Agenda — Lodi City Council, September 6, 2023 (part 2 of 3)

their daily processes and boost productivity in all divisions while minimizing redundancy and errors in data entry.

Another component of this project is the direct connection from Lodi Police to the Statewide Integrated Traffic Reporting System (SWITRS). This database serves to collect and process data gathered from a collision scene.

Currently, the Police Department uses the Crossroads Collision Writer software. Still, in its current state, the records division must filter through authored/approved collision reports to collect those reports that meet the requirements for SWITRS. The process requires them to print, scan , email, or mail the selected reports to SWITRS for processing. By moving to the SWITRS platform in Crossroads, the upload function allows automatic and electronic uploads from our Crossroads Collision Writer directly to SWITRS , saving the Records unit t ime and resources.

In order to utilize the e-citation software and the electronic forms to their fullest potential, the Police Department will need to purchase handheld citation printers directly linking to the application platform. By providing officers with these handheld printers, they can print and give hard copies of the citations directly to the cited person at the time of the traffic stop.

Staff recommends the adoption of the resolution to authorize the City Manager to execute the five-year Professional Services Agreement with Crossroads Software, Inc., in the amount of $68,800 and approve the purchase of the corresponding handheld citation printers from Barcodes, Inc. in the amount of $36,277.82 for a total not-to-exceed amount of $110,000.00.

STRATEGIC VISION:
7H. Public Safety: Address strategic safety problem areas in the community.

FISCAL IMPACT: First-year contract fees and total hardware purchase costs were included in the 23/24 budget. Ongoing software maintenance and renewal will be budgeted appropriately.

Adopt Resolution Authorizing City Manager to Execute a Five-year Professional Services Agreement with Crossroads Software, Inc., of Brea, CA for a Citation Writing System, RMS Interface, and CHP SWITRS Upload System and Approve the Corresponding Purchase of Handheld Citation Printers from Barcodes, Inc., of Chicago, IL for a Not-to-Exceed Amount of $110,000 August 16, 2023

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FUNDING AVAILABLE:

AB1913 21399000 72369 $ 95,078.00 Year 1
PD Operations Software Licensing Cost 10032000 72369 $ 2,500.00 Year 2 PD Operations Software Licensing Cost 10032000 72369 $ 2,500.00 Year 3 PD Operations Software Licensing Cost 10032000 72369 $ 2,500.00 Year 4 PD Operations Software Licensing Cost 10032000 72369 $ 2,500.00 Year 5 Not-to-Exceed TOTAL $110,000.00

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

________________________________________
Sierra Brucia
Chief of Police

AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1

PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on ______________, 2 023, by and between the CITY OF LODI, a municipal corporation (hereinafter “CITY”), and CROSSROADS SOFTWARE, INC., a State of California Corporation (hereinafter “CONTRACTOR”).

Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporate d by
this reference.

CITY wishes to enter into an agreement with CONTRACTOR for software for reporting and analytics of traffic collisions and citations (hereinafter “Project”) as set fo rth
in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY.

ARTICLE 2

SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A.

Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever o
ccurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.

CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.

CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames.

The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR’s contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall

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remain in contact with reviewing agencies and make all efforts to review and return all comments.

Section 2.3 Meetings
CONTRACTOR shal l attend meetings as may be set forth in the Scope of Services.

Section 2.4 Staffing
CONTRACTOR ac knowledges that CITY has relied on CONTRACTOR ’s capabilities and on the qualifications of CONTRACTOR’s principals and st aff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY’s sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR’s project staff prior to any change.

CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approv als of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and appr ovals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.

Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement.

Section 2.6 Term
The term of this Agreement commences on May 1 , 2023 and terminates upon the completion of the Scope of Services or on May 1, 2028, whichever occurs first.

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ARTICLE 3

COMPENSATION
Section 3.1 Compensation
CONTRACTOR’s compensation for all work under this Agreem ent shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference.

CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY.

Section 3.2 Method of Payment
CONTRACTOR shal l submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR ’s compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.

Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to C
ITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement.

CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may b e relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.

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ARTICLE 4

MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR sh all not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.

Section 4.2 ADA Compliance
In performing services under this Agreement, CON TRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harm
less CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney’s fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.

Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or Ci
ty employee shall be personally responsible for any liability arising under this Agreement.

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Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or part
s of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.

Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement, ins
urance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.

Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.

Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in wr iting signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:

To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Andrea Morales
To CON
TRACTOR: Crossr oads Software, Inc.
210 W. Birch Street, Suite 207
Brea, CA 92821
Attn: Jeff Cullen
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant inf
ormation it has at its disposal relevant to the Scope of Services.

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the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without rega rd to the manner and means of accomplishment thereof.

Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.

Section 4.12 Confidentiality
CONTRACTOR ag rees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as “Confidential” or “Proprietary”, except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.

Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney’s Fees This Agreement shall be governed by the laws of the State of California.

Jur
isdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney’s fees from the party who does not prevail as determined by the San Joaquin County Superior Court.

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Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Muni ci pal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder.

Section 4.15 Captions
The captions of the sections and sub sec tions of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder.

Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONT
RACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.

Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single docum
ent. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.

Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or a
ffect the validity of any other provision of this Agreement.

Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other mat
erial documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY’s request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR’s regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.

CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY’s use of such documents for any purpose other than the purpose for which they were intended.

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Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the part
ies to execute this Agreement.

Section 4.21 Federal Transit Funding Conditions
If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control.

Section 4.22 Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in “portable document format” (“.pdf”) or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature.
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Scope of Services
Crossroads Software, Inc.
for a
Citation Writing System, RMS Interface, and CHP
SWITRS Upload System
for the
City of Lodi Police Department

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EXHIBIT A

1.1 Project Overview
The scope of this Statement of Work is to set out the milestones, deliverables and responsibilities required to provide to the City of Lodi Police Department hereinafter called “City,” from Crossroads Software, Inc., hereinafter called “Consultant” with a fully operational automated Traffic Citation Writing System.

The Consultant will provide software that permits the transmission of collision data to the CHP SWITRS System and collision and citation data to a Records Management System (RMS).

T
he software shall meet all current State of California legislative mandates related to traffic citations and California Court Systems filings and data integration standards as well as being upgradeable to meet future mandates within the timeframe allowed by the governing bodies.

1.2 Project Deliverables
Crossroads Software, Inc. is supplying the following and they will provide the most recent version of software at the time of delivery.

Figure 1: Project Deliverables
Crossroads Software, Inc. Project Deliverables
Description Quantity
Citation Software for Mobile and Desktop 1 site license CHP 180 Tow Form Module for Mobile and Desktop 1 site license CHP SWITRS Upload Application 1 site license
RMS Interface (Collisions and Citations, RIMS) 1 site license Installation
Training (virtual, on-demand videos)
C
rossroads Software, Inc. will provide a complete Citation Writing System, Records Management System (RMS) interface, and CHP SWITRS Upload System to the City of Lodi Police Department. This system will include software for electronic citations that offers efficient input of violation and violator data among other information; electronic signature capture; driver license barcode reading; and have a modular design to allow for future upgrades and modification.

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EXHIBIT A

1.3 Software License Provisions

1.3.1 Crossroads Software, Inc.

Crossroads Software, Inc. hereby grants to the City one (1) site license for traffic citation software, one (1) license for RMS interface software, and one (1) CHP SWITRS transmission software license. The LICENSED SOFTWARE allows the City to use the software on multiple computers located in a single office or department within a contiguous site, or multiple offices, departments and sites.

The LICENSED SOFTWARE entitles the City to one copy of the software in machine-readable form for backup purposes only.

1.3.2 Term of the License
This license is effective until terminated. The City may terminate this license at any time by destroying the LICENSED SOFTWARE and related documentation and all copies thereof. If the City fails to comply with any provisions of the LICENSED SOFTWARE AGREEMENT (Exhibit D), Crossroads Software, Inc. must give thirty days’ notice to the City that they have failed to comply with any provisions of the LICENSED SOFTWARE AGREEMENT. Upon termination of the LICENSED SOFTWARE AGREEMENT the non-compliant LICENSEE must destroy the software and related documentation and all copies thereof.

1.4 Project Management and Implementation Services
The City’s project manager for the implementation of the City of Lodi Police Department Citation System is Daniel Bristow, Lodi Police Department Police Department. The City’s project manager shall be responsible for review, analysis, and acceptance of Crossroad Software, Inc.’s performance and the coordination of project personnel, equipment, vehicles, and facilities and may issue all consents, approvals, directives, and agreement on behalf of the City called for by this agreement except as otherwise expressly provided. Kelly Child, Crossroads Software, Inc., is the project manager for Crossroads Software, Inc. She will be directly responsible for the administration and technical direction of Crossroads Software, Inc.’s project activities to include project management, installation,

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EXHIBIT A
imple
mentation, support services, software development and system setup.

Crossroads Software, Inc. will have access to communicate with the City project manager to coordinate the execution of the project.

1. 1.4.1 R
esponsibilities of the City
The specific duties of the City in the implementation of the Lodi Police Department Traffic Reporting System are:

1.4.1.1 Provide the Consultant with access to the City for installation

1.4.1.2 Provide traffic citation, documents, and sample forms.

1.4.1.3 Provide court information such as name, addresses, schedules, etc.

1.4.1.4 Establish a workstation with a VPN or ‘GoToMeeting’ connection, with network access to the data server.

1.4.1.5 Review and approve screen layouts and forms.

1.4.1.6 Review, evaluate and field test each installed module prior to acceptance.

1.4.1.7 Facilitate the implementation of the interface with the CHP SWITRS database system.

1.4.1.8 Provide a training facility.

1.4.2 Responsibilities of Crossroads Software, Inc.

The responsibilities of the project manager will include acting as a primary contact for departmental personnel, scheduling for installation and training, overseeing installation and training, troubleshooting, and any other functions requiring implementing the Crossroads Software, Inc.’s software at the participating agency sites. The specific duties of the Crossroads Software, Inc. in the implementation of the Lodi Police Department Traffic Citation System, RMS Interface, and CHP SWITRS Upload System are:

1.4.2.1 Create citation forms customized to the department.

1.4.2.1.1 Develop and test citation sync module.

1.4.2.1.2 Create and install citation software, collision report writing software and CHP SWITRS Upload System.

1.4.2.1.3 Provide training and deliver module documentation.

1.4.2.2 Contact Agency’s records management system vendor to coordinate the compatible exchange file format for transferring data from the Crossroads Software system to the records management system.

1.4.2.2.1 Develop and test exchange file and data transfer from the Crossroads collision and citation systems exported to the City’s RMS.

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EXHIBIT A

1.4.2.2.2 Pr
ovide data interface training and documentation.

1.4.2.3 Contact the California Highway Patrol and establish an iSWITRS account for the Agency.

1.4.2.3.1 Send data to the test environment.

1.4.2.3.2 Ensure data is received in the production environment.

1.4.2.4 Provide training video resources to the City

1.4.3 Change Orders
Either party may request changes to the Statement of Work at any time. Since a change could affect price, schedule or other terms, the project managers must mutually agree in writing to approve each change before amending this Statement of Work. When Crossroads Software, Inc.’s price or completion schedule is affected, the contract shall be amended accordingly in writing with a CHANGE ORDER and incorporated into the Statement of Work.

1.4.4 Resolution of Disputes
The City and Consultant will exercise their best efforts to promptly negotiate and settle any controversy or claim arising out of or in connection with the AGREEMENT. The parties agree to first meet in a timely manner to reach a resolution. If any dispute cannot be so settled, it shall be settled by arbitration administered by the American Arbitration Association. The decision in writing of the Arbitrator appointed by the American Arbitration Association shall not be binding on the parties.

1.4.5 System Acceptance
System acceptance will occur in the following phases after training and functional system tests:
● Certification of citation system.
● Certification of output of collision and citation data to the City’s Records Management System.
● Certification of output of a collision data exchange file from the Crossroads Software, Inc.’s system for input into the CHP SWITRS database management system.
● Final Total System Acceptance

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EXHIBIT A
Eac
h functional attribute of the software, including system software, operating system, utilities, interfaces, system administration procedures will be tested. The Consultant will verify that all transactions with external systems are performing as specified. Within fourteen (14) days after completion of functional systems testing, the Consultant shall provide a written report to document completion of the test and to indicate test results, problems, solutions, and a schedule to implement such solutions.

1.4.5.1 Functional Testing – Citation Software.

After installing each system software module and performing appropriate diagnostic tests, Crossroads Software, Inc., will certify to the City of Lodi Police Department that the system is functioning correctly. The City of Lodi Police Department will request specific demonstrations of the system readiness. Functional testing by the end users will start after the users have been trained and the software is in a live environment. The testing period will be fourteen (14) days for each software module. Functional testing will include field-testing, syncing, in-field printing, and printing at the desktop.

1.4.5.2 Certification – Data Integration the City’s Records Management System The Consultant will create an export file for the traffic citation and collision data in a format defined by the RMS vendor. The RMS vendor’s project personnel will test the interface for fourteen (14) days to determine if the citation and collision records are being exported and delivered as defined.

1.4.5.3 Functional Testing – Data Integration to CHP SWITRS Database Management System
The Consultant will create an export file for the traffic collision data integration with the CHP SWITRS database management system. Upon completion of the traffic data integration with the CHP’s system and performing appropriate tests, the Consultant will certify to the City of Lodi

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EXHIBIT A
Polic
e Department that the data integration is completed. CHP personnel will test the interface to determine if the traffic records are being exported and delivered as defined.

1.4.5.4 Final System Performance Testing
The Consultant and City will then perform final system performance testing. Crossroads Software, Inc. will perform a functionality test that will ensure the functional operation of the software, the units, printers, and other equipment and the syncing and data transfer interfaces. Upon completion of the final total system testing, the consultant will certify that the SYSTEM has passed the final system test criteria. Final system test criteria include:
● Functionality System Test (software, hardware, and interfaces) ● Reliability Test (system “uptime”)
● Performance Test (data input, searches, report generation, response time)
The Consultant shall provide written certification to the City’s project manager that the installation, training, and testing phase of the contract has been fully completed and all requirements have been met.

1.5 Maintenance, and System Support

1.5.1 Software Maintenance Plan and System Support
Crossroads Software, Inc., will provide the City and participating agencies receiving the LICENSED SOFTWARE technical support, maintenance and upgrades on an ongoing basis. Standard technical support consists of telephone, email and online support from 08:00 A.M. to 5:00 P.M. PST, Monday through Friday.

1.6 Training
The following training is provided by Crossroads Software, Inc. as part of the purchase of the SYSTEM. Training is delivered as on-demand video links.

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EXHIBIT A

1.6.1 Cita
tions & Syncing – End User Training
Crossroads Software, Inc., will provide the City with training covering the use of units and the writing of citations and managing citations once synced to the desktop application.

1.6.2 System Maintenance and Administration Training
Crossroads Software, Inc., will provide administration and system maintenance training to a designated group of system support staff assigned to the project at Lodi Police Department.

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EXHIBIT A

FEE PROPOSAL
City shall pay Contractor for services outlined in Exhibit A according to the fee not-to-exceed $58,800 over the five-year contract period.

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EXHIBIT B
Risk: rev. 3/1/2018
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for IT Professional 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. Commercial General Liability (CGL): Insurance 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. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO 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 Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Technology Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, 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 Consultant 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 Insurance Provisions:
(a) Additional Named Insured 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 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used
(b) Primary and Non-Contributory Insurance 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 CG 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 Subrogation 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 CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring.
(d) Severability of Interest Clause

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EXHIBIT C
Risk: rev. 3/1/2018
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage 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 Coverage
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. If 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 (California Government Code Section 810 et seq.). (g) Failure to Comply
If 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 Coverage
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 City 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.
(i) Self-Insured 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. (j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, 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
If 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. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If 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) Qualified Insurer(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-, VI” 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 California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.

Page 20 of 20 ends

EXHIBIT C
Crossroads Software
210 W Birch St Ste 207
Brea, CA 92821 US
714-990-6433
[email protected]
www.crossroadssoftware.com
Cost
Proposal

ADDRESS
Lodi Police Department
215 W Elm St
Lodi, CA 95240

SHIP TO
Lodi Police Department
215 W Elm St
Lodi, CA 95240
COST PROPOSAL # DATE EXPIRATION DATE
1030 07/17/2023 11/30/2024

ACTIVITY DESCRIPTION QTY RATE AMOUNT
iOS Citation System iOS Citation System (mobile) - Site License 1 26,000.00 26,000.00 Desktop Citation
Management App
Desktop Citation Management App (CCM) 1 3,900.00 3,900.00 Syncing Module Sync Software for Citation System 1 3,900.00 3,900.00 CHP 180 Tow Form CHP 180 Tow Form Application-Site License 1 5,900.00 5,900.00 RMS Interface Interface to Output Collision/Citation Records to RMS (Central Square)
1 9,800.00 9,800.00
Project Management
and Training
Project Management (dedicated PM) and Training (via
on demand training videos)
1 1,000.00 1,000.00
Maintenance and
Support-e-Citation
Annual Maintenance and Support (includes upgrades
to new versions as they become
available)
1 2,500.00 2,500.00
Agency Discount Agency Discount (Online Records Dissemination and multi-software implementation)
1 -19,000.00 -19,000.00
TOTAL $34,000.00
Accepted By Accepted Date

Crossroads Software
210 W Birch St Ste 207
Brea, CA 92821 US
714-990-6433
[email protected]
www.crossroadssoftware.com
Cost
Proposal

ADDRESS
Lodi Police Department
215 W Elm St
Lodi, CA 95240

SHIP TO
Lodi Police Department
215 W Elm St
Lodi, CA 95240
COST PROPOSAL # DATE EXPIRATION DATE
1031 07/17/2023 11/30/2024

ACTIVITY DESCRIPTION QTY RATE AMOUNT
CHP Upload Interface to Upload Collision Report Data and Documents to the CHP SWITRS System
1 24,800.00 24,800.00
TOTAL $24,800.00
Accepted By Accepted Date

Quote
Account # Quote Date Quote #
566054 07/13/2023 Q1716361
THIS QUOTE IS SUBJECT TO THE TERMS LISTED AT https://www.barcodesinc.com/support/client-terms.htm ("TERMS"), AND CREATES A LEGALL Y BINDING

AGREEMENT WITH BARCODES INC (OR ITS APPLICABLE SUBSIDIARY) UNLESS A SEPARATE, PREEXISTING, WRITTEN AGREEMENT IS IN FORCE WITH BARCODES INC OR ITS APPLICABLE SUBSIDIARY .

Price does not include shipping unless speci®ed. Price Only Valid for quantity printed. Prices are only valid through the quote expiration date. BARCODES, INC. TRUESUPPORT AND SERVICES NOTICE: The Customer acknowledges that if declining any of the quoted Barcodes, Inc. TrueSupport or Barcodes, Inc. Services (such as staging, kitting, and installation), they will be charged for ANY support that they require through Barcodes, Inc. at our hourly rates. If Barcodes, Inc.©s TrueSupport or Services options are not listed on this quotation, please inquire for pricing.

All sales are considered taxable unless the appropriate valid exemption form is provided in advance of the order. Sales taxes are subject to change based on ®nal shipping charges, ship to address, or any changes to the items or quantities.

Quote prepared by
Christi Melendez
E : [email protected]
P :

Quote reference #
Q1716361
Expires: 08/12/2023
Bill To:

Lodi Police Department
P .O. Box 3006
Lodi CA 95241-1910
United States
Ship To:

Lodi Police Department
215 West Elm Street
Lodi CA 95240
United States
Remit To:

Barcodes LLC
PO Box 95637
Chicago, IL 60694-5637
1-800-351-9962
Item Description
UoM
Qty
Unit Price
Total
Mobile Label Printer, Zebra ZQ521, Direct Thermal, 203 dpi, 5ips, 4inch Print Width, Bluetooth, Standard Battery, 0.75" Core, IP54, USCanada EA
40 $585.00
$23,400.00
Docks & Cradles, Zebra, Kit, 4Bay Power Station, Us (Type A) Cord, ZQ500 Series
EA
10 $225.00
$2,250.00
Cables, Connectors, and Adapters, Zebra, Kit, Micro USB B To USB A, Plug,

1.8M, ZQ500 Series
EA
1 $16.00
$16.00
Zebra OneCare, Essential, Purchased Within 30 Days Of Printer, 3 Day TAT Available in NA and Mexico Only 5 Day TAT EMEA APAC, ZQ511, ZQ521, 3 Y ears, Comprehensive
EA
40 $165.00
$6,600.00
Receipt Paper, Zebra, ZSelect 4000D 3.2 Mil Thermal Receipt Paper, 4"(102mm) X 81.25©(25M), 0.75" Core, 2.25"(57mm) OD, 25 Y ear Archivability, 36 Rolls Per Case, Priced Per Case
EA
10 $175.00
$1,750.00

AGREEMENT WITH BARCODES INC (OR ITS APPLICABLE SUBSIDIARY) UNLESS A SEPARATE, PREEXISTING, WRITTEN AGREEMENT IS IN FORCE WITH BARCODES INC OR ITS APPLICABLE SUBSIDIARY .

Quote prepared by
Christi Melendez
E : [email protected]
P :

Quote reference #
Q1716361
Expires: 08/12/2023
Subtotal $34,016.00
Sales Tax $2,261.82
Shipping $0.00
Total $36,277.82
Device as a Service (DaaS) subscription option: A monthly DaaS subscription payment option is available for your consideration. Please contact your Barcodes Account Manager for a DaaS estimate and additional details.

RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CROSSROADS SOFTWARE, INC. OF BREA, CA, FOR A CITATION WRITING SYSTEM, RMS INTERFACE, AND CHP

SWITRS UPLOAD SYSTEM AND THE CORRESPONDING PURCHASE OF HANDHELD CITATION PRINTERS FROM BARCODES, INC. OF CHICAGO, IL, IN THE AMOUNT OF $110,000
======================================================================== WHEREAS, California Highway Patrol (CHP) 18 0 forms are used when officers tow a vehicle, track and report a stolen vehicle, and for abandoned vehicle abatement. The Lodi Police Department (LPD) completes around 900 forms a year; and

WHEREAS, the increase in field citations and the volume of CHP 180 forms have placed time-consuming administrative tasks on officers and have significantly increased the workload for the Police Records unit; and

WHEREAS, the Crossroads citation writing system allows officers to scan driver’s licenses and vehicle reg istration to automatically upload and import the offender’s data into a cellular phone-based application where the data is formatted in the application to complete the citation ; and
WHEREAS, in order to utilize the e-citation software and electronic forms, LPD will need to purchase handheld citation printers directly linking to the application platform and give citizens hard copies of the citations at the time of the traffic stop; and

WHEREAS, the authorization of this contract will streamline our Officers and Record Clerk’s citation and tow forms process to ensure we are boosting productivity while minimizing redundancy and errors in data entry; and

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the execution of a five -year Professional Services Agreement , Not -to-Exceed $110,000, with Crossroads Software, Inc., and approve the corresponding purchase from Barcodes, Inc.; and

BE IT FURTHER RESOLVED , that 2023/24 purchase costs for year one appropriate to AB1913 – 21399000.72369 and future expenditures appropriate to Operations Software Licensing Costs – 10032000.72369
Dated: September 6, 2023
======================================================================== I hereby certify that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 6, 2023, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk
2023-____
AGENDA ITEM C-20

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager Execute Amendment No. 1 to Agreement with San Joaquin County Sheriff’s Office Community Corps Service ($50,000) M
EETING DATE: September 6, 2023
P
REPARED BY: Parks, Recreation and Cultural Services (PRCS) Director RE
COMMENDED ACTION: Adopt resolution authorizing City Manager execute Amendment No. 1 to agreement with San Joaquin County Sheriff’s Office Community Corps Service ($50,000)
B
ACKGROUND INFORMATION: On January 23, 2023, PRCS entered into an agreement with the San Joaquin County Sheriff’s Office Community Corps Service for general labor by inmates including weeding, fire hazard removal, clearing and grubbing at various park locations including the Grape Bowl, DeBenedetti and Lodi Lake Nature Area with a not to exceed amount of $75,000 for three (3) years.

C
ity Council, at its July 19, 2023 meeting, allocated $250,000 for fire mitigation, tree maintenance and general cleanup at Lodi Lake with a priority to reduce fuel loads in the Nature Area. An additional $50,000 will be added to the existing agreement to allow for additional days of service to perform ground and brush clearing within the Nature Area to reduce fire hazards.

A
s of July 1, 2023, the work crew rates have been amended and approved by the Board of Supervisors of the County of San Joaquin. Revised rates are as follows:

Old Rates New Rates as of July 1, 2023
Crew Only 515 per day 322 half day 583 per day 365 half day Crew and Vehicle 560 per day 367 half day 686 per day 468 half day Crew, Vehicle and
Tools 620 per day 396 half day 724 per day 486 half day U
pon authorization for City Manager to execute Amendment No. 1 to agreement with San Joaquin County Sheriff’s Office Community Corps Service, $50,000 will be added to the overall agreement with the revised rates for a total not to exceed amount of $125,000 for three (3) years.

ST
RATEGIC VISION:
6B. Parks: Expand, develop, and maintain Lodi Lake to meet or exceed industry standards.

Adopt Resolution Authorizing City Manager Execute Amendment No. 1 to Agreement with San Joaquin County Sheriff’s Office Community Corps Service ($50,000)
September 6, 2023

Page 2 ends

FISCAL IMPACT: San Joaquin County Sheriff’s Office Community Corps Service crew will result in an overall cost savings e.g. staff time, equipment and disposal of brush, tree trimmings and weeds.

FUNDING AVAILABLE: $50,000 added to 20072202.72499

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

________________________________________
Christina Jaromay
Parks, Recreation and Cultural Services Director

CJ:tl

Cc: City Attorney

Attachment

RESOLUTION NO. 2023-

ADOPT RESOLUTION AUTHORIZING CITY MANAGER EXECUTE AMENDMENT NO. 1 TO AGREEMENT WITH SAN JOAQUIN COUNTY SHERIFF’S OFFICE COMMUNITY CORPS SERVICE ($50,000)
========================================================================

WHEREAS, the Lodi Parks, Recreation and Cultural Services (PRCS) entered into an agreement with the San Joaquin County Sheriff’s Office Community Corps Service on January 23, 2023, for general labor by inmates including weeding, fire hazard removal, clearing and grubbing at various park locations; and

WHEREAS, additional services are needed at Lodi Lake Nature Area to reduce fuel loads; and

WHEREAS, the Board of Supervisors of the County of San Joaquin has approved revised rates for work crews; and

WHEREAS, Lodi City Council at its July 19, 2023, meeting allocated $250,000 for fire mitigation, tree maintenance and general cleanup at Lodi Lake with a priority to reduce fuel loads in the Nature Area; and

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 with San Joaquin County Sheriff’s Office Community Corps Service to add $50,000 (to account 20072202.72499) to the overall Agreement with the revised rates for a total not to exceed amount of $125,000 for three (3) years

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: September 6, 2023

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

I hereby certify that Resolution No. 2023- was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 6, 2023, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2023-
AGENDA ITEM C-21

B
ACKGROUND INFORMATION: On June 24, 2021, Parks, Recreation and Cultural Services (PRCS) entered into a Professional Services Agreement with United Site Services, Inc. for rental equipment, portable toilets, hand wash stations and other similar rental stations for use by the public for hygiene and convenience at various park facilities and city-sponsored public events for a total not to exceed amount of $43,052 for up to five years. Amendment No. 1, executed September 20, 2022, increased the agreement by $10,000 for increased sanitation services for a total contract amount of $53,052.

T
he Lodi Lake north restroom was destroyed by arson fire on June 4, 2023, and therefore is closed to the public. Portable toilets and hand wash stations are necessary for public use. City Council, at its July 19, 2023 meeting, allocated $283,000 for Lodi Lake North Restroom Fire Damage Repair which includes $33,000 for portable toilets and hand wash stations for one year.

U
pon authorization for City Manager to execute Amendment No. 2 to Professional Services Agreement with United Site Services, Inc., $33,000 will be added to the overall agreement for a total not to exceed amount of $86,052 for up to five years.

ST
RATEGIC VISION:
6B. Parks: Expand, develop, and maintain Lodi Lake to meet or exceed industry standards.

F
ISCAL IMPACT: Providing portable toilets and hand wash stations on the north side of Lodi Lake allows the C ity to continue offering rentals of north side picnic and shelter areas which are a source of revenue.

F
UNDING AVAILABLE: $86,052 20072202.72499

Adopt Resolution Authorizing City Manager Execute Amendment No. 2 to Agreement with United Site Services, Inc. ($33,000) September 6, 2023

Page 2 ends

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

________________________________________
Christina Jaromay
Parks, Recreation and Cultural Services Director

CJ:tl

Cc: City Attorney

Attachment

RESOLUTION NO. 2023-

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING CITY MANAGER EXECUTE AMENDMENT NO. 2 TO AGREEMENT WITH UNITED SITE SERVICES, INC. ($33,000) ========================================================================

WHEREAS, the Lodi Parks, Recreation and Cultural Services (PRCS) entered into an agreement with United Site Services, Inc. on June 24, 2021 for rental equipment, portable toilets, hand wash stations and other similar rental stations for use of the public for hygien e and convenience at various park locations and city-sponsored public events; and

WHEREAS, Amendment No. 1 to the Agreement executed September 20, 2022 added $10,000 for increased sanitation services for a total contract amount of $53,052; and

WHEREAS, the Lodi Lake north restroom was destroyed by arson fire on June 4, 2023 thereby requiring the restroom facility be closed to the public; and

WHEREAS, portable toilets and hand wash stations are necessary for public use; and

WHEREAS, Lodi City Council at its July 19, 2023 meeting allocated $283,000 for Lodi Lake North Restroom Fire Damage Repair which includes $33,000 for portable toilets and hand wash stations for one year; and

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 2 with United Site Services, Inc. to add $33,000 (account 20072202.72499) to the overall Agreement for a total not to exceed amount of $86,052 for up to five years.

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: September 6, 2023

======================================================================== I hereby certify that Resolution No. 2023- was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 6, 2023 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2023-
AGENDA ITEM C-22

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 3 to the Professional Services Agreement with Inner City Action, Inc. for Operations of the Temporary Emergency Shelter to Extend Services for One Year with Option to Extend Six Months in an Amount Not to Exceed $1,145,000 Annually and Execute Amendment No. 2 to the Professional Services Agreement with The Salvation Army for Food and Laundry Services to Extend Services for One Year with Option to Extend Six Months in an Amount Not to Exceed $160,000 Annually
MEETING DATE: September 6, 2023
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Inner Action Inc. for the operations of the Temporary Emergency Shelter to extend services for one year with an option to extend six months in an amount not to exceed $1,145,000 annually and execute Amendment No. 2 to the Professional Services Agreement with The Salvation Army for food and laundry services to extend services for one year with option to extend six months in an amount not to exceed $160,000 annually.

BACKGROUND INFORMATION: On November 4, 2020, the City Council adopted the San Joaquin Community Response to Homelessness – 2020 San Joaquin Strategic Plan (“Strategic Plan”).

The Strategic Plan includes goals and strategies developed from community feedback, which includes increasing access and reducing barriers to homeless crisis response services.

On April 7, 2021, City Council accepted the Permanent Local Housing Allocation (PLHA) grant of approximately $2 million, allocated primarily towards the Access Center. On May 5, 2021, Council approved allocating $5.5 million of American Rescue Plan Act federal funds to the development of a Navigation Center, now known as the Access Center. On May 5, 2021, City Council also approved the Lodi Access Center Community Engagement Plan, which was the first step in order to move forward with several of the goals identified in the Strategic Plan.

On July 13, 2021, the County Boa rd of Superv isors approved $2 million towards our Access Center project development and $800,000 towards our temporary emergency shelter site development from the San Joaquin County (County) capital-outlay fund. On October 6, 2021, City Council approved the Access Cen ter location at 710 N. Sacramento Street in Lodi.

Temp Access Center Amendments
September 6, 2023

Page 2 of 3 ends

On April 20, 2022, City Council Approved Inner City Action Inc., to operate the Temporary Emergency Shelter (AKA Temporary Access Center) and The Salvation Army to provide food and laundry services. The Temporary Access Center officially opened for operations on July 22, 2022.

As the permanent Access Center is still in development, temporary operations need to be extended in the interim to ensure continuity of services.

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Inner Action Inc. for the operations of the Temporary Emergency Shelter to extend services for one year with an option to extend six months in an amount not to exceed $1,145,000 annually and execute Amendment No. 2 to the Professional Services Agreement with The Salvation Army for food and laundry services to extend services for one year with option to extend six months in an amount not to exceed $160,000 annually.

The tables below summarize the available funding and expenditures to date for the Access Center construction and operations through June 30,2023.

Funding Source Amount Allocated
Expenditures Through
June 30, 2023 Remaining
San Joaquin County Capital-Outlay Grant 2,800,000$ $ 2,516,618 283,382$ San Joaquin County ARPA Grant 8,200,000$ -$ 8,200,000$ Homeless Housing, Assistance, & Prevention (HHAP)
Round 2 414,042$ 112,476$ 301,566$ City Electric Utility (Energy Efficiency Upgrades) 125,000$ -$ 125,000$ Local Early Action Planning Grant 125,000$ 123,659$ 1,341$ City of Lodi ARPA Funds 4,504,883$ 124,768$ 4,380,116$ Community Project Funding Grant 1,048,000$ -$ 1,048,000$ Total: $ 17,216,925 $ 2,877,521 $ 14,339,404 Funding Source Amount Allocated
Expenditures Through
June 30, 2023 Remaining
Permanent Local Housing Allocation Grant 2,006,589$ $ 914,149 1,092,440$ City of Lodi ARPA Funds 1,638,670$ -$ 1,638,670$ HHAP Round 3 578,537$ -$ 578,537$ 2022 City One-Time Surplus Funds (Ambassador Program) 700,000$ 225,061$ 474,939$ Total: $ 4,923,796 $ 1,139,210 $ 3,784,586 Access Center Shelter Allocated Funding Towards Operations Access Center Shelter Allocated Funding Towards Capital Note: Includes community engagement costs, acquisition of property, temporary Access Center start-up, design and construction of permanent Access Center
Note:

1. Current expenditures are for the temporary Access Center operations since it opened July 2022.

2. HHAP Round 3 funds have been awarded, pending subrecipient agreement to accept and appropriate Temp Access Center Amendments
September 6, 2023

Page 2 of 3 ends

STRATEGIC PRIORITY ADDRESSED: Strategic Milestone 4-E, adopt standards and policies to promote housing for all economic levels.

FISCAL IMPACT: Permanent Local Housing Allocation (PLHA) grant and Homeless Housing Assistance, and Prevention Grant will support the operational costs of the Temporary Access Center.

FUNDING AVAILABLE: 35585000.77020 and 35599000-77020, revenue and appropriations are already included in the Community Development Department Budget.

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

_______________________________
John R. Della Monica, Jr.

Community Development Director

Attachments:

1. Inner City Action Inc, Amendment No.3

2. The Salvation Army Amendment No. 2

Exhibit A
CONTRACT AMENDMENT No. 1
Inner City Action, Inc.
�
THIS CONTRACT AMENDMENT No. 1 is made and effective this I 3 -\
·l\:fay of Nm.«oRlbeF, 2022, by and
between the CITY OF LODI, a municipal corporation, hereinafter called "CITY", and INNER CITY ACTION, INC. a California Corporation, hereinafter called "CONTRACTOR." W I T N E S S E T H:

1. CONTRACT: Contractor and City, entered into an Agreement for Professional Services on June 6, 2022, attached hereto as Exhibit A and made a part hereof as though fully set forth herein. Contractor and City now desire to expand the scope of services to include additional work as outlined in Attachment A in an amount not to exceed $275,000.

2. TERMS AND CONDITIONS: All other terms and conditions of the Agreement, except as set forth above, will remain unchanged.

Counterparts and Electronic Signatures. This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature.

CITY OF LODI, a municipal corporation
Cl,..,k
�rSTEPHEN�ABAUER
City Manager
Attest:

OLIVIA NASHED
City Clerk
Approved as to Form:

JANICE D. MAGDICH
City Attorney

CONTRACTOR
Frank saldana (Nov 29, 2022 17:27 EST)
INNER CITY ACTION, INC.,
a California Corporation
By: Frank Saldana
Title: Director/Founder/CEO
Budget Line Item Amount
Salary and Benefits 41,600$
Supplies/Outreach Materials 13,000$
Total: 54,600$
Budget Line Item Amount
Lunch ($5 per meal)(49 meals) 89,425$
Budget Line Item Amount
Salary and Benefits (24 hours a week) 26,208$
Supplies 6,500$
Fuel 7,800$
Dump Fees (If needed) 2,000$
Total: 42,508$
Budget Line Item Amount
Miscellaneous 5,000$
Additional Laundry Service (Loads of Hope) 6,000$
Veterinary Care 7,500$
Total: 18,500$
Total Additions 205,033$
16 months cost estimate 273,377$
Note: Calculated at 16 months to align with the anticipated remaining term of the Inner City Action Agreement Inner City Action - Access Center Neighborhood Clean-Up Annual Cost Inner City Action - Lunch Annual Cost
Inner City Action - Outreach Director Budget Annual Cost Rounded up to a Not to Exceed Amount of $275,000
Inner City Action - Miscellaneous Annual Cost

ATTACHMENT A
NOT TO EXCEED $275,000
Inner City Action Inc. Proposal
Lodi Outreach Director
Outreach Director
Scope of work: The Inner City Action Inc Outreach Director will be focused on reaching the homeless community of Lodi to offer them services at the Lodi Access Center as well as resources and referrals. Our Outreach Director will focus on building a good rapport with the homeless community through efficiency and consistency. The Outreach Director will collaborate with San Joaquin County outreach team by attending meetings and participating in helping solve the homeless crisis in the City of Lodi. He/She shall become familiar with all current resources already established in the City of Lodi and utilize them as needed.

He/She will develop on going strategies for new efforts to get the homeless off the streets and into temporary or permanent housing. The Outreach Director will also oversee the daily transportation of homeless individuals to and from the Lodi Access Center.

Start Date: Upon approval
Budget $250.00 a week
Includes: *Fuel for Transportation of the homeless
*Supplies such as latex gloves and trash bags
*Miscellaneous for Direct needs such as hygiene products, Feminine products, a bus ticket etc.

Outreach Director Hours/Rate: 40 Hours a week at $20.00 per hour

ATTACHMENT A
Inner City Action Outreach Director – City of Lodi
Job Description:
• Be the “point” person for Lodi in scheduling, communicating, and tracking services/events for the homeless with the community and county agencies. This includes:
o Responding to community partners for outreach requests and liaise between city and county collaborative partners.
o Coordinating with current agencies/organizations to continue provide resources for important housing and services programs for homeless in our community. o Communicating with local and county/state agencies on camp clean-ups. o Coordinating and strengthen partnerships between agencies and organizations that work on homeless issues and/or provide direct services. o Provide communication to participating organizations, The City of Lodi, and Lodi Committee on Homelessness.
• Outreach will include:
o Working closely with the current organizations in Lodi and San Joaquin County to identify homeless individuals and work individually with them to meet their needs and move them off the streets to accessing resources, services and other benefits.
 Provide support for benefit, housing, and other social service applications to be submitted on behalf of the client.
o Developing ongoing strategies to get individuals experiencing homelessness off the streets and into temporary or permanent housing.
o Overseeing the daily transportation of unsheltered individuals to and from the Lodi Access Center
• Keep and update resource information on services and organizations. • Provide support and coordination for the Point in Time Count

ATTACHMENT A

LODI ACCESS CENTER LUNCHES
$5.00 per lunch meal served
Total clients per lunch: average 49 people
Total estimated cost per day: $245.00
$245.00 x 365 days a year = $89,425.00 (estimated annual cost) **Meals served may vary. Total cost estimate based on an average of 49 meals served per lunch but billed on a per meal served.
**Meals donated by other organizations will not be billed to the City of Lodi.

ATTACHMENT A

CITY WIDE CLEAN-UP
1 Staff (8 hours per day):
$21.00 per hour 24 hours/3 days
Total $504 per week x 4 weeks = $2,016.00 per month for staff lead Miscellaneous:
$125.00 per week x 4 weeks = $500.00 per month
(Gloves, trash bags, tools, cleaning supplies, etc.)
Fuel:
$50.00 per day x 3 = $150.00 per week
x 4 weeks = $600.00 per month
$2,016.00 staff
$500.00 miscellaneous
$600.00 fuel
Total per month $3,116.00
*This does not include dump fees
*Trash will be dumped in dumpster at Lodi Access Center

ATTACHMENT A
Inner City Action – Veterinary Care
$7,500 will be made available to Inner City Action, Inc to utilize for Veterinary Care as needed for Access Center overnight clients. This is to ensure the health and safety of all guests at the Access Center.

Not included in the use of these funds is vaccinations as a separate vaccination clinic will be provided by City of Lodi Animal Services on a bi-annual basis. Additionally, Lodi Animal Services can provide spay and neuter vouchers for client pets. Anything over the voucher amount could be co vered b y this fund if the client does not have sufficient resources.

ATTACHMENT A

AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1

PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on J \.LV\,e_, \o , 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and INNER CITY ACTION, INC., a California Corporation. (hereinafter "CONTRACTOR").

Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.

CITY wishes to enter into an agreement with CONTRACTOR for operation of the Temporary Emergency Shelter (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY.

Section 2.1 Scope of Services
ARTICLE 2

SCOPE OF SERVICES
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A in conjunction to the outlined below.

A. Temporary Emergency Shelter Program
CONTRACTOR, shall establish the Project including, but not limited to providing appropriate tent structures for dining, sleeping and congregating, showers, and restrooms.

CONTRACTOR, shall provide a clean and safe area for persons experiencing homelessness and develop a pathway, toward permanent housing, income, healthcare, and stability, thus helping guests at the Project become self-sufficient.

At minimum, the CONTRACTOR shall provide the following services:

1. Intake - the Contractor will register/intake guests upon arrival and facilitate storage of personal belongings.

2. Security within the Project facility to ensure the safety of guests and staff.

3. Overnight supervision - the Contractor will oversee the safety of the physical environment.
1 2

4. Clean up/prepping space - the Contractor will be responsible for keeping the service location clean each day, including trash pick-up, laundering washable items provided to guests, and ensuring restroom and shower facilities are clean.

5. Referrals - the Contractor shall provide case management and/or referrals (through the HMIS system) for guests seeking permanent housing, mental health, medical, job placement, and other social services.

B. Staffing and Training

1. Ensure there is a trained staff member during all hours of operation at the Project. Staff must be 18 years of age or older.

2. Ensure staff is oriented to the special needs of individuals who are unsheltered, experience mental health issues, substance abuse issues, or intimate partner/domestic violence issues.

3. Create a staffing plan that includes provisions to maintain safety and security in the Project.

4. Provide accessibility and accommodations for individuals with disabilities.

5. Have a written policy of guest responsibilities that is readily available to all guests.

C. Reporting
CONTRACTOR, will be required to enter client level data in the Homeless Management Information System (HMIS) for each client accessing the Project.

CONTRACTOR, will be required to provide monthly reporting of:

1. Number of clients served daily

2. Number of clients finding permanent housing, entering programs, finding an exit to homelessness, etc.

D. Temporary Emergency Center Hours of Operation
The Project is expected to be operational 24-hours each day, 7 days per week. This however, does not prohibit the Contractor from locking the property at night to increase safety for guests and employees at the Emergency Center.

E. Acceptance of Animals in the Temporary Emergency Shelter CONTRACTOR, shall allow and provide an area to secure guests animals. CONTRACTOR, must ensure the safety of all animals and guests at the Project. 3 Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.

CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.

CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR’s contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments.

Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.

Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR’s capabilities and on the qualifications of CONTRACTOR’s principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY’s sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR’s project staff prior to any change.

CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein.

CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.

4 Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement.

Section 2.6 Term
The term of this Agreement commences on May 01, 2022 and terminates upon the completion of the Scope of Services or on April 30, 2023, whichever occurs first.

Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional one (1) six (6)-month extension; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect.

The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed one (1) year and six (6) months.

ARTICLE 3

COMPENSATION

Section 3.1 Compensation
CONTRACTOR’s compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference.

CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY.

Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR’s compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.

Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY.
5 Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.

ARTICLE 4

MISCELLANEOUS PROVISIONS

Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.

Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney’s fees and costs), arising o ut of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be 6 liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed offi cials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.

Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement.

Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.

Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.

CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.

Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:
7 To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: John R. Della Monica, Jr.

To CONTRACTOR: Inner City Action, Inc.
1800 N. Wilson Way
Stockton, CA 95205
ATTN: Frank Saldana

Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services.

Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.

Section 4.11 Termination
CITY or CONTRACTOR may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice to the other party. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.

Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as “Confidential” or “Proprietary”, 8 except to the extent otherwise required by law or permitted in writing by CONTRACTOR.

CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.

Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney’s Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising f rom this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the rem ainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney’s fees from the party who does not prevail as determined by the San Joaquin County Superior Court.

Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder.

Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder.

Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.

Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document.

Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.

Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been 9 obtained or prepared under this Agreement, shall be deemed the pr operty of CITY. Upon CITY’s request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR’s regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.

CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY’s use of such documents for any purpose other than the purpose for which they were intended.

Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.

lN WTNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written.

ATTEST CITY OF LODI, a municipal corporation

VIA NASHED
City Clerk City Manager
APPROVED AS TO FORM:

JANICE D. MAGDICH, City Attorney
lnner City Action, lnc.
a California corporation
By: Frank 4,2022 11:30 PDf)
Name: Frank Saldana
Title: Director/Founder/CEO
Attachments:

Exhibit A - Scope of Services
ExhibitB-FeeProposal
Exhibit G - lnsurance Requirements
Exhibit D - Federal Transit Funding Conditions (if applicable) Funding Source: Permanent Local Housinq Allocation Grant. PLHA-21001 (Business Unit & Account No.)
Doc lD:

CA:Rev.05.2022.17
10 Exhibit A

START UP COST (BASED ON 50 PPL)
Cost Inner City Action Inc City of Lodi
Turf 10,000.00$ -$ 10,000.00$
Pop-up Tents 2,000.00$ -$ 2,000.00$
2 Fire Proof Filing Cabinets 2,800.00$ -$ 2,800.00$ Printer 200.00$ -$ 200.00$
Shelving units 350.00$ -$ 350.00$
5 Dog Kennels 600.00$ -$ 600.00$
Fire extingushers 600.00$ -$ 600.00$
Signs/Banners 1,000.00$ -$ 1,000.00$
Illuminated Exits Signs 1,600.00$ -$ 1,600.00$
Cots 2,500.00$ -$ 2,500.00$
Food Warmers 1,700.00$ -$ 1,700.00$
Lights 450.00$ -$ 450.00$
Changing Tents 200.00$ -$ 200.00$
Charging stations 250.00$ -$ 250.00$
Coffee Pot 150.00$ -$ 150.00$
Towels 500.00$ -$ 500.00$
Sleeping Bags 1,250.00$ -$ 1,250.00$
Projector 150.00$ -$ 150.00$
DVD player 130.00$ -$ 130.00$
Extention cords & covers 2,000.00$ -$ 2,000.00$
Tables 650.00$ -$ 650.00$
Miscellaneous supplies 5,000.00$ -$ 5,000.00$
TOTAL START UP COST 34,080.00$ -$ 34,080.00$

EXHIBIT B
OPERATING COST - 6 MONTH BUDGET
Cost Inner City Action Inc City of Lodi
Tent Rental 6,000.00$ 6,000.00$
Shower Rental 6,000.00$ 6,000.00$
Transportation (Fuel Maintence & Repairs) 18,000.00$ -$ 18,000.00$ Additional Transportation Cost
pickup/cleanup days 9,000.00$ 9,000.00$ -$
Reefer Truck Cold Storage 4,800.00$ 4,800.00$ -$
2 Dry Containers 2,520.00$ -$ 2,520.00$
Vehicle Insurance 7,200.00$ 7,200.00$ -$
Office Supplies 1,800.00$ -$ 1,800.00$
Janitoral/Cleaning Supplies 3,000.00$ -$ 3,000.00$ Portable Bathroom Rental/Services 11,190.00$ -$ 11,190.00$ Warming/Cooling Heaters/AC 25,200.00$ -$ 25,200.00$ Meeting Expenses 900.00$ 900.00$ -$
Miscellaneous 9,000.00$ 9,000.00$
Resource Cards 600.00$ 600.00$ -$
Hair Cut Station 600.00$ 600.00$ -$
Communication 600.00$ 600.00$ -$
Recreational/Client Outings 3,000.00$ 3,000.00$ -$ Incentives/Raffle 4,800.00$ 4,800.00$ -$
Life Coaching 1,200.00$ 1,200.00$ -$
Certified Drug Counselor 2,000.00$ 2,000.00$ -$
Workers Comp Insurance 16,705.00$ 8,000.00$ 8,705.00$ Employer Payroll Tax 15,000.00$ 15,000.00$ -$
Insurance 600.00$ -$ 600.00$
TENTATIVE PERSONNEL COST - 6 MONTH BUDGET
Cost Inner City Action Inc City of Lodi
Director - Frank (Exempt Salary) 33,000.00$ -$ 33,000.00$ Co-Director - (Exempt Salary) 29,130.00$ -$ 29,130.00$ Supervisor - (Exempt Salary) 29,130.00$ -$ 29,130.00$ Administrator - Full Time (Hourly) 16,320.00$ -$ 16,320.00$ Night Shift Operations - Manuel (Hourly) 15,360.00$ -$ 15,360.00$ Security - Full Time Day Shift (Hourly) 15,360.00$ -$ 15,360.00$ Security - Full Time Mid Shift - (Hourly) 15,360.00$ -$ 15,360.00$ Security - Full Time Night Shift (Hourly) 15,360.00$ -$ 15,360.00$ Front Desk - Full Time (Hourly) 15,360.00$ -$ 15,360.00$ Front Desk - Part Time (Hourly) 6,144.00$ -$ 6,144.00$ Driver - Full Time (Hourly) 15,360.00$ -$ 15,360.00$ Driver - Part Time (Hourly) 6,144.00$ -$ 6,144.00$ Shower Operator - Full Time (Hourly) 15,360.00$ -$ 15,360.00$ Shower Operator - Part Time (Hourly) 6,144.00$ -$ 6,144.00$ TOTAL 383,247.00$ 57,700.00$ 325,547.00$
START UP COST 34,080.00$
MONTHLY EXPENSE 54,258.00$
IN AN AMOUNT NOT TO EXCEED $1,010,721

Page 1 ends

EXHIBIT C

NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically

Insurance Requirements for Most Contracts
(Not construction or requiring professional liability)

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. Commercial General Liability (CGL): Insurance 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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

Other Insurance Provisions:

(a) Additional Named Insured 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 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used

(b) Primary and Non-Contributory Insurance 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 CG 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 Subrogation 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 CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring.

(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.

(e) Notice of Cancellation or Change in Coverage 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.

Page 2 ends

(f) Continuity of Coverage
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. If 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 (California Government Code Section 810 et seq.).

(g) Failure to Comply
If 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 Coverage
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 City 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.

(i) Self-Insured 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. (j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, 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) Qualified Insurer(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-, VI” 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 California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.

OPERATING COST - 12 MONTH BUDGET
Cost Inner City Action Inc City of Lodi
Tent Rental 12,000.00$ -$ 12,000.00$
Shower Rental 24,000.00$ -$ 24,000.00$
Lunches 89,425.00$ -$ 89,425.00$
Transportation (Fuel, Maintence & Repairs) 12,000.00$ -$ 12,000.00$ Additional Transportation Cost pickup/cleanup
days 9,000.00$ 9,000.00$ -$
Reefer Truck Cold Storage 9,600.00$ 9,600.00$ -$ 2 Storage Containers Rental 6,000.00$ -$ 6,000.00$ Vehicle Insurance 14,400.00$ 14,400.00$ -$
Office Supplies 7,200.00$ -$ 7,200.00$
Janitoral/Cleaning Supplies 6,000.00$ -$ 6,000.00$ Portable Bathroom Rental/Services 36,400.00$ -$ 36,400.00$ Heaters/AC Rental 76,050.00$ -$ 76,050.00$
Support Services/Supplies 20,000.00$ -$ 20,000.00$ Meeting Expenses 2,400.00$ 2,400.00$ -$
Resource Cards 2,400.00$ 2,400.00$ -$
Hair Cut Station 2,000.00$ 2,000.00$ -$
Communication 1,500.00$ 1,500.00$ -$
Recreational/Client Outings/Client Development 12,000.00$ 12,000.00$ -$ Incentives/Raffle 8,000.00$ 8,000.00$ -$
Life Coaching 2,400.00$ 2,400.00$ -$
Certified Drug Counselor 4,000.00$ 4,000.00$ -$ Insurance 1,250.00$ -$ 1,250.00$
Additional Laundry Services 12,000.00$ 6,000.00$ 6,000.00$ Neighborhood Clean Up Fuel & Supplies 14,300.00$ -$ 14,300.00$ City Wide Clean Up Fuel & Supplies *Additional
Days* 5,200.00$ -$ 5,200.00$
Outreach Supplies 13,000.00$ -$ 13,000.00$
Veterinary Care 7,500.00$ -$ 7,500.00$
PERSONNEL COST - 12 MONTH BUDGET
Cost Inner City Action Inc City of Lodi
Director - Frank (Exempt Salary) 72,000.00$ -$ 72,000.00$ Co-Director - (Exempt Salary) 65,625.00$ -$ 65,625.00$ Co-Director - (Exempt Salary) 65,625.00$ -$ 65,625.00$ Administrator - Full Time (Hourly) 28,288.00$ -$ 28,288.00$ Security - Full Time Day Shift (Hourly) 35,360.00$ -$ 35,360.00$ Security - Part Time Day Shift (Hourly) 14,144.00$ -$ 14,144.00$ Mid Shift Operations - Full Time (Hourly) 35,360.00$ -$ 35,360.00$

ATTACHMENT A
Mid Shift Operations - Part Time (Hourly) 14,144.00$ -$ 14,144.00$ Security - Full Time Mid Shift - (Hourly) 35,360.00$ -$ 35,360.00$ Security - Part Time Mid Shift - (Hourly) 14,144.00$ -$ 14,144.00$ Night Shift Operations - Full Time (Hourly) 35,360.00$ -$ 35,360.00$ Night Shift Operations - Part Time (Hourly) 14,144.00$ -$ 14,144.00$ Security - Full Time Night Shift (Hourly) 35,360.00$ -$ 35,360.00$ Security - Part Time Night Shift (Hourly) 14,144.00$ -$ 14,144.00$ Front Desk - Full Time (Hourly) 35,360.00$ -$ 35,360.00$ Front Desk - Part Time (Hourly) 14,144.00$ -$ 14,144.00$ Floater - Full Time (Hourly) 35,360.00$ -$ 35,360.00$ Floater - Part Time (Hourly) 21,216.00$ -$ 21,216.00$ Driver - Full Time (Hourly) 35,360.00$ -$ 35,360.00$ Driver - Part Time (Hourly) 14,144.00$ -$ 14,144.00$ Shower Operator - Full Time (Hourly) 35,360.00$ -$ 35,360.00$ Shower Operator - Part Time (Hourly) 14,144.00$ -$ 14,144.00$ Neighborhood Clean Up - Part Time (Hourly) 27,456.00$ -$ 27,456.00$ City Wide Clean Up *Additional Days - Part
Time (Hourly) 18,304.00$ -$ 18,304.00$
Outreach/Case Worker - Full Time (Hourly) 41,600.00$ -$ 41,600.00$ OTHER PERSONNEL COST - 12 MONTH BUDGET
Cost Inner City Action Inc City of Lodi
Workers Comp Insurance 33,000.00$ -$ 33,000.00$ Employer Payroll Tax 90,000.00$ 90,000.00$ -$
TOTAL 1,304,531.00$ 163,700.00$ 1,140,831.00$ NOT TO EXCEED $1,145,000
Misc Incidentals $4,169.00

Exhibit A

AGREEMENT FOR PROFESSIONAL SERVIGES

ARTICLE I

PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on CJVr-rt- l3 ,2022,by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and The Salvation Army, a California Corporation (hereinafter "CONTRACTOR').

Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.

CITY wishes to enter into an agreement with CONTRACTOR for Laundry and Food Services for the Temporary Emergency Shelter (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
scoptTlcsleKrces
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A.

Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otheruvise designated in the Scope of Services.

CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.

CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames.

The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. 1 Section 2.3 Meetinqs
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.

Section 2.4 Staffino
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to othenruise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change.

CONTRACTOR represents it is prepared to and can perform allservices within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.

Section2.S Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement.

Section 2.6 Term
The term of this Agreement commences on May 01,2022 and terminates upon the completion of the Scope of Services or on April 30,2023, whichever occurs first.

Section 2.7 Option to Extend Term of Aqreement
At its option, City may extend the terms of this Agreement for an additional one (1) six (6)-month extension; provided, City gives Contractor no less than thirty (30) days written notice of its intent priorto expiration of the existing term. ln the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in fullforce and effect.
2 any option under this paragraph, all other terms and conditions of this Agreement continue and remain in fullforce and effect.

The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed one (1) year and six (6) months.

ARTICLE 3

COIIIPENSATION
Section3.l Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibít B and incorporated by this reference.

CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additionalwork is approved in advance and in writing by CITY.

Section 3.2 lUlethod of Pavment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as othenrise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.

Section 3.4 Auditinq
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying 3 such books, records, accounts, and other materialthat may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.

ARTICLE 4

MISCELLANEOUS PROVISIONS
Section4.l Nondiscrimination
ln performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.

Section 4.2 ADA Compliance
ln performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

Section 4.3 lndemnification and Responsibilitv for Damase CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers.

CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. lf CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in additíon to, and shall not in any way be limited by the insurance obligations set forth herein. 4 Section 4.4 No Personal Liabilitv
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement.

Section 4.5 Responsibility of GITY
CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.

Section 4.6 lnsurance Requirements for GONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.

Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:

To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: John R. Della Monica, Jr.

To CONTRACTOR: The Salvation Army, Lodi Corps
525 W. Lockeford St.

Lodi, CA 95240
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. 5 Section 4.10 CONTRACTOR is N an Emolovee of GITY
CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.

Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.

Section 4.12 Confidentialitv
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent othenrise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent othenrise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.

Section 4.13 Applicable Law. Jurisdiction. Severabilitv. and Attornev's Fees This Agreement shall be governed by the laws of the State of California.

Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. lf any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. ln the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any 6 litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court.

Section 4.14 Gitv Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder.

Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder.

Section 4.16 lnteqration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.

Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document.

Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.

Section 4.18 Severabilitv
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

Section 4.19 Ownershin Documents
All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY.

Upon CITY's reguest, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.

CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended.
7 Section 4.20 Authoritv
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.

Section 4.21 Federal Transit Fundinq Conditions
tr lf the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. ln the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control.

Section 4.22 Gounterparts and Electronic Siqnatures
This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearíng an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the lnternet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature.
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lN WTNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written.

ATTEST CITY OF LODI, a municipalcorporation
PAMEI.A M. FARRI
Assistant City Clerk City Manager
APPROVED AS TO FORM:

JANICE D. MAGDICH, CityAttomey
The Salvation Army
JfÞ--a
By J ohn B rãcke n bu ry {M ay 12,2022 L3t52 PDÌJ
Name: LEGAL S¡GNATOR
Title: Oiv¡sionaI Commander
Attachments:

Exhibit A - Scope of Sewices
ExhibitB-FeeProposal
Exhibit G - lnsurance Requiremenb
Exhibit D - Federal Translt Fundlng Gondltlons (lf appllcable| Funding Source: IPLHA-21001L35585000.77020
(Business Unit & Account No.)
Doc lD:

CA:Rev.03.2022.elecsign.LT
I
Created:

By:

Status:

Transaction lD:
2022-0s,'02
Lorie Waters (lwaters@lodi. gov)
Signed
CBJCH BCAABAAlV6YyrwVq6l MAMNMzukCWqtse9Z4rbsR
_Th eSa lvationArmyPsA_CA i n itia led
FinalAudit Report 2022-05-12
"_TheSalvationArmyPsA_CA initialed" History
Ð Document created by Lorie Waters ([email protected])
2022-05-02 - 11:50:33 PM GMT
q> Document emailed to [email protected] for signature 2022-05-02 - 11:51:18 PM GMT
t Email viewed by [email protected] 2022-05-03- 3:32:21 AM GMT
El New document URL requested by [email protected] 2022-05-12 - 6:33:20 PM GMT
Ð Ema¡l viewed by [email protected] 2022-05;12 - 6:33:37 PM GMT
,Ð Document signing delegated to [email protected] by [email protected]
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4 Document emailed to [email protected] for signature 2022-05-12- 7:32:33 PM GMT
t Email viewed by [email protected]
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å Document signing delegated to John Brackenbury ([email protected]) by [email protected]
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B Document emailed to John Brackenbury ([email protected]) for signature 2022-05-12 - 8:46:37 PM GMT
Ð Email viewed by John Brackenbury ([email protected]) 2022-05-'12- 8:51:15 PM GMT
@ nOoUe Acrcbat Sign
ás Document e-signed by John Brackenbury [email protected]) Signature Date: 202245:12 - 8:52:32 PM GMT - Time Source: server O Agreement completed.
2022-05-12 - 8:52:32 PM GMT
@ nAoUe Acrobat Sign
DoINc THE

MOST GOOD
General William &
Cather¡ne Booth
Founders
General
Br¡an Peddle
lnternat¡onal Leader
Commiss¡oner
Douglas Riley
Territorial Commander
Il/lajor John Brackenbury
Major Pam Brackenbury
Div¡sional Leaders
Major Mark Thielenhaus
llajor Michelle Thielenhaus
Corps Officers
Advisorv Board
Paul Anderson
Chair
Clint Waring
Vice Chair
Marilee Ginoulis
Seeretary
Nancy Beckman
Twyla Brooks
Christine Cesena
Steve Cottrell
Sonja Edd-Bennett
Patricia Fehling
Nicole Goehring
Pam Kludt
Bill Moersch
Annette lvlurdaca
Pat Patrick
Dave Smilh
Mike Smith

THE SALVATION ARMY LODI CORPS
& HOPE HARBOR FAMILY SERVICE CENTER
March 21,2022

EXHIBITA
Statement of Work
The Salvation Army will provide supportive services to the low barrier shelter / access center, located at7l0 N. Sacramento Street, during the emergency phase I process.

Scope of Work
Meals:

The Salvation Anny will be prepared to provide up to 3 meals a day,7 days a week, for 49 clients residing at the Low Barrier shelter through access to our Hope Harbor Shelter at designated times set in advance, or by delivering food to the Access Center for serving.

Meals will be calculated at an average of S3 per meal, 3 meals a day, for a total of 59 daily for 49 clients each, for a total of $441 per day.

Laundry:

The Salvation Army will provide laundry service (a wash and a dry) at an estimated cost of $9.00 per load to cover water, electricity, detergent and staff time for up to l6 loads of laundry aday. Totalcost 5144.00 aday.

These loads will be for one outfit per client in a mesh bag (up to 3 4 bags a load), or 3 sets of bedding per load (one sheet, one towel, one pillow case). Bedding will only be done for shelter purchased bedding (no outside bedding of the clients will be washed).

At such time that we can increase our washers and dryers, or purchase high capacity ma- chines, we are willing to increase the amount of loads run per day.

Loads will be tracked per day for billing and invoices will be provided by The Salvation Army of Lodi to the City of Lodi monthly for payment.
525 W. Lockeford St. - P.O. Box 1388 - Lodi, California 95240 - Office: Qú)369-5896 - Fax. (20e) 36,9- 27 24 - rvww.lodi.salvationarmy.org
DoINC THE

MOST GOOD
Genera¡ William &
Catherine Booth
Founders
General
Br¡an Peddle
lnternational Leader
Commissioner
Douglas Riley
Terr¡torial Commander
ma¡or John Brackenbury
l$a¡or Pam Brackenbury
D¡vis¡onal Leaders
Major Mark Thielenhaus
tajor Michelle Th¡e¡enhaus
Corps Officers
Advisorv Board
Paul Anderson
Chair
Clint Waring
Vice Chair
Marilee Ginoulis
Secretary
Nancy Beckman
Twyla Brooks
Christine Cesena
Steve Cottrell
Sonja Edd-Bennett
Patricia Fehling
Nicole Goehring
Pam Kludt
Bill Moersch
Annette Murdaca
Pat Patr¡ck
Dave Smith
Mike Smith

THE SALVATION ARMY LODI CORPS
& HOPE HARBOR FAMILY SERVICE CENTER
March 21,2022

EXHIBIT B
Fees and Invoicing:

Meals will be calculated at an average of $3 per meal, 3 meals a day, for a total of $9 daily for 49 clients each, for a total of $441 per day.

Laundry will be calculated at S9.00 per load of laundry. Loads will be recorded daily.

An invoice will be created for monthly billing to the city for food and laundry each month. 525 W. Lockeford St. - P.O. Box 1388 - Lodi, California 95240 - Office: (20e) 369-5896 - Fax: (20e) 369-272+ - www.lodi.salvationarmy.org

EXHIBIT C
NOTE: The City of Lodi ís now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the Cityr's onlìne insurance program requesting you to fo¡ward the email to your i ns u ran c e p rov id e ( s) to s u b m it the req u i red i n s u ra nce doc u mentatio n e lectro n ic al ly lnsurance Requircments for Most Contracts
lNot construction or requirinq orofessional liabilitv)
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. Commercial 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 $2,000,000 per occurrence. lf a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecVlocation (lSO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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 GGL 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 1 0 I I 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used
(b) Primary and Non-Contributory 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 conlract, the Contracto/s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any ¡nsurance 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 endorsementthat 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 QlllllE[lllmust be shown along with (a) and (b) and (c) above: 221 West 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 increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Chanqe in Coveraoe 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 \Nesl Pine St., Lodi, CA 95240.

Page I I of2 pages I Risk: rev. 31112018
(0 Continuitv of Coveraqe
All policies shall be in effect on or before the f¡rst day of the Term of this Agreement. At least thirty (30) days pr¡or to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or e{ended 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 Contracto/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 (California Government Code Section 810 et seq.). (S) Failure to Complv
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 notiff Contractor of such payment of premiums within thirty (30) days of payment stat¡ng 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 Coveraoe
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certif¡cates 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 City 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.
(i) 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. 0) lnsurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the Gity 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 ¡nsurance meet¡ng all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors Qualified lnsurer(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 California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. (t)
Page2 | of2 pages I Risk: rev. 31112018

RESOLUTION NO. 2023-

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH INNER ACTION FOR THE OPERATIONS OF

THE TEMPORARY EMERGENCY TO EXTEND SERVICES FOR ONE YEAR

WITH AN OPTION TO EXTEND SIX MONTHS IN AN AMOUNT NOT TO EXCEED $1,145,000 ANNUALLY AND EXECUTE AMENDMENT NO. 2 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH THE SALVATION ARMY FOR

FOOD AND LAUNDRY SERVICES TO EXTEND SERVICES FOR ONE YEAR

WITH OPTION TO EXTEND SIX MONTHS IN AN AMOUNT NOT TO EXCEED $160,000 ANNUALLY
=============================================================================

WHEREAS, the City of Lodi City Council approved 710 N. Sacramento Street Lodi, CA 95240 as the location for the Access Center on October 6, 2021 per Resolution No. 2021-273; and

WHEREAS, the City is developing a permanent Access Center Emergency Shelter; and

WHEREAS, the Access Center will take approximately 18 months to develop; and

WHEREAS, there is an immediate need t o begin assisting the unsheltered in Lodi by the development of a temporary emergency shelter; and

WHEREAS, the City sought out an operator for the Temporary Emergency Shelter that can meet the needs of individuals experiencing homelessness that are see king shelter and wraparound services; and

WHEREAS, City Council approved Inner City Action, Inc. to operate the Temporary Emergency Shelter and provide shelter and additional wraparound services for the residents and The Salvation Army to provide food and laundry services on April 20, 2022; and

WHEREAS, the permanent Access Center is still in development and temporary operations need to be extended in the interim to ensure continuity of services; and

WHEREAS, Permanent Local Housing Allocation and Hom eless, Housing Assistance, and Prevention Grant funds will be utilized to support this contract with no General Fund impact;

NOW, THEREFORE, BE IT RESOLVED , that the Lodi City Council does hereby authorizing the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Inner Action for the operations of the Temporary Emergency to extend services for one year with an option to extend six months in an amount not to exceed $1,145,000 annually and execute Amendment No. 2 to the Professional Services Agreement with The Salvation Army for food and laundry services to extend services for one year with option to extend six months in an amount not to exceed $160 ,000 annually; 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: September 6, 2023
============================================================================= I hereby certify that Resolution No. 202 3-_____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 6, 2023, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

Olivia Nashed
City Clerk

2023-______
AGENDA ITEM C-23

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Ratifying Expenditures to Date and Approving the City Manager’s Decision to Enter into an Agreement for Mobile Device Forensic Tool Software as a Service from Grayshift, LLC, of Roswell, Georgia with Automatic Annual Renewals and a Consumer Price Index Percentage Increase
M
EETING DATE: September 6, 2023
P
REPARED BY: Chief of Police
RE
COMMENDED ACTION: Adopt Resolution Ratifying Expenditures to Date and Approving the City Manager’s Decision to Enter into an Agreement for Mobile Device Forensic Tool Software as a Service from Grayshift, LLC, of Roswell, Georgia with Automatic Annual Renewals and Consumer Price Index Percentage (CP I %) Increase.

B
ACKGROUND INFORMATION: Graykey, a product of Grayshift, LLC, is a mobile device forensic tool used to lawfully access and extract encrypted or inaccessible data from devices to help law enforcement agencies get a full picture and solve cases. With handheld cellular phone devices so prevalent in today’s society, there is a wealth of knowledge on them that often goes unnoticed or is inaccessible by local law enforcement agencies. With the use of Graykey, our officers are able to get pertinent information from a person of interest related to the crime/case by accessing their cell phone.

I
n 2022, the Police Department entered into a one-year agreement with Grayshift, LLC for their Graykey SaaS product in the amount of $28,117.44. Graykey was used on over 100 phones and provided supporting evidence to over 50 cases, proving immensely beneficial to our detectives and investigators over the last year.

The Police Department would like approval to amend the current contract to renew for another one-year term at $30,795 and receive approval moving forward for an automatic renewal option with consumer price index percentage (CPI %) increase each year.

ST
RATEGIC VISION:
7H. Public Safety: Address strategic safety problem areas in the community. //
//
//
Adopt Resolution Ratifying Expenditures to Date and Approving the City Manager’s Decision to Enter into an Agreement for Mobile Device Forensic Tool Software as a Service from Grayshift, LLC, of Roswell, Georgia with Automatic Annual Renewals and a Consumer Price Index Percentage Increase September 6, 2023

Page 2 ends

FISCAL IMPACT: The annual renewal Grayshift software cost s were included in the FY 2023/24 Annual Budget.

FUNDING AVAILABLE: FY 2023/24 Police Support Services Misc. Professional Services Budget 10031004.72450

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

________________________________________
Sierra Brucia
Chief of Police

________________________
Steve Schwabauer
City Manager

RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING EXPENDITURES TO DATE AND APPROVING THE CITY MANAGER’S DECISION TO ENTER INTO AN AGREEMENT FOR

MOBILE DEVICE FORENSIC TOOL SOFTWARE AS A SERVICE FROM GRAYSHIFT, LLC,

OF ROSWELL, GEORGIA WITH AUTOMATIC ANNUAL RENEWALS AND A CONSUMER

PRICE INDEX PERCENTAGE INCREASE
======================================================================== WHEREAS, in 2022, Lodi Police Department (LPD) entered into a one- year agreement with Grayshift, LLC for their Graykey SaaS product in the amount of $28,117.44; and

WHEREAS, Graykey is a mobile device forensic tool used to lawfully access and extract encrypted or inaccessible data from devices to help law enforcement agencies get pertinent information for solving cases; and

WHEREAS, nearly 90% of criminal investigations rely on smart phones as their main source of evidence. Gray key allows detectives access to locked, inaccessible, and cracked screen devices within one hour; and

WHEREAS, in 2022, LPD used Graykey on over 100 phones and provided supporting evidence to over 50 cases, proving immensely beneficial to our detectives; and

WHEREAS, the authorization of this contract will allow our detectives to safely access critical information and accelerate their investigations; and

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby ratify expenditures to date and approve the City Manager’s decision to enter into an agreement for mobile device forensic tool software as a service from Grayshift, LLC , with automatic annual renewals and a consumer price index percentage increase.

BE IT FURTHER RESOLVED, the annual renewal Grayshift software costs were included in the FY 2023/24 budget under Police Support Services – Misc. Professional Services – 10031004.72450.

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 alte r the compensation or term, and to make clerical corrections as necessary.

Dated: September 6, 2023
======================================================================== I hereby certify that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held on September 6, 2023, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2023-____
AGENDA ITEM C-24

COUNCIL COMMUNICATION
APPR
OVED: _______________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\DEV_SERV\Deferral Agreements\CC_Cochran 2201 defagmt.doc 8/23/2023 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Deferral Agreement for 2201 Cochran Road
MEETING DATE: September 6, 2023
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Improvement Deferral Agreement for 2201 Cochran Road.

BACKGROUND INFORMATION: The owner of the property located at 2201 Cochran Road has submitted a parcel map to create 2 parcels from 1 parcel at the northwest corner of Willow Avenue and Cochran Road. Construction of street frontage improvements on Willow Avenue, including right-of-way dedication, engineering and construction of the curb return, side inlet catch basin, storm drain main, removal and replacement of existing signage, curb, gutter, sidewalk, street paving and street lights are required as a condition of the tentative map conditions (Planning Commission Resolution No. P.C. 18-04). The owner has dedicated, engineered and constructed the curb return, side inlet catch basin, storm drain main and removed and replaced the existing signage (Exhibit A).

C
urrently there are no street frontage improvements on any of the parcels along Willow Avenue. The owner has requested a deferral of the remaining Willow Avenue street frontage improvements including curb, gutter, sidewalk, street paving, and street lights. Staff feels that this is a reasonable request based on past practice for similar requests in the same area.

T
he owner has signed the Improvement Deferral Agreement and paid the necessary document preparation and recording fees. The Improvement Deferral Agreement requires the owner to pay for the design and installation of the public improvements at time of installation of such improvements on adjacent parcels, or as determined by the Public Works Director in the reasonable exercise of his discretion, or as determined by the City Council.

Staff recommends approval of the Improvement Deferral Agreement.

STRATEGIC VISION: Not Applicable.

FISCAL IMPACT: Not applicable.

FUNDING: Not applicable.
_______________________________
Charles E. Swimley, Jr.

Public Works Director
Prepared by Denise Wiman, Junior Engineer
CES/dsw/cd
Attachment
c
c: City Attorney
Deputy Public Works Director/City Engineer
Proposed Deferment (curb, gutter and sidewalk)
Constructed ADA curb ramp, side inlet catch basin
Constructed Storm Main
Path: K:\WP\DEV_SERV\GIS\Denise's exhibits\Cochran 2201 - Exh A.mxd

EXHIBIT A

PROPOSED DEFERRED IMPROVEMENTS
2201 COCHRAN ROAD
(CORNER OF COCHRAN ROAD AND WILLOW AVENUE)
Tilden Dr.

W
ightm
an Dr.

Willow Av.

Tokay St.

Cochran Rd.
µ
1 inch = 72 feet
2201

RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING

CITY MANAGER TO EXECUTE IMPROVEMENT DEFERRAL
AGREEMENT FOR 2201 COCHRAN ROAD
=====================================================================

WHEREAS, the owner of the prope rty located at 2201 Cochran Road has submitted a parcel map to create 2 parcels from 1 parcel at the northwest corner of Willow Avenue and Cochran Road; and

WHEREAS, construction of street frontage improvements on Willow Avenue, including right-of-way d edication, engineering and construction of the curb return, side inlet catch basin, storm drain main, removal and replacement of existing signage, curb, gutter, sidewalk, street paving and street lights are required as a condition of the tentative map conditions; and

WHEREAS, the owner has dedicated, engineered and constructed the curb return, side inlet catch basin, storm drain main and removed and replaced the existing signage and has requested a deferral of the remaining Willow Avenue street frontage i mprovements including curb, gutter, sidewalk, street paving, and street lights; and

WHEREAS, the owner has signed the Improvement Deferral Agreement and paid the necessary document preparation and recording fees . Staff feels that this is a reasonable req uest based on past practice for similar requests in the same area; and

WHEREAS, staff recommends authorizing City Manager to execute Improvement Deferral Agreement for 2201 Cochran Road; and

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize City Manager to execute Improvement Deferral Agreement for 2201 Cochran Road; 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 her eby 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: September 6, 2023
===================================================================== I hereby certify that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 6, 2023 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2023-____
AGENDA ITEM C-25

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Accepting and Attesting to Veracity of 2022 Lodi Electric Utility Power Source Disclosure and Power Content Label Reports and Authorizing Electric Utility Director to Submit Required Reports to California Energy Commission
MEETING DATE: September 6, 2023
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: Adopt a resolution accepting and attesting to the veracity of the 202 2 Lodi Electric Utility Power Source Disclosure and Power Content Label reports and authorizing the Electric Utility Director to submit the required reports to the California Energy Commission.

BACKGROUND INFORMATION: Lodi Electric Utility (LEU) is required to annually disclose the sources of electricity it sells to consumers using reporting formats provided by the California Energy Commission (CEC).

As part of this requirement, LEU first submits a Power Source Disclosure (PSD) to the CEC detailing its resource mix for the reporting year as illustrated in Exhibit A. The CEC then compiles power resource information from all load serving entities to issue a resource mix for all of California. LEU is then required to provide a Power Content Label (PCL) to its customers and the CEC showing the percentage breakdown by resource type as illustrated in Exhibit B. Generation data for both reports is compiled by the Northern California Power Agency (NCPA) and reviewed for accuracy by LEU staff. All reporting activities must be completed by October 1, 2023 and notification to LEU’s customers must be completed by December 31, 2023. Customer notification will be done via utility bills, LEU’s website, social media, and postings at various City site locations including LEU, City Hall, Carnegie Forum, and the Library.

LEU continues to remain compliant with Renewables Portfolio Standard requirements and nearly 45 percent of its power resource portfolio includes carbon free resources. Diversification of power resources and investment in renewables to fix costs and mitigate future energy market price risk helps maintain a cost-effective power portfolio.

On May 30, 2023 and August 29, 2023 the Risk Oversight Committee received the reports and recommended acceptance and attestation to the veracity of the 2022 LEU PSD and PCL, attached as Exhibits A and B.

STRATEGIC VISION:
3A. Fiscal Health: Promote City's transparency & fiscal fluency.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable
________________________________________
Jeff Berkheimer
Electric Utility Director

Exhibit A
2022 Lodi Electric Utility Power Source Disclosure

Exhibit B
2022 Lodi Electric Utility Power Content Label

RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING AND ATTESTING TO VERACITY OF 2022 LODI ELECTRIC UTILITY POWER SOURCE DISCLOSURE AND

POWER CONTENT LABEL REPORTS AND AUTHORIZING ELECTRIC UTILITY DIRECTOR

TO SUBMIT REQUIRED REPORTS TO CALIFORNIA ENERGY COMMISSION ======================================================================== WHEREAS, per Assembly Bill 162, Senate Bill 1305, Assembly Bill 1110 and Assembly Bill 2227, Lodi Electric Utility (LEU) is required to annually disclose the sources of electricity it sells to consumers using reporting formats provided by the California Energy Commission (CEC); and
WHEREAS, Section 1394(b)(2) of the CEC’s Power Source Disclosure Program Regulations allows a retail supplier that is a public agency providing electric service to attest to the veracity of the annual disclosure; and
WHEREAS, as part of that disclosure, LEU is required to first submit a Power Source Disclosure (PSD) to the CEC detailing its actual resource mix for the reporting year; and WHEREAS, the CEC then compiles power resource information from all load serving entities to issue a resource mix for all of California; and WHEREAS, LEU is then required to provide a Power Content Label (PCL) to its customers and the CEC showing the percentage breakdown by resource type; and WHEREAS, generation data for both reports is compiled by Northern California Power Agency staff and reviewed for accuracy by LEU staff; and WHEREAS, per Assembly Bill 242, all reporting activities for 2022 must be completed by October 1, 2023 and notification to LEU customers must be completed by December 31, 2023 ; and
WHEREAS, diversification of power resources and investment in renewables to fix costs and mitigate future energy market price risk supports maintaining a cost-effective power portfolio; and
WHEREAS, on May 30, 202 3 and August 29, 20 23, the Risk Oversight Committee received reports and recommended acceptance and attestation of the 2022 LEU PSD and PCL, attached as Exhibits A and B respectively.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept and attest to the veracity of the 2022 Lodi Electric Utility Power Source Disclosure and P ower Content Label Reports; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the Electric Utility Director to submit the required reports to the California Energy Commission.

Dated: September 6, 2023
======================================================================== I hereby certify that Resolution No. 20 23-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 6, 2023, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk
2023-____
AGENDA ITEM C-26

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt a Resolution Authorizing City Manager to Execute Annual Write- Off for General Billing Bad Debts and Approve Total Write-Off Amount for Fiscal Year 2023 in the Amount of $106,307.06
M
EETING DATE: September 6, 2023
P
REPARED BY: Revenue Manager
RE
COMMENDED ACTION: Adopt a resolution authorizing City Manager to execute Annual Write- Off for General Billing Bad Debts and approve total write-off amount for Fiscal Year 2023 in the amount of $106,307.06.

B
ACKGROUND INFORMATION: The Finance department/Revenue division is responsible for bad debt and writing off bad debt once considered uncollectible. Several departments utilize the general billing for fees, fines, and charges of services rendered. The uncollectible items in General Ledger accounts cause improper reporting of financial data.

A
monthly collection process, including the following processes; in-house collection, external debt collection, and write-off. Debt will is collected through general billing for 45 days after due date. After 45 days have passed, the debt will be referred to an outside collection agency. The external collection agency will send letters for 45 days; on the 46th day, active collections will be implemented. Using an outside collection agency may increase collection before the write-off and lessen the amount to write-off. After four years of non-payment, the debt will be written off in Tyler ERP following the write-off policy.

T
here will be situations resulting from various circumstances where difficulty will be experienced with recovering debt. The debt collection process can reach a point where it is inappropriate, overly expensive, or uneconomic to pursue further action. It would be more cost -effective for Council or City Manager to write- off these debts in these situations rather than pursuing further action.

A
t the discretion of the Council or City Manager, debt will be written off in the following circumstances:
a) T
he debtor has left the address given and cannot be traced; or b) The amount is too small for legal action to be taken, or is not economically viable to pursue further, or c) The debtor is deceased, and the amount is uncollectible; or d) The debtor has become bankrupt; or
e) Recommendation of the Revenue Division that the amount is not collectible; or f) The debt is subject to a legal judgement or court order decision.

The total write-off for the Fiscal Year 2022/23 is $106,307.06. The amount to write-off is an accumulation of bad debt from extended write-off from 2022 and current year write-off 2023. The expected totals for write-offs in the future years will be less, and with the implementation of ongoing collection diligence, the write- off totals will continue to lower.

STRATEGIC VISION: 3A. Fiscal Health: Promote City's transparency & fiscal fluency.

FISCAL IMPACT: The current year write-off (2023) is $106,307.06 and fluctuates each year depending on bad debt accrual.

FUNDING AVAILABLE: N/A

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING

CITY MANAGER TO WRITE-OFF ANNUAL GENERAL BILLING
BAD DEBTS OF $106,307.06
======================================================================== WHEREAS, the City issues general invoices for fines, fees, and services rendered; and

WHEREAS, improper reporting data is used; and

WHEREAS, to ensure proper reporting of financial data, staff recommends approving the annual write-off of $106,307.06.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the annual write-off of general billing bad debts and approve the write-off amount for fiscal year 2022/23 in the amount of $106,307.06.

Dated: September 6, 2023
======================================================================== I hereby certi fy that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 6, 2023 by the following votes:

AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2023-____
AGENDA ITEM C-27

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Amending the Lodi Arts Commission Bylaws M
EETING DATE: September 6, 2023
P
REPARED BY: Parks, Recreation and Cultural Services Director RE
COMMENDED ACTION: Adopt Resolution Amending the Lodi Arts Commission Bylaws.

B
ACKGROUND INFORMATION: The Lodi Arts Commission (Commission) bylaws were updated and adopted in February 2022. At their regular meeting on November 9, 2022, the Commission discussed changing their meeting time from 12:00 p.m. on the second Wednesday of the month to 4:00 p.m.

A
t the Commission’s Special Meeting on December 7, 2022, the Commission discussed the need to meet later in the afternoon at 4:00 p.m. to better accommodate their schedules. However, the current location of the regular meetings, Carnegie Forum, is not available on the second Wednesday of the month at 4:00 p.m.

T
he Commission approved the changes on the meeting day and time, and recommends City Council amend the current bylaws to reflect the changes to their regular monthly meetings from the second Wednesday of the month at 12:00 p.m. in the Carnegie Forum to the second Wednesday of the month at 4:00 p.m. at Hutchins Street Square.

T
he proposed redlined changes are attached as Exhibit A.

ST
RATEGIC VISION:
8A. Public Well-Being: Increase opportunities for physical, recreational, and cultural activities.

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
ttachment
Exhibit A

RESOLUTION NO. 2023-____

ADOPT RESOLUTION AMENDING LODI ARTS COMMISSION BYLAWS
=========================================================================

WHEREAS, the Lodi Arts Commission bylaws were last amended in February 2022; and

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

WHEREAS, these recommended changes include updates to the location and time of the regular meetings from the second Wednesday of the month at 12:00 p.m. at Carnegie Forum to the 4:00 p.m. at Hutchins Street Square; and

NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council does hereby adopt a Resolution amending the Arts Commission Bylaws to those shown in Exhibit A.

Dated: September 6, 2023

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

I hereby certify that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 6, 2023, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2023-____
AGENDA ITEM C-28

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Receive Report Regarding Communication Supporting California High -Speed Rail Authority for Funding from United States Department of Transportation Multimodal Project Disrectionary Grant Opportunity for Fiscal Years 2022 and 2023 M
EETING DATE: September 6, 2023
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Receive report regarding communication supporting California High-Speed Rail Authority for funding from United States Department of Transportation Multimodal Project Disrectionary Grant opportunity for Fiscal Years 2022 and 2023.

B
ACKGROUND INFORMATION: The City of Lodi received a request from the San Joaquin Regional Rail Commission regarding a letter supporting the California High-Speed Rail Authority for funding from United States Department of Transportation Multimodal Project Disrectionary Grant opportunity for Fiscal Years 2022 and 2023.

T
he position letter, attached to this report, was signed by Mayor Hothi.

ST
RATEGIC VISION: 5D. Infrastructure: Ensure capacity for future growth. 5E. Infrastructure: Proactive infrastructure development for Sphere of influence & growth areas.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
_______________________________________

Olivia Nashed
City Clerk

AGENDA ITEM C-29

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Receive Report Regarding Communication Opposing Assembly Bill 1484 (Zbur):

Temporary Public Employees as Amended May 18, 2023
M
EETING DATE: September 6, 2023
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Receive report r egarding communication opposing Assembly Bill 1484 (Zbur): Temporary Public Employees as Amended May 18, 2023.

B
ACKGROUND INFORMATION: The City of Lodi received a request from the League of California Cities regarding a letter opposing AB 1484, which would require local public employers to include temporary employees in the same bargaining unit as permanent employees upon request of the recognized employee organization. AB 1484 would be difficult, if not impossible, for public employers to fulfill and includes provisions that conflict with existing law for permanent employees. The bill’s provisions, including restrictions on discharging temporary employees and the inevitable increases in cost to employers, would also seriously discourage public agencies from hiring temporary employees. This reduction in employment opportunities would be detrimental to Californians throughout the state who are seeking temporary work. The significant increase in the costs of hiring such employees would also reduce levels of service to residents.

Let
ters were needed immediately, and due to this urgency, Mayor Hothi signed the letter of opposition on Wednesday, August 23. A copy of the letter is attached to this report, along with a copy of AB 1484.

ST
RATEGIC VISION: Not applicable.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
____________________
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Olivia Nashed
City Clerk

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COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Approve Response to San Joaquin County Grand Jury Report Regarding San Joaquin County Custodial Facilities: Failing to Comply with Prison Rape Elimination Act of 2003, Case #0222
M
EETING DATE: September 6, 2023
P
REPARED BY: Chief of Police
RE
COMMENDED ACTION: Approve Response to San Joaquin County Grand Jury Report Regarding San Joaquin County Custodial Facilities: Failing to Comply with Prison Rape Elimination Act of 2003, Case #0222
B
ACKGROUND INFORMATION: The Lodi Police Department r eceived a Grand Jury report from the San Joaquin County Grand Jury. Their report reviewed state-mandated visibility of the Prison Rape Elimination Act of 2003 (“PREA”) posters and the availability of these materials at the Lodi Police Department (LPD) Jail. The report found that LPD Jail was not in full compliance with 28 CFR 115.33(f), which requires the jail to provide written materials and visible posters explaining inmate rights and the department’s zero-tolerance policy regarding sexual abuse and sexual harassment at the jail. The Grand Jury recommends that LPD must provide visible posters and written materials by October 1, 2023. LPD accepts the recommendation and anticipates that these steps will be completed on or before August 31, 2023. We will also be providing these resources in Spanish for greater access to Spanish-speaking inmates.

T
he City of Lodi will be in full compliance before October 1, 2023. Upon City Council approval, the response will be finalized and submitted to the presiding judge of San Joaquin County Superior Court. Staff has carefully reviewed Grand Jury Case #0222 and offers the attached response.

ST
RATEGIC PRIORITY ADDRESSED: Not Applicable.

F
ISCAL IMPACT: Not Applicable.

F
UNDING AVAILABLE: Not Applicable.
_______________________________________

Sierra Brucia
Chief of Police
Attachment
1 | PAGE

GRAND JURY RESPONSE

Lodi Police Department
215 West Elm Street
Lodi, CA 95240
(209) 333-6731 / (209) 333-6792 fax

August 10, 2023

Honorable Michael D. Coughlan, Presiding Judge
San Joaquin County Superior Court
180 E Weber Ave, Suite 1306J
Stockton, California 95202

Re: Lodi Police Department Response to Grand Jury Case #0222 Report

Judge Coughlan,
On April 11, 2023, the City of Lodi Police Department (“LPD”) received a copy of the 2022-2023 Grand Jury Case # 0222 Report on San Joaquin County Custodial Facilities: Failing to Comply with Prison Rape Elimination Act of 2003 (“Report”). LPD now provides this response to Section

3.0 of the Report, which relates to the visibility of Prison Rape Elimination Act of 2003 (“PREA”) posters and the availability of these materials at the LPD Jail. • FINDINGS
o F3.1: The Lodi Police Department is not in full compliance with 28 CFR 115.33(f), which requires them to provide written materials and visible posters explaining inmate rights and the Department’s zero-tolerance policy regarding sexual abuse or sexual harassment at the jail. This could result in delays in reporting and investigating, exposing the Office to potential lawsuits, financial liability, and reduction of grant Funding
o LPD Response: LPD agrees that the Lodi Jail is not in full compliance with 28 CFR 115.33(f) at this time, and that it fails to provide written materials and visible posters explaining inmate rights as required by PREA.

Sierra Brucia
Chief of Police

2 | PAGE

GRAND JURY RESPONSE

• RECOMMENDATIONS
o R3.1: By October 1, 2023, the City of Lodi Jail and Police Department provide visible posters and written materials explaining inmate rights and the Department’s zero- tolerance policy regarding sexual abuse in the booking, processing, and holding areas within the jail.
o Response: LPD accepts recommendation R3.1 identified in the Report and will ensure complete PREA compliance by the October 1, 2023 deadline. LPD has already begun developing written PREA materials to be provided to inmates, as well as preparing posters which will be installed for clear visibility in the inmate booking areas. These materials explain inmate rights and LPD’s zero tolerance policy regarding sexual abuse or sexual harassment, as shown in the attached samples. LPD is also planning to provide these resources in Spanish for greater access to Spanish- speaking inmates. Once translation of the PREA materials are complete, LPD will install the posters and will adopt a process for dissemination of brochures. LPD anticipates that these steps will be complete on or before August 31st, 2023.

Should you need any additional information on LPD’s response to the Report, please contact Captain Ricardo Garcia by email at [email protected] or by phone at (209) 333-6856.

Kind Regards,

_________________________________ __________
Lodi City Manager- Stephen Schwabauer Date

_________________________________ __________
Lodi Police Chief Sierra Brucia Date

Cc via email only: Ms. Krystal Gonzalez, [email protected]

AGENDA ITEM C-31

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\MISC\FireSta3\FS 3 & FS 4 Generator and Gate Improvements\C FireStation CO2-Appropriation 090623.docx 8/23/2023
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Additional Change Orders to Fire Station 3 and Fire Station 4 Security Gates and Generator Project ($50,000), and Appropriate Funds ($50,000)
M
EETING DATE: September 6, 2023
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to execute additional change orders to Fire Station 3 and Fire Station 4 Security Gates and Generator Project in the amount of $50,000, and appropriate funds in the amount of $50,000.

B
ACKGROUND INFORMATION: This project provides Fire Station 3, located at 2141 South Ham Lane and Fire Station 4 located at 180 North Lower Sacramento Road with an automated vehicular gate to provide site security to meet today’s standards; and replaces a driveway and a 46-year old generator at Fire Station 3.

O
n March 2, 2022, Council awarded the project to Sauren Construction, of Newcastle in the amount of $374,972 and authorized the City Manager to execute change orders up to $37,000. On November 16, 2022, the Council authorized the City Manager to execute additional change orders up to $61,000, and appropriate funds in the amount of $61,000 to install an automated transfer switch and permanent backup generator at the water tower site to provide power for the public safety radio during an electrical outage.

Sta
ff has requested additional out-of-scope work that either needed immediate repairs and/or was related work which was beneficial to the City. Examples of these items include replacement of the leaking cast iron water service line at Fire Station 3; concrete trip hazard removal at Fire Station 3; electrical equipment voltage modification at Fire Station 3; and replacement of existing sunken asphalt paving at Fire Station 4. The additional work costs associated with the items listed above and the public safety back up power improvements at the water tower have reached the threshold of the City Manager’s change order authority of $98,000 A
s the generator project is ongoing with the possibility that other unforeseen contract costs may arise, the requested $50,000 increase in the City Manager’s change order authority will be in addition to the approved amount of $98,000 approved by Council on November 16, 2022, for a total not-to-exceed change order authority amount of $148,000.

Adopt Resolution Authorizing City Manager to Execute Additional Change Orders to Fire Station 3 and Fire Station 4 Security Gates and Generator Project ($50,000), and Appropriate Funds ($50,000)
September 6, 2023

Page 2 ends

Staff recommends adopting resolution authorizing City Manager to execute additional change orders to Fire Station 3 and Fire Station 4 Security Gates and Generator Project in the amount of $50,000, and appropriate funds in the amount of $50,000.

STRATEGIC VISION:
5C. Infrastructure: Address deferred maintenance.

FISCAL IMPACT: The new gates will provide security and reduce the likelihood of equipment being stolen. Replacing the 46-year-old generator will reduce maintenance and repair costs and improve reliability. Funds for a future parking lot improvement project will be reduced by $50,000 and moved to this project. This project will impact the General Fund.

FUNDING AVAILABLE: GFCP-22002 (43199000.77020): $412,000 2022-2023 IT (Operating Acct) (10020400.72450) $61,000

Requested Appropriation
General Fund Capital (43199000.77020): $50,000

TOTAL: $523,000

______________________________________
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
Attachment

cc: Fire Marshal Brad Doell
Management Analyst Michelle Munoz

Project Title: #184
District Nos: 1,5 Project Length Priority Normal
Expenditure Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 27/28 Future Yrs Total
Contracts 14,977 $ 395,023$ 50,000$ 460,000$ Miscellaneous 844 $ 1,156$ 2,000$ Total Capital Costs 15,821 $ 396,179$ 50,000$ - $ - $ - $ - $ - $ 462,000$ Funding Source(s) Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 27/28 Future Yrs Total
431 - Capital Outlay/General Fund 15,821$ 396,179$ 50,000$ 462,000$ Total Project Financing 15,821$ 396,179$ 50,000$ - $ - $ - $ - $ - $ 462,000$ Section II: Estimated Project Costs
Section III: Funding Sources/Methods of Financing
Capital Improvement Plan
FY 2023-2024
Additional Information
Fire stations 3 and 4 have experienced vehicle theft on-site lately and they are in need to secured the on-site staff parking area. These gates with some perimeter fence modification will provide such security.

Justification/factor driving project
Install security gates at Fire Station 3 and 4
Fire Station Gates GFCP-22002Munis Project Code:

Section I: Description
Project Title: #136
District Nos: 3 Project Length Priority
Expenditure Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 27/28 Future Yrs Total
Contracts - $ 360,000$ (10,000)$ 350,000$ Internal Staff - $ 40,000$ (40,000)$ -$ Total Capital Costs - $ 400,000$ (50,000)$ - $ - $ - $ -$ - $ 350,000$ Funding Source(s) Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 27/28 Future Yrs Total
431 - Capital Outlay/General Fund -$ 400,000$ (50,000)$ 350,000$ Total Project Financing -$ 400,000$ (50,000)$ - $ - $ - $ -$ - $ 350,000$ Section II: Estimated Project Costs
Section III: Funding Sources/Methods of Financing
Capital Improvement Plan
FY 2023-2024
$50K moved in FY 23/24 to GFCP-22002
Additional Information
This project will resurface and improve ADA access to the parking lot.

Justification/factor driving project
Resurfacing the City parking lot at Church and Walnut including ADA improvements.

Section I: Description
GFCP-21008Munis Project Code:Church St Parking Lot Improvements 7/1/23-6/30/24
RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING CITY

MANAGER TO EXECUTE ADDITIONAL CHANGE ORDERS TO FIRE
STATION 3 AND FIRE STATION 4 SECURITY GATES AND

GENERATOR PROJECT, AND APPROPRIATE FUNDS

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

WHEREAS, this project provides Fire Station 3, located at 2141 South Ham Lane and Fire Station 4 located at 180 North Lower Sacramento Road with an automated vehicular gate to provide site security to meet today’s standards; and replaces a driveway and a 46- year old generator at Fire Station 3; and

WHEREAS, on March 2, 2022, Council awarded the project to Sauren Construction, of Newcastle in the amount of $374, 972 and authorized the City Manager to execute change o rders up to $37,000; and

WHEREAS, on November 16, 2022, the Council authorized the City Manager to execute additional change orders up to $61,000, and appropriate funds in the amount of $61,000; and

WHEREAS, Staff has requested additional out -of-scope work that needed immediate repairs and/or was related work, which was beneficial to the City to include; and

WHEREAS, staff recommends authorizing City Manager to execute additional change orders to Fire Station 3 and Fire Station 4 Security Gates and Generator Project in the amount of $50,000; and

WHEREAS, staff further recommends transferring funds in the amount of $50,000 from the Church Street Parking Lot Improvements Project GFCP-21008 (43199000.77020); and

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize City Manager to execute additional change orders to Fire Station 3 and Fire Station 4 Security Gates and Generator Project in the amount of $50,000; and

BE IT FURTHER RESOLVED, that the Lodi City Council does hereby transfer funds in the amount of $50,000 from the Church Street Parking Lot Impr ovements Project GFCP -21008 (43199000.77020); 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.

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2023-____
AGENDA ITEM G-01

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Public Hearing to Consider Adopting a Resolution Approving the 2022 -23 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER)
MEETING DATE: September 6, 2023
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Public Hearing to consider adopting a resolution approving the 2022-23 Community Development Block Grant (CDBG)
Consolidated Annual Performance and Evaluation Report
(CAPER).

BACKGROUND INFORMATION: A public hearing is required as part of the federal requirements under the U.S. Department of Housing and Urban
Development (HUD) for the Community Development Block
Grant (CDBG) program.

The 2022-23 CAPER describes the programs and activities accomplished during the City’s 2022-23 program year, which is from July 1, 2022 to June 30, 2023. The City received $626,997 in CDBG entitlement program year funds. In May 202 2, the City adopted its 202 2-23 Annual Action Plan (AAP). The AAP identifies the project and programs selected to implement strategic plan goals during the 2022-23 program year. In the 202 2-23 program year, the fourth year of implementing its five - year 2019-2023 Consolidated Plan, the City made progress toward reaching six of the eleven goals listed in the Consolidated Plan. Goals were met through the program outcomes and by conducting program planning for future projects and activities.

The strategic plan section of the five-year Consolidated Plan identified eleven goals for addressing community needs and priorities, including the recently added COVID -19 related goal. This past year’s activities resulted in addressing six of the established goals, which are listed below:

Goal 1: Promote Safer Neighborhoods
Goal 3: Infrastructure and Facility Improvements
Goal 4: Increase and Maintain Supply of Affordable Housing Goal 6: Support Public Service Programs for Priority Populations Goal 7: Affirmatively Further Fair Housing
Goal 11: COVID-19 Preparation, Prevention, and Response The City intends to address the other four strategic plan goals —Goal #4 (Increase and Maintain Supply of Affordable Housin g), Goal #5 (Build Capacity in CDBG Target Area), Goal #8 (Improve Housing Affordability), and Goal #10 (Create and Promote Housing for Homeless Populations) —in future program years.

PH for CDBG 2022-23 CAPER
September 6, 2023

Page 2 of 2 ends

The public review and comment period for the draft CAPER began August 21, 2023, and ends on September 5, 2023, at 5:00 p.m . Staff will gather any public comments received during the review and comment period as well as during the public hearing and add to the CAPER prior to submission to HUD.

Staff recommends City Council consider adopting a resolution approving the 2022-23 CAPER and authorizing the submission to HUD.

STRATEGIC PRIORITY ADDRESSED: Strategic Milestone 4G: Ensure every socio-economic demographic and family structure can secure quality
housing within the community.

Strategic Milestone 8A -D: Be a recognized leader in
generating a happy, health, high quality of life for all

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.

_____________________________________
John R. Della Monica, Jr.

Community Development Director

Attachments:

Attachment A – 2022-2023 CDBG CAPER

CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

The 2022-2023 program year constitutes the City of Lodi’s fourth year implementing the 2019-23 Community Development Block Grant (CDBG) Consolidated Plan, as amended on December 22, 2020. During this program year, CDBG-funded projects and programs were executed within the City with the intention of achieving the goals outlined in the Strategic Plan section of the Consolidated Plan and addressing the impacts of the COVID-19 pandemic. These projects and programs were carried out by City staff, contractors, and subrecipients of CDBG funds.

This year’s activities resulted in addressing six of the eleven goals outlined in the Strategic Plan section of the 2019-23 Consolidated Plan, as follows:
• Goal #1: Promote Safer Neighborhoods
• Goal #3: Infrastructure and Facility Improvements
• Goal #4: Increase and Maintain Supply of Affordable Housing • Goal #6: Support Public Service Programs for Priority Populations • Goal #7: Affirmatively Further Fair Housing
• Goal #11: COVID-19 Preparation, Prevention, and Response

While the City’s efforts during the 2022-23 program year did not target Goal #2, Goal #5, Goal #8, Goal #9, or Goal #10, the City utilizes other grant resources to make strides towards these objectives. Moreover, the City intends to address these goals in the 2023-24 program year during the 2019-23 Consolidated Plan program period and subsequent Consolidated Plan periods.

CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Project/ Agency/
Strategic Plan Goal Funding Indicator Unit of
Measure 2022 Goal 2022
Actual % Comp.

Activity Operator
Promote Safer Neighborhoods 4,500 21,670 419%
Graffiti Abatement City Staff and
Contractors
Promote Safer
Neighborhoods $30,000
Public facility or
infrastructure activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted 2,000 19,305 965.25%
Parking Lot
Renovation at Hale
Park
City’s Parks
Department
Infrastructure and
Facility Improvements $206,000
Public facility or
infrastructure activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted 2,500 2,365 95%
Infrastructure and Facility Improvements 2,516 4,500 179% Alley Improvements
Project
City Staff and
Contractors
Infrastructure and
Facility Improvements $70,000
Public facility or
infrastructure activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted 2,000 4,210 211%
HVAC The Salvation
Army
Infrastructure and
Facility Improvements $21,729 Homeless Persons Given
Overnight Shelter
Persons
Assisted 420 146 35%
Accessibility Project LOEL Center Infrastructure and
Facility Improvements $127,424
Public facility or
infrastructure activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted 96 144 150%
Increase and Maintain Supply of Affordable Housing 40 0 0% Creekside Rehab
Housing
Authority of the
County of San
Joaquin
Increase and Maintain
Supply of Affordable
Housing
$100,000 Rental Units Rehabilitated
Household
Housing
Units
40 0 0%

CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Project/ Agency/
Strategic Plan Goal Funding Indicator Unit of
Measure 2022 Goal 2022
Actual % Comp.

Activity Operator
Support Public Service Programs for Priority Populations 4,916 8,476 172% Meals on Wheels LOEL Senior
Center
Support Public Service
Programs for Priority
Populations
$10,000 Public Services other than
Low/Mod Housing Benefit
Persons
Assisted 96 144 150%
Second Harvest Food
Bank Second Harvest
Support Public Service
Programs for Priority
Populations
$10,000 Public Services other than
Low/Mod Housing Benefit
Persons
Assisted 3,800 7,988 210%
Family Resource
Center & Youth
Programs
Community
Partnership for
Families
Support Public Service
Programs for Priority
Populations
$25,000 Public Services other than
Low/Mod Housing Benefit
Persons
Assisted 600 198 33%
Hope Harbor
Operations
The Salvation
Army
Support Public Service
Programs for Priority
Populations
$15,000 Public Services other than
Low/Mod Housing Benefit
Persons
Assisted 420 146 35%
Affirmatively Further Fair Housing 1,579 1,016 64.34%
San Joaquin Fair
Housing (SJFH)
San Joaquin
Fair Housing
(SJFH)
Affirmatively Furthering
Fair Housing $18,000
Public service activities for
Low/Moderate Income
Housing Benefit
Persons
Assisted 1,579 1,016 64.34%

Table 1 - Accomplishments – Program Year & Strategic Plan to Date

Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

The City’s 2019-23 Consolidated Plan identifies twelve priorities and eleven main goals that align with these priorities. As discussed above, this year’s program activities resulted in meeting six of the eleven main goals, which work to support the priority needs identified. To demonstrate, a

CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
list of each goal and the activity that supported each goal is outlined below:
• Goal #1: Promote Safer Neighborhoods
• Goal #3: Infrastructure and Facility Improvements
• Goal #4: Increase and Maintain Supply of Affordable Housing • Goal #6: Support Public Service Programs for Priority Populations • Goal #7: Affirmatively Further Fair Housing
• Goal #11: COVID-19 Preparation, Prevention, and Response

CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
CDBG
White 5,794
Black or African American 107
Asian 219
American Indian or American Native 142
Native Hawaiian or Other Pacific Islander 18
Total 6,280
Hispanic 3,632
Not Hispanic 3,818

Table 2 – Table of assistance to racial and ethnic populations by source of funds

Narrative

CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 740,552 427,169
Other public - federal 0
Table 3 - Resources Made Available

Narrative
During the 2022-23 program year, $427,168.69 in CDBG funds was expended across all projects. For the CDBG-CV program, approximately $708,569.72 has been expended as of June 30, 2023.

Please refer to the appendix for a detailed financial summary report for the 2022-23 CDBG program year.

Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
CDBG Target Area 41 13.5
City-Wide Activity 59 86.5 No Geographic Target
RCAP/ECAP 45.02 0
Table 4 – Identify the geographic distribution and location of investments

Narrative
Beginning in 2018, the City enhanced its approach, so that it not only utilizes a needs-based approach but added an asset-based strategy for certain aspects of community improvement. When possible, specific attention will be focused on one census tract (45.02) in the target area that was identified as a Racially/Ethnically Concentrated Area of Poverty (R/ECAP). During the 2022-23 program year, the Alley Improvements project was located in census tract 45.02 for Central Avenue, between Walnut Street and Oak Street to finish laying a 12” diameter storm drain line.

The social services projects serve at least 70 percent low- to moderate-income persons. Most social service organizations offer their services citywide. Due to Lodi’s concentrated low-moderate income area, it is believed that the majority of recipients reside in the CDBG target area; however, for purposes of this calculation, the projects are considered citywide activities and are not included in the CDBG target area.

For CDBG-CV activities, all activities were citywide as they were available to all low- and moderate- income residents regardless of location.

CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 40 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 40 0
Table 5 – Number of Households

One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 40 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 40 0
Table 6 – Number of Households Supported

Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

During the 2022-23 program year, no progress made as activity is still finalizing financing before beginning.

Discuss how these outcomes will impact future annual action plans.

CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
The City plans to address housing needs, but without significant additional resources, the City will continue to focus CDBG dollars where they will provide the most benefit for low- and moderate-income households through better access to economic opportunities, services, and public infrastructure.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 9,223 0
Low-income 116 0
Moderate-income 71 0
Total 9,410 0
Table 7 – Number of Households Served

Narrative Information
As per HUD requirements, Lodi tries to focus CDBG funding toward low- and moderate-income households and neighborhoods. The City used an area benefit to determine population demographics for the public infrastructure projects that were intended to benefit low-income neighborhoods. The Graffiti Abatement program served neighborhoods that were approximately 73 percent low/moderate- income by removing instances of graffiti from residential surfaces, and the Alley Improvements project served neighborhoods that were approximately 70 percent low/moderate-income by improving alleyways. The City is continually looking for new resources to construct new affordable, transitional, and/or permanent supportive housing units. Moreover, the City looks for alternative ways to support affordable housing, such as helping preserve existing affordable housing through rehabilitation projects and renter’s assistance programs and creating transitional housing units for individuals in emergency or transitional circumstances.

The City continued to fund fair housing programs in the 2022-23 program year through SJFH. These programs assist individuals facing housing discrimination and landlord disputes to find solutions to these issues in a comprehensive and professional manner. SJFH operates a renter’s helpline that provides counselors and legal advice for individuals who are potentially being unfairly discriminated against in terms of their housing choice.

Additionally, the City works with its homeless committee to find more strategies to address the needs of persons experiencing homelessness. The City created a Homeless Liaison Officer position in the local police department in 2017. The officer conducts street outreach and connects individuals with resources and local social service providers. In collaboration with the Lodi Committee on Homelessness (LCOH) volunteers, the officer has reported success in helping individuals access resources and in some cases housing.

CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Summary of Efforts to Address Worst Case Needs: the City of Lodi utilized allocations from other grant resources to address the worst case housing needs and did not need to utilize CDBG funds.

CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City created two new staff positions in 2020: Community Development Director and Neighborhood Services Manager. The Program Specialist position was created in 2021. These new staff positions have given the City additional capacity to participate in the many homeless housing/services efforts across the City and as described below.

The City has continued to be a participant in the LCOH, which comprises City staff from a cross section of departments (including police), City Council members, San Joaquin County agencies, local residents, business owners, and representatives from local and regional social services organizations (including CDBG subrecipients), faith-based organizations, philanthropic organizations, health organizations, and housing agencies. Led by the resident volunteers and supported by the Lodi Improvement Committee (LIC), this task force has built consensus and support to explore several short- and long-range solutions to reduce homelessness and mitigate its effect on the community. This culminated in the creation of a Report on Homelessness in Lodi, which was presented to the Lodi City Council in September 2015. The City Council adopted that report and its long- and short-term strategies. On November 4, 2020, the City Council adopted the San Joaquin Community Response to Homelessness: 2020 San Joaquin Strategic Plan (“Strategic Plan”), a strategic plan developed by the CoC that provides a road map to address homelessness based on local needs and strategies. The City has remained actively involved in the monthly committee and subcommittee meetings and has consolidated the other homelessness outreach efforts into these meetings.

Lodi has previously been involved with the CoC in the planning and execution of the countywide point- in-time homeless count, which typically takes place in January every other year. However, due to the COVID-19 pandemic, the 2021 point-in-time (PIT) count was canceled and rescheduled to 2022. On January 26, 2022 the City of Lodi PIT count was completed and resulted in a 50% increase from 2019 for a total of 208 unsheltered in the Lodi Community. It was noted by the CoC the City of Lodi by far had the most accurate PIT count within San Joaquin County
The City values its relationships with homeless service providers and reaches out to those providers for input on needs. Many of these service providers also attend City Council meetings to provide feedback on the homeless population.

In 2017, a Homeless Liaison Officer position was created in the Lodi Police Department. The officer works directly with the local unsheltered homeless to offer assistance, connect them with available services, and find placement in shelters and more permanent housing.

CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
The City supported the Board of Supervisors in its creation of a lead position at the County level during the 2018-19 program year. The County now has a program administrator for homeless services. This position is directed to bring about new homeless and affordable housing resources to the county, increase coordination among local jurisdictions, and help coordinate the point-in-time counts for the County.

The LIC, a City board and commission with members appointed by the City Council, continues to serve as a forum for discussing, gathering information, and promoting actions regarding homeless issues, among other resident-driven topics in the City. It was able to participate in the 2022 Homeless Point-in-Time Count and engage the community regarding advocacy and education on homeless issues and solutions, and provide support to the Lodi Committee on Homelessness (LCOH).

Addressing the emergency shelter and transitional housing needs of homeless persons Residents of emergency shelters and transitional housing often need additional services, such as rehabilitation programs, case management, medical evaluations, and living environments that allow for stability in the time it takes to get permanent, supportive housing. Additionally, these facilities are often in need of repairs due to steady and intensive use. The City has been adamant in recognizing the need for both more transitional housing and for providing additional resources for the preexisting facilities, both of which have been voiced by service providers in prior years.

In 2022-2023, the City funded the Salvation Army HVAC Replacement project and Hope Harbor shelter operations project.

The City of Lodi has applied for and been awarded various other grant resources to develop a shelter, learning center, and transitional housing in Lodi which has allowed CDBG grant resources to be utilized towards other projects.

The development of the permanent Access Center Shelter (Access Center) is well underway and it will have the capacity to meet the needs of our 2022 Point-in-Time count and provide 24/7 shelter and wraparound services. Currently the temporary Access Center is open and operating at or near capacity most nights at close to 50 individuals. Services being offered include, food, clothing, hygiene, case management, housing navigation, and resources for medical, behavioral health, and substance use treatments.

On the same campus as the Access Center, the City is looking to construct a learning center that would allow for various educational and trade services to be taught for Access Center clients as well as the community as a whole. We are hoping to have both youth, transitional aged youth, and adults utilize the learning center to advance their knowledge and career opportunities.

Additionally, the City is working to acquire and rehabilitate a 40 unit property to develop transitional/supportive housing to Medi-cal recipients that are current residents of local shelter

CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
facilities.

Both the Access Center and transitional housing facility in development will allow individuals to continue towards their path of self-sufficiency and exit the cycle of homelessness while reducing the likelihood of recidivism.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs To assist families in avoiding homelessness, the City has supported the CPFSJ youth program, which promotes the mental, emotional, social, and educational well-being of Lodi’s youth. This in turn helps them to make positive choices about their future, including efforts at schools and with career opportunities. Some youth come from families that have experienced multi-generational poverty, and this program contributes to ending that cycle through opportunities for educational mentoring, interpersonal communication, skill training, and mapping goals for the individual’s future, including their family’s future. The CPFSJ program takes a holistic look at family health as part of its programming and to help improve core factors facing at-risk youth in the City.

The City also supports the Second Harvest Food Bank, which helps families teetering on the edge of homelessness. A good portion of Lodi’s seniors are on fixed incomes and often face frequent medical care expenses that can be an extreme financial burden. To assist these residents in meeting everyday living costs, the City assisted LOEL Senior Center with its Meals on Wheels Program. This program serves both hot and cold meals that are tailored to the nutritional and dietary needs of the elderly residents.

Meals are delivered directly to seniors, who in turn receive a daily check-in to see if they have any additional needs.

The City continues to have a strong relationship with The Salvation Army Lodi Corps. Their programs in Lodi offer financial assistance for low-income families, food boxes, culinary arts training, job skills, and Hope Harbor Shelter, which provides overnight care for men, women, and families with children, transitional living, and a cold-weather shelter. The Salvation Army offers homeless services, support, and resources such as case management, hot meals offered 365 days a year, showers, clothing exchange, and “pre-program” supportive services to prepare individuals for one of their six-month rehabilitation programs.

The City supported basic human needs by providing funds to the Second Harvest Food Bank, which provides bulk food goods to local shelters. Both programs provide food to extremely low- and very low- income residents across the City. Providing this food can help residents free up funds for other necessities, such as health and housing.

CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
The City utilized outside grant resources to assist those experiencing homelessness. The City expended HEAP grant funds to develop four permanent support housing units and the Housing Authority of the County of San Joaquin provides Housing Choice Vouchers.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City uses several strategies to assist chronically homeless individuals. The following activities have occurred or are in process.
• The LCOH collaborates with the Homeless Liaison Officer, a position in the Lodi Police Department that connects persons experiencing homelessness, on an individual basis, with needed programs, resources, and shelter. Additionally, the City’s Neighborhood Services Manager sits on the CoC Strategic Planning Committee and is the Chair of the CoC Shelter Committee. Committee members frequently participate in CoC board activities to address homelessness (such as point-in-time counts).
• The City continued to support the Second Harvest Food Bank, which provides food to many local Lodi service providers that then distribute this food to persons experiencing homelessness and persons and families at risk of homelessness. Healthy food contributes to better health, which in turn can reduce associated medical costs and financial stress, which can be a factor in homelessness.
• Similarly, the City supports the LOEL Center and The Salvation Army, which provide food to extremely low- and very low-income residents across the City. Food provision can help some residents save funds to use on other necessities such as health and housing.

CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The Housing Authority of the County of San Joaquin (HACSJ) continued to be the public housing agency serving the City of Lodi. HACSJ is independent of the City of Lodi, and the City retains no control over its funding or implementation of programs.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
HACSJ encouraged public housing residents to participate in policy, procedure, and program implementation and development through its Resident Advisory Board. HACSJ also distributed newsletters to all residents, which contains relevant news, information on training and employment opportunities, and other community resources available to public housing residents. Public housing residents also participate in the development of the HACSJ five-year and annual plans. The Resident Services Division distributes a survey to prioritize residents’ needs and schedule short- and long-term improvements.

Additionally, the City has partnered with HACSJ to develop 110 units of senior with veterans preference affordable housing. The City has allocated the land to develop the two phase project and assisted with supporting HACSJ in acquiring grant resources for the project.

Actions taken to provide assistance to troubled PHAs
HACSJ is designated as a “High Performer.”

CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) In the 2022-23 program year, the City funded SJFH to address the need for actions against affordable housing barriers. A detailed summary of actions taken to address barriers to affordable housing, as outlined by the Analysis of Impediments to Fair Housing Choice, can be found below in section

91.520(a). The City is currently drafting its Housing Element Update and revising its General Plan. This analysis will inform the 2024-2028 Five Year Consolidated Plan to be drafted in 2024 Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) In the 2022-23 CDBG program year, the City supported the following programs to address underserved needs:
• SJFH’s housing counseling services, outreach, and seminars. • Second Harvest Food Bank’s services to disabled, elderly, youth, and persons experiencing homelessness and their families.
• CPFSJ’s services, which predominantly serves at-risk youth populations and their families that are at risk of gang influence and activities. Many of the partnership’s efforts help to serve Hispanic youth and their families.
• LOEL Senior Center’s Meals on Wheels Program for elderly, many of which are disabled and have little ability to have social interaction or access to nutrition on their own.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) In 2022-23, the City offered the following programs to reduce lead-based paint hazards:
• The City has implemented and continues to use the policy of providing lead-based paint testing as a component of its residential repair and rehabilitation program when required by HUD regulations. Given the age and condition of Lodi’s housing stock, lead-based paint testing is needed in a significant number of homes.
• Lodi continues to have lead-based paint hazards flyers and information at City Hall for those seeking more information or for those who might be affected.
• The City has finished repairs on seven homes through the Residential Repair Program. The project is

CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
required to abate any lead-based paint hazards on site.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City strives to ensure the CDBG program serves as many poverty-level families as possible. In the 2022-23 program year the City used CDBG funds to fund projects to provide various social services to low-income families and youth. The City plans to continue to fund activities that closely relate to the 2019-23 Consolidated Plan’s Strategic Plan goals, which are largely focused on reducing poverty and supporting low-income areas with various community development activities.

In the 2022-23 program year, the following nonprofits provided these instances of service to Lodi residents:
• Second Harvest Food Bank: Served 8,926, 99 percent were low-income. • LOEL Senior Center: Provided 144 homebound seniors nutritious meals five days a week. This program largely helps to assist disabled elderly, many of whom are in need of financial and medical assistance, 86% were at or below median income.
• CPFSJ: Provided services to 198 youth through their support and counseling program, Family Resource Center. The benefit from their program also goes on to benefit the household of the recipient. 80% were below median income.
• SJFH: Served 1,016 households with housing-related services; their program is a great resource for low-income families that are facing various rental housing issues.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City’s CDBG-funded programs are administered by the City’s Community Development Department, Neighborhood Services Division. This division works collaboratively with other departments/divisions, such as Planning, Code Enforcement, Economic Development, and Public Works. In addition, City staff is the liaison to the LIC and stays updated on LCOH, CoC Shelter Committee, CoC Strategic Planning Committee, and the County Emergency Food and Shelter Program Board. Participation in these committees helps the City’s CDBG program stay current and aware of the most pressing community needs, as well as allowing networking and problem-solving with local and regional social service providers, some of which bring in additional resources to the City.

A significant gap in access to social services for Lodi residents is due to a lack of social services in the City. Many services are located outside of Lodi, usually in Stockton. The City’s GrapeLine bus system connects to San Joaquin Regional Transit, which goes to Stockton. Residents, however, are often deterred by the cost, number of transfers, and length of trips. Since 2014, the City has encouraged and pursued opportunities for out-of-town service providers to have satellite facilities/offices in Lodi.

CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
In 2015, the City updated its Housing Element, which discusses issues such as multi-family and affordable housing, reviewed existing HUD-funded housing programs, and evaluated their effectiveness.

The City is currently drafting its Housing Element Update and revising its General Plan. This analysis will inform the 2024-2028 Five Year Consolidated Plan to be drafted in 2024.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City continues to participate in regional coordination of services through the LCOH, LIC, and other networking opportunities.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) SJFH remained open during the COVID-19 pandemic. SJFH was able to answer questions from tenants and landlords about housing issues impacted by COVID-19, including the moratorium on evictions and general questions about rights and responsibilities from both tenants and landlords. SJFH shared documents for tenants to give to landlords regarding a tenant’s loss or reduced income due to the pandemic and advised landlords on how they could work with their tenants during this pandemic. SJFH implemented additional public information on its website, as well as an informational table outside of its office, which worked to provide community members with resources.

Overall, SJFH was able to mediate and counsel 1,197 families in Lodi during the 2022-23 program year.

Additionally, the City took action as recommended from the completed and approved 2016 Analysis of Impediments. Actions taken during 2022-23 plan year to overcome the identified impediments are as follows:

1. Lack of sufficient subsidized and unsubsidized affordable housing supply, particularly for low-income special needs households:
• Action: The City accepted applications and executed agreements with seven households for the Residential Repair Program project during the 2020-21 program year. Repairs were completed. No program progress made in 2022-23 program year

2. Lack of available rental housing subsidy for lower-income households. • Action: The City continues to support HACSJ in its administration of the Housing Choice Voucher rental assistance program, which may include distribution of program information at the Community Development public counter; distribution of program information to rental property owners as part of the City’s Community Improvement Division (formerly Code Enforcement) activities; consultations with representatives of HACSJ to discuss actions the City can take to encourage greater participation in the voucher program by rental property owners.
• The City has been in discussions with HACSJ regarding rehabilitation of an existing complex through support of HOME grant funds. The City has also been talking with various local and regional homeless

CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
shelter providers regarding the purchase of existing structures for conversion to affordable units for lower income households, especially households experiencing homelessness.

3. Different origination and denial rates based on neighborhood. • Action: The City of Lodi has continued to track fair housing complaints and cases lodged in the City to ensure that lenders are not violating fair housing law with discriminatory lending practices. • Action: During the program year, the City continued outreach to residents about their fair housing rights and how to seek assistance. This was largely done through the specified fair housing programs that are carried out by SJFH.

91.520(a) section continued

4. Lack of information on the nature and basis of housing discrimination and the resources available to seek assistance.
• Action: The City of Lodi has continued to monitor the incidence of housing discrimination complaints and report trends annually in conjunction with the CAPER. Additionally, the City has updated formal policies and procedures for persons with disabilities to request reasonable accommodations to local planning and development standards. Information on the accommodations that a resident can request has been made available online and an ADA compliance officer has been identified as well. Information can be found here: http://www.lodi.gov/665/Americans-with-Disabilities. • Action: The City of Lodi has continued to include a review of prior year performance regarding affirmatively furthering fair housing in the annual planning for the use of CDBG funds. The City will identify funding support that addresses the removal of impediments or advancing specific fair housing goals.
• Action: The City has continued to work with local agencies to improve the collection and reporting of information on discrimination, particularly based on religion, race and ethnicity, age, gender, marital status, presence/absence of children, and household size. These agencies include the apartment associations as well as SJFH and other nonprofit groups that regularly come into contact with groups at risk of housing discrimination.
• Action: The City has continued to work with SJFH to improve outreach to residents at risk of discrimination, using marketing, educational efforts, and partnerships with other agencies (schools, utilities, etc.) to disperse fair housing informational materials.

5. Concentration of lower-income households and minority households in less desirable neighborhoods. • Action: The City encourages a mixture of household incomes in new developments. As part of the Annual Action Plan, the City has continued to track changes in geographic concentrations for lower- income and minority households. Additionally, the City has been working with the San Joaquin Council of Governments on understanding what factors are driving displacement risk within local communities.

Through CDBG funding, the City continues to support projects that target the geographic concentrations of lower-income and minority households. These concentrations continue to be located on the eastern sides of the City.

6. Fair housing education
• Action: The City published information online in Spanish and English about available housing services and programs in the City, specifically the Residential Repair Program, Harmony Homes project, Access

CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
Center project, CDBG program activities, rental assistance, and LIC meetings. The City also posted flyers in the resource area of City Hall regarding fair housing services and information on lead hazards in the home; this information was also provided in English and Spanish. The City has also created an online page for fair housing services information at http://www.lodi.gov/182/Rental-Foreclosure-Assistance.

The City publishes information in Spanish to inform persons fluent in Spanish but with limited English language proficiency about the availability of housing services and programs in the City. The City also has bilingual staff available daily during business hours to assist.

CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City’s CDBG program is currently run by one CDBG program specialists with oversight by the Neighborhood Services Manager, who carries out the responsibilities associated with the CDBG program. The program specialist oversees reporting requirements, monitor the budget, conduct procurement activities, enforce labor compliance standards, and attend to other tasks. He is available to offer assistance and answer questions from subrecipients and are in contact with each subrecipient, at least quarterly, regarding quarterly reports or other matters. The program specialist is a contractor that is part of a team of experienced professionals that the City draws upon for expertise and assistance, as needed. The program specialist has over 3 years of experience in comprehensive implementation of the Consolidated Plan, Housing Element, Analysis of Impediments to Fair Housing, and other planning documents.

The City has developed a monitoring system to ensure that the activities carried out in furtherance of the Consolidated Plan are done so in a timely manner in accordance with the federal monitoring requirements of 2 CFR 200.328, 2 CFR 200.331, 24 CFR 570.501, 24 CFR570.503(b)(1) and all other applicable laws, regulations, policies, and sound management and accounting practices.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The City provided a draft of this CAPER to the public for comment 15 days prior to the City Council public hearing on September 6, 2023. The City posted and published a notice regarding the City Council hearing on the draft CAPER.

As a public agency, the City strives to accomplish effective transparency through three methods, which are identified in the written documents: how staff solicits public comment for use of the funding, what the City has proposed to do with the grant funding, and what the City has accomplished with the use of those funds.

CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
This CAPER was made available to the public for 15 days starting August 21, 2023 and ending September 6, 2023. [There were __ public comments received regarding this CAPER.] Please note: this will be updated after the City Council meeting, prior to submission to HUD. [The 2022-23 CAPER was reviewed and _____by City Council on September 6, 2023. Upon approval, the CAPER was submitted to HUD. Please refer to the appendix at the end of this document to view the presentation for this CAPER’s approval, as well as a resolution by City Council to approve of the 2022-23 CAPER.] .] Please note: this will be updated after the City Council meeting with outcome, prior to submission to HUD.

CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The 2022-23 program year was the fourth year of implementing the City of Lodi’s 2019-23 five-year Consolidated Plan. This Consolidated Plan set forth the priority needs and goals for the CDBG program over a five-year period, which spans from July 1, 2019, to June 30, 2024 covering five program years: PY 2019, PY 2020, PY 2021, PY2022, and PY 2023.

The 2022-23 Annual Action Plan was adopted by the City on May 4, 2022.

Due to the COVID-19 pandemic and subsequent release of CDBG-CV funding from the CARES Act, the City amended its 2019-23 Consolidated Plan to address new priority needs. The Consolidated Plan amendment included the COVID-19 Preparation, Prevention, and Response goal (Goal #11) and the Annual Action Plan amendment identified programs to meet this goal, including:
• Emergency Rental Assistance: CPFSJ has helped 55 families since taking over program from CVLIHC, 100% of program participants were L/MI and nearly 84% were below moderate income Beginning in 2018, the City enhanced its approach, so that it not only utilizes a needs-based approach but added an asset-based strategy for certain aspects of community improvement. While CDBG regulations and methodology principally rely on a needs-based approach, the City recognizes and values the assets-based approach as an effective way to make lasting improvements in the community and a method that better engages and empowers community members who may have been unengaged in previous processes or passive beneficiaries of such activities. Through the City’s involvement with the ABCD: Love Your Block program, the City will look for opportunities to grow existing assets and involve residents in the creation and design of priority activities, in partnership with the City and other community stakeholders and resources.

The City does not have any BEDI grants, however, the City, through its Economic Development

CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
Department, received a $300,000 brownfield assessment grant from the U.S. Environmental Protection Agency (EPA). This grant, awarded in 2020, has a three-year term and will be used to contribute to the successful revitalization and reuse of ‘brownfield’ sites (vacant, blighted, or otherwise underutilized properties). The grant provides funding for environmental site assessments, regulated building materials surveys (asbestos and lead paint), site cleanup and reuse planning, and related activities at publicly and privately owned sites. Use of grant funding will build on success-stories achieved by the City during its previous (fiscal year 2015) EPA brownfields assessment grant and continue to drive revitalization and beneficial reuse of underutilized brownfield sites. Although funding is available for priority projects throughout the City, specific target areas include downtown Lodi, the Union Pacific Railroad (UPRR) rail corridor that bisects the City north to south, and the federally designated Opportunity Zone. These target areas consist of approximately 230 acres bounded by the UPRR rail corridor to the west, Lodi Avenue to the north, Central Avenue to the east, and Kettleman Lane to the south. An overarching goal is to leverage grant funding to develop a sustainable brownfields revitalization program to continue supporting site redevelopment projects that benefit all citizens of Lodi.

There are several potential projects in the pipeline for the 2024-25 program year that the City is hoping will come to fruition and will be reported in a future CAPER.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

N/A

CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided N/A for this program year
Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours
Total Section 3 Worker Hours
Total Targeted Section 3 Worker Hours
Table 8 – Total Labor Hours

Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.

Direct, on-the job training (including apprenticeships).

Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.

Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).

Outreach efforts to identify and secure bids from Section 3 business concerns.

Technical assistance to help Section 3 business concerns understand and bid on contracts.

Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.

Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.

Held one or more job fairs.

Provided or connected residents with supportive services that can provide direct services or referrals.

Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.

Assisted residents with finding child care.

Assisted residents to apply for, or attend community college or a four year educational institution.

Assisted residents to apply for, or attend vocational/technical training.

Assisted residents to obtain financial literacy training and/or coaching.

Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

Provided or connected residents with training on computer use or online technologies.

Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.

Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.

CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
Other.

Table 9 – Qualitative Efforts - Number of Activities by Program

Narrative:

N/A

RESOLUTION NO. 2023-

A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE 2022-23 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL PERFORMANCE

AND EVALUATION REPORT (CAPER) AND AUTHORIZING THE SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

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

WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has determined that the City of Lodi, California, may receive an annual allocation of Community Development Block Grant (CDBG) funds as an entitlement community; and

WHEREAS, the 2022-23 CAPER describes the programs and activities accomplished during that program year, in which the City received $626,997 in federal CDBG entitlement funds; and

WHEREAS, the 2022-23 Annual Action Plan was adopted by the City Council on May 4, 2022, and subsequently submitted to HUD for approval; and

WHEREAS, the City of Lodi has held, with proper notification and at the completion of the mandated public comme nt period (August 21, 2023 to September 5 , 2023), a public hearing at the City Council meeting on September 6, 2023, to receive comments on the CAPER; and

WHEREAS, staff will incorporate any public comments received and finalize the CAPER document prior to submission to HUD; and

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the 2022-23 CDBG Consolidated Annual Performance and Evaluation Report and authorize the submission to HUD.

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

Olivia Nashed
City Clerk

2023-______

AGENDA ITEM G-02

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Public Hearing to Consider Adopting a Resolution Approving Revised Planning Division Related Fees for FY 2023-24 with Fees Effective Sixty Days Following Authorization of the Resolution
MEETING DATE: September 6, 2023
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Public Hearing to consider adopting a resolution approving revised Planning Division related fees for FY 2023-24 with fees effective sixty (60) days following authorization of the resolution.

BACKGROUND INFORMATION: The Planning Fee Schedule reflects Planning Division application fees as authorized by Lodi Municipal Code (LMC) Section 17.38.050. The fee schedule was intended to be
amended periodically so that fees reflect current costs to provide services, to bring fees closer to full cost recovery targets, to add new fees when applicable for new City services, and/or to eliminate fees for discontinued services.

The California Constitution grants cities the authority to establish fees to recover the cost of providing services. The City contracted with MGT of America Consulting (MGT) to conduct a comprehensive review and update Planning fees for the Community Development Department’s Planning Division.

Fee Study Methodology
The purpose of conducting a Planning fee study is to identify the full cost to provide fee -related services and to recommend recovery levels for each fee , which have not been updated for over a decade. In order to determine the full costs of a service, it is necessary to analyze all services, both direct and indirect, and to fairly distribute costs across all activities provided by the Planning Division.

The costs are calculated using the hourl y rate of staff providing the service and the average time required to provide the service. MGT provided guidance on the fee study process and its best practice calculation methodology was used to develop the full cost of each user fee. Data was collected using the current budget, as well as staff time estimates and service volume data . MGT's Executive Summary provides an overview of the findings and results of the city -wide fee analysis and is provided with this agenda item.

By law, user fees may not exc eed the reasonable cost of the service for which they are collected.

The intent of user fees are to cover up to 100% of the costs of providing the service associated with the fee. Included in the costs of the service are three components:

1. Direct Labor. Employee hours spent directly on the fee-related service. This rate includes the employee's salary and benefits.

Adopt Resolution for Planning Division Fees
September 6, 2023

Page 2 of 4 ends

2. Departmental Indirect Labor. Departmental employees not directly working on the fee-related service, but responsible for supervision and administrative activities. This cost layer includes administrative support staff, a portion of the department head's time and material and supply costs.

3. Citywide Overhead. This component includes costs for those departments that provide support to Planning (e.g. City Attorney, City Manager, Finance, and Human Resources).

Once all direct and indirect costs are calculated, MGT compared the total cost for each fee -related service to the fee currently charged to the public. In some cases, MGT found the total cost of providing a service exceeded the fee charged. In these instances, the fee can be increased to recover these subsidies, up to the maximum allowed fee. However, if there were services for which the total calculated cost was less than the fee charged, then in these cases, the fee must be lowered to comply with State law.

Fee Study Findings
Staff carefully analyzed each fee and developed recommendations based on simplicity, competitive fees to encourage development, consideration of the public/community-wide benefit, and the effect of price increases on the demand for services. In the process of recommending cost recovery levels, staff considered the impact increased fees might have on individuals utilizing our services, and the community. User fees are charge s for services or products from which individuals or businesses receive a benefit.

Overall, the Fee Study concluded that the Planning Division’s current cost recovery is $206,765, and generates fee-related revenues of $88,050, which represents a cost reco very level of 43%. This indicates that the City is providing an overall subsidy of $118,715 to fee payers. The study proposes adjusting the Planning Division fees to equal the difference of the current cost recovery and revenues ($118,715), which would provide a cost recovery level of 100%.

The following is a summary of broad findings as a result of the Fee Study:

• A Technology Surcharge will generate 6.5% in additional revenues annually based on the current annual volume activity. The creation of the technology fee will allow for continued technology improvements and offset costs related to streamlining of permit processing, tracking, and filing.
• The estimated annual revenues do not include hourly charge revenues from deposit/tim e- based fees. Deposit-based fees are considered revenue neutral. If deposit amount requested is exhausted, staff will recover their cost by charging actual cost, per hour. • The proposed fee structure had significant changes from its existing structure. Several categories were added, deleted, consolidated or broken-down into sub-categories as well as converting some deposit-based fees to fixed fees. These changes were made primarily with the customer in mind to increase overall user -friendliness of the f ee schedule. Due to the proposed comprehensive changes in fee structure, fiscal impacts are only estimates. • “Increased Revenues” should consider the following: Six fees are converting from deposits to flat fees. When you convert from a deposit to a flat fe e, typically, results will show a significant increased revenue (especially if there's high volume activity). The assumption is that the previous deposit-based fees typically collect additional revenue by charging per hour once the initial deposit is gone. There is an increased risk in flat fees that is mitigated by the fee rate recommended. City costs for a minority of projects paying a flat rate will far exceed revenue received for a variety of reasons. This is offset by basing the flat rate on an average labor per project meaning both labor intensive and streamlined projects were considered in creating the flat rate.

Adopt Resolution for Planning Division Fees
September 6, 2023

Page 2 of 4 ends

MGT has included a comparison of sample user fees charged in neighboring jurisdictions that include Elk Grove, Galt, Manteca, Stockton, and Tracy. Because each jurisdiction is similar but also different, staff recommends that the information contained in the market comparison of fees be used as a secondary decision-making tool, rather than the primary tool for establishing an acceptable price point for services. The results of the fee survey are shown in Attachment A to this report.

Annual Fee Updates
MGT recommends the City apply an inflation adjustment to fees annually to keep pace with inflation.

This industry best practice is to apply this index once per year as part of the City’s annual budget process. This is particularly helpful as the City has chosen to adopt a cost recovery policy in order to keep fees at the desired level. The only exception to this automatic increase is for those fees which are limited by State law. This provision allows City fees to keep pace with increased costs for services without having to conduct a complete fee study each year. For ease of administration, fees are rounded to the nearest whole dollar whenever possible.

California Government Code section 66017(a) specifies that land -use related fees shall become effective no sooner than 60 days after adoption of the fees. Upon City Council approval, all fees will go into effect within 60 days following authorization of the resolution.

Beginning in FY 2024-25, the Planning Division Fee schedule will be automatically updated annually with regard to the Consumer Price Index on July 1st each year based upon the percentage change in the Consumer Price Index for the San Francisco Bay area, for all urban consumers, as published by the U.S. Department of Labor (“CPI”) from January of the prior year to January of the current year.

This adjustment, however, will occur only if the CPI would cause an increase. If the CPI would cause a decrease, no adjustment shall be made. Updated fees will go into effect July 1, annually.

Staff recommends City Council adopt a resolution approving the revised Planning Division fees for FY 2023-24.

Environmental Review
The adoption of the proposed resolution is not a project as defined by the California Environmental Quality Act (CEQA) pursuant to section 15378(b)(4) of Title 14 of the California code of Regulations and is not subject to CEQA review.

STRATEGIC PRIORITY ADDRESSED: Strategic Milestone 3C: Ensure elected leaders and staff retain focus on fiscal priorities.

FISCAL IMPACT: Under proposed City cost recovery percentages, staff estimates the new fees will increase annual revenues
by $118,715. These are estimates only. The actu al
revenue will depend upon the demand for services.

FUNDING AVAILABLE: Not applicable.

______________________________________
Andrew Keys
Assistant City Manager/Internal Services Director

_____________________________________
John R. Della Monica, Jr.

Community Development Director

Adopt Resolution for Planning Division Fees
September 6, 2023

Page 2 of 4 ends

Attachments:

Attachment A – City of Lodi Community Development Department, Planning Division User Fee Study, June 2023
Attachment B – Proposed Planning Division Fee Schedule
USER FEE STUDY – PLANNING DIVISION
City of Lodi, California
Final Report
June 2023
MGTCONSULTING.COM
2 City of Lodi, California

PLANNING DIVISION USER FEE STUDY
June 2023

TABLE OF CONTENTS

SECTION 1 – EXECUTIVE SUMMARY
Introduction
MGT Consulting Group (MGT) is pleased to present the City of Lodi with this summary of findings for the recently completed Planning division user fee study.

The City contracted with MGT to perform a cost-of-service study for the Planning division using fiscal year 2022/2023 budgeted expenditures, staffing costs, and operational information. The current city fees represent the fees being charged at the beginning of this study.

This report is the culmination of an extensive study conducted by MGT in collaboration with the City staff. MGT would like to take this opportunity to gratefully acknowledge all management and staff who participated on this project for their efforts and coordination.

Study Scope and Objectives
3 This study included a review of the City’s Planning division fees-for-service. The study was performed under the general direction of the City’s Community Development Director. The study included a review of fee for service activities within the following areas:

Planning Division:
• Deposit-Based Fees
• Fixed-Price Fees
• Technology Surcharge
The primary goals of the study were to:
• Define what it costs the City to provide the various Planning fee-related services. • Determine whether there are any services where a fee should be collected. • Identify service areas where the City might adjust fees based on the full cost of services and other economic or policy considerations.
• Update deposit-based fee amounts to reflect the City’s current costs and time involvement.
• Compare the Planning division fees to peer agencies
The information summarized in this report addresses each of these issues and provides the City with the tools necessary to make informed decisions about any proposed fee adjustments and the resulting impact on City revenues.

SECTION 1 – EXECUTIVE SUMMARY
Methodology
4 MGT’s standard approach for analyzing the cost of providing fee-related services is commonly referred to as a “bottom-up” approach. The bottom-up approach was used to analyze the fixed- priced Planning division fees for service. A general description of the bottom-up approach is as follows:

1. Identify all direct staff time spent on the fee related activity or service MGT conducted a series of meetings to identify work directly in support of fee related services.

Direct staff costs are incurred by employees who are “on the front line” and most visible to the customers. Once all direct staff were identified, subject matter experts estimated how much time those employees spend, on average, performing each particular fee service.

Developing time estimates for fee related services can be challenging and staff should be commended for the time and effort they put into this. Although MGT provided direction with templates and other tools to assist them in developing average or “typical” time estimates, these calculations were necessarily developed by the subject matter experts within each fee area.

2. Calculate direct cost of the staff time for each fee using productive hourly rates “Productive hours” means the time staff are in their office or in the field. A full-time City employee typically has 2,080 paid hours per year (40 hours x 52 weeks). However, cost studies reduce this number to account for non-productive hours (sick leave, vacation, holidays, training days, meetings, administrative duties, etc.). MGT calculates the productive hourly rate for each staff classification by dividing annual salary and benefits by annual productive hour figures. The average productive hours for the City’s staff providing services was 1,525 hours per year.

3. Determine indirect or “overhead” costs
Generally, there are two types of indirect costs: department (or division)-specific and citywide overhead. These indirect costs are allocated across user fee services in order to capture the full cost of providing the service. If a department performs non-fee related services, a commensurate amount of indirect cost is segregated and not allocated to the fee related services.

Departmental overhead costs – these costs include managers, supervisors, and support staff as well as other operational costs, such as materials and supplies that are incurred for a common purpose and not readily assigned to a particular service or program.

Citywide overhead costs – each department that charges fees receive support from central departments whose main function is to keep the City running. An example of a central service Methodology Continued…
5 department is Human Resources. These costs are distributed to each receiving department through the cost allocation plan.

4. Compare total costs to the current fee schedule
Once all direct and indirect costs are calculated, MGT compared the total cost for each fee- related service to the fee currently charged to the public. In some cases, we found the total cost of providing a service exceeded the fee charged. In these instances, the fee can be increased to recover these subsidies, up to the maximum allowed fee. However, if there were services for which the total calculated cost was less than the fee charged. In these cases, the fee must be lowered to comply with State law.

5. Recommend fee adjustments
MGT provides fee adjustment recommendations based on full cost information, staff recommendations and industry best practices. Of course, MGT’s recommendations are advisory in nature only, ultimately City Council must decide what fee levels are appropriate.

Legal, Economic, & Policy Considerations
Calculating the true cost of providing City services is a critical step in the process of establishing user fees and corresponding cost recovery levels. Although it is a principal factor, other factors must also be given consideration. City decision-makers must also consider the effects that establishing fees for services will have on the individuals purchasing those services, as well as the community.

SECTION 1 – EXECUTIVE SUMMARY
The following legal, economic and policy issues help illustrate these considerations. • Legal restrictions – In California user fees are limited to the "estimated reasonable cost of providing a service" by Government Code section 66014(a) and other supplementary legislation. Proposition 26 was approved by California voter in November of 2010 and clarified which charges are considered user fees and which are considered taxes. The significance of this distinction is that user fees may be raised by Council action up to the limit of actual cost, whereas taxes may not be increased without a majority vote of the public. None of the fee adjustments recommended by MGT are considered taxes per Proposition 26 guidelines.

SECTION 1 - Executive Summary
Legal, Economic, & Policy Considerations
Continued…
6 • Economic barriers - It may be a desired policy to establish fees at a level that permits lower income groups to use services that they might not otherwise be able to afford. • Community benefit - If a user fee service benefits the community as a whole to some extent, it is appropriate to subsidize a portion of the fee. Planning fees don’t typically fall under this category, with a good portion of the benefit accruing to the developer. • Private benefit - If a user fee primarily benefits the fee payer, the fee is typically set at, or close to, 100% full cost recovery. Planning fees generally fall into this category; however, exceptions are sometimes made for services such as penalties and/or state set fees. • Service driver - In conjunction with the third point above, the issue of who is the service recipient versus the service driver should also be considered. For example, code enforcement activities benefit the community as a whole, but the service is driven by the individual or business owner that violates City code.
• Managing demand - Elasticity of demand is a factor in pricing certain City services; increasing the price of some services results in a reduction of demand for those services, and vice versa.
• Competition - Certain services, such as park usage or facility rentals, may be provided by neighboring communities or the private sector, and therefore demand for these services can be highly dependent on what else may be available at lower prices. Furthermore, if the City's fees are too low, demand enjoyed by private-sector competitors could be adversely affected.
• Incentives - Fees can be set low to encourage participation in a service, such as obtaining a water heater permit.
• Disincentives - Penalties can be instituted to discourage undesirable behavior.

SECTION 1 – Study Findings
7  A Technology Surcharge will generate 6.5% in additional revenues annually based on the current annual volume activity.
 The estimated annual revenues do not include hourly charge revenues from deposit/time-based fees. Deposit-based fees are considered revenue neutral. If deposit amount requested is exhausted, staff will recover their cost by charging actual cost, per hour.
 The proposed fee structure had significant changes from its existing structure. Several categories were added, deleted, consolidated or broken-down into sub-categories as well as converting some deposit- based fees to fixed fees. These changes were made primarily with the customer in mind to increase overall user-friendliness of the fee schedule.

Due to the proposed comprehensive changes in fee structure, fiscal impacts are only estimates.
 “Increased Revenues” should consider the following: Six fees are converting from deposits to flat fees. When you convert from a deposit to a flat fee, typically, results will show a significant increased revenue (especially if there's high volume activity). The assumption is that the previous deposit-based fees typically collect additional revenue by charging per hour once the initial deposit is gone.

SECTION 1 – Study Findings
Continued…
8  Column A: Costs, user fee services
o $206,765 is related to services for which the City charges fees. It is this $206,765 that is the focus of this study and represents the total potential for user fee- related revenues for the City. MGT calculates this cost based on cost to provide each service multiplied by the annual volume for that service that’s provided by City staff.
 Column B: Current Revenues
o Based on the current fee amounts charged multiplied by the annual activity, the City receives fee-related cost recovery in an amount equal to $88,050 and is experiencing an overall 43% cost recovery level
 Column C: Current Subsidy
o The current subsidy is the difference between the current cost minus current revenues. Current fee levels recover43% of full cost, leaving 57% or $118,715 to be funded by other funding sources. This subsidy represents an opportunity for an updated and more focused cost recovery effort bythe City for fee-related services. Again, these annualized figures do not include the hourly charges against deposits once deposit amounts are exhausted. Recovery levels are likely higher as a result of those hourly charges. These fiscal impact figures should take that into consideration.
 Column D: Recommended Cost Recovery
o It is estimated that adoption of the recommended fees would increase cost recovery to $206,765. This would bring the overall cost recovery level up to100%  Column E: Recommended Increased Revenue
o Assuming activity levels remain relatively static, approximately$118,715 in in additional cost recovery could be received by the City. “Increased Revenues” should consider the following: Six fees are converting from deposits to flat fees.

When you convert from a deposit to a flat fee, typically, results will show a significant increased revenue (especially if there's high volume activity). The assumption is that the previous deposit-based fees typically collect additional revenue by charging per hour once the initial deposit is gone.

SECTION 2 - Analysis Highlights
Below is a brief discussion of findings for the Planning department’s analysis. Please see the user fee summary sheets in Section 3 of this report for details on each fee calculation and cost analysis.
9  Deposit-Based Fees
o Deposit-based fees analyzed in this study are based on the typical/average time it takes to process an application of that type multiplied against the planning divisions blended hourly rate. Those time requirements were provided by Planning staff. o The current deposit amounts have not been updated in years. The hours assumed in current deposits are out-of-date and did not reflect reality of the process today. Therefore, staff was constantly exhausting the initial deposit funds. The new, increased, deposit amounts recommended are more representative of the number of hours staff typically spend processing these applications.
o Processing times can vary depending on the specifics of an application and it is possible that the processing time, and thus the cost, may exceed the original estimate. o When costs approach the amount of a deposit, staff will notify the applicant and request an additional deposit based on staff’s best estimate of the additional time necessary to complete the application review.
o If the above occurs, the applicant is responsible for the additional costs to be charged per hour at the divisions blended rate.
 Deposit Based-Fees  Fixed Fees Conversion
o MGT found that some of the fees currently charged via deposit/hourly rates can be more efficiently charged as fixed fees. These are typically applications where the review time requirement is relatively consistent. This change will benefit developers as well, who typically prefer fixed fees over “blank check” deposits. Those fees are:
 Administrative Deviation
 Lot Line Adjustment
 Tentative Parcel Map
 SPARC
 Use Permit
 Variance
SECTION 2 - Analysis Highlights
Continued…
Below is a brief discussion of findings for the Planning department’s analysis. Please see the user fee summary sheets in Section 3 of this report for details on each fee calculation and cost analysis.
10  New Fees
o 10 new fees are being proposed for institution.
 3 of those fees are a result of restructuring the current appeals fee.  2 of those fees are a result of restructuring/expanding on the current tentative subdivision map fee.
 Fee Restructuring
o 3 fee areas are being restructured.
 Annexation Fee – Recommend expanding into two fees: Minor Annexation and Major Annexation
 Appeals Fee – Recommend expanding into three fees: Administrative Determination, Site Plan and Architectural Review Committee Appeals, Planning Commission Appeals.
 Tentative Subdivision Map Fee – Recommend expanding from one category to three to account for size.
 Technology Surcharge Fee
o A 6.5% technology surcharge is being proposed for institution. Future technology needs will cost approximately $27K annually. Staff recommends for at least half of that cost to be recovered through planning fees.
 Fee Removal
o 6 fees are being removed. They have either become obsolete or are being restructured into other fees.

SECTION 2 - Analysis Highlights
Recommendations Going Forward:

MGT recommends that the City build on its investment in this cost-of-service analysis by continuing to analyze its fees and charges whether this is done by staff or outside consultants. Once the commitment is made to understand the full cost of providing services, it is important to review and update the analysis in order to keep pace with changes in service delivery, staffing changes, and demand levels.

Most of our agencies ask us at the conclusion of the study: how often should this type of study be undertaken? Our advice is to perform this detailed analysis at least every three but not more than five years, with minor adjustments in the non-study years (to keep pace with economic impacts).

MGT recommends the City apply an inflation adjustment to fees annually, based CPI from All Urban Consumers for the San Francisco Bay area to keep pace with inflation. The industry best practice is to apply this index once per year as part of the City’s annual budget process. This is particularly helpful once an agency has chosen to adopt a cost recovery policy – whether 100% of cost or something less – in order to keep fees at the desired level. 11 SECTION 3
User Fee Summary
Planning Division
12 13

14 SECTION 4
Comparison Survey
SECTION 4 – Comparison Survey
A component of the user fee study scope requires a comparison of Lodi’s fees against peer agencies. With help and recommendations from staff, MGT compared fee amounts and structure to the following agencies: Elk Grove, Galt, Manteca, Stockton, Tracy
The purpose of this component is to give Lodi an understanding of fee structures typical in the region as well as how their fees compare against their peers/neighbors.

MGT understands the value of this information, but believes it is important to provide the following context: 1) unless MGT has performed a similar study for the surrounding jurisdiction, we do not know what cost components are included in the fees, 2) a simple comparison of fees does not provide the City with the knowledge of whether the neighboring city has a policy of full cost recovery, or something less than 100%, 3) service levels may vary widely from jurisdiction to jurisdiction, and 4) it can be difficult to ensure an exact match up of services when each agency describes a service in its own unique manner.

The following pages display the comparison analysis results. 15 16

17 Description Fee Fee Type
Administrative Deviation ….............................. $323 ** Fixed Fee Minor Annexation (5 acres or less) …................ $10,000 * Base Deposit + Hourly Major Annexation (6 acres or more) ….............. $20,000 * Base Deposit + Hourly Appeals: Administrative Determination (Director decisions / Minor Use Permits - goes to Planning Commission) $646 ** Fixed Fee John R. Della Monica, Jr.

Appeals: Site Plan and Architectural Review Committee
Appeal (goes to Planning Commission) $969 ** Fixed Fee
Director Appeals: Planning Commission Appeal (goes to City Council) $1,291 ** Fixed Fee Cynthia Marsh Environmental Impact Report …........................ $10,000 * Based Deposit + Consultant Cost
City Planner General Plan Amendment …............................. $5,000 * Base Deposit + Hourly Municipal Code Amendment …......................... $5,000 Base Deposit + Hourly Home Occupation ….......................................... $81 ** Fixed Fee Lot Line Adjustment …...................................... $807 Fixed Fee Negative Declaration …..................................... $2,500 Base Deposit + Hourly Tentative Parcel Map …..................................... $4,843 Fixed Fee Tentative Parcel Map (SB-9) ….......................... $1,614 Fixed Fee Non-Residential Condominium conversions …... $2,000 Base Deposit + Hourly Preliminary Environmental Assessment $290 Fixed Fee
Rezone / Pre-Zone / PD Map Amendment …..... $6,200 * Base Deposit + Hourly Site Plan and Architectural Review (SPARC) ..... $4,843 Fixed Fee Tentative Subdivision Map (5 -25) …................. $5,000 * Base Deposit + Hourly Tentative Subdivision Map (26-100) ….............. $10,000 * Base Deposit + Hourly Tentative Subdivision Map (101 or more) …...... $20,000 * Base Deposit + Hourly Minor Use Permit …........................................... $1,776 Fixed Fee Use Permit …..................................................... $4,036 Fixed Fee Variance …........................................................ $1,291 Fixed Fee Pre-Development Review …............................... $1,937 ** Fixed Fee Technology Fee 6.5% Surcharge
Staff Consultation (including letters) …............. $161 ** Per Hour Design Review - Signs (minor review) $404 ** Fixed Fee
* Subject to a Reimbursement Agreement
** Non-refundable
· Withdrawl after project acceptance and circulation for review – 50% Refund.

COMMUNITY

DEVELOPMENT

DEPARTMENT

PLANNING DIVISION

FEE SCHEDULE
Any services not identified above will be subject to the currently adopted hourly charge at the Planning Division's blended hourly rate.

City Hall
221 W. Pine Street
Lodi, CA 95240
www.lodi.gov
The application fees listed above are refundable under the following circumstances:
· After formulation of staff recommendation to Planning Commission and/or City Council, or 90 days, whichever comes first – no refund. · Base deposits are intended to cover a limited number of staff hours. if those hours become exhausted and work is not yet complete, the department will charge, per hour, at the planning department rate.

Staff Requests for information, corrections, or amendments must be submitted within 30-days.

Planning Division
(209)333-6711
Attachment B
RESOLUTION NO. 2023-

A RESOLUTION OF THE LODI CITY COUNCIL APPROVING REVISED FEES AND

CHARGES FOR SERVICES PROVIDED BY THE COMMUNITY DEVELOPMENT DEPARTMENT – PLANNING DIVISION EFFECTIVE SIXTY DAYS FOLLOWING

AUTHORIZATION OF THIS RESