January 13, 2025 – Regular Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
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January 13, 2025 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Paul Akinjo, Mayor
Jennifer Torres-O’Callaghan, Vice Mayor
Minnie Diallo, Councilmember
Stephen Dresser, Councilmember
Diane Lazard, Councilmember
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 January 13, 2025 Lathrop City Council Regular Meeting Agenda Page 1
IMPORTANT NOTICE REGARDING THIS MEETING
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcome in person. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1611749545?pwd=AXwVhMbiF0vCVb vqGAcg0Q5EQ5Ms1k.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: 161 174 9545 / Passcode: 333410
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 the 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 January 13, 2025 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest 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 January 13, 2025 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 13, 2025
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 6:30 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 OATH OF OFFICE TO APPOINTED COUNCILMEMBER STEPHEN DRESSER
BY CITY CLERK TERESA VARGAS
1.3 CLOSED SESSION
1.3.1 LIABILITY CLAIM: Pursuant to Government Code Section 54956.95
• Claimant: Angela Victoria
Agency Claimed Against: City of Lathrop
RECONVENE
1.3.2 REPORT FROM CLOSED SESSION
1.4 ROLL CALL
1.5 INVOCATION
1.6 PLEDGE OF ALLEGIANCE
1.7 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.8 INFORMATIONAL ITEM(S) - None
1.9 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS - None
2.1 PRESENTATION - PROJECT STATUS UPDATE ON THE CONSOLIDATED TREATMENT FACILITY (CTF) PHASE 3 EXPANSION (CIP WW 22-38) 4 January 13, 2025 Lathrop City Council Regular Meeting Agenda Page 4
2.2 PRESENTATION - UPDATE ON THE AVA COMMUNITY ENERGY
ENROLLMENT PLAN
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.
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 Special City Council Meeting of December 9, 2024 (Municipal Election Certification)
4.3 SECOND READING AND ADOPTION OF ORDINANCE 25-461 OF THE CITY
COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP
MUNICIPAL CODE (LMC) TO UPDATE TITLE 3, CHAPTER 3.30 INFORMAL
BIDDING THRESHOLDS AND SERVICE DEFINITIONS IN ACCORDANCE WITH THE UPDATED ASSEMBLY BILL 2192 (AB 2192) (2024)
AMENDMENTS TO THE PUBLIC CONTRACT CODE
Waive Full Reading and Adopt Ordinance 25-461 Amending the Lathrop Municipal Code (LMC) to Update Title 3, Chapter 3.30 Informal Bidding Thresholds and Service Definitions in Accordance with the Updated AB 2192 (2024) Amendments to the Public Contract Code
5 January 13, 2025 Lathrop City Council Regular Meeting Agenda Page 5
4.4 ACCEPTANCE OF THE CITY OF LATHROP ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR THE FISCAL YEAR ENDING JUNE 30, 2024
Adopt Resolution Accepting the City of Lathrop Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ending June 30, 2024
4.5 REVIEW OF THE CAPITAL FACILITY FEE FUNDS REPORT FOR FY 2023- 2024
Review of the Capital Facility Fee Funds Report for Fiscal Year 2023- 2024
4.6 APPROVE PROPOSED FISCAL YEAR 2025-26 AND FISCAL YEAR 2026-27
BIENNIAL BUDGET CALENDAR
City Council to Consider and Approve the Proposed Fiscal Year 2025-26 and Fiscal Year 2026-27 Biennial Budget Calendar
4.7 APPROVE OUT OF STATE TRAVEL FOR THE MAYOR TO ATTEND THE U.S.
CONFERENCE OF MAYORS 93RD WINTER MEETING
Adopt Resolution Authorizing Out of State Travel for the Mayor to Attend the U.S. Conference of Mayors 93rd Winter Meeting in Washington, DC, January 17 -19, 2025
4.8 APPROVE OUT OF STATE TRAVEL FOR CITY STAFF TO PARTICIPATE IN THE ICSC LAS VEGAS CONFERENCE IN MAY 2025
Adopt Resolution Authorizing Out of State Travel for Two City Staff Members to Attend and Represent the City of Lathrop at the Innovating Commerce Serving Communities (ICSC) 2025
Conference in Las Vegas, Nevada from May 18, 2025, to May 20, 2025
4.9 APPROVE SERVICE CONTRACT WITH FRANK M. BOOTH INC. TO PROVIDE PREVENTATIVE MAINTENANCE SERVICES FOR THE CITY’S
HVAC SYSTEMS
Adopt Resolution to Approve a Service Contract with Frank M. Booth Inc. to Provide Preventative Maintenance Services for the City’s HVAC Systems
4.10 APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH ALEXANDER & ASSOCIATES, INC. FOR ON-CALL LAND SURVEY AND
MAPPING SERVICES
Adopt Resolution to Approve a Professional Consulting Services Agreement with Alexander & Associates, Inc. to Provide On-Call Land Survey and Mapping Services
6 January 13, 2025 Lathrop City Council Regular Meeting Agenda Page 6
4.11 APPROVE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH MARK THOMAS FOR THE LOUISE AVENUE /
INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-06 AND APPROVE
BUDGET AMENDMENT
Adopt Resolution Approving Amendment No. 3 to the Professional Services Agreement with Mark Thomas for the Louise Avenue / Interstate 5 Interchange Project, CIP PS 06-06 and Approve Budget Amendment
4.12 RATIFY THE PURCHASE OF AUTOMATIC LICENSE PLATE RECOGNITION
SURVEILLANCE SYSTEM SOFTWARE AND HARDWARE FROM VIGILANT SOLUTIONS, LLC. FOR CIP GG 19-07 CITYWIDE SURVEILLANCE SYSTEM
AND APPROVE RELATED BUDGET AMENDMENT
Adopt Resolution to Ratify the Purchase of Automatic License Plate Recognition Surveillance System Software and Hardware From Vigilant Solutions, LLC. for CIP GG 19-07 Citywide Surveillance System and Approve Related Budget Amendment
4.13 CREATE CIP PS 25-16 FOR BULBOUTS ON 5TH STREET, AWARD
CONSTRUCTION CONTRACT TO DSS COMPANY DBA KNIFE RIVER
CONSTRUCTION, AND APPROVE BUDGET AMENDMENT
Adopt Resolution to Create Capital Improvement Project PS 25-16 for Bulbouts on 5th Street, Award a Construction Contract to DSS Company dba Knife River Construction, and Approve Budget Amendment
4.14 CREATE CIP SD 25-17 EAST LATHROP STORMWATER MASTER PLAN,
RATIFY PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO
ENGINEERS, INC., AND APPROVE BUDGET AMENDMENT
Adopt Resolution to Create CIP SD 25-17 East Lathrop Water Stormwater Master Plan, Ratify a Professional Services Agreement with Carollo Engineers, Inc., and Approve Budget Amendment
5. SCHEDULED ITEMS
5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER AMENDMENTS
TO VARIOUS CHAPTERS OF THE LATHROP MUNICIPAL CODE (LMC) TO
MODERNIZE, SIMPLIFY, AND STREAMLINE VARIOUS SECTIONS IN TITLE 8, HEALTH AND SAFETY AND TITLE 17, ZONING (TA-24-161) Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an Ordinance to Adopt Various Amendments to the Lathrop Municipal Code (LMC)
to Modernize, Simplify, and Streamline Various Sections of Title 8, Health and Safety and Title 17, Zoning. The
Amendments Include the Following:
7 January 13, 2025 Lathrop City Council Regular Meeting Agenda Page 7 • Chapter 8.40 (Unlawful Camping): Add Recreational
Vehicles and Trailers to the Definition of “Camp
Facilities” and Update the Number of Days Overnight
Camping is Permitted on Private Residential
Properties from One (1) to Two (2) Consecutive
Nights.
• Chapter 17.04 (General Provisions): Move
Definition of “Assembly Use” to be in Alphabetical
Order.
• Chapter 17.23 (P/QP Public-Quasi Public District):
Add Language to Clarify that a Public-Quasi Public
Zoned Property Must be Fully Developed Pursuant to
City Requirements Prior to Being Occupied.
• Chapter 17.32 (R One-Family Residential District):
Update the Permitted Use Section Reference to Title
6 (Animals) and Remove “Mobilehomes” as a
Permitted Use with an Administrative Approval.
• Chapter 17.36 (RM Multi-Family Residential
District): Update the Permitted Use Section to
Reference Title 6 (Animals), Remove “Mobilehomes”
as a Permitted Use with an Administrative Approval,
and Clarify Site Improvements and Design Review
Requirements.
• Chapter 17.38 (Historic Lathrop Overlay District):
Update the Historic Overlay District Map to be
Consistent with the Zoning Map.
• Chapter 17.44 (C Commercial District): Clarify that
Temporary Sidewalk Sales and Use of Public Rightof-Way for Display and Sales of Merchandise Conform to the Provisions of Chapter 8.25 (Sidewalk
Vendors) and Clarify Site Improvements and Design
Review Requirements.
• Chapter 17.48 (I Industrial District): Clarify that an Industrial Zoned Property Must be Fully Developed
Pursuant to City Requirements Prior to Being
Occupied.
• Chapter 17.57 (Mossdale Landing Zoning): Remove
“Adult Novelty Stores” as a Conditional Use in the
CS-MV, Service Commercial, CH-MV, Highway
Commercial (Mossdale Landing) and CS-MV, Service
Commercial (Mossdale Landing East) Zoning
Districts. Clarify Site Improvements and Design
Review Requirements in Various Sections.
• Chapter 17.58 (Lathrop Gateway Business Park
Zoning Districts): Modify Reference to the
Appropriate Section (Article 5, Development
Standards) and Clarify Site Improvements and
Design Review Requirements.
8 January 13, 2025 Lathrop City Council Regular Meeting Agenda Page 8 • Chapter 17.59 (South Lathrop Zoning Districts):
Clarify Site Improvements and Design Requirements
in the CO-SL, Commercial Office and IL-SL, Limited
Industrial Zoning Districts.
• Chapter 17.62 (Central Lathrop Zoning Districts):
Prohibit Duplex on Residential/Mixed Use Zoning
District East of Golden Valley Parkway, Update the
Permitted Use Section to Reference Title 6
(Animals), and Clarify Site Improvements and
Design Review Requirements in Various Sections.
• Chapter 17.92 (Landscaping and Screening
Standards): Add Language to Implement Senate Bill
1383 Promoting Use of Recycled Mulch and
Compost.
• Chapter 17.100 (Site Plan Review): Add Language
to Clarify that a Property Must be Fully Developed
Pursuant to City Requirements Prior to Being
Occupied.
5.2 REVIEW MICROTRANSIT RFP RESULTS AND PROVIDE DIRECTION ON
TRANSIT
Council to Review Microtransit RFP Results and Provide Direction on Transit
5.3 ESTABLISH A FINANCIAL INCENTIVE PROGRAM LIMITED TO NEW
RETAIL ESTABLISHMENTS LOCATING IN THE CITY EAST OF
INTERSTATE 5 AND APPROVE BUDGET AMENDMENT
Council to Discuss and Consider a Resolution to Establish a Retail Incentive Program and Approve Budget Amendment
5.4 CITY COUNCIL DISCUSSION REGARDING KEEPING FOWL WITHIN CITY LIMITS
City Council to Discuss and Provide Staff Direction Regarding a Potential Amendment to the Lathrop Municipal Code Regarding Keeping Fowl within City Limits
5.5 DISCUSS OUT OF STATE TRAVEL FOR THE 2025 NATIONAL LEAGUE OF
CITIES CONGRESSIONAL CITY CONFERENCE
Adopt Resolution Authorizing Out of State Travel for the 2025 National League of Cities Congressional City Conference to Washington D.C., from March 8-12, 2025, and Approval of Related Budget Amendment
6. COUNCIL COMMUNICATIONS
6.1 MAYOR AKINJO REFERRAL – Mayor and Councilmember Assignments for 2025
9 January 13, 2025 Lathrop City Council Regular Meeting Agenda Page 9
6.2 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Ava Community Energy (Diallo/Torres-O’Callaghan)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • Council of Governments (Akinjo/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/Vacancy) • 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)
6.3 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
10 ITEM 4. 2
CITY OF LATHROP
CITY COUNCIL SPECIAL MEETING
MONDAY, DECEMBER 9, 2024, 5: 00 P. M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive, Lathrop, CA 95330
MINUTES
PLEASE NOTE: There was no Closed Session prior to the Special Meeting. The Special Meeting commenced at 5: 12 p. m.
1. PRELIMINARY
1. CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 5: 12 p•m.
1. 2 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Diallo ; and Councilmembers: Akinjo, Lazard, and
Torres -O' Callaghan.
Absent: None.
1. 3 PLEDGE OF ALLEGIANCE: Councilmember ( and Mayor Elect) Akinjo led the pledge of allegiance.
2. SCHEDULED ITEMS( S)
2. 1 CITY COUNCIL ELECTION CERTIFICATION AND REORGANIZATION
2.1. DECLARATION AND CERTIFICATION OF THE NOVEMBER 5, 2024,
GENERAL MUNICIPAL ELECTION RESULTS
Government Services Director and City Clerk Teresa Vargas provided the results of the November 5, 2024, General Municipal Election, certified by the San Joaquin Registrar of Voters on December 3, 2024.
On a motion by outgoing Mayor Dhaliwal, seconded by Vice Mayor Diallo, the City Council adopted Resolution 24- 5694 reciting the fact of the General Municipal Election held on November 5, 2024, and declaring the result and such other matters as provided by law.
Ayes: Akinjo, Diallo, Lazard, Torres -O' Callaghan, and Dhaliwal
Noes: None
Absent: None
Abstain: None
December 9, 2024 Lathrop City Council Special Meeting Minutes Page 1 11 2.1. PRESENTATION TO / COMMENTS BY OUTGOING MAYOR
Sonny Dhaliwal, Outgoing Mayor
Outgoing Mayor Dhaliwal commented on the matter,
congratulated newly elected Mayor Akinjo, and re- elected Councilmembers Diallo and Torres -O' Callaghan. Mr. Dhaliwal commented on his newly elected position as a San Joaquin County Board of Supervisor and expressed appreciation for having the ability to continue serving the Lathrop community and all the other communities within the 3rd District of San Joaquin County.
Mayor Elect Akinjo presented a commemorative plaque to
outgoing Mayor Dhaliwal recognizing his six years of service as Council Member and twelve years of service as Mayor for the City of Lathrop. Mayor Elect Akinjo and Councilmembers Diallo, Lazard and Torres -O' Callaghan expressed their appreciation and best wishes to outgoing Mayor Dhaliwal.
2.1.3 PRESENTATION OF THE CERTIFICATE OF ELECTION AND OATH
OF OFFICE TO NEWLY ELECTED OFFICIALS
Minnie " Cotton" Diallo, Council Member
Jennifer Torres -O' Callaghan, Council Member
Paul Akinjo, Mayor
City Clerk Teresa Vargas provided official Oaths of Office to all elected officials prior to the special meeting. The following ceremonial Oaths of Office were provided in the following order:
Aicha Diallo, deputized to administer the ceremonial Oath of Office by City Clerk Teresa Vargas, administered the ceremonial Oath of Office to Councilmember Minnie " Cotton" Diallo. Following the ceremonial Oath of Office, City Clerk Teresa Vargas provided the Certificate of Election to Councilmember Minnie " Cotton" Diallo.
John O' Callaghan, deputized to administer the ceremonial Oath of Office by City Clerk Teresa Vargas, administered the ceremonial Oath of Office to Councilmember Jennifer Torres -O' Callaghan. Following the ceremonial Oath of Office, City Clerk Teresa Vargas provided the Certificate of Election to Councilmember Jennifer Torres -O' Callaghan.
Outgoing Mayor Dhaliwal, deputized to administer the ceremonial Oath of Office by City Clerk Teresa Vargas, administered the ceremonial Oath of Office to Mayor Paul Akinjo. Following the ceremonial Oath of Office, City Clerk Teresa Vargas provided the Certificate of Election to Mayor Paul Akinjo.
December 9, 2024 Lathrop City Council Special Meeting Minutes Page 2 12 2.1.4 COMMENTS BY NEWLY ELECTED OFFICIALS
The Mayor and Councilmembers made various comments on the matter, they expressed their appreciation to the Lathrop community and expressed best wishes to outgoing Mayor
Dhaliwal.
2. 1.5 APPOINTMENT OF VICE MAYOR
Mayor Akinjo provided an overview of the appointment process and appointed Councilmember Jennifer Torres -O' Callaghan as Vice Mayor for 2025.
2. 1.6 MAYOR AND COUNCILMEMBER ASSIGNMENTS TO SERVE ON
OUTSIDE AGENCY BOARDS, COMMISSION & COMMITTEES FOR
2025
Mayor Akinjo assumed the delegate position for the League of California Cities Central Valley Executive Committee formerly held by outgoing Mayor Dhaliwal. The remaining of the City Council appointments for 2025, for members of the City Council to represent the City of Lathrop on outside agency boards, commissions and committees, were postponed to the Regular Meeting of January 13, 2025. The postponement of the
assignments would allow time for the City Council to discuss the City Council vacancy.
There was a brief public ceremonial reception following the adjourned of the Special Meeting. The public reception was not broadcasted.
3. ADJOURNMENT — Mayor Akinjo adjourned the Special Meeting at 6: 08 p. m. The City Council held a brief public reception celebrating the newly elected City Council, prior to the Regular Meeting for Monday, December 9, 2024, with Closed Session scheduled to commenced at 6: 45 p. m. and the open session scheduled to commence at its regularly scheduled time of 7: 00 p. m.
esa Vargas, MMC
Government Services Director
City Clerk
December 9, 2024 Lathrop City Council Special Meeting Minutes Page 3 13 PAGE LEFT
INTENTIONALLY
BLANK
14 ITEM 4. 3
CITY MANAGER' S REPORT
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
25- 461 OF THE CITY COUNCIL OF THE CITY OF
LATHROP AMENDING THE LATHROP MUNICIPAL
CODE ( LMC) TO UPDATE TITLE 3, CHAPTER 3.0
INFORMAL BIDDING THRESHOLDS AND SERVICE
DEFINITIONS IN ACCORDANCE WITH THE UPDATED
ASSEMBLY BILL 2192 ( AB 2192) ( 2024)
AMENDMENTS TO THE PUBLIC CONTRACT CODE
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 25- 461 Amending the Lathrop Municipal Code ( LMC) to
Update Title 3, Chapter 3.0 Informal Bidding
Thresholds and Service Definitions in Accordance
with the Updated AB 2192 ( 2024) Amendments to
the Public Contract Code
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 25- 461 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMENDING THE LATHROP MUNICIPAL CODE ( LMC) TO UPDATE TITLE 3, CHAPTER 3.0 INFORMAL
BIDDING THRESHOLDS AND SERVICE DEFINITIONS IN ACCORDANCE WITH THE UPDATED ASSEMBLY BILL 2192 ( AB 2192) ( 2024) AMENDMENTS TO THE PUBLIC
CONTRACT CODE
SUMMARY:
On December 9, 2024, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Diallo, Torres -O' Callaghan, and Akinjo
NOES: None
ABSTAIN: None
ABSENT: Lazard
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
eresa Vargas
overnment Services Director &
City Clerk
1 1 - 6---.
Date
15 ORDINANCE NO. 25- 461
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CONSIDER AN AMENDMENT TO TITLE 3, CHAPTER 3.0 INFORMAL BIDDING
THRESHOLDS AND SERVICE DEFINITIONS IN ACCORDANCE WITH THE UPDATED ASSEMBLY BILL 2192 ( 2024) AMENDMENTS TO THE PUBLIC
CONTRACT CODE
WHEREAS, On November 28, 2006, City Council elected to adopt the State of California' s Uniform Public Construction Cost Accounting Procedures as outlined in the Uniform Public Construction Cost Accounting Act ( CUPCCA Act); and WHEREAS, on December 5, 2006, the City Council enacted Ordinance 06- 264, which added Chapter 3.0 (Informal Bidding) to the LMC; and WHEREAS, this chapter currently permits City staff to perform public project work valued under $ 60, 000 without a formal bidding requirement and established informal bidding procedures for projects ranging from $ 60, 000 to $ 200, 00, in compliance with the CUPCCA Act; and
WHEREAS, in November 2024, the State of California raised the maximum bidding thresholds, now allowing City staff to perform public project work under 75, 000 without formal bidding and permitting informal bidding procedures for projects between $ 75, 000 and $ 220, 00; and
WHEREAS, staff requests that the City Council amend LMC Chapter 3.0 to reflect these updated thresholds and align with the current limits established by the State of California' sPublic Contract Code; and
WHEREAS, staff requests that Council automatically adopt any future threshold adjustments based on the maximum amount allowable set forth in Public Contract Code 22034; and
WHEREAS, there is no direct fiscal impact associated with the adoption of the proposed ordinance amending LMC 3.0 Informal Bidding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Note: additions are shown below in underline font, deletions are shown in strikeout font.
Ordinance No. 25- 461
16 Chapter 3.0 INFORMAL BIDDING
3.0. 010 Application.
Contracts for work of $ 220, 00. $200, 00. or less shall be governed by the Uniform Public Construction Cost Accounting Act, Division 2, Part 3, Chapter 2, of the Public Contract Code, Section 22000 et seq. and this chapter of the Lathrop Municipal Code.
3.0. 030 Work of $ 75, 000. $60, 000or less.
Pursuant to Public Contract Code Sections 220033 and 22032, any work as defined in this chapter, of $ 75, 000. $60, 000. or less may be performed by the employees of the city by force account, by negotiated contract, or by purchase order.
3.0. 040 Informal bidding procedures.
Any work, as defined in this chapter, of $ 220, 00. $200, 00. or less may be contracted for by the informal bidding procedures set forth in this chapter.
3.0. 090 Bids received in excess of $220, 00. $200, 00..
If all bids received are in excess of $220, 00. $200, 00., the city council may, by passage of resolution by a four -fifths vote, award the contract for 6235, 000. $212, 500. 0, or less, to the lowest responsible bidder, if the city council determines that the cost estimate was reasonable.
Section 2.
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severalbility
If any provisions of this Ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the validity of any particular portions thereof.
Section 4. Effective Date
This Ordinance shall take legal effect and be in force thirty ( 30) days from and after the date of its passage.
Ordinance No. 25- 461
17 Section 5. Publication
Within fifteen ( 15) days after its final passage, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 9t" day of December 2024, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the _ day of , by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 25- 461
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ITEM 4. 5
CITY MANAGER' SREPORT
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
ITEM: REVIEW OF THE CAPITAL FACILITY FEE FUNDS
REPORT FOR FY 2023-024
RECOMMENDATION: Review of the Capital Facility Fee Funds Report for Fiscal Year 2023-024
SUMMARY:
Pursuant to the State of California Mitigation Fee Act ( also known as " AB 1600" CA Government Code Section 66006 et seq.), the City of Lathrop is required to provide an annual overview of fees collected by the Capital Facility Fee ( CFF) program as a result of new development. This report presents the background for each fee and shows last year' sfee schedules and history. The information provided is required by the Government Code ( GC) to be made available for public review and subsequently reviewed by City Council at the next regular meeting after being made public.
BACKGROUND:
The City' sCFF program was first instituted on October 10, 1990 to provide adequate capital facility improvements to serve new development within the City. Since then, the CFF program has been amended to ensure that new development pays its proportionate share of improvement costs needed as a result of new development.
In 2003, the CFF program was amended to include a broad range of capital facility fees and establish fees for a new development planned for West of I-5, mainly River Islands and Mossdale Landing.
In 2005, the CFF program was amended to establish fees for new development in the Central Lathrop Specific Plan ( CLSP) area and followed with revisions in 2007, adding the offsite roadway intersection improvements and the surface water supply fee components for the CLSP area.
In 2011, the CFF program was amended to establish the North Lathrop Transportation Impact Fee for new development impacting the Roth Road/ I-5interchange and the associated frontage roads in the North Lathrop area.
In May 2018, the CFF program was amended to keep pace with the rising cost of infrastructure, facilities and land. This amendment included adjusting existing fees for inflation and updating project costs for the West/ Central Lathrop Regional Transportation CFF, Surface Water Supply CFF, and the Water System CFF and establishing a new Sewer/ Recycled Water System CFF for the CLSP area.
In December 2018, the San Joaquin Area Flood Control Agency ( SJAFCA) Mossdale Tract Area Regional Urban Level of Flood Protection ( ULOP) Development Impact Fee 257
CITY MANAGER' SREPORT PAGE 2
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
REVIEW OF THE CAPITAL FACILITY FEE FUNDS REPORT FOR FY 2023-024 DIF) agreement replaced Lathrop' s 2017 Interim Levee Fee for the Reclamation District 17 Urban Level of Flood Protection Levee System Improvements.
In February 2019, the CLSP CFF Study update established a new In -Lieu Community Parks Dedication Fee, adjusted existing inflation fees and updated project costs and fees for the West/ Central Lathrop Regional Transportation and the Sewer/ Recycled Water System. The CLSP Neighborhood Park Capital Facility Fee was updated in February 2021 to reflect the actual park development costs realized by the developer of the CLSP.
In June 2019, the CLSP CFF Study established a new CFF for the Storm Drainage System Improvements - Watershed 2, Storm Drainage System Improvements - Watershed 4, Entitlements, and Prior Developer Account Open Items to reimburse the construction of storm drainage facilities and reimburse past expenditures associated with developing the CLSP area.
In October 2019, the South Lathrop Specific Plan ( SLSP) and the Lathrop Gateway Business Park Specific Plan ( LGBPSP) CFF Study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. In May 2020, the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.
In February 2020, the Sewer Reimbursement CFF Study established a new Sewer Reimbursement fee for the construction of oversized sewer facilities, including future construction of sewer facilities within the City.
In July 2022, the West/ Central Regional Transportation and Central Lathrop Specific Plan CFFs were updated to include new traffic signals, storm drainage facilities, and a water tank and booster pump facility located in the Central Lathrop Specific Plan.
On September 12, 2022, Lathrop City Council approved the Nexus Study Update for the Regional Urban Level of Flood Protection Levee Impact Fee. This update reflects an updated program cost estimate that addresses climate change and updates to program funding from other sources.
The CFF program provides a source of revenue by which new development within the City will contribute their fair share of the costs that directly affect the need to construct infrastructure or expand community public facilities to meet growth needs.
The City' sCFF program funds improvements in the following categories:
1. Transportation
a. Local
b. Regional
2. Culture and Leisure
3. Municipal Services
4. Storm Drainage
258
CITY MANAGER' SREPORT PAGE 3
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
REVIEW OF THE CAPITAL FACILITY FEE FUNDS REPORT FOR FY 2023-024
5. Administration
6. San Joaquin County Multi -Species Habitat
7. Environmental Mitigation
8. Park - In -Lieu
9. Water
10. Surface Water
11. Sewer
The Annual CFF report, included as Attachment" A", required by California GC 66006 et seq., was developed to identify the balances of fees in the Capital Facility Fee funds. The annual report provides the following information for each fee:
a detailed description
the fee amount
beginning and ending balances for the fiscal year
fees collected and interest earned
transfers, refunds, and expenditures
The expenditures have been further broken down to identify the public improvements on which the fees were expended and the amount of expenditures for each improvement.
The Five -Year CFF Fund Report provides an overview of the improvement projects identified in the CFF program. The report lists the estimated cost for each project and the approximate date available. The fees and project costs are adjusted annually based on the annual changes to the Engineering News -Record Construction Cost Index ( ENR CCI). The annual adjustment utilizing the ENR CCI ensures the current cost of construction and appropriate fees reflect the effects of inflation.
