: 00 AM ( ET)
In this hands- onsession, attendees will brainstorm on various Ballroom C, D, E topics and work together to find solutions to industry challenges. more info
Nichole Osinski
Bobit
Sam Lamerato,
CPFP
City of Troy, MI
May 09 Alternative Fuels
8: 30 AM - 9: 30 AM ( ET) V'
Jeffrey Tews,
CPFP
City of
Milwaukee, WI
This session will feature end users discussing their experiences L011 - L012 with hydrogen, propane, and more. more info Alex Roman
Bobit
Kevin Coggin
Coast Transit
Authority
May 09 Networking Coffee Break
10: 00 AM - 10: 20 AM (ET) v
Kirt Conrad
SARTA
180
more info
Lower Concourse
May 0910 Essential Management Skillsets Required for Success in the 10: 30 AM - 11: 25 AM ( ET) Digital Age
N,
Ballroom C, D, E Fleet management is undergoing a radical sea change in the proficiencies needed to succeed. more info
Bob Stanton
Stanton Fleet
Consultants
May 09 Procurement - Adapting Your Entity to the Post- Covid Fleet 10: 30 AM - 11: 25 AM ( ET) Supply Chain
L016 more info
V
Ross Jackson,
CAFM
City of
Fayetteville
Arkansas - Fleet Operations
May 09 How to Manage Aging Government Fleets with Limited Budgets 10: 30 AM - 11: 25 AM (ET)
In this session, attendees will learn best practices to build a data - L017 -L018 driven proactive maintenance plan and how real- time sensor data can provide actionable insights to extend the life of assets. more info
181
Logan Kiernan
Samsara
Dan Simpson
Fleetio
Tom Rowlings
City of
Cambridge,
MA.
May 09 Sound Solutions: Highlighting Siren Tech
10: 30 AM - 11: 25 AM ( ET)
A deep dive into the dynamic world of siren technology. more info L013
Preston
Tischer
Whelen
Engineering
Paul Gergets
Federal Signal
Doug Baker
SoundOff
Signal
Jennifer
Brown, MSL
City of
Flagstaff, AZ
i7 ft'i ijLJ co wr eee Nce
May 09 Best Practices for Recruiting and Retaining Transit Employees 10: 30 AM - 11: 25 AM ( ET)
This session will focus on how to recruit employees that fit your L011 -L012 culture, as well as how to hold on to the people who are already part of your organization. more info
Mark Szyperski
On Your Mark
Transportation
Daniel Resch
UZURV
Holdings LLC
WC PUBLIC
182
May 09 Exhibit Hall Open
11: 30 AM - 3: 00 PM ( ET)
more info
Hall E
May 09 Meet the Editors
11: 45 AM - 12:5 PM ( ET)
Want to know more about the people behind the publications? This Hall E Booth #300 is your time to talk with the editors of our brands Government Fleet, METRO, and the editor of the Police Fleet e -newsletter in a casual setting. more info
Nichole Osinski
Bobit
Alex Roman
Bobit
Christy Grimes
Bobit
May 09 Shop Talk: Incentivizing Employee Performance
11: 45 AM - 12:5 PM ( ET)
This session will cover more about employee incentives and Hall E explore types of incentives to consider offering at your company. more info
Timothy Cedric
Fitzgerald Roberts, CAFM
District of City of
Columbia Birmingham
Water and Sewer Authority
Aaron Kendrick
ili, Cobb County
Fleet Management
183
Jen Pearson,
CAFM
HopDrive
May 09 Lunch in the Exhibit Hall
12:5 PM - 1:5 PM ( ET)
Hall E
Enjoy a buffet lunch in the exhibit hall. more info
May 09 PFC Shop Talk: Protecting Your Officers with Ballistic 1:5 PM - 1: 45 PM ( ET) Technology
N,/
Hall E In today' s environment, law enforcement officers need more protection than ever before. more info
Robert
Martinez
New York
Police
Department
May 09 From the Show Floor ( Hosted Presentations)
1: 45 PM - 3: 00 PM (ET)
PQUCE' OFLEET
Sa.. w..r GO NFEF[CE
While in the exhibit hall, drop in on one of our micro -training Hall E
sessions - including a From the Show Floor sessions - topics will be presented by Kempower, Sourcewell and PERC! more info
May 09 Exhibit Hall Passport Drawings
3: 00 PM - 3: 15 PM ( ET)
more info
Hall E
184
May 09 Upgrading and Expanding Your Fleet Garage for the Future 3: 15 PM - 4: 15 PM ( ET) N./
Learn design standards and approaches for upgrading and L016 expanding your Fleet and adapt to future industry trends. more info
Norman
Barrientos
Barrientos
Design &
Consulting, Inc.
