Lodi City Council
February 16, 2022

Revised 10/2021 2/10/2022 1:09 PM

For information regarding this Agenda please contact:

Pamela M. Farris
Assistant City Clerk
Telephone: (209) 333-6702

C-1 Call to Order / Roll Call
C-2 Announcement of Closed Session
a) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City Manager (Labor Negotiators), Regarding Lodi City Mid-Management Association, AFSCME General Services and Maintenance & Operators, Police Mid-Managers, Lodi Police Officers Association, Lodi Police Dispatchers Association, Lodi Professional Firefighters, Lodi Fire Mid-Management, International Brotherhood of Electrical Workers, Confidential General Services, Confidential Mid-Managers, Executive Managers, and Appointed Employees Pursuant to Government Code §54957.6 (CM)

C-3 Adjourn to Closed Session

NOTE: THE FOLLOWING ITEMS WILL COMMENCE NO SOONER THAN 7:00 P.M.

C-4 Return to Open Session / Disclosure of Action
A. Call to Order / Roll Call
B. Presentations – None

LODI CITY COUNCIL
Carnegie Forum
305 West Pine Street, Lodi

Notice Regarding Public Comments
Public Comment may be submitted in the following ways:
• In-person – The Carnegie Forum is open to the public in accordance with CDPH and CalOSHA guidelines.
• Zoom Webinar
 Meeting ID: 812 8765 8564
 Passcode: 508789
 Phone number: 1 253 215 8782 or 1 346 248 7799
 Link: https://us06web.zoom.us/j/81287658564?pwd=VEJ4dm9mcFNYbTJXKzk1YUZXSVRmQT09 Public comment received via email, mail, or hand delivery will be provided to the City Council and included in the official minutes of the meeting, but will not be read aloud at the meeting. • Email – [email protected]
 Received no later than two hours prior to the meeting • Mail – City Clerk’s Office, P.O. Box 3006, Lodi, CA 95241 • Hand delivered to: City Clerk’s Office, 221 W. Pine Street, Lodi, CA 95240  Received no later than two hours prior to the meeting 6:55 p.m. Invocation/Call to Civic Responsibility . Invocations/Calls may be offered by any of the various religious and non- religious organizations within and around the City of Lodi. These are voluntary offerings of private citizens, to and for the benefit of the Council. The views or beliefs expressed by the Speaker have not been previously reviewed or approved by the Council, and the Council does not endorse the beliefs or views of any speaker.

AGENDA – Regular Meeting
Date: February 16, 2022
Time: Closed Session 6:30 p.m.

Regular Meeting 7:00 p.m.

CITY COUNCIL AGENDA
FEBRUARY 16, 2022

PAGE TWO

C. Consent Calendar (Reading; Comments by the Public; Council Action) All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion.

There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, refer to the Notice at the beginning of this agenda.

C-1 Receive Register of Claims for December 31, 2021 through January 27, 2022 in the Total Amount of $8,616,981.53 (FIN)

C-2 Approve Minutes (CLK)
a) January 18, January 25, and February 1, 2022 (Shirtsleeve Sessions) b) January 19 and February 2, 2022 (Regular Meetings)
c) February 1, 2022 (Special Meeting)

C-3 Approve Specifications and Authorize Advertisement for Bids for 2022 Crack Seal Project (PW)

Res. C-4 Adopt Resolution Authorizing City Manager to Waive Bidding Process and Purchase Materials and Services from CMAS Contract #4-06-78-0031A Vendor Field Turf USA, Inc., of Montreal, Quebec, for Grape Bowl All-Weather Turf Replacement Project ($760,000) (PRCS)

C-5 Accept Improvements Under Contract for Lodi Parking Structure Masonry Wall Repair Project (PW)

C-6 Accept Improvements Under Contract for City Hall Security Improvements Project (PW)

Res. C-7 Adopt Resolution Authorizing City Manager to Execute Change Orders to 2021- 2023 Sidewalk and Miscellaneous Concrete Repair Program ($153,590), and Appropriating Funds ($45,207) (PW)

Res. C-8 Adopt Resolution Authorizing City Manager to Execute Additional Change Orders to 2020 Well Rehabilitation Project ($250,000) and Appropriating Funds ($246,000) (PW)

Res. C-9 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Wilbur- Ellis Company, LLC, of San Francisco, for Land Application Area Monitoring Agronomist Support ($59,760) (PW)

Res. C-10 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Securitas Electronic Security, Inc., of Uniontown, Ohio, for On-Call Repairs and Maintenance of City Security Doors, Gates, and Access Controls ($80,000) (PW)

Res. C-11 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Service 1st Overhead Door, of Acampo, for Citywide Overhead Door Repair on City Facilities ($15,000) (PW)

Res. C-12 Adopt Resolution Authorizing City Manager to Execute Extension to Professional Services Agreement with GDS Associates, Inc., for Electric Utility Rate Analysis Services (EU)

Res. C-13 Adopt Resolution Authorizing City Manager to Execute Second One-Year Optional Extension to Professional Services Agreement with the Pun Group, LLP, of Santa Ana, for Auditing Services ($82,192 for Fiscal Year 2021-22 Audit and $331,964 for Life of Contract) (FIN)

Res. C-14 Adopt Resolution Authorizing City Manager to Execute Assignment Administration Agreement for Western Area Power Administration Base Resource Percentage Between Northern California Power Agency and City of Lodi (EU)

Res. C-15 Adopt Resolution Authorizing City Manager to Execute Request for Assignment of City of Lodi’s Western Area Power Administration Base Resource Percentage to Northern California Power Agency (EU)

Res. C-16 Adopt Resolution Approving Renewal of Chiropractic Benefit Administration Agreement with Landmark Healthplan of California; and Further Authorizing City Manager to Execute Agreement (HR)

CITY COUNCIL AGENDA
FEBRUARY 16, 2022

PAGE THREE

Res. C-17 Adopt Resolution Authorizing City Manager to Execute Three-Year Agreement with Cardknox Development Incorporated, of Howell, New Jersey, NYM Services DBA Fidelity Payment Services, of Brooklyn, New York, for Online and Point-of-Sale Credit/Debit Transactions in Conjunction with Permit, Project, and Code Case TRAKiT Software and Appropriate Funds ($10,000) (CD)

Res. C-18 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Service Agreement with Tyler Technologies, Inc., of Yarmouth, Maine, and Appropriate Funds ($116,502) (CM)

Res. C-19 Adopt Resolution Ratifying Expenditures ($14,351) and Authorizing Automatic Annual Renewal of Agreement with TextPower, Inc., for Electric Outage Notifications ($10,000/Year) (EU)

Res. C-20 Adopt Resolution Accepting Grant Funds from State of California for Tony Zupo Field Fire Restoration Project and Appropriating $750,000 (PRCS)

C-21 Accept Monthly Protocol Account Report through January 31, 2022 (CLK)

Res. C-22 Adopt Resolution of Notification of Intent to Comply with Senate Bill 1383 to CalRecycle (PW)

Res. C-23 Adopt Resolution Amending Arts Commission By-Laws (PRCS)

C-24 Post for Vacancy on Lodi Arts Commission (CLK)

Res. C-25 Adopt Resolution Accepting Fiscal Year 2020/21 Measure L Citizens’ Oversight Committee Annual Accountability Report and Accepting Committee’s Recommendation to Create One-Page Flyer to Promote Successes of Measure L (CM)

Res. C-26 Adopt Resolution Declaring Intention to Annex Territory (Lumina Subdivision) to Community Facilities District No. 2007-1 (Public Services) and to Levy a Special Tax to Pay for Certain Public Services (Annexation No. 13); and Setting Public Hearing for April 6, 2022 (PW)

C-27 Set Public Hearings for March 2, 2022 and April 6, 2022 to Receive Public Input on Draft Maps of Voting District Boundaries Based on 2020 Census Data (CA)

C-28 Set Public Hearing for March 2, 2022 to Consider Adopting Resolution Amending Requirements and Procedures for Review of Growth Allocation Applications (CD)

C-29 Set Public Hearing for March 16, 2022, to Consider Resolution Adopting Pre-Approved Proposition 218 Consumer Price Index-Based Annual Adjustment to Rates for Solid Waste Collection (PW)

D. Comments by the Public on Non-Agenda Items

THE TIME ALLOWED PER NON -AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.

Public comment may only be made on matters within the Lodi City Council's jurisdiction (Government Code Section 54954.3, Lodi City Council Protocol Manual Sec tion 6.3l). The Council cannot take action or deliberate on items that are not on this agenda unless there is an emergency and the need t o take action on that emergency arose after this agenda was posted (Government Code Section 54954.2(b)(2)). All other items may only be referred for review to staff or placement on a future Council agenda.

If you wish to address the Council, please refer to the Notice at the beginning of this agenda. Individuals are limited to one appearance during this section of the Agenda.

E. Comments by the City Council Members on Non-Agenda Items

F. Comments by the City Manager on Non-Agenda Items

CITY COUNCIL AGENDA
FEBRUARY 16, 2022

PAGE FOUR

G. Public Hearings

Res. G-1 Public Hearing to Consider Adopting Resolution Setting Pre-Approved 2021 Engineering News Record Adjustment Index for Usage-Based and Flat Water Rates for Residential, Commercial, and Industrial Customers (PW)

Res. G-2 Public Hearing to Adopt Resolution to Vacate 10-foot Public Utility Easement Located at 800 through 830 Talavera Circle; APNs: 027-310-29, 28, 27, 26, 25, and 24 (PW)

Res. G-3 Public Hearing to Adopt Resolution to Vacate Existing 16.5-Foot and 3-Foot Public Utility Easements Located at 2525 West Century Boulevard

H. Regular Calendar

H-1 Receive Presentation from San Joaquin Council of Governments Consultant Regarding Lodi Greenline Feasibility Study Results (PW)

Ord. H-2 Introduce Ordinance Amending Lodi Municipal Title 15 – Buildings and Construction – by Repealing and (Introduce) Reenacting Chapter 15.20, Fire Code, in Its Entirety (FD)

Res. H-3 Adopt Resolution Approving Exception to 180-Day Waiting Period for Appointing Retired Annuitant to Provide Support to Transportation Division and Provide Training for New Transportation Manager W hen Hired (HR)

I. Ordinances

Ord. I-1 Adopt Ordinance No. 1992 Entitled, “An Ordinance of the Lodi City Council Authorizing an Amendment (Adopt) to Contract between City Council of City of Lodi and Board of Administration of California Public Employees’ Retirement System” (CLK)

J. Reorganization of the Following Agency Meetings:

Res. J-1 Lodi Public Improvement Corporation

Res. J-2 Industrial Development Authority

Res. J-3 Lodi Financing Corporation

Res. J-4 Lodi Public Financing Authority

K. Adjournment

Pursuant to Section 54954.2(a) of the Government Code of the State of California, this agenda was posted at least 72 hours in advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day.

______________________________
Pamela M. Farris
Assistant City Clerk

All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk, located at 221 W. Pine Street, Lodi, and are available for public inspection. Agendas and staff reports are also posted on the City’s website at www.lodi.gov. If requested, the agenda shall be made available in appropriate alternative f ormats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation contact the City Clerk’s Office as soon as possible and at least 72 hours prior to the meeting date. Language interpreter requests must be rec eived at least 72 hours in advance of the meeting to help ensure availability. Contact Pame la M. Farris at (209) 333-6702. Solicitudes de interpretación de idiomas deben ser recibidas por lo menos con 72 horas de anticipación a la reunión para ayudar a asegurar la disponibilidad. Llame a Pamela M. Farris (209) 333-6702.

Meetings of the Lodi City Council are telecast on SJTV, Channel 26. The City of Lodi provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the City's website at www.lodi.gov by clicking the meeting webcasts link.

Members of the public may view and listen to the open session of this teleconference meeting at www.facebook.com/CityofLodi/ or https://us06web.zoom.us/j/81287658564?pwd=VEJ4dm9mcFNYbTJXKzk1YUZXSVRmQT09.

AGENDA ITEM C-01
APPROVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AGE
NDA TITLE: Receive Register of Claims for December 31, 2021 through January 27, 2022 in the Total Amount of $8,616,981.53
MEETING DATE: February 16, 2022
PREPARED BY: Internal Services Director
REC
OMMENDED ACTION: Receive the attached Register of Claims for $8,616,981.53.

BACKGROUND INFORMATION: Attached is the Register of Claims in the amount of $8,616,981.53 for December 31, 2021 through January 27, 2022. Also attached is Payroll in the amount of $1,694,831.76 through January 9, 2022 and $1,838,514.35 through January 23, 2022.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: As per attached report.
_______________________________
Andrew
Keys
Internal
Services Director

City of Lodi Live v2020.3 1/31/2022 10:49:55 AM
Fund Fund Title Amount
010 Cash Equity Fund $12.58
100 General Fund $2,443,612.06
103 Measure L $10,974.58
120 Library Fund $14,378.64
140 Expendable Trust $9,585.99
200 Parks Rec & Cultural Services $28,926.75
205 State Grants $2,542.50
270 Comm Dev Special Rev Fund $54,707.87
301 Gas Tax-2105 2106 2107 $69,772.81
303 Measure K Funds $3,780.00
305 TDA - Streets $576.11
350 H U D $45,768.43
432 Parks & Rec Capital $34,638.79
437 IMF Parks & Rec Facilities $6,985.43
500 Electric Utility Fund $3,143,459.18
501 Utility Outlay Reserve Fund $856,026.81
504 Public Benefits Fund $91,919.76
505 IMF EU Substation & Trans Syst $514.00
508 Environmental Compliance $196,367.00
530 Waste Water Utility Fund $11,085.58
531 Waste Wtr Util-Capital Outlay $42,484.69
560 Water Utility Fund $146,335.98
561 Water Utility-Capital Outlay $250.00
590 Central Plume $3,438.01
600 Dial-a-Ride/Transportation $215,082.12
642 IT replacement $467,667.27
650 Internal Service/Equip Maint $70,167.76
655 Employee Benefits $615,760.42
660 General Liabilities $789.15
665 Worker's Comp Insurance $12,931.85
801 L&L Dist Z1-Almond Estates $16,439.41
Total $8,616,981.53
AP Council Report Summary
12/31/2021-1/27/2022
City of Lodi Live v2020.3 1/18/2022 8:12:05 AM
Fund Description Amount
$849,792.08
$166,584.59
$18,389.36
$80,049.02
$1,222.18
$47,197.93
$38,258.95
$254,404.51
$13,216.93
$152,998.47
$23,280.77
$14,073.89
$22,450.10
$12,912.98
Report Total $1,694,831.76
Council Report: Payroll
Pay Period: 1/9/2022
100 General Fund
103 Measure L
120 Library Fund
200 Parks Rec & Cultural Services
214 LPD-OTS Grants
270 Comm Dev Special Rev Fund
301 Gas Tax-2105 2106 2107
500 Electric Utility Fund
501 Utility Outlay Reserve Fund
530 Waste Water Utility Fund
560 Water Utility Fund
600 Dial-a-Ride/Transportation
650 Internal Service/Equip Maint
655 Employee Benefits
City of Lodi Live v2020.3 1/31/2022 10:52:03 AM
Fund Description Amount
$852,521.62
$195,297.08
$19,576.76
$112,174.91
$994.18
$43,478.23
$39,005.80
$323,335.60
$34,325.28
$163,760.45
$23,164.00
$8,256.58
$22,623.86
Report Total $1,838,514.35
600 Dial-a-Ride/Transportation
650 Internal Service/Equip Maint
501 Utility Outlay Reserve Fund
530 Waste Water Utility Fund
560 Water Utility Fund
270 Comm Dev Special Rev Fund
301 Gas Tax-2105 2106 2107
500 Electric Utility Fund
120 Library Fund
200 Parks Rec & Cultural Services
219 LPD-ABC Grant
Council Report: Payroll
Pay Period: 1/23/2022
100 General Fund
103 Measure L
A GENDA ITEM C-02
APPR
OVED: _________________________________________
Stephen Schwabauer, City Manager
\\cvcfilv01\administration$\Shared\cityclerk\Agenda\2022\021622\CLK - Minutes\Minutes.doc

CITY OF LODI

COUNCIL COMMUNICATION

TM
AGENDA TITLE: Approve Minutes
a) January 18, 2022 (Shirtsleeve Session)
b) January 19, 2022 (Regular Meeting)
c) January 25, 2022 (Shirtsleeve Session)
d) February 1, 2022 (Shirtsleeve Session)
e) February 1, 2022 (Special Meeting)
f) February 2, 2022 (Regular Meeting)
MEETING DATE: February 16, 2022
PREPARED BY: City Clerk
RE
COMMENDED ACTION: A pprove the following minutes as prepared:
a) January 18, 2022 (Shirtsleeve Session)
b) January 19, 2022 (Regular Meeting)
c) January 25, 2022 (Shirtsleeve Session)
d) February 1, 2022 (Shirtsleeve Session)
e) February 1, 2022 (Special Meeting)
f) February 2, 2022 (Regular Meeting)
B
ACKGROUND INFORMATION: Attached are copies of the subject minutes marked Exhibit A through F respectively.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.
___________
____________________
Pamela M. Farris
Assistant City Clerk
Attachments

LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, JANUARY 18, 2022
The January 18, 2022, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Pamela M. Farris
Assistant City Clerk
1 Exhibit A

LODI CITY COUNCIL

REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JANUARY 19, 2022
The City Council Closed Session meeting of January 19, 2022, was called to order by Mayor Chandler at 6:18 p.m.

Present: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler

Absent: None
Also Present: City Manager Schwabauer, Deputy City Attorney Lucchesi, and Assistant City Clerk Farris
At 6:18 p.m., Mayor Chandler adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:48 p.m.

At 7:01, Mayor Chandler reconvened the City Council meeting, and Deputy City Attorney Lucchesi disclosed the following actions.

Item C-2a) was discussion and direction with no further reportable action.

Item C-2b) was discussion and direction with no further reportable action.

Item C-2c) was discussion and direction with no further reportable action.

The Regular City Council meeting of January 19, 2022, was called to order by Mayor Chandler C-1 Call to Order / Roll Call
C-2 Announcement of Closed Session
a) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City Manager (Labor Negotiators), Regarding Lodi City Mid-Management Association, AFSCME General Services and Maintenance & Operators, Police Mid-Managers, Lodi Police Officers Association, Lodi Police Dispatchers Association, Lodi Professional Firefighters, Lodi Fire Mid-Management, International Brotherhood of Electrical Workers, Confidential General Services, Confidential Mid-Managers, Executive Managers, and Appointed Employees Pursuant to Government Code §54957.6 (CM) b) Actual Litigation: Government Code Section 54956.9; Three Applications; James Landis v.

City of Lodi, Workers’ Compensation, WCAB Case # ADJ13014927(DOI: 1/17/2020 CT), WCAB Case # ADJ13014910(DOI: 9/6/2019), WCAB Case # ADJ5777731(DOI:7/1/2006) (CA)
c) Actual Litigation: Government Code Section 54956.9; One Application; Gerald Bahr s v.

City of Lodi, Workers’ Compensation, WCAB Case # ADJ12892437(12/30/2019) (CA) C-3 Adjourn to Closed Session
C-4 Return to Open Session / Disclosure of Actio n
A. Call to Order / Roll Call
1 Exhibit B
at 7:01 p.m.

Present: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler

Absent: None
Also Present: City Manager Schwabauer, Deputy City Attorney Lucchesi, and Assistant City Clerk Farris
Council Member Khan made a motion, second by Council Member Kuehne, to approve the following items hereinafter set forth, except those otherwise noted, in accordance with the report and recommendation of the City Manager.

VOTE:

The above motion carried by the following vote:

Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None

Absent: None
Claims were approved in the amount of $7,399,703.79.

The minutes of January 4, 2022 (Shirtsleeve Session), January 5, 2022 (Regular Meeting), and January 11, 2022 (Shirtsleeve Session) were approved as written.

Adopted Resolution No. 2022-13 accepting Zupo Field Daktronics scoreboard donation from Meehleis & Sinclair Foundation and Lodi Boosters of Boys/Girls Sports (B.O.B.S.), in the amount of $14,817.59.

Adopted Resolution No. 2022-14 authorizing the City Manager to waive the bidding process, approving the purchase and standardization of Lyons V-Force turnouts from AllStar Fire Equipment, Inc., and transferring and appropriating funds in the amount of $33,000.

B
. Presentations – None
C. Consent Calendar (Reading; Comments by the Public; Council Action) All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion.

There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, refer to the Notice at the beginning of this agenda.

C-1 Receive Register of Claims for December 17, 2021 through December 30, 2021 in the Total Amount of $7,399,703.79 (FIN)
C-2 Approve Minutes (CLK)
C-3 Adopt Resolution Accepting Zupo Field Daktronics Scoreboard Donation from Meehleis & Sinclair Foundation and Lodi Boosters of Boys/Girls Sports (B.O.B.S.) ($14,817.59) (PRCS)
C-4 Adopt Resolution Authorizing City Manager to Waive Bidding Process, Approve Purchase and Standardization of Lyons V-Force Turnouts from AllStar Fire Equipment, Inc., and Transfer and Appropriate Funds ($33,000) (FD)
2 Adopted Resolution No. 2022-15 authorizing the City Manager to execute a Professional Services Agreement with Transformer Services, Inc., of Hillsboro, Oregon, in the amount of $115,768; authorizing the purchase of materials from Circuit Breaker Sales Co., Inc., of Phoenix, Arizona, in the amount of $160,908; and appropriating funds for Substation Load Tap Changer Capital Improvement Project for a total authorized Fiscal Year 2021/22 budget of $288,000.

Adopted Resolution No. 2022-16 authorizing the City Manager to execute a Professional Services Agreement with WMB Architects, of Stockton, for Tony Zupo Field Fire Restoration Project design services, in the amount of $45,880.

Adopted Resolution No. 2022-17 authorizing the City Manager to execute an amendment to the Professional Services Agreement with Complete Paperless Solutions, of Anaheim, for software support of electronic content management system, in the amount of $23,600.

Adopted Resolution No. 2022-18 ratifying expenses and authorizing the City Manager to execute Amendment No. 2 to the contract for janitorial services for City facilities with ABM Industry Groups, LLC, of San Francisco, in the amount of $75,000.

This item was pulled at the request of a member of the public. City Manager Schwabauer provided clarification on the services provided by Michael Baker International.

Council Member Kuehne made a motion, second by Mayor Pro Tempore Hothi, to adopt Resolution No. 2022-19 revising the contract maximum for executed Agreement Amendment No. 4 to include Amendments No. 1 through No. 4 and Extensions No. 1 and No. 2 of the Professional Services Agreement with Michael Baker International, of Rancho Cordova, for Community Development Block Grant administration / Housing Program support services.

VOTE
:

The above motion carried by the following vote:

Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro C-5
Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Transformer Services, Inc., of Hillsboro, Oregon ($115,768); Authorizing Purchase of Materials from Circuit Breaker Sales Co., Inc., of Phoenix, Arizona ($160,908); and Appropriating Funds for Substation Load Tap Changer Capital Improvement Project for Total Authorized Fiscal Year 2021/22 Budget of $288,000 (EU) C-6 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with WMB Architects, of Stockton, for Tony Zupo Field Fire Restoration Project Design Services ($45,880) (PW)
C-7 Adopt Resolution Authorizing City Manager to Execute Amendment to Professional Services Agreement with Complete Paperless Solutions, of Anaheim, for Software Support of Electronic Content Management System ($23,600) (CLK) C-8 Adopt Resolution Ratifying Expenses and Authorizing City Manager to Execute Amendment No. 2 to Contract for Janitorial Services for City Facilities with ABM Industry Groups, LLC, of San Francisco ($75,000) (PW)
C-9 Adopt Resolution Revising Contract Maximum for Executed Agreement Amendment No. 4 to Include Amendments No. 1 through No. 4 and Extensions No. 1 and No. 2 of Professional Services Agreement with Michael Baker International, of Rancho Cordova, for Community Development Block Grant administration / Housing Program support services. 3 Tempore Hothi, and Mayor Chandler
Noes: None

Absent: None
Adopted Resolution No. 2022-20 authorizing the City Manager to execute a lease agreement with Lodi Adopt-A-Child and Community Partnership for Families of San Joaquin for 100 East Pine Street.

Adopted Resolution No. 2022-21 authorizing the City Manager to execute an agreement to participate in CALNET NextGen contract between State of California and AT&T through June 30, 2025.

This item was pulled at the request of Mayor Chandler who requested a further revision of the bylaws under Purpose, Role, Scope and Function, C-2, to reflect "his/her" annual budget.

Mayor Chandler made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2022-22 revising Parks and Recreation Commission bylaws.

VOTE
:

The above motion carried by the following vote:

Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None

Absent: None
Directed the City Clerk to post for the following vacancy:

Lodi Improvement Committee
Magdalena Saldana - Term to expire March 1, 2024
Received the monthly Protocol Account Report.

Adopted Resolution No. 2022-23 authorizing the payment of supplemental invoices to settle underpayments associated with Woodbridge Irrigation District water sale agreement Consumer Price Index increases utilizing banked water credits in lieu of cash.

C-10
Adopt Resolution Authorizing City Manager to Execute Lease Agreement with Lodi Adopt- A-Child and Community Partnership for Families of San Joaquin for 100 East Pine Street (PW)
C-11 Adopt Resolution Authorizing City Manager to Execute Agreement to Participate in CALNET NextGen Contract between State of California and AT&T through June 30, 2025 (IT)
C-12 Adopt Resolution Revising Parks and Recreation Commission Bylaws (PRCS) C-13 Post for Vacancy on Lodi Improvement Committee (CLK) C-14 Monthly Protocol Account Report (CLK)
C-15 Adopt Resolution Authorizing Payment of Supplemental Invoices to Settle Underpayments Associated with Woodbridge Irrigation District Water Sale Agreement Consumer Price Index Increases Utilizing Banked Water Credits in Lieu of Cash (PW) 4 Adopted Resolution No. 2022-24 declaring emergency condition requiring immediate repair of Mokelumne Riverbank at Lodi Lake Park.

Set a public hearing for February 16, 2022, to consider adopting a resolution setting pre-approved 2021 Engineering News Record adjustment index for usage-based and flat water rates for residential, commercial, and industrial customers.

Pete Valdez, a resident, spoke about social injustice, unfair treatment at school board meetings, and the need for a townhall meeting.

Council Member Khan spoke about increasing the number of food truck permits within the City and the need for cleanup on Turner Road.

Mayor Chandler commented that Turner Road is under State jurisdiction, which complicates cleanup efforts.

City Manager Schwabauer stated that Chief Brucia has been working with both Caltrans and the California Highway Patrol on cleanup efforts. He further stated that Community Development Department is researching population-based permits for food trucks.

Council Member Kuehne commented on upcoming charity fundraisers.

Council Member Nakanishi stated that citizens can become involved in local government by attending Council meetings and emailing their representatives.

City Manager Schwabauer stated the City has invested considerable CDBG and General Fund money in affordable housing, including Cranes Landing, Hotel Lodi, Lodi House, Salvation Army emergency shelter and Hope Harbor, low bar/no bar shelter, and Harmony Homes. He further noted that the February 2, 2022 Council meeting has been cancelled.

C-16
Adopt Resolution Declaring Emergency Condition Requiring Immediate Repair of Mokelumne Riverbank at Lodi Lake Park (PW)
C-17 Set Public Hearing for February 16, 2022, to Consider Adopting Resolution Setting Pre - Approved 2021 Engineering News Record Adjustment Index for Usage-Based and Flat Water Rates for Residential, Commercial, and Industrial Customers (PW) D. Comments by the Public on Non-Agenda Items THE TIME ALLOWED PER NON-

AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.

E. Comments by the City Council Members on No n-Agenda Items F. Comments by the City Manager on Non-Agenda Items
G. Public Hearings – None
H. Regular Calendar
H-1 Adopt Resolution of Intention Approving an Amendment to Contract Between Board of Administration of California Public Employees’ Retirement System (PERS) and City of Lodi and Introduce Ordinance Amending Contract Between PERS and City of Lodi with Regard 5 Deputy City Manager Andrew Keys provided a presentation regarding an amendment to the California Public Employees' Retirement System (PERS) contract. He noted that this is an administrative item required by CalPERS for employee contracts that have already been approved.

In response to comments by Pete Valdez, a member of the public, City Manager Schwabauer clarified that the City is not giving money for employee pensions, and the item addresses a revision of the CalPERS contract for funds that employees are paying.