REASON FOR RECOMMENDATION:
The attached report was made public on December 20, 2024, pursuant to Section 66006 et seq. of the California Government Code, which requires a detailed report regarding the collection and expenditure of fees in the CFF program. Pursuant to the California GC, the report is required to be made public and the City Council is required to review the information made available to the public at its next regular scheduled meeting.
FISCAL IMPACT:
The cost for this item was staff time and materials to complete the attached report.
ATTACHMENTS:
A. Capital Facility Fee Funds Report for report period Fiscal Year 2023-024 259
CITY MANAGER' S REPORT PAGE 4
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
REVIEW OF THE CAPITAL FACILITY FEE FUNDS REPORT FOR FY 2023-024 APPROVALS:
I /)7i --z)
Bellal Nabizadah Date
Assistant Engineer
Brad
City ET#ylor gineer
Date
12/ Ss/ IDT. 4
iat Date
Comm " pity Development Director
Cari Ja
Finance Irector
C 7
Michael King
Assistant City Manager
6 / 2(-5
44. 2P -2S
Date
Date
Salvador Navarrete Date
City Attorney
2 •Z3 • ZoZj
aS
t• $-ZS
Stephen J. Salvatore Date
City Manager
260
ATTACHMENT
A ..
City of Lathrop
Capital Facility Fee Funds Report
2023 — 2024
Made Pursuant to Government Code
Section 66000 et seq.
Made Available for Public Review on:
December 20, 2024
City Council Agenda Date:
January 13, 2025
For further information, please contact:
Brad Taylor, City Engineer, Public Works Department
209) 941- 7438
261
Capital Facility Fee Funds Report
Table of Contents
Capital Facility Fee Fund Listing
Regional Transportation Impact Fee — 2230 3
Local Transportation Impact Fee — 2250 5
Culture and Leisure Capital Facility Fee — 2260 8
Municipal Services Capital Facility Fee — 2270 11
Storm Drainage Capital Facility Fee — 2280 14
Administration Capital Facility Fee — 2290 18
Environmental Mitigation Capital Facility Fee — 2310 20 Regional Levee Impact Fee — 2315 22
West Central Lathrop Transportation Capital Facility Fee — 2320 24 West Lathrop Specific Plan Regional Transportation Impact Fee — 2330 27 Lathrop Local East — 2340 and Lathrop Local West - 2360 29 Regional Transportation Impact Fee San Joaquin County — 2350 32 Regional Transportation Impact Fee San Joaquin Council of Governments 15% — 2370 34 Offsite Roadway Improvements Capital Facility Fee — 2380 36 North Lathrop Transportation Capital Facility Fee — 2420 38 Park in Lieu — 3410 40
Water Capital Facility Fee — 5610 42
Surface Water Capital Facility Fee — 5640 47
Sewer Capital Facility Fee — 6030 50
Report Period: July 1, 2023 to June 30, 2024 Page 2
262
Capital Facility Fee Funds Report
Regional Transportation Impact Fee — 2230
Regional Transportation Impact Fee — 2230
1. Fee Information
a. Description and History of Fee: This fee was collected to fund street improvements for Lathrop' s regional roadways. The fee originated in 1990 and was adopted by Lathrop City Council on October 10, 1990. The Regional Transportation Fee was calculated in coordination with the San Joaquin County Council of Governments to provide countywide transportation improvements for street and highway projects identified in the Congestion Management Program ( CMP). Improvements to both Lathrop and Interstate 5 are included in the CMP.
The fee was reevaluated in the November 1, 1994 CFF Update and was updated to reflect the effects of inflation. In addition, the McKinley Avenue and Yosemite Avenue Intersection Improvements were added to the CFF. Updates to the Regional fee were also done in September of 2003 and again in August of 2005. The 2003 and 2005 studies included adjusting the previous Capital Facility Fee in Historic Lathrop East) to reflect the effects of inflation.
The San Joaquin Regional Transportation Impact Fee ( RTIF) is automatically adjusted on an annual basis at the beginning of each fiscal year ( July 1) based on the Engineering News Record California Construction Code Index (CCCI).
b. Amount of Fee: The Regional Transportation Fee was changed to the San Joaquin Regional Transportation Impact Fee ( RTIF) as of February 20, 2006. Funds collected as a result of the newly adopted fee are reported in Funds 2340 and 2360. As of February 20, 2006, the Regional Transportation Fee is no longer collected.
Land Use Type Unit FY 23/4
Residential ( Single -Family) DUE 0-
Residential ( Multi -Family) DUE 0-
Retail Sq. Ft 0-
Office Sq. Ft 0-
Commercial/ Industrial Sq. Ft 0-
Report Period: July 1, 2023 to June 30, 2024 Page 3
263
Capital Facility Fee Funds Report
Regional Transportation Impact Fee — 2230
2. Fund Information ( During Reporting Period)
a. Beginning Fund Balance as of July 1, 2()3
b. Fees Collected
c. Interest Earned
d. Expenditures
e. Transfer Out
f. Refunds
g. Ending Fund Balance as of June 30, 2024
a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2230 expended during the reporting period? No b. Description of Transfers and Loans made from fund.
Were funds from Fund 2230 transferred or loaned during the reporting period? No c. Description of refunds made during reporting period.
Were funds from Fund 2230 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Regional Transportation Impact Fee Fund 2230 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2023-4. Please refer to the City' s 2023- 2028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
Report Period: July 1, 2023 to June 30, 2024 Page 4
264
Capital Facility Fee Funds Report
Local Transportation Impact Fee — 2250
Local Transportation Impact Fee — 2250
1. Fee Information
a. Description and History ofFee: This fee is collected to fund street improvements for existing city streets to accommodate for increased road usage due to new development. The Crossroads fee is an exception in that it is collected to reimburse the developer for infrastructure that was built with the original project.
The fee originated in 1990 and was adopted by the Lathrop City Council on October 10, 1990. The original fee was designed to fund the widening of local roads from two lanes to four lanes as well as the addition of traffic signals and turning lanes to increase the capacity ofintersections. In 1990 the Engineering Report for the Lathrop Traffic Mitigation Fee identified an estimated $ 6. 4 million in signal system, intersection and road widening improvements.
An update to the fee was adopted by the Lathrop City Council and adopted on November 1, 1994. The update included the same projects that were included in the original Capital Facility Fees ( CFF), with the exception of Louise Avenue and the addition of the McKinley Avenue Mainline Improvements. The widening and improvements of Louise Avenue between Harlan Road and Fifth Street were completed prior to the 1994 update ( with CFF funds as a contributing source) which is why Louise Avenue was omitted from the 1994 update.
The Local Transportation CFF was reevaluated in September 2, 2003 and again in August 1, 2005. The studies included adjusting the previous CFF in Historic Lathrop (East) to reflect the effects of inflation.
On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan ( SLSP) area.
The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study "Nexus Study" adopted on March 12, 2018 identified approximately
65. 8 million in interchange improvements, road -widening improvements, and railroad crossing improvements. In October 2019 the SLSP and the Lathrop Gateway Business Park Specific Plan LGBPSP) CFF study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. The LGBPSP CFF Study identified approximately $ 56. 7 million in transportation improvements. In May 2020 the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.
b. Amount of Fee: The amount of the fee varies by land use type and location.
East Lathrop/ North Harlan Unit July 1, 2023 to Jan. 1, 2024 to Land Use Type Dec. 31, 2023 June 30, 2024
Single Family Residential DU 4, 312 4,23
Multi -Family Residential DU 3, 170 3, 252
Commercial 1, 000 sqft 5, 888 6, 040
Industrial/ Warehouse 1, 000 sqft 1, 734 1, 779
Crossroads Unit July 1, 2023 to Jan. 1, 2024 to
Land Use Type Dec. 31, 2023 June 30, 2024
Commercial Acre 35, 645 36, 564
Industrial 1, 000 sqft 1, 294 1, 327
Report Period: July 1, 2023 to June 30, 2024 Page 5
265
Capital Facility Fee Funds Report
Local Transportation Impact Fee — 2250
South Lathrop Specific Unit July 1, 2023 to Jan. 1, 2024 to Plan- SLCC Plan Land Use Dec. 31, 2023 June 30, 2024
Type
Industrial/
Limited Industrial
1, 000 sqft 1, 551 1, 591
Office Commercial 1, 000 sqft 23, 776 24, 389
Retail Commercial 1, 000 sqft
Warehouse 1, 000 sqft 1, 551 1, 591
South Lathrop Specific Unit July 1, 2023 fr
Plan -Non SLCC Plan Dec. 31, 2023 June 30, 2024
Land Use Type
Industrial/
Limited Industrial
1, 000 sqft 1, 551 1, 591
Office Commercial 1, 000 sqft 23, 776 24, 389
Retail Commercial 1, 000 sqft
Warehouse 1, 000 sqft 1, 551 1, 591
Gateway Business Park Unit July 1, 2023 to Jan. 1, 2024 to Specific Plan Land Use Dec. 31, 2023 June 30, 2024
Type
Industrial/
Limited Industrial
1, 000 sqft 1, 547 1, 586
Office Commercial 1, 000 sqft 19, 945 20, 459
Retail Commercial 1, 000 sqft 7, 002 7, 183
Warehouse 1, 000 sqft 1, 547 1, 586
2. Fund Information ( During Reporting Period)
a. Beginning Fund Balance as of July 1, 2023 725, 982
b. Fees Collected 398, 749
c. Interest Earned 37, 719
d. Expenditures
e. Transfers Out 1, 000,00)
f. Refunds
g. Ending Fund Balance as of June 30, 2024 162, 450. 06 Report Period: July 1, 2023 to June 30, 2024 Page 6
266
Capital Facility Fee Funds Report
Local Transportation Impact Fee — 2250
a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2250 expended during the reporting period? No b. Description of Transfers and Loans made from fund.
Were funds from Fund 2250 transferred or loaned during the reporting period? Yes A total of $1, 000,00 was transferred from Fund 2250 to the following projects:
300, 00to the Lathrop Road and I-5 Improvements Project PS 06- 16 700, 00to the Louise Avenue and McKinley Avenue Signal Improvements Project PS 15- 02
c. Description of refunds made during reporting period.
Were funds from Fund 2250 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Local Transportation Impact Fee Fund 2250 currently has funds appropriated to the Capital Improvement Program ( CIP) Project listed below for Fiscal Year 2023-4. Please refer to the City' s2023- 2028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
Louise Ave & McKinley Avenue
Si -1 al Im . rovements, PS 15- 02
1,41, 327 59
Total 1,41, 327
Report Period: July 1, 2023 to June 30, 2024 Page 7
267
Capital Facility Fee Funds Report
Culture and Leisure Capital Facility Fee — 2260
Culture and Leisure Capital Facility Fee — 2260
1. Fee Information
a. Description and History of Fee: The Culture and Leisure Capital Facility Fee is collected to fund costs for the completion of Neighborhood, Community and Linear Parks, a Library, Cultural Center, Senior Center and Community Center.
The Culture and Leisure Capital Facility Fee was first implemented with the adoption of the October 10, 1990 CFF Study Report. The original fee collected funds merely for Parks and a Library. The Capital Facility Fee program was reevaluated in 1994 and in addition to a park and library component, a component for a cultural center was added. Adopting this change increased the fee for both Single Family from $ 1, 627 to $ 1, 789) and Multi -Family (from $1, 084 to $ 1, 295) residential dwelling units.
In September of 2003, the City Council again adopted a revision to the Culture and Leisure CFF. This amendment to the CFF was implemented to capture the new direction in which the City was headed. The City has since approved planned communities, that combined exceed 17, 000 new homes, for Mossdale Landing, Central Lathrop Specific Plan Area and River Islands. These communities have pushed Lathrop' spopulation well over the 12, 980 projection for year 2010 ( as of January 2011, the City of Lathrop' spopulation was estimated at over 18, 656) hence the need for an increase in facilities. The 2003 update increased the fee significantly for both Single Family and Multi -Family residential dwelling units and added a Senior Center to the list of facilities.
The 2005 update to the Culture and Leisure CFF split the fee into two separate components; Parks and Facilities. This was done to ensure enough monies were collected for both areas of culture and leisure as well as to ensure the importance of both sub -components. This update also included an increase to capture the effects of inflation.
The Culture and Leisure CFF was reevaluated May 3, 2018 adjusting the previous CFF to reflect the effects of inflation. The studies also included adjusting the total library space to 31, 100 square feet at build out as well as a reduction in the library square footage standard to 475 square feet per 1, 000 residents.
Additionally, the 5. 76 acre of land associated with the Generation Center was added to the CFF program with no net increase to the CFF rates for the Culture and Leisure Facility sub -component.
The Central Lathrop Specific Plan ( CLSP) Neighborhood Park Capital Facility Fee was updated on February 8, 2021, to be consistent with the actual park development costs realized by the primary developer of the CLSP. The cost to construct the CLSP neighborhood park improvement was estimated to be $ 298, 501 per acre in the development agreement. Subsequently, it was inflated to $ 322, 65per acre in 2020, based on the ENR 20 -City Construction Cost Index ( the " CCI"). Based on the actual development costs for the Phase lA Neighborhood Park constructed by Saybrook in 2020, the total cost increased to 390, 251 per acre.
Report Period: July 1, 2023 to June 30, 2024 Page 8
268
Capital Facility Fee Funds Report
Culture and Leisure Capital Facility Fee — 2260
b. Amount of Fee: The amount of the fee varies by land use type and location.
Accounting Period
July 1, 2023 to Dec. 31, 2023 January 1, 2024 to June 30, 2024 Land Use Type ( Unit)
Historical
North Harlan
op
Mossdale Village
Central
Lathrop
Historical
Lathrop North
Hlan
Mossdale
Village
Central Lathrop
Single Family (DU)
Neighborhood Parks 6,96 4, 661 6, 868 4, 781
Community/ Linear
Parks 4, 641 4, 760
Facilities 4, 102 4, 102 4, 208 4, 208
Multi -Family ( DU)
Neighborhood Parks 4, 782 3,29 4, 906 3, 415
Community/ Linear
Parks 3,15 3, 401
Facilities 2, 929 2, 929 3, 004 3, 004
Accounting Period
July 1, 2023 to Dec. 31, 2023 January 1, 2024 to June 30, 2024 Land Use Type ( Unit) Mossdale Landing Stewart Tract Mossdale Landing Stewart Tract Single Family (DU)
Parks 6,94 6, 867
Facilities 2, 688 4, 102 2, 757 4, 208
Multi -Family ( DU)
Parks 4, 780 4, 904
Facilities 1, 919 2, 929 1, 968 3, 004
2. Fund Information ( During Reporting Period)
Source Amount
a. Beginning Fund Balance as
of July 1, 2023 17, 622, 289
b. Fees Collected 8, 521, 112
c. Interest Earned 963, 779
d. Expenditures 1, 628, 48)
e. Transfers Out 4, 951, 198)
f. Refunds
g. Ending Fund Balance as of
June 30, 2024 20, 527, 494.5
Report Period: July 1, 2023 to June 30, 2024 Page 9
269
Capital Facility Fee Funds Report
Culture and Leisure Capital Facility Fee — 2260
a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2260 expended during the reporting period? Yes b. Transfers and Loans: Description of Transfers and Loans made from fund.
Were funds from Fund 2260 transferred or loaned during the reporting period? Yes A total of $4, 951, 198 was transferred from Fund 2260 to the following projects; 3, 750, 000to Lathrop Community Center Project PK 22- 05 300, 00to the Cricket Pitch on Banta School Property Project PK 22- 40 119, 830 to reimburse developer
781, 368 to reimburse CLSP for parks
c. Refunds: Description of refunds made during reporting period.
Were funds from Fund 2260 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Culture and Leisure Capital Facility Fee Fund 2260 currently has funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2023-4. Please refer to the City' s 2023-028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
New Lathrop Community Center,
PK 22- 05
6, 599, 999 100
Shilling Avenue Park Improvements,
PK 22- 34
370, 00 27
Total 6, 969,99
Report Period: July 1, 2023 to June 30, 2024 Page 10
270
Capital Facility Fee Funds Report
Municipal Services Capital Facility Fee — 2270
Municipal Services Capital Facility Fee — 2270
1. Fee Information
a. Description and History of Fee: The Municipal Services Capital Facility Fee is collected to fund costs related to a new City Hall, Police Station, Corporation Yard and Animal Shelter needed to support the growth of the City.
The Municipal (City) Services Capital Facility Fee ( CFF) was first implemented with the adoption of the October 10, 1990 CFF Study Report. The original fee collected monies to fund a new city hall, police station and a corporation yard for field staff ( operations and maintenance). The Capital Facility Fee program was reevaluated in 1994 and in addition to the facilities previously adopted with the original study; a component for an Animal Control Facility was added. Adopting this change increased the fee for residential land use types as well as for commercial and industrial.
In September of 2003, the City Council again adopted a revision to the Municipal Services CFF. This amendment to the CFF was implemented to ensure that the City was collecting enough monies to fund the facilities needed to accommodate new development as the existing facilities ( excluding city hall) do not meet the City' sservice level standards.
The City was contracted with the City of Manteca for its animal control shelter facilities since Lathrop did not have one ofits own.
The City' sPolice Services Department, previously contracted with the San Joaquin County Sheriffs Department, is too small to expand for the City' santicipated growth. At build out there will not be enough room to expand for the projected 1. 5 sworn peace officers per 1, 000 residents.
The Corporation Yard facility that houses most of the City' sfield staff (maintenance and operations) as well as much of the City' sequipment and vehicles is too small to accommodate for growth.
A 2005 update to the Municipal Services CFF increased the fee to reflect the effects of inflation.
Additionally, a Performing Arts Center was added to accommodate the City' sgrowing population and a Wireless Network was added to ensure that the City is keeping up with technology to offer residents and employees the highest level of service.
On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan ( SLSP) area.
The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study " Nexus Study" adopted on March 12, 2018 identified SLSP will also be subject fund future development fair share of the cost of municipal buildings and facilities.
Report Period: July 1, 2023 to June 30, 2024 Page 11
271
Capital Facility Fee Funds Report
Municipal Services Capital Facility Fee — 2270
b. About the Fee: The amount ofthe fee varies by land use type and location. The fees are as follows:
Accounting Period
July 1, 2023 to
December 31, 2023
January 1, 2024 to
June 30, 2024
Land Use Type ( Unit)
East Lathrop/ North Harlan/
Mossdale Village/
Crossroads/
Central Lathrop/ Stewart Tract
East Lathrop/ North Harlan/
Mossdale Village/
Crossroads/
Central Lathrop/ Stewart Tract
Single Family (DU)
Residential 4, 596 4, 714
Multi -Family (DU)
Residential 3, 282 3,67
Service Retail
Per 1, 000 sf.) 2, 995 3, 072
Other Non -Residential
Per 1, 000 sf.). 1, 812 1, 859
Accounting Period
July 1, 2023 to
December 31, 2023
January 1, 2024 to
June 30, 2024
Land Use Type Mossdale Landing Mossdale Landing
Single Family
Residential 4, 514 4, 631
Multi -Family
Residential 3, 225 3,09
Service Retail
Per 1, 000 sf.) 2, 931 3, 006
Other Non -Residential
Per 1, 000 sf.) 1, 773 1, 819
Accounting Period
July 1, 2023 to
December 31, 2023
January 1, 2024 to
June 30, 2024
Land Use Type
South Lathrop Specific Plan —
SLCC/ Non SLCC,
Gateway Business Park
South Lathrop Specific Plan —
SLCC/ Non SLCC,
Gateway Business Park
Service Retail
Per 1, 000 sf.) 2, 995 3, 072
Other Non -Residential
Per 1, 000 sf.) 1, 812 1, 859
Report Period: July 1, 2023 to June 30, 2024 Page 12
272
Capital Facility Fee Funds Report
Municipal Services Capital Facility Fee — 2270
2. Fund Information ( During Reporting Period)
a. Beginning Fund Balance as of July 1, 2023
b. Fees Collected
6, 379, 728
4, 003, 369
c. Interest Earned 646, 308
d. Expenditures
e. Transfers Out
f. Refunds
5, 017, 900)
g. Ending Fund Balance as of June 30, 2024 6, 011, 505. 4 a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2270 expended during the reporting period? No b. Description of Transfers and Loans made from fund.
Were funds from Fund 2270 transferred or loaned during the reporting period? Yes A total of $5, 017, 900 was transferred from Fund 2270 to the following projects; 377, 900 was transferred to the City Hall Facility service debt. 4, 640, 000 was transferred to the Corp Yard Project, GG 21- 13. c. Description of refunds made during reporting period.
Were funds from Fund 2270 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Municipal Services Fee Fund 2270 currently has funds appropriated to the Capital Improvement Program ( CIP) Project listed below for Fiscal Year 2023-4. Please refer to the City' s2023-028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
S kk
Co • Yard Im . rovements, GG 21- 13 10,20, 000 100
Total 10,20, 000
Report Period: July 1, 2023 to June 30, 2024 Page 13
273
Capital Facilities Fee Funds Report
Storm Drainage Capital Facility Fee — 2280
Storm Drainage Capital Facility Fee — 2280
1. Fee Information
a. Description and History of Fee: This Storm Drainage Capital Facility Fee ( CFF) is collected to fund storm drainage improvements to support new development. The Crossroads fee is an exception in that it is collected to reimburse the developer for infrastructure that was built with the original project.
On February 20, 1987, San Joaquin County Ordinance Number 3297 established a fee of $1, 000 per gross acre of land to reimburse the costs of establishing the storm drain system known as " City Service Zone 1". This fee was to be updated every year by the Engineering News Record ( ENR) Construction Cost Index for inflation.
On July 7, 1992, the City adopted a Storm Drain Master Plan which identified the facilities in place, existing deficiencies, and needed improvements for terminal storm drainage in areas of the existing City and surrounding area. Storm drainage CFFs were established in 1994. The City' s only terminal storm drain system consisted of the former County Service area 4, Zones A & B ( designed by the County), which included most of the populated areas of the City at that time. This system has been expanded on several occasions as a result of new growth and has been re -designated as " Storm Drain City Zone 1".
The Storm Drainage Capital Facility Fee was reevaluated in September 2, 2003 and again in August 1, 2005. The studies included adjusting the previous Capital Facility Fee in Historic Lathrop (East) to reflect the effects of inflation. Additionally, new CFF fees were established for the Mossdale development area to be used as funding for the improvement the development community would be constructing.
New development that occurs in the areas surrounding City Zone 1 must pay a fee to the Area of Benefit District No. 6, which was established by San Joaquin County (Ord. 3297) to reimburse the capital costs of constructing the trunk and outfall lines of the current system.
On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan ( SLSP) area.
The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study "Nexus Study" adopted on March 12, 2018 identified approximately
1. 7 million to construct an outfall facility that would be allocated equally to the three developments that will benefit from this facility.
In June 2019, the Central Lathrop Specific Plan ( CLSP) CFF Study established a fee program for the CLSP area. The CLSP CFF Study identified approximately $ 13. 9 million storm drainage improvements.
In October 2019 the SLSP and the Lathrop Gateway Business Park Specific Plan ( LGBPSP) CFF study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. The LGBPSP CFF Study identified approximately $ 12. 8 million storm drainage facilities improvements. In May 2020, the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.
In July 2022, the CLSP storm drainage fees were updated to reflect the actual costs of the storm drainage facilities serving the area. The effective date of the updated fees were October 10, 2022.
Report Period: July 1, 2023 to June 30, 2024 Page 14
274
Capital Facilities Fee Funds Report
Storm Drainage Capital Facility Fee — 2280
b. Amount of Fee: The amount of the fee varies by land use type and location.
July 1, 2023 to
December 31, 2023
January 1, 2024 to
June 30, 2024
Land Use Type Unit East
Lathrop
North
Harlan
Mossdale East
Lathrop
North
Harlan
Mossdale
Low Density Residential DU 1, 083 1, 083 414 1,11 1,1 424 Medium Density Residential DU 284 291
High Density Residential DU 222 228
Village Commercial Acre 5, 127 5, 259
Service Commercial Acre 7, 445 7, 445 5, 127 7, 637 7, 637 5, 259 Freeway Commercial Acre 13, 360 13, 360 5, 127 13, 704 13, 704 5, 259 Neighborhood Commercial Acre 3,07 3,07 5, 127 3,92 3,92 5, 259 Limited Industrial Zone 5 Acre 10, 392 10, 392 10, 660 10, 660 Limited Industrial Other Zones Acre 5, 792 5, 792 5, 942 5, 942 General Industrial Acre 7, 033 7, 033 7, 214 7, 214
Transit Station ( Lathrop Road) Acre 6,18 6,18 6, 788 6, 788 Fire Station (Yosemite) Acre 7, 455 7, 445 7, 637 7, 637 Area of Benefit 6 Acre 2, 886 2, 961
Crossroads Land Use Type Unit July 1, 2023 to
Dec. 31, 2023
Jan. 1, 2024 to
June 30, 2024
Onsite Acre 15, 428 15, 825
Offsite Acre 8, 798 9, 024
July 1, 2023 to
October 9, 2023
October 10, 2023 to
December 31, 2023
January 1, 2024 to
June 30, 2024
Land Use Type Unit CLSP
Storm Drain
WS2)
CLSP
Storm Drain
WS4)
CLSP
Storm Drain
WS2)
CLSP
Storm Drain
WS4)
CLSP
Storm Drain
WS2)
CLSP
Storm Drain
WS4)
All Developmer Acre 63, 943 47, 839 65, 592 49, 073
Single Family DU 10,91 10, 454
Multi -Family DU 3, 548 3, 639
July 1, 2023 to
December 31, 2023
January 1, 2024 to
June 30, 202
Land Use Type Unit SLSP -
Non SLCC
Storm Drainage)
SLSP - Non SLCC
Regional
Storm Drainage)
SLSP -
Non SLCC
Drainage)
SLSP — Non SLCC
Regional
Storru Drainage)
OFC Commercial 1, 000 sf. 74, 082 5, 673 75, 992 5, 820 Limited WHS 1, 000 sf. 74, 082 5, 673 75, 992 5, 820
Warehouse 1, 000 sf. 74, 082 5, 673 75, 992 5, 820
Report Period: July 1, 2023 to June 30, 2024 Page 15
275
Capital Facilities Fee Funds Report
Storm Drainage Capital Facility Fee — 2280
July 1, 2023 to
December 31, 2023
January 1, 2024 to
June 30, 2024
Land Use Type Unit Lathrop Gateway
Storm Drainage)
Lathrop Gateway
Regional
Storm Drainage)
Lathrop Gateway
Storm Drainage)
Lathrop Gateway
Regional
Storm Drainage) a.
Shopping Center 1, 000 sf. 4,51 421 4, 565 432
Office Park 1, 000 sf. 3, 904 369 4, 005 379
Industrial Park 1, 000 sf. 2, 415 228 2, 477 234
Warehouse 1, 000 sf. 2, 415 228 2, 477 234
2. Fund Information ( During Reporting Period)
a. Beginning Fund Balance as of July 1, 2023 28, 686
b. Fees Collected 1, 953, 346
c. Interest Earned 12,94
d. Expenditures 2, 083, 278)
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2024 89, 051. 85) a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2280 expended during the reporting period? Yes A total of $2, 083, 278 was expensed from Fund 2280 to the following projects; 243, 763 for the City' sshare of the South Lathrop' sRegional Outfall Structure. 61, 146 for Central Lathrop Specific Plan
1, 778, 457to reimburse developers for constructing public improvements. b. Description of Transfers and Loans made from fund.