May 09 Equipment Replacement Optimization from Extensive Idling and 3: 15 PM - 4: 15 PM ( ET) Downstream Cost
L017 -L018 During this presentation Fleet Managers and Analyst will learn the true downstream cost of Idling, due to 1900 century beliefs. more info
Rick Longobart
LongobartRoss
Consulting, Inc.
City of Raleigh, NC
May 09 Upfitting Police Vehicles When You Don' tHold All The Cards 3: 15 PM - 4: 15 PM ( ET)
Decision makers will highlight how they use data, paired with
1. 013 collaboration between both internal and external partners, to make improvements within their own fleet, keeping officer safety at the forefront. more info
Jessica
Rhoades
Fairfax County
Akbar Rahyab
Fairfax County
Police
Department
185
Police Department
May 09 How Leadership Can Change Lives
3: 15 PM - 4: 15 PM ( ET)
t.Y:: iL, 4L CONf EYEHCY
Join us to take a look at how to become an effective leader and L011 - L012 how that leadership can change the lives of your team members. more info
Transit
Donna
Zampella
Oxford
University
Mark Szyperski
On Your Mark
Transportation
Tonya Rhea
Murphree
Oxford Transit
Mgmt
Alex Roman
Bobit
I
PUBLIC i
TRANSIT
May 09 Fleet Advocacy Update - Priorities and Responses 3: 15 PM - 4: 15 PM ( ET)
An advocacy presentation focused on critical Federal and state L015 policy issues facing fleet managers. more info
Michael Taylor
HillStaffer
May 09 The Next Five Years. What Fleet Managers Foresee in Changes, 3: 15 PM - 4: 15 PM ( ET) Challenges, and Opportunities in the Industry Ballroom C, D, E Experienced Fleet Managers will share their best crystal ball projections for the next five years in the industry and how they will affect your operations. more info
186
Dave
Renschler,
CPFP
City of
Fairfield, CA
Kevin
Schlangen,
CAFM, CPFP,
CEM
Dakota County, MN
May 09 Farewell Happy Hour
4: 15 PM - 5: 15 PM ( ET)
more info
Market Street Pre -Function
N./
CA
Wayne, IN
David
Worthington
County of
Santa Clara,
Larry
Campbell,
CPFP
City of Fort
Scott McIver,
CPFP
City of
Greenville
samsara
Friday, May 10, 2024
May 10 RTA: Training Session
8: 00 AM - 1: 00 PM ( ET)
RTA Fleet will host this exciting half - day Training Session -- hear L013 from RTA experts on what it takes to build a
leading fleet; as well
as learning about RTA' s next generation of FMIS! Plus, enjoying both Breakfast & Lunch in their meeting room. more info 187
4411k
RTA
May 10 AssetWorks FleetFocus FA User Training
8: 30 AM - 4: 00 PM ( ET) No,
Join the AssetWorks FA team for the day, enjoy complimentary L017 -L018 coffee and lunch as well as access to our subject matter expert who will provide training on several topics. more info
May 10 AssetWorks FleetFocus M5 User Training
8: 30 AM - 4: 00 PM ( ET)
Join the AssetWorks M5 team for the day, enjoy complimentary L016 coffee and lunch as well as access to our subject matter expert who will provide training on several topics. more info
AssetWQRKS
May 10 FASTER User Training
9: 00 AM - 1: 00 PM ( ET) v
AssetWORKS
An overview of the new releases of FASTER WEB, including set- up L011 - L012 and how to use the new features in FASTER WEB. more info sore;
ASSET SOLUTIONS
202- 1 Government Fleet Expo & Conference. All Rights Reserved. Produced by Bobit. 188
ITEM 4. 12
CITY MANAGER' S REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ITEM: APPROVE 2025 FACILITY FEE WAIVER
REQUESTS FROM LATHROP LITTLE LEAGUE,
LATHROP LIONS CLUB, LATHROP SUNRISE
ROTARY, AND ALCOHOLICS ANONYMOUS
RECOMMENDATION: 1. Adopt a Resolution to Approve a Facility Fee Waiver request from Lathrop Little League;
and
2. Adopt a Resolution to Approve a Facility Fee
Waiver request from Lathrop Lions Club; and
3. Adopt a Resolution to Approve a Facility Fee
Waiver request from Lathrop Sunrise Rotary;
and
4. Adopt a Resolution to Approve a Facility Fee
Waiver request from Alcoholics Anonymous
SUMMARY:
Review and approve adoption of four resolutions approving facility fee waiver requests from Lathrop Little League, Lathrop Lions Club, Lathrop Sunrise Rotary, and Alcoholics Anonymous in accordance with the City of Lathrop Fee Waiver Policy.
BACKGROUND:
Staff receives requests for facility fee waivers on an annual basis from one of the following: Intergovernmental Cooperation, Lathrop Non -Profit including 501( c)3 and/ or 501( c)4
with valid status and a Lathrop address, or a Lathrop organization with financial hardship directly benefitting the Lathrop community, such as a community group without non- profit status. The facility fee waiver requests from each organization are listed below. All fees include both facility and staff costs.
Lathrop Little League $ 74, 196
Lathrop Little League is a local non- profit providing enriching youth programming that promotes sportsmanship, teamwork, and leadership skills through the game of baseball. Lathrop Little League submitted a facility fee waiver for the use of six Baseball Diamonds for practices, Monday through Friday from 3: 00 p. m. to 8: 00 p. m. from February 15, 2025, through June 6, 2025. Additionally, Lathrop Little League is requesting the use of three Baseball Diamonds from 8: 00 a. m. to 7: 00 p. m. from February 15, 2025, through June 6, 2025, to host games.
189
CITY MANAGER' S REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
FEE WAIVERS
PAGE 2
Lathrop Lions Club $ 9, 414. 24
The Lathrop Lions Club is a local non- profit organization that gives valuable time and effort to improving their communities and the world. Lathrop Lions Club submitted a facility fee waiver request for the use of the Senior Center to host monthly Bunco on Sundays. Additionally, they requested use of the Scott Brooks Gymnasium on March 16 and September 20, 2025, to host Bingo and November 21 and November 22, 2025, to host an annual craft fair.
Lathrop Sunrise Rotary $ 762. 37
Lathrop Sunrise Rotary is a local non- profit organization that unites to take action to create lasting change across the globe and in their communities.
Lathrop Sunrise Rotary submitted a facility fee waiver request for the use of the Senior Center on November 27, 2025, from 7: 00 a. m. to 4: 00 p. m. to host a Community Thanksgiving Dinner.
Alcoholics Anonymous $ 5, 227.2
Alcoholics Anonymous is a local non- profit with a mission to help its members find sobriety. Alcoholics Anonymous submitted a facility fee waiver request for the use of the Lathrop Community Center Multi - Purpose Room on Thursday evenings from 6: 00 p. m. to 8: 00 p. m. to host their weekly meetings.
RECOMMENDATION:
Staff recommends Council find the requested facility fee waivers would provide a public benefit to the community and that the amount of the request is de minimis in nature and not subsidized from other facility fees and approve the facility fee waiver requested by Lathrop Little League, Lathrop Lions Club, Lathrop Sunrise Rotary, and Alcoholics Anonymous.