Council Member Kuehne made a motion, second by Council Member Khan, to adopt Resolution of Intention No. 2022-25 approving an amendment to the contract between the Board of Administration of California Public Employees' Retirement System (PERS) and City of Lodi and introduce Ordinance No. 1992 amending the contract Between PERS and City of Lodi with regard to providing Government Code Section 20516 (Employees Sharing Additional Cost) of additional 3% for Local Miscellaneous Members in unrepresented Confidential Mid-Management Group, unrepresented Confidential General Services Group, unrepresented Executive Management Group, and unrepresented Council Appointees Group.

VOTE:

The above motion carried by the following vote:

Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None

Absent: None
Vanessa Burke, of the Pun Group, provided a PowerPoint presentation regarding the City's Annual Comprehensive Financial Report for Fiscal Year 2020/21. Specific topics of discussion included scope of work; Annual Required Communications (AU-C 260); management's responsibilities; auditors' responsibilities; ethics and independence; significant accounting policies; significant estimates; sensitive disclosures; audit approach; audit results; overview of financial statements; Annual Comprehensive Financial Report; summary statement of net positions; summary statement of activities; summary balance sheet; summary statement of revenues, expenditures, and changes in fund balance; key financial indicators and pension/OPEB information; sales tax; net cost of services to tax revenues; available fund balance to annual expenditures; GASB 68 - pension standard; and GASB 75 - OPEB standard.

In response to Council Member Nakanishi, Ms. Burke clarified a sick leave conversion liability issue.

Council Member Kuehne made a motion, second by Council Member Khan, to receive and file the City’s Annual Comprehensive Financial Report (Fiscal Year 2020/21) by the Pun Group.

VOTE
:

The above motion carried by the following vote:

Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro to Providing Government Code Section 20516 (Employees Sharing Additional Cost) of Additional 3% for Local Miscellaneous Members in Unrepresented Confidential Mid- Management Group, Unrepresented Confidential General Services Group, Unrepresented Executive Management Group, and Unrepresented Council Appointees Group (HR) H-2 Receive and File Cit y’s Annual Comprehensive Financial Report (Fiscal Year 2020/21) by The Pun Group (FIN)
6 Tempore Hothi, and Mayor Chandler
Noes: None

Absent: None
City Manager Schwabauer introduced an item regarding the request to have staff run town hall meetings on a monthly basis. Specific topics of discussion included the cost and need for additional staff to host the meetings.

Council Member Khan stated that Council does not have time to consider the concerns of citizens during Regular Council meetings and that many of the community members in his District do not have the ability to email the City and may face language barriers. He further stated that he feels there is a gap between citizens and the government.

Mayor Chandler stated that one of his constituents felt that monthly meetings would be a costly burden on the City. He further stated that Council Members should meet individually with the public and that monthly town hall meetings are an unrealistic request.

Council Member Kuehne stated that while he commended Council Member Khan's desire to serve the public, he concurred with Mayor Chandler's statement. He further stated that it would not be a wise use of staff time.

Mayor Pro Tempore Hothi stated that town hall meetings should be used to have staff address hot button topics, rather than as monthly meetings.

Council Member Nakanishi stated that town hall meetings get off topic, have unreasonable expectations, and are not cost effective. He further suggested attending committee meetings to get more involved.

Council Member Kuehne further suggested involvement with ABCD (Asset Based Community Development) and the Lodi Improvement Committee.

Council Member Khan suggested having the agenda published in Spanish and Urdu to promote greater citizen involvement.

Council Member Nakanishi made a motion, second by Council Member Kuehne, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1990 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 17 - Development Code - Article 3, 'Site Planning and General Development Standards,' Chapter 17.34, 'Signs,' by Adding Section 17.34.070.G, 'Freeway Oriented Electronic Billboard,' and by Amending Article 7, 'Definitions,' Chapter 17.78, 'Definitions,' Section

17.78.020, 'Definitions of Specialized Terms and Phrases,' by Adding 'Freeway Oriented H-3 Provide Direction to Sta ff Regarding Council Request to Have Staff Run Town Hall Meetings on a Monthly Basis for Individual Districts (CM) I. Ordinances
I-1 Adopt Ordinance No. 1990 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 17 – Development Code – Article 3, ‘Site Planning and General Development Standards,’ Chapter 17.34, ‘Signs,’ by Adding Section 17.34.070.G, ‘Freeway Oriented Electronic Billboard,’ and by Amending Article 7, ‘Definitions,’ Chapter

17.78, ‘Definitions,’ Section 17.78.020, ‘Definitions of Specialized Terms and Phrases,’ by Adding ‘Freeway Oriented Electronic Billboard’” (CLK)
7 Electronic Billboard,'" which was introduced at a regular meeting of the Lodi City Council held January 5, 2022.

VOTE:

The above motion carried by the following vote:

Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None

Absent: None
Council Member Kuehne made a motion, second by Council Member Khan, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1991 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 - Public Services - by Repealing and Reenacting Section 13.12.150, 'Connections Outside City,' In Its Entirety," which was introduced at a regular meeting of the Lodi City Council held January 5, 2022.

VOTE
:

The above motion carried by the following vote:

Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None

Absent: None
There being no further business to come before the City Council, the meeting was adjourned at 8:39 p.m.

I-2 Adopt Ordinance No. 1991 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 - Public Services - by Repealing and Reenacting Section

13.12.150, ’Connections Outside City,’ In Its Entirety" (CLK) J. Adjournment
ATTEST:

Pamela M. Farris
Assistant City Clerk
8 LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, JANUARY 25, 2022
The January 25, 2022, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Pamela M. Farris
Assistant City Clerk
1 Exhibit C

LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, FEBRUARY 1, 2022
The February 1, 2022, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Pamela M. Farris
Assistant City Clerk
1 Exhibit D

LODI CITY COUNCIL

SPECIAL CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, FEBRUARY 1, 2022
The Special City Council meeting of February 1, 2022, was called to order by Mayor Chandler at 7:00 a.m.

Present: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler

Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and Deputy City Clerk Farris Note: Council Member Kuehne arrived at 7:02 a.m.

At 7:02 a.m., Mayor Chandler adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 8:14 a.m.

City Manager Schwabauer reported that B-1 and B-2 were both discussion with no reportable action.

There being no further business to come before the City Council, the meeting was adjourned at 8:15 a.m.

A. Call to Order / Roll Call
B. Announcement of Closed Session
B-1 Review of Council Appointees (Government Code 54957) B-2 Public Employee Recruitment: Candidates for the Council Appointed Position of City Clerk Pursuant to Government Code 54957
C. Adjourn to Closed Session
D. Return to Open Session/Disclosure of Action
E. Adjournment
ATTEST:

Pamela M. Farris
Assistant City Clerk
1 Exhibit E

LODI CITY COUNCIL

REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, FEBRUARY 2, 2022
The February 2, 2022, Regular Meeting of the Lodi City Council was canceled.

ATTEST:

Pamela M. Farris
Assistant City Clerk
1 Exhibit F
AGENDA ITEM C-03
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
K:\WP\PROJECTS\STREETS\2022 Crack Seal\CSA.doc 1/31/2022

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Approve Specifications and Authorize Advertisement for Bids for 2022 Crack Seal Project
M
EETING DATE: February 16, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Approve specifications and authorize advertisement for bids for 2022 Crack Seal Project.

B
ACKGROUND INFORMATION: The primary cause of asphalt failure is water infiltration into the street subgrade. Crack sealing is one of the most basic, and important, preventive street maintenance practices.

T
his project consists of thoroughly cleaning and sealing the existing transverse and longitudinal cracks in pavement surfaces and includes other incidental and related work. This contract is intended to supplement work performed by Street Division crews to maximize the street area sealed each year.

The locations are shown on Exhibit A and listed on Exhibit B.

T
he specifications are on file in the Public Works Department. The planned bid opening date is March 09, 2022. The project estimate is $50,000.

S
taff recommends approving the specifications and authorize advertisement for bids for 2022 Crack Seal Project.

F
ISCAL IMPACT: By increasing the crack sealing effort, the useful life of City streets will be extended.

F
UNDING AVAILABLE: Funding will be identified at project award. _______________________________

Charles E. Swimley, Jr.

Public Works Director
Prepared by Alice Bernardino, Associate Civil Engineer

CES/AB/CD
Attachments
cc: Utility Superintendent

Ham
Ln.

Kettleman Ln.

Lodi Ave.

Turner Rd.

Vine St.

M
ills Ave.

Hwy. 99
Stockton St.

Pine St.

Lockeford St.

Church S
t.

Elm St.

HWY 12
Hutchins St.

Lower Sacram
ento Rd.

Cherokee Ln.
μ
00 . 510.25
Miles
Exhibit A
2022 Crack Seal Project
Legend
Project Location
Length (ft) Width  (ft) Area  (sf)
Cherokee Ln. Delores St. Hale Rd. 1750 31 54250
Cherokee Ln. Pine St. Lodi Ave. 1075 31 33325
Cherokee Ln. Lockeford St. Victor Rd. 420 27 11340
Cherokee Ln. Lodi Ave. Pine St. 1075 31 33325
Cherokee Ln. Hale Rd. Lodi Ave. 1950 31 60450
Cherokee Ln. Murray St. Lockeford St. 796 27 21492
Cherokee Ln. Tokay St. Vine St. 1350 31 41850
Cherokee Ln. Victor Rd. Elm St. 750 31 23250
Cherokee Ln. Elm St. Pine St. 425 31 13175
Cherokee Ln. Lodi Ave. Tokay St. 1450 31 44950
Cherokee Ln. Pine St. Victor Rd. 1200 31 37200
Cherokee Ln. Lockeford St. Murray St. 796 27 21492
Cherokee Ln. Victor Rd. RR 136 27 3672
Cherokee Ln. Pioneer Dr. Murray St. 743 27 20061
Cherokee Ln. Murray St. Pioneer Dr. 743 27 20061
Cherokee Ln. Vine St. Kettleman Ln. 2575 31 79825
Cherokee Ln. Kettleman Ln. Delores St. 1670 31 51770
SUBTOTAL 571,488
Lodi Ave. Central Av. Garfield St. 655 30 19650
Lodi Ave. Washington St. Central Av. 660 25 16500
Lodi Ave. Stockton St. Washington St. 655 25 16375
Lodi Ave. Main St. Stockton St. 295 25 7375
Lodi Ave. Washington St. Stockton St. 400 30 12000
Lodi Ave. Garfield St. Central Av. 560 30 16800
Lodi Ave. Central Av. Washington St. 850 30 25500
Lodi Ave. Stockton St. Main St. 400 30 12000
Lodi Ave. Main St. R.R. 205 31 6355
Lodi Ave. R.R. Main St. 295 25 7375
Lodi Ave. Cherokee Ln. Garfield St. 810 30 24300
Lodi Ave. Garfield St. Cherokee Ln. 620 25 15500
SUBTOTAL 179,730
Mills Ave. Holly Dr. Turner Rd. 249 45 11205
Mills Ave. Short Av. Holly Dr. 921 45 41445
Mills Ave. Lake St. Short Av. 197 45 8865
Mills Ave. Ayers Av. Lake St. 224 45 10080
Mills Ave. Robert St. Ayers Av. 273 45 12285
Mills Ave. Yosemite Dr. Robert St. 122 45 5490
Mills Ave. Yosemite Dr. Colette St. 122 45 5490
Mills Ave. Lockeford St. Colette St. 342 45 15390
Mills Ave. Mariposa Wy. Lockeford St. 295 45 13275
Mills Ave. Locust St. Mariposa Wy. 270 45 12150
2022 Crack Seal Project Location
Exhbit B
Road Name From To Street
Cherokee Ln.

Lodi Ave.

Mills Ave. Elm St. Locust St. 265 24 6360
Mills Ave. Pine St. Jerry Ln. 412 43 17716
Mills Ave. Walnut St. Kenway Ct. 139 43 5977
Mills Ave. Kenway Ct. Capell Dr. 116 43 4988
Mills Ave. Jerry Ln. Debbie Ln. 255 43 10965
Mills Ave. Debbie Ln. Elm St. 268 43 11524
Mills Ave. Santa Ynez Dr. Pine St. 255 43 10965
Mills Ave. Capell Dr. Santa Ynez Dr. 276 43 11868
Mills Ave. Jackson St. Walnut St. 276 43 11868
Mills Ave. Lodi Av. Jackson St. 268 43 11524
SUBTOTAL 239,430
Pine St. Stockton St. Washington St. 400 48 19200
Pine St. Central Av. Washington St. 751 48 36048
Pine St. Central Av. Garfield St. 561 48 26928
Pine St. Main St. Stockton St. 380 48 18240
Pine St. Garfield St. Cherokee Ln. 794 48 38112
SUBTOTAL 138,528
Turner Rd. Roper Av. Grant Av. 560 31 17360
Turner Rd. Mills Av. Loma Dr. 2749 31 85219
Turner Rd. California St. Lincoln Av. 593 31 18383
Turner Rd. Ham Ln. Laurel Av. 1180 31 36580
Turner Rd. Grant Av. California St. 595 63 37485
Turner Rd. Lincoln Av. Pleasant Av. 589 31 18259
Turner Rd. Lincoln Av. Edgewood Dr. 595 31 18445
Turner Rd. Ham Ln. Roper Av. 1150 30 34500
Turner Rd. Pleasant Av. Church St. 458 31 14198
Turner Rd. Rivergate Dr. Lincoln Av. 1060 31 32860
Turner Rd. Edgewood Dr. Lakewood Av. 1490 31 46190
Turner Rd. Laurel Av. Ham Ln. 1100 31 34100
Turner Rd. Parkview Av. Laurel Av. 620 31 19220
Turner Rd. Lakewood Dr. Ham Ln. 826 31 25606
Turner Rd. Mills Av. Lower Sacramento Rd. 1435 31 44485 Turner Rd. Laurel Av. Loma Dr. 865 31 26815
Turner Rd.
r Sacramento Rd. Woodhaven Wy. 1180 31 36580
Turner Rd. Rutledge Dr. Mills Av. 2030 30 60900
Turner Rd. Loma Dr. Parkview Av. 290 31 8990
Turner Rd. Loma Dr. Parkview Av. 290 31 8990
Turner Rd. Mills Av. Loma Dr 2749 31 85219
SUBTOTAL 710,384
TOTAL 1,839,560
Mills Ave.

Pine St.

Turner Rd.

AGENDA ITEM C-04
APPR
OVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Waive Bidding Process and Purchase Materials and Services from CMAS Contract #4-06-78-0031A Vendor Field Turf USA, Inc. of Montreal, Quebec for the Grape Bowl All-Weather Turf Replacement Project in the Amount of $760,000
M
EETING DATE: February 16, 2022
P
REPARED BY: Parks, Recreation and Cultural Services (PRCS) Director RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to waive bidding process and purchase materials and services from CMAS
contract #4-06-78-0031A vendor Field Turf USA, Inc. of
Montreal, Quebec for the Grape Bowl All-Weather Turf
Replacement Project in the amount of $760,000.

B
ACKGROUND INFORMATION: The California Multiple Award Schedule (CMAS) program was established to provide client agencies and local governments with an easy and value effective procurement option for non-IT services and commodity products. CMAS contracts are based on either Federal GSA Contracts, or upon a competitive bid, negotiation or assessment of contractor products and prices. With CMAS agreements, local governments are given the flexibility to select products or services according to their business needs, with considerations for price, warranty, supplier performance and brand names.

Fi
eld Turf USA, Inc. of Montreal, Quebec, has entered into CMAS contract #4-06-780031A with the State of California, Department of General Services.

O
n April 7, 2010, the contract for the Grape Bowl All-Weather Surface Project was awarded to Western Engineering Contractors, Inc., of Loomis, in the amount of $592,675, and the contract for the purchase and installation of the all-weather surface was awarded to Field Turf USA, Inc., of Montreal, Quebec, in the amount of $685,813. CMAS Contract #4-06 78-0031A was utilized for this purchase. The project consisted of an all-weather playing field and other improvements. Council accepted these improvements on January 5, 2011.

T
he all-weather playing surface has a playable life-span of 10 to 12 years. Over the past couple of years Field Turf representatives have reviewed and analyzed the existing field playability and G-Max safety requirements of the surfacing. With the increased play of recreational and competitive soccer, football and constant UV exposure, the field has broken down. Additionally, repairs are needed to address the depressed locations of the perimeter trench drainage on the north and south sides.

Adopt Resolution Authorizing City Manager to Waive Bidding Process and Purchase Materials and Services from CMAS Contract #4-06-78-0031A Vendor Field Turf USA, Inc. of Montreal, Quebec for the Grape Bowl All-Weather Turf Replacement Project and Appropriate Funds $760,000
February 2, 2022

PRCS requests that Council approve waiving the bidding process and entering into a purchase order with CMAS vendor Field Turf USA, Inc. of Montreal, Quebec for the Grape Bowl All-Weather Turf Replacement.

FISCAL IMPACT: Improvements shall provide for increased rental opportunities and safer conditions.

FUNDING AVAILABLE: Parks Capital (43299000.77020); PKCP-22003.Contracts; $760,000

Andrew Keys
Deputy City Manager/Internal Services Director

_______________________________
Christina Jaromay
Parks, Recreation and Cultural Services Director

CJ\MM:tl

cc: City Attorney

Attachment

Project Title: #193
District Nos: 2 Project Length multi-year Priority High Expenditure Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Contracts 77,567$ 1,897,440$ 1,975,007$
Miscellaneous -$ 250,000$ 250,000$
Internal Staff -$ 30,000$ 30,000$ 30,000$ 30,000$ 90,000$ 210,000$ Miscellaneous -$ 105,000$ 1,200,000$ 650,000$ 700,000$ 1,245,000$ 3,900,000$ Total Capital Costs 77,567$ -$ 2,177,440$ 105,000$ 1,230,000$ 680,000$ 730,000$ 1,335,000$ 6,335,007$ Funding Source(s) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
200 - Parks Operating 13,237$ 13,237$
432 - Parks&Rec Capital -$ 1,155,000$ 105,000$ 1,230,000$ 680,000$ 730,000$ 1,335,000$ 5,235,000$ 660 - General Liability 64,330$ 1,022,440$ 1,086,770$ Total Project Financing 77,567$ -$ 2,177,440$ 105,000$ 1,230,000$ 680,000$ 730,000$ 1,335,000$ 6,335,007$ Section IV
Operating Cost or (savings) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Personnel -$ -$
Other Operating Costs -$ -$
Total Operating Impact -$ -$ -$ -$ -$ -$ -$ -$ -$ Operating Budget Impact
Capital Improvement Plan
FY 2021-2022
Phase 1--#15 (conceptual plan)-Construct new bullpen areas at the end of the new dugouts, Phase 1--16 (conceptual plan) Replace out of play baseline chain link fencing on on 1st and 3rd base sides (In total #15 and #16 cost $105,000 *misc-currently looking at funding through donations pushed out to FY 2023) --Future Phases include Phase 2 ($900K-$1.2 mill), Phase 3 ($550K-$650K), Phase 4 ($600K-$700K), Phase 5 ($450K to $525K), Phase 6 ($325K-$400K), and Phase 7 ($280K-$320K) *calling all future phases Miscellaneous (see attachment for Phase 2-7 details)
Additional Information
On Sept. 16, 2020 at the regular city council meeting, staff updated council members on Tony Zupo Field regarding insurance settlement projects, ADA compliance and building code requirements related to the arson fire that destroyed the main grandstand area, storage room space and press box. Based off of that meeting the consensus was to restore Tony Zupo Field up to current building code requirements.

Justification/factor driving project
Repair and restore the grandstand, press box, storage rooms, backstop, underground infrastructure, and path of travel needs all of which are insurance items most of which will be coverd by the insurance policy. Additional construction not covered by the insurance deductible includes: Washington Street improvements, storm water and pavement, construction of new bull pen areas at the ends of the new proposed accessible dugouts, replacement of out of play baseline chain link fencing on the first and third base sides, underground utilities (storm, electrical, water and sewer) and miscellaneoous concrete flat work.

Tony Zupo Field PKCP-22004Munis Project Code:

Section I: Description
Section II: Estimated Project Costs
Section III: Funding Sources/Methods of Financing
RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO WAIVE BIDDING PROCESS AND PURCHASE
MATERIALS AND SERVICES FROM FIELD TURF USA, INC., OF MONTREAL,

QUEBEC, FOR THE GRAPE BOWL ALL-WEATHER TURF REPLACEMENT PROJECT UTILIZING CMAS CONTRACT NO. 4-06-78-0031A
========================================================================

WHEREAS, on April 7, 2010, the contract for the Grape Bowl All-Weather Surface Project was awarded to Western Engineering Contract ors, Inc., of Loomis , and the contract for the purchase and installation of the all -weather surface was awarded to Field Turf USA, Inc., of Montreal, Quebec; and

WHEREAS, the all-weather playing surface has a playable lifespan of 10 to 12 years. With the increased play of recreational and competitive soccer, football, and constant UV exposure, the field has broken down; and

WHEREAS, repairs are needed to address the depressed locations of the perimeter trench drainage on the north and south sides; and

WHEREAS, staff recommends authorizing the City Manager to waive the bidding process and purchase materials and services from Field Turf USA, Inc. , of Montreal, Quebec , for the Grape Bowl All-Weather Turf Replacement Project utilizing CMAS contract No. 4-06-78-0031A.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to waive the bidding process and purchase materials and services from Field Turf USA, Inc., of Montreal, Quebec, for the Grape Bowl All -Weather Turf Replacement Project in the amount of $760,000, utilizing CMAS contract No. 4-06-78-0031A; and

BE IT FURTHER RESOLVED pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: February 16, 2022
======================================================================== I hereby certify that Resolution No. 2022- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
AGENDA ITEM C-05
APPR
OVED: ________________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\TRANSIT\WOW\Structural 2021\CAccept.doc 1/20/2022

CITY OF LODI

COUNCIL COMMUNICATION
TM
AGENDA TITLE: Accept Improvements Under Contract for Lodi Parking Structure Masonry Wall Repair Project
M
EETING DATE: February 16, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: A ccept improvements under contract for Lodi Parking Structure Masonry Wall Repair Project.

B
ACKGROUND INFORMATION: The Lodi Station Parking Garage, located at 50 North Sacramento Street, was constructed in 2002, using post-tensioned concrete.

Staff recently observed cracks in the masonry wall at the WOW museum tenant space. This project removed and replaced the damaged joint material and masonry units (brick elements); and other incidental and related work as shown on the plans and specifications of the project.

T
his project was awarded to TPA Construction, Inc., of Rocklin in the amount of $26,975. The contract has been completed in substantial conformance with the plans and specifications approved by City Council on July 21, 2021. Photos of the completed work are shown in Exhibit A.

Fol
lowing acceptance by the City Council, as required by law, the City Engineer will file a Notice of Completion with the County Recorder’s office. The notice serves to notify vendors and subcontractors that the project is complete and begins their 30-day period to file a stop notice requiring the City to withhold payments from the prime contractor in the event of a payment dispute.

F
ISCAL IMPACT: The repair was necessary to repair damage to the masonry wall and to avoid additional, future damage.

F
UNDING AVAILABLE: This project was funded by Transportation Development Act funds. _______________________________
Charles E. Swimley, Jr.

Public Works Director
P
repared by Lyman Chang, City Engineer/Deputy Public Works Director CES/LC/cd
Attachment
c
c: Interim Transportation Manager
Facility Superintendent
Public Works Management Analyst
TPA Construction, Inc.

BEFORE
AFTER
BEFORE
AFTER

EXHIBIT A
AGENDA ITEM C-06
APPR
OVED: ________________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\MISC\City Hall Security\C_Accept0.doc 1/31/2022

CITY OF LODI

COUNCIL COMMUNICATION
TM
AGENDA TITLE: Accept Improvements Under Contract for City Hall Security Improvements Project MEETING DATE: February 16, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: A ccept improvements under contract for City Hall Security Improvements Project.

BACKGROUND INFORMATION: This project consisted of installing bullet resistant service windows and public service counters on the first floor, retrofitting existing interior windows and doorways with bullet resistant panels, security card access and hardware on the second floor, and other incidental and related work. These improvements allow Staff more time to safely exit the premises during an active shooter event.

This project was awarded to Diede Construction Inc., of Woodbridge on April 7. 2021 in the amount of $243,602.00. The final contract amount was $259,729.00. The cost increase was due to Change Order No.1 ($16,127.00) to add a bullet proof service counter at the Administration office.

The original contract completion date was June 30, 2021, and the actual contract completion date was January 13, 2022. The completion delay was due to the bullet proof material suppliers delay in getting the material fabricated, shipped and installed; and the extra work on the change order.

Following acceptance by the City Council, as required by law, the City Engineer will file a Notice of Completion with the County Recorder’s office. The notice serves to notify vendors and subcontractors that the project is complete and begins their 30-day period to file a stop notice requiring the City to withhold payments from the prime contractor in the event of a payment dispute.

FISCAL IMPACT: There will be a slight increase in building maintenance cost associated with the installed improvements.

FUNDING AVAILABLE: This project was funded by General Fund Capital. _______________________________
Charles E. Swimley, Jr.

Public Works Director
Prepared by Lyman Chang, City Engineer/Deputy Public Works Director CES/LC/cd
Attachment
c
c: Facilities Superintendent
Management Analyst, Public Works
NJ Associates, Inc.

Diede Construction Inc.

EXHIBIT A

APPROVED: ___________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\2021-23 Sidewalk and Concrete Repair\C Sidewalk CO-Appropriation.docx 2/2/2022

CITY OF LODI

COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Change Orders to 2021
-2023 Sidewalk and Miscellaneous Concrete Repair Program ($
153,590), and Appropriating Funds ($45,207)
MEET
ING DATE: February 16, 2022
PRE
PARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute change orders to 2021-2023 Sidewalk and Miscellaneous Concrete Repair
Program, in an amount not to exceed $153,590, and
appropriating funds in the amount of $45,207.

BACKGROUND INFORMATION: On April 21, 2021, Council approved specifications and adopted a r
esolution authorizing the City Manager to award a contract to the lowest responsive bidder, not to exceed $250,000; and execute change orders, not to exceed $50,000. On July 7, 2021, the City Manager executed the contract with Popuch Concrete Contracting, Inc., of Lodi, in the amount of $190,480. The contract is intended to facilitate citywide concrete repairs on an as-needed basis.

Occasionally, other divisions within the City need to have miscellaneous concrete work done. It is bene
ficial for the City to utilize the existing contract. If approved, this change order adds addit ional funding in the amount of $8,383 to replace a sinking sidewalk near the clarifier at White Slough Water Pollution Control Facility; and adds additional State Transit Development Act (TDA) funds in the amount of $45,207 for this fiscal year for a total change order amount of $53,590. Due to additional funds ($100,000) recently becoming available through the Federal American Rescue Plan Act of 2021 for east side sidewalk repairs, we are requesting the City Manager change order authority increase to $153,590 to be able to utilize those funds at a later date. The requested appropriation is necessary to authorize the expenditure of the additional TDA funding that was not anticipated during the budget process.

Sta
ff recommends authorizing City Manager to execute change orders to 2021-2023 Sidewalk and Miscellaneous Concrete Repair Program, in an amount not to exceed $153,590, and appropriating funds in the amount of $45,207 .

FI
SCAL IMPACT: This project extends the useful life of City sidewalks and miscellaneous concrete. This project does not impact the general fund.

AGENDA ITEM C-07
Adopt Resolution Authorizing City Manager to Execute Change Orders to 2021- 2023 Sidewalk and Miscellaneous Concrete Repair Program ($53,590), and Appropriating Funds ($45,207)
February 16, 2022

\\cvcf ilv02\ pubwks$\WP\PROJECTS\STREETS\2021-23 Sidewalk and Concrete Repair\C Sidewalk CO-Appropriation.docx 2/2/2022 F
UNDING AVAILABLE: Funding for this project comes from a combination of the Fiscal Year 2021/22 and 2022/23 Capital Budgets as follows:

T
DA Bike Ped (33199000.77020) $30,000
Measure K (30399000.77020) $190,480
Requested appropriation:

T DA Bike Ped (33199000.77020) $45,207
TO
TAL: $235,687
__________________________
____________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________

Charles E. Swimley, Jr.

Public Works Director
Prepared by Jimi Billigmeier, Associate Civil Engineer
CES/JB/cd
C
c: Popuch Concrete Contracting, Inc.

CITY OF LODI

PROPOSED CHANGE ORDER
PROJECT : 2021-2023 SIDEWALK AND MISC.