Were funds from Fund 2280 transferred or loaned during the reporting period? No c. Description of refunds made during reporting period.
Were funds from Fund 2280 refunded during this reporting period? No Report Period: July 1, 2023 to June 30, 2024 Page 16
276
w+m
Capital Facilities Fee Funds Report
Storm Drainage Capital Facility Fee — 2280
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Storm Drainage Capital Facility Fee Fund 2280 currently does not have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2023-4. Please refer to the City' s 2023- 2028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
Report Period: July 1, 2023 to June 30, 2024 Page 17
277
Capital Facilities Fee Funds Report
Administration Capital Facility Fee — 2290
Administration Capital Facility Fee — 2290
1. Fee Information
a. Description and History of Fee: The purpose of the capital facility fee program is to provide a source of revenue by which new development within the City will contribute a fair and proportionate share of the cost of providing infrastructure and community facilities commensurate with the benefits received. Under Government Code Section 66000 et seq., the City is required to separately account for revenues and expenditures within the capital facilities fee funds and is allowed to apply an appropriate fee for administration of Transportation, Municipal Services, Culture and Leisure, and Regional Levee Fees as identified in the report titled " City of Lathrop Capital Facilities Fees, As Amended September 2, 2003" and the " Mossdale Tract Area Regional Urban Level of Flood Protection Levee Impact Fee, Nexus Study, Adopted by SJAFCA, Resolution No. 18- 21, November 8, 2018".
In June 2019, the Central Lathrop Specific Plan ( CLSP) CFF Study established fees to reimburse past expenditures associated with developing the CLSP area. In October 2019, the Lathrop Gateway Business Park Specific Plan ( LGBPSP) CFF study established a fee program. In May 2020, the CFF program was updated based on actual facility construction costs for the SLSP and LGBPSP development areas.
b. Amount of Fee: This fee is calculated as a percentage of the capital facilities fees charged prior to issuance of the building permit. Currently the fee is 3% of all capital facility fees applicable to the project.
2. Fund Information ( During Reporting Period)
a. Beginning Fund Balance as of July 1, 2023 3, 668, 935 b. Fees Collected 886, 35
c. Interest Earned 181, 390
d. Expenditures
e. Transfers Out 100, 00)
f. Refunds
g. Ending Fund Balance as of June 30, 2024 4, 636,89. 82 a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2290 expended during the reporting period? No Report Period: July 1, 2023 to June 30, 2024 Page 18
278
Capital Facilities Fee Funds Report
Administration Capital Facility Fee — 2290
b. Description of Transfers and Loans made from fund.
Were funds from Fund 2290 transferred or loaned during the reporting period? Yes A total of $ 100, 00 was transferred from Fund 2290 to cover the Capital Facility Fee Program administration costs.
100, 00 was transferred to the Admin Services, General Fund. c. Description of refunds made during reporting period.
Were funds from Fund 2290 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Administration Capital Facility Fee Fund 2290 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2023-4. Please refer to the City' s 2023- 2028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
Report Period: July 1, 2023 to June 30, 2024 Page 19
279
Capital Facilities Fee Funds Report
Environmental Mitigation Capital Facility Fee — 2310
Environmental Mitigation Capital Facility Fee — 2310
1. Fee Information
a. Description and History of Fee: One of the environmental mitigation measures required in relation to development on the west side of Interstate 5 is the protection of habitat for the Riparian Brush Rabbit. To meet this requirement, land in the " oxbow" along the San Joaquin River was acquired, fenced, and maintained as protected habitat. This fee will be used to acquire the land and construct a fence needed to protect the rabbit as identified in the report titled " City of Lathrop Capital Facilities Fees, As Amended September 2, 2003." Ongoing maintenance costs are to be funded through an endowment or other means, and are not included herein.
b. Amount of Fee: The amount of the fee varies by land use type and location and is only applicable to the Mossdale Village/ Landing area.
July 1, 2023 to
December 31, 2023
January 1, 2024 to
June 30, 2024
Low Density Residential 241 248
Medium Density
Residential
137 140
High Density Residential 50 51
Village Commercial 1,56 1,85
Service Commercial 1,56 1,85
Freeway Commercial 1,56 1,85
Waterfront Resort
Commercial
1,56 1,85
2. Fund Information During Reporting Period
a. Beginning Fund Balance as of July 1, 2023
b. Fees Collected
c. Interest Earned
d. Expenditures
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2024
Report Period: July 1, 2023 to June 30, 2024 Page 20
280
Capital Facilities Fee Funds Report
Environmental Mitigation Capital Facility Fee — 2310
a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2310 expended during the reporting period? No b. Description of Transfers and Loans made from fund.
Were funds from Fund 2310 transferred or loaned during the reporting period? No c. Description of refunds made during reporting period.
Were funds from Fund 2310 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2023-024: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Environmental Mitigation Fund 2310 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2023-4. Please refer to the City' s 2023-028
Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
Report Period: July 1, 2023 to June 30, 2024 Page 21
281
Capital Facilities Fee Funds Report
Regional Levee Impact Fee — 2315
Regional Levee Impact Fee — 2315
1. Fee Information
a. Description and History of Fee: In 2007, the legislature passed California State Bill 5 ( SB5), which requires the state to develop and adopt a comprehensive Central Valley Flood Protection Plan ( CVFPP), The CVFPP was approved by the Central Valley Flood Protection Board in June 2012. In January 2017, Lathrop City Council approved the Interim Urban Levee of Flood Protection Levee Impact Fee ( Nexus Study), Ordinance No. 17- 374, adding the fee to the Capital Facility Fee Program to fund the design and construction of levee system improvements to provide 200 -year flood protection to the Reclamation District 17 area.
On December 10, 2018, Lathrop City Council approved the Regional Levee Impact Fee Collection Agreement with San Joaquin Area Flood Control Agency ( SJAFCA) and Cities of Lathrop, Manteca, Stockton and San Joaquin County for the collection of the San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Levee Flood Protection Development Impact Fee. Replacing the Interim Urban Levee of Flood Protection Levee Impact Fee as a result. The Regional Levee Impact Fee is collected by the Land Use Agencies in accordance with the agreement for collection of the San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee.
On September 12, 2022, Lathrop City Council approved the Nexus Study Update for the Regional Urban Level of Flood Protection Levee Impact Fee. This update reflects an updated program cost estimate that addresses climate change and updates to program funding from other sources. The effective date of the updated fee was November 11, 2022.
b. Amount of Fee: The amount ofthe fee varies by planned new development land use type.
Unit July 1, 2023 to
November 10, 2023
November 11, 2023 to
June 30, 2024
Land Use
Type
Per Gross
Developable
Levee Impact Admin
Fee
Levee Impact Admin Fee
Single Family
Residential
Acre 22, 633 700 22, 633 700
Multi -Family
Residential
Acre 21, 180 655 21, 180 655
Commercial Acre 21, 415 662 21, 415 662
Industrial Acre 16, 774 519 16, 774 519
Report Period: July 1, 2023 to June 30, 2024 Page 22
282
Capital Facilities Fee Funds Report
Regional Levee Impact Fee — 2315
2. Fund Information During Reporting Period
Source Amount
a. Beginning Fund Balance as of July 1, 2023
b. Fees Collected 1, 715, 074
c. Interest Earned
d. Expenditures 1, 715, 074)
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2024
a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2315 expended during the reporting period? Yes A total of $1, 715, 074 was expensed from Fund 2315 to SJAFCA pursuant to the approved Regional Levee Impact Fee Collection Agreement for the Mossdale Tract Area Regional Urban Levee Flood Protection Development Impact Fee.
b. Description of Transfers and Loans made from fund.
Were funds from Fund 2315 transferred or loaned during the reporting period? No c. Description of refunds made during reporting period.
Were funds from Fund 2315 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2023-024: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Regional Levee Impact Fee Fund 2315 will not have funds appropriated to any Capital Improvement Program ( CIP) Projects. Its purpose is to collect and transmit the development impact fee to SJAFCA to fund construction of the development impact fee projects identified in the Mossdale Tract Area Regional Urban Level of Flood Protection Levee Impact Fee Study " Final Nexus Study" adopted November 8, 2018, SJAFCA, Resolution No. 18- 21.
Report Period: July 1, 2023 to June 30, 2024 Page 23
283
Capital Facilities Fee Funds Report
West Central Lathrop Transportation Capital Facility Fee — 2320 West Central Lathrop Transportation Capital Facility Fee — 2320
1. Fee Information
a. Description and History of Fee: The West/ Central Lathrop Regional Transportation Fee is a supplemental fee collected, in conjunction with the original 1997 WLSP ( West Lathrop Specific Plan) Regional Transportation Fee, in order to fund traffic improvements needed as a result of new development.
Negotiations between developers and City staff concluded that a West/ Central Lathrop Regional Traffic Impact Fee would be added to the Capital Facilities Fee ( CFF) Program that would help to fund projects identified in the 1997 WLSP Regional Fee as well as to fund newly added improvements.
The W/ C Lathrop Regional Transportation Fee was derived as a result of a traffic study performed by TJKM Transportation Consultants that evaluated trips to / from the regional areas of Lathrop to / from five major service areas within Lathrop: Central Lathrop Specific Plan Area, Mossdale Village, River Islands, Historic Lathrop and area outside of the city limits.
The West Central Lathrop Transportation CFF was reevaluated January 23, 2019. After further review City staff found the project cost were consistent with current cost estimates to construct the improvements with exception of the Louise Avenue Interchange and the Paradise Avenue Interchange improvements.
As a
result, the fee study includes adjusting the previous CFF to reflect the effects of inflation as well as an increase to the rates for Central Lathrop, Mossdale Village and River Islands.
In July 2022, the West Central Transportation CFF was updated to include new traffic signals. The effective date of the updated fees were October 10, 2022 b. Amount of Fee: The amount of the fee varies by land use type and location.
July 1, 2023 to December 31, 2023
Land Use Type Unit
Mossdale
Village
Mossdale
Landing
Central
Lathro 1
River Islands —
Stewart Tract
Single Family DU 4, 216 3, 179 4,25 4, 847
Multi -Family DU 2, 600 1954 2, 717 2, 976
Retail
Commercial 1, 000 sf 6,78 5, 040 5, 639 8, 055
Service/ Office
Commercial 1, 000 sf 6, 048 4, 567 4, 119 4,47
January 1, 2024 to June 30, 2024
Land Use Ty? eUnit
Mossdale
Village
Mossdale
Landing
Central
Lathrol
River Islands —
Stewart Tract
Single Family DU 4, 325 3, 261 4, 539 4, 972
Multi -Family DU 2, 667 2, 005 2, 787 3, 052
Retail
Commercial 1, 000 sf 6, 851 5, 170 5, 784 8, 263
Report Period: July 1, 2023 to June 30, 2024 Page 24
284
Capital Facilities Fee Funds Report
West Central Lathrop Transportation Capital Facility Fee — 2320 Service/ Office
Commercial 1, 000 sf 6, 204 4, 685 4, 225 4, 562
2. Fund Information ( During Reporting Period)
a. Beginning Fund Balance as of July 1, 2023 15, 832, 622 b. Fees Collected 3, 707, 526
c. Interest Earned 763, 898
d. Expenditures 148, 837)
e. Transfers Out 3, 503, 406)
f. Refunds
g. Ending Fund Balance as of June 30, 2024 16, 651, 803. 77 a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2320 expended during the reporting period? Yes A total of $148, 837 was expensed from Fund 2320 to the following projects; 46, 071 To reimburse developers for construction public improvements 102, 766 to reimburse developers for Central Pacific Street and Spartan Way b. Description of Transfers and Loans made from fund.
Were funds from Fund 2320 transferred or loaned during the reporting period? Yes A total of $3, 503, 406 was transferred from Fund 2320 to cover the cost of the following projects; 3, 000,00 was transferred to Louise Avenue and I-5 Improvements Project PS 06-6 503, 406 was transferred to Manthey Bridge Project PS 12- 04 c. Description of refunds made during reporting period.
Were funds from Fund 2320 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
Report Period: July 1, 2023 to June 30, 2024 Page 25
285
Capital Facilities Fee Funds Report
West Central Lathrop Transportation Capital Facility Fee — 2320 The West Central Lathrop Transportation Capital Facility Fee Fund 2320 currently has funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2023-4. Please refer to the City' s 2023-028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
Manthey Road Bridge
Re . lacement, PS 12- 04
Louise Avenue/ I-5Interchange
Ri ' t-of- Wa . PS 06-6
Report Period: July 1, 2023 to June 30, 2024 Page 26
286
Capital Facilities Fee Funds Report
West Lathrop Specific Plan Regional Transportation Impact Fee — 2330 West Lathrop Specific Plan Regional Transportation Impact Fee — 2330
1. Fee Information
a. Description and History of Fee: The West Lathrop Specific Plan ( WLSP) Regional Transportation Impact Fee is collected from planned communities in the Central Lathrop area, Mossdale Village area and the River Islands area to fund regional road improvements needed as a result of new development west of Interstate 5.
The original fee was first developed in 1997 by the Fee Development Committee which is comprised of representatives from the City of Lathrop, San Joaquin Council of Governments, Caltrans, The Crane Transportation Group and Califia ( a River Islands affiliate). The Committee was to evaluate existing transportation facilities to determine if they were sufficient to accommodate for new growth and, if insufficient, to identify the need for additional street infrastructure.
Upon determining a transportation level of service ( LOS), the development projections for the City and project level impacts, a list of transportation system improvements was compiled. This list of improvements was utilized to determine a fee to fund the necessary improvement projects.
The West Central Lathrop Transportation CFF was reevaluated May 3, 2018. After further review City staff found the project cost were consistent with current cost estimates to construct the improvements with exception of the Louise Avenue Interchange and the Paradise Avenue Interchange improvements.
As a result, the fee study includes adjusting the previous CFF to reflect the effects of inflation as well as an increase to the rates for Central Lathrop, Mossdale Village and River Islands. b. Amount ofFee: The amount of the fee for the West Lathrop Specific Plan Regional Transportation Fee varies by land use type.
Land Use Type Unit July 1, 2023 to
December 31, 2023
January 1, 2024
to June 30, 2024
Single Family DU 415 426
Multi Family DU 486 499
Retail Commercial 1, 000 sf 2, 324 2, 384
Service Commercial 1, 000 sf 644 661
2. Fund Information During Reporting Period
a. Beginning Fund Balance as of July 1, 2023
b. Fees Collected
267, 134
439, 614
c. Interest Earned 16, 960
d.
e.
f.
Expenditures
Transfers Out
Refunds
8, 440)
100, 00)
g. Ending Fund Balance as of June 30, 2024 615, 267. 62 Report Period: July 1, 2023 to June 30, 2024 Page 27
287
Capital Facilities Fee Funds Report
West Lathrop Specific Plan Regional Transportation Impact Fee — 2330 a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2330 expended during the reporting period? Yes A total of $8, 440 expensed from Fund 2330 to the following projects; 8, 440 to reimburse development for constructed public improvements. b. Description of Transfers and Loans made from fund.
Were funds from Fund 2330 transferred or loaned during the reporting period? Yes A total of $100, 00 was transferred from Fund 2330 to the Manthey Bridge Project PS 12- 04 c. Description of refunds made during reporting period.
Were funds from Fund 2330 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The West Lathrop Specific Plan Regional Transportation Impact Fee Fund 2330 currently has funds appropriated to the Capital Improvement Program ( CIP) Project for Fiscal Year 2023-4. Please refer to the City' s2023-028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
Manthey Road Bridge Replacement,
PS 12- 04
472, 150 1
Total 472, 150
Report Period: July 1, 2023 to June 30, 2024 Page 28
288
Capital Facilities Fee Funds Report
Lathrop Local East Fee — 2340 and Lathrop Local West Fee - 2360 Lathrop Local East - 2340 and Lathrop Local West - 2360
1. Fee Information
a. Description and History of Fee: The Regional Transportation Impact Fee ( RTIF) San Joaquin County was adopted by City Council on December 20, 2005. This fee was adopted to address traffic volumes exceeding the capacity of the regional network ofhighways and arterials existing in San Joaquin County.
It was determined that existing funding sources, including federal, state, and local sources, will be inadequate to construct the Regional Transportation Network needed to avoid unacceptable levels of traffic congestion and related adverse impacts.
The City of Lathrop has an existing local and regional transportation capital facilities fee (CFF) system in place which began with the West Lathrop Regional Transportation Impact Fee adopted in 1997. In 2003, the City created the West/ Central Lathrop Regional Transportation CFF which picked up where the WLSP RTIF ended, by providing for other transportation improvements needed to meet the increase in development in West and Central Lathrop Specific Plan areas. Several other transportation -related CFFs as covered in this report) have been created to address improvements as areas have developed.
The San Joaquin RTIF effectively updates and is incorporated into the WLSP RTIF. RTIF — Lathrop Local East ( Fund 234) was created to account for fees collected from new development in East Lathrop under the new schedule. RTIF — Lathrop Local West ( Fund 236) also accounts for fees collected for new development in West Lathrop under the San Joaquin RTIF fee schedule. Both funds will be used in accordance with the RTIF Operating Agreement in their prospective areas. b. Amount of Fee: The amount of the fee varies by land use type and location. The fees are as follows:
Land Use Type Unit July 1, 2023 to
June 30, 2024
Single Family DU 4,41
Multi Family DU 2, 664
Industrial 1, 000 sf 1, 350
Service/ Office Commercial 1, 000 sf 2,20
Retail Commercial 1, 000 sf 1, 760
Warehouse 1, 000 sf 550
Report Period: July 1, 2023 to June 30, 2024 Page 29
289
Capital Facilities Fee Funds Report
Lathrop Local East Fee — 2340 and Lathrop Local West Fee - 2360
2. Fund 234 - RTIF — Lathro ' Local East
a. Beginning Fund Balance as of July 1, 2023 2, 681, 741 b. Fees Collected 39,57
c. Interest Earned 126,40
d.
e.
Expenditures
Transfers Out
2, 106)
f. Refunds
g. Ending Fund Balance as of June 30, 2024 2, 845, 131. 96 Fund 236 - RTIF — LathroD Local West
a. Beginning Fund Balance as of July 1, 2023 12, 284, 376 b. Fees Collected 2,68, 642
c. Interest Earned 603, 593
d. Expenditures 7, 468)
e. Transfers Out 503, 406)
f. Refunds
g. Ending Fund Balance as of June 30, 2024 14, 645, 736. 83 a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2340 and 2360 expended during the reporting period? Yes A total of $2, 106 was expensed from Fund 2340 and $ 7, 468 was expensed from Fund 2360 to pay San Joaquin Council of Governments for a portion of third party cost to implement the RTIF Program. b. Description of Transfers and Loans made from fund.
Were funds from Fund 2340 and 2360 transferred or loaned during the reporting period? Yes A total of $503, 406 was transferred from Fund 2360 to reimburse development for constructed public improvements.
c. Description of refunds made during reporting period.
Were funds from Fund 2340 and 2360 refunded during this reporting period? No Report Period: July 1, 2023 to June 30, 2024 Page 30
290
Capital Facilities Fee Funds Report
Lathrop Local East Fee — 2340 and Lathrop Local West Fee - 2360
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Lathrop Local East Fee Fund 2340 does not currently have funds appropriated to the Capital Improvement Program ( CIP) Project for Fiscal Year 2023-4.
The Lathrop Local West Fee Fund 2360 currently has funds appropriated to the Capital Improvement Program ( CIP) Project for Fiscal Year 2023-4. Please refer to the City' s2023-028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
Manthey Road Bridge Replacement,
PS 12- 04
1, 682, 268 4
Total 1, 682, 268
Report Period: July 1, 2023 to June 30, 2024 Page 31
291
Capital Facilities Fee Funds Report
Regional Transportation Impact Fee San Joaquin County — 2350 Regional Transportation Impact Fee San Joaquin County — 2350
1. Fee Information
a. Description and History of Fee: The Regional Transportation Impact Fee ( RTIF) San Joaquin County was adopted by City Council on December 20, 2005. This fee was adopted to address traffic volumes exceeding the capacity of the regional network of highways and arterials existing in San Joaquin County.
It was determined that existing funding sources, including federal, state, and local sources, will be inadequate to construct the Regional Transportation Network needed to avoid unacceptable levels of traffic congestion and related adverse impacts.
The Regional Transportation Impact Fee San Joaquin County ( Fund 235) meets the agreement requirement to pay ten ( 10) percent of the total fee revenue collected to the County of San Joaquin for the purpose offunding RTIF Capital Projects within the County. Fund 235 has been set up to account for this revenue which is paid on a quarterly basis per the RTIF Operating Agreement. b. Amount of Fee: The amount of the fee varies by land use type and location. Only 10 percent of the fee is placed in Fund 2350 ( See Funds 2340 and 2360). The fund amounts are as follows:
2. Fund 235 — RTIF SJ County 10%
a. Beginning Fund Balance as of July 1, 2023
b. Fees Collected 314, 014
c. Interest Earned 4, 366
d. Expenditures 318,0)
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2024
a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2350 expended during the reporting period? Yes A total of $318,0 was expensed from Fund 2350 to pay the County of San Joaquin for the portion of fee dedicated to RTIF Capital Projects within the County. b. Description of Transfers and Loans made from fund.
Were funds from Fund 2350 transferred or loaned during the reporting period? No c. Description of refunds made during reporting period.
Were funds from Fund 2350 refunded during this reporting period? No Report Period: July 1, 2023 to June 30, 2024 Page 32
292
Capital Facilities Fee Funds Report
Regional Transportation Impact Fee San Joaquin County — 2350
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Regional Transportation Impact Fee ( RTIF) Fund 2350 will not have funds appropriated to any Capital Improvement Program ( CIP) Projects. Its purpose is to account for the amount that is paid to the County of San Joaquin for the portion of the fee dedicated to RTIF Capital Projects within the County.
Report Period: July 1, 2023 to June 30, 2024 Page 33
293
Capital Facilities Fee Funds Report
Regional Transportation Impact Fee San Joaquin Council of Governments — 2370 Regional Transportation Impact Fee
San Joaquin Council of Governments 15% — 2370
1. Fee Information
a. Description and History of Fee: The Regional Transportation Impact Fee ( RTIF) Program Operating Agreement establishes the distribution of fee revenue collected by the participating agencies. Ten ( 10) percent of the fees collected by the City of Lathrop and each of the other participating agencies pass directly on to the San Joaquin Council of Governments ( SJCOG) on a quarterly basis. This revenue is used to fund state highway improvements on the RTIF Project List. Another five ( 5) percent is paid directly to SJCOG on a quarterly basis to fund transit improvements on the RTIF Project List. Fund 237 was set up to account for this 15 percent of collected revenue to be passed on to SJCOG. b. Amount of Fee: The amount of the fee is 15 percent of all fees collected under the RTIF Program ( See Funds 2340 and 2360).
2. Fund Information — RTIF SJCOG 15%
a.
b.
III
d.
cm
mu
no
Be. innin_ Fund Balance as of Jul 1, 2023
Fees Collected
Interest Earned
Ex. enditures
Transfers Out
Refunds
Endin: Fund Balance as of June 30, 2024
471, 020. 86
6, 531. 16
477, 552
a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2370 expended during the reporting period? Yes A total of $477, 552 was expensed from Fund 2370 to pay the San Joaquin Council of Governments SJCOG) on a quarterly basis per the RTIF Operating Agreement. b. Description of Transfers and Loans made from fund.
Were funds from Fund 2370 transferred or loaned during the reporting period? No c. Description of refunds made during reporting period.
Were funds from Fund 2370 refunded during this reporting period? No Report Period: July 1, 2023 to June 30, 2024 Page 34
294
Capital Facilities Fee Funds Report
Regional Transportation Impact Fee San Joaquin Council of Governments — 2370
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Regional Transportation Impact Fee San Joaquin Council of Governments ( SJCOG) Fund 2370 will not have funds appropriated to any Capital Improvement Program ( CIP) Projects. Its purpose is to account for the amount that is paid to SJCOG on a quarterly basis per the RTIF operating Agreement.
Report Period: July 1, 2023 to June 30, 2024 Page 35
295
Capital Facilities Fee Funds Report
Offsite Roadway Improvements Fee — 2380
Offsite Roadway Improvements Capital Facility Fee — 2380
1. Fee Information
a. Description and History of Fee: The Offsite Roadway Improvements Fee was adopted by Lathrop City Council on May 29, 2007. The purpose of the fee is to establish a funding mechanism to pay for the
offsite roadway improvements applicable to the Stanford Crossing of the Central Lathrop Specific Plan ( CLSP) area. The fee is collected to fund an estimated $ 8. 5 million of buildout improvements at six intersections ( Roth Road/ McKinley Avenue, Lathrop Road/ 5th Street, Lathrop Road/ Airport Road, Louise Avenue/ McKinley Avenue, Louise Avenue/ Airport Road, and Yosemite Avenue/ McKinley Avenue) impacted by the proposed CLSP development located east of Interstate 5. The calculations used for the CLSP offsite intersection CFFs are based on the assumptions and methodology used to calculate the West/ Central Lathrop Regional Transportation CFF in the 2003 and 2005 CFF studies.
The CLSP fair share of offsite intersection costs was allocated to each type of land use based on the adjusted number of afternoon peak hour trips. The cost allocated to each land use type were then divided by the number of units of development to arrive at the appropriate fee for each unit of new development.
b. Amount of Fee: The amount of the fee varies by land use type and location.
Central Lathrop Land Use
Type
Unit July 1, 2023 to
June 30, 2024
Single Family DU 180
Multi Family DU 111
Retail Commercial 1, 000 sf 231
Service/ Office Commercial 1, 000 sf 168
2. Fund Information ( During Reporting Period)
a.
b.
Beginning Fund Balance as of July 1, 2023
Fees Collected
163, 855
77, 265
c. Interest Earned 8, 376
d.
e.
Expenditures
Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2024 249, 45. 71
a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2380 expended during the reporting period? No Report Period: July 1, 2023 to June 30, 2024 Page 36
296
Capital Facilities Fee Funds Report
Offsite Roadway Improvements Fee — 2380
b. Description of Transfers and Loans made from fund.
Were funds from Fund 2380 transferred or loaned during the reporting period? No c. Description of refunds made during reporting period.
Were funds from Fund 2380 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Offsite Roadway Improvements Fee Fund 2380 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2023-4. Please refer to the City' s2023- 2028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
Report Period: July 1, 2023 to June 30, 2024 Page 37
297
Capital Facilities Fee Funds Report
North Lathrop Transportation Capital Facility Fee — 2420 North Lathrop Transportation Capital Facility Fee — 2420
1. Fee Information
a. Description and History ofFee: The North Lathrop Transportation Fee was established in January 2011.
The purpose of the North Lathrop Transportation Fee is to establish a funding mechanism to pay for the planning, design, land acquisition, administration ( including construction management and program management), and construction of the interchange and frontage road improvements ( including streets, intersection relocations and traffic signals). The North Lathrop Study Area boundaries include the City of Lathrop, City of Manteca, and unincorporated San Joaquin County that are impacting the Roth/ I5 Interchange and associated frontages
b. Amount of Fee: The amount of the fee varies by land use type and location.