FISCAL IMPACT:
The fees associated with the facility fee waiver request total $ 89, 599. 83.
ATTACHMENTS:
A. Resolution to Approve a Facility Fee Waiver request from Lathrop Little League
B. Little League Fee Waiver Calculations
C. Resolution to Approve a Facility Fee Waiver request from Lathrop Lions Club D. Lathrop Lions Club Fee Waiver Calculations
E. Resolution to Approve a Facility Fee Waiver request from Lathrop Sunrise Rotary
F. Lathrop Sunrise Rotary Fee Waiver Calculations
G. Resolution to Approve a Facility Fee Waiver request from Alcoholics Anonymous
H. Alcoholics Anonymous Fee Waiver Calculations
190
CITY MANAGER' SREPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
FEE WAIVERS
APPROVALS:
PAGE 3
ti. 13 . ?, t,
Todd Sebastian Date
Director of Parks, Recreation and Fleet
Cari Ja
Director of Finance
1143/ x6LDate
13..&-`,
Salvador Navarrete Date
City Attorney
h or
Thomas Hedegard Date
Deputy City Manager
1(- IK• zozy
Michael King Date
Assistant City Manager
1,. t14. ui'
Stephen J. Salvatore Date
City Manager
191
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A FACILITY FEE WAIVER REQUEST FROM LATHROP LITTLE LEAGUE
FOR USE OF CITY FACILITIES TO HOST PRACTICES BASEBALL PRACTICES AND GAMES TOTALING $ 74, 196
WHEREAS, the City received a Facility Fee Waiver request Lathrop Little League in accordance with the City of Lathrop Fee Waiver Policy; and WHEREAS, Lathrop Little League submitted a facility fee waiver request for the use of City of Lathrop Baseball Fields from February 15, 2025, through June 6, 2025 to host baseball practices and games; and
WHEREAS, staff reviewed the request, and recommends Council approval because the requested waiver meets the requirements of the Fee Waiver Policy and is of public benefit, de minimis in nature and not subsidized from other facility fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop hereby finds the request to be of public benefit, de minimis in nature and not subsidized from other facility fees and does hereby approve the Facility Fee Waiver for Lathrop Little League for the use of City Baseball Fields in the amount of $74, 196. 192
PASSED AND ADOPTED this 18th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM: ATTEST:
Salvador Navarrete, City Attorney Teresa Vargas, City Clerk 193
Lathrop
Little
League
Fee
Calculations
for
2025
Req
uest for
Us
of e
Facilities
Facilitynth
Mo
Rqstd
Dat
es
Pur •
ose
Rate/ Day
6 Baseball
Diamonds
February
15 -
June
6Weekdays
Practice
5hrs/ 80
days
3 Baseball
Diamonds
February
15 -
June
6Saturdays
Games
llhours/ 17
10%
discount
TOTAL
City
of
Lathrop
Staffing
Fee Calculations
fo
r Re2025
quest
Staff
TimeAssociat ed
with
F
ee
Waiv
er
Event
Title
Hourly Rate
Hrs
R•
std
Administrative
Fee 34.
22 1
34. TOTAL
194
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A FACILITY FEE WAIVER REQUEST FROM LATHROP LIONS CLUB FOR USE OF CITY FACILITIES TOTALING $ 9, 414. 2
WHEREAS, the City received a Facility Fee Waiver request Lathrop Lions Club in accordance with the City of Lathrop Fee Waiver Policy; and WHEREAS, Lathrop Lions Club submitted a facility fee waiver request for the use of the Lathrop Senior Center and the Scott Brooks Gymnasium to host monthly Bingo, Bunco games, and their annual Craft Fair; and
WHEREAS, staff reviewed the request, and recommends Council approval because the requested waiver meets the requirements of the Fee Waiver Policy and is of public benefit, de minimis in nature and not subsidized from other facility fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop hereby finds the request to be of public benefit, de minimis in nature and not subsidized from other facility fees and does hereby approve the Facility Fee Waiver for Lathrop Lions Club for the use of the Lathrop Senior Center and Scott Brooks Gymnasium in the amount of $9, 414. 2.
195
PASSED AND ADOPTED this 18th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM: ATTEST:
S
Salvador Navarrete, City Attorney Teresa Vargas, City Clerk 196
Lathrop
Lions
Club
Calculations Feefor
2025
Request for
Use
of
acilities F
Facility_
Dat
es Pur• os
Rate / Daye al
Tot
Pric
Senior
Center
1/9,
2/ 16,
4/ 27,
5/ 18,
6/ 22,
7/ 20,
8/ 17 ,
10/9 ,
Bunco
480. 00
320. 4,
Scott
Brooks
Gymnasium
3/ 16,
9/ 20
Bingo
640 .
00 1, 280.
Scott
Brooks
Gymnasium
11/ 2-2
Craft
Fair
640. 00
280. 1,
TOTAL
6, 880 .
City
ofLathrop
Staffing
FeeCalculation fos
r
2025
Reque
st
Staff Time
Associated
with
Fe
e
Waiv
er
Requ
est
Event
Title
Hrs
Rqstd,
Rate
Administrative
1 34. 22
34. Recreation
Leader
114
21 .
93 2, 500 .
TOTAL
2, 534 .
9, 414 .
197
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A FACILITY FEE WAIVER REQUEST FROM LATHROP SUNRISE ROTARY FOR USE OF CITY FACILITIES TOTALING $ 762. 37
WHEREAS, the City received a Facility Fee Waiver request Lathrop Sunrise Rotary in accordance with the City of Lathrop Fee Waiver Policy; and WHEREAS, Lathrop Sunrise Rotary submitted a facility fee waiver request for the use of the Lathrop Senior Center on November 27, 2025 to host their free community Thanksgiving dinner; and
WHEREAS, staff reviewed the request, and recommends Council approval because the requested waiver meets the requirements of the Fee Waiver Policy and is of public benefit, de minimis in nature and not subsidized from other facility fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop hereby finds the request to be of public benefit, de minimis in nature and not subsidized from other facility fees and does hereby approve the Facility Fee Waiver for Lathrop Sunrise Rotary for the use of the Lathrop Senior Center in the amount of 762. 37.
198
PASSED AND ADOPTED this 18th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM: ATTEST:
Salvador Navarrete, City Attorney Teresa Vargas, City Clerk 199
F -
Lathrop
unris
S
e
Rotary
Fee
alculatio
C
for
2025 ns
for
Requ
est Us
e
of
Faciliti
es
FacilityDat
es Pur. os
e/DRatye
Total
Senior
Center
27 -
Nov
Thanksgiving
Dinner
540. 00
540 .
TOTAL
540.
City
of Lathrop
Staffing
FeeCalculations
for
2025Request Staff
Tim e
Associated
with
F
ee
Waiv
er
R
estqu
Event
Title
Hrs
RqstdRat e
Administrative
1 25. 00
25. Recreation
Leader
9 21 .
93 197 .
TOTAL
222 .
762.
200
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A FACILITY FEE WAIVER REQUEST FROM ALCOHOLICS
ANONYMOUS FOR USE OF CITY FACILITIES TOTALING $ 5, 227.2 WHEREAS, the City received a Facility Fee Waiver request from Alcoholics Anonymous in accordance with the City of Lathrop Fee Waiver Policy; and WHEREAS, Alcoholics Anonymous submitted a facility fee waiver request for the use of the Lathrop Community Center Multi -Purpose Room to host weekly meetings; and
WHEREAS, staff reviewed the request, and recommends Council approval because the requested waiver meets the requirements of the Fee Waiver Policy and is of public benefit, de minimis in nature and not subsidized from other facility fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop hereby finds the request to be of public benefit, de minimis in nature and not subsidized from other facility fees and does hereby approve the Facility Fee Waiver for Alcoholics Anonymous for the use of the Lathrop Community Center Multi - Purpose Room in the amount of $ 5, 227.2.