CONTRACTOR: Popuch Concrete Contracting, Inc. PCO No.:

RFI No.:

ARCHITECT/ENGINEER: FI No.:

Accounts: Amount
53053003.72499 (Wastewater) $8,383.00
33199000.77020 PWST-0026.Contracts.TDA Fund $45,207.00
$53,590.00
Request, Proposal, Recommendation And Approval
Requesting Official: J.Billigmeier Request Date: 11/23/2021 Schedule Impact: 0 Days Contractor Proposal Date: N/A Add Amount: $53,590.00 Deduct Amount Reason For Change: Account:

ORIGINAL CONTRACT: 190,480.00 $
PREVIOUS ADDS: - $
Contractor Date PREVIOUS DEDUCTS: - $
THIS CHANGE ORDER: $53,590.00
Deputy Public Works Director Date

TOTAL CONTRACT AMOUNT
INCLUDING ALL CHANGE ORDERS:

Public Works Director Date CONTRACT TIME ADJUSTMENT 0 DAYS ORIGINAL COMPLETION DATE: 6/30/2023
City Manager Date ADJUSTED CONTRACT
COMPLETION DATE:

CO No.: 1

CONTRACTOR AGREES TO FURNISH ALL LABOR AND MATERIALS AND PERFORM ALL WORK REQUIRED TO COMPLETE THE ABOVE DESCRIBED

WORK CHANGE IN ACCORDANCE WITH THE REQUIREMENTS FOR SIMILAR WORK COVERED BY THE CONTRACT EXCEPT AS OTHERWISE STIPULATED HEREIN FOR THE STATED CONSIDERATION. TO PERFORM THE CHANGES FOR THE AMOUNT INDICATED WHICH INCLUDES ANY EXTENDED OR JOBSITE OVERHEAD, DISRUPTION, RIPPLE EFFECT AND OTHER IMPACT COSTS. NO WORK WILL BE STARTED UNTIL THIS PROPOSAL IS ACCEPTED. IF THE CONTRACTOR DOES NOT SIGN ACCEPTANCE OF THIS ORDER, THE CONTRACTOR SHOULD REFER TO SECTION 4 -

1.03A OF THE STANDARD SPECIFICATIONS REGARDING FILING A WRITTEN PROTEST WITHIN THE SPECIFIED TIME. 244,070.00$

CONCRETE REPAIR PROGRAM
City of Lodi, Public Works
$0.00
Work Needed for White Slough and add TDA Funds See Above 6/30/2023
N/A
N/A
N/A
Brief Description Of Work
Submit Proposal Within 15 Days Upon Receipt of This Request Occasionally other divisions need to have small amounts of miscellaneous concrete work done. It is beneficial for the City to utilize this existing contract for the concrete needed by these divisions. This change order is adding money for work for to replace a sinking sidewalk near the clarifier at White Slough Water Pollution Control Facility. See attached invoice. This invoice is also adding additional funds to the contract recieved from TDA fund for this fiscal year MiscConcreteCO1.xls 11/23/2021
11/24/21
Invoice
DATE
11/9/2021
INVOICE #
1779-006

BILL TO
City of Lodi
PO Box 3006
Lodi, CA 95241-1910

PROJECT
JOB LOC: 12751 Thornton Road
White Slough
Popuch Concrete Contracting, Inc.

Contractor's License: 327940
PO Box 2570
Lodi, CA 95241
Total
Balance Due

DESCRIPTION QTY RATE AMOUNTU/M
Saw Cut Concrete 40 6.50 260.00 LF
Remove Sidewalk or Asphalt Concrete, Ramp 478 6.50 3,107.00 sqft Install Sidewalk or Residential Driveway (>300 SF) 418 10.00 4,180.00 sqft Miscellaneous Concrete Subgrade Compaction 418 2.00 836.00 ea $8,383.00
$8,383.00
#35
District Nos: Citywide Project Length Priority Normal
Section II
Expenditure Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Contracts 103,825$ 92,000$ 237,207$ 92,000$ 92,000$ 92,000$ 92,000$ N/A 801,032$ Internal Staff -$ 8,000$ 8,000$ 8,000$ 8,000$ 8,000$ 8,000$ N/A 48,000$ Total Capital Costs 103,825$ 100,000$ 245,207$ 100,000$ 100,000$ 100,000$ 100,000$ N/A 849,032$ Section III
Funding Source(s) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
300 - Street Fund 1,632$ 100,000$ N/A 101,632$ 303 - Measure K Fund 72,193$ 70,000$ 70,000$ 70,000$ 70,000$ 70,000$ 70,000$ N/A 492,193$ 331 - LTF-Pedestrian/Bike 30,000$ 30,000$ 75,207$ 30,000$ 30,000$ 30,000$ 30,000$ N/A 255,207$ Total Project Financing 103,825$ 100,000$ 245,207$ 100,000$ 100,000$ 100,000$ 100,000$ N/A 849,032$ Section IV
Operating Cost or (savings) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Personnel -$ -$
Other Operating Costs -$ -$
Total Operating Impact -$ -$ -$ -$ -$ -$ -$ -$ -$ Funding Sources/Methods of Financing
Operating Budget Impact
Estimated Project Costs
Section I:Description
Capital Improvement Program - Maintenance
$100K added from American Rescue Plan Act of 2021 funds for east side sidewalk repairs.

Additional Information
Annual sidewalk maintenance work.

Justification/factor driving project
Annual contract for sidewalk and miscellaneous concrete repairs in the City.

Munis Project Code:

FY 2021-2022
Maintenance Project Title: 2020 Sidewalk Repair PWST-0026 RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE CHANGE ORDERS TO 2021-2023 SIDEWALK AND MISCELLANEOUS CONCRETE REPAIR PROGRAM; AND FURTHER

APPROPRIATING FUNDS
========================================================================

WHEREAS, on April 21, 2021, Council approved specifications and adopted a resolution authorizing the City Manager to award a contract for the 2021- 2023 Sidewalk and Miscellaneous Concrete Repair Program to the lowest responsive bidder, in an amount not to exceed $250,000, and execute change orders, in an amount not to exceed $50,000; and

WHEREAS, on July 7, 2021, the City Manager ex ecuted the contract with Popuch Concrete Contracting, Inc., of Lodi, in the amount of $190, 480, to facilitate Citywide concrete repairs on an as-needed basis; and

WHEREAS, occasionally, other divisions within the City need to have miscellaneous concrete work done and it is beneficial for the City to utilize the existing contract; and

WHEREAS, staff needs to replace a sinking sidewalk near the clarifier at White Slough Water Pollution Control Facility; and

WHEREAS, staff recommends authorizing the City Manager to execute change orders to the 2021-2023 Sidewalk and Miscellaneous Concrete Repai r Program, in an amount not to exceed $153,590; and

WHEREAS, staff further recommends appropriating funds in the amount of $45,207 from the State Transit Development Act (TDA) Bike Ped Fund (33199000.77020).

NOW, THEREFORE, BE IT RESOLVED that the Lodi C ity Council does hereby authorize the City Manager to execute change orders to the 2021 -2023 Sidewalk and Miscellaneous Concrete Repair Program, in an amount not to exceed $153,590; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby author ize appropriating funds in the amount of $45,207 from the State Transit Development Act (TDA) Bike Ped Fund (33199000.77020); and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019 -223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: February 16, 2022
======================================================================== I hereby certify that Resolution No. 202 2-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk
2022-____
AGENDA ITEM C-08
APPROVED: ___________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\WATER\2020 Well Rehabilitation Project\CC CO Authority2.docx 2/3/2022

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Additional Change Orders to 2020 Well Rehabilitation Project ($250,000), and Appropriating Funds ($246,000)
M
EETING DATE: February 16, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to execute additional change orders to 2020 Well Rehabilitation Project in an amount not-to-exceed $250,000 and appropriating funds in the amount of $246,000.

B
ACKGROUND INFORMATION: On January 6, 2021, Council awarded the contract for 2020 Well Rehabilitation Project to Zim Industries , Inc., of Fresno, in the amount of $374,800 and authorizing the City Manager to execute change orders not to exceed $37,480.

T
he project’s original scope of work consisted of rehabilitating wells 11R, 22, and a water supply well that serves the San Joaquin Vector Control Facility ( mosquito well) at the White Slough Water Pollution Control Facility. The work at Well 11R and the mosquito well were completed, but due to unforeseen circumstances, work at Wells 3R, 24, and 28 were added to the contract through change orders executed under the City Manager’s authority . The wells added to this contract took a priority over Well 22, so it was removed from the scope of work and is planned for the next well rehabilitation project. The work completed to date has cost $371,267, leaving $3,533 of the contract left.

T
he six (6) change orders (CO) executed on this contract since it was awarded are as follows:

CO 1: C
leaning and associated activities at Well 3R $ 15,900.00 CO 2: Video Inspections at three White Slough monitoring wells $ 3,300.00 CO 3: Additional days to the contract $ -
CO 4: Cleaning and investigation at Well 24 $ 14,785.00 CO 5: Removal of all work associated with Well 22 and add work for Well 24 $ (63,447.00) CO 6: Pull and reinstall pump and materials at Well 28 $ 25,929.00 C umulative Change Order Amount: $ (3,533.00)
O
ne of the change orders consisted of cleaning and investigating the condition of Well 24 to determine why it was pumping sand into the distribution system. Upon inspection, it was found that portions of the 31 year old well casing had deteriorated which allowed sand to enter the well pump. The recommended repair is to install a stainless -steel liner within the existing casing along with other associated work to bring the well back online. The total cost for the proposed work is $248,075. T he total cost of the proposed Well 24 repairs including staff time ($20,000) and provisions for additional change orders ($30,000) is approximately $300,000.

Adopt Resolution Authorizing City Manager to Execute Additional Change Orders to 2020 Well Rehabilitation Project ($2 50,000), and Appropriating Funds ($246,000)
February 16, 2022

\\cvcfilv02\pubwks$\WP\PROJECTS\WATER\2020 Well Rehabilitation Project\CC CO Authority2.docx 2/3/2022

Staff recommends the proposed work be performed under this contract to expedite repairs prior to the peak water demand se ason. This recommendation also considers that many projects have been experiencing substantial delays due to material and labor shortages.

Staff recommends adopting a resolution authorizing City Manager to execute additional change orders to the 2020 Well Rehabilitation Project in an amount not-to-exceed $250,000, and appropriating funds in the amount of $246,000 . This would increase the City Manager’s change order authority to a total $274,480 to include the proposed work and additional change orders.

FISCAL IMPACT: This project will preserve Well 24 and reduce the long-term maintenance costs. This project will not impact the General Fund.

FUNDING AVAILABLE: Originally Budgeted:

Water Capital Funds (56199000.77020) $166,000

Previously Appropriated:

Water Capital Funds (56199000.77020) $156,800
Wastewater Capital (53199000.77020) $112,000

Requested Appropriation:

Water Capital Funds (56199000.77020) $246,000
$680,700

______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

_______________________________
Charles E. Swimley, Jr.

Public Works Director

CES/AB/cd
#72
District Nos:Citywide Project Length Priority Normal
Section II
Expenditure Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Contracts 416,450 $ 253,800$ 225,600$ N/A 895,850$ Internal Staff - $ 15,000$ N/A 15,000$ Total Capital Costs 416,450 $ 268,800$ 225,600$ - $ - $ - $ - $ N/A 910,850$ Section III
Funding Source(s) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
561 - Water Capital Outlay 416,450$ 156,800$ 225,600$ N/A 798,850$ 531 - Wastewater Capital Outlay -$ 112,000$ N/A 112,000$ Total Project Financing 416,450$ 268,800$ 225,600$ - $ - $ - $ - $ N/A 910,850$ Section IV
Operating Cost or (savings) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Personnel - $ -$
Other Operating Costs - $ -$
Total Operating Impact - $ - $ - $ - $ - $ - $ - $ - $ - $ Funding Sources/Methods of Financing
Operating Budget Impact
Estimated Project Costs
Section I:Description
Capital Improvement Program - Maintenance
Project scope has increased to also include additional wells and has becom the 2020 Well Rehab project.

Additional Information
This project is needed due to the service life of this well site and the critical nature of this facility. Well maintenance and pump assessment is essential to maximize efficiency, and minimize energy costs through optimal well performance.

Justification/factor driving project
This project provides funding to rehabilitate the City's municipal Well No. 22 located at 2040 South Cherokee Lane. This rehabilitation will include video footage of well casing, mechanical or chemical cleaning of the casing, diagnoses and potential replacement of well pump.

Munis Project Code:

FY 2021-2022
Maintenance Project Title:Well No. 22 Rehabilitation Project PWWA-0044 RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING

THE CITY MANAGER TO EXECUTE ADDITIONAL CHANGE
ORDERS TO 2020 WELL REHABILITATION PROJECT; AND

FURTHER APPROPRIATING FUNDS
========================================================================

WHEREAS, on January 6, 2021, Council awarded the contract for 2020 Well Rehabilitation Project to Zim Industries, Inc., of Fresno, in the amount of $374,800 and authorized the City Manager to execute change orders not to exceed $37,480; and

WHEREAS, the project’s original scope of work consisted of rehabilitating wells 11R, 22, and a water supply well that serves the San Joaquin Vector Control Facility (mosquito well) at the White Slough Water Pollution Control Facility; and

WHEREAS, the work at Well 11R and the mosquito well were completed, but due to unforeseen circumstances, work at Wells 3R, 24, and 28 were added to the contract through change orders executed under the City Manager’s authority; and

WHEREAS, the wells added to this contract took a priority over Well 22, so it was removed from the scope of work and is planned for the next well rehabilitation project; and

WHEREAS, s taff recommends authorizing the City Manager to execute additional change orders to the 2020 Well Rehabilitation Project in an amount not to exceed $250,000; and

WHEREAS, staff further recommends appropriating funds in the amount of $246,000 from the Water Capital Fund (56199000.77020).

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does her eby authorize the City Manager to execute additional change orders to the 2020 Well Rehabilitation Project in an amount not to exceed $250,000; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize appropriation of funds in the amount of $246,000 as set forth above; and

BE IT FURTHER RESOLVED , pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: February 16, 2022
======================================================================== I hereby certify that Resolution No. 202 2-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk
2022-____
AGENDA ITEM C-09
APPROVED: ________________________________________
Stephen Schwabauer, City Manager
\\pwadc02\msc$\GROUP\ADMIN\Council\2022\02162022\Wilbur Ellis \CC – Wilbur Ellis.doc 1/31/2022

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Wilbur-Ellis Company, LLC., of San Francisco, for Land Application Area Monitoring Agronomist Support ($59,760) M
EETING DATE: February 16, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Agreement with Wilbur-Ellis Company, LLC of San Francisco, for land application area monitoring agronomist support, in the amount of $59,760.

B
ACKGROUND INFORMATION: Waste discharge requirements for White Slough Water Pollution Control Facility (WSWPCF) are regulated in the Master
Reclamation Permit (Order R5-2007-0126) issued by the Central Valley Regional Water Quality Control Board (Regional Board). Discharges to land are reported to the Regional Board on a monthly, quarterly, and annual basis. The Master Reclamation Permit requires all reports be prepared under the direct supervision of a certified agronomist and signed by the registered professional.

T
he original term of the Professional Services Agreement is three years with an option for two 1-year extensions. The scope of work includes the required monitoring and reporting, participation in regular meetings to provide coordination between the City and farmers for crop irrigation and management practices, the review and submittal of required regulatory reports, and verification that permit inspection and data collection efforts are being met through on-site inspection. The not-to-exceed cost of this contract is $59,760 over a five year term if all extensions are executed.

P
er Lodi Municipal Code, Section 3.20.075 – Professional and Technical Services, this Professional Services Agreement is exempt from advertising and bidding requirements and shall be awarded on the basis of professional qualifications and experience, quality of service, past performance and negotiated price.

S
taff recommends authorizing City Manager to execute professional services agreement with Wilbur- Ellis Company, LLC., of San Francisco, for land application area monitoring agronomist support, in the amount of $59,760.

F
ISCAL IMPACT: By not engaging a certified agronomist to support WSWPCF land application practices and associated requirements, the City would not be in compliance with the Regional Board permit and subject to fines and penalties. This expenditure does not impact the General Fund.

Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Wilbur-Ellis Company, LLC., of San Francisco, for Land Application Area Monitoring Agronomist Support ($59,760)
February 16, 2022

\\pwadc02\msc$\GROUP\ADMIN\Council\2022\02162022\Wilbur Ellis \CC – Wilbur Ellis.doc 1/31/2022

FUNDING AVAILABLE: Wastewater Plant Operating Fund (53053003.72450) - $59,760

______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

_______________________________
Charles E. Swimley, Jr.

Public Works Director
Prepared by Ken Capitanich, Wastewater Plant Superintendent CES/KC/tw
Attachment

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT

WITH WILBUR-ELLIS COMPANY, LLC, OF SAN FRANCISCO, FOR LAND

APPLICATION AREA MONITORING AGRONOMIST SUPPORT
========================================================================

WHEREAS, waste discharge requirements for White Slough Water Pollution Control Facility are regulated in the Master Reclamation Permit issued by the Central Valley Regional Water Quality Control Board; and

WHEREAS, the Master Reclamation Permit requires all reports be prepared under the direct supervision of a certified agronomist and signed by the registered professional; and

WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with Wilbur-Ellis Company, LLC , of San Francisco , for land application area monitoring agronomist support at White Slough Water Pollution Control Facility, in the amount of $59,760.

NOW, THEREFORE, BE IT RESOLVED that t he Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Wilbur-Ellis Company, LLC, of San Francisco, California, for land application area monitoring agronomist support at White Slough Water Pollution C ontrol Facility, for the term of three years with two optional one-year extensions, in the amount of $59,760 over the five-year term; and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: February 16, 2022
======================================================================== I hereby certify that Resolution No. 2022- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
AGENDA ITEM C-10
APPR
OVED: _________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\MISC\JANITORL\2019\C_Securitas Amend No 1 b.doc 2/2/2022

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Securitas Electronic Security, Inc. of Uniontown, Ohio for On-Call Repairs and Maintenance of City Security Doors, Gates and Access Controls ($80,000)
MEETING DATE: February 16, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Authorize City Manager to execute Amendment No. 1 to the Professional Services Agreement with Securitas Electronic Security, Inc. of Uniontown, Ohio for on-call repairs and maintenance of City security doors, gates and access controls, in the amount of $80,000.

BACKGROUND INFORMATION: On August 19, 2020, Council awarded the Professional Services Agreement (Agreement) for on-call repairs and maintenance of City security doors, gates and access controls to Securitas Electronic Security, Inc. (Securitas), in the amount of $90,000.

After the award of the original Agreement, several projects were identified as necessary to properly secure City facilities. These projects will utilize the majority of the original contract amount and include various keycard access improvements at the Transit station, White Slough Water Pollution Control Facility and City Hall. The cost of these projects total approximately $80,000.

Staff recommends authorizing City Manager to execute Amendment No. 1 to the Professional Services Agreement with Securitas Electronic Security, Inc. of Uniontown, Ohio for on-call repairs and maintenance of City security doors, gates and access controls, in the amount of $80,000.

FISCAL IMPACT: Costs will be distributed to the division operating account dependent upon the location of the installation, repairs, and or maintenance. It is anticipated that approximately 50 percent of the work associated with this agreement will impact the General Fund.

FUNDING AVAILABLE: Funding is budgeted in the operating accounts associated with the location of the repairs.
____________________________
__________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________

Charles E. Swimley, Jr.

Public Works Director
Prepared by Rebecca Areida-Yadav, Public Works Management Analyst CES/RAY/cd
Attachment

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SECURITAS ELECTRONIC SECURITY, INC.,

OF UNIONTOWN, OHIO, FOR ON-CALL REPAIRS AND MAINTENANCE OF

CITY SECURITY DOORS, GATES, AND ACCESS CONTROLS
========================================================================

WHEREAS, on August 19, 2020, Council awarded the Professional Services Agreement for on -call repairs and maintenance of City security doors, gates , and access controls to Securitas Electronic Security, Inc. (Securitas), in the amount of $80,000; and

WHEREAS, after the award of the original Agreement, several projects were identified as necessary to properly secure City facilities which will utilize the majority of the original contract amount; and

WHEREAS, these projects include keycard access improvements at the Transit station, White Slough Water Pollution Control Facility , and City Hall with th e cost of these projects totaling approximately $80,000; and

WHEREAS, staff recommends authorizing the City M anager to execute Amendment No. 1 to the Professional Services Agreement with Securitas Electronic Security, Inc. , of Uniontown, Ohio, for on-call repairs and maintenance of City security doors, gates, and access controls, in the amount of $80,000.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Securitas Elect ronic Security, Inc. , of Uniontown, Ohio , for on-call repairs and maintenance of City security doors, gates, and access controls, in the amount of $80,000; and

BE IT FURTHER RESOLVED , pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: February 16, 2022
======================================================================== I hereby certify that Resolution No. 202 2-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
AGENDA ITEM C-11
APPROVED: _________________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\COUNCIL\2022\CC_ Service 1st Amend No 1 a.doc 1/12/2022

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Service 1st Overhead Door, of Acampo, CA for Citywide Overhead Door Repair on City Facilities ($15,000) MEETING DATE: February 16, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Service 1st Overhead Door of Acampo, CA for Citywide Overhead Door Repair on City Facilities ($15,000).

BACKGROUND INFORMATION: On May 17, 2021, the City entered into a Professional Services Agreement with Service 1st Overhead Door for Citywide overhead door repair on City facilities. The agreement extends from January 1, 2021 through June 30, 2022 and is not to exceed $19,000.

Due to unforeseen increases in the cost of materials, coupled with higher than projected frequency of needed repairs, the existing budget of $19,000 is nearly expended. Amendment No. 1, if approved, will add the funding ($15,000) needed to make any necessary repairs through the remainder of the contract term.

Staff recommends Council adopt a resolution authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Service 1st Overhead Door of Acampo, CA for Citywide Overhead Door Repair on City Facilities ($15,000).

FISCAL IMPACT: The proposed amendment will allow us to finish out the contract year and/or allow us time to rebid the contract. It is anticipated that approximately 30% of the costs associated with this project impacts the General Fund.

F
UNDING AVAILABLE: Not applicable.
______________________________________

Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________

Charles E. Swimley, Jr.

Public Works Director
CES/AC/cd

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SERVICE 1ST OVERHEAD DOOR, OF

ACAMPO, FOR CITYWIDE OVERHEAD DOOR REPAIR ON CITY FACILITIES ========================================================================

WHEREAS, on May 17, 2021, the City entered into a Professional Services Agreement with Service 1st Overhead Door for Citywide overhead door repair on City facilities in the amount of $19,000; and

WHEREAS, due to unforeseen increases in the cost of materials, coupled with higher than projected frequency of needed repairs, the existing budget of $19,000 is nearly expended; and

WHEREAS, staff recommends authorizing the City Manager t o exe cute Amendment No. 1 to the Professional Services Agreement with Service 1st Overhead Door , of Acampo, for Citywide overhead door repair on City facilities, in the amount of $15,000.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does her eby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Service 1st Overhead Door of Acampo, California, for Citywide overhead door repair on City facilities, in the amount of $15,000; and

BE IT FURTHER RESOLV ED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: February 16, 2022
======================================================================== I hereby certify that Resolution No. 202 2-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
AGENDA ITEM C-12
APPR
OVED: ____________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Extension to Professional Services Agreement with GDS Associates, Inc. for Electric Utility Rate Analysis Services
M
EETING DATE: February 16, 2022
P
REPARED BY: Electric Utility Director
RE
COMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute an Extension to the Professional Services Agreement with GDS Associates, Inc. for electric utility rate analysis services.

B
ACKGROUND INFORMATION: In early 2016, the City Council approved a Professional Services Agreement (Agreement) with EES Consulting (EES) in an amount not to exceed $90,000 for Lodi Electric Utility (LEU) rate analysis services through December 31, 2018.

S
ince 2018, LEU has entered into two time extensions under the original contract amount which carried the Agreement through December 31, 2021. In addition, on March 18, 2021, EES and GDS Associates, Inc. (GDS) entered into a Consent to Assignment of the Agreement whereby GDS assumed all of EES’s interest, rights, duties and obligations under the Agreement.

S
ince 2016, GDS, formerly EES, has assisted LEU staff with multiple rate matters, including the residential rate restructure, development of solar rates under the new Energy Purchase tariff, and research regarding trends in electric vehicle charging rates. Most recently, GDS assisted LEU with developing and adopting a new LED dusk-to-dawn tariff which took effect December 2021. Approximately $50,000 remains available on the existing Agreement for future rate analysis services, as needed.

P
er Lodi Municipal Code, Section 3.20.075, financial service contracts are exempt from advertising and bidding requirements and such contracts shall be awarded on the basis of qualifications, experience, quality of service, past performance and negotiated prices.

W
ith ongoing changes in the electric utility industry affecting how customers are charged, the ratemaking expertise of GDS, and GDS’s familiarity with LEU’s rate and cost structures, staff recommends extending the existing Agreement with GDS an additional two years through December 31, 2023 using the existing unexpended funds already approved by City Council in 2016. Continuing to evaluate and update the electric rate structure allows LEU to more effectively align costs and charges.

F
ISCAL IMPACT: Not–to-exceed original approved contract of $90,000.

F
UNDING AVAILABLE: Included in FY 2021/22 Budget Account No. 50060001.72450.

Adopt Resolution Authorizing City Manager to Execute Extension to Professional Services Agreement with GDS Associates, Inc. for Electric Utility Rate Analysis Services
February 16, 2022

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

_______________________________________
Jeff Berkheimer
Electric Utility Director

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE AN EXTENSION TO THE PROFESSIONAL SERVICES AGREEMENT WITH GDS ASSOCIATES, INC., OF KIRKLAND,

WASHINGTON, FOR ELECTRIC UTILITY RATE ANALYSIS SERVICES ========================================================================

WHEREAS, in early 2016, the City Council approved a Professional Services Agreement (Agreement) with EES Consulting (EES) in an amount not to exceed $90,000 for Lodi Electric Utility (LEU) rate analysis services through December 31, 2018; and

WHEREAS, since 2018, LEU has entered into two time extensions under the original contract amount which carried the Agreement through December 31, 2021; and on March 18, 2021, EES and GDS Associates, Inc. (GDS) entered into a Consent to Assignment of the Agreement whereby GDS assumed all of EES’s interest, rights, duties, and obligations under the Agreement; and

WHEREAS, since 2016, GDS, formerly EES, has as sisted LEU staff with multiple rate matters, including the residential rate restructure, development of solar rates under the new Energy Purchase tariff, research regarding trends in electric vehicle charging rates, and assisting with developing and adopting a new LED dusk-to-dawn tariff which took effect December 2021; and

WHEREAS, approximately $50,000 remains available on the existing Agreement for future rate analysis services, as needed; and

WHEREAS, per Lodi Municipal Code, Section 3.20.075, financial service contracts are exempt from advertising and bidding requirements and such contracts shall be awarded on the basis of qualifications, experience, quality of service, past performance and negotiated prices ; and

WHEREAS, with ongoing changes in the electric utility industry affecting how customers are charged, the ratemaking expertise of GDS, and GDS’s familiarity with LEU’s rate and cost structures, staff recommends extending the existing Agreement with GDS an additional two years through Dec ember 31, 2023, using the existing unexpended funds already approved by City Council in 2016; and

WHEREAS, continuing to evaluate and update the electric rate structure allows LEU to more effectively align costs and charges.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to e xecute an Extension to the Professional Services Agreement with GDS Associates, Inc. , of Kirkland, Washington, for electric utility rate analysis services through December 31, 2023, using the existing unexpended funds previously authorized by City Council in 2016; and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: February 16, 2022
======================================================================== I hereby certify that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held on February 16, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-______
APPR
OVED: ________________________________________
S tephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

AG
ENDA TITLE: Adopt Resolution Authorizing City Manager to Execute the Second One-Year Optional Extension to the Professional Services Agreement with the Pun Group, LLP, of Santa Ana, for Auditing Services ($82,192 for the Fiscal Year 2021-22 audit and $331,964 for the life of the contract)
M
EETING DATE: February 16, 2022
P
REPARED BY: Deputy City Manager
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to execute a one-year optional extension to the professional services agreement with The Pun Group, LLP, of Santa Ana for auditing services in an amount not to exceed $82,192 for the Fiscal Year 2021-22 audit and $331,964 for the life of the contract.

B
ACKGROUND INFORMATION: In March 2018, staff issued a Request for Proposal for audit services. The previous auditors, Macias Gini & O’Connell LLP, had worked with the City for 15 years.

B
ased upon the evaluation of the proposals, the panel ranked The Pun Group, LLP as the top firm for the City. Council approved a one-year contract with The Pun Group and gave direction that Council have involvement in the subsequent RFP process. During the Fiscal Year 2017-18 year-end audit, Council approved Amendment No. 1 to the contract to conduct additional review on purchasing procedures outside the scope of the original contract.

O
n February 6, 2019, staff asked Council for direction on procuring future auditing services. The City Council’s 4-0 direction to staff was to forgo the RFP process and extend the contract with The Pun Group based on the terms in the initial bid presented by the Pun Group in March of 2018. The Pun Group honored the terms of the initial bid. On February 20, 2019 the City Council approved Amendment No. 2 to the contract to extend the term to include the completion of the Fiscal Year 2019-20 audit. On December 2, 2020, the City Council approved Amendment No. 3 to the contract to extend the term to include the completion of the Fiscal Year 2020-21 audit.

S
taff notes that during the previous four audits, The Pun Group has performed exceptionally. Its substantial experience was brought to the forefront. The pointed, direct and probing questions asked by The Pun Group are what a City striving for transparency in financial reporting wants in its auditor. For the Fiscal Year 2020-21 audit, Pun Group’s staff conducted a largely remote audit without sacrificing its oversight responsibilities. Strategic and limited onsite access was granted to complete work and provide thorough review of certain processes within the City.

U
pon completion of the June 30, 2021 audit, the contract with The Pun Group is up for the final optional one year extensions. Staff is recommending utilizing the last of the two one-year extensions of the contract for the Fiscal Year 2021-22 audit. The annual cost for the Fiscal Year 2021-22 audit is $82,192.

AGENDA ITEM C-13
FISCAL IMPACT: Costs for the audit services are included in the City’s proposed Fiscal Year 2021/22 budget and the General Fund Long Range Financial Plan.

FUNDING AVAILABLE: 10095000-72455.

__________________________________
Andrew Keys, Deputy City Manager

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE THE SECOND ONE-YEAR OPTIONAL

EXTENSION TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE

PUN GROUP, LLP, OF SANTA ANA, FOR AUDITING SERVICES
========================================================================

WHEREAS, in March 2018, Council approved a one- year contract with T he Pun Group and gave direction that Council have involvement in the subsequent RFP process; and

WHEREAS, during the Fiscal Year 2017-18 year-end audit, Council approved Amendment No. 1 to the contract to conduct additional review on purchasing procedures outside the scope of the audit; and

WHEREAS, on February 6, 2019, Council provided direction to staff to forgo the RFP process and extend the contract with The Pun Group based on the terms of the initial bid; and

WHEREAS, on February 20, 2019, the City Council approved Amendment No. 2 to the contract to extend the term to include the completion of the Fiscal Year 2019-20 audit; and

WHEREAS, on December 2, 2020, the City Council approved Amendment No. 3 to the contract to extend the term to include the completion of the Fiscal Year 2020-21 audit; and

WHEREAS, during these past four audit, The Pun Group performed exceptionally; and

WHEREAS, upon completion of the June 30, 2022 audit, the contract with The Pun Group is up for the final optional one-year extension.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the second one-year optional extension to the Professional Services Agreement with The Pun Group, LLP, of Santa Ana, California, for auditing services for the Fiscal Year 2021-22 in an amount not to exceed $82,192, and a contract total not to exceed $331,964; and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: February 16, 2022
========================================================================

I hereby certify that Res olution No. 2022- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
AGENDA ITEM C-14
APPR
OVED: ____________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Assignment Administration Agreement for Western Area Power Administration Base Resource Percentage Between Northern California Power Agency and City of Lodi M
EETING DATE: February 16, 2022
P
REPARED BY: Electric Utility Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute the Assignment Administration Agreement (AAA) for Western Area Power Administration (WAPA) Base Resource Percentage between Northern California Power Agency (NCPA) and the City of Lodi.

B
ACKGROUND INFORMATION: First devised in 1933 to provide irrigation and municipal water to much of California’s Central Valley, the Central Valley Project (CVP) is a network of dams, reservoirs, canals, hydroelectric power plants and other facilities.

C
VP generation is used first to operate the CVP and to pump and deliver water. WAPA, a power marketing administration under the United States Department of Energy, markets the remaining generation to various customers, including the City of Lodi (Lodi). On December 2, 2020, the City Council approved Resolution 2020-288 executing Base Resource (BR) Contract 20-SNR-02347 with WAPA. Beginning January 1, 2025, Lodi will receive 0.55792 percent of the CVP hydropower resource marketed and sold by WAPA.

T
he existing NCPA AAA, whereby NCPA accepts assignment of Lodi’s BR percentage, expires on December 31, 2024. The new AAA sets forth the terms and conditions under which NCPA will supply Joint Assignment Administration Services on behalf of NCPA members who assign their BR percentage to NCPA effective January 1, 2025. The AAA shall remain in effect until the earlier of: (a) December 31, 2054; or (b) until it is terminated and will be used in conjunction with the 2025 BR Contract to preserve the key principles and practices that are reflected in the AAA that is currently in effect today. In addition, the new AAA has been updated to better align with other NCPA Agreements.

B
y executing the new AAA, Lodi can assign its BR percentage to NCPA and NCPA will manage the daily operation and transactions of the assigned BR percentage on behalf of the participants. The Request for Assignment of Lodi’s BR Percentage to NCPA is the subject of a separate City Council agenda item whereby NCPA will assume all the rights, duties, and obligations associated with receiving Lodi’s BR Percentage under BR Contract 20-SNR-02347.

O
n December 9, 2021, the Risk Oversight Committee received a report and recommended approval of the AAA with NCPA.

Adopt Resolution Authorizing City Manager to Execute Assignment Administration Agreement for Western Area Power Administration Base Resource Percentage Between Northern California Power Agency and City of Lodi February 16, 2022

FISCAL IMPACT: It is projected that, on average, the cost associated with this contract for Lodi will be offset by the financial benefit from NCPA’s daily management of the BR transactions to the energy market.

FUNDING AVAILABLE: Cost associated with this contract are paid through the monthly All Resources Bill to NCPA and included as part of Lodi’s power supply costs each year.

_______________________________
Jeff Berkheimer
Electric Utility Director

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE ASSIGNMENT ADMINISTRATION

AGREEMENT FOR WESTERN AREA POWER ADMINISTRATION

BASE RESOURCE PERCENTAGE BETWEEN THE

NORTHERN CALIFORNIA POWER AGENCY AND CITY OF LODI
========================================================================

WHEREAS, on December 2, 2020, the City Council approved Resolution No. 2020-288 executing Base Resource (BR) Contract 20 -SNR-02347 with the Western Area Power Administration (WAPA); and beginning January 1, 2025, Lodi will receive 0.55792 percent of the hydropower resource marketed and sold by WAPA; and

WHEREAS, the existing Assignment Administration Agreement (AAA) with NCPA, whereby NCPA accepts assignment of LEU’s Base Resource Percentage, will expire on December 31, 2024; and

WHEREAS, the new AAA sets forth the terms and conditions under which NCPA will supply Joint Assignment Administration Services on behalf of NCPA members who assign their BR percentage to NCPA effective January 1, 2025; and

WHEREAS, the AAA shall remain in effect until the earlier of: (a) December 31, 2054; or (b) until it is terminated and will be used in conjunction with the 2025 BR Contract to preserve the key principles and practices that are reflected in the AAA that is currently in effect today; and

WHEREAS, by executing the new AAA, Lodi can assign its BR percentage to NCPA and NCPA will manage the daily operation and transactions of the assigned BR percentage on behalf of the participants; and

WHEREAS, the Request for Assignment of Lodi’s BR Percentage to NCPA, authorized by separate City Council action, provides for NCPA to assume all the rights, duties, and obligations associated with receiving Lodi’s BR Percentage under BR Contract 20-SNR-02347; and

WHEREAS, on December 9, 2021, the Risk Oversight Committee received a report and recommended approval of the AAA with NCPA.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Assignment Administration Agreement (AAA) for Western Area Power Administration Base Resource Percentage between the Northern California Power Agency and the City of Lodi.

Dated: February 16, 2022
========================================================================

I hereby certify that Resolution No. 2022- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk
2022-____
AGENDA ITEM C-15
APPR
OVED: ____________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Request for Assignment of City of Lodi’s Western Area Power Administration Base Resource Percentage to Northern California Power Agency
M
EETING DATE: February 16, 2022
P
REPARED BY: Electric Utility Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a Request for Assignment of City of Lodi’s Western Area Power Administration (WAPA) Base Resource Percentage to Northern California Power Agency (NCPA).

B
ACKGROUND INFORMATION: The City of Lodi (Lodi) entered into Base Resource (BR) Contract 20-SNR-02347, dated January 28, 2021, with WAPA for 0.55792 percent of WAPA’s BR.

Pr
ior to this, Lodi assigned its BR percentage under BR Contract 00-SNR-00327 to NCPA under Request for Assignment 04-SNR-00771 effective January 1, 2005. Contract 00-SNR-00327 and Request for Assignment 04-SNR-00771 terminate December 31, 2024. NCPA and Lodi wish to retain the assignment beyond 2024 under the new BR Contract 20-SNR-02347.

O
n the effective date of this Request for Assignment 21-SNR-02642 (Assignment), Lodi hereby requests WAPA assign its BR percentage under BR Contract 20-SNR-02347 to NCPA under NCPA’s BR Contract 21-SNR-02661. NCPA is agreeable to taking responsibility for Lodi’s 0.55792 percentage of BR starting J
anuary 1, 2025. This Assignment shall remain in effect until the earlier of: (a) December 31, 2054; or (b) until it is terminated.

Un
der NCPA’s 2025 Assignment Administration Agreement (AAA), presented as a separate agenda item, NCPA can accept assignment of Lodi’s BR percentage, and will administer the Assignment for the benefit of Lodi according to the terms and conditions. This request will assign Lodi’s BR percentage to NCPA and NCPA will manage Lodi’s BR percentage on behalf of Lodi.

O
n December 9, 2021, the Risk Oversight Committee received a report and recommended approval of the Request for Assignment of City of Lodi’s BR percentage to NCPA.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
_______________________________

Jeff Berkheimer
Electric Utility Director

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE REQUEST FOR ASSIGNMENT OF CITY OF LODI’S WESTERN AREA POWER ADMINISTRATION BASE RESOURCE

PERCENTAGE TO NORTHERN CALIFORNIA POWER AGENCY
========================================================================

WHEREAS, the City of Lodi (Lodi) entered into Base Resource (BR) Contract 20-SNR-02347, dated January 28, 2021, with WAPA for 0.55792 percent of WAPA’s BR; and

WHEREAS, prior to this, Lodi assigned its BR perc entage under BR Contract 00-SNR-00327 to NCPA under Request for Assignment 04-SNR-00771 effective January 1, 2005; and Contract 00- SNR-00327 and Request for Assignment 04- SNR-00771 terminate December 31, 2024; and

WHEREAS, NCPA and Lodi wish to retain the assignment beyond 2024 under the new BR Contract 20-SNR-02347; and

WHEREAS, Lodi hereby requests WAPA assign its BR percentage under BR Contract 20-SNR-02347 to NCPA under NCPA’s BR Contract 21-SNR-02661; and

WHEREAS, NCPA is agreeable to taking responsibility for Lodi’s 0.55792 percentage of BR starting January 1, 2025 per Request for Assignment (Assignment) 21-SNR-02642; and

WHEREAS, this Assignment shall remain in effect until t he earlier of:
(a) December 31, 2054; or (b) until it is terminated; and

WHEREAS, under NCPA’s 2025 Assignment Administration Agreement, authorized by separate City Council action, NCPA can accept assignment of Lodi’s BR percentage, and will administer the Assignment for the benefit of Lodi according to the terms and conditions; and

WHEREAS, t his request will assign Lodi’s BR percentage to NCPA and NCPA will manage Lodi’s BR percentage on behalf of Lodi; and

WHEREAS, on December 9, 2021, the Risk Oversight Committee received a report and recommended approval of the Request for Assignment of City of Lodi’s BR percentage to NCPA.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Request for Assignment 21-SNR-02642 of City of Lodi’s Base Resource Percentage to Northern California Power Agency. .

Dated: February 16, 2022
========================================================================

I hereby certify that Resolution No. 2022- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk
2022-____
AGENDA ITEM C-16

CITY OF LODI

COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Approving Renewal of Chiropractic Benefit Administration Agreement with Landmark Healthplan of California; and Further Authorizing the City Manager to Execute Agreement
MEETING DATE: February 16, 2022
SUBMITTED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt resolution approving renewal of Chiropractic Benefit Administration Agreement with Landmark Healthplan of California; and further authorizing the City Manager to execute agreement.

BACKGROUND INFORMATION: The City of Lodi is contracted with Landmark Healthplan of California to provide chiropractic services to the City’s full-time employees and COBRA participants. This chiropractic plan is a stand alone policy separate from the City’s medical plans offered through CalPERS.

The term of this agreement shall begin on February 1, 2022 and continue in effect until January 31, 2023.

This contract shall automatically renew for successive one- year terms on each anniversary of the commencement date of this Agreement. The city may terminate this Agreement by providing Landmark Healthplan with 30 calendar days’ prior written notice.

FISCAL IMPACT: A nnual cost of approximately $50,000.

FUNDING AVAILABLE: Included in Benefits Fund appropriations (65522000).

Adele Post, Human Resources Manager
Andrew Keys, Deputy City Manager/Internal Services Director APPROVED:

Stephen Schwabauer, City Manager

RESOLUTION NO. 2022-__

A RESOLUTION OF THE LODI CITY COUNCIL APPROVING RENEWAL OF

CHIROPRACTIC BENEFIT ADMINISTRATION AGREEMENT WITH
LANDMARK HEALTHPLAN OF CALIFORNIA; AND FURTHER AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT
========================================================================

WHEREAS, the City of Lodi utilizes Landmark Healthplan of California for the administration of the chiropractic benefits offered to City of Lodi employees.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the renewal of the Chiropractic Benefit Administration Agreement with Landmark Healthplan of California; and

BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute the agreement with Landmark Healthplan of California on behalf of the City of Lodi; and

BE IT FURTHER RESOLVED that the term of the Agreement shall be effective February 1, 2022 through January 31, 2023, and in the event no termination notice has been given by eit her party, and a new agreement has not been negotiated, the contract shall automatically renew for successive one-year terms on each anniversary of the commenc ement date of this agreement.

Dated: February 16, 2022
========================================================================

I hereby certify that Resolution No. 202 2-_____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
AGENDA ITEM C-17
APPR
OVED: __________________________________
S tephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Adopt a Resolution Authorizing the City Manager to Execute a 3 -Year Agreement with Cardknox Development Incorporated, of Howell New Jersey, NYM Services DBA Fidelity Payment Services , of Brooklyn New York, for Processing Online and Point -of-Sale Credit/Debit Transactions in Conjunction with the Permit, Project, and Code Case TRAKiT Software and Appropriate Funds in the Amount of $10,000
M
EETING DATE: February 16, 2022
P
REPARED BY: Community Development Director
RE
COMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a 3- year agreement with Cardknox Development
Incorporated, of Howell New Jersey, NYM Services DBA
Fidelity Payment Services, of Brooklyn New York, for processing online and point -of-sale credit/debit transactions in conjunction with the Permit, Project, and Code Case TRAKiT Software and appropriate funds in the amount of $10,000.

B
ACKGROUND INFORMATION: Community Development Staff implemented the new Permit, Project, and Case TRAKiT Software back in
January 2020. Staff has been working with t he Revenue Division, who is responsible for collecting payments for the City of Lodi, to determine what is needed to implement the online payment portal for the TRAKiT Software. When the City purchased the software from Superion Cardknox was the only authorized representative that they worked with to provide the bridge between the software and the portal for online payments.

C
urrently customers paying permits, projects or code case fees can only pay by check at the Community Development counter. If they would like to pay by credit card they are given an invoice to take to Finance and then they have to bring the receipt back to Com munity Development to finalize the processing of their item(s). Staff would like to eliminate this step by contracting with Cardknox Development Incorporated. This contract will give customers the ability to pay fees with a credit card both at the Community Development counter and online.

Staff believes that this new online portal will increase the current demand for credit card usage, which will in turn increase our budget needs to plus or minus $25,000 per year.

S
taff recommends that the City Council adopt a resolution authorizing the City Manager to execute a 3- year agreement with Cardknox Development Incorporated, of Howell New Jersey, NYM Services DBA Fidelity Payment Services, of Brooklyn New York, for online and point -of- sale credit/debit transactions in conjunction with the TRAKiT Software and appropriate funds in the amount of $10,000.

Authorize the CM to enter into an agreement with Cardknox, NYM Services DBA Fidelity Payment Services February 16,2022 City Council Meet¡ng
Page2 of 2
FISCAL IMPAGT:

FUNDING AVAILABLE
Costs for Cardknox Development lncorporated, NYM Services DBA Fidelity Payment Services equipment and serv¡ces w¡ll be pa¡d by the Community Development Special Revenue Fund.

Additional Appropriation in the amount of 910,000 from
Community Development Special Revenue Fund for serv¡ce
charges not already budgeted to account 27081000.72312
Andrew Keys
Deputy City Manager/l nternal Services Director
John Monica, Jr
ity Development Director

JDM/KJC
Attachments
fldellly
A Swipe Aheod .

MERCHANT PROIESSINC APPLITATION
Agent Name: City of Lodi - ComDev
E NEI¡, ACCOUNT nADDITIONAL LOCATI0N - Existing MID #:

BUSINESS INFORMATION:

Business Corporate Name Cíty of Lodi, California
Business OAn City of Lodi, California
Location Address 221W. Pine St.

City Lodi lstateCA lzip95240
Mailing Address P.O. Box 3006
City Lodi | State CA lzip95241
Phone #209-333-6714 | Fax #N/A lTollFree #
Website Address www. lodi. gov I Email address kchadwick@lodi. gov Ownership Type: tr Corporation trPartnership tr Sole Proprietor Business Start Date 1906 Tax lD # (e die¡rs)
EEtrE
Account DDA # I Bank Routing # E Vo¡ded check subm¡tted Description of Goods/Services Sold Bu¡lding & Encroachment Permits, code Enforcement cases & project Apptications Average days between transaction and delivery N/A
9 4 0 1
Do you drop ship? tr yes 5 no For how many days is your refund policy? N/A sr
Si Name
Si er Home Address
Zi
Signer Home Phone #
Do you currently accept AMEX?
tr YgS Ex¡sting Ameriran €xpress Account Number:

E No Would you like to apply for a new AM€X account? ¡ yes E no Do you accept EBT? yes 7no please p rovide EBT #
Additional Services
¡ncH
tr CheckZl
trGifVloyalty Cards
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=tn
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CREOIT CHEC( CONS€NÎ BY SIGN¡NG EELOW I IHE UNOERSIGNED REPREsENI IHAT I HAVE R€AO ANO AM AUIHOSIZED TO SI6N AND SUAM¡TTHIS APPLICATION ON 8€HALF OF THE BUSINE$ IOENTIFIEO TION AND INFORMATION ABOUTME PEÂSONATLY INCLUDING BYREQU€5T¡NG REPORTS FROM CONSUMER REPORTING AGENCIES IN OROER TOÑSESSTHISAPPLICATION AND ITS ON6OING REIATIONSHIP !ME8!N]E¡: I UND€RSÍAND IHATÆPER THE CARD ASSOCIATION REGUTATIONS, IF ¡ ACCEPTCR€DITCARDS IN A "CARD PRÉSENT" ENVIRONMENI I AM REQUIRED IO HAVEAMANUA! IMPRINTER FOR ¡N' STANCES WHEÂÊ A CARD WILL NOTSWPE ANO IHE CARO DETAITS HAVETOBE KEYEO IN. I AM ALSOAWARETBAT I CAN OBTAIN AN ¡MPRINTER FROM ¡IDELIN PAYMENIS€RVICESAND IT IS MY RTSPONSIEIIIÍY TOREQUEsTON€ IF NÊÉO€0,
ACh CONSENI BY sI€NING BELOW I AUÌHORIZE FIOEL¡P PAYMENTSERVICESTO OEEIIVIA ACH THE OESIGNATED ACCOUNI A5 SPECIFIED EISEWHE߀ IN IHISAPPLICATION. OR ANY OfHES ACCOUNTMY BUSINESS OR I HAVE ATfhE BANK SPECIFIED ELS€WHERE IN IHIS APPLICA¡ON OR ATANY OÍH€R FINANCIAL ¡NST'TUTION ÊOR ANY AMOUNTI OWE FIOELIWPAYMENTSERVIC€s UNDER TH¡SAGREEMENT OR UNDERANY OTHER CONTRA6, NOTE, GUARANIY INSTRUùIENTOR OEÂLING OF ANY (INO I¡OW EXISTING OR LAIER ENIEREO INTO EETWEEN MY 8USINE55 OR MYS€Lf AND FIDELIfrPAYMENT SERVICES, WHEIH€R SUCH OSTIGATION ¡S OIREfr, INDIREI, PRIMAFY SECONOARY FIX€D, CONÍINGENI ]OINIOR SEVERAL. IN IHI €VENIfIOELIÛ PAYMENTSERVIC€5 OENIANDSSUMS OUE OR SUCH ÀCH OOES NOI FULLYREIMAURSE fIÞELIry PAYMENTSERVICES FOR IH€ AMOUNfOW€0, I WLL IMMEOIATETY PAYFIOELIfl PAYMENf SERVICES SUCH AMOUNI TERMSANO COND¡IIONS: I HAVE ßEAO, UNOERSIOOD ANÐ ÀGREE _OIHEIERMSANO CONOITIONSAPPLICASLEIO A ÑlERCHANI POSTEO TODAY AIIHE !IDELIIY PAY!¡ENI JERVICESWEB S¡TE WWWFIDETITPAYMENTCOMAERMSANOCONDITIONs. A PAPIR COPY OÊ SUCH TERMSAND CONOITIONS IS AVAITABTE IO YOU UPON REQUESI s nature: Date:

Print Name: SÉhu\^l" o,"u¿,(-
442 5outh F¡fth Street . Brooklyn, NY 11211 . Tel: 1-888-847-262.7 . www.fidelitypayment.com Fidelitv payment servi(es is d re€istered lS0/¡4SP of Wells Édr8o Bànk, NA, Walnul Creek, CA . Member FDIC rnd US Bank lYinnedpolis. i\4N i 2OO9 Fidelity pavment Services MATION:

Title
Cell#
I Date of Birth#
OmahaWF2004 lTr-r:fcll1{ {J I{.\I I
^,^-^ -l¿reh I ialrarrnanSales Print Sales Fep Sales lD# Phone #:Sales Fep. S¡gnature
. Bt¡ NEls ñlFOR.l,lÂ.TIO¡ìl I of ó
Cl¡ent's Business Name lDoing Eusrhess Ás,1.'
Gitv of Lodi, GomDev
Cl¡ent's Corporate/Legal Name (Use Also For Headquarter's lnformat¡on):

Gity of Lodi, California
Business Address:
221W. Pine St.

B¡ll¡ng Address (lt Dítferent Than Locat¡on Address):

P.O. Box 3006
City:

Lod I
Statê:

CA
zip:
95240
City:

Lodi CA
State: zip:
95241
Locat¡on Phone #:
209-333-6714
Locat¡on Fax #:

N/A
Contact Name:

Kari Chadwick
Bus¡nèss E-ma¡l Addfess:
[email protected]
Contact Fax # I E-mail Address:
[email protected]
Business Website Address:
www.lodi.oov
Contact Phone #:
209-333-67f4
Customer Service Phone #:
209-333-6714
Customer Service E-mail Address:
[email protected]
Send Rêtrieval Requests to:

Send Merchant Monthly Statement io:

Location û Corp/Legal Location
Location û Corp/Legal Local¡on
YBus¡ness
RBusiness
Date Busíness Started: 1906
tr INDIVIDUAL/SOLE PROPRIETORSHIP: State ¡n which Certificate of Assumed Name Filed: State:_
ú TAX EXEMPT ORGANIZATION (501 C) State:- [eOvenlmeltr (Federal, State, Local) Û INTERNATTONAL ORGANIZATION
Location
- LIMITED LIABILITY
COMPANY State Filed:! CORPORATION - CHAPTEF S, C State:
tl MEDICAL OR LEGAL CORPORATION State: tr ASSOCIATION/ESTAÌE/TRUST StAtE FIIêd: ú PARTNERSIIIP State F¡lêd:- Name las ìt appearc on your ¡ncome tax rctum) FÉÞERALTìÀX ID # (as ¡t appørs on your ircome tax rctwn)
¡ I cert¡fy that I am a foreign ent¡ty/nonres¡dent al¡en. (ff chæked, pleaæ altæh IRS Fom W-8.)
*SIC/MCC: IATA/ARG: (MCC 4722 Only)
could be S1,000.00), Failure to reg¡star could result ¡n t¡oes ¡n src€ss of 510,000.00 for violaling V¡sa and/or MasteÌCard regulation62. lRpo¡sfral¡on for MCC 7ß¿1 is only rqilirF.l fnr non-facÈtrfacp arlrll contênt. 2lnformalion here¡n, includ¡ng applieble MCCS, ¡s subiect lo change. r--a---.;^F Âa f.'-- ^a ^¡ ê^6.i-^^ ê^l¡.É^P.a¡.ar¡v¡¡ v¡ .tPa vr Building Permits, ProiectApplications, Encroachment Perm¡ts and Code Gases

2. ADDITI('IìIAL CREDIT , SITE SI.,R\'EY IìlF|oRI'.ATIOì| - A¡-L ]I|ERCI{A¡ì|TS

1. Zone: ú Bus¡ness Distr¡ct ¡ lndustr¡al

2. Location: tr Ma¡l tr Office û Home
I Apartment tr lsolated
! Flea Market E Other

3. How many employees: _

5. ls proper license visible? ! Yes
t No, explain:

6. Where is the merchant name d¡splayed at the site?
! W¡ndow I Door E Store Front
E Resident¡al
- Shopping Area
n Door-to-Door

4. How many registers/Terminals:

7. Merchant Occupies: E Grouhd Floor I Other:

8. # of Floors/Levels: fl 1 û2-4 ! 5.10

9. Remaining Floor(s) Occupied by:
! Residential E Commercial n Comb¡natíon û None

10. Approximate Square Footage:
! 0-250 D 251-500 tr 501-2,000 ¡ 2,001 plus

11. Are customers requ¡red to leave a deposit?
¡ No ! Yes lf Yes, o/o of depos¡t required: _%

12. Return Pol¡cy: n Full Refund ¡ Exchange Only tl None E 11+
Marketing Mateilaß
S1 ,ttlllion in annual
required fot Nlail Orde,i B to B, lnte¡net ovet
volume, Attach Web Page tor lnternet llrerchant.

I 3. Do you have a refund pol¡cy for MC/Visa/
D¡scovet. Network- PayPal/American Express OptBlue" Sales? trl Y- es trl No lf -ves, eheek one:
! Exchange t MG/V¡sa/D¡scover Network-PayPal/
! Store Credit American Express OptBlueocred¡t
lf MC/V/D¡scover NetÌvork-PayPal/American Express OptB¡ue' Credit, w¡thin how many days do you subm¡t cred¡t transactions?
n0-3 a4-7 ¡8-14 EOverl4

14. Advert¡sing Melhod (Attdch at least one):
n Catalog E Brochure ¡ D¡rect Mai¡ D TV/Radio
! lnlernet ú Phone f] Newspaper/Journals ! Other
15, Previous

16. Check Reason For Leâving: n Rate D Service I lerminated n O$er:
llail/Telephone Order/Bus¡ness to Business/lnternet lnformation (All Quest¡ons must be Answered)
1, What is the time frame from transaction to delivery? (/" of orders delivered ¡n):
0-7 days % + 8-14 days----,--% + 15-30 days % + over 30 days-% = 1OOïo

2. Mclvisa/D¡scover Network-PayPal/Amer¡can Express OptBlue" sales are depos¡ted (chæk one):
ú Date of order ! Date of delivery Dolher (specity):
3, Does any of your cârdholder billing involve automat¡c renewals or recurring transact¡ons (i.e., cardholder author¡zes ìnitìal sale onlyf? ! Yes ¡ No Merchant lnitials
DBA Name: Cifv of Lodi ComDav Merchant #: Page 2 of ó
aWF2004 3. OWIìTERS , PARÎNERS
'
Í¡FFTCERS OmahaWF2004lial
PARTNER / OFFIGËN IowitER OWI'ER / PÂRTXER / OFFICER 2
Name: (F¡tst, Mt, Last) 7" Ownership: Name: fF,?st, Mr, last) 7" Ownersh¡p:

Title: Title:

Home Address: (No P.O. Eox) Home Address: (No P.O- Box) City: Slate: zip Counlry: City: State: zip: Country:

Telephone #: Social Security #: Telephone #: Social Security #:

DL #:Þ.o.8. State:

Bank: ¿
¿1. SEITLEt',lENT
State: DL #:D.O.B.
tl.FORTIATIOìf
Transit/ABA #: rè.1 lÕß+l I Depos¡tAccount *' bld)õ I 3Õ ACH Delail Flag: tr lnd¡v¡dual ! Combined tr Separate (defaults to Combined ít option not selected) ¡. TRAIìI SACTIOll IìlFOR¡tIATI(¡I'
FINAÍ{CIAL DATA WHERE ¡S SÄLÊ
TRAI'SÂCTED?
(Must = 100%)
Average YEAFLY MC/Visa Volume
Average YEARLY Discover Network-
PayPal Volume
Average YEARLY American Express
OptBlue'Volume
Avg. American Express
OptBlue, T¡cket (Estimàte If Never processed in pasfl $_____lL Highest Ticket Amount
s
0 Seasonal? ! NoE Yes High Volume Months Open:
s0
Gross YEARLY Sales Volume
(Cash + Crèd¡t + Debit + Check)
Avg, MC/Visa/Discover Network-
PayPal T¡cket {Estimate lÍ Nevü Processed in Past)
Store Front/Sw¡ped
"/"
%
100v"
lnternet
Mail Order
Telephone Order
Total

6. GR.ID IIIFC'RIIATICDN - Iì|TERIìI.AL l'SE OllLY
AUTHORIZATION GRID ID#: MFC GRID ID 8-W. AlphaNuneic
?-pos. Alpha/Numeî¡c 8-pos. Ãlphafiumet¡c

8.pos. AlphaÌ,lumedc
'-pos.