July 1, 2023 to June 30, 2024
Land Use Type Unit
City of Lathrop
N Lathrop Transportation
CLSP Residential DU 780.2
CLSP Commercial 1, 000 sf 4, 275. 40
N Lathrop Area — Residential DU 924. 55
N Lathrop Area — Commercial 1, 000 sf 61, 156. 92
Gordon Trucking — Industrial Acre 24, 397. 70
LN Industrial Building 1, 000 sf 1, 302. 77
KSC Travel CenterHighway Commercial
Acre 124, 206. 49
Other Lathrop Projects — Residential DU 900. 84
Highway Commercial 1, 000 sf 97, 590. 81
July 1, 2023 to June 30, 2024
Land Use Type Unit
City of Manteca
N Lathrop Transportation
Center Point- Light Industrial 1, 000 sf 982.7
Other Manteca Projects — Light Industrial 1, 000 sf 1, 637. 22 Retail 1, 000 sf 27, 785. 5
July 1, 2023 to June 30, 2024
Land Use Type Unit
San Joaquin County
N Lathroi Transportation
Intermodal facility — Light Industrial Acre 57, 729.
Other SJ County Projects — Residential Acre 2, 766. 11
Retail Acre 102, 06. 77
Light Industrial Acre 8, 598. 91
Report Period: July 1, 2023 to June 30, 2024 Page 38
298
Capital Facilities Fee Funds Report
North Lathrop Transportation Capital Facility Fee — 2420
2. Fund Information during Reporting Period
a. Beginning Fund Balance as of July 1, 2022
b. Fees Collected
11, 587
c. Interest Earned 500
d.
e.
f.
Expenditures
Transfers Out
Refunds
11, 437)
g. Ending Fund Balance as of June 30, 2023 650. 02
a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2420 expended during the reporting period? No b. Description of Transfers and Loans made from fund.
Were funds from Fund 2420 transferred or loaned during the reporting period? Yes A total of $11, 437 was transferred from Fund 2420 to Roth Road and I-5 Improvements Project PS 14-
04. c. Description of refunds made during reporting period.
Were funds from Fund 2420 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The North Lathrop Transportation Fee Fund 2420 does not currently have funds appropriated to the Capital Improvement Program ( CIP) Projects for Fiscal Year 2023-4. Please refer to the City' s 2023- 2028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
Report Period: July 1, 2023 to June 30, 2024 Page 39
299
Capital Facilities Fee Funds Report
Park in Lieu Fee — 3410
Park in Lieu — 3410
1. Fee Information
a. Description and History of Fee: This fee is collected under the authority of the Quimby Act, California Government Code Section 66477, to fund the acquisition ofparkland needed to support new residential development. The fee is only charged in cases where parkland is not dedicated as part of a subdivision. The locations of the projects to be funded are generally described in the " Comprehensive General Plan and Environmental Impact Report for the City of Lathrop, California, December 1991." b. Amount of Fee: The amount of the fee varies from project to project but is always equal to the market value of the land for which the fee is being paid in lieu. Dedication ( or payment of fees) is required in an amount necessary to provide five ( 5) acres of parkland per 1, 000 new residents. An average rate of 3. 59 people per household, results in park dedication of approximately one (1) acre of land for every 55. 71 dwelling units.
2. Fund Information ( During Reporting Period)
a. Beginning Fund Balance as of July 1, 2022 1, 734, 093 b. Fees Collected 1, 300, 058
c. Interest Earned 93, 070
d. Expenditures
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2023 3, 127, 220. 42 a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 3410 expended during the reporting period? No b. Description of Transfers and Loans made from fund.
Were funds from Fund 3410 transferred or loaned during the reporting period? No c. Description of refunds made during reporting period.
Were funds from Fund 3410 refunded during this reporting period? No Report Period: July 1, 2023 to June 30, 2024 Page 40
300
Capital Facilities Fee Funds Report
Park in Lieu Fee — 3410
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Park in Lieu Fee Fund 3410 currently does not have funds appropriated to the Capital Improvement Program ( CIP) Project for Fiscal Year 2023-4. Please refer to the City' s2023-028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
Report Period: July 1, 2023 to June 30, 2024 Page 41
301
Capital Facilities Fee Funds Report
Water Capital Facility Fee — 5610
Water Capital Facility Fee — 5610
1. Fee Information
a. Description and History of Fee: The Water Capital Facility Fee is collected to fund improvements to water facilities in support of new development as well as to upgrade and maintain the City' s existing system. A water component, based on the city' s planned development, was not added to the Capital Facility Fee Program until the 1994 update as the City' supdated General Plan was not yet complete. The 1994 study, added a fee based on land usage and type appropriate for the City' sfuture growth to fund and maintain new and existing water facilities. The Capital Facility Fee Program was updated in 2003 to reflect the direction in which the city was headed ( and reevaluated in 2005 to show the impacts of inflation). The 2003 and 2005 studies identified facilities to accommodate for growth west of Interstate 5 as well as growth and improvements in Historic Lathrop.
At the present time, Lathrop obtains water supplies from the underlying groundwater basin using five active wells. Along with the five wells, the City' s existing water system includes four above ground storage tanks, four booster pump stations, and over 77 miles of distribution pipelines.
Four separate water system Capital Facility Fees have been set up to address the current underground water supply.
An updated water system CFF for East Lathrop based on a system buy -in approach since the water system in that area is largely built out;
An incremental cost for West/ Central Lathrop to reflect the cost of adding arsenic treatment to groundwater wells and for a portion of the cost of a standby well to provide additional water system reliability for the entire City;
An incremental cost CFF for the Mossdale Landings developments associated with the cost of a 1. 0 MG storage reservoir;
A reimbursement CFF for the Crossroads area.
On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan ( SLSP) area.
The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study "Nexus Study" adopted on March 12, 2018 identified approximately
3. million to construct the water system facilities. SLSP' sfair share ofthe cost is 30% and the remainder of the $ 3. million cost would be funded by other developments that will benefit from this facility. The Water Capital Facility Fee was reevaluated May 3, 2018. The studies included adjusting the previous Capital Facility Fee to reflect the effects of inflation.
In October 2019 the SLSP and the Lathrop Gateway Business Park Specific Plan ( LGBPSP) CFF study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. The LGBPSP CFF Study identified approximately $ 12. 8 million storm drainage facilities improvements. In May 2020, the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.
In July 2022, the CLSP CFF was updated to include a new water tank and booster pump facility located.
The effective date ofthe updated fees were October 10, 2022.
Report Period: July 1, 2023 to June 30, 2024 Page 42
302
Capital Facilities Fee Funds Report
Water Capital Facility Fee — 5610
b. Amount of Fee: The amount of the fee varies by meter size and location. The current fees are as follows:
July 1, 2023 to December 31, 2023
Meter
Size East Lathrop Crossroads
North
Harlan
Mossdale
Village/ Landing,
Central Lathrop,
Stewart Tract,
SLSP- Non
SLCC
Gateway
Mossdale
Landing
Storage)
SLSP- Non
SLCC &
Gateway
Buy -In)
5/ 8 1, 492 1, 402 916 1, 085 1, 492
1 FS 1, 492 1, 402 916 1, 085 1, 492
3/ 2,38 2, 102 1, 374 1, 628 2,38
1 3, 730 3, 504 2,92 2, 712 3, 730
1 % 2 7, 458 7, 010 4, 582 5, 423 7, 458
2 11, 933 11, 216 7, 331 8, 679 11, 933
3 22, 376 21, 028 13, 747 16, 271 22, 376
4 37, 292 35, 048 22, 912 27, 119 37, 292
6 74, 584 70, 094 45, 823 54, 235 74, 584
8 119, 334 112,50 73, 318 86, 777 119, 334
10 216,93 203,73 132, 888 157, 283 216,93
January 1, 2024 to June 30, 2024
Meter
Size East Lathrop Crossroads North Harlan
Mossdale
Village/ Landing,
Central Lathrop,
Stewart Tract,
SLSP- Non SLCC
Gateway
Mossdale
Landing
Storage)
SLSP- Non
SLCC &
Gateway
Buy -In)
5/ 8 1, 530 1, 438 940 1,13 1, 530
1 FS 1, 530 1, 438 940 1,13 1, 530
3/4 2,96 2, 157 1, 409 1, 670 2,96
1 3, 826 3, 595 2, 351 2, 782 3, 826
1 % 2 7, 650 7, 191 4, 700 5,63 7, 650
2 12, 241 11, 505 7, 520 8, 902 12, 241
3 22, 953 21, 570 14,01 16, 690 22, 953
4 38, 253 35, 952 23, 502 27, 818 38, 253
6 76, 507 71, 902 47, 005 55, 634 76, 507
8 122, 411 115, 043 75, 209 89, 015 122, 411
10 221, 871 208, 515 136, 315 161, 340 221, 871
Report Period: July 1, 2023 to June 30, 2024 Page 43
303
Capital Facilities Fee Funds Report
Water Capital Facility Fee — 5610
The amount of the fee rates in the SLSP development area are per 1, 000 square feet of building space.
The current fees are as follows:
South Lathro3 Specific Plan Unit July 1, 2023 to Jan. 1, 2024 to Land Use Type ( Storage) Dec. 31, 2023 June 30, 2024
Office Commercial 1, 000 sqft 1,95 1, 226
Limited Warehouse 1, 000 sqft 565 580
Warehouse 1, 000 sqft 161 165
The amount of the fee rates in the SLSP — Non SLCC development area are per Acre.
The current fees are as follows:
South Lathrop Specific Plan Unit July 1, 2023 to Jan. 1, 2024 to Land Use Type ( Water -Line) Dec. 31, 2023 June 30, 2024 Office Commercial Acre 11, 564 11, 862
Limited Warehouse Acre 11, 564 11, 862
Warehouse Acre 11, 564 11, 862
The amount of the fee rates in the Lathrop Gateway Business Park development area.
The current fees are as follows:
Lathrop Gateway
Business Park
July 1, 2023 to December 31, 2023
Land Use Type Water System
Storage
LP Q00 s£)
Water Line
Water Loop
Acre)
Water Line
Non -Water Loop
Linear Foot)
Shopping Center 686 6, 816 184. 73
Office Park 648 6, 816 184. 73
Industrial Park 515 6, 816 184. 73
Warehouse 147 6, 816 184. 73
Lathrop Gateway
Business Park
January 1, 2024 to June 30, 2024
Land Use Type Water System
Storage
Per 1, 000 sf.)
Water Line
Water Loop
Acre)
Water Line
Non -Water Loop
Linear Foot)
Shopping Center 704 6, 992 189. 49
Office Park 664 6, 992 189. 49
Industrial Park 528 6, 992 189. 49
Warehouse 151 6, 992 189. 49
Report Period: July 1, 2023 to June 30, 2024 Page 44
304
Capital Facilities Fee Funds Report
Water Capital Facility Fee — 5610
Central Lathrop Specific Plan Water System Storage Tank # 1 Land Use Type October 10, 2023 to
December 31, 2023
January 1, 2024 to
June 30, 2024
Single Family Home 2, 452 2, 515
Multi -Family Homes 1, 512 1, 551
All Development 7, 414 7, 605
2. Fund Information during Reporting Period
Source Amount
a. Beginning Fund Balance as of July 1, 2023 6, 408, 193. 20 b. Fees Collected 1, 877, 014
c. Interest Earned 324, 617
d. Expenditures 1, 218, 316)
e. Transfers Out 1, 000,00)
f. Refunds
g. Ending Fund Balance as of June 30, 2024 6, 391, 507. 65 a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 5610 expended during the reporting period? Yes A total of $1, 218, 316 was expensed from Fund 5610 to reimbursed developers for constructing public improvements.
b. Description of Transfers and Loans made from fund.
Were funds from Fund 5610 transferred or loaned during the reporting period? Yes A total of $1, 000,00 was transferred from Fund 5610 to the East Lathrop Water Main and Lateral Upgrades.
c. Description of refunds made during reporting period.
Were funds from Fund 5610 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
Report Period: July 1, 2023 to June 30, 2024 Page 45
305
Capital Facilities Fee Funds Report
Water Capital Facility Fee — 5610
The Water Capital Facility Fee Fund 5610 currently has funds appropriated to the Capital Improvement Program ( CIP) Project for Fiscal Year 2023-4. Please refer to the City' s 2023-028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
East Lathrop Water main and Lateral 1, 000,00 83
Upgrades, PW 24- 12
Total 1, 000,00
Report Period: July 1, 2023 to June 30, 2024 Page 46
306
Capital Facilities Fee Funds Report
Surface Water Capital Facility Fee — 5640
Surface Water Capital Facility Fee — 5640
1. Fee Information
a. Description and History of Fee: The Surface Water Supply Capital Facility Fee is collected to fund The City of Lathrop' sproportionate share of costs related to the South County Surface Water Supply Project SCSWSP) with the South San Joaquin Irrigation District ( SSJID).
The South County Surface Water Supply Project is a
joint project between the Cities of Lathrop,
Manteca, Escalon and Tracy that built a water treatment facility (the Nick C. DeGroot Treatment Facility), a pipeline to transport raw water from the Woodward Reservoir to the treatment facility and additional pipelines to transport the treated water to the participating cities.
Prior to the SCSWSP the city obtained all of its water supplies from the underlying groundwater basin using wells. With new development and recognizing the limitations of the groundwater resources the SCSWSP was needed. The City issued COPs in 2000 to help pay for the planning, engineering, and design costs associated with the project. Additionally, revenue bonds were issued in 2003 with a par value of $32, 530, 000to fund construction costs for the city' scapacity.
On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan ( SLSP) area.
The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study "Nexus Study" adopted on March 12, 2018 identified that the SLSP is also subject to the Surface Water Impact fee. The Surface Water Capital Facility Fee was reevaluated May 3, 2018. The studies included adjusting the previous Capital Facility Fee to reflect the effects of inflation.
b. Amount of Fee: The amount of the fee varies by land use type and location.
July 1, 2023 to December 31, 2023
Meter Size East Lathrop,
North Harlan,
Crossroads &
SLSP- SLCC
Central
Lathrop
Mossdale Village,
SLSP — Non SLCC
Gateway
5/ 8 3, 295 6, 080 4,92
1" FS 3, 295 6, 080 4,92
3/ 4 4, 943 9, 120 6, 738
1 8, 239 15, 200 11, 230
1 % 2 16, 477 30, 400 22, 460
2 26, 363 48, 640 35, 936
3 49,31 91, 200 67, 380
4 82, 386 152, 00 112, 300
6 164, 771 304, 000 224, 600
8 263, 64 486,00 359,60
10 477, 837 881, 600 651, 340
Report Period: July 1, 2023 to June 30, 2024 Page 47
307
Capital Facilities Fee Funds Report
Surface Water Capital Facility Fee — 5640
January 1, 2024 to June 30, 2024
Meter Size
East Lathrop,
North Harlan,
Crossroads, &
SLSP - SLCC
Central
Lathrop
Mossdale Village,
SLSP — Non SLCC
Gateway
5/ 8 3, 442 6, 099 4, 507
1" FS 3, 442 6, 099 4, 507
5, 162 9, 149 6, 761
1 8, 604 15, 248 11, 268
1 % 2 17, 208 30, 495 22, 535
2 27, 532 48, 792 36, 056
3 51, 623 91, 485 67,05
4 86, 038 152, 475 112, 675
6 172, 077 304, 950 225, 30
8 275, 323 487, 920 360, 560
10 499, 022 884, 355 653, 515
2. Fund Information during Reporting Period
a. Beginning Fund Balance as of July 1, 2023 3, 451, 603 b. Fees Collected 2, 723,07)
c. Interest Earned 184, 064
d. Expenditures 415, 241)
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2024 496, 720. 37 a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 5640 expended during the reporting period? Yes A total of $415, 241 was expensed from Fund 5640 to reimbursed developers for constructing public improvements.
b. Description of Transfers and Loans made from fund.
Were funds from Fund 5640 transferred or loaned during the reporting period? No c. Description of refunds made during reporting period.
Were funds from Fund 5640 refunded during this reporting period? No Report Period: July 1, 2023 to June 30, 2024 Page 48
308
Capital Facilities Fee Funds Report
Surface Water Capital Facility Fee — 5640
3. Planned Projects for Fiscal Year 2023-024: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Surface Water Supply Fund Fee 5640 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects. The fund pays for the costs related to the South County Surface Water Supply Program Project.
Report Period: July 1, 2023 to June 30, 2024 Page 49
309
Capital Facilities Fee Funds Report
Sewer Capital Facility Fee — 6030
Sewer Capital Facility Fee — 6030
1. Fee Information
a. Description and History of Fee: The Sewer Capital Facilities Fees, adopted in 1993, are collected in order to fund new sewer facilities to accommodate new development as well as to provide improvements to the city' s existing facilities. The Crossroads fee is an exception in that it is collected to reimburse the developer for infrastructure that was built with the original project. Lathrop' sexisting facilities consist of:
14. 7% capacity of the Manteca Water Quality Control Facility to service the Historic Lathrop area, and the Consolidated Treatment Facility (CTF) to service development west of Interstate 5 and for businesses located within the Crossroads development area. The CTF represents a consolidation of the two previous Lathrop treatment facilities, the Membrane Biological Reactor ( MBR) Treatment Facility and the Water Recycling Plant ( WRP1). An update to the Sewer Capital Facilities Fee was implemented in 2003 and again in 2005 to show the effects of inflation.
The city plans to expand the capacity of the existing CTF plant to accommodate for future growth in the Mossdale Landing and River Islands areas and for Richland Communities development.
On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan (SLSP) area.
The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study " Nexus Study" adopted on March 12, 2018 identified that the SLSP is also subject to the Sewer Capital Facility Fee. The fee was reevaluated in January 23, 2019 CFF update and was updated to reflect the effects of inflation. In addition, the CLSP Sewer/ Recycled Water Facilities CFF was added to the CFF program.
In October 2019 the SLSP and the Lathrop Gateway Business Park Specific Plan ( LGBPSP) CFF study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. The LGBPSP CFF Study identified approximately $ 12. 8 million storm drainage facilities improvements. In May 2020, the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.
In February 2020, the Sewer Reimbursement CFF Study established a fee program for the construction of oversized sewer facilities including future construction of sewer facilities within the City.
Report Period: July 1, 2023 to June 30, 2024 Page 50
310
Capital Facilities Fee Funds Report
Sewer Capital Facility Fee — 6030
b. Amount of Fee: The amount of the fee varies by land use type and location.
July 1, 2023 to December 31, 2023
Meter
Size
East Lathrop &
North Harlan
Crossroads
Mossdale
Village/ Landing
Central Lathrop, Stewart
Tract, SLSP & Gateway
Recycled Water Outfall)
Mossdale
Village/ Landing,
SLSP- Non SLCC &
Gateway
Sewer Collect/ Recycle
Italpr Dist. System)
5/ 8 6, 710 55 1, 312
1" FS 6, 710 55 1, 312
3/ 4 10, 065 83 1, 967
1 16, 775 138 3, 279
1 '/ 2 33, 550 275 6, 556
2 53, 680 440 10, 489
3 100, 650 827 19, 668
4 167, 750 1, 379 32, 780
6 335, 499 2, 757 65, 559
8 536, 799 4,11 104, 894
10 972.48 7, 995 190,22
ISU 10, 258
GPD 49. 61
January 1, 2024 to June 30, 2024
Meter
Size
East Lathrop &
North Harlan
Crossroads
Mossdale
Village/ Landing
Central Lathrop, Stewart
Tract, SLSP & Gateway
Recycled Water Outfall)
Mossdale
Village/ Landing,
SLSP— Non SLCC &
Gateway
Sewer Collect/ Recycle
Water Dist. System)
5/ 8 6, 883 56 1, 346
1" FS 6, 883 56 1, 346
3/ 4 10, 325 86 2, 018
1 17, 208 142 3,63
1 % 2 34, 415 282 6, 725
2 55, 064 452 10, 760
3 103, 245 849 20, 176
4 172, 076 1, 415 33, 625
6 344, 151 2, 828 67, 250
8 550, 642 4, 525 107, 599
10 998, 038 8, 201 195, 024
ISU 10, 523
GPD 50. 89
Report Period: July 1, 2023 to June 30, 2024 Page 51
311
Capital Facilities Fee Funds Report
Sewer Capital Facility Fee — 6030
Central Lathrop Unit July 1, 2023 to Jan. 1, 2024 to
Land Use Type Dec. 31, 2023 June 30, 2024
Single Family - Residential DU 3, 134 3, 215
Multi -Family - Residential DU 2, 664 2, 733
Commercial 1, 000 sf. 708 726
Industrial 1, 000 sf. 708 726
South Lathrop Specific Unit July 1, 2023 to Jan. 1, 2024 to Plan — SLSP Non SLCC Dec. 31, 2023 June 30, 2024
blond Use Type
Office Commercial Acre 23, 608 24,17
Limited Industrial Acre 23, 608 24,17
Warehouse Acre 23, 608 24,17
Lathrop Gateway Unit July 1, 2023 to 1,
Business Park Dec. 31, 2023 June 30, 2024
Land Use Type
Shopping Center 1, 000 sf. 846 867
Office Park 1, 000 sf. 742 761
Industrial Park 1, 000 sf. 355 364
Warehouse 1, 000 sf. 355 364
2. Fund Information during Reporting Period
Source Amount
a. Beginning Fund Balance as of July 1, 2023 11, 656, 012 b. Fees Collected 2, 044, 280
c. Interest Earned 578, 900
d. Expenditures 2, 413)
e. Transfers Out 2, 548, 289)
f. Refunds
g. Prior Year Adjustments
h. Ending Fund Balance as of June 30, 2024 11, 728, 489. 75 Report Period: July 1, 2023 to June 30, 2024 Page 52
312
Capital Facilities Fee Funds Report
Sewer Capital Facility Fee — 6030
a. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 6030 expended during the reporting period? Yes A total of $2, 413 was expensed from Fund 6030 to reimbursed developers for constructing public improvements.
b. Description of Transfers and Loans made from fund.
Were funds from Fund 6030 transferred or loaned during the reporting period? Yes A total of $2, 548, 289 was transferred from Fund 6030 to cover the following projects; 2,50, 000for the Consolidated Treatment Facility Phase 3 Project WW 22- 38 298,9 for the Surface Water Discharge Project, WW 20- 17 c. Description of refunds made during reporting period.
Were funds from Fund 6030 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2023-4: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Sewer Capital Facility Fee Fund 6030 currently has no funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2023-4. Please refer to the City' s 2023-028 Capital Improvement Program adopted by City Council June 12, 2023, Resolution 23- 5321.
Report Period: July 1, 2023 to June 30, 2024 Page 53
313
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314
ITEM 4. 6
CITY MANAGER' SREPORT
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
ITEM: PROPOSED FISCAL YEAR 2025/6 AND FISCAL
YEAR 2026/7 BIENNIAL BUDGET CALENDAR
RECOMMENDATION: City Council to Consider and Approve the Proposed Fiscal Year 2025/6and Fiscal Year 2026/7
Biennial Budget Calendar
SUMMARY:
The City of Lathrop Biennial Budget outlines the City' sspending plan and priorities for the coming fiscal years which run from July 1st to June 30th. There are several key dates leading to the budget adoption that require input from the City Council and City Commissions. Coordination is needed to make sure processes move forward as planned, prevent confusion and misinformation, and ensure appropriate stakeholders are involved. With that in mind, Staff proposes the following key dates:
April 2025, Parks and Recreation Commission reviews Parks Budgets April 2025, Planning Commission reviews CIP' sfor conformity with General Plan
April 2025, Council sets a Public hearing for Maintenance Districts May 2025, Council reviews and prioritizes Capital Improvement Projects CIP' s)
May 2025, Council holds a public hearing on the Maintenance Districts June 23 through 25, 2025, Council holds budget meetings to review and adopt Proposed Fiscal Year 2025/6and Fiscal Year 2026/7 Biennial Budget Staff request that City Council consider approval of the Biennial Budget Calendar Attachment A) outlining key dates to guide the development of the City' s Fiscal Year 2025/6and Fiscal Year 2026/7 Budget.
BACKGROUND:
Every other year, the City Council is required to adopt a biennial budget and accompanying documents before the July 1 start of the new fiscal year. The City of Lathrop Biennial Budget outlines the City' sspending plan and priorities for the coming fiscal years which run from July 1st to June 30th. The City' s budget is developed in conjunction with the Council, Stakeholders, City Manager, and all City departments.
The budget is then reviewed and approved by City Council. The result is a budget that reflects the community' shighest priorities.
Preparation of the budget is coordinated by the Finance Department in collaboration with each City department. The budget process spans about six months, beginning 315
CITY MANAGER' S REPORT Page 2
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
PROPOSED FISCAL YEAR 2025/6 AND FISCAL YEAR 2026/7 BIENNIAL
BUDGET CALENDAR
in January to ensure a budget is in place by July 1St. As recommended by the National Advisory Council on State and Local Budgeting ( NACSLB), the City develops a budget calendar with key dates, budget tasks, and events to prevent misinformation and to ensure stakeholder participation.
The proposed Fiscal Year 2025/6 and Fiscal Year 2026/7 Biennial Budget Calendar is provided in Attachment A. Some of the major budget activities are summarized on the timetable below.
BUDGET ACTIVITY JAN FEB MAR APR MAY JUN
Finance provides guidelines and training
Finance prepares target budget info and
personnel costs to departments
Department' s prepare and submit revenue
protections
Department' s prepare and submit expenses
Including Measure C expenses)
D.
Citizen input at public meetings
City Manager reviews Department rec uests
City Manager & Departments present proposed
biennial budget to Council at public meeting
City Council adopts Biennial Budget
REASON FOR RECOMMENDATION:
Staff recommends approval of the attached Biennial Budget Calendar to ensure all departments and stakeholders are embracing key budget tasks, events, and decisions. This allows everyone to have an opportunity to plan and participate in the budget development process. Additionally, a calendar will facilitate the preparation and approval of a budget before the start of the new fiscal year beginning July 1, 2025.
ATTACHMENTS:
A. Proposed Fiscal Year 2025/6and Fiscal Year 2026/7 Biennial Budget Calendar
316
CITY MANAGER' SREPORT Page 3
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
PROPOSED FISCAL YEAR 2025/6 AND FISCAL YEAR 2026/7 BIENNIAL
BUDGET CALENDAR
APPROVALS:
Nml
Sandra Frias Date
Sr. Management Analyst
Cari Jam
Director Finance
12lz1/ 2' f
G/. zDas
Date
f2 R o/ Zv2
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete
City Attorney
1/1
Date
2024
I. Q • ZS
Stephen J. Salvatore Date
City Manager
317
ATTACHMENT " A"
City of Lathrop
Fiscal Year 2025/6 and Fiscal Year 2026/7
Biennial Budget Calendar
December 2024 January 2025 February 2025 March 2025
5 M T W TH F 5 S M T W TH F S 5 M T W TH F S S M T W TH F 5 1 2 3 4 5 6 7 1 2 3 4 1 1
8 M 10 11 12 13 14 5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 15 16 17 18 19 20 21 12 y; 14 15 16 17 18 9 11 12 13 14 15 9 11 12 13 14 15 22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 29 30 31 26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 30 31
City Council Meeting
Holiday
Date Action
Dec 2024 Finance Office is responsible for providing departments with information necessary to prepare their budget request.
Jan 2025 Measure C Community Oversight Committee Meeting.
Feb 2025 Departments prepare and submit maintenance district budgets.
Mar 2025 Finance presents Mid - Year Budget Amendments for FY 2024/5 for City Council consideration.
Apr 2025 Parks and Recreation Commission review Recreation' sbudget requests.
Apr 2025 Finance reviews departments budget requests and prepares a Draft Preliminary Biennial Budget for the City Manager' sreview. (Including Measure C Expenses) Apr 2025 City Manager meets with departments and reviews budget request.
Apr 2025 Planning Commission reviews proposed Capital Improvement Projects for conformity to the General Plan.
Apr 2025 Notice of Public Hearing ( May 12, 2025) sent to all property owners within district boundaries.
Apr 2025 City Clerk publishes the Notice of Public Hearing for Capital Improvement Projects.
Apr 2025 City Council receives preliminary engineer reports for maintenance districts, adopts resolution of intent to levy, and sets the date of the Public Hearing ( May 12, 2025)
318
City of Lathrop
Fiscal Year 2025/6and Fiscal Year 2026/7
Biennial Budget Calendar
April 2025 May 2025 June 2025 Ju y
2025
5 M T W TH F S S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 10 11 12 13 14 6 7 8 9 10 11 12 13 15 16 17 18 19 11 '' 13 14 15 16 17 15 16 17 18 19 20 21 13 15 16 17 18 19 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 26 27 28 20 21 22 23 24 25 26 27 28 29 30 25 26 27 28 29 30 31 29 30 27 28 29 30 31
City Council Meeting
Holiday
Date Responsible Party Action
May 2025 City Council reviews and prioritizes proposed Capital Improvement Projects.
May 2024 City Council holds a Public Hearing - Ordering the Levy and Collection of Assessments.
May 2025 Finance prepared and prints the Fiscal Year 2023/4and Fiscal Year 2024/5 Preliminary Biennial Budget.
June 23, 2025
thru
June 25, 2025
Budget Meetings: City Council reviews and Adopts Final Biennial Budget for FY2023/ 24 and FY 2024/5.
Jun 2025 Fiscal Year 2023/4 and Fiscal Year 2024/5 Preliminary Biennal Budget delivered to City Council and made available to the public.
Jul 2025 Finance prepares and prints Adopted Biennial Budget.
Sep 2025 Fiscal Year 2024/5 Year -End Report with potential amendments to Biennial Budget Year -1 Mar 2026 Fiscal Year 2025/6 Mid -Year Report with potential amendments to Biennial Budget Year -2
319
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ITEM 4.7
CITY MANAGER' S REPORT
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE OUT OF STATE TRAVEL FOR THE MAYOR TO
ATTEND THE U. S. CONFERENCE OF MAYORS 93RD
WINTER MEETING
RECOMMENDATION: Adopt Resolution Authorizing Out of State Travel for the Mayor to Attend the U. S. Conference of Mayors
93rd Winter Meeting in Washington, DC, January 17 -
19, 2025
SUMMARY:
The Unites States Conference of Mayors is the official organization of cities with populations of 30, 000 or more. Each city is represented in the conference by its Chief Elected Official, the Mayor. The purpose of the conference is to bring together Mayors of various regions to engage with the White House, Administration, and Congress to ensure that federal policy addresses the priorities of cities. The conference provides the Mayors with the opportunity to attend the Winter and Annual Meetings and serve on the Standing Committee where the Conference' spolicy priorities are shaped.
Through the conference, the Mayors can connect, network, and share best practices with other Mayors. The conference offers many meeting opportunities and in -person events that offer formal and informal opportunities to grow networking, providing support, insight, and camaraderie for many years to come.
City Council approval is requested for out-f- state travel for Mayor Akinjo to attend the U. S. Conference of Mayors 93rd Winter Meeting, in Washington, DC, from January 17, 2025, to January 19, 2025. The estimated cost is approximately $ 6, 200, which includes the registration, hotel, airfare, transportation, meals, and minor incidentals.
The current City Council training and travel budget for FY 2024-5 has sufficient funds to cover this travel request.
FISCAL IMPACT:
The estimated cost to attend the U. S. Conference of Mayors 93rd Winter Meeting is approximately $ 6, 200. Sufficient funds are currently available in the approved City Council training and travel budget for FY 2024-5.
ATTACHMENTS:
A. Resolution Approving Out of State Travel to the U. S. Conference of Mayors 93rd Winter Meeting to Washington, DC from January 17- 19, 2025.
B. U. S. Conference of Mayors 93rd Winter Meeting Registration Information. 321
CITY MANAGER' S REPORT
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
U. S. CONFERENCE OF MAYORS 93RD WINTER MEETING
APPROVALS:
resa Vargas
Government Services Director
City Clerk
x
PAGE 2
Date
I/3b- S-- 1
l'-‘. zozsSalvador Navarrete Date
City Attorney
I.t•ZS
Stephen J. Salvatore Date
City Manager
322
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AUTHORIZING OUT OF STATE TRAVEL FOR MAYOR AKINJO TO ATTEND THE U. S. CONFERENCE OF MAYORS 93RD WINTER MEETING IN WASHINGTON, DC, JANUARY 17 - 19, 2025
WHEREAS, the U. S. Conference of Mayors is the official organization of cities with populations of 30, 000 or more that allow each city to be represented in the conference by its Chief Elected Official; and
WHEREAS, the U. S Conference offers the elected Mayors to network, providing insight, camaraderie and opportunity to share best practices with other elected Mayors; and
WHEREAS, out of state travel approval is required for the Mayor to attend the U. S Conference of Mayors 93rd Winter Meeting to be held in Washington, DC from January 17, 2025 through January 19, 2025; and
WHEREAS, the estimated cost to attend the U. S Conference of Mayors' 93rd Winter Meeting is approximately $ 6, 200, and sufficient funds are currently available in the approved City Council training and travel budget for FY 2024-5.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop authorize the out of state for Mayor Akinjo to attend and represent the City of Lathrop at the U. S Conference of Mayors 93rd Winter Meeting to be held in Washington, DC from January 17, 2025, through January 19, 2025.
The foregoing resolution was passed and adopted this 13th day of January 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FO M:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 323
324
325
326
327
328
329
330
331
332
CITY MANAGER' S REPORT ITEM 4. 8
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
ITEM: OUT-F- STATE TRAVEL APPROVAL FOR CITY STAFF
TO PARTICIPATE IN THE ICSC LAS VEGAS
CONFERENCE IN MAY 2025
RECOMMENDATION: Adopt a Resolution Authorizing Out -of -State Travel for Two City Staff Members to Attend and Represent
the City of Lathrop at the Innovating Commerce
Serving Communities ( ICSC) 2025 Conference in
Las Vegas, Nevada from May 18, 2025 to May 20,
2025
SUMMARY:
In an effort to market the City of Lathrop to new job -generating businesses and retail establishments that complement the needs and desires of its residents, the Economic Development Administrator and Community Development Director request approval to travel out-f- sate to attend the annual Innovating Commerce Serving Communities, formerly known as International Council of Shopping Centers ICSC), conference to be held in Las Vegas, Nevada on May 18, 2025 to May 20, 2025. ICSC 2025 is focused on the attraction of retail establishments and shopping center developers.
BACKGROUND:
The Economic Development Administrator was hired in February 2019 to carry out economic development activities, including marketing the city for attraction of commercial businesses, retail businesses, services and other vital outlets for the success of our community.
ICSC conferences are held each year to allow networking and deal making opportunities related to the retail industry. Staff schedules meetings with prospective decision makers thereby allowing an opportunity to showcase the City of Lathrop as a potential location for new business. Traditionally, city staff has participated in the western " Deal Making Show" in Monterey, the " Western Regional Conference" in San Diego, and the larger international " RECON" show in Las Vegas.
Attendance at the Monterey show is approximately 300 - 500 people, 600 people at the San Diego show and more than 40, 000 people at the Las Vegas show including key decision makers, site selection consultants, developers, company representatives, and retailers.
Attendance of two city staff members is being requested. Expenses for this out-fstate travel request include event registration, airfare, transportation, hotel, food, and participation in the Team California exhibit booth. ATTACHMENT " B" includes additional ICSC 2025 Conference and Team California Exhibit Booth Information. 333
CITY MANAGER' S REPORT
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
OUT-F- SATE TRAVEL FOR CITY STAFF
REASON FOR RECOMMENDATION:
PAGE 2
Staff requests that the City Council adopt the proposed resolution authorizing Out - of -State Travel for two city staff members to participate in the ICSC 2025 conference being held in Las Vegas Nevada from May 18, 2025 to May 20, 2025 for the purpose of marketing, outreach, and business attraction.
FISCAL IMPACT:
The total cost for the ICSC conference is estimated to be $ 6, 550. All expenses relating to this conference are within the City Manager Department' sEconomic Development Division and the Community Development Department' s FY 2024- 2025 budgets as approved by the City Council.
ATTACHMENTS:
A. A Resolution of the City Council of the City of Lathrop to Authorize Out -of - State Travel for Two City Staff Members to Attend and Represent the City of Lathrop at the Innovating Commerce Serving Communities 2025 Conference in Las Vegas, Nevada from May 18, 2025 to May 20, 2025 B. ICSC 2025 Las Vegas Conference and Team California Exhibit Booth Information
334
CITY MANAGER' SREPORT
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
OUT-F- STATE TRAVEL FOR CITY STAFF
APPROVALS:
Z-6-Zo29
Shelley Bur am Date
Economic Development Administrator
xia
ck Caguiat Date
Community Development Director
Cari Ja
Finance
s
rector
PAGE 3
Date
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
I2• 1Ys• Z'
335
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
AUTHORIZE OUT-F- STATE TRAVEL FOR CITY STAFF TO ATTEND AND
REPRESENT THE CITY OF LATHROP AT THE INNOVATING COMMERCE
SERVING COMMUNITIES ( ICSC) CONFERENCE IN LAS VEGAS, NEVADA FROM MAY 18, 2025 TO MAY 20, 2O25
WHEREAS, City Council approved funding for a full- time Economic Development Administrator position to carry out economic development activities on behalf of the City;
WHEREAS, staff has identified targeted industry opportunities to market the City for the attraction of industrial and commercial businesses and investment; WHEREAS, the City will participate in the TeamCalifornia booth to leverage marketing dollars and provide Lathrop with a larger footprint at the exposition; and WHEREAS, funding identified for marketing events has been considered and approved within the City Manager Department' s
Economic Development Division and
the Community Development Department' s FY 2024-025 budgets.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, authorizes out-f- sate travel for the Economic Development Administrator and Community Development Director to attend and represent the City of Lathrop at the ICSC Conference in Las Vegas, Nevada from May 18, 2025 to May 20, 2025.
The foregoing resolution was passed and adopted this 13th day of January 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
PAUL AKINJO, MAYOR
ATTEST:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney APPROVED AS TO FORM:
336
ATTACHMENT B
ICSC
LAS VEGAS
ICSC LAS VEGAS is our premier event and takes place annually in May. It is a two- to three- day gathering of dealmakers and industry experts, who are driving innovation and evolution in commercial real estate.
Registration Fees*
Register at the Advance Rate ( ends February 18, 2025, at 11: 59pm EST )
Member • $ 850
Non -Member • $ 2, 075
Retailer Member • $ 0
Student Member • $ 50
May 18- 20, 2025
Las Vegas Convention Center
Las Vegas, Nevada, United States
337
csc
ICSC - Las Vegas 2025
May 18 - 20, 2025 I Las Vegas, NV
ATTACHMENT B
Let your presence be known at the largest live ICSC event of the year, there' s
power in sharing a larger booth and presence together.
Let' s work as a team to capture the retail marketplaces and dining you desire!
Meet with prospects in a designated meeting
space
Display your marketing materials and
giveaways
We will provide you with leads of booth visitors
TeamCalifornia does marketing for our
attendees before, during and after the event
Our booth always has a buzz about it, capture
that energy with us!
Exhibit with TeamCalifornia for a fraction of the
cost of going it alone
Booth Participation Cost:
Booth with shared exhibiting and meeting tables
Members: $2,00 Nonmembers: $4, 500
WE HAVE A HANDFUL OF INDIVIDUAL KIOSK
SPACES - FIRST COME FIRST SERVE
Kiosk sizes will be larger than last year!
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338
ITEM 4. 9
CITY MANAGER' S REPORT
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE SERVICE CONTRACT WITH FRANK M.
BOOTH INC. TO PROVIDE PREVENTATIVE
MAINTENANCE SERVICES FOR THE CITY' S
HVAC SYSTEMS
Adopt a Resolution to Approve a Service
Contract With Frank M. Booth Inc. to Provide
Preventative Maintenance Services for the
City' s
HVAC Systems
SUMMARY:
Frank M. Booth ( FMB), has been providing both preventative maintenance and on - call heating, ventilation, and air conditioning ( HVAC) services for all City facilities for over fifteen ( 15) years. FMB is familiar with the City' s building and HVAC infrastructure and conducts quarterly maintenance on all City HVAC equipment to ensure the functionality and efficiency of the equipment in offices and common areas, including rooms that use specialized computer systems at all sites. This ensures that the critical technology infrastructure has a clean and cooling environment for optimal system operation, ultimately extending the life of the equipment.
The existing agreement for preventative maintenance has expired and further services are required to ensure the functionality of the equipment. Staff reached out to four ( 4) other vendors in the area, but none of them are willing to submit proposals for the required services that FMB has provided to the City for years because they are not able to provide the necessary specialized filtration materials, therefore a sole source exemption to bidding is pursuant to LMC 2. 36. 110. Staff is requesting City Council to approve a new service contract with FMB to provide preventative maintenance for the HVAC systems for a sum not to exceed $ 103, 360 for a one- year term. These expenses will be funded by the budget for each facility requiring services.
BACKGROUND:
For over fifteen ( 15) years, FMB has provided excellent service and when appropriate depending on the air quality requirements, especially during fire season when the air is most contaminated by smoke, FMB utilizes high- grade, special air filters to filter out more contaminants and provide cleaner air for the staff and the public inside the City' sfacilities, as well as to protect the sensitive computer room systems at all sites.
This ensures that the critical technology infrastructure has a clean cooling environment for optimal system operation, ultimately extending the life of the equipment.
Preventative Maintenance is critical to the City' s
HVAC system as it prevents the
equipment from breaking down or malfunctioning due to an issue that could have 339
CITY MANAGER' S REPORT: January 13, 2025 PAGE 2
APPROVE SERVICE CONTRACT WITH FRANK M. BOOTH INC. TO PROVIDE
PREVENTATIVE MAINTENANCE SERVICES FOR THE HVAC SYSTEMS
SERVICES
been prevented. The HVAC machines require maintenance to ensure proper functionality and minimize equipment errors.
FMB is able to promptly provide the specialized filters and is the only vendor willing to ensure the functionality of the HVAC system. Staff reached out to four ( 4) other vendors in the area, but none of them are willing to submit proposals for the required services that FMB has provided to the City for years. These vendors are not willing to submit proposals to the City because they are not able to provide the required specialized filtration materials. Therefore, a sole source exemption to the bidding requirements is pursuant to LMC 2. 36. 110.
To ensure the functionality of City HVAC equipment and create a comfortable and healthy work environment with clean air for employees and visitors, as well as protect sensitive computer room systems at all sites, staff is requesting City Council to approve a service contract with an amount not to exceed of $103, 360 for a one- year term.
REASON FOR RECOMMENDATION:
Ensuring the functionality of the City' s
HVAC systems and prevent malfunctions from
occurring will provide a comfortable and healthy environment that supports employee productivity, enhances the experience for visitors, and ensures the sustained performance of critical technological systems, ultimately resulting in long- term cost savings and operational efficiency.
FISCAL IMPACT:
This agreement will be funded by the budget of each facility requiring services. Each facility has sufficient funds to support services to the HVAC system.
ATTACHMENTS:
A. A Resolution Approving Service Contract with Frank M. Booth Inc. to Provide Preventative Maintenance Services for the HVAC Systems
B. Service Contract with Frank M. Booth Inc. to Provide Preventative Maintenance Services for the HVAC Systems
340
CITY MANAGER' SREPORT: January 13, 2025 PAGE 3
APPROVE SERVICE CONTRACT WITH FRANK M. BOOTH INC. TO PROVIDE
PREVENTATIVE MAINTENANCE SERVICES FOR THE HVAC SYSTEMS
SERVICES
APPROVALS:
1--- 7 - zS
ernandes Date
Information Systems Director
Cari Ja
Financ-` !'erector
Date
Michael King Date
Assistant City Manager
i/glaoas
Z. o2S
Salvador Navarrete Date
City Attorney
S ephen J. Salvatore Date
City Manager
341
RESOLUTION NO. 25 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE SERVICE CONTRACT WITH FRANK M. BOOTH TO PROVIDE
PREVENTATIVE MAINTENANCE SERVICES FOR THE CITY' S HVAC SYSTEMS WHEREAS, Frank M. Booth ( FMB), has been providing both preventative maintenance and on -call heating, ventilation, and air conditioning ( HVAC) services for all City facilities for over fifteen ( 15) years; and WHEREAS, this ensures that the critical technology infrastructure has a clean and cooling environment for optimal system operation, ultimately extending the life of the equipment; and
WHEREAS, the existing agreement for preventative maintenance services is expired and depleted in funds however on -going services and repairs are required; and
WHEREAS, FMB is the only vendor able to provide the required specialized materials in our region to ensure removal of contaminants and provide cleaner air therefore a sole source exception is pursuant to LMC 2. 36. 110; and WHEREAS, to ensure the functionality of the City HVAC equipment and create a comfortable and healthy work environment with clean air for employees and visitors, as well as protect computer room systems at all sites, staff is requesting City Council approve a new service contract with a sum not to exceed $ 103, 360for one year beginning January 13th, 2025.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve a Service Contract with Frank M. Booth Inc. to provide preventative maintenance services for the HVAC systems for one year beginning on January 13th, 2025 for an amount not to exceed $ 103, 360. 342
The foregoing resolution was passed and adopted this 13th day of January 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Major
ATTEST: APPROVED AS TOORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 343
Docusign Envelope ID: A403274F- AB93- 48' 88- BF11- 213A2D2F2939
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP AND
FRANK M BOOTH TO PROVIDE THE PREVENTATIVE MAINTENANCE
SERVICES FOR THE HVAC SYSTEMS
THIS SERVICE CONTRACT ( hereinafter " Contract") is for January 13th, 2025, by and between the City of Lathrop, a municipal corporation of the State of California hereinafter " City") and Frank M Booth. ( hereinafter " Contractor"), whose Taxpayer Identification Number is 94- 1257060.
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
SCOPE OF WORK
CONSULTANT agrees to provide HVAC systems preventative maintenance services in accordance with the scope of work and fee proposal submitted by the CONSULTANT, attached as Exhibit " A" through Exhibit " J" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the standards of its profession and CITY' Ssatisfaction.
CONTRACT PRICE
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 103, 360. 0 for service fees as described in Exhibit "A" through Exhibit "J" and below Water Utility Stations $ 3, 722 per quarter ($14, 888annual) City Hall $ 3, 913 per quarter ($15, 652 annual)
Community Center $ 1, 794. 50per quarter ($7, 178 annual) Generations Center $ 1, 904. 50per quarter ($ 7, 618 annual) Senior Center $ 1, 483. 50per quarter ($5, 934 annual)
Corp Yard $ 1, 666. 50per quarter ($6,66 annual)
CTF $ 3, 208. 50per quarter($ 12, 834 annual)
Police Department $ 4, 672. 50 per quarter ($ 18, 690 annual) Evidence Building $ 2, 575 per quarter ($ 10, 300 annual) Animal Center $ 900 per quarter ($ 3, 600 annual)
CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 below. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A" though Exhibit " J", 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.
344
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939
SERVICE CONTRACT - CITY OF LATHROP AND FRANK M BOOTH TO PROVIDE
THE PREVENTATIVE MAINTENANCE SERVICES FOR THE HVAC SYSTEMS
TIME FOR PERFORMANCE
The effective date of this contract is January 13th, 2025 and shall terminate no later than January 12th, 2026. Provided, that the CITY has the option to extend this agreement under the same terms and conditions for one additional ( 12) month period, commencing on January 13, 2026 and terminating on January 12, 2026, with no change to Contract price of $96,70. 0. Any additional extensions of this contract beyond January 12, 2026 shall be based upon the agreement of the parties at that time.
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' s expense.
NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner.
a) If the notice is given to the City, by personal delivery thereof to the City' s Director of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s Director of Public Works, postage prepaid and certified;
b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' sBid postage prepaid and certified; or
c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United
345
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939
SERVICE CONTRACT - CITY OF LATHROP AND FRANK M BOOTH TO PROVIDE
THE PREVENTATIVE MAINTENANCE SERVICES FOR THE HVAC SYSTEMS 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. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.
HOURS OF WORK
Eight (8) hours of work in any calendar day shall constitute a legal day' s work. The
Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- fivedollars 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is
346
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939
SERVICE CONTRACT - CITY OF LATHROP AND FRANK M BOOTH TO PROVIDE
THE PREVENTATIVE MAINTENANCE SERVICES FOR THE HVAC SYSTEMS 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.
347
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939
SERVICE CONTRACT - CITY OF LATHROP AND FRANK M BOOTH TO PROVIDE
THE PREVENTATIVE MAINTENANCE SERVICES FOR THE HVAC SYSTEMS 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' s name, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.
The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty- fivedollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.
Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.
PREVAILING WAGES
a) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. ("Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable "public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at
http:// www. dir. ca. gov/ dIsr/ PWD/ index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor' s
principal place of business and at the Project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims,
348
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939
SERVICE CONTRACT - CITY OF LATHROP AND FRANK M BOOTH TO PROVIDE
THE PREVENTATIVE MAINTENANCE SERVICES FOR THE HVAC SYSTEMS liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
b) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.
CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at
CONTRACTOR' Ssole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,00). In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a
program of selfinsurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement. b) Commercial General and Automobile Liability Insurance.
CONTRACTOR, at CONTRACTOR' Sown cost and expense, shall
349
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939
SERVICE CONTRACT - CITY OF LATHROP AND FRANK M BOOTH TO PROVIDE
THE PREVENTATIVE MAINTENANCE SERVICES FOR THE HVAC SYSTEMS maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than two million dollars per occurrence ($ 2, 000,00), combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of
CONTRACTOR; premises owned, occupied or used by
CONTRACTOR. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONTRACTOR to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A: VII.
350
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939
SERVICE CONTRACT - CITY OF LATHROP AND FRANK M BOOTH TO PROVIDE
THE PREVENTATIVE MAINTENANCE SERVICES FOR THE HVAC SYSTEMS vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self -Insured Retentions. CONTRACTOR shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY Manager may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONTRACTOR procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR' Searliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
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.
351
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939
SERVICE CONTRACT - CITY OF LATHROP AND FRANK M BOOTH TO PROVIDE
THE PREVENTATIVE MAINTENANCE SERVICES FOR THE HVAC SYSTEMS
INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any
Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.
This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.
COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein. Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.
352
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939
SERVICE CONTRACT - CITY OF LATHROP AND FRANK M BOOTH TO PROVIDE
THE PREVENTATIVE MAINTENANCE SERVICES FOR THE HVAC SYSTEMS
INTERPRETATION
a) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract. b) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.
APPLICABLE LAW
a) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California.
b) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.
SIGNATURES
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
353
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939
SERVICE CONTRACT - CITY OF LATHROP AND FRANK M BOOTH TO PROVIDE
THE PREVENTATIVE MAINTENANCE SERVICES FOR THE HVAC SYSTEMS Approved as to Form:
Recommended for Approval
Approved By:
Contractor:
City of Lathrop
City Attor
Salvador Navarrete
City of Lathrop
Director of Information Systems
r—DocuSigned by:
rtilitztJAAS
1r7nriF541n1 PAM
Tony Fernandes
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
2, 71 M
Date
12/ 27/024
Date
Stephen J. Salvatore Date
City Manager
Frank M. Booth, Inc.
4220 Douglas Blvd
Granite Bay, CA 95746
DocuSigned by:
leokvi1R15R3AtF7F943R
Frank M. Booth
Fed ID # 94- 1257060
Lathrop Bus License No. 40098
12/ 27/024
Date
354
Docusign Envelope ID: A403274F- AB93- t888- 8F11- 213A2D2F2939 Exhibit A
PRANK M.
MOWN, INC.
orMforaikeasos moonshot*
Loc en: Multiples Locations ( See Attachment B)
42' 30 Douclas Siva
Granite Bay CA 9574,
9Th) f78- 3908
ork: Preventive Maintenance on Mechanical Equipment
dram enrollment: One Year
Labor Rates:
150. 00 Regular Time ( Business hours M -F, 7: 00AM- 4: 00PM) T me ( Before or after regular business hours, including Saturday) OD ( Sundays and holidays)
ant for Preventative Maintenance Services:
14, 888. 00Annually, Billed Quarterly at $3, 722. 00
Table of Contents:
Mechanical and HVAC Customer Care Program Features Attachment A Equipment Covered Attachment B
Equipment Maintenance and Inspection Tasks Attachment C Exclusions & Clarifications Attachment D
natures and P. O. Number Attachment E
and Conditions Attachment F
W*. RAPO. 111DQTM. Dori+
355
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 4230 Douglas Blvd
Granite Bay CA 46
916) 878- 306°
Preventative Maintenance Program Features:
ntive Maintenance:
maintenance visits, Frank M Booth, Inc will provide proactive, hands on services beyond manufacturer' s
specifications designed to improve equipment
on, increase energy effidency, minimize breakdowns and prolong equipment life. Please ce detailed Maintenance and Inspection Tasking in Attachment C.
Priority Service:
You will receive priori l r customers not enrolled into the FMB Preventative Maintenance Progrirt Any service request generated by your company will be given priority status based on VIM of call and time ofrequest.
Preferred Customer Discount:
lob the FMB Preventative Maintenance Program includes a preferred customer of5% off regular rates.
www. rfeA, u. aUtH. GPM
356
4230 Douglas Blvd
Oranite Bay CA fame
IS) 878- 3liO8
vered under Preventative Maintenance Program
waai+ a =rsu. inmern+ Inhumation
Sher and Storm
Model Number
YosemSMFnriinrnent Information
Gateway sewer
It .,, Model Number
980 O Street Equipment Information
o St Sewer
11 It MI
S Harlan
WNW. FIRANKINOOTM . OOM
nt Inform TM a Woodfield Sower
357
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 4230 Daug as Blvd
Granite Bay OA 95748
01e,) R78- 3408
ley Equipment Information Weil 21
nford Crossing Equipment Information BPs s
Tag Number, Manufacturer Nadel Number Frequency
wWW. IRANK• GOTH. cam
358
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 4230 Dc* igas Blvd:.,
Granite Bay CA95T46
j916j 878- 38O8
andHs liiiimpMainfinance and Inspection Tasking
Temperatures
Excessive Noise or Vibration
Inspect for My Leaks
Check Crankcase Heater
theck ornpreesorMounts
jiy
orr> preasor Operation
Levels
1 and Lubricate as Required'
r+essor Controls
Condensate Pump"
Check Condensate Pan and Drains
Check Belts and Adjust for Proper Tension'
Inspect Fan Wheel
Inspect Condenser Col Condition
Check Condenser Fans
Check Supply Fan, !*+
Check and Connections
Inspect is and Wiring
Change FR
Check Valve'
As
www. rNANKYDCTH COM
359
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 s, µ
an Blade
nt Levels
and Tighten Ele rical Connections
Inspect Electrical Components and Viking
Check Crankcase Heater
Compressor Safeties
h _ mproasor operation
360
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 ir 000,
PIIIM C M.
BOOTH, INC.