201
PASSED AND ADOPTED this 18th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM: ATTEST:
Salvador Navarrete, City Attorney Teresa Vargas, City Clerk 202
Alcoholics Anonymo
us
F
Calc
ulatio eefor
2025 ns Request for
Use
of
Facilities
Facility..
Dat
es Days
Purpos e e/
Rat
Mulitpurpose
Room
Jan -
Dec
Thursdays
AAMeetings
60day/
TOTAL
City
of
Lathrop
Staffing
Fee Calculations
for
2025
R
equ est Staff
Tim
e
Associated
with
F
ee
Waiv
er
Event
Title
Hrs
Rastd
Rat
e
Administrative
1 Recreation
Leader
100
TOTAL
203
PAGE LEFT
INTENTIONALLY
BLANK
204
CITY MANAGER' SREPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ITEM:
ITEM 4. 13
APPROVE A MASTER AGREEMENT WITH NBS
GOVERNMENT FINANCE GROUP DBA NBS TO
PROVIDE SPECIAL DISTRICT ADMINISTRATION
SERVICES
RECOMMENDATION: Adopt Resolution to Approve a Master Agreement with NBS Government Finance Group to Provide
Special District Administration Services
SUMMARY:
Since 2004, the City of Lathrop has been receiving special district administration support from NBS Government Finance Group ( NBS). NBS provides comprehensive district administration services to assist the City with maintaining assessment district data, preparing tax roll levies, managing delinquencies, analyzing arbitrage rebates, providing on -going continuing disclosure reporting, and preparing annual reports as required by county, state and federal agencies. NBS is well- known among many municipalities and is regarded as one of the highest rated special tax administrators with knowledgeable and responsive staff.
The City has continually relied upon NBS to help administer a total of twenty- sven districts, which includes eight maintenance districts, fifteen special tax districts, and four reassessment districts. Each category of district is managed differently and requires an extensive annual process to meet strict deadlines, ensuring the City can maintain high quality services for its community. The original Master Agreement, executed 20 years ago, is still active. Since then, new districts have been created and there have been changes to disclosure filing requirements. The City has requested NBS to provide a new scope of services that includes both existing districts and additional services needed to meet continuing disclosure reporting requirements.
Therefore, a new Master Agreement is necessary to incorporate these services and to include new districts established since the Master Agreement was executed in 2004.
BACKGROUND:
On January 5, 2004, the City entered into a Master Agreement with NBS to provide special district administration services to fifteen assessment districts that were formed at that time. The Master Agreement remains active today.
Currently the City, with the knowledgeable resources of NBS, administers twentyseven assessment districts which includes eight maintenance districts, fifteen special tax districts, and four re -assessment districts all listed on the following page. Since the original Master Agreement was executed 20 years ago, a total of twelve new districts have been created.
205
CITY MANAGER' SREPORT PAGE 2
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
APPROVE A MASTER AGREEMENT WITH NBS TO PROVIDE SPECIAL DISTRICT
ADMINISTRATION SERVICES
Maintenance Districts:
Industrial Lighting Maintenance
Mossdale Lighting & Landscaping Maintenance
Residential Lighting Maintenance
Stonebridge Drainage & Lighting Maintenance
Stonebridge Landscape Maintenance
Woodfield Park Lighting & Landscape Maintenance
City Zone 1 Storm Drainage
City Zone 1A Storm Drainage
Special Tax Districts ( CFD):
CFD No. 2003- 1 (Mossdale Village)
CFD No. 2003- (Joint WW Project)
CFD 2004- 1 (Mossdale Services)
CFD 2005- 1 (Historic Lathrop Services)
CFD 2013- 1 (River Island Services)
CFD 2018- 1Area 1 ( CLSP Facilities)
CFD 2018- 1Area 2 ( CLSP Facilities)
CFD 2018- 1Area 3 ( CLSP Facilities)
CFD 2018- 1Area 4 ( CLSP Facilities)
CFD 2018- 1 Area 5 ( CLSP Facilities)
CFD 2019- 1 (South Lathrop Services)
CFD 2019- (Central Lathrop Services)
CFD 2021- 1 (Gateway Business Park)
CFD 2023- 1 (River Island Services & Facilities)
CFD 2024- 1 (Eagles Landing Services)
Reassessment Districts ( 1915 Act AD):
Sanitary Sewer Assessment District No. 1
Crossroad Assessment District Series 2015
Reassessment District No. 2015- 1 Mossdale Village
Reassessment District No. 2023- 1 Mossdale Village
Maintenance districts are created to fund the costs of ongoing maintenance and operations of improvements which includes landscaping, parks, street lighting, and storm drainage that provide special benefits to properties in certain areas of the City.