Alpha/Nuneùc 8-pos. Alphaluunetic
8 - p o s, A I p hall,lu ne r¡ c8.pos. AlphalNuner¡c 8-pos. Alpha/Numeric &W, Alphatiluredc USER DEFINED GBID ID#:
0ISCOVER NETWOnK-PayPal
ÎERED GRID ID
DISCOVEF NETWOnK-PayPal

CNEDIT MPG ID
AMERICAN EXPÊESS
OptBlue" TIERÉD

GRID ID
8"pæ. Alpha/Nuneùc
8-p*-Atph"/Nrr*lc

AMERICAN EXPRESS
OptBlue"CREDlT
MPG ID

MC TIERED

GRID ID

MC CREDIT
MPG ID

MC DEBIT
MPG ID

VISA TIERED

GRID ID

VISA CREDIT

MPG IT)

VISA DEBIT
MPG ID

DISCOVEB NETWORK

DEBIT MPG ID

7. SERI'ICE FEE SGHEDIJLE
Accept all tastelGard, Visan Discover lletwork and Âmerican Express OptBluee Transactions (prcsumed, unless arry selections below arc checked) tastetCard Visa D¡scovef l{eturoyk Âmerican E¡orcss OptBtuco ¡ MC Credit Transactions E Visa Credit Transaclions E D¡scover Network Credit Transactions I American Express Crêdit Transact¡ons ! MG Non-PlN Debit Trans. ! Visa Non-PlN Deb¡t Trans. n D¡scover Network Non-PlN Debit Trans.

Discover l{ctwork. PayPal
E Discount Gollected ! Daily ! Monthly I Discover Network-PayPal CreditTransact¡ons Discount Fees {Based on Gross Sales Volumef
D¡scount MPG TXN Fee Discount MPG TXN Fee Discount MPG fXN Fee D¡scounl MPG TXN Fee MC
Qual Credit $
V¡sa
Qual Credil $
D¡scover Network-
PayPal Oual Credit $
American Exprèss
OptBlue" Oual Credit $
MC
M¡d-Qual Cred¡t $
V¡sa
M¡d-Qual Cred¡t $
D¡scover Network-
PayPal M¡d-Qual Cred¡t % $
Amer¡can Express
OptBlue" M¡d-Qual Credit b
MC
Non-Qual Credit $
Visa
Non-Qual Cred¡1 $
D¡scover Network-
PayPal Non-Qua¡ Credit $
American Express
OptBlue" Non-Qual Credit $
MC Worldcard
Qual % $ Visa Rewards 1 Þ
MG Worldcard
Mid-Oual % Þ Visa Rewards 2 $
MC Worldcard
Non-Qual ù
MC
Qual Debit ù
V¡sa
Qual Debit $
D¡scover Network
Qual Deb¡t b
MC
M¡d-Qual Ðeb¡t s
V¡sa
Mid-Qual Deb¡t Ð
D¡scover Network
M¡d-Qual Deb¡t "/" û
MC
Non-Qual Dêb¡t Þ
V¡sa
Non-Oual Deb¡l b
D¡scover Network
Non-Qual Debit $
MC Regulated
Debit D¡scount Ð
Visa Regulated
Debit Discount $
Discover Network
Reoulated Debit Ðisc't s
IJËNEN
Merchant lnitials:

City of Lodi, GomDevDBA Name: Merchant #: Page 3 of ó
Non-Qual Fses FeesD¡scount Non.Oual Fees
2004
Dlscount

7. SERI/ICE FE€ SCIIEDIILE (cont'd)
Ðiscount Þ¡scounl NoFQùal Fees
OmahaWF2004
MC Oual Credit 1.69 v. Visa Qual Cred¡t 1.69 "2"
D¡scover Network-
PayPal Qual Credit 1.69 "2.

American Expres
OptBlue¡ Qual Credit 2.89 y"
Ë Net Only - lncludes Oues and Assessments tr Gross Only - lncludes Dues and Assessmenls t.69 %o/"V¡sâ Ouâl Deb¡t 1.69 .7"MC Qual Debil 1.69 %
Discover Network
Qual Deb¡t
D¡scount (Based
on Gross Srles Vol.)
D¡scount {Based
on Gross Salæ Vol.)
Discount (Based
on Gross Sales Vol.)
Discount {Based
on Gross Sales VoL)
Mc ouel Cred¡t Visa Oual Credit O¡scover Network-PayPal Qual Credil American Express OplBluer Qual Cred¡t MC Qual Deb¡t Visa Qual Deb¡t D¡scovêr Network Qual Debit MC Credil Visa Credit
v"
ù Credit $ sù
Amer¡can Express OptBlue' has Program Pricing and not
and are to
American Express
Credit
$
%
Vísa Debit
Visa Cred¡t
$
Discover Neiwork-
Credit
Discover
Debit $
Amer¡can Express
OptBlueÐCredit
MC Debit
MC Credil
tr ECA Warranty ! Mail Order Warranty ! S¡ngle Hold Check Warranty fl Multiple Hold Check Warranty Û Paper Warranty D C.O.O. Warranty lngu¡ry Bate o/o Per TxN Fee $- slmt/Processing Fee S-éqq Dec. Risk Surcharge .10 v" Monthly Minimum Fee S- (Pü Locat¡on) customer Reguested Operator Call (CBOC) $-2r5q MC Debit
n Pass Through Deb¡t Network Fees
WEx: Other ltem Rate Voyågèr! Oual Other ltem RalèS- (pet ¡tem) ,te¡n) $ l0'00 Pet ne,ç-
Debít
$_
$__20.00
O,ther ltem Bate $_ (pü item) Other Volume Percent o/" (pü iten) sE#
ECA Cha¡seback Fêe S-1.09
V¡sa Deb¡t
Fee 28
ú Dues and Assessments V/MC Retrieval Rêlurn Trans.

Fee
V/MC Chargeback
Fee
Sa¡es Transact¡on
Fee (Per [tem) 8_ Batch Fee (Per ltem) t-
Early Term¡nation
Fee @neTimeFe4$ 295.O0 elDS Access Fee (FIat Rate) S_
(Per ltem)$
EBT -
Cash Benefils
Other:
(Per ttem)$- #:

EBT-
Food Stamps
!Yes trNo
Pass Visa
Trans lnteqrity Fee$_Min¡mum Monthly Fee $--25.0q
Monlhly Statement Feè
(Acct on File) ACH Reiect Fee (Per tteù$-25.00
MC License Fee
FCr tdrcÐ r.ctttt
¡ Monthly
(Flat Pa'-e) 9- ! .Annu=!!¡, ¡n Dècånberlê-t^- lt^t..a^l ot MC ICA Fee (Per ltem) $_Visa Proc Fee (Per ltem)$_ MC Proc Fee (Per ltem) $_ Vísa BIN Fee (Per ltem) $_ nYêi DNo
Pass Visa Fixed Acguirer
Network Fcc {FANF) Vira rANF Card Prescnt Surcharge (Flot Rotc) 0- Viea FANF Card Not Pro6ont Surcharg. (Ftat Ret )î_ EYes n No
Pass Visa
lnt'l Acqu¡rer FeenYêsnNo
Pass Visa
Acquirer Processing Fee
Pass Visa
tYes D No EYes nNo
Pass Visa
Zero Floor L¡mit Fee
EYes BNo
Pass MC
Cross Border Fee nYes !No
Pass D¡scover
Data Usage Charge !Yes ! No
Pass Visa
Acq ISA Fee
Pass MG
Acquirer Support Fee tr Yes ! No
Payeezy Gateway One Time Setup Fee
Payeezy Gateway Monthly Fee
Payeezy Gateway Auth Fee
Payeezy Gateway AVS Fee
Payeezy PayPal Auth Fee
Payeezy PayPal Sale Fee
Payeezy PayPal Relurn Fee
$_ (one time)
$_ (monthly)
$_ (pet item)
(per item)
(per item)
$- (per item)
$- (per item)
¡Yes !NoûYes trNo
Payeezy Gateway
Telecheck Auth Fe€
Fee Feê DYes ! NotrYes ¡ No
Pass MC Nat'l
Brand
Pass MC
Proc
Pass Discover
lnt'l Service Fee
$---!0q þeritem)
$_____0 @er item)
$___1.0q (per item)
S---19q (per item)
Payesy Gateway
Telecheck Deposit Fee
Payeezy Gateway
Telecheck Adiustment Fee
(pet itêm)
s_
(per ¡tem)
! PayeèEy Gateway Part¡cipat¡on
Payeezy Gateway Effective Date:MC/Visa Auth & Capture Fee: $---*-j1-9 þer item) D¡scover Network PayPal Auth & Capture Fee: $-----J! þer ¡tem) American Express OptBlueoAuth & Capture Fee: $-----J3 þer iteñ) American Express Pass Through (ex¡sting) SE #:

Vo¡ce Authorization
Electronic AVS Fee
Voice AVS Fee
ARU Fee
Pass Discover
lnt'l Proc Fee
tïÍf:tGt¡ãïrf-
EIT¡I;r:ffm
r¡rIit!Irñf]llìillgr
lG
f¿5F:rariFjãlt
l:ftFfftEtF tÌn¡?tf;EFEITTIEIEãfüM il'lEEEãlrfüFI:Ët!(! Merchant lnitials
DBA Name: Citv of Lodi. ComDev Merchant #: Page 4 of ó
Wireless Monthly Service Fee
Customer Service Fee $_
suppl¡es:
-
s-

7. SERVICE FEE SCI{EDl,lLE (cont'd)
Other:s_ $_ $_
Per ¡tem D Monthly ! Annually Month
Olher:

Other:
$_
$_
Reg. Product Fee
TIN/TFN lnval¡d
Website Usage
{Monthly) $_
(Monthly) $_
(Per ltem) $_
Annual Fee
Month
AccessOne Fee
Deb¡t Access Fee
I Per ¡tem ¡ Monthly û Annually Month
Pass Visa Account Verification Fee EYes !No Visa Account Ver¡fication Fee Surcharge (Pet ltem) ç_ úYes flNo
Pass VISA BIN/ICA Fee
(Note: this lee can only be used fot Shared Systems Only) VISA BIN/lCA Fee Surcharge (Pet ltem)$_ Pass Visa StaEed D¡gilal Wallet Fee !Yes trNo V¡sa Staged D¡g¡tal Wallet Fee Surcharge (Per ltem)$_ Pass V¡sa B2B Virtual Payments Fee !Yes tr No Visa B2B Virtual Payments Fee Surchargê (Sales Volume) T" Pass Vísa File Transmission Fee !Yes !No Visa File Transm¡ssion Transact¡on Feê Surcharge (Per item)$_ Pass Visa Acquirer Cred¡t Voucher Data Processing Fee û Yes I No V¡sa Acqu¡rer Cred¡t Voucher Data Process¡ng Fee Surcharge (Per ite,n)g Pass Visa AFD Non Part¡cipation Fee EYes ûNo Visa AFD Non Partícipation Fee Surcharge (Per ítem) $_ Pass D¡scover Card Account Verificatíon Fee D Yes fl No Discover Card Account Verif¡cation Fee Surcharge (Per ltem)$_ Pass Discovêr Nètwork Auth Feê ¡Yes trNo Díscover Network Auth Feo Surcharge (Flat Rate)$_ ot (Per ltem)g_ Discover Dispute Fee (Per ltem)$_ (Per Ítem)8_Discover Retrieval Fee Pass PayPal Partlcipation Authorizat¡on Fee DYes !No PayPal Part¡c¡pat¡on Authorization Fee Surcharge (Sales Volume) 7" Pass Amerícan Express OptBlueo Access Fee úYes ENo
Pass Amêr¡can Express OptBluea Network Fee ¡Yes tr No American Express OptBluec Network Fee Surcharge (Sales Volume) "h Amer¡can Express D¡spute Fee (Per ,ten) $ Amer¡can Express Retrieval Fee (Per ne i$_ Pass Mastercard Process¡ng lntegr¡ty Fee Pre Auth !Yes ¡No Mastercard Process¡ng lnteEr¡ty Fee Pre Auth Surcharge (Per ltem)$_ Pass Mastercard Processing lntegrity Fee Undefined Auth ! Yes E No Mastercard Processing lntegr¡ty Fee Undefined Auth SurcharEe (Per ltem)g_ Pass Mastercard Processing lntegrity Fee Final Auth ¡Yes trNo Maslercard Processing lntegrity Fee F¡nal Auth Surcharge (Per ltem) $_ Pass Mastercard BIN/ICA Fee
(Note: this lee can only be usd fot Shared Systems Only) tr Yes tr No Mastercard B¡N/ICA Fee Surcharge (Per ltem)S_ Pass Mastercard Account Status Fee nYes ! No Maslercard Account Status Fee Surchaige (Per ltem)î_ Pass Mastercard Kilobyte Fee nYes ¡No Mastercard K¡lobyte FeeSurcharge (Flat Rate)i_ or (Per ltem)$_ Pass Mastercard CVC2 Fee !Yes DNo MastercardCVC2FeeSurcharge (FlatRate)i_ or (Pernem)$_ Pass Mastercard ICA AVS Fee trYes trNo Maslercard ¡CA AVS Fee Surcharge (Per lte¡n) $_ Pass Mastercard Digital Enablemenl Fee trYes lNo MasterCard Digital Enablement Fee Surcharge (Sales Volume) _V" Pass Mastercard Bus¡ness to Business US EYes ûNo MasterOard Business to Business US Surcharge (Sales Volume) 1o Pass MasterCard SecureCode Transaclion Fee üYesüNo MasterCard SecureCode Transact¡on Fee Surcharge (F,at naþ)i_ Pass MasterGard Location Fee trYes !No MaslerCard Location Fee Surcharge (FIat Rate) S_ Pass STAR Deb¡t Network Annual Fee !Yes trNo STAR Debit Network Annual Fee Surcharge (Flat Rate)$_ Pass Pulse Deb¡t Network Annual Fee !Yes flNo Pulse Debit Network Annual Fee Surcharge (FIat Bate) 8_ Pass Jeanie Debit Network Annual Fee trYes trNo Jeanie Debit Nelwork Annual Fee Surcharge (Flat Rate) 8_ Pass NYGE Debit Network Annual Fee trYes trNo NYCË Deb¡t Network Annual Fee Surcharge (Flat Rate) 6_ Pass Accel Deb¡t Network Annual Fee !Yes !No Accel Debit Network Annuaf Fee Surcharge (Flat Rate) g_ ifrsflil I'Ì¡TFFFTIi:EF
I J,rttã¡?Tifl l:l:r!+frfl:ritfd:tltIl:tlEl
tfE !ilaErfüËr:rêl':ñItlEF
Merchant lnitials:

DBA Name: Citv of Lodi. ComDev Merchant #: Page 5 of ó

7. sER,l'ICE TEE SC}IED1'LÊ OmahaWF
TransArmor Data Protection Fee (Flat Rate)$_ TransArmor Terminal Fee (FIat Rate) $_ nt'ð
Clover Security Plus Fee (Flat Rate) $_ PCI Rapid Comply (Flat Rate) g- Clover Security Non Clover Fee (Ftat Bate)8_ Clover Secur¡ty for Clover Fee (Fldt Rate)$- Clover Security Plus w/o TransArmor Data Protect¡on (Flat Bate)g_ Clover Serv¡ce Fee Monthly (per stat¡on) (Flat Rate)$ Wíreless Monthly Service Fee (Per ltem) $_ W¡reless Activat¡on Fee (Hat Bate)$_ Clover Go Monthly Fee (per MID) (Ftat Ra'F,$_ Clover lnsights Fee (per MID) (Flat Rate)i_ Payeezy Webstore Solution Monthly Fee (per webstore) (Flat Rate)g_ Perka Solution Monthly Fee (per MID) (Ftat Rate)$_
(For the Perka Solution, you wiil be providùd with rqgistration instructions and will be asked to electronically agree to Perka lnc.'s tems and cond¡tions) DCC CharEeback Fee Per Chargeback DCC Retr¡eval Fee Per Retrieval DCC Transaction Fee Per Settlement $_ A. EQI'¡PII EñIÏ'T}IIRD PARTY ¡ 1ll FORÍ|lATI|o¡ll
lYes lNo
n 02 Authorize.net ! 03 Cybersource [ 04 Verifone E 05 Merchant Link ! 06 Sh¡fi 4 DiN Þod
W¡reless
Term¡nal
Printer Model
I New
¡ New
! New
I New
¡ Rent
n Rent
¡ Rent
¡ Rent
n Lease
E Lease
I Lease
E Lease
Quant¡ty
Ouant¡ty
Ouant¡ty
Ouantity
fl Existing
¡ Ex¡sting
n Ex¡sting
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Network (Front End): ! Omaha ¡ North ¡ Nashv¡lle D Buypass Do you use any third party to store, process or transmit cardholder dala? E 09 Six Payment Servíces Corp . 10 Ver¡sign ! 99 OtheÌ (please specw lf yes, ident¡fy the Third Pafi Processor used: [ 00 None tr 01 Yahoo ¡ 07 Apriva tr 08 FIS
lxrenxef G¡¡eW¡y: f] F¡rst Data Global Gateway tr Other:

Option to purchase: lf you wish to buyout the equipment, please contact 1-817-257-2094 to obtain the cost.

Total Monthly Lease Gharge:

30.20 Annual lax Handl¡ng Fcê:

Total Cost To Leasg (ì¡yirhourtax):

LEASE GOilPAIIY: f04l F¡rst Data Global Lcas¡ng
Lcasc Term: _ Xos. ¡ All other
srates 10.20
! AL, AR, CA, CT,
NC, OK, OR, Rt,

KY, LA, MS, MO, NE, NV NM,
tx, w va, wA, wv, wt, r/rrY

GA, IN,

SC, TN,
Addrcs¡ C¡ty State zip Atlention'
ffi d
Merchant lnitials:

DBA Name: Citv of Lodi. ComDev Merchant #: Page ó of ó
OmahaWF2004 9. SIGì.ATT'TTEIS) OmahaWF2004lia)
Client cert¡fies that all information set forth ¡n th¡s completed Merchant Processing Applical¡on is true and correct ând that Cl¡ent has received a copy ot the Program Guide and Confirmation Page, which is part of th¡s Merchant Processing Appl¡cat¡on (consisting of Sect¡ons 1-9), and by this reference incorporated herein. Client acknowledges and agrees that we, our Aff¡liates and our th¡rd party subcontractors and/oÌ agents may use automat¡c telephone d¡al¡ng systems to contact Cl¡ent at the telephone number(s) Cl¡ent has provided in this Merchant Processing Applicat¡on and/or may leave a detailed voice messagê ¡n the event that Client is unable to be reached, even if the number prov¡ded is a cellular or wireless number or if Client has previously registered on a Do Nor Call list or requested not lo be contacted Client for sol¡citation purposes. Client hereby consents to rece¡ving commercial electronic mail messages from us, our Aff¡l¡ates and our th¡rd party subcontractors and/or agents trom time to time. Glient further agrees that Client w¡ll not accept more than 20% of its card lransact¡ons via ma¡|, telephone or lnternet order. Howevet if your Application ¡s approved based upon contrary information stated in Sect¡on 8, Transaclion lnformation section above, you are aulhorized to accept transact¡ons in accordance with the percentages indicated in that section, This signalure page also serues as a signature page to the Equ¡pment Lease Agreement, and the Telecheck Services Agreement appearing in the Th¡rd Party Section of the Program Guide, if selected, the underéigned Cl¡ent being the "Lessee" for purposes of such Equipment Lease Agreement and/or "You" and "Your,' tor the purposes of ihe Telecheck Services Agreement.

By s¡gn¡ng below, each of lhe undersigned authorizes us, our Aff¡l¡ates and our third party subcontractors and,/or agents to ver¡fy the information conta¡ned ¡n th¡s Application and to request and obtain from any consumer reporting agency and other sources, ¡nclud¡ng bank referencês, personal and bus¡ness consumer reports and other information and to disclose such information amongst each other lor any purpose perm¡tted by law. lf the Application ¡s approved, each of the unders¡gned also authorizes us, our Affiliates and our lhird party subcontractors andlor agents to obtain subsequent consumer reports and other ¡nformat¡on from other sources, including bank veferences, ¡n connection with the review, ma¡ntenance, updat¡ng, renewal or extens¡on of the Agreement or for any other purpose permitted by law and disclose such ¡nformation amongst each other, Each of the undersigned furthermore agrees lhal all references, including banks and consumer report¡ng agencies, may release any and all personal and bus¡ness cred¡i financial information to us, our Aff¡liates and our th¡rd party subcontractors and/or agents. Each of the undersigned author¡zes us, our Affiliates and our third pady subcontractors and/or agents to provide amongst each other the ¡nformat¡on conla¡ned ¡n this Merchant Process¡ng Application and Agreement and any information rece¡ved subsequent thereto from all references, including banks and consumer report¡ng agencies tor any purpose permitted by law. lt ¡s our policy to obtain certain ¡nformation in order to verify your identity while processing your account application.

As part of our approval, process¡ng services, cont¡nuing frâud prevention and account review processes, the undersigned consents to the use of information gathered onl¡ne or that you submit to us, and/or automated electron¡c computer security screening, by us or our third party vendors.

Glient authorizes FDMS and Bank and the¡r aftiliates to deb¡t Cl¡ent's designated bank account v¡a Automated Clearing House (ACH) for costs associated wilh equ¡pment hardware, sottware and sh¡pp¡ng.

You further acknowledge and agree that you will not use your merchant account and/or the Services for illegal transaclions, for example, those prohibited by the Unlawful lhternet Gambling Enforcement Act, 3f U.S.C. Section 5361 el seg, as may be amended from t¡me to t¡me, or processing and acceptance of transact¡ons ¡n certain iurisdictions pursuant to 31 CFR Part 500 el seq. and other laws enforced by the Off¡ce of Foreign Assets Control (OFAC).

Clicnt certifies, under penalties of pcrjur¡ that the federal t.rpayêr ¡dênt¡f¡eat¡on number and correspond¡ng f¡l¡ng namc proy¡dêd herc¡n are co?rect.

Clicnt agrccs to all thê têrms of th¡s Ucrchant Processing Application.nd Âgreement. th¡s tcrch.nt Process¡ng Apptication ¡nd ÂE ecment shall not take elfect until Glient has been approved and this Agrcement has been accepted by FDIIS and Bank.

Cl¡eñt's Bus¡ness Principal/Off iccr:
\signature x ritb Clþ l\\O¡g q2 ( F"ni"ers): For First Data rerchant sery¡cès LLc $.C,.ø^ Éttu¡Jo"urf I U and Wells Fargo Bank, ll.Â.,
la membcr of Visa USA, lnc,
and llastcrc.rd lntsrnationaln lnc.)
S¡gnature X Title_
Print Name of Signer
Print Name of S¡Ener
Date
Date X s¡gn¡turr
Signature X T¡tle_
Print Name of Signer Dale
TELECHECK AGI{ AUTHORIZATION
its Financial lnstítution to pay and charge to its
vtaAgreement and to accept all cred¡ts and debits made to Agreement. This authorizat¡on shall remain ¡n effect until (30) thiÉy days S¡gnature
ACH Dèb¡t and Grcdit
connection with TeleCheck's serv¡ces under th¡s Telecheck Date
due TeleCheck under th¡s Telecheck
Print Name/T¡tle:

Signalure on TefeCheck Account for ACH
ln exchange for First Data Merchant Services LLC, Wells Fargo Bank, N.4., (a member of Visa USA, lnc. and Mastercard acceptance of, as applicable, the Agreement, andlor the Equipment Lease Agreement and/orGuaranteed Parties) and irrevocably guarantees the full paymenl and performance of Client's to t¡me, whether before or after termination ot exp¡ration of unders¡gned waives notice of default by
Pârtiês shall nol
has rece¡ved not¡ce of any amendment of such
all amounts due from Cl¡ent under the foregoing agreements. proceeding against the undersigned. This is
¡s a Personal Guaranty of payment and not of collection and that the a cont¡nuing personal guaranly
Personal Guaranteê Signature
TeleCheck
Agreement, the
applicable, as they now exist or as
as applicable.
to indemn¡fy the Guaranteed Part¡es for any and
to first proceed against Client to enforce any remedy before or affected for any reason, The undersigned understands that this th¡s Personal Guaranty ¡n entering into the foregoing agreements, and
Serv¡ces
Datê
and whether or not the undersigned
foregoing agreements, as
Signature X
Print Name:

Print Name:
as to Form:

MAGDICH
t?tr@)

PROCESSOR
INFORMATION:

First Data Merchant Services
Address: 1307 Walt Whitman Road. Melville. NY 1'1747
URL: Customer Service 1-800-858-1166
Please read the Program Guíde in íts ent¡rety. lt describes the terms under which we will provide merchant processing Services to you.

From time to tíme you mây have questions regarding the contents of -vourAgreement with Bank and/or Processor or the contents of -vourAgreement w¡thTeleCheck.The following information summarizes portions of yourAgreement in order to assist you ín answering some of the questions we are most commonly asked.
l. Your Discount Rates are assessed on transactions that qualify for certaÍn reduced interchange rates imposed b;,- lv{asLerCard, Visa, Discover and PavPal. Any rransacrions that fàil ro qualify for rhese reduced rates will he charged an irddirional lee (see Sectit¡n 25 of rhc Program Guide).

2. We may debit your bank account (also referred ro as your Setrlernent Account) fiom time to time lor amounts owed to us under the Agreement.

3. There are m:ùry reasons why a Chargeback may occun When they occur we will debit your sertlement funds or Settlement Account. For a more detailed discussion regarding Chargebacks see Section 14 of the Your Pavments Acceptance Guide or see the applicable provisious of rhe t-l-( l.--1, (âYi,i,.â.
^,ì,---^-r

4. lf you dispute any charge or funding, you must norili us rvithin 60 days of the date of the starement where rhe charge or fùnding appears for Card Processing or wirhin 30 days of the date of a TeleCheck transactíon.

5. The Agreement limits our liability to you. For a derailed descriprÍon of the limitation of liability see Section 27,37.3, and 39.10 of the Card General Terms; or Section I . l4 of the TeleCheck Sewices Agreement.

6. We have assumed certain risks by agreeing ro provìde you with Card proccssing or check services. Accordingly, we may take certain act"ions to mitigate our risk, including termiuation of the Agreement, and,/or hold rnonies otherwise payable to you (see Card Processing General Terms in Section 30, Term; Evens ofDefault anci Section 31. Reserve Account; Security Interest). (see TeleCheck Services Agreement in Sectit¡ns l.l. 1.3.2, 1.3.9, 1.6), uncler celtain circumstallces.

7. By executing this Agreement wíth us you are aurhorizing us and our A[filiates to obtain financial and credit informalion regarding your business and ihe signers and guarantors of the Agreeineiri untíl all youi obligations to us and oÌrr
^fïiliares
are satisfied.

8. TheAgreernent contalns a prc.risicn that Ín the event you terminatc ihe Agreernent prior t-o the cxpirat-ion of your initial three (3) year terrn, you will be responsible ['or the payment o[an early r.ermination fee as set forrh in Part IV, ,A.3 under "Additional Fee Information" and Section I of the TeleCheck Services A¡4reement.

9. lf you lease equipment from Processor,, it is importanl that you revie] ¡ Section I in lhi¡d Party Agreements. Ba¡rk is not a parry ro this Agreemenr.

THIS IS A NON-CANCELABLE LEASE FOR THE FULL TERM IND]CATED.

10. Card Organization Disclosure
Visa and MasterCard Member Bank lnformation:Wells Fargo Bank N.A.

Tlle Bank's mailing address is 1200 Montego, Walnut Creek, CA 94598, and its phone nurnber is (925) 7+6-4143. lmportant Member Bank Responsibilities: tmportant Merchant Responsibilities:
a) theBankistheonlyentityapprovedtoextendacceptanceofVisa a) EnsurecompliancewithCardholderdatasecurityandstoragerequiremenrs. and MasterCard products directly to a merchant. b) Maintain fraud ancl chargebacks below Card organizarion rhresholds. b) The Bank must be a principal (signer) to the Agrcement. c) Review and understand the rerms o[ the Merchant Agreement. c) The Bank is responsible for educating merchants on pertinenr Visa d) Compty with Card Organization Rules and applicable law and regularions. and MasterCarcl rules rvith which merchants must comply; bur this e) Retain a signed copy of this Disclosure page. inlirrmation may be provided to you by Process<>r
rì TL.-Þ--r, i-,^-h^--ilr^ r^-^-J -..-, ^-^..ir^"-,,,^-^-, r,,-r- ¡^ 0 ."-"-lllldownload,visaRlgulations" fromvisa'swebsiteat:
û j i nC ìtanK Ì3 ic--'ponsìûic iûí anc' nu:)i Pioviiic scii.icmcni iUnûs iO i¡tip>.¡7usa.visa.uo¡rv'sUppuii./¡uc¡charr'r.Liíri. the merchant- g) You may download. "MasterCard Regulations" from MasrerCard's website ar:
e) The Bank is responsible for all funds held in reserve that are http://www.mastercard.com/us/rnerchanu/sunport/rules.html. derived from settlement' h) You may dolrrnload "American Express ñf erchanr operating Guide" f¡om f) the Bank is the ultimare authority shoul<l a merchanr have any American Express'website at: www.americanexpress.com/merchantopguide. problems with Visa or MasterCard products (however, P¡ocessor also will assist you with any such problems).

Prínt Client's Business Legal
By its signature below, Client acknowledges that ¡t received the Merchant Processing Application, ProgramTerms and Conditions [version OmahaWF I 904(ia)l consisting of 52 pages [including th¡s Conf¡rmat¡on Page and the applicable Third Party Agreement(s)].

Client further acknowledges reading and agreeing to all terms in the Program Terms and Conditions. Upon receipt of a signed facsimite or original of this Confirmation Page by us, Client's Application will be processed.

NO ALTERATIONS OR STRIKE.OUTSTOTHE PROGRAMTERMSAND CONDITIONSwlLL BEACCEPTED.

Client's Business Principal:

Signature (Please s¡gn betow):
x Ci[4 lú/toø-r".",a(
Éi" d^o,.,.. ð-\¡'t \"lo a,rL"-'f
Please Print Nalne of Signer
OmahaWF1904(ia)
Title J Date

EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you wìll receive an email from the City's online insurance program requesting you to fonnard the email to your ínsurance provide(s) to submìt the required insurance documentation electronically ; lnsurance Requirements for lT Vendor Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercia! General Liability (CGL): lnsurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. lf a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation (lSO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non- owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employe/s Liability lnsurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Gyber Liability lnsurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

Other lnsurance Provisions:
(a) Additional Named lnsured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1 1 85 or if not available, through the addition of both CG 20 10, ÇG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used
(b) Primary and Non-Contributorv lnsurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO GG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
(c) Waiver of Subroqation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the ![ILllE-KlDLmust be shown along with (a) and (b) and (c) above: 221West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the proiect that it is insuring.
(d) Severabilitv of lnterest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to inc .
(e) Notice of Cancellation or Change in Coveraqe Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. (f) Continuity of Coveraoe
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. lf Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (Califomia Government Code Section 810 et seq.). (S) Failure to Comoly
lf Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coveraqe
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CiÇ before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date.
(¡) Self-lnsured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. ü) lnsurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's offlcers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (l) Claims Made Policies
lf any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. lnsurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. lf coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.
(m) Qualifiedlnsurer{s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, Vl" by the AM Best Ratings Guide, and which are acceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of Califomia eligible surplus lines insurers (LESLI list) and othenruise meet City requirements.

Page2 | of2 pages I Risk: rev. 31112018
RESOLUTION NO. 2022-__

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE A THREE-YEAR AGREEMENT WITH

CARDKNOX DEVELOPMENT INCORPORATED, OF HOWELL, NEW JERSEY,

NYM SERVICES DBA FIDELITY PAYMENT SERVICES, OF BROOKLYN,

NEW YORK, FOR ONLINE AND POINT-OF-SALE CREDIT/DEBIT

TRANSACTIONS IN CONJUNCTION WITH THE PERMIT, PROJECT, AND CODE CASE TRAKIT SOFTWARE; AND FURTHER APPROPRIATING FUNDS ========================================================================

WHEREAS, the City of Lodi implemented the TRAKiT Software in January 2020 and now wishes to implement the online portal; and

WHEREAS, since March 2020 customers have only been able to pay fees with a check , and the online portal will allow customers to pay fees through the soft ware via a debit or credit card either online or at the point of sale; and

WHEREAS, staff believes this new online portal will increase the current demand for credit card usage, which will in turn increase budget needs to plus or minus $25,000 per year; and

WHEREAS, Cardknox Development Incorporated is an authorized service dealer for the TRAKiT system; and

WHEREAS, staff recommends that the City Council authorize the City Manager to execute a three- year agreement with Cardknox Development Incorporated, of Howell , New Jersey, NYM Services DBA Fidelity Payment Services, of Brooklyn, New York, for online and point-of-sale credit/debit transactions in conjunction with the TRAKiT Software; and

WHEREAS, staff also recommends that the City Council appropriate an additional $10,000 from the Community Development Special Revenue Fund for additional bank service charges that could be incurred through this program that was not considered in the 2022 budget.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Counci l does hereby authorize the City Manager to execute a three- year agreement with Cardknox Development Incorporated, of Howell , New Jersey, NYM Services DBA Fidelity Payment Services, of Brooklyn, New York, for online and point-of-sale credit/debit transactions in conjunction with the TRAKiT Software; and

BE IT FURTHER RESOLVED that funds in the amount of $10,000 be appropriated to account 27081000.72312 to supplement the current budgeted amount in that account.

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary; and

Dated: February 16, 2022
========================================================================

I hereby certi fy that Resolution No. 2022-__ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022 by the following votes:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-_____
AGENDA ITEM C-18
APPRO
VED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AGE
NDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Service Agreement with Tyler Technologies, Inc., of Yarmouth, Maine and Appropriate Funds of ($116,502)
MEET
ING DATE: February 16, 2022
PRE
PARED BY: Deputy City Manager
RECO
MMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 1 to Service Agreement with Tyler Technologies, Inc., of Yarmouth, Maine, and appropriate funds in the amount of $116,502

BACKGRO
UND INFORMATION: On August 7, 2019, Council adopted a resolution approving the City to move to a software as a service (SaaS) relationship with Tyler Technologies, Inc. and authorized the City Manager to execute a three-year agreement that included automatic annual renewals. The agreement included one-year of PACE training for City employees with additional years quoted at $11,775 annually.

On D
ecember 1, 2021, Council adopted a resolution authorizing the City Manager to execute Amendment No. 2 to the Service Agreement with Tyler Technologies, Inc. adding additional funds to the existing agreement to ratify expenditures to date for PACE training and provide funds for 2022 in the amount of $24,757, for a total agreement amount of $724,341.

Cur
rently, the Police Department has complex time entry needs due to various shifts and regular cross supervision of staff necessary to execute department operations. The current software the City uses, Employee Self Service (ESS), does not have all of the functionalities that are needed for the Police Department to efficiently schedule shifts, track hours worked, and meet the needs to be in compliance with payroll requirements. Tyler Technologies, Inc. offers a licensed third-party advanced scheduling software that will combine all the needs of the Police Department into one. Additionally, Amendment No. 2 would add funds to the existing agreement, in the amount of $116,502, for a total agreement amount of $840,843. The functionality offered by Executime will also be utilized by other departments to meet the payroll needs of the City, replacing ESS.

St
aff recommends authorizing City Manager to execute Amendment No. 2 to Service Agreement with Tyler Technologies, Inc., of Yarmouth, Maine, in the amount of $116,502 for added services.

FIS
CAL IMPACT: The implementation of Executime will ensure payroll timesheets are reported accurately and timely. This amendment does impact the General Fund.

FU
NDING AVAILABLE: Staff requests an appropriation of funds in the amount of $116,502 into 10020400-72499

____________________________________
Andrew Keys
Deputy City Manager
AK/MM/tc
Attachment

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE SERVICE
AGREEMENT WITH TYLER TECHNOLOGIES, INC., OF YARMOUTH, MAINE;

AND FURTHER APPROPRIATING FUNDS
========================================================================

WHEREAS, on August 7, 2019, Council approved the City’s move to a software as a service (SaaS) relationship with Tyler Technologies, Inc. , and authorized the City Manager to execute a three-year agreement that included automatic annual renewals and one year of PACE training for City employees, with additional years quoted at $11,775 annually; and

WHEREAS, on December 1, 2021, Council authorized the City Manager to execute Amendment No. 1 to the Service Agreement, adding additional funds to the existing agreement to ratify expenditures to date for PACE training and provide funds for 2022 in the amount of $24,757, for a total agreement amount of $724,341; and

WHEREAS, currently, the Police Department has complex time entry needs due to various shifts and regular cross s upervision of staff necessary to execute department operations. The current software the City uses, Employee Self Service (ESS), does not have all the functionalities that are needed for the Police Department to efficiently schedule shifts, track hours worked, and meet the needs to be in compliance with payroll requirements; and

WHEREAS, Tyler Technologies, Inc., offers a licensed third- party advanced scheduling software that will combine all the needs of the Police Department into one; and

WHEREAS, the functionality offered by Executime will also be used by other departments to meet payroll needs, replacing ESS. Amendment No. 2 would also add additional funds to the existing agreement in the amount of $116,502, for a total agreement amount of $840,843.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 2 to the Service Agreement with Tyler Technologies, Inc., of Yarmouth, Maine, in the amount of $116,502 for added services; and

BET IT FURTHER RESOLVED that funds in the amount of $116,502 be appropriated to account 10020400.72499; and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019 -223), the City Attorney is hereby authorized to make minor revisions to the above-referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: February 16, 2022
========================================================================

I hereby certify that Res olution No. 2022- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk
2022-____
AGENDA ITEM C-19
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION
AG
ENDA TITLE: Adopt Resolution Ratifying Expenditures ($14,351) and Authorizing Automatic Annual Renewal of Agreement with TextPower, Inc. for Electric Outage Notifications ($10,000/Year)
M
EETING DATE: February 16, 2022
P
REPARED BY: Electric Utility Director
RECOMMENDED ACTION: Adopt a resolution ratifying expenditures in the amount of $14,351 and authorizing the automatic annual renewal of an Agreement with TextPower, Inc. for electric outage notifications in an amount not to exceed $10,000 per year.

BACKGROUND INFORMATION: On June 19, 2019, City Council authorized Lodi Electric Utility (LEU) to implement a new Outage Management System (OMS) to help pinpoint outage locations, facilitate dispatch of crews and allow customers to stay informed with outage updates.

A
s part of the OMS system, LEU, under the Director’s purchasing authority, executed a two-year Agreement with TextPower, Inc. from February 24, 2020 to February 24, 2022 for software and services to support text messaging capabilities related to system outages. The Agreement includes an automatic annual renewal provision at the end of the two-year term.

T
his automated text messaging function provided by TextPower, Inc. has proven very useful in keeping customers informed on outage updates since execution of the Agreement. Staff therefore recommends City Council ratify expenditures under this Agreement in the amount of $14,351 and authorize the automatic annual renewal of the Agreement with TextPower, Inc. in an amount not to exceed $10,000 per year. Under the terms of the Agreement, LEU has the ability to terminate the Agreement with written notice 30 days prior the renewal date.

F
ISCAL IMPACT: $14,351 has been expended to date. Future costs associated with the Agreement shall not exceed $10,000 per year.

F
UNDING AVAILABLE: Sufficient funds are available and will continue to be budgeted annually as part of the annual budget process in LEU’s Engineering Account No. 50061500.72450.
______________________________________

Andrew Keys
Deputy City Manager/Internal Services Director
________________________________

Jeff Berkheimer
Electric Utility Director

RESOLUTION NO. 2022 -____

A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING EXPENDITURES

AND AUTHORIZING AUTOMATIC ANNUAL RENEWAL OF AGREEMENT
WITH TEXTPOWER, INC., OF SAN JUAN CAPISTRANO, FOR ELECTRIC

OUTAGE NOTIFICATIONS
========================================================================

WHEREAS, on June 19, 2019, City Council authorized Lodi Electric Utility (LEU) to implement a new Outage Management System (OMS) to help pinpoint outage locations, facilitate dispatch of crews, and allow customers to stay informed with outage updates; and

WHEREAS, as part of the OMS system, LEU, under the Director’s purchasing authority, executed a two-year Agreement with TextPower, Inc. , from February 24, 2020 to February 24, 2022 for software and services to support text messaging capabilities related to system outages; and the Agreement includes an automatic annual renewal provision at the end of the two- year term; and

WHEREAS, this automated text messaging function provided by TextPower, Inc. , has proven very useful in keeping customers informed on outage updates since execution of the Agreement; and

WHEREAS, staff recommends City Council ratify expenditures under this Agreement in the amount of $14,351 and authorize the automatic annual renewal of the Agreement with TextPower, Inc., in an amount not to exceed $10,000 per year; and

WHEREAS, u nder the terms of the Agreement, LEU has the ability to terminate the Agreement with written notice 30 days prior the renewal date.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby ratify expenditures in the amount of $14,351 and authorize the automatic annual renewal of the Agreement for Software and Services with TextPower, Inc. , of San Juan Capistrano, California, for electric outage notifications in an amount not to exceed $10,000 per year; and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor r evisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: February 16, 2022
======================================================================== I hereby certify that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held on February 16, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
AGENDA ITEM C-20
APPR
OVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Accepting Grant Funds from the State of California for Tony Zupo Field Fire Restoration Project and Appropriate $750,000 M
EETING DATE: February 16, 2022
P
REPARED BY: Parks, Recreation and Cultural Services (PRCS) Director RE
COMMENDED ACTION: Adopt resolution accepting grant funds from the State of California for Tony Zupo Field Fire Restoration Project and Appropriate $750,0000
B
ACKGROUND INFORMATION: Tony Zupo Field, located at 350 N. Washington Street, was damaged by an arson fire in September 2019. Assembly
member Jim Cooper (D-Elk Grove) successfully advocated
to Legislature to award the City $750,000 to help rebuild Tony Zupo Field’s baseball field, dugouts, press box and grandstands. Plans and specifications are underway and the City anticipates bidding the project in late summer/fall of 2022.

T
he project shall provide replacement improvements to grandstand, press box and associated facilities as a result of the fire. The work shall consist of removal and disposal of existing I- Beams, concrete footings, rip-rap retaining wall, asphalt paving and non-accessible raised bleachers as well as covered accessible grandstands and press box with concrete caisson footing and flat work; accessible concrete path of travel to new grandstand area, existing restrooms and accessible team dugout locations. Upgrades shall be made to underground utilities (water, storm, electrical and sewer) along with LED security lighting, conduits, conductors, Keystone retaining wall system, backstop skirting, P.A. system replacement and other miscellaneous items.

F
unding to complete the project will include grant funds from the State of California, Parks capital funding and forthcoming funds from the City’s insurance company as discussions are underway.

F
ISCAL IMPACT: Funding will help replace fire damaged structures and bring facility to current ADA code compliance.

Adopt Resolution Accepting General Fund Grant Funds from the State of California for Tony Zupo Field Fire Restoration Project ($750,000) January 19, 2022

FUNDING AVAILABLE: State of California General Fund Grant Funds - $750,000 43200000.56005 (revenue)
43299000.77020 (expense) PKCP-22004.Contracts

Andrew Keys
Deputy City Manager/Internal Services Director

_______________________________
Christina Jaromay
Parks, Recreation and Cultural Services Director

CJ:MM\tl

cc: City Attorney

Attachment(s)
Project Title: #193
District Nos: 2 Project Length multi-year Priority High Expenditure Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Contracts 77,567$ 1,897,440$ 1,975,007$
Miscellaneous -$ 250,000$ 250,000$
Internal Staff -$ 30,000$ 30,000$ 30,000$ 30,000$ 90,000$ 210,000$ Miscellaneous -$ 105,000$ 1,200,000$ 650,000$ 700,000$ 1,245,000$ 3,900,000$ Total Capital Costs 77,567$ -$ 2,177,440$ 105,000$ 1,230,000$ 680,000$ 730,000$ 1,335,000$ 6,335,007$ Funding Source(s) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
200 - Parks Operating 13,237$ 13,237$
432 - Parks&Rec Capital -$ 1,155,000$ 105,000$ 1,230,000$ 680,000$ 730,000$ 1,335,000$ 5,235,000$ 660 - General Liability 64,330$ 1,022,440$ 1,086,770$ Total Project Financing 77,567$ -$ 2,177,440$ 105,000$ 1,230,000$ 680,000$ 730,000$ 1,335,000$ 6,335,007$ Section IV
Operating Cost or (savings) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Personnel -$ -$
Other Operating Costs -$ -$
Total Operating Impact -$ -$ -$ -$ -$ -$ -$ -$ -$ Operating Budget Impact
Capital Improvement Plan
FY 2021-2022
Phase 1--#15 (conceptual plan)-Construct new bullpen areas at the end of the new dugouts, Phase 1--16 (conceptual plan) Replace out of play baseline chain link fencing on on 1st and 3rd base sides (In total #15 and #16 cost $105,000 *misc-currently looking at funding through donations pushed out to FY 2023) --Future Phases include Phase 2 ($900K-$1.2 mill), Phase 3 ($550K-$650K), Phase 4 ($600K-$700K), Phase 5 ($450K to $525K), Phase 6 ($325K-$400K), and Phase 7 ($280K-$320K) *calling all future phases Miscellaneous (see attachment for Phase 2-7 details)
Additional Information
On Sept. 16, 2020 at the regular city council meeting, staff updated council members on Tony Zupo Field regarding insurance settlement projects, ADA compliance and building code requirements related to the arson fire that destroyed the main grandstand area, storage room space and press box. Based off of that meeting the consensus was to restore Tony Zupo Field up to current building code requirements.

Justification/factor driving project
Repair and restore the grandstand, press box, storage rooms, backstop, underground infrastructure, and path of travel needs all of which are insurance items most of which will be coverd by the insurance policy. Additional construction not covered by the insurance deductible includes: Washington Street improvements, storm water and pavement, construction of new bull pen areas at the ends of the new proposed accessible dugouts, replacement of out of play baseline chain link fencing on the first and third base sides, underground utilities (storm, electrical, water and sewer) and miscellaneoous concrete flat work.

Tony Zupo Field PKCP-22004Munis Project Code:

Section I: Description
Section II: Estimated Project Costs
Section III: Funding Sources/Methods of Financing
25 S. SAMPLE GRANT AGREEMENT

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

GRANT AGREEMENT
Grantee Name: Insert Here

Project Title: Insert Here

Agreement Number: XXXXXX-0

Authority: Budget Act of 2021 (Chapters 21, 69, and 240, Statutes of 2021)

Program: General Fund Specified Grant Projects

PROJECT DESCRIPTION

Brief Project Description

A detailed project scope and activities, project schedule and project budget are described and attached hereto as Exhibit A.

Grant Funds are to be used to support capital asset projects in accordance with the provisions contained in the Procedural Guide for General Fund Specified Grant Projects and this Agreement.

TERMS AND CONDITIONS OF GRANT

Special Provisions

Special Provisions, if applicable. EXAMPLES ONLY: (see other Sample Special Provisions in B&G/Procedures– Various/Preparation of Grant Agreement)

1. The Grantee may be required to record Deed Restrictions, incorporating by reference this G rant Agreement and giving public notice that the Grantee received funds under this Agreement in order to assist Grantee in acquiring or developing the real property and that, in consideration for the receipt of the Grant Funds, the Grantee has agreed to the terms of this Agreement.

2. As a condition precedent to the State’s obligation to deposit funds into escrow or to provide reimbursement related to the Acquisition, the Grantee shall have obtained approval of the language contained in the grant deed by the Natural Resources Agency. Said deed shall include the State’s required protections, restrictions of use and subsequent transfer requirements.

3. The State Department of General Services (DGS) may review and approve in writing all documents pertaining to the Grantee’s Acquisition of real property, including any preliminary title reports, agreements for purchase and sale, escrow instructions and the instruments of conveyance prior to the release of any Grant Funds. Such review and approval by the State shall be timely and shall not be unreasonably withheld.

4. DGS shall review and approve in writing the appraisal of the real property.

5. The Grantee agrees to pay DGS directly the amount invoiced by DGS for services rendered for its review of the appraisal, transaction review, or other related activities as described above. Should the Grantee fail to pay DGS, the State is authorized to pay DGS by directly transferring from the Grant Funds the amount invoiced by DGS. The State will notify the Grantee at the tim e of the transfer and provide a copy of the appraisal review letter and invoice upon receipt.

26 6. Insert if more than one escrow is anticipated: The Grantee agrees that all parcels to be acquired by this project will have concurrent escrows.

7. Insert if the Grantee is a nonprofit: If the Grantee is a nonprofit organization and ceases to exist, all of its rights, title and interest in the real property shall vest in the State of California. The State may, at its discretion, identify an appropriate public or private entity to accept the right, title and interest in the real property in lieu of the State.

8. If Grantee is a federally recognized Indian Tribe replace Section F below with the following: Grantee’s Limited Waiver of Sovereign Immunity and Hold Harmless

a. The Parties acknowledge that Grantee is a federally recognized Indian tribe and, as such, possesses sovereign immunity from suit. Nothing in this Grant Agreement is or shall be deemed to be a waiver of Grantee’s sovereign immunity from suit, which immunity is expressly asserted, except for the limited waiver set forth in this section.

b. Limited Waiver of Sovereign Immunity and hold harmless. Notwithstanding any other provision in this Agreement (including, without limitation, any provision of any Exhibit incorporated in this Agreement by reference) to the contrary, nothing in this Agreement shall be deemed to be a general waiver of Grantee’s sovereign immunity from suit, which immunity is ex pressly asserted. Provided, however, that Grantee hereby expressly, unequivocally, and irrevocably provides a limited waiver of sovereign immunity from suit to allow the Natural Resources Agency to exercise all of its rights under the terms of this Agreement, and Grantee consents to suit in any court of the State of California for any claim to interpret or to enforce this Agreement. This shall include the right to contribution for loss of damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents and employees.

c. Grantee shall indemnify, hold harmless State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project, which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. Under this indemnification provision, Grantee shall not be responsible for defending State in court but shall reimburse for actual invoiced costs associated with the defense.

Grantee and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

9. If Planned transfer of property: The State is aware of and approves a subsequent conveyance of the property to the Long-Term Landowner Name. Such approval is contingent, however, upon the Long-Term Landowner Name’s written commitment to:

a. Accept title to the property, and

b. Provide for the long-term operations and maintenance of the property for the uses intended by this grant program as specified in the grant agreement.

10. As conditions precedent to the State’s obligation to make any construction or acquisition funding available pursuant to this Agreement, Grantee shall first provide evidence of compliance with CEQA by XX/XX/20XX.

11. Insert if nonprofit: If the Grantee is a nonprofit organization and ceases to exist, all of its rights, title and interest in the real property shall vest in the State of California. The State may, at its discretion, identify an appropriate public or private entity to accept the right, title, and interest in the real property in lieu of the State.

12. Insert if grantee has not yet obtained land tenure/site control: As conditions precedent to the State’s obligation to make any funding available pursuant to this A greement, Grantee shall first provide evidence of adequate land tenure and evidence that the project will be operated and maintained for a minimum of __ years satisfactory to the State for all land to be improved under this Agreement. 27 General Provisions

A. Definitions

1. The term "Act" means Budget Act of 2021 (Chapters 21, 69, and 240, Statutes of 2021).

2. The term “Acquisition” means obtaining a fee interest or any other interest, including easements, leases, and development rights.

3. The term “Agreement” means this Grant Agreement.

4. The term “Application” means the Project Information Package and any applicable materials supplied by grantee to the State pursuant to the Application Guidelines.

5. The term “Application Guidelines” means the Procedural Guide for General Fund Specified Grant Projects.

6. The term “Development” means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities.

7. The term “Fair Market Value” means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS).

8. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement.

9. The term “Grant Agreement” means a contractual arrangement between the State and Grantee specifying the payment of funds by t he State for the performance of specific project objectives within a specific project performance period by the Grantee.

10. The term "Grantee" means an entity who has a signed agreement for grant funds.

11. The term “Interpretation” means visitor-serving amenities that communicate the significance and value of natural, historical, and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities.

12. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the project beyond the grant funds provided by this Agreement.

13. The term “Payment Request Form” means Form RA212.

14. The term "Project" means the acquisition or development activity described in the Application as modified by Exhibit A to be accomplished with grant funds.

15. The term “Project Budget” means the State approved cost estimate included as Exhibit A to this Agreement.

16. The term “Project Scope” means the description or activity for work to be accomplished by the project.

17. The term “Public Agency” means any State of California department or agency, a county, city, public district, or public agency formed under California law.

18. The term "State" means the Secretary for California Natural Resources or his/her representatives, or other political subdivision of the State.

B. Project Execution

1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the 28 sum be expended in carrying out the purposes as set forth in the description of project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement.

2. Grantee shall furnish any and all additional funds that may be necessary to complete the project.

3. Grantee shall complete the project in accordance with the Project Performance Period set forth on the signature page, unless an extension has been formally granted by the State and under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond March 1, 2026.

4. Grantee shall at all times ensure that project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code Regs tit. 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits. Grant funds will not be disbursed before the close of the period for legal challenge under CEQA.

Grant funds for planning and document preparation may be available sooner if included in the grant project scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within one (1) year from the Grant Agreement start date, unless an extension is granted by the State.

Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the General Fund Specified Grant Project and is consistent with the intent cited in the original Application.

If a grantee's project is disapproved on grounds related to the California Natural Resource Agency's CEQA determination, the grantee shall have the option of either: (1) reimbursing the Natural Resources Agency for all state -reimbursed preliminary cos ts (e.g., planning, design, etc.), or (2) relinquishing any planning/design documents, including all copies, reproductions, and variations resulting from said funding, without a license to use or otherwise retain in any form.

5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.

6. Grantee certifies that the project does and will continue to comply with all current laws and regulations which apply to the project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Grantee certifies that, prior to commencement of construction; all applicable permits and licenses (e.g., state contractor’s license) will have been obtained.

7. Grantee shall provide access by the State upon 24-hours’ notice to determine if project work is in accordance with the approved project scope, including a final inspection upon project completion.

8. Grantee agrees to comply with all applicable state and local laws or ordinances that apply to relocation and real property acquisition by Public Agencies.

9. Lands acquired with Grant Funds from this Agreement shall be acquired from a willing seller of the land at a price not to exceed Fair Market Value. Any acquisition of Project lands by Grantee following award shall not involve eminent domain proceedings or threat of eminent domain proceedings.

10. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original project scope per Exhibit A and the Application. Changes in project scope must continue to meet the need cited in the original Application or they will not be approved. Any modification or alteration in the project as set forth in the Application on file with the State must be submitted to the State for approval. Any modification or alteration in the project must also comply with all current laws and regulations, including but not limited to CEQA.

11. Grantee shall provide for public access and/or educational features where feasible.

12. Grantee must have (1) fee title, (2) leasehold, or (3) other interest to project lands and demonstrate to the satisfaction of the State that the proposed project will provide public benefits that are commensurate with the type and duration of the interest in land.
29 13. Grantee shall promptly provide photographs of the site during and after implementation of project at the request of the State.

C. Project Costs

1. Any Grant Funds provided to Grantee under this Agreement for Acquisition of real property will be disbursed for eligible costs as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:

a. The State approved purchase price, together with the State approved costs of Acquisition, within sixty (60) days of close of escrow. All disbursements are subject to up to ten percent (10%) withhold pending Project completion, the final close-out site visit by the State, completion of the conditions described in Sections 3, D.6 and D.7 below and all Special Conditions set forth in this Agreement.

b. Costs of obtaining approval of the purchase price and transaction review from the DGS. The amount disbursed by the State in any event shall not exceed the amount set forth on the signature page of this Agreement. The remainder of the Grant Funds, if any, shall be available on a reimbursable basis.

2. Requests for advance payment of Grant Funds into escrow must be submitted via a completed Payment Request Form and be accompanied by a letter requesting funds be deposited to escrow on the Grantee’s letterhead, containing all of the following:

a. Name and address of Grantee.

b. Number of Agreement.

c. Dollar amount of disbursement requested.

d. Name, address and telephone number of the title company or escrow holder, and the escrow account number to which the Grant Funds will be disbursed.

e. A statement by Grantee that all funds (exclusive of the Grant Funds to be provided under this Agreement) needed for completion of Acquisition of the real property have been secured and have been or will be deposited to escrow at or about the same date as the requested Grant Funds. In making this statement, Grantee shall be entitled to reasonably rely on the representations of the transferor of the real property.

f. Anticipated close of escrow date.

The letter shall be accompanied by a Payee Data Record (Form 204) completed for and by the escrow company.

3. Requests for payment of Grant Funds on a reimbursable basis for Acquisitions shall include all of the following:

a. Complete Payment Request Form.

b. Buyer’s closing statement.

c. Copies of recorded Memoranda of Unrecorded Grant Agreement/Deed Restrictions.

d. Policy of title insurance.

e. Project Certification Form (if the Project is complete and payment in full is requested).

f. Evidence of compliance with signage requirement.

g. Summary report of final total Project expenditures.

30 4. Grant funds provided to Grantee under this Agreement for Development will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:

a. Approved direct management costs or construction and development costs. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the project.

b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State.

c. Advance payments may be made at the discretion of the State.

d. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely for the Project herein described.

5. Payment Documentation:

a. All payment requests must be submitted using a completed Payment Request Form. This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, line-item description as described in the project budget approved by the State and amounts.

Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made.

b. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.

6. Grant funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement.

7. The State reserves the right to request reimbursement of any funds spent on the project, even funds deemed eligible costs, if the project is not completed in accordance with the Grant Agreement and the guidelines.

8. Except as otherwise provided herein, the Grantee shall expend grant funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the project budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State.

However, the Grantee shall notify the State in writing when any such reallocation is made and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved by the State. In any event, the total amount of the grant funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines.

D. Project Administration

1. Grantee shall promptly provide project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final project expenditures with the final payment request and required closing documents.

2. Grantee shall make property and facilities acquired or developed pursuant to this A greement available for inspection upon request by the State.

3. Grantee shall use any income earned by the Grantee from use of the project to further project purposes, or, if approved by the State, for related purposes within the jurisdiction.

31 4. If Grant Funds are advanced, the Grantee shall place these Funds in a separate interest -bearing account, setting up and identifying such account prior to the advance. Interest earned on Grant Funds shall be used on the Project, as approved by the State. Any overpayment of Grant Funds in excess of final project costs shall be returned to the State within sixty (60) days of completion of the Project or the end of the Project performance period as shown on the signature page, whichever is earlier.

5. Grantee shall submit all documentation for project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of project completion, but in no event any later than March 1, 2026.

6. Final payment is contingent upon State verification that project is consistent with project scope as described in Exhibit A, together with any State approved amendments.

7. This Agreement may be amended by mutual agreement in writing between Grantee and State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request.

The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment.

8. Grantee must report to the State all sources of other funds for the project.

E. Project Termination

1. The State reserves the right to terminate a Grant Agreement for any reason at any time. There are no vested rights or entitlements to funding that a Grantee can or should rely upon, and once a notice of termination is provided to the Grantee, only authorized and eligible work prior to that notification of termination will be paid by the State.

2. Prior to the completion of project construction, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by Grantee which affects performance of this or any other grant agreement or contract entered into with the State.

3. If the State terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non- cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.

4. If the Grantee fails to complete the project in accordance with this A greement, or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State’s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.

5. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder.

6. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.

7. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the for the purposes as stated in the Application for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of grant funds under the provisions of this Agreement, the Grantee agrees that 32 payment by the Grantee to the State of an amount equal to the amount of the grant funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State.

F. Hold Harmless

1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents and employees.

2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the project, including development, construction, operation or maintenance of the property described in the project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its off icers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.

3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

G. Financial Records

1. Grantee shall maintain satisfactory financial accounts, documents and records for the project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents, and records for three (3) years after final payment and one (1) year following an audit.

2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.

3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State.

H. Use of Facilities

1. The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained.

2. Grantee shall maintain, operate, and use the project in fulfillment of the purpose funded pursuant to this grant for a minimum of XXXXXXX (XX) YEARS, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines. The Grantee, or the Grantee’s successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the project improvements and render the project obsolete or impracticable to rebuild.

3. Grantee shall use the property for the purposes for which the grant was made and shall make no other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property 33 from the Grantee to a Public Agency, if the successor public agency assumes the obligations imposed by this Agreement.

4. If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State’s sole discretion, an amount equal to (1) the amount of the Grant (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or ot herwise disposed of, whichever is greater, shall be reimbursed to the State.

5. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State.

6. The Grantee shall not use or allow the use of any portion of the real property as security for any debt.

I. Nondiscrimination

1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The appli cable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.).

Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant.

2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. The completed project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act.

J. Application Incorporation

The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.

K. Severability

If any provision of this Agreement or the Application thereof is held invalid, that invalidity shall not affect other provisions or a pplications of this A greement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

L. Waiver

No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different, or subsequent breach by either party.

34 M. Assignment

Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.

N. Disputes

If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:

1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evide nce to the Deputy Assistant Secretary for Bonds and Grants for the California Natural Resources Agency. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought. Withi n ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Shoul d the Grantee disagree with the Deputy Assistant Secretary’s decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency.

2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary’s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee’s original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary.

The Grantee’s letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary’s written decision. The Assistant Secretary or designee shall, within twenty (20) working days of receipt of Grantee’s letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final.

O. Audit Requirements

Grant projects are subject to audit by the State annually and for three (3) years following the final payment of grant funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the project for which the grant funds were granted.

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL

ACCEPTING GRANT FUNDS FROM THE STATE OF

CALIFORNIA FOR TONY ZUPO FIELD FIRE
RESTORATION PROJECT; AND FURTHER

APPROPRIATING FUNDS

========================================================================

WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and

WHEREAS, the California Natural Resources Agency has been del egated the responsibility for the administration of the grant project, setting up necessary procedures; and

WHEREAS, said procedures established by the California Natural Resources Agency require the Grantee to certify by resolution the approval of the Project Information Package before submission of said package to the State; and

WHEREAS, the Grantee will enter into an agreement with the State of California for subject project(s):

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council

1. Approves the acceptance of general fund allocation for local assistance for the above project(s); and

2. Certifies that said agency understands the assurances and certification in the Project Information Form; and

3. Certifies that said agency will have sufficient funds to develop, operate and maintain the project(s) consistent with the land tenure requirements; or will secure the resources to do so; and

4. Certifies that said agency will comply with the provisions of Section 1771 .5 of the California Labor Code; and

5. If applicable, certifies that the project will comply with any laws and regulation including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained.

6. Certifies that said agency has reviewed and understands the General Provisions contained in the Project Agreement shown in the Procedural Guide; and

7. Appoints the CITY MANAGER as agent to conduct all negotiations, execute and submit all documents including, but not limited to Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforem entioned project(s).

BE IT FURTHER RESOLVED that the Lodi City Council does hereby accept grant funds from the State of California for the Tony Zupo Field Fire Restoration Project; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate revenue in the amount of $750,000 to 43200000.56006 and appropriate expense in the amount of $750,000 to 43299000.77020, PKCP-22004.Contracts; and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: February 16, 2022
======================================================================== I hereby certify that Resolution No. 2022- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
AGENDA ITEM C-21
APPR
OVED: ____________________________________
Stephen Schwabauer, City Manager
council/councom/protocolreport.doc

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Accept Monthly Protocol Account Report Through January 31, 2022 M
EETING DATE: February 16, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Accept Monthly Protocol Account Report through January 31, 2022.

B
ACKGROUND INFORMATION: The City Council, at its meeting of July 19, 2000, adopted Resolution No. 2000-126 approving a policy relating to the City’s “Protocol Account.” As a part of this policy, it was directed that a monthly itemized report of the “Protocol Account” be provided to the City Council.

A
ttached please find the cumulative report through January 31, 2022.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: See attached.
___________________________

Pamela M. Farris
Assistant City Clerk
PMF
Attachment

\\cvcfilv01\administration$\Administration\CLERK\Finance\Misc\ProtocolSummary2021-22.doc Page 1

PROTOCOL ACCOUNT SUMMARY
FISCAL YEAR 2021-22
Cumulative Report through January 31, 2022

Date Vendor Description Amount Balance
Starting Bal.
$6,500.00
10/8/21 Cook’s Printing Name Plates for
Carnegie Forum
$197.83 $6,302.17
9/30/21 Costco Snacks for Council
Meetings
$79.14 $6,223.03
10/5/21 Staples Certificate Holders $23.97 $6,199.06
11/10/21 Creative Trophy &
Engraving
Plaques for Mayor &
Community Service
Awards
$119.28 $6,079.78
11/16/21 Kaylee Clayton Reimbursement for
Frosted Flour
$34.75 $6,045.03
11/23/21 Kaylee Clayton Smart & Final Napkins,
Plates & Cups for
Reorganization
$50.43 $5,994.60
11/23/21 Frosted Flour Desserts for
Reorganization
$114.90 $5,879.70
11/23/21 Save Mart Fruit Trays for
Reorganization
$59.98 $5,819.72
11/23/21 See’s Candy Chocolate for
Department Directors
$269.50 $5,550.22
12/1/21 Save Mart Refund for 1 Fruit Tray ($29.99) $5,580.21 12/1/21 Guiffra’s Wine Glass Rental for
Reorganization
$24.50 $5,555.71
1/18/22 Abrahamson Printing Business Cards $333.93 $5,221.78 1/19/22 Abrahamson Printing Business Cards $333.93 $4,887.85

Total
Expenditures:
($1,612.15)

Ending Bal.
$4,887.85
Prepared by: PMF
AGENDA ITEM C-22
APPROVED: _________________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\COUNCIL\2022\CC_ NOIC CalRecycle.doc

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Adopt Resolution of Notification of Intent to Comply with Senate Bill 1383 to CalRecycle
MEETING DATE: February 16, 2022
PREPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution of Notification of Intent to Comply with Senate Bill 1383 to CalRecycle.

BACKGROUND INFORMATION: CalRecycle has adopted regulations consistent with the mandates associated with Senate Bill 1383. The mandates are designed to achieve the organic waste reduction goals
established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of statewide disposal of organic waste from the 2014 level by 2020; and a 75 percent reduction in the level of statewide disposal of organic waste from the 2014 level by 2025.

The City is required to comply with these regulations to assist the State in achieving the organic waste reduction levels outlined above. The main requirements resulting from the regulations include the adoption of an enforcement ordinance, implementation of mandatory residential and commercial foodwaste collection and education and outreach. Jurisdictions are required to implement SB 1383 by January 1, 2022.

The State has recognized that many jurisdictions are facing challenges in implementing these requirements by the deadline. In response, Governor Newsom signed SB 619 into law to support local governments as they implement their organic waste recycling programs. The law authorized CalRecycle to waive civil penalties until January 1, 2023 if a jurisdiction submits a “Notification of Intent to Comply” for some or all of the regulatory requirements and implements the SB1383 requirements.

Notification of Intent to Comply must be submitted to CalRecycle by March 1, 2022.

Staff is currently working with Waste Management to provide substantial outreach to our customers regarding organics recycling requirements and anticipates residential organics recycling service to commence by January 1, 2023.

Staff recommends Council adopt a Resolution of Notification of Intent to Comply with Senate Bill 1383 to CalRecycle.

FISCAL IMPACT: Possible civil penalties for violation of failure to implement programs if Notification of Intent to Comply is not submitted.

FUNDING AVAILABLE: Not applicable.
_______________________________

Charles E. Swimley, Jr.

Public Works Director
CES/RAY/cd

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL ADOPTING

NOTIFICATION OF INTENT TO COMPLY TO CALRECYCLE

========================================================================

WHEREAS, CalRecycle, in consultation with the California Ai r Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and

WHEREAS, the City of Lodi is a local jurisdiction required to comply with the Regulations; and

WHEREAS, the City of Lodi is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year; and

WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer -term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; and

WHEREAS, the City of Lodi is a local jurisd iction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; and

WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meet s the requirements of the Statute; and

WHEREAS staff recommends authorizing the City Council to submit a Notification to Comply to CalRecycle.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby formally adopt the Notification of Intent to Comply attached as Exhibit “A”; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize and direct the Public Works Director, on its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to CalRecycle for approval pursuant to the Statute; and

BE IT FURTHER RESOLVED, by submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Lodi represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations; and

BE IT FURTHER RESOLVED that t he City of Lodi by and through its Public Works Director also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply.

Dated: February 16, 2022
======================================================================== I hereby certify that Resolution No. 202 2-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].

A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to [email protected].

A jurisdiction shall, at minimum, include the following in its notification:

1. A description, with specificity, of the continuing violations.

2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.

Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:

1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).

2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued.

CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s notification.

Please clearly print or type responses. Attach additional pages as necessary.

Jurisdiction Name: City of Lodi County:San Joaquin
Person Completing the Form:

First Name: Rebecca Last Name: Areida-Yadav
Title: Public Works Management Analyst
Mailing Address: P.O. Box 3006
City: Lodi Zip Code: 95241
Email Address: [email protected]
Phone Number: (209) 333-6706

1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.

Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.

(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
(H) 14 CCR section 18984.7 Container Color Requirements (I) 14 CCR section 18984.8 Container Labeling Requirements (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
(N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers (O) 14 CCR section 18988.3. Self-haulers of Organic Waste (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning (V) 14 CCR section 18992.2. Edible Food Recovery Capacity (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction

Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.

Example:
☒ (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section (1) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents Note:

City already provides mandatory greenwaste collection to all residents.

(2) 14 CCR section 18995.4 Enforcement by a Jurisdiction i. Not implementing city ordinance allowing for enforcement. Note: City is in process of drafting ordinance that will be taken for adoption in early 2022.

(3)
(4)
(5)

2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

The City has been in talks with its franchised hauler on the implemenation of mandatory foodwaste collection for residential customers. The implemenation of this mandatory service will require collection services to go from bi-weekly to weekly collection. This change in service level requires an amendment to the current franchise agreement. The City and franchise hauler are in talks and will be negotiating changes/amendments to this agreement. The increase in service levels will also require a change in the rates to residents and the City is currently waiting on the rate structure from its franchise hauler. This change in rates will require the City to perform a Proposition 218 process to adopt and implement the new organic collection rate structure.

The enforcement ordinance is currently being drafted and will be adopted in early 2022.

3. A description of the impacts of the COVID-19 pandemic on compliance.

The COVID-19 pandemic significantly delayed the planning process with both staff and the City's franchise hauler. The focus shifted from compliance with current and planning for future State regulations to reacting to the pandemic. Much of City staff and franchise hauler's time was spent on complying with public health guidelines and protocols as it related to the pandemic.

4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.

The City plans to conduct the Proposition 218 process to adopt residential organics rates in the second quarter of calendar year 2022 for implementation by January 1, 2023. Residential organics collection would begin the same time the rates are implemented on January 1, 2023.

The City's enforcment ordinance is being drafted and should be adopted no later than the third quarter of calendar year 2022 well in advance of the start of residential organics collection service.

I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.

------------------------------
Signature

------------------------------
Printed Name

------------------------------
Title

----------------------------
Date

Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.

Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:

TASK 2: Date to be completed:

TASK 3: Date to be completed:

Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:

TASK 2: Date to be completed:

EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents Action Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed:
4/7/2022
TASK 2: The city will work with its hauler to find a facility to accept mixed organic waste.

Date to be completed:
4/14/2022

Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Action: Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed:
4/21/2022
TASK 2: The city will work with its hauler to acquire and distribute appropriate containers to all commercial accounts. The city will obtain monthly reports from the hauler to monitor full distribution of carts.

Date to be completed:
4/28/2022

AGENDA ITEM C-23
APPR
OVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Adopt Resolution Amending Arts Commission By-Laws M
EETING DATE: February 16, 2022
P
REPARED BY: Parks, Recreation and Cultural Services Director RE
COMMENDED ACTION: Adopt resolution amending the Arts Commission By-Laws.

B
ACKGROUND INFORMATION: The Lodi Arts Commission, created by the City Council of the City of Lodi on March 17, 1982, currently holds seven Mayor appointed voting members and two ex-officio members from the Planning Commission, Parks and Recreation Commission, and/or Site Plan and Architectural Review Committee. Since November of 2017, the Lodi Arts Commission has been formatted in this way. The Lodi Arts Commission, along with the Parks, Recreation and Cultural Services Staff Liaison, promote and encourage programs to further the development and public awareness of, and interest in, the visual fine and performing arts and to act in the advisory capacity to the Lodi City Council in connection with the artistic and cultural development of the City.

T
he Lodi Arts Commission and Parks, Recreation and Cultural Services Department recommends the by-laws be amended so that all nine at-large members appointed by the City Council become members with voting rights instead of seven at-large members and two ex-officio members.

T
his recommended amendment would allow for more opportunity for community members to apply and be appointed along with filling the vacant positions from the ex-officio members that have been vacant since 2017.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
_______________________________

Christina Jaromay
Parks, Recreation and Cultural Services Director
CJ\JW:tl
c
c: City Attorney
A
ttachments: Draft of Proposed Arts Commission By-laws

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODl CITY COUNCIL AMENDING

ARTS COMMISSION BYLAWS
========================================================================

WHEREAS, the Arts Commission bylaws were last amended in 2017; and

WHEREAS, the Arts Commission Chair reviewed potential bylaw changes on January 7, 2022, and recommended the City Council adopt various changes to the bylaws; and

WHEREAS, the recommended changes permit all nine at -large members appointed by the City Council become mem bers with voting rights instead of seven at -large members and two ex-officio members.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby amend the Arts Commission Bylaws to those shown in Exhibit A; and

BE IT FURTHER RESOLVED pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: February 16, 2022
========================================================================

I hereby certify that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____

AGENDA ITEM C-24
APPR
OVED: _______________________________________
Stephen Schwabauer, City Manager
council/councom/Posting1.doc

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Post for Vacancy on Lodi Arts Commission
M
EETING DATE: February 16, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: P ost for vacancy on Lodi Arts Commission.

B
ACKGROUND INFORMATION: Due to a recent resignation, there is a vacancy on the Lodi Arts Commission. It is recommended that the City Council direct the City Clerk to post for this vacancy for a period of 30 days.

Government Code Section 54970 et seq. requires that the City Clerk post for vacancies to allow citizens interested in serving to submit an application.

POSTING:

Lodi Arts Commission
Lauren Caswell Term to expire July 1, 2021
F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
_________________________________

Pamela M. Farris
Assistant City Clerk

AGENDA ITEM C-25
APPR
OVED: ________________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Adopt Resolution Accepting the Fiscal Year 2020/21 Measure L Citizen’s Oversight Committee Annual Accountability Report and Accepting the Committee’s Recommendation to Create a One Page Flyer to Promote the Successes of Measure L
M
EETING DATE: February 16, 2022
P
REPARED BY: Budget Manager
RE
COMMENDED ACTION: Adopt resolution accepting the Fiscal Year 2020-21 Measure L Citizen’s Oversight Committee Annual Accountability Report and accepting the Committee’s recommendation to create a one page flyer to promote the successes of Measure L
B
ACKGROUND INFORMATION: Lodi Municipal Code Section 3.30.140 requires the City Council to cause preparation of an Annual Accountability report for expenditures of Measure L tax revenues received. The report is required to include the following:
a. T
he amount of revenue collected;
b. The amount and general purpose of expenditures made from this revenue by category LM
C Section 3.30.150 (A) establishes the Measure L Citizens’ Oversight Committee and charges the Committee to “have the duty and responsibility to review the annual accountability report and report its findings to the City Council and the citizens of the City.” T
he initial draft of the attached report was presented to the Committee at its meeting on October 18, 2021. A revised draft was presented to the Committee at its meeting on January 24, 2022. At that meeting, the Committee recommended the report to the City Council for the Council’s acceptance at a future meeting. Additionally, the Committee recommended the City Council approve creation of a one page bill insert to communicate to the citizens of Lodi the successes of the Measure L program in Fiscal Year 2020/21.

FI
SCAL IMPACT: There is no fiscal impact from accepting the Annual Accountability Report or preparing the one page flyer. Total cost for printing the flyer for every utility account are anticipated to be less than $4,000. Mailing costs for one page inserts are included within the existing cost of mailing utility bills.

F
UNDING AVAILABLE: Funding for production of the one page flyer is included in the Fiscal Year 2021/22 budget.
__________
________________________
Andrew Keys, Deputy City Manager

1 M easure L
FIS CAL YEAR 2020/21

ANNUAL ACCOUNTABILITY REPOR T
Measure L Citizen's Oversight
Committee Members
District 1 - Gary Woehl
District 2 - Terence Spring
District 3 - Phil Pennino
District 4 - Waqas Dad
District 5 - Elisa Bubak
Lodi Municipal Code 3.30.140 requires that the
City Council cause the preparation of an annual
accountability report (the ? Report? ) to be reviewed
by the Measure L Citizens? Oversight Committee.

The Committee is responsible to review the
Report and present findings to the City Council.

This report represents information for Fiscal Y ear
2020/21. Expenditures for the report period
include those for fire, police, library, streets and
capital.

Measure L was passed by the voters in
Lodi in November of 2018. The text
printed on the ballot for Measure L was
as follows: T o make neighborhoods safer,
maintain/improve essential C ity of L odi
services including: reducing crime; maintaining neighborhood police patrol/gang violence intervention/prevention; fixing potholes/city streets; maintaining neighborhood fire stations; enhancing rapid police/fire response times by restoring firefighter and adding police positions; maintaining recreation facilities/programs; and other general fund purposes; shall the C ity of L odi measure enacting an ongoing half cent local sales tax providing $5,400,000 annually, with independent citizen oversight, and funds spent locally . 2 Fiscal Year 2020/ 21 Measure L Revenue
COVID- 19 continued to impact local revenues throughout Fiscal Y ear 2020/21. The community used social distancing and other measures to slow the spread of Covid 19; many employees began working from home; Covid testing sites opened; Covid vaccines were distributed; and businesses slowly began reopening in compliance with new and evolving Covid- related recommendations.

With limited Covid-related sales tax data available and many unknowns, HdL Companies, the City? s sales tax consultants, rec- ommended a very conserv ative $5.5 million budget for FY21 Measure L revenues. By mid-year with additional data, the pro- jection increased to $6.9 million.Actual receipts were $8.4 million, far exceeding these earlier projections.

Stimulus packages along with online sales are the primary reasons for these significant increases in FY21 Measure L Sales T ax revenues:
- Multiple stimulus and relief packages were put in place to sustain the economy. The result of placing cash in hands of consumers was to boost sales/sales tax well beyond pre-COVID-19 levels:
- March 2020: Families First Corona Virus Relief Act ? enhanced paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.
- March 2020: Corona Virus Aid, Relief and Economic Security (CARES) Act ? additional $600/week unemploy- ment payments, later extended but reduced to $400/week; and, up to $1,200/person, and $500/child cash payments.
- December 2020: Covid-19 Economic Relief Bill - $900 billion attached to the Omnibus Budget Bill providing additional up to $600/person cash payment.
- March 2021: American Rescue Plan Act (ARPA) ? Additional up to $1,400/person cash payment, increased Child T ax Credit, and extended unemployment benefits until September 6, 2021. - AB 147, which took effect April 1, 2019, required online retailers selling in excess of $500,000 of goods annually to reg- ister and pay sales tax. As a Transaction and Use tax, all goods ordered online and delivered to Lodi are subject to the half-cent Measure L tax with 100% of that tax revenue going to the City of Lodi. As online sales increase, this legislation continues to have a significant impact on revenues. Additionally, Measure L earned $13,512 in interest earning and re- ceived $39,465 in reimbursement from the ARPA program for COVID leave balances used by Police and Fire staff funded by Measure L. Total Measure L revenue for FY 21 totaled $8,456,915 . 3 * Beginning fund balance includes $101,864 in encumbrances for safety equipment and vehicle purchases carried forward into F iscal Y ear 2020/21.
4 T able 2 represents the expenditures by S ervice T ype. Police expenditures totaled 57.18%; Fire 40.26%; Parks

1.96%; Library 0.25% and Homeless/Illegal Dumping Cleanup 0.36%. The budget for Measure L included a full time librarian. This position was recruited for in the second half of the fiscal year and filled in May 2021. Addi- tionally, at the mid-year budget review, City Council authorized Measure L to fund approximately 28% of a full time Streets Maintenance Worker and vehicle for homeless/illegal dumping cleanup in public right of ways.

The costs for the cleanup effort were also funded by the utility funds. Council also authorized an additional $100,000 for Parks tree trimming needs at the mid-year review, bringing the total for FY 21 to $180,000 .

T able 1 on the previous page shows revenues and expenditures and summarizes the Measure L fund balance as of J une 30, 2021. Also included is a chart of expenditures by C ategory. The chart shows that nearly 84% of the Measure L resources were spent on salary and benefits. Note that no Measure L funds are used toward PERS unfunded liability.

5 Fiscal Year 2020/ 21 Measure L Expendit ure Highlight s - 19 Police Officers
- 8 Firefighters
- 1 Librarian
- 1 Streets Maintenance Worker (28%)
A total of 28.3 full time positions were funded from Measure L during FY 21. As a result of better than anticipated performance, Measure L funded all public safety overtime and part-time costs; vehicle repairs and fuel. Addition- ally, Measure L funded a police vehicle that was rolled forward from FY 20. The City hired a new Librarian in May of 2020 for the first time since Measure L's passage. This position will be fully Measure L funded going forward and provide an increase in service at the Lodi Public Library.

For Fiscal year 2020/21, Parks was able to trim over 240 trees, including removing dangerous and failing trees at Henry Glaves, Lodi Lake, Century and Peterson Parks. Additionally, nearly all trees at Lodi Lake had their health re- viewed by a professional arborist. Prior to the approval of Measure L, the City did not have a preventative tree maintenance funding program due to insufficient resources. Measure L is doing its part to improve parks and make them safer and more available to the public.
- 1 Homeless/Illegal Dumping Cleanup
Vehicle (28%)
- Parks tree trimming
- Safety equipment and training to
support Police and Fire operations
6 projected increase in general tax revenues Citywide and would not have been possible without Measure L.

In addition, the first budgeted transfer from the General Fund to the PRCS Capital Fund in over 15 years was approved in the amount of $400,000 for Fiscal year 2021/22 using Measure L resources. It is antici- pated that this level of transfer can be sustained annually as the start of a plan to address the $22.3 mil- lion list of unfunded and identified parks capital needs (see page 185 of the Fiscal Y ear 2021-22 Adopted Budget for a list of unfunded and identified parks capital needs). Each annual appropriation will need to be approved by City Councils in the future as part of the annual budget process. As City staff continues to inventory parks facility needs, it is anticipated this list grows further highlighting the needs for PRCS capi- tal funding.

Fiscal Year 2020/ 21 Fund Balance
The City? s Fiscal and Budget Policies, adopted by City Council, requires that the Measure L fund maintain a 16% fund balance requirement, similar to the requirement in the City? s General Fund. For Fiscal Y ear 2020/21, the 16% reserve represents $1,353,106, which is fully funded as shown on T able 1. Fund balance reserves can be used at Council? s discretion for additional programming or for operational expenses should future revenue receipts fall below expectations.

For the first time in 12 years, the Fiscal Y ear 2021/22 adopted budget shows an increase in General Fund support to Parks, Recreation and Cultural Services and to the Lodi Public Library. Measure L is the source of the increase.

Since FY 2009/10 the City has annually provided
approximately $3.25m to PRCS and $1.35m to the Library
for operational needs. Since that time, the Consumer Price Index (CPI-U) for all urban consumers has increased nearly 26%. PRCS and the Library have had to do more with less for this entire time. In addition to no funding increase, the City has experienced a population increase over 10% and added 76.42 acres of parks, an increase of over 22% during this period. With the adopted Fiscal Y ear 2021/22 budget, PRCS and Library received an average of 10% increase to their operational funding from Measure L, or $342,370 and $ 113,920 respectively. The increase was based on the
7 Fiscal Year 2021/ 22 Budget
The FY 2020/21 Measure L Accountability Report is focused on expenditures that have already occurred. Lodi Mu- nicipal Code Section 3.30 (the ? Ordinance? ) specifically limits the Citizens? Oversight Committee? s role to the review of expenditures at the close of each fiscal year. The Committee has no role in budgeting or planning. However, it is important for the public to have knowledge of the direction City leaders have planned for the use of Measure L funds. The City Council adopted the FY 2021/22 budget at its J une 2, 2021 regular meeting. T ables 3 to 5 below provide detailed information on the proposed uses for Measure L funds in Fiscal Y ear 2021/22.

Included in the expenditures in T able 4: Library is
receiving $113,920 in operational support from Measure
L in addition to support of a Librarian and PRCS is
receiving $342,370 in operational support plus an
additional $400,000 toward their capital improvement
project needs. These projects include $180k for tree
trimming; $100k for fencing/water fountain at 2 dog
parks; and $120k toward renovating the Legion Park
community room.

Measure L— FY 2020-2021
Annual Accountability Report In Brief
Citizens’ Oversight Committee Members
Gary Woehl Terence Spring Phil Pennino Waqas Dad Elisa Bubak Measure L, passed by voters in November 2018, is a local general purpose retail transactions and use tax that began April 1, 2019. This report covers the period from July 1, 2020 through June 30, 2021. City Ordinance No. 1953 requires preparation of an Annual Accountability Report to be reviewed by the Measure L Citizen’s Oversight Committee and for the Committee to present findings to City Council. The Measure L ballot text was: To make neighborhoods safer, maintain/improve essential City of Lodi services including: reducing crime; maintaining neighborhood police patrols/gang violence intervention/prevention; fixing potholes/city streets; maintaining neighborhood fire stations; enhancing rapid police/fire response times by restoring firefighter and adding police positions; maintaining recreation facilities/programs; and other general fund purposes; shall the city of Lodi measure enacting an ongoing half cent local sales tax, providing $5,400,000 annually, with independent citizen oversight, and funds spent locally, be adopted? Measure L Highlights
● From July 1, 2020 through June 30, 2021, revenues received were $8,456,915, with COVID-19 government stimulus packages and online sales the primary factors for receipts far exceeding earlier projections.
● As a result of better than anticipated performance, Measure L funded all public safety overtime and part-time costs, vehicle repairs, fuel, and a new police vehicle request that was rolled forward from the prior fiscal year. ● The City hired a new Librarian in May of 2021. This position will be fully Measure L-funded going forward and provides an increase in service at the Lodi Public Library.
● Parks was able to trim over 240 trees, including removing dangerous and failing trees. Additionally, nearly all trees at Lodi Lake had their health reviewed by a professional arborist.
● The table (right) shows FY 20-21 Measure L expenditures by catego- ry and encumbered funds. The chart (below) shows expenditures by service type. Not including encumbrances, FY 20-21 expenditures were: Police was $4,577,613, Fire $3,223,319, Library $19,345, and Parks $183,402.

Expenses
$8m Revenue
$8.45m

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING THE
RECOMMENDATION OF THE MEASURE L CITIZENS’ OVERSIGHT
COMMITTEE TO APPROVE THE FISCAL YEAR 2020/21 MEASURE L

ANNUAL ACCOUNTABILITY REPORT AND CREATE A ONE-PAGE BILL

INSERT FLYER TO PROMOTE THE SUCCESSES OF MEASURE L
========================================================================

WHEREAS, Lodi Municipal Code Section 3.30.140 requires the City to prepare an Annual Accountability report (the “Report”) for expenditures of Measure L tax revenues received; and

WHEREAS, the Report is required to show the amount of revenue collected and the amount and general purpose of expenditures made; and

WHEREAS, Lodi Municipal Code Section 3.30.150 (A) establishes the Measure L Citizens’ Oversight Committee (the “Committee”) and charges the committee to review the report and present its findings to the City and the City Council; and

WHEREAS, the first draft of the Report was presented to the Committee on October 18, 2021; and

WHEREAS, the Committee revi ewed, discussed, and provided direction to staff on modifications to the report; and

WHEREAS, the second draft of the Report was presented to the Com mittee on January 24, 2022; and

WHEREAS, the Committee found the revised report to be sufficient to meet the obligations outlined in Lodi Municipal Code Section 3.30.140 and recommended its presentation to the City Council for approval; and

WHEREAS, the Committee recommended that the City Council consider a one-page flyer and bill insert to promote the successes of Measure L to Lodi Citizens.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept the Fiscal Year 2020/21 Measure L Annual Accountability Report; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby direct the City Manager to cause preparation of a one -page flyer and bill insert to communicate to the citizens of Lodi the successes of Measure L outlined in the report.

Dated: February 16, 2022
========================================================================

I hereby certify that Res olution No. 2022- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk
2022-____
AGENDA ITEM C-26
APPRO
VED: _________________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\DEV_SERV\Community Facilities District 2007-1\Annexation No.13\CIntentiontoAnnex_annex_13.doc 1/21/2022

CITY OF LODI

COUNCIL COMMUNICATION
TM
AGE
NDA TITLE: Adopt Resolution Declaring Intention to Annex Territory (Lumina Subdivision) to Community Facilities District No. 2007-1 (Public Services) and to Levy a Special Tax to Pay for Certain Public Services (Annexation No. 13); and Setting Public Hearing for April 6, 2022
MEET
ING DATE: February 16, 2022
PRE
PARED BY: Public Works Director
RECO
MMENDED ACTION: Adopt resolution declaring intention to annex territory (Lumina Subdivision) to Community Facilities District No. 2007-1 (Public Services) and to levy a special tax to pay for certain public services (Annexation No. 13); and setting public hearing for April 6, 2022.

BA
CKGROUND INFORMATION: The resolution, if adopted by the City Council, will begin the process to annex one 10.32-acre parcel (to be subdivided into a total of 66 single family lots) into the City of Lodi Community Facilities District No. 2007-1 (Public Services) (CFD). The property is located south of Harney Lane and west of Stockton Street and is a portion of the larger Lumina subdivision. The boundary of the annexation is shown in Attachment A and includes APN 058-130-25. Approved tentative map conditions require the private landowners to cooperate in the annexation of the parcel into the CFD, the purpose of which is to offset a portion of the costs caused by new developments. The other two parcels in the subdivision (APN 058-130- 21 and 058-130-22) are already part of the CFD 2007-1. The Lumina subdivision will have a total of 150 single family homes when it is fully developed.

Th
e resolution establishes, among other things, the City’s intent to approve Annexation No. 13 to the CFD, which includes the levy of a special tax to pay for public services and related costs. The resolution calls for a public hearing on April 6, 2022, at which time interested parties may comment upon the annexation to the CFD.

Ex
hibit A to the Resolution contains the description of the services to be provided as presented below:
(a) P
olice p rotection services, including, but not limited to, criminal justice services. However, criminal justice services shall be limited to providing services for jails, detention facilities, and juvenile halls; and
(b) Fire protection and suppression services, and ambulance and paramedic services; and (c) Maintenance of parks, parkways, and open space; and (d) Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, and sandstorm protection systems; and (e) Services with respect to removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment.

Ex
hibit B to the resolution is the special tax formula entitled “Amendment to Rate, Method of Apportionment, and Manner of Collection of Special Tax.” The special tax, established in 2015, provides for an annual tax of $500 for single-family units (increased two percent per year) and $145 for multi-

Adopt Resolution Declaring Intention to Annex Territory (Lumina Subdivi sion) to Community Facilities District No. 2007-1 (Public Services) and to Levy a Special Tax to Pay for Certain Public Services (Annexation No. 13); and Setting Public Hearing for April 6, 2022 February 16, 2022

\\cvcfilv02\pubwks$\WP\DEV_SERV\Community Facilities District 2007-1\Annexation No.13\CIntentiontoAnnex_annex_13.doc 1/21/2022

family units (increased two percent per year). Certain properties, such as governmental property and undeveloped property, are not subject to the special tax program. The special taxes may not be prepaid.

The special tax shall be levied in perpetuity.

Exhibit C to the resolution is the form of the Notice of Public Hearing that will be published and posted calling for a public hearing to be held by the City Council. Following that public hearing, the City Council will be in a position to approve a separate, future resolution that will form the CFD and will call the election for the CFD.

FISCAL IMPACT: Administration of the CFD shall be paid from the special taxes collected within the CFD. The developer has paid the City for all costs to establish the CFD. The estimated annual revenues at buildout of this project will amount to approximately $88,000.

FUNDING AVAILABLE: Not applicable.

_______________________________
Charles E. Swimley, Jr.

Public Works Director
CES/LC/cd
Attachments

cc: Lyman Chang, Deputy Public Works Director/City Engineer Janice D. Magdich, City Attorney
Deputy City Manager
Assistant Engineer Kiriu
Senior Technician Wiman
NorthStar Engineering Group

ATTACHMENT A
SC338045 03457-016
RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN

PUBLIC SERVICES AND CALLING A PUBLIC HEARING
(ANNEXATION NO. 13)

========================================================================

WHEREAS, pursuant to the Mello- Roos Community Facilities Act of 1982, as amended (the “Act”), the City Council (the “City Council”) of the City of Lodi (the “ City”), on April 4, 2007 approved Resolution No. 2007 -59 establishing the City of Lodi Community F acilities District No. 2007-1 (Public Services) (the “CFD”);
WHEREAS, the City Council called a special election for April 11, 2007, at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD were submitted to the qualified electors within the CFD; WHEREAS, on May 2, 2007 , the City Council adopted Res olution No. 2007- 82 determining the results of the special election and finding that more than two- thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed;
WHEREAS, the City Council has determined, because of t he proposed development of certain property within the City, to initiate proceedings for the annexation of such property to the CFD in accordance with the Act.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lodi that:

Section 1. Description of Territory to be Annexed. Public convenience and necessity require, and this City Council proposes and intends, that the City annex certain territory to the CFD. The territory to be annexed is described in a map entitled “Annexation Map No. 13 Community Facilities District No. 2007- 1 (Public Services), City of Lodi, San Joaquin County, State of California,” which map is on file with the City Clerk. The City Clerk is hereby authorized and directed to endorse the certificate set forth on the map, add any additional information required by law, and to record the map in accordance with the provisions of Section 3111 of the Streets and Highways Code of the State of California.

Section 2. Description of Territory Included in Existing CFD . The boundaries of the territory currently included in the CFD are described
(i) in a map entitled “ Amended Map of Community Facilities District No. 200 7-1 (Public Services), City of Lodi, County of San Joaquin,” on file with the City Clerk and recorded in the Office of the San Joaquin County Recorder on April 19, 2007 , in Book 5 of Maps of Assessment and Community Facilities Districts at Page 13; (ii) in a map entitled “Annexation Map No. 1 Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California” on file with the City Clerk and recorded in the Office of the San Joaquin County Recorder on June 25, 2014, in Book 6 of Maps of Assessment and Community Facilities Districts at Page 54; SC338045 03457-016 2
(iii) in a map entitled “Annexation Map No. 2 Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California” on file with the City Clerk and recorded in the Office of the San Joaquin County Recorder; (iv) in a map entitled “Annexation Map No. 3 Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California” on file with the City Clerk and recorded in the Office of the San Joaquin County Recorder on September 29, 2015, in Book 6 of Maps of Assessment and Community Facilities Districts at Page 69; (v) in a map entitled “Annexation Map No. 4 Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California” on file with the City Clerk and recorded in the Office of the San Joaquin County Recorder on July 20, 2016, in Book 6 of Maps of Assessment and Community Facilities Districts at Page 87; (vi) in a map entitled “Annexation Map No. 5 Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California” on file with the City Clerk and recorded in the Office of the San Joaquin County Recorder on March 1, 2017, in Book 6 of Maps of Assessment and Community Facilities Districts at Page 93; (vii) in a map entitled “Annexation Map No. 6 Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California” on file with the City Clerk and recorded in the Office of the San Joaquin County Recorder on March 21, 2018, in Book 6 of Maps of Assessment and Community Facilities Districts at Page 115; (viii) in maps entitled “Annexation Map No. 7 Community Facilities District No. 2007- 1 (Public Services), City of Lodi, San Joaquin County, State of California” on file with the City Clerk and recorded in the office of the San Joaquin County Recorder on (a) July 11, 2018, in Book 6 of Maps of Assessment and Community Facilities Districts, at Page 128, (b) July 12, 2018, in Book 6 of Maps of Assessment and Community Facilities Districts, at Page 130, and (c) July 12, 2018, in Book 6 of Maps of Assessment and Community Facilities Districts, at Page 131; (ix) in a map entitled “Annexation Map No. 8 Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California” on file with the City Clerk and recorded in the Office of the Sa n Joaquin County Recorder on June 5, 2019, in Book 6 of Maps of Assessment and Community Facilities Districts at Page 154; (x) in maps entitled (i) “Annexation Map No. 9 Community Facilities District No. 2007- 1 (Public Services), City of Lodi, San Joaquin County, State of California,” on file with the City Clerk and recorded in the Office of the San Joaquin County Recorder on November 21, 2019, in Book 7 of Maps of Assessment and Community Facilities Districts at Page 006; (ii) “Boundary Map of Proposed Annexation of Talavera Subdivision to the Existing City of Lodi Community Facilities District,” on file with the City Clerk and recorded in the Office of the San Joaquin County Recorder on November 21, 2019, in Book 7 of Maps of Assessment and Community Facilities Districts at Page 007; (iii) “Boundary Map of Proposed Annexation of Iris Drive Subdivision to the Existing City of Lodi Community Facilities District,” on file with the City Clerk and recorded in the Office of the S an Joaquin County Recorder on November 21, 2019, in Book 7 of Maps of Assessment and Community Facilities Districts at Page 008; and (iv) “Boundary Map of Proposed Annexation of Interlaken Subdivision to the Existing City of Lodi Community Facilities District,” on file with the City Clerk and recorded in the Office of the San Joaquin County Recorder on November 21, 2019, in Book 7 of Maps of Assessment and Community Facilities Districts at Page 009.

SC338045 03457-016 3
(xi) in a map entitled “Annexation Map No. 10 Community Facilities District No. 2007- 1 (Public Services), City of Lodi, San Joaquin County, State of California” on file with the City Clerk and recorded in the Office of the San Joaquin County Recorder on July 6, 2020, in Book 7 of Maps of Assessment and Community Facilities Districts at Page 017. (xii) in a map entitled “Annexation Map No. 11 Community Facilities District No. 2007- 1 (Public Services), City of Lodi, San Joaquin County, State of California” on file with the City Clerk and recorded in the Office of the San Joaquin County Recorder on October 28, 2020, in Book 7 of Maps of Assessment and Community Facilities Districts at Page 022. (xiii) in a map entitled “Annexation Map No. 12 Community Facilities District No. 2007- 1 (Public Services), City of Lodi, San Joaquin County, State of California” on file with the City Clerk and recorded in the Office of the San Joaquin County Recorder on February 25, 2021, in Book 7 of Maps of Assessment and Community Facilities Districts at Page 028.

Section 3. Specification of the Type of Services Provided. The type of services to be provided in the territory proposed to be annexed to the CFD is the same as that provided in the existing CFD and are more particularly described in Exhibit A attached hereto. The cost of providing Services includes “incidental expenses, ” which include costs associated with the creation of the District, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the autho rized purposes of the District. The services authorized to be financed by the CFD are in addition to those currently provided in the territory of the CFD and do not supplant services already available within that territory.

Section 4. Plan for Providing Services. The public services that are financed by taxes collected in the CFD will be provided to residents of the current CFD and residents of the territory proposed to be annexed on the same basis.

Section 5. Specification of Special Taxes to be Levied. Except where funds are otherwise available, a special tax sufficient to pay for all services (including incidental expenses) to be provided in or for the territory to be annexed and secured by a continuing lien against all nonexempt real property in the C FD will be annually levied within the territory proposed to be annexed to the CFD. The rate, method of apportionment, and manner of collection of such special tax is set forth in Exhibit B hereto (the “Special Tax Formula”). For purposes of the Special Tax Formula, the territory proposed to be annexed to the CFD will be designated as Annexation No.

13. Section 6. No Alteration of the Special Tax Levied in the Existing Community Facilities District. The City Council does not propose to alter the special tax rate levied within the existing CFD as a result of the proposed annexation.

Section 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, April 6, 2022, at the regular meeting place of the City Council, Carnegie Forum, 305 W. Pine Street, Lodi, California, as the time and place for a public hearing on the annexation of territory to the CFD.

Section 8. Notice of Hearing . The City Council directs the City Clerk to publish a notice of the hearing, in substantially the form attached hereto as Exhibit C (along with adding any language necessary regarding a teleconference meeting in accordance with the Governor’s Executive Order regarding the COVID 19 pandemic and other edits deemed necessary by the SC338045 03457-016 4
City Clerk), once not later than seven days prior to the date fixed for the hearing, in a newspaper of general circulation published in the area of the CFD.

Section 9. Effective Date . This Resolution shall take effe ct immediately upon its passage.
======================================================================== I hereby certify that Resolution No. 2022 -___ was passed and adopted by the Lodi City Council in a regular meeting held February 16, 2022, by the following vote:

AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –

MARK CHANDLER
Mayor

ATTEST: APPROVED AS TO FORM:

PAMELA M. FARRIS
Assistant City Clerk

JANICE D. MAGDICH
City Attorney

2022-____

SC338045 03457-016 A-1

EXHIBIT A

DESCRIPTION OF SERVICES

(a) Police protection services, including, but not limited to, criminal justice services.

However, criminal justice services shall be limited to providing services for jails, detention facilities, and juvenile halls.
(b) Fire protection and suppression services, and ambulance and paramedic services. (c) Maintenance of parks, parkways, and open space.
(d) Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, and sandstorm protection systems. (e) Services with respect to removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment. (f) Incidental services associated with the creation of the District, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the District.

SC338045 03457-016 B-1

EXHIBIT B

CITY OF LODI
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)

RATE AND METHOD OF APPORTIONMENT

A Special Tax applicable to each Assessor’s Parcel in Community Facilities District (CFD) No. 2007-1 (Public Services) shall be levied and collected according to the tax liability determined by the City Council acting in its capacity as the legi slative body of CFD No. 2007 -1, through the application of the appropriate Special Tax rate, as described below. All of the property in the CFD, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent , and in the manner herein provided, including property subsequently annexed to the CFD unless a separate RMA is adopted for the annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Dwelling Unit” means a second residential unit of limited size (i.e., granny cottage, second unit) that shares a Parcel with a Single Family Unit. “Administrative Expenses” means any or all of the following: the expenses of the City in carrying out its duties for the CFD, incl uding, but not limited to, the levy and collection of the Special Tax, the fees and expenses of its counsel, charges levied by the County, and all other costs and expenses of the City in any way related to the establishment or administration of the CFD.
“Administrator” means the person(s) or firm designated by the City to administer the Special Taxes according to this RMA.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel number.
“Authorized Services” means the public services authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “CFD No. 2007- 1” or “CFD” means the City of Lodi Community Facilities District No. 2007 -1 (Public Services).
“City” means the City of Lodi.
“City Council” means the City Council of the City of Lodi. “County” means the County of San Joaquin.

SC338045 03457-016 B-2
“Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Maximum Special Tax” means the maximum Special Taxes determined in accordance with Section C below that can be levied on Single Family Property and Multi -Family Property in any Fiscal Year.
“Multi-Family Property” means, in any Fiscal Year, all Parcels in the CFD for which final building permit inspections were conducted prior to January 1 of the preceding Fiscal Year, but not prior to January 1, 2015, for construction of Multi-Family Units. “Multi-Family Unit” means an individual residential unit within a structure with three or more residential units that share a single Assessor’s Parcel number, all of which are offered for rent to the general public and cannot be purchased by individual homebuyers. Residential units located above commercial establishments that are available exclusively for rent and cannot be purchased by individual owners shall also be characterized as Multi-Family Units for purposes of this RMA. “RMA” means this Rate and Method of Apportionment.
“Single Family Property” means, in any Fiscal Year, all Parcels in the CFD for which final building permit inspections were conducted prior to January 1 of the preceding Fiscal Year, but not prior to January 1, 2015, for construction of Single Family Units. “Single Family Unit” means an individual single family detached residential unit or an individual residential unit within a half -plex, duplex, triplex, fourplex, townhome, condominium, or other structure with attached residential units that are available for sale to individual buyers, whether or not such a unit is ultimately offered for rent by an individual buyer. For -sale residential units located above commercial establishments shall also be c ategorized as Single Family Units for purposes of this RMA.
“Special Tax” means any tax levied within the CFD to pay the Special Tax Requirement. “Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services, (ii) Administrative Expenses, and (iii) amounts needed to cure any delinquencies in the payment of Special Taxes which have occurred or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the tax will be collected.
“Taxable Property” means both Single Family Property and Multi-Family Property.

B. DATA FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel number for all Parcels of Taxable Property within the CFD. The Administrator shall also determine the number of Single Family and Multi-Family Units built or to be built on each Parcel of Taxable Property by referencing the building permit, condominium plan, apartment plan, site plan, or other development plan for the property.

In any Fiscal Year, if it is determined that (i) a parcel or subdivision map for a portion of property in the CFD was recorded after January 1 of the preceding Fiscal Year (or any other date after which the Assessor will not i ncorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the parcel or subdivision map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel or subdivision map, and (iii) one or more o f the SC338045 03457-016 B-3
newly-created Parcels meets the definition of Taxable Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the parcel or subdivision map by determining the Special Tax that applies separately to each Parcel of Taxable Property, then applying the sum of the individual Special Taxes to the original Parcel that was subdivided by recordation of the parcel or subdivision map.

C. MAXIMUM SPECIAL TAX
The Maximum Special Tax for all Parcels of Taxable Property within the CFD shall be $500 per Single Family Unit and $145.83 per Multi Family Unit for Fiscal Year 2015-2016. Beginning July 1, 2016 and each July 1 thereafter, the Maximum Special Tax in effect in the prior Fiscal Year shall be increased by two percent (2%).

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAX
Each Fiscal Year, the Special Tax shall be levied proportionately on each Parcel of Taxable Property in the CFD up to 100% of the Maximum Special Tax determined pursuant to Section C above until the total amount levied is equal to the Special Tax Requirement for the Fiscal Year.

The Special Tax for the CFD shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet CFD No. 2007-1 financial obligations, and the Special Tax shall be eq ually subject to foreclosure if delinquent.

E. LIMITATIONS
Notwithstanding any other provision of this RMA, no Special Tax shall be levied on Parcels within the CFD that are not Single Family Property or Multi -Family Property. Furthermore, Accessory Dwelling Units shall not be counted in determining the Special Tax to be levied on the Parcels on which such units are located.

F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion.

Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this RMA.

SC338045 03457-016 C-1

EXHIBIT C

NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY

TO AN EXISTING COMMUNITY FACILITIES DISTRICT

NOTICE IS HEREBY GIVEN that the City Council of the City of Lodi on ___________, 2022, adopted its Resolution No. ___________, in which it declared its intention to annex territory to existing Community Facilities District No. 2007 -1 (Public Services) (the “CFD”), and to levy a special tax to pay for certain public services, all pursuant to the provisions of the Mello Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed, specifies the type of services to be financed, and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD is proposed. For further details, the resolution is available at the office of the City Clerk, Carnegie Forum, 305 W. Pine Street , Lodi, California.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed _______________, 2022, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, at the regular meeting place of the City Council, Carnegie Forum, 305 W. Pine Street, Lodi, California, as the time and place when and where the City Council will hold a public hearing to consider the annexation. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard.

SPECIAL NOTICE: While restrictions are imposed due to the COVID -19 pandemic, the public may attend in-person or virtually. Masks are required for in-person attendance, regardless of vaccination status. Alternatives to in- person attendance, as set forth below, are available to members of the public to watch Council meetings and provide comments.

The public hearing may be accessed via the following streaming link:
https://us06web.zoom.us/j/81287658564?pwd=VEJ4dm9mcFNYbTJXKzk1YUZXSVRmQT09

Written statements may be filed with the City Clerk by mail at City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, or email at [email protected] at any time prior to the hearing scheduled herein. Written comments will be read into the record. Oral statements may be made at the time of the public hearing via the following link:

https://us06web.zoom.us/j/81287658564?pwd=VEJ4dm9mcFNYbTJXKzk1YUZXSVRmQT09

DATED:

Pamela M. Farris, Assistant City Clerk, City of Lodi

AGENDA ITEM C-27
APPRO
VED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION
TM
AGE
NDA TITLE: Set Public Hearings for March 2, 2022, and April 6, 2022, to Receive Public Input on Draft Maps of Voting District Boundaries Based on 2020 Census Data MEET
ING DATE: February 16, 2022
PRE
PARED BY: City Attorney
RECO
MMENDED ACTION: Set Public Hearings for March 2, 2022, and April 6, 2022, to receive public input on draft maps of voting district boundaries based on 2020 Census data.

BACKGROUND INFORMATION: On March 7, 2018, the City Council adopted Ordinance No. 1949, transitioning from at-large elections to by-district City Council member elections following the 2018 election. Following release of the decennial census data, California Elections Code section 21600, et. seq., requires the City Council review and adjust the boundaries of its districts, using the census data as a basis for any changes, to ensure continuing compliance with the Voting Right Act.

The
City Council has held two public hearings, July 21, 2021 and August 18, 2021, to receive information on the permissible criteria to be considered to redraw City Council election boundaries, instruction on defining neighborhood and communities of interest, and receive input.

The
next two public hearings, to be held on March 2, 2022 and April 6, 2022, are to receive public input on draft maps of voting districts based on the 2020 census data. 2020 Census data for the City of Lodi and tools for the public to create and submit maps for consideration by the City Council is on the City’s website at http://www.lodi.gov/1046/Redistricting.

FISCAL IMPACT: The cost to publish the notice of public hearing.

FUNDING AVAILABLE: City Clerk’s Elections Budget (10005000.72450) _______________________________________
Janice D. Magdich
City Attorney

AGENDA ITEM C-28
APPRO
VED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AGE
NDA TITLE: Set a Public Hearing for March 2, 2022 to Consider Adopting a Resolution Amending the Requirements and Procedures for Review of Growth Allocation Applications
MEET
ING DATE: February 16, 2022
PREP
ARED BY: Community Development Director
RECO
MMENDED ACTION: Set public hearing for March 2, 2022, to consider adopting a resolution amending the requirements and procedures for review of growth allocation applications.

BACKG
ROUND INFORMATION: Provisions of the Growth Management Program, as established under Resolutions No. 91- 170 and No. 91- 171 related to the application, scheduling and review of applications, are proposed to be amended and updated.

The
City Council established the Growth Management Program with adoption of Ordinance No. 1521 and established review procedures with adoption of Resolution No. 91- 171 (Guidelines, Content and Time Frames).

In J
anuary 2021 the City Council made the following changes to the Growth Allocation (GA) process:
• Con
solidated practices and procedures for the Growth Allocation process in a single, updated resolution ( Resolution No. 2021-21) that incorporates all Growth Allocation provisions. • Amended the GA process to allow applications to be accepted and processed at any time of year. • Allow the Planning Commission to review Growth Allocation requests and associated Tentative Maps concurrently. Final approval of the Growth Allocation request is considered by the City Council.
• Aligned application requirements for Tentative Maps and Growth Allocations and required a detailed Development Plan to ensure the quality of development in the proposed project. • Provided that Development Plans would be reviewed by the SPARC prior to Planning Commission review of a request for Growth Allocations.
• Provided improved procedures for carrying over unused allocations. Specifically, unassigned Growth Allocations for any given year will carry over for two additional years and will then automatically expire (a total lifetime of three years).

At
this time, additional adjustments to the GA process are proposed. A new Resolution will be prepared by staff to make the following changes:
• Rev
ising the requirement for a detailed Development Plan to a more general set of “Design Features” more appropriate at the very early stage in the development process which the tentative

Set PH to Consider Adopting a Resolution Amending the Requirements and Procedures for Review of GA Applications February 16, 2022