4230 Douglas Blvd.
Granite bay CA 0746
a i6) 87a- 3808
paper documentation of maintenance services and repairs performed to p r rm maintenance activities is included
needed beyond general maintenance will be quoted
available Monday- Friday 7: 00am to 4: 00pm (916) 878- 3808 24/ 7alter hours' emergency service warble (888) 416. 1711 v
2 -hour rrtiimum charge for service calls
Matntpnance inspections coincide with manufacturer specifications cal engineering„. etfiavailable for consultation
System Support if Installed by FMB
Into the Preventative Maintenance Program can be cancelled at any time by party with a 30 -day notice. Silting will be issued for services rendered.
Contract will auto renew yearly.
Exclusions:
Temporary cooling
Insurance cov rirl
Refrigerant
Work related to fre life safety
Work related to lighting
or asbestos
WWW. r RAID. MOO TM. OOM
361
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 aws* NK M.
0. Number
14- 4
4230 Doug ac Blvb
Granite. i &y X85746
916) 8784008
a fully executedegreement which is able to be terminated at any wield must be given 30 days prior to actual termination date. omer Representative Signature:
uthoier Printed Name:
Mlle:
FMB Representative Signature:
Representative Printed N •
Representative' s
Representative' sSignature:
Date:
NV. r11ANKYOOTI4 COM
362
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 4230 D
Granite Bay*+
018) 8114$
Terms ancl, Conditions
hated In the Proposal by Frank M. Booth, Inc. Upon acceptance of this be perhotmsd. Deficiencies wB be reported to the OwnerfAgent after cork iequked outside the scope of this Agreement will be as authorized 1 wraang, the OwnedAgent represents that the systems covered by the Preventative frgatillMent are in good working order. As soon as practical altar the Preventative Maintenance has been executed,. Fra k M. Booth, Inc. will inspect the HVAC systems for any obvious deliciendes and antomers scene. Amon of any findings alter the irdial or any subsequent inspection will be provided to OvverlAmmt. Repair or replacement of work mode neceaaary by deficienciesfound, except to the extent as may NMbbean caused by the actions of Frank M. Booth. Ina. are not covered by the scope of the Agreement. weekend emergency service calls ate dispatched to the ON -CALL service technician within 30 the ca. The service technician edam contact the Caner/ Agent and tletairmi a the proper calls for CRAG LIMN. be di patched within 4 hours after receiving cal. provided for maintenance services and repairs performed.
Inc. will make all reasonable efforts b avoid damage to property or k ury to personnel. Frank M. will only be NOM for Ivory or damage resulting from its sole negligence. Collateral damages. e. g. loss Meet productivity or work in prods, is specifically excluded except as may result from the ado negligence of Frank M. Booth Inc.
Frank N. Booth, Inc. will not be liable for any loss or damage resulting from delay in furnishing services due to fame rnapure or any event beyond its control.
7. Except as has been previously disclosed in writing tor M. Booth, Inc.. CwreWAt t t no
asbestos or other hazardous ear % rider ere mrwelaps or the area where the work by the Agreement is
a eas tooM. t place.
for the maintenance, repair orservices MKINIONSIXI by obsolete pouts, negligent use or ltbyt . . ' medication or repair by *there orImproper operation he systems covered by tie Apnami*
9. If payment is , wham due or if Owner/ Agent is in broach of the Agreement Frank N. Booth, Inc. may enforce awry available by law, including without imltatlsn, suspension or termination of amylase.
10. Ali amok** "'' thirty days. Interest charges wit be added to past due accounts.
11. pnlglrrent N. Booth, inc. (FMB) for progressive, ratasied, or final accounts is contingent** upon FMB' s obligations under the
and Payment bond is not included.
FMB that the Customer will schedule, direct, and sequence the work and efficiently so as l) coordinated sequencing of the trades; I) reasonable durations for the doles.
right to recover damages and/ orits full costs resulting from delay.
Owner cr their
Cuidorner to ofthe wont
re be such
dovertime, ` * rated,
NOW to or any NEW for their
q proportion to and to the extant that
Its employees.
work or the .schedule which have a material
in an equitable in the Suloccritract
costs to be assessed (Against FMB without ,<
responsible for loss of work in
attorney' s its full costs
W WW TOOTH . OOM
363
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 INK M.
IDOCITH, INC.
4 'z/rfS adds Asialionshipe
Cilyof Lathrop
390i" ouypeCentre Dr.
Lathrop, CA95330
City Hall
4'r;;()
Gr atil< rr8 p, ,r;4
Exhibit B
Thank you for the opportunity to present our Preventative Maintenance Program for who choose FMB for their Preventative Maintenance services because their mechanical systems are maintained beyond
s specifications. Such compliance not only limits unforeseen and costly It conserves energy depositing the savings in to the customers bottom Frank M. Booth, Inc. strives to care for our customers and their needs for years to follow. Thank you again for the opportunity to show you how Our Performance Builds Relationships®.
Respectfully,
Robert Kaufman
Service Meer
Frank M. Booth, INC
be tkOfra booth. cm
418) 3104204Ju
W . rPOANP. etu3TH ag,, i
364
Docusign Envebpe ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 mac M.
STK NC.
Location: 390 Towne Centre Dr., Lathrop, CA 95330
L, EIVO.
0ranit. 3. ay CA 95746
n- 3o0b
Preventive Maintenance on Mechanical Equipment
Dur n gram enrollment One Year
Ispl d s:
150. 00 Regular Time ( Business hours M -F, 7: 00AM- 4: 00PM) 20010 Over Time (Before or after regular business hours, including Saturday) EkiockoA, andholidays)
for Preventative Maintenance Services:
2. 00 Annually, Billed Quarterly at $ 3, 913. 00
Table of Contents:
Mechanical and HVAC Customer Care Program Features ...... Attachment A Equipment Covered
Equipment Maintenance and Inspection Tasks
Exclusions & Clarifications
natwea and P. O. Number
Terms and Conditions
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
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365
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 for
4230 DougLas Biva
Granite Bay CA 9574
916) 673- 3.04
A
HV bita! Preventative Maintenance Program Features:
Sr. hedulei Preventive Maintenance:
visits, Frank M Booth, Inc wil provide proactive, hands on manufacturer' s
specifications designed to improve equipment
energy efficiency, minimize breakdowns and prolong equipment life. Please detailed Maintenance and Inspection Tasking In Attachment C.
Priority Service:
You wiU receive priority service over customers not enrolled into the FMB Preventative Maintenance Program. . request generated by your company will be given priority status based on type of me of request.
Preferred Customer Discount:
Enrollment the FMB Preventative Maintenance Program includes a preferred customer Olicountof5% off regular rates.
WWW. FRANK SOD 114 RUM
366
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 PRANK M. 4230 Douglas Blvd
Grat& Bay CA 95746
318) 87a- 3808
er Preventative Maintenance Program
Eqaliment Information
W * w. rn AN KNOW' H. CID
367
Docusgn Envelope ID: A403274F- AB93- 488& BF11- 213A2D2F2939 PRAM( M.
1111oOTNa INC.
andainspe> ction Tasks
Antl ssoecdon Tasking
ition of Unit„
s ntratures
Noise or Vibration
inspett for Any Leaks
Check Crankcase Heater
Check Compressor Mounts
Check Compressor Operation
Is
s and Lubricate as Required
Compressor Controls
Condensate Pan and Drains
Check Belts and Adjust for Proper Tension
Inspect Fan Wheel
Inspect Condenser Coil Condition
Check Condenser Fans
Check Supply Fan
Check and Tl Connections
inspect Electric: O.` Components and Wiring
Change Filters
System Indoor Unit Maintenance and Inspection Tasking
Check General Condition of Unit
Check and Tighten Electrical Connections
instisetEleclikel Components end Wiring
Pump
Any leaks
r Fan Operation
ostat/ Remotecontrol
Fitters
Coil Condition
4230 Douglas Blvd
Granite Ba CA 95746
918) 878408
MfWW. FR ANKUDOTH OAR!
368
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 MOW
Blade
levels
and Tighten Electrical Connections
Inspect Electrical Components and Wiring
Check Crankcase Heater
Inspect fompressor Safeties
f eration
name and Inspection Tasking
Inspect for Acceptable Circulating and Feed Water Quality Inspect and Tighten Electrical Connections
Inspect Electrical Components and Wiring
Check Pressure/ T
Inspect Gas Assl k,
inspect Gas and r ° _ { Devices
Inspect Cornbusidon Chamber
Check Gas Pure and Adjust as Needed
Input theFlue Exhaust Assembly
Check All Water Connections and Valves
CheckEloctrical and Electronic Components
Check Condensate Drainage
Check Expansion Tank
CheckfilOw Switch for Proper Operation
Levels ( Annum
Clean the Fan/ kgwer( Annual
bustlon An» 1 Ile as -Needed ( Annually)
W WW . rTIANF: MOUTH . QOM
369
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 for
PIIII* NK M.
IRIOOTM, m.
Tasking
r Tension
tion
matte,
ndtetscrews for Tightness
enable Inlet Vanes for Freedom of Operation
Inspect Spring and Rubber Isolators for Deterioration
04nepect Fan Components for Cleanliness
ey and Sheave
Alignment
t
44 _
4230 Douglas Blvd
Granite Bay 8$746
916) 878- 3
WW. rwAN. CMOOT lcsaM
370
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 PRANK 14.
OTM, NC.
Exclusions:
42301.: ouglas Blvd,,,,.
Granite Bay k1
A1E) 878
mentatlon of maintenance services and repairs performed pfakarm maintenance activities is included
needed beyond general maintenance will be quoted
available Monday- Friday 7: 00am to 4: 00pm (916) 8783808 2411 alter hours' emergency service evadable (888) 416- 1711 2 -hour minimum charge for service calls
nce inspections coincide with manufacturer specifications nice' engineering staff available for consultation
System Support if installed by FMB
into the Preventative Maintenance Program can be cancelled at any time by party with a 30 -day notice. Billing will be issued for services rendered.
Contract will auto renew yearly.
Temporary cooling
Insurance
Refrigerant
Work related., fire life safety
Work WOW to lighting
or asbestos
371
Docusign Envebpe ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 916) 87(
r
fully aweerrient which is able to be terminated at any
be given 30 days prior to actual termination date.
u! tomer Representative Signature:
Autlosizer Printed Name:
retie:
FMB Representative Signature:
Representative Printed
Representative' s
Representative'. a 'tature:
Ewe:
or time. rigANN. MOO Y . ROM
372
Docusign Envelope ID: A403274F- A893- 4888- BF11- 213A2D2F2939 916) 8
the Opportunity to Present our Preventative MairdenanceuP nt for who chae$ r*; Preventative Maintenance sew*..
use their mechanical systems are maintained twond
specifications. Such compliance not only limits unforeseEn and costly it conserves energy depositing the savings in to the customer' s bottom WW. FRANK SOOT H. QOM
373
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 374
Docusign Envelope ID: A403274F- AB93- 4888- 8F11- 213A2D2F2939 Our Polon: maBuilds A halo s•
Preventative Maintenance Program
Location: 13557 5 St, Lathrop, CA
Scope of Work: Preventive Maintenance on Mechanical Equipment Duration of program enrollment: One Year
Labor Rabe:
150. 00 Regular Time (Business hours M -F, 7: OOAM- 4: OOPM) or after
iwAdaYsi
Bird CkvirlerlY at. $1, 794: 50
Table of Contents:
Care Program Ferurea ,.• AtbchmefteA
Attachment B
and Inspecdon Tasks Attachment C
tD
tD
WW. • RANRsUQDTH COM
375
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 376
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 377
Docusign Envebpe ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 378
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 cwPvifbrm. ncr a Rastionships.
Attachment D
Clarifications:
Preventative Maintenance Program
Electronic and orpaper documentation of maintenance services and repairs performed Labor and materials to perform maintenance activities Is included Additional repairs needed beyond general maintenance will be quoted Dispatcher avail* Monday- Friday T: 00am to 4: 00pm (916) 678- 3838 WWW. FRANK MOWN .DOM
379
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 Upon signatures this becomes a fully executed agreement which is able to be terminated at any time by either party. Termination request must be given 30 days prior to actual termination date. 380
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 OurPerformance & Mrs aasuanlhips•
Attachment F
Preventative Maintenance Program
Terms and Conditions
1. The services include only thoee items as listed in the Proposal by Frank M. Booth, Inc. Upon acceptance of this proposal. only the scope of wart listed will be performed. Deficiencies we be reported to the Owner/ Agent after initial and any subsequent inspection. My work required outside the scope of this Agreement we be as authorized by OWMiliftellt.
2. Except se sat tarot kn wrung, the Ole sdAlpartr represents that the systems covered by the Preventative Maintenance Agreement art in good worfckg order. As soon as practical after the Preventative Maintenance Agreement has been executed, Fronk M. Booth, Inc. will inspect the HVAC systems for any obvious deficiencies at customer' sm an ee. A report of any fin dings altar the initial or any subsequent inspection will be provided to OwnedAOelt Rep* orreplaternent of work made neosssery by defilade' found, except to the extent as may d' from delay in finshkr0 services due to
do Frank M. Booth, Inc., Owner/ Agent moments that no
are within the envelope guts sue where Me work covered by the mairntananeer„ repeiror services
orrepelr by others ter Improper
ma, my -
17. FMB indemnily abligatien _ on* apply in proportion to losses the negligent acts crMaelona. at FMB orits employees.
and to the extent that claims, reneges, or betas result from
18. It Is assumed by FMB that champs kr work or the schedule which haws material stied on the planting, coordination. or sequencing of MS we
19. Customer not incur
mutt an equitable pry.
any costs to be weed providing FMB a written 72 hour notice to CUM
20. Fi4B will not be responsible for damage or loss of work in place caused by others.
21. FMB will be added to attorney' sfees and its full costs by reason of any breeds or default by Customer.
22. This Praventstivs Mafniensnce Agreement we entorneticely renew yew if notification is not provided within 30 days of the expiation date.
WWW. RRAN K aCIM
381
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 Exhibit
D
382
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 383
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 384
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 385
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 386
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 Preventative Maintenance Program
Attachment Q
Clarifications:
Electronic and or paper documentation of maintenance services and repairs performed Labor and materials to perform maintenance activities is included Additional repairs needed beyond general maintenance wtil be quoted Dispatcher avalid* Monday- Friday 70Qam to 4: 00pm (916) 878- 3838 24/ 7after hours' emergency service available — 1- 877-39- 2348 2 -hour minimum charge for service calls
WWW. VWANKMOOT* 4 OaM
387
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 Or Pefformanceaulitle psy .
Attachment E
Preventative Maintenance Program
Signatures and P. O. Number
Upon signatures this becomes a fully executed agreement which is able to be terminated at any time by either party. Termination request must be given 30 days prior to actual termination date.
W. PRAMKSGCTM. COM
388
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2 2939 Our Pe lbrrnsrmr MA* atMdeo s+
Attachment F
Preventative Maintenance Program
Terms and Conditions
1. The serviuss include only those items as Meted in the Proposal by Frank M. Booth, Inc. Upon acceptance of this proposal, only the scope of Wok listed will be performed. Dsfdendee will be i
reported to the Owner/ Agent after end anyeny subsequent inspection. Any work required outside the scope of this Agreement w1M be as aulhodzed by Owner/ Agent.
2. Except as set forth in vrking. the Owner/ Agent represents that the systems covered by the Preventative Maintenance Apresnnent are In good working order. As soon as practiced after the Preventative Maintenance Agreeraer t hes been executed, Frank M. Booth, Inc. vial inspect the HVAC systems for any obvious deedencies at manse' s expense. A report of any findings rater the initial or any subsequent inspection will be provided to Owner nil. Rap* ormplocemord of ttrork made necessary by deficiencies found, except bthe extent as may daisy in furnishing services due to
tali it Frank M. Booth, Inc., Otimer/ Agent represents Melillo are within the envelops wits area whir 1M work covered by the maintenenot, repairor services
or repair by climb or her
OwnerMpent N in
Included.
services.
17. FMQ indemnity obligation shell only apply in prnportisn to and to the extent that claims, damages, or losses result from the nooks* ads or omissions ofFMB orIto employees.
18. It N assumed by FinMet damps In work or the schedule which have a material enact on tie planning. coordination, or sequencing ofFla * II rest* in an equitable seustment in tie Bubo: intact price.
19. Customer We not Incur any costs to be assessed against FMB withotA first providing FMB a written 72 hour notice to cur*.
20. FMB wit not be responsible fordamage or loss of work in place caused by others.
21. FMB sit be entitled to dMons? sfees and lb tut costs by raison of any breech or dsfauk by Customer.
22. This Preventative M iMtstsaos Agreement will automatically renew year to year If notification is not provided within 30 days of the a pinsron date.
WWW. rNAMK. aaTM.oM
389
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 Exhibit
E
390
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 391
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 392
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 393
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 394
Docusign Envelope ID: A403274F- AB93- 1888- BF11- 213A2D2F2939 Electronic and or paper documentation of maintenance services and repairs performed Labor and matrwirds to perform maintenance activities is included Additional repairs needed beyond general maims will be quoted Dispatcher available Monday- Friday 7: 00am to 4: 00pm (918) 878- 3838 24/ 7after hours' emergency service available - 1- 877-39- 248 2 -hour rnirdnuen charge for service cab
395
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 396
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 Terms and Conditions
The services kmdude only those items as listed in the Proposal by Frank M. Booth, Inc. Upon acceptance of this prop. only the scope of work listed vAl be performed. Dettoisndes wit be reported to the Ownsr/ Agent after initial and anyaubsequent inspection. My work required outside the scope of this Agreement we be as authorized by OwnedAgent.
Except as set forth in writing, the Owner/ Agent represents that the systems covered by the Preventative Makttsnance Aprsanment are in good working order. As soon as practical after the Prevents*. Maintenance Agreement bee been a touted. Fronk kl. Booth. inc. will inspect the PA/ AC system for any obvious deficiencies at astomers experae. Areport of any * Anus after the Mel or any subsequent inspection will be provided to OwriesAgeitt. Repair or repiacement ofwork made necessary by deficiencies found, except to ilia extent as may F .. of
17 = htlenvl o6ipamn Mrdi only apply In ptepodion to and to the .. tent that u9drns, damages. or tosses result from the negligent acts or drab iilons offat orits enoloyeee. 18 It is assumed by Fite that cbanps in work or the Mudd. which have a malar1d affect on the plumtnp, coordination. or sequencing of FMB * st result in an equltabtsatuaeanent in the 3u9ocn1ract plc..
19. Customer vial net incur any coats to be aeaaseed against FLAB without first providing FMB a written 72 hour notice to Ctn.
20. Fund will not be responsible for damage or loss of wort In phoe caused by others.
21. MB will be welded, to a llmrsy' slees and its Ail costs by reason of any breech or default by Customer.
22. This Prevents*" Maintenance Agreement we aWemaikelty renew year to year If notti scion is not provided within 30 days dthe expiration data.
397
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 Exhibit F
OurP a omtan Builds R, k„a„, , p„•
Preventative Maintenance Program
City of Lathrop
390 Towne Centre Dr.
Lathrop, CA 95330
Corp Yard
NM. FRANK MOM .OOM
398
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 OMPerformance Builds Iteletkpaships•
Preventative Maintenance Program
Location: 2112 East Louise Ave, Lathrop, CA
Scope ofWork: Preventive Maintenance on Mechanical Equipment Duration of program enrollment: One Year
Lidsor Rates:
www. FRANKa0OTi4 0014
399
Docusign Envelope ID: A403274F- A893- 4888- BF11- 213A2D2F2939 Preventative Maintenance Program
HVAC Mechanical Preventative Maintenance Program Features:
400
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 401
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 OurPalomtaice Bull* Relationships*
Attachment C
Equipment Tasking
Preventative Maintenance Program
Air Conditioning Urn and Heat Pump Maintenance
and inspection Tasking
Check General Condition of Us *t
Check Operating Temperatures
Check for Excessive Noise or Vibration
Inspect for Any Leaks
Check Crankcase Heeler
Check Compresr Motes
Springs send Rubber
Deterioration
Inspect Fan Components for Cleanliness
Check Pulley and Sheave'
Check Drive Package Aliment*
Check VFD•
As Applicable
Spit System Outdoor Unit Mah lenance and
Inspection Task*
Check General Condition of Unit
Check Condenser Col Condition
inspect forAny Leaks
Check Condenser Fan Motor
Inspect Condenser Fan Blade
Check Refrigerant Levels
heck General Con ition of Unit
Check and Tghtsn. Mocblicell Connections
Inspect Etachical Conloonants and
Check Condenset. Pkj
Inspect for
Check
Leaks
W. FRANKS= Tli. COM
402
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 our * Ms os'
Attachment D
Preventative Maintenance Program
Clarifications:
Electronic and or paper documentation of maintenance services and repairs performed Labor and material to perform maintenance activities is included Additional repairs needed beyond general maintenance will be quoted Dispatcher available Monday- Friday 7: 00am to 4: 00pm (910) 878- 3838 24/ 7 after hours' emergency service svaiiable —1- 877-39- 248 2 -hour minimum charge for service cab
WWW. / NAM UR: 20TM. DOM
403
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 2133A2D2F2939 Attachment E
Preventative Maintenance Program
Signatures and P. O. Number
Upon signatures this becomes a fully executed agreement which is able to be terminated at any time by either party. Termination request must be given 30 days prior to actual termination date.
WW. PRANK. BOOTH. OOM
404
Docusign Envelope ID: M403274F- AB93- 4888- BF11- 2133A2D2F2939 Terms and Conditions
1. The services include only those items as feted in the Proposal by Frank M. Booth, Inc. Upon acceptance at this proposal, only the scope of work listed WI be performed. Deficiencies all be reported to the Owner/ Agent after initial and any subagent khspection. My WOdt required outside the scope of this Agreement wit be as authorized by owrdAgernt.
2. Except as set forth in wr dOng, the QsnsdAgsri legnielanta that the systems covered by the Preventative Maintenance Agreement ere in good wh arldr> Border. As soon as practical after the Preventative Maintenance Agreement has ban executed, Frank M. Booth Inc. hail inspect the HVAC systems for any obvious defdendes at customs?* sigmas. A report of any findings after the Mid or any subsequent inspection wit be provided to Omer/ Rent Repair or replacement of wotlt methnecassry by deg: Macias bond, except to the extent as may or
17. FMB Mann* obligation . trailordy apply inrproportion tro and to the extent that deans. damages. ges, or losses result from the nakgsntacfs or missions ot Me or Its employees.
1 a. It * assumed by Floe mm chime In wads or aha schedule which teem a material effect an the pinning, coordinedon, or aequandeg of FMB will result in on equitable eigustment In the Subcontract price.
19. Customer MN not incur any costa to be assessed agmMat FUR without that providing FMB a widen 72 hour nobos to cure.
20. KM we not be responethi for damage orloss of wort in place awned by others.
21. Pill we be MOM to attorneys fees and is fill moots by mason of any breach ordafar* by Customer.
22. This Preventative Maintenance Agmerrwnt w" mew year to year if mailmen is not provided wllhk130 days of the expiration date.
405
Docusign Envelope ID A403274F- AB® 34888- BF11- 213A2D2F2939 406
Docusign Envelope ID: A403274F- AB934888- BF11- 213A2D2F2939 an Mechanical Equipment
ment One Year
Time (Business hours M -F, 7: OOAM- 4: OOPM)
or air , houta, inc di
and holidays)
for Pm/ unitive Maintenance SOIdeas:
2, 834. 00 Annually, Bid Quarterly at 33, 208. 50
Table of :
rcapa TM. o4M
407
Preventive Maintenance:
FigaiaaggskivairAN provide proactIve. hands
martteciurses specifications designed to . equipment
elegy efficiency. minknke breakdowns and prolong sou • ' , ife. Please detailed Maintenance end iron Tasking in Attachment C.
Priority Service:
You wl receive
Maintenance
stabs based
408
409
410
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 411
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 Connections
and Wiring
Operation
and ksputSon Tanking
and Mot forProper Tension*
for Bscesstve Noise orVibration
Inspect and Lubricate Bearings
Inspect Fan Wheel for Damage
Check Fan Motor
Inspect Bolts and
Inspect Variable
rx
Inspect
CleanMMness
for De Ihl
Inspect FarR.. ' ,. `'
Sheave°
AlignMonts
412
a s qtr eand repairs performed
maw :
IIV •, ._ _ ' i inckided
x ..• °
A be quoted
of Friday fi. m ta (W9 1B8- 38f38
tea+
ere gency service available (888) 418- 1711
hour minimum for service calls
Makitenance coincide with manufacturer speca a ons
wi ,tes ctwrai engineering skiff available for consultation SYstein, PcfAn by Fie
Rr ram can be at any
11 a 30 -day notice. Bilk will be issued for se .
Temporary cooling
Insurance covering mold,
Re figerant
Work
Work
WWM.? NANK• O0TM. QOM
413
Docusign Envelope ID: M03274F- AB9 4888- BF11- 213A2Dfr2J39 becomes a
fully executed agreement %vhich a able mated at any
party. Taineina request must be given 30 days priorWafts' termination date:
ntati S;
Dale:
FMB Re
414
415
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 Exhibit H
4231, Logg as
l+ra' i:r= Uay CA 9574E
v0 4; 8- 3808
City of Lift,* Police Department
040 River Isms Perkway
CA 9831)
Thank you for the opportunity to present our Preventative Makrtenance Program for your facility. Customers who choose FMB for their Preventstlrre Maintenance services ecictitwas at mind their mechanical systems are maintained beyond Such compikmce not only limits unforeseen and costly
energy depositing the savings in to the customer' sbottom Frank M. Booth, Inc. strives to care for our customers and their needs for years to follow. Thank you again for the opportunity to show you how Our Performance 9uIds Retationatrips .
Robert Kaufman
Service Manager
Frank M. Booth, INC
roberikefrankbo th. 00m
415) 3104204
W. FR MwaDDT. I =phi
416
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A202F2939 PRANK M.
Location: 940 River Islands Parkway
4230 G' Ina f31vo
C+rannnF• day CA 9574€
s;) 8715. 3808
Scope dWent: Preventive Maintenance on Mechanical Equipment Dungy of? prep a ni enamor* One Year
Labor Rates:
150. 00 Regular Time (Business hours M -F, 7: 00AM- 4: 0OPM) Qyw Time (Before or after newer business hours, including Saturday) 250. 000.O (Sundays and holidays)
iglasbnent for Prevetnathre Mal vane* Services:
18, 690. 0OAnnually, Billed Quarterly at $4, 672. 50
Table of Contents:
Mechanical and HVAC Customer Care Program Featuies Attachment A Equipment Covered Attachment B
Equipment Maintenance and Inspection Tasks ..................... Attachment C Exclusions & Clarifications Attachment D
Signatures, and P. O. Number . Attachment E
Terms and Conditions Attachment F
040v. rlrAta., moo To. cam
417
Docusign Envelope ID: A403274F- AB93- 4888- 8F11- 213A2D2F2939 mum at
WJC.
4230 Douglas Blvd
Grande Bay CA 96746
cc) 878- 3808
Attachment
HW C AUcharkal Preventative Maintenance Program Features:
Scheduled Preventive Maintenance:
viette, Frae * bl Bavih, Inc will provide pr+ oactive, hands on men ta: WW2 moons designed to improve equipment
energyMiami, ryebreakdowns and prolong equipment We. Please detailed fAaintarance and it cm Tasking in Attachment C.
Priority Service:
You eoNl receive pry 41110401. over customers not anrcaed into the PMB Preventative Maintenance Program. Arrysiervide rawest generated by your company wig be given priority status based on type of eel and tine of rogue .
Preferred Customer Discount:
EnrollmentND the FMB Preverdative Makibmancs a preformed customer decount fVS di regular rates
Www. rPo, aat,. 30w,
418
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 4230 Douglas Bird
Granite Bay CA 95746
tO 16) 8'3808
A1ltathn* tB
Equipment Covered under Preventative Maintenance Program Equipment information
419
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D1F24O9 MAIM M.
ODOM MC.
4230 Douglas Blvd
Granite Bay CA 95746
t9 lb) 878- 3806
Equipment infbrrnation
ler
www. ANI: waTH Dam
420
421
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 PINANC IM.
ODOM N'.
crandborlimanissomoree
Split indoor Unit Mablio once and Inspection Tasking
Lion of Unit
Mick mid Tighten Eliec tioni Connections
lvootMeld Componerds and Wiring
Check Candefilidie Pump,
Inspect -6rAny Leaks
Fan Opeation
Check lberrnasbkbRemote control
Clean Washable Fes"
inspect indoor Coll Condition
As Applicable
4230 Ouugias Blvd
3ranrte Bay CA 9574E
D16 878- 3008
illysktpla. mtINfitfilaktenenee and Inspection Tam
Chet* General Condition of Unit
Condenser CO Condition
Inspect OrMy Leaks
Check Condenser Fan Mom
Inspect Condenser Fan Blade
Check t
iperard Lewis
Check and 7idhtsn Eiechrktal Connec dons
Inspect Electrical Ceti Mae and Wiring
Check Crankcase
inspect Connp weer Sables
Cheek Cor rrsssar Operation
WWW. RAMKtt• Oam COM
422
Docusign Envelope ID: A4O3274F- AB83- 4888- BF11- 213A2D2F2939 IIIIII mum m.
1100114,
mralower
Attachment
CialifiCati0119:
Elecironic end or paper doaurnenfatfon of = Mimeses services and repairs performed Ljbar d inaMMO to perm maintenance rativklesekictuded
Addlitinaletpaki needed beyond general maintenance will be quoted Dispither available Monday- Friday 7: i0am to 4: 00pm (916) 878, 3808 24/ 7after hours' emergency service available ( 888) 416- 1711 2 -hour charge for service calls
Maintenance hapectkam coincide. with maw ins
Ypond mechanical engineering staff available for co lon 8 System Support ifInstalled by FRO
Enrolment into the Preventable Maintenance Program can be cancelled at any time by derparty wih a 30 -day notice. Billing will be issued for services rendered.
Contract will auto renew yearly.
Exclusions:
4230 Douglas a'
Granite day GA 85746
916) 878- 380B
Temporary coding
Insurance covering ildlotion or asbestos
Refrigerant
Work related to fire life safety
Work related to lidding
Ww. f7NAMK• OOTN = OH
423
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 PRANK M.
lru arc.
4230 Douglas Blvd
Granite Bay CA, 057411
916) 87o- ya0E
A hn' ter> wtE
Sides and, P. O. Neer
Atfaixacuted agreemert which is able to be terminated at any i matron titmust be Awn 30 days prior to actual termination data.
Customer Representative Signature:
Authorizer Printed Name:
Authorizer' sTitle:
FMB Representative Signature:
Representadive Printed
Representative' sTitle:
Representative' s gnature:
Date:
WNW. In / ppfM pom
424
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 MOMS( M.
nacrn4, HMO.
Mayierfuniata henlisithe1trs•
Attachment F
4230 Douglas Blvd
Granite Bay CA 95746
c%4+t) a7a- 1000
Terms AO Conditions
1. The r aMy Mesas Iliad in the Proposal by Frank hl. Boot. Inc. Upon acceptance of ibis tNll ba parfarteed. Delibincleit MI be repotted b the OwnerfAperd alter etivirod outside the soaps of thisAgreereaa wS be as authorized wiMrq, the OwnedAgeit represents that the systems cowed by the Preventative use in pod wahine cedar. As seen as pnesiksi Oat the Thesentallve Maintenance wrserrtsd. Perk It Beet, inc. IM imbed the WAG systems for any obvious diAcienci s at erraiornee' ssrpense. A aped of any than.. after the Iliad or any subsequent impaceon via be provided to the seam as way lave bean man*
or FrankM. corttn the scope
meat noroamary by doillolonoloo round. want
Agreement. 3. Mrhid wellland smarparexyr genies cab are dispeleied to the ON -CALL service technician * Mtn 30 sr. The senvians bechnfden wit then cantos Me CamerMpsnt and emanate Me proper n s for MAC urea via be depa ched weiin 4 hours saw receiving cat. provided 8x mairamenoe swim and rape** paAtemsd.
maM M ramsnabte elleta to avoid demise to meetly or inlay to onnei. Freak M. w8 ady be title for Inlay ordawtpe- mtilling trom ra sot. negligence. damps. as. ea. toes oo paasr ors prodliaelly or watt in pe+ rasse. is specially snrduded except se may result from the sots r' glipen +a ofFront M. Booth Inc.
O. Frank M. Booth, inc. eS not be MI. for any loss at demspe remain. from delay in Aatttsldrig asrvfsee dee b force I naguaorany awat beyond its amiroi.
7. Except as hew been pnsoiosratyr 4lackenid to amine 1a Fm* M. beat. Inc, Otali eid ipc na asbestos erother i7e sere cueor tosliastmeal its arovalet' thoonv pe or the weewhere theMstxl a w ne Apdsenraat is bale pies.
8. Frank M. Booth, inc. ur! tortlie rap it oraavioaa noclimillatall #tor< ebeobats pots. segNpsnt araakue
Ty"
nrodaradon or tapir by MINN orYtsinv ., cpenr94n dths syallama canoed by the Aweerner
9. if mania is orit asaved whoa due or V Ownsi1Apsnt le in brooch of the Agreement, Frank M. Booth. Inc. may enforce ant aim avellable by lair. indudkig * Mott Sell anion, awapeniwi or lamination of maybes.
10. Al WOWS ,lienitelely darys. WNW cheigee M be added boast dui amounts.
11. Payment ahiPpaili M. Boob, Me. (Raj forpregressive. vemined, or anal introunts is contingent only upon FMB' s perlanniscittlfba ebilgaBeneunderlie fllithoenYid.
12. Colder Pedliamence and Plglriient band Is net included.
13. Ilk RIB Mite Cmiomlr mil schedule, dish, atdseqUenrre the mark r lirid4 so as
tiara
tatardit i J asquendnp el Metre** M) rest tebls durations for the trio* ad U)
14. FMB unt right to fewerdemean max its hi comb resuldro from daisy, disnrviloa. saran orlnsclicn Olon erar rir
s Caton* artpape mad lie podarmonce et the worl
ivat* estlestt ese1a bysuch assdusdaw.
rlwatom valanced. overhead and
Cumomer or any play for heir Meer
to and to the moatMet dei n ..,
e tish have a
Ni Me Bimaa
costs to be agswseed spinet FMB
mepemble tor dernemer loss of mark in
lo gli morsy tiaelr fcoals by
Wei.. IgAWKIt7OTM MOM
425
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 Evidence Building
MOmow ra
woom, INCIN
4230 Douglas Bvd..
Grande 88y+
916)
Exhibit I
Thank you for the opportunity to present our Preve ttetive Maintenance Program for your tf.= Customers who choose FMB for their Prevents va Maintenance osmium e their mechanical systems are maintained beyond
Such compliance not only traits unforeseen and costly
conserves energy depositing the savings in to the customer' sbottom Frank M. Booth, Inc. strives to cans far our customers and their needs for follow. Thank you again for the opportunity to show you how Otr- Parfomilince Relation
426
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2O2F2939 Lobar Raba:
916)
04vo., Lathrop, CA
Of: Waft Preventive Maintenance on Mechanical Equipment Duratim of program ornament One Year
Tipio (Business hours id*, 7: OQAM- 4:OPM)
Time ( Before or after regular business hours. irk Saturday) Sundays and holidays)
hrnrsbasntfor Preventative Maintananter Services:
10, 300. 0 Annually, Bad trattarly at surer
Table of Co titt:
Mmhenteltand HVAC Customer Caere Program Retires ...... AttachmentA rO' ent Covered wif' R
Maintanance and kuppection Tasks ...
P. Q. Number.,...,,..
I,ANK/ DOTM DOM
427
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 918) 8!
Maintenance Porn Features:
hedui d Preventive Maintenance:
Priority Service:
You Wit receive pricier,
Mabisnanw
status based
NOM Soak MG wI timid* Pte. hands an
mencdaclualrs specilicalims designed to ill equipment
brealolouns and walong ** patent andinspectiminindzeon Tasking in Attachment C. fie. Please
stomer Discount:
the FbAB Pre+ wnlatho Wince Piogrisn includes a profane etidemer cuff regular nebu.
not anespid Into the FMB F l r*I
byyour cornpenywBh.*" p
WW. e1c* MK aOCYM OOM
428
at OPV : A41Z£ 89d-99tr£ L39-LLZ- 6t6ZiZUZV£ uthsno edoteAu3 429
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 4;
MOM%
j
Iti)
430
Docusign Envelope ID: A403274F- AB93- 4B8- BF11- 213A2D2F2939 431
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 432
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 MiNMuand l
y
4280
Granite
04 IS) 8'
forProw Torsion*
orb
inspect antisbrkrate Bair
4nspecifseftliel for Oamarp
Check Fan Motor
inspect Bolts and Setscrews forTs
inspect Variable Inlet Vanes for Freedom of Operation*
Rubber isolators for Deterioration
Fan Components far Cleanliness
Check Pular/ and Sheave*
Check Drive Package A t>ment*
Check VFW*
As Applicable
rllANKUDOTM GOM
433
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 91 doisitiatglion of mithltenancs services and repairs performed maintenance mss is braided
beyond amoral mainterwncs will be quoted
Ik and y- Friday 7. 00aem to 4: 00pm (918) 878+ 3808
s 24ff sitar hours' amp service available ( 888) 418- 1711 2 -hour minimum charge for service cams
Msm nsncr inspections coincide with manufacturer specifications machinate' englnpsrino staff a puMbis for cransufadir n System l pplbrt ' Installed by FM8
Wo the Preventativea Maintenance Program c n be canceled* any time by pally with a 30 -day notice. Bing van be Issued for services rendered.
Contract wM auto renew yearly.
Exclusi s:
Temporary cocas;
Insurance ec
Reffieerant
Work m640
Work to
Ww. rNAN, eDaTM. QOM
434
Docusign Envelope ID: A403274F- AB83- 4888- BF11- 213A2D2F2939 Customer Representative Signature:
Aidttortzer Printed Name:
i '
P. O. Number
to
918)
a>ft$y executed agresmerd which is able to be terminated at any request must be Sin 30 days prior to actual termination date.
Date:
FMB Representative Suture:
Representath a Pdrdid Wow
Representative*
Remember*** Signature:
Sete:
w. FWAM..* OCT, iQom
435
Docusign Envelope ID: A4O3274F- AB93- 4888- BF11- 213A2D2F2939 91 ADO Candles: In
listed m the Prop* by For* U. Soali ihu. Upon acceptance of Ns planned. Dellotindes al be ( sported is the OwnedAgent Mir 4redpind out** mescal* scale of this A{ nsmsnt wIt be as adhodzed the OVieettAgelht % rawhlt Mat the eystmle covsrd by the Prsventoev e waRieitt ate to good waking * der. As soon as prado! allot Ms Presinlly. Msitiensnce Me been miectiled, F** M. Wit, Inc. tie Mewl lie HVAC syliiums Vii" sty * tiros ddcienci e cuelemses expense. A egeitet arty * adage eller eve 1nM ei or any subeliggit bnlpecdon will be provided io QotiertAgent. Repairer ellehoolbent et omit roods nommoory by drddenoles bd+ ad. swept b the extent es rosy lists been mood by Os admit Frank U. Boutlt, inc. are ash cov tad by lie soaps dto Apmamsnt. rha ** Nand emergency service cats as d ep. lobed b dm ON -CALL smite issimicianAedn Am ced. The oenormturbiaMea tid lien coded lie OanieWAgent and the pod rr cede lay difacruftariii 4be ilrpa ed hUlhh 4 Iwo after recolvIng col. eprevidedibrineirdeneemi undoes and mobs perliman d.
be. irer isbe' dreaiatrtib Oarle to avoid dawige is property or inlay ispsnaann 1. Frank M.
Ies* be bible** lgator dump lasull ig from be age negligence. Collotwid Menages, s.. bee ikuk prodrdelty or work h precook le epnoMadlyr excluded on pt as My until torn the sole negligence d Ralik ht Bed 1no.
Fro* M. S0pwlk, Inc. on not be Nulls for any Ion or damage ( sidling from daisy to turnielMng asryglwe b Woe ore worn bya* no aunbel.
7. Erupt as bee been pwdaasy tliiaieasd hNatio 1a Fesh b ll lerl.. Isom C1s submits arobey tdyllrettiaw aria uieitiecrheiripssrVantearri 488881881181818i4081101,
a Arsitit M. Beek iii tiii IrV* mek* 5wtos,, npak or earviceenOglielipadigebsolelaperli. madN& anor eget by alien or improper gpe*** diBis s .e severed bYthia
9. I
pIIrieM le onli> ked wain due or IOemedA@ant is in bums i dthe Agrunia, r . Rank hi. Bosh Mc. may ale by ieto, kohl** wilnatd8l ' ottlepenril0n orisriobillon aferervierm, Wibr Mgt. .bitemetchigiesillbembleitliololot dolroocaunk1 . r Mined. urinal amounts Is contingent ong upon pia abilgeesse
amid leariotIndudsdk
Nail* rsiersetlr i soltetltt4, tai t, and Nguema tan work dM r so as dates.
I) =OWN 8818.11881 lievow; Anions *Ohl
Mom* raesuMiaho tam deby.
MAW. INANKBO0 TM. OOM
436
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2O2F29 i9 Exhibit
J
437
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 PRANK M.
aICICIT I INC,
of ANIONnilkips.
4230 Douglas Blvd
Granite any GA 15746
r6) 8784108
Wallow Anima Cord Overflow, 2112 East Louise Ave., Lathrop, CA lawof Work: Preventive Makatenance on Mechanical Equipment Duration of program anrallment: One Year
Labor Rates:
Time ( Business hours M -F, 7: O0A M- 4:0©PM)
Cvar' Time (Bore or alter regular business hours, including Satuiday) Sundays and holidays)
Investment for Preventative filabtonance Services:
3, 600. 0Annually, Billed Quarterly at $ 900. 00
Table of Contents:
kiedimicatind HVAC Customer Cars Prawn Footman ...... Attachrrnt A Equipment Covered . Atteldwr, rltB
Enulament Maintenance and Inspection Tasks Attschmsate, jP. .I &
Clarifications tions A r
and P. O. Number
W. riroomp. sacrirm QOM
438
Docusign Envelope ID: A403274F- AB93- 4688- BF11- 213A2D2F2939 ntenance, P at -Features:
ftheduled Preventive Maintenance:
tee. FreekU Booth, Inc wit provide proactive. hands on
s10 *wpm, egu$ rnsnt
detailed Maintenance and Inspection Tasking in l! C.
t . Pieces
Priority Service:
You wB receive pricdweendaaavererestomear rent anroilui Wattle FMB Lansventative Maintenance Program generated by ya r
company wilt issigiven prkwity
status bend on ante of request.
Preferred Customer Discount:
the FMB Preventative MMint, rwencs Program includes a preened customer drrapier rates.
439
Docusign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 woksommess•
4230 Douglas Blvd
Granite Say GA 9f1744
416) 818- 300$
pigment covered under Preventative Maintenance Program
Equipment Information
Model Nuntbiw
yew. rPIANr.* OOtr. OOM
440
Dowsign Envelope ID: A403274F- AB93- 4888- BF11- 213A2D2F2939 4230 Doug es Blvd
Granite bay GAIIV46
49 i6) 878.- 3iGe
and Inspection Tasks
Meer UnitNedittenamice and Inspecdon T
Cheek CogentCa Lion of unit
Check god '-Tighten Electrical Connections
inspect ill Components and Wiring
Check Condensate Pump
Inspect for Any Leaks
Check Semi Fan Operation
R4 *
Check Thermoetayff emote control
Clean Washable Filters
Inspect indoor Coil Condition
Split System OutdoorValliallehilmnence end In e on Tubing Check General' Cone* ianof Unit
Check Continuer Cod Condition
Clean Condenser Cods
I drAny Leaks
Check Condenser Fan Motor
leftCondenser Fen Glade
CheckRefrigerant Levels
wend Tighten Electrical Connections
rMewing Components Wiring
Crankcase Neater
Compressor Safeties
Via_„ + naa Operation
W. rNANKtiDOTM. OOM
441
Docusign Envebpe ID: A403274F- AB83- 4888- BF11- 213A2D2F2939 442
Docusign Envelope ID: A403274F- AB93- 4 F11- 23A2D2F2939 IC M.
iii.
4230 Douglas Dal
Granite Bay CA
916) 871S- 31308
or paper documentation of niaintenance services and repairs performed and materiels to perform maintenance activities l6 ki fed Add donal Weirs needed beyond general maintenance win be quoted Dispatcher axis Monday- Friday 7: OOam to 4: 0Opm (816) 878: 308 2417 after hours' emergency service avaiiclbie ( 888} 418. 1711 2- hour" rrir mum charge for semis* rake
coincide vAth mermisotwer specifications
and mechenloal engineering staff available for consultation Artlonmlorn System Support itinstalled by FMB
Enrolment into Prey Maintenance P rc srn can be canceled at any time by either party Mae 30. day notice. Blimp WO be issued for services rendered.
Contract wii auto renew yearly.
Exclusions:
Temporar coaling
Insurance coverhig maid. poltdon or asbestos
Refflifselfil
Work deleted to firs Ifsqty
Wotkreleted to lighting
WWW. INANN. MOOT .4 MOM
443
Docusign Envelope ID: A403274F- AB83- 4888- BF11- 213A2D2F2939 444
1 445
PAGE LEFT
INTENTIONALLY
BLANK
446
ITEM 4. 10
CITY MANAGER' S REPORT
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL CONSULTING SERVICES
AGREEMENT WITH ALEXANDER & ASSOCIATES, INC.
FOR ON -CALL LAND SURVEY AND MAPPING
SERVICES
RECOMMENDATION: Adopt Resolution to Approve a Professional Consulting Services Agreement with Alexander &
Associates, Inc. to Provide On -Call Land Survey and
Mapping Services
SUMMARY:
The City continues to experience rapid growth over the past few years and the increase in construction and development projects has remained steady. The Land Development Division within the Public Works Department is responsible for processing all residential, commercial, and industrial development projects. Plan checks are either performed in- house or under contract with outside consulting firms, depending on the workload and complexity of the projects. The increase in construction and development projects requires more resources.
Staff recommends that City Council approve a Professional Consulting Services Agreement with Alexander & Associates, Inc. (Alexander & Associates) to provide On - Call Land Survey and Mapping Services on a time and materials basis for a cost not to exceed $ 150, 00.
BACKGROUND:
On August 9, 2021, City Council approved a Professional Consulting Services Agreement ( PSA) with Alexander & Associates to provide on -call land survey and mapping services.
A second PSA with Alexander & Associates was approved by Council on August 8, 2022 and extended on December 27, 2023.
Staff now recommends Council approve a new PSA for a term beginning January 13, 2025 through June 30, 2026 to provide on -call land survey and mapping services on a time and materials basis for a cost not to exceed $ 150, 00.
REASON FOR RECOMMENDATION:
Professional services are needed for specialized consultant services to complete land survey and mapping tasks due to the increase in construction and development projects.
447
CITY MANAGER' SREPORT PAGE 2
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH ALEXANDER & ASSOCIATES, INC. FOR ON -CALL LAND SURVEY AND
MAPPING SERVICES
FISCAL IMPACT:
The cost of the proposed Professional Consulting Services Agreement with Alexander Associates is not to exceed $ 150, 00 to be paid on a time and materials basis.
Sufficient funds have been included in the adopted fiscal year 2024-5 budget and all costs associated with this proposed contract will be paid by developers.
ATTACHMENTS:
A. Resolution to Approve a Professional Consulting Services Agreement with Alexander & Associates, Inc. to Provide On - Call Land Survey and Mapping Services
B. Professional Consulting Services Agreement with Alexander & Associates, Inc. to Provide On -Call Land Survey and Mapping Services
448
CITY MANAGER' SREPORT PAGE 3
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH ALEXANDER & ASSOCIATES, INC. FOR ON -CALL LAND SURVEY AND
MAPPING SERVICES
APPROVALS:
a// 4,/ co '-f
Veronica Albarran Date
Junior Engineer
Brad aylor
City Engineer
Cari Ja
Financ irector
I2/% 617. 024
Date
e-2/ M/. 1o
Date
Michael King Date
Assistant City Manager
I .. II • 20 24
z -/6 . Le, 1.- y/
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
449
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH ALEXANDER & ASSOCIATES, INC. TO PROVIDE ON -CALL LAND SURVEY AND
MAPPING SERVICES
WHEREAS, the Land Development Division within the Public Works Department is responsible for processing all residential, commercial and industrial development projects; and
WHEREAS, the City continues to experience rapid growth over the past few years and the increase in construction and development projects has remained steady; and
WHEREAS, while City staff perform the key tasks related to processing land development projects, specialized consultant services are needed to complete land survey and mapping tasks to keep pace with ongoing construction activity; and WHEREAS, on August 9, 2021, City Council approved a Professional Consulting Services Agreement ( PSA) with Alexander & Associates to provide on - call land survey and mapping services; and
WHEREAS, a second PSA with Alexander & Associates was approved by Council on August 8, 2022 and extended on December 27, 2023; and WHEREAS, staff now recommends Council approve a new PSA for a term beginning January 13, 2025 through June 30, 2026 to provide on -call land survey and mapping services on a time and materials basis for a cost not to exceed 150, 00; and
WHEREAS, sufficient funds have been included in the adopted fiscal year 2024-5 budget and all costs associated with this proposed contract will be paid by developers.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop does hereby approve a Professional Consulting Services Agreement with Alexander & Associates, Inc. to provide on -call land survey and mapping services and will be paid on a time and material basis for an amount not to exceed $ 150, 00. 450
PASSED AND ADOPTED by the City Council of the City of Lathrop this 13th day of January 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas
City Clerk
Salvador Navarrete
City Attorney
451
ATTACHMENT
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
ALEXANDER & ASSOCIATES, INC.
FOR ON -CALL LAND SURVEYOR AND MAPPING SERVICES
THIS AGREEMENT, dated for convenience this January 13th, 2025 is by and between ALEXANDER & ASSOCIATES, INC. ("CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform On -Call Land Survey and Mapping Services, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such On -Call Land Survey and Mapping Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction.
2) Compensation
CITY hereby agrees to pay CONSULTANT on time and material basis not to exceed $ 150, 00 for the Professional Consulting Services set forth in Exhibit "A".
CONSULTANT shall be paid any uncontested sum due and payable within thirty 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' S authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.
452
CITY OF LATHROP - PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
ALEXANDER & ASSOCIATES, INC FOR ON -CALL LAND SURVEYOR AND MAPPING
SERVICES
3) Effective Date and Term
The effective date of this Agreement is January 13, 2025, and it shall terminate no later than June 30, 2026.
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. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billings
CONSULTANT' Sbills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
7) Assignment of Personnel
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
The services shall be performed by, or under the direct supervision, of CONSULTANT' SAuthorized Representative, CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.
453
CITY OF LATHROP - PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
ALEXANDER & ASSOCIATES, INC FOR ON -CALL LAND SURVEYOR AND MAPPING
SERVICES
8) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' Sauthorized representative.
9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.
CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' sLiability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' sLiability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($ 1, 000,0) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement.
If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general
454
CITY OF LATHROP - PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
ALEXANDER & ASSOCIATES, INC FOR ON -CALL LAND SURVEYOR AND MAPPING
SERVICES
aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non - owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of CONSULTANT; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California - admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non - renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liability. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work
455
CITY OF LATHROP - PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
ALEXANDER & ASSOCIATES, INC FOR ON -CALL LAND SURVEYOR AND MAPPING
SERVICES
pursuant to this Agreement in an amount not less than One Million Dollars 1, 000,0) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self -insured retention shall not exceed $ 150, 00 per claim.
ii) Notice of cancellation, material change, or non -renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The CITY shall have the right
cost, any extended reporting
to exercise
provisions
at the
of the
CONSULTANT' S
policy should
the CONSULTANT cancel or not renew the coverage.
4. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.
d) Deductibles and Self -Insured Retentions. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may
456
CITY OF LATHROP - PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
ALEXANDER & ASSOCIATES, INC FOR ON -CALL LAND SURVEYOR AND MAPPING
SERVICES
condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coverage. In the event that any coverage required under subsections (a), (b), or (c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
10) Indemnification - CONSULTANT' SResponsibility
As to the CONSULTANT' Swork hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and (c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed.
It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that
457
CITY OF LATHROP - PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
ALEXANDER & ASSOCIATES, INC FOR ON -CALL LAND SURVEYOR AND MAPPING
SERVICES
said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' Sprofession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a City of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT' Sdelivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
458
CITY OF LATHROP - PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
ALEXANDER & ASSOCIATES, INC FOR ON -CALL LAND SURVEYOR AND MAPPING
SERVICES
14) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
MAIN: (209) 941- 7430
To Consultant:
15) Miscellaneous
Alexander & Associates, Inc.
147 Old Bernal Avenue, Suite 10
Pleasanton, CA 94566
Phone: ( 925) 462- 2255 or by email at
surveyor@trivalley. com
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. c) Definitions. The definitions and terms are as defined in these specifications. d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
459
CITY OF LATHROP - PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
ALEXANDER & ASSOCIATES, INC FOR ON -CALL LAND SURVEYOR AND MAPPING
SERVICES
f)
g)
Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement. h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
0) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect. k) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day. n) Venue. In the event that suit is brought by either party hereunder, the
460
CITY OF LATHROP - PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
ALEXANDER & ASSOCIATES, INC FOR ON -CALL LAND SURVEYOR AND MAPPING
SERVICES
parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non - prevailing party. 16) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurances have been received. CITY shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 17) 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.
461
CITY OF LATHROP - PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
ALEXANDER & ASSOCIATES, INC FOR ON -CALL LAND SURVEYOR AND MAPPING
SERVICES
Approved as to Form:
Recommended for Approval:
Approved By
Resolution #
CONSULTANT:
City of Lathrop
City Attorney
Salvador Navarrete
City of Lathrop
City Engineer
Z-` - 1-, oLy
Date
Brad Taylor Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Alexander & Associates, Inc.,
147 Old Bernal Avenue, Suite 10
Pleasanton, CA 94566
Fed ID #
Business License #
Signature Date
Print Name and Title
462
CITY OF LATHROP - PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
ALEXANDER & ASSOCIATES, INC FOR ON -CALL LAND SURVEYOR AND MAPPING
SERVICES
CONSULTANT:
Print Name and Title
Alexander & Associates, Inc.,
147 Old Bernal Avenue, Suite 10
Pleasanton, CA 94566
Fed ID #
Business License #
Signature Date
Print Name and Title
463
PAGE LEFT
INTENTIONALLY
BLANK
464
ITEM 4. 11
CITY MANAGER' S REPORT
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE AMENDMENT NO. 3 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH
MARK THOMAS FOR THE LOUISE AVENUE /
INTERSTATE 5 INTERCHANGE PROJECT, CIP PS
06-6 AND APPROVE BUDGET AMENDMENT
Adopt Resolution Approving Amendment No. 3
to the Professional Services Agreement with
Mark Thomas for the Louise Avenue /
Interstate 5 Interchange Project, CIP PS 06-6
and Approve Budget Amendment
SUMMARY:
Due to a change in standards, Caltrans is now requesting additional environmental documentation to supplement older studies and meet current requirements. Mark Thomas Company, Inc. (Mark Thomas) has provided the City with a revised scope of work to complete the required Energy Memorandum, as required by Caltrans. The amount of the Amendment No. 3 is $ 28, 519, which includes coordination with Caltrans for new design requirements, diverging diamond design check and calculations revisions to the design standard decision document, and coordinating additional environmental reviews. Staff have reviewed the proposal and found it to be reasonable given the additional scope of services needed to complete the environmental studies under current standards.
Staff is requesting that City Council approve Amendment No. 3 to the Professional Services Agreement with Mark Thomas to provide additional environmental studies to complete the Project Approval and Environmental Document ( PA& ED) phase.
Staff is also requesting Council approve a budget amendment transferring $ 28, 519 from the Local Transportation Capital Facilities Fees ( 2250) LTF to the Streets CIP Fund ( 3310).
BACKGROUND:
On December 19, 2006, City Council approved a Professional Services Agreement with Mark Thomas in the amount of $ 2, 431, 661 to prepare the PA& ED for Capital Improvement Project ( CIP) PS 06-6 for Louise Avenue / Interstate - 5 ( I-5) Interchange ( Project). The original scope of work consisted of conducting environmental studies based on the Preliminary Environmental Assessment Report PEAR) approved by the Department of Transportation ( Caltrans) in 2007.
On November 9, 2020, City Council approved Amendment No. 1, in the amount of 698, 57to update the original scope of work and update the PA& ED phase as further 465
CITY MANAGER' S REPORT PAGE 2
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS FOR THE LOUISE AVENUE / INTERSTATE 5
INTERCHANGE PROJECT, CIP PS 06-6
required by Caltrans. Furthermore, on December 11, 2023, City Council approved Amendment No. 2 in the amount of $ 207, 303 for additional studies required by Caltrans for the PA& ED.
Caltrans has updated their standards and is now requiring additional environmental documentation to meet current guidelines. An Energy Memorandum will need to be prepared to document activities related to an energy impact analyses for use in the environmental document.
Staff is requesting Council approve Amendment No. 3 with Mark Thomas to provide additional coordination services. This approval will allow for the continuation of the project as scheduled.
REASON FOR RECOMMENDATION:
To satisfy Caltrans requirements, additional environmental studies will need to be revised to current standards. Approval of Amendment No. 3 will allow Mark Thomas to finalize the additional coordination services and environmental studies needed to complete the PA& ED phase. With Caltrans approval and the environmental phase completed, the Project can move forward to the Plans, Specifications, and Estimate PS& E) phase.
FISCAL IMPACT:
Staff is requesting Council to approve a budget amendment transferring $ 28, 519 from the Local Transportation Capital Facilities Fees ( 2250) LTF to CIP PS 06-6 as follows:
Increase Transfer Out
2250- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 840
PS 06-6
PS 06-6
PS 06-6
28, 519
28, 519
28, 519
466
CITY MANAGER' SREPORT PAGE 3
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS FOR THE LOUISE AVENUE / INTERSTATE 5
INTERCHANGE PROJECT, CIP PS 06-6
ATTACHMENTS:
A. Resolution Approving Amendment No. 3 to the Professional Services Agreement with Mark Thomas for the Louise Avenue / Interstate 5 Interchange Project, CIP PS 06-6
B. Contract Amendment No. 3 with Mark Thomas for Professional Services Agreement to the Louise Avenue / Interstate 5 Interchange Project, CIP PS 06-6
467
CITY MANAGER' SREPORT PAGE 4
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS FOR THE LOUISE AVENUE / INTERSTATE 5
INTERCHANGE PROJECT, CIP PS 06-6
APPROVALS:
Leisser Mazariegos
Project Manager
Brad aylor
City ngineer
Can s
Finance irector
Date
6•2&Z5
Date
1 % 6AoZS
71 RDas
Date
Michael King Date
I•( A.• ZoZ. S
Assistant City Manager
Salvador Navarrete Date
City Attorney
S en J. Salvatore
City Manager
Date
L • 8. 25
468
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH MARK THOMAS FOR THE LOUISE AVENUE / INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-6 AND APPROVE BUDGET
AMENDMENT
WHEREAS, on December 19, 2006, City Council approved a Professional Services Agreement with Mark Thomas Company, Inc. (Mark Thomas) in the amount of $ 2, 431, 661to prepare the Project Approval and Environmental Document ( PA& ED) for Capital Improvement Project ( CIP) PS 06-6 for Louise Avenue / Interstate - 5 ( I5) Interchange ( Project); and WHEREAS, on November 9, 2020, City Council approved Amendment No. 1, in the amount of $698, 57to update the original scope of work and update the PA& ED phase as further required by Caltrans; and
WHEREAS, furthermore, On December 11, 2023, City Council approved Amendment No. 2 in the amount of $ 207, 303 for additional studies required by Caltrans for the PA& ED; and
WHEREAS, the original scope of work consisted on conducting environmental studies based on the Preliminary Environmental Assessment Report ( PEAR) approved by the Department of Transportation ( Caltrans) in 2007; and WHEREAS, standards have been revised and Caltrans is now requesting additional environmental documentation to meet current requirements; and WHEREAS, Mark Thomas has provided a revise scope of work and fee proposal in the amount of $ 28, 519 to complete the PA& ED; and
WHEREAS, staff has reviewed the proposal and found it to be reasonable given the additional scope of services are needed to complete the environmental studies under current standards; and
WHEREAS, staff is requesting that City Council approve Amendment No. 3 for Professional Services Agreement with Mark Thomas to provide the additional environmental studies for the PA& ED phase for a total amount of $ 28, 519; and WHEREAS, staff is also requesting Council to approve a budget amendment transferring $ 28, 519 from the Local Transportation Capital Facilities Fees ( 2250) LTF to the Streets CIP Fund ( 3310) as follows:
469
Increase Transfer Out
2250- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 840
PS 06-6
PS 06-6
PS 06-6
28, 519
28, 519
28, 519
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Amendment No. 3 to the Professional Services Agreement with Mark Thomas for the Louise Avenue / Interstate 5 Interchange Project, CIP PS 06-6; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves a budget amendment transferring $ 28, 519 from the Local Transportation Capital Facilities Fees ( 2250) LTF to CIP PS 06-6, as detailed above. 470
The foregoing resolution was passed and adopted this 13th day of January, 2025 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 471
ATTACHMENT " B"
AMENDMENT NO. 3
TO THE AGREEMENT FOR CONSULTING SERVICES WITH MARK THOMAS FOR THE
PREPARATION OF THE PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT PA& ED) FOR LOUISE AVENUE AND INTERSTATE 5 ( I-5) INTERCHANGE PROJECT CIP PS 06-6
This Contract Amendment ( hereinafter " AMENDMENT") to the agreement between Mark Thomas and the City of Lathrop dated December 19, 2006, ( hereinafter AGREEMENT") dated for convenience this January 13, 2025, is by and between Mark Thomas (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to provide Professional Engineering Services for the completion of a Project Approval and Environmental Document ( PA& ED); and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on December 19, 2006 City Council approved the AGREEMENT with Mark Thomas to provide Professional Engineering Consulting Services in the amount of 2, 431, 661; and
WHEREAS, on November 9, 2020 City Council approved AMENDMENT No. 1 with Mark Thomas to provide additional Professional Engineering Consulting Services in the amount of $698, 57; and
WHEREAS, on December 11, 2025 City Council approved AMENDMENT No. 2 with Mark Thomas to provide additional studies required by Caltrans for the Environmental Document ( PA& ED) in the amount of $207, 303; and
WHEREAS, CONSULTANT is willing to render such Professional Engineering Services for further studies required by Caltrans for the Environmental Document ( PA& ED), as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and CITY agree as follows:
AMENDMENT No. 3 to AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT for Consulting is hereby amended to the following:
CONSULTANT agrees to perform additional services in conformance with the scope of work and fee proposal submitted by the CONSULTANT, attached hereto as
472
CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 3
WITH MARK THOMAS FOR THE PREPARATION OF THE PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT ( PA& ED) FOR LOUISE AVENUE AND INTERSTATE 5 I-5) INTERCHANGE PROJECT CIP PS 06-6
Exhibit " A" and incorporated herein by reference.
The aforementioned work is in addition to the scope of work in the original AGREEMENT dated December 19, 2006, Amendment No. 1 dated November 9, 2020, and Amendment No. 2 dated December 11, 2023 for Professional Engineering Consulting Services for the Louise Avenue / I-5 Interchange. The scope of work is hereby amended by adding Exhibit " A". CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and the CITY' Ssatisfaction.
2) Compensation. Section (2) of the Agreement for Consulting Services is hereby amended to add the following:
City hereby agrees to pay CONSULTANT an additional sum not to exceed 28, 518.3for the professional services for the completion of a Project Approval and Environmental Document ( PA& ED) set forth in Exhibit "A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' SAuthorized Representative prior to the commencement of the work. 3) Effective Date and Term
The effective date of AMENDMENT No. 3 is January 13, 2025 and it shall terminate no later than December 30, 2025. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicability To Original Consultant Agreement
All terms and conditions set forth in the AGREEMENT dated December 19, 2006 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Signatures
The individuals executing this AMENDMENT represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT 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.
473
CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 3
WITH MARK THOMAS FOR THE PREPARATION OF THE PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT (PA& ED) FOR LOUISE AVENUE AND INTERSTATE 5 I-5) INTERCHANGE PROJECT CIP PS 06-6
Approved as to Form: City of Lathrop
City Attorney
J- zo? s'
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Approved By:
Resolution #
CONSULTANT:
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Mark Thomas
701 University Ave, Suite 200
Sacramento, CA, 95825
Fed ID #
Business License #
Date
Print Name and Title)
474
EXHIBIT " A"
IN
MARK THOMAS
December 11, 2024
Ms. Leisser Mazariegos
City of Lathrop Public Works Department
390 Towne Centre Drive
Lathrop, CA 95330
File: SA -20103
RE: LOUISE AVENUE/ I-5Louise Avenue Interchange PA/ ED —AM #3 Request Dear Mr. Mazariegos:
Mark Thomas is requesting this amendment based on new guidance from Caltrans. This scope of work includes budget for LSA to prepare an Energy Memorandum as well as complete the new Interagency Commissions meeting and supporting documentation. Mark Thomas is requesting additional project management time associated with the continued coordination with Caltrans for new design requirements, diverging diamond design check and calculations, revisions to the design standard decision document, and coordinating additional environmental reviews.
The contract scope of work for additional environmental support and associated cost details are attached.
Please contact me if you have any questions or if I can provide additional information.
MARK THOMAS
Aaron Silva
Project Manager
Attachments
MARK1 NO ' AS COm
475
COST
PROPOSAL
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PROJECT
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476
LSA
October 17, 2024
Aaron Silva
Project Manager
Mark Thomas & Company, Inc.
701 University Ave # 200
Sacramento, CA 95825
CARLSBAD
CLOVIS
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
Subject: I-5/ Louise Interchange Improvements, Lathrop, California: Energy Report and Additional IAC Outreach
Mr. Silva:
Currently, LSA is working to complete the Draft IS/ MND, based on our current scope of work, dated January 11, 2021, and amended January 21ST, 2024. Based on new guidance from Caltrans, LSA has been requested to prepare an Energy Memorandum as well as complete the new Interagency Commissions ( IAC) meeting and supporting documentation. LSA had started the IAC process with contingency from the previous contract; however, additional efforts are required to complete this process. Both of these items are outside our existing scope.
SCOPE
This Scope of Work has been prepared based on information provided by Mark Thomas & Company and our knowledge of CEQA and NEPA process.
This Scope of Work is valid for a period of 1 months beginning October 2024 (work will commence on or before November 2024) and based on a 2 - month schedule. Re- scoping and/ or a budget adjustment may be required after that period has lapsed.
1. Energy Analysis Technical Memorandum
LSA will perform all activities related to an energy impact analyses for use in the environmental document and will prepare an Energy Analysis Technical Memo that documents the study results consistent with SER Annotated Outline ( January 1, 2024) by undertaking the following subtasks.
Describe the existing regulatory framework. The existing regulatory framework for energy, including existing laws and regulations and the roles of the local agencies, including the California Energy Commission ( CEC), will be described.
Obtain and Describe Environmental Setting. Project setting energy use gathered by the CEC will be utilized for the description of existing energy consumption. Other sources such as regulatory documents, professional publications, and past LSA experience in the project area will supplement background information. LSA will also summarize up- to- date information related to energy use in the project vicinity, and the State, regional, and local setting. 1504 Eureka Road, Suite 310, Roseville, California 95561 916. 772.450 www. lsa. net 477
LSA
Assess Project construction - period energy impacts. LSA will assess energy construction impacts using factors such as the construction equipment used and the length of time for a specific construction task. Once built the project would potentially increase the number of vehicle trips in the project area and add additional stationary source emissions, such as on -site energy consumption. Regional energy consumption associated with short- tem construction will be calculated using the construction modeling results from the Air Quality study LSA conducted for this project.
Assess Project operation - period energy impacts. As the proposed project is not expected to increase vehicle capacity, nor expected to result in substantial energy use, a qualitative energy analysis will be used to comply with CEQA and will be included in the NEPA document.
Based on comparison with industry standards, recommendations for energy conservation and increased efficiencies would be included in the study if necessary. The assessment will determine if the Project would result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation, or conflict with or obstruct a State or local plan for renewable energy or energy efficiency.
Deliverable: Energy Analysis Technical Memo [ Draft and Final]
2. Finalize Interagency Consultation Presentation and Meeting LSA will perform all activities to update and finalize the Interagency Consultation ( IAC) process assuming one additional meeting with the IAC). This will include updating the Powerpoint Presentation and helping to present our revised findings to the IAC as well as address any remaining comments from the committee ( up to 8 hours).
Deliverable: Revise Power Point for IAC Meeting [ Draft and Final] Attendance and Q&A with IAC (up to 8 hours)
BUDGET
We propose to complete this Scope of Work on an hourly basis consistent with our current contract with Mark Thomas & Company, Inc. for this project. We estimate $ 18, 069 will be sufficient to complete the additional services described above. If approved, this would increase our budget from 283, 684 to $ 301, 753.
Thank you for requesting this proposal from LSA. If you approve of this Scope of Work and Budget, please provide written authorization of your approval. Please contact me at edward. heming@Isa. net or 916- 412- 1544 if you have any questions. 10/7/ 24 (P:\ MKT2012 - I - S Louise Interchange\ Admin\ugment2\ I-5 Louise Energy Report scope_ 10-7- 224. docx) 2 478
LSA
Sincerely,
LSA Associates, Inc.
Edward Heming, A. I.C. P
Principal Environmental Planner
Attachment: Detailed budget
10/7/ 24 (P:\ MKT2012 - 1- 5 Louise Interchange \ Admin\ Augment 2\ I-5 Louise Energy Report Scope_ 10-7- 224. docx) 3 479
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ITEM 4. 12
CITY MANAGER' S REPORT
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
RATIFY THE PURCHASE OF AUTOMATIC
LICENSE PLATE RECOGNITION SURVEILLANCE
SYSTEM SOFTWARE AND HARDWARE FROM
VIGILANT SOLUTIONS, LLC. FOR CIP GG 19- 07
CITYWIDE SURVEILLANCE SYSTEM AND
APPROVE RELATED BUDGET AMENDMENT
Adopt a Resolution to Ratify the Purchase of
Automatic License Plate Recognition
Surveillance System Software and Hardware
From Vigilant Solutions, LLC. for CIP GG 19- 07
Citywide Surveillance System and Approve
Related Budget Amendment
SUMMARY:
The Lathrop Police Department finds the existing city surveillance system extremely useful during criminal investigations as it facilitates solving crimes and serves as a deterrent to criminal activities. The Automatic License Plate Recognition ( ALPR) surveillance cameras installed at intersections throughout the City register an average of three million vehicles per month along with traffic accidents and other activities.
After the creation of Capital Improvement Project ( CIP) GG 19- 07 Citywide Surveillance System, City Council approved the purchase and installation of ALPR surveillance cameras in five ( 5) developmental areas of Lathrop. Upon installation of the approved cameras, city staff identified additional intersections recently brought into the City' s network which were ready for ALPR surveillance camera installation.
Staff reached out to Vigilant Solutions because they were the provider of the previously purchased ALPR surveillance cameras and requested quotes for additional ALPR surveillance cameras. Vigilant Solutions provided quotes in the sum of $ 40, 000 for the additional ALPR surveillance cameras. The City Manager approved of the purchase as to avoid project delays. It was a cost saving to have the ALPR surveillance cameras installed while work was being completed for another project in the same areas.
For the necessary equipment installations for CIP GG 19- 07, staff is coordinating with the same vendor technicians for CIP PS 23- 01 Traffic Signal Technology, to upgrade the City' straffic control system, approved by City Council on July 11th, 2022, because equipment installations and configurations for both projects are taking place in the same areas. This will reduce installation costs related to the CIP GG 19- 07. 481
CITY MANAGER' S REPORT PAGE 2
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
RATIFY THE PURCHASE OF AUTOMATIC LICENSE PLATE RECOGNITION
SURVEILLANCE SYSTEM SOFTWARE AND HARDWARE FROM VIGILANT SOLUTIONS, LLC. FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE SYSTEM AND
APPROVE RELATED BUDGET AMENDMENT
The City Manager approved the purchase of the equipment to avoid delays due to supply chain constraints and demand. Tonight, staff is requesting City Council ratify the City Manager' sapproval of the purchase of software and hardware from Vigilant Solutions, LLC. for $ 40, 000 and approve related budget amendments for the reoccurring licensing subscription from the Information Systems Department budget for Subscriptions.
BACKGROUND
The Automatic License Plate Recognition ( ALPR) surveillance cameras installed at the intersections throughout the City register an average of three million vehicles per month along with traffic accidents and other questionable activities. Law enforcement has been able to use the surveillance system to assist them with their investigations by providing evidence regarding crimes such as:
Burglary
Arson
Theft
Assault
Hit and Run
Vandalism
Dumping
Speeding
Robbery
Reckless Driving
After the creation of Capital Improvement Project ( CIP) GG 19- 07 Citywide Surveillance System, City Council approved the purchase and installation of ALPR and surveillance cameras in five ( 5) developmental areas of Lathrop. Additional intersections have recently been brought into the City' s network and were ready to have ALPR surveillance cameras installed.
Staff reached out to Vigilant Solutions requested quotes for the additional ALPR cameras. Vigilant Solutions, LLC has confirmed to the City to be the sole copyright owner, manufacturer and distributor of the license plate recognition hardware and software, which is currently installed and utilized at various major intersections within the City for CIP GG 19- 07. Vigilant Solutions, LLC hardware is the only hardware able to capture, collect and transmit data (" communicate") with Vigilante Solutions, LLC proprietary software, therefore, this purchase with Vigilante Solutions, LLC is necessary to ensure that the new, additional cameras and software system that needs to be purchased is able to integrate and communicate with the cameras and software system currently installed and utilized throughout the City. Pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110 (A), this purchase is considered a sole source purchase which is exempt from bidding procedure because the additional, necessary license plate recognition cameras and software can only be purchased from Vigilant Solutions, LLC as they own the copyright to their proprietary products and no similar substitute exists that would integrate and communicate with the City' scurrent license plate recognition software system.
482
CITY MANAGER' S REPORT PAGE 3
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
RATIFY THE PURCHASE OF AUTOMATIC LICENSE PLATE RECOGNITION
SURVEILLANCE SYSTEM SOFTWARE AND HARDWARE FROM VIGILANT SOLUTIONS, LLC. FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE SYSTEM AND
APPROVE RELATED BUDGET AMENDMENT
To reduce expenses for the installation and configuration of equipment, staff is coordinating the same vendor technicians for CIP PS 23- 01 Traffic Signal Technology, because equipment installation and configuration for both projects is taking place at the same intersections. This will save the City in expenses for the configuration and installation. It is essential that the equipment for CIP GG 19- 07 arrive while the technicians are completing work in the area for CIP PS 23- 01 to reduce expenses.
The budget for CIP GG 19- 07 is sufficient to fund the expense for the hardware and first year licensing subscription however the reoccurring annual licensing subscription will be funding through the Information Systems Department budget for Subscriptions. There is not sufficient funding for the reoccurring expense or the previously purchased ALPR surveillance cameras as it was not budgeted with the biennial budget approved by City Council. Staff is requesting approval of an amendment to fund the annual reoccurring expense for all ALPR surveillance camera licensing subscriptions related to CIP GG 19- 07 in the amount of $ 265, 000. per year for five years.
The City Manager approved the purchase orders for equipment to avoid project delays due to supply chain constraints and demand. Tonight, staff is requesting City Council ratify the City Manager' s approval of the purchase of software and hardware from Vigilant Solutions, LLC. for $ 40, 000 and approve the related budget amendment for the reoccurring licensing subscription expense of $265, 000 per year for five years.
REASON FOR RECOMMENDATION:
The proposed Surveillance System ordered through Vigilant Solutions, LLC. for CIP GG 19- 07 Citywide Surveillance System represents an effort to utilize technology to enhance crime prevention and resident safety while providing tools to expedite crime investigations.
483
CITY MANAGER' S REPORT PAGE 4
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
RATIFY THE PURCHASE OF AUTOMATIC LICENSE PLATE RECOGNITION
SURVEILLANCE SYSTEM SOFTWARE AND HARDWARE FROM VIGILANT SOLUTIONS, LLC. FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE SYSTEM AND
APPROVE RELATED BUDGET AMENDMENT
FISCAL IMPACT:
The purchases from Vigilant Solutions, LLC for $ 40, 000 is within the balance available in CIP GG 19- 07. The budget is sufficient to cover the full cost of the equipment. The budget for Information Systems Department Subscriptions is not sufficient to fund the reoccurring expense for licensing subscription of $ 265, 000 per year. Therefore, staff is requesting a budget amendment of $ 265, 000 from Measure C, pending approval from the Measure C Oversight Committee. The following budget amendment is requested.
Transfers out
1060- 9900-90- 9010 $ 265, 000
Transfers in
1010-7- 20- 435- 10- 0 $ 265, 000
ATTACHMENTS:
A. Resolution of the City Council of the City of Lathrop to Ratify the Purchase of Automatic License Plate Recognition Software, Hardware and Configuration from Vigilant Solutions, LLC. for CIP GG 19- 07 and approve related budget amendment.
B. Purchase order No. 2025- 00000261 with Vigilant Solutions, LLC.
C. Purchase order No. 2025- 00000139 with Vigilant Solutions, LLC. 484
CITY MANAGER' SREPORT PAGE 5
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
RATIFY THE PURCHASE OF AUTOMATIC LICENSE PLATE RECOGNITION
SURVEILLANCE SYSTEM SOFTWARE AND HARDWARE FROM VIGILANT SOLUTIONS, LLC. FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE SYSTEM AND
APPROVE RELATED BUDGET AMENDMENT
APPROVALS:
Tom- FTrnandes
Information Systems Director
Carl Jam
Finance rector
Michael King
Assistant City Manager
7d -
Date
Date
I• $ • zcz.
Date
Sa vador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
485
RESOLUTION NO. 25 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFY THE
PURCHASE OF AUTOMATIC LICENSE PLATE RECOGNITION SURVEILLANCE SYSTEM SOFTWARE AND HARDWARE FROM VIGILANT SOLUTIONS, LLC. FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE SYSTEM AND APPROVE RELATED
BUDGET AMENDMENT
WHEREAS, the Lathrop Police Department finds the existing city ALPR camera surveillance system extremely useful during criminal investigations as it facilitates solving crimes and serves as a deterrent to criminal activities; and WHEREAS, city staff identified additional intersections recently brought into the City' s network and ready for ALPR surveillance camera installation; and WHEREAS, Vigilant Solutions, LLC has confirmed to the City to be the sole copyright owner, manufacturer and distributor of the license plate recognition hardware and software, which is currently installed and utilized at various major intersections within the City for CIP GG 19- 07; and
WHEREAS, pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110 (A), this purchase is considered a sole source purchase which is exempt from bidding procedure because the additional, necessary license plate recognition cameras and software can only be purchased from Vigilant Solutions, LLC; and WHEREAS, the budget for CIP GG 19- 07 is sufficient to fund the expense for the hardware and first year licensing subscription; and WHEREAS, the reoccurring annual licensing subscription will be funding through the Information Systems Department budget for Subscriptions; and WHEREAS, the Information Systems Department does not have sufficient funding for this expense or the previously purchased ALPR surveillance cameras as it was not budgeted with the biennial budget approved by City Council; and WHEREAS, staff is requesting a budget amendment of $ 265, 000 from Measure C, pending approval from the Measure C Oversight Committee; and WHEREAS, staff is requesting City Council ratify the City Manager' s approval of the purchase of software and hardware from Vigilant Solutions, LLC. for $ 40, 000 and approve the related budget amendment for the reoccurring licensing subscription expense of $265, 000 per year for five years as requested below.
Transfers out
1060- 9900-90- 9010 $ 265, 000
Transfers in
1010-7- 20- 435- 10- 0 $ 265, 000
486
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does Ratify the Purchase of Automatic License Plate Recognition Software, Hardware and Configuration from Vigilant Solutions, LLC. for CIP GG 19- 07; and BE IF FURTHER RESOLVED, the City Council of the City of Lathrop does approve related budget amendment as follows.
Transfers out
1060- 9900-90- 9010 $ 265, 000
Transfers in
1010-7- 20- 435- 10- 0 $ 265, 000
487
The foregoing resolution was passed and adopted this 13th day of January 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 488
Docusign Envelope ID: EFE8DA95 2D2D- 4CF5- ABFE-EAE592F3B9E The parties to this agreement
are:
Vendor No. 3401
VIGILANT SOLUTIONS. LLC
P. O. BOX 841001
C
DALLAS, TX 75284- 1001
o
1. 00
1. 00
1. 00
EACH
EACH
EACH
Quot
Quot
Quot
ao 390 Towne Centre Dr
Lathrop, CA 95330
4 CI) 390 Towne Centre Dr
2 Lathrop, CA 95330
o
Purchase Order
No. 2025- 00000139
Date 8/ 22/024
Resolution
PURCHASE ORDER NUMBER MUST
APPEAR ON ALL INVOICES, SHIPPERS, BILL
OF LADING AND CORRESPONDENCE
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE 1 of 3
ORIGINATOR Emily Malay
10, 565. 0000
10, 565. 0000
12,15. 0000
The contractor agrees to fumish all labor, equipment and materials necessary to perform the services describe herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference ( Outline exact detail what is to be done, where is to be done and include work specifications, if applicable.)
Debbbiabbb by:
Gvtn. upu. S 9/ 10/ 224
CITY OF LATHROP
RFCOMMENDED FOR APPROVAL
rDocu5nId
by
10, 565. 00
10, 565. 00
12,15. 00
33, 245. 00
9/ 10/ 224
VENDOR ( Signature)
DATE APPROVED BY
CITY OF LATHROP
APPROVED BY
Special Instructions
LPR Cameras for Intersections
CIP GG 19- 07
DATE
Kelly Bluth
DATE
9/ 10/ 224
VENDOR ( Print Name)
APPROVED BY DATE