Special tax districts, also known as Community Facilities Districts ( CFD), are formed in developing areas to fund needed infrastructure to service current and future residents within the proposed developing areas. Reassessment districts are created to fund major capital improvements related to water and sewer infrastructures.
Each type of district is managed differently and requires an extensive annual process to meet strict deadlines, ensuring that the City can maintain high quality services for its community. Over the years, there have been changes to the disclosure filing requirements needing additional services from NBS to prepare the necessary reports.
These requirements may include submissions to the California Debt and Investment Advisory Commission, the State Controller' s Office, the Municipal Securities 206
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
APPROVE A MASTER AGREEMENT WITH NBS TO PROVIDE SPECIAL DISTRICT
ADMINISTRATION SERVICES
Rulemaking Board, and the Securities and Exchange Commission.
In light of these changes, the City has requested NBS to provide a new scope of services that includes both existing districts and additional services required for ongoing disclosure reporting requirements. Therefore, a new Master Agreement with NBS is necessary to include these services and to include new districts established since the original Master Agreement was executed in 2004.
NBS has been providing comprehensive district administration services to help the City manage assessment district data, prepare tax roll levies, manage delinquencies, analyze arbitrage rebates, provide on -going continuing disclosure reporting, and prepare annual reports as mandated by county, state and federal agencies. NBS is well- known among many municipalities and is regarded as one of the highest rated special tax administrators with knowledgeable and responsive staff. For these reasons, a formal request for proposals process was not used to procure NBS for these specialized services, pursuant to Lathrop Municipal Code 2. 36. 110 (A) which exempts professional services from bidding procedures.
City staff anticipates that residential and commercial development will continue to expand, especially in Central Lathrop and River Islands development areas. This growth will create a need for new district formations and ongoing district administration services.
REASON FOR RECOMMENDATION:
Given the high level of expertise and quality of service provided by NBS, Staff is recommending that Council adopt a resolution approving a Master Agreement with NBS to continue providing special district administration services for the City.
FISCAL IMPACTS:
The district administration services provided by NBS are funded through the special tax and assessments revenues collected from the districts following the levy of assessments. The expenditures for these services are appropriated in each of the district' s
operating budget.
ATTACHMENTS:
A. Resolution to Approve Master Agreement with NBS to Provide Special District Administration Services
B. City of Lathrop Master Agreement between the City of Lathrop and NBS 207
CITY MANAGER' S REPORT PAGE 4
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
APPROVE A MASTER AGREEMENT WITH NBS TO PROVIDE SPECIAL DISTRICT
ADMINISTRATION SERVICES
APPROVALS:
ita
Chia Lor
Senior Accountant
Cari Ja jj"es
Directo of Finance
a. 7t. mn/
Date
0l3ilaoa¢
Date
10 Salvador Navarrete Date
City Attorney
Zo
Thomas Hedegard Date
Deputy City Manager
Stephen J. Salvatore Date
City Manager
LL • 14- •24 -
208
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A MASTER AGREEMENT WITH NBS GOVERNMENT FINANCE
GROUP DBA NBS TO PROVIDE SPECIAL DISTRICT ADMINISTRATION
SERVICES
WHEREAS, on January 5, 2004, the City entered into a Master Agreement with NBS to provide special district administration services to fifteen assessment districts that were formed at that time; and
WHEREAS, NBS provides comprehensive district administration services to assist the City with maintaining assessment district data, preparing tax roll, managing delinquencies, analyzing arbitrage rebates, providing on -going continuing disclosure reporting, and preparing annual reports as required by county, state and federal agencies; and
WHEREAS, the City has continually relied upon NBS to help administer a total of twenty- sven districts, which include eight maintenance districts, fifteen special tax districts, and four reassessment districts; and WHEREAS, each type of district is managed differently and requires an extensive annual process to meet strict deadlines ensuring that the City can maintain high quality services for its community; and
WHEREAS, since the original Master Agreement was executed 20 years ago new districts have been created and there have been changes to disclosure filing requirements; and
WHEREAS, the City has requested NBS to provide a new scope of services that includes both existing districts and additional services required for ongoing disclosure reporting requirements; and
WHEREAS, NBS is well- known among many municipalities and is regarded as one of the highest rated special tax administrators with knowledgeable and responsive staff; and
WHEREAS, a formal request for proposals process was not used to procure NBS for these specialized services, pursuant to Lathrop Municipal Code 2. 36. 110 A) which exempts professional services from bidding procedures; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby approve a Master Agreement with NBS Government Finance Group dba NBS to provide Special Districts Administration Services.
Resolution No. 24- Page 1 of 2
209
The foregoing resolution was passed and adopted this 18th day of November 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 24- Page 2 of 2
210
CITY OF LATHROP
MASTER AGREEMENT FOR SPECIAL DISTRICT ADMINISTRATION
SERVICES BETWEEN THE CITY OF LATHROP AND NBS
GOVERNMENT FINANCE GROUP, DBA NBS
THIS AGREEMENT, dated for convenience this 18th day of November 2024, is by and between NBS (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CITY desires district administration services in connection with special assessment districts, and
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform special services which will be required by this agreement; WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such professional services, as hereinafter defined, on the following terms and conditions; and NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform special district administration services described in conformance with the CONSULTANT' sscope of services attached hereto as Exhibit "A" and with each approved Task Order submitted by the CONSULTANT incorporated herein by this reference. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and CITY' Ssatisfaction.
2) Compensation
CITY hereby agrees to pay CONSULTANT the amounts provided in Exhibit " B" and with each approved Task Order for Special District Administration Services as requested by the City. City agrees to pay CONSULTANT within thirty ( 30) days of receipt of billings containing all information required per Paragraph 5 below. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit "A" or in an approved Task Order Scope of Work unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' Sauthorized representative prior to the commencement of the work.
ATTACHMENT " B"
211
CITY OF LATHROP — NBS
MASTER AGREEMENT FOR SPECIAL DISTRICT ADMINISTRATION SERVICES 3) Effective Date and Term
The effective date of this Agreement is November 18, 2024, and it shall terminate no later than June 30, 2025 provided, that the City may extend this agreement under the same terms and conditions for additional twelve ( 12) month periods, commencing on July 1 of each year and terminating on June 30 of each subsequent year. Each such extension shall be automatic unless CONSULTANT is given thirty 30) days written notice of CITY' sintention not to extend this agreement. 4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY.
CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billings
CONSULTANT shall bill CITY periodically for services render by CONSULTANT.
CONSULTANT' sbills shall include the following information: a brief description of services performed, the period during which the services were performed, the rates thereof, and the CONSULTANT' s
signature. Except as specifically authorized by
CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the maximum amount of compensation provided in section (2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
7) Assignment of Personnel
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, regardless of the reason, or the lack of a reason, according to the CITY' Srequest.
The services shall be performed by, or under the direct supervision, of CONSULTANT' sAuthorized Representative: Kristin Harvey, CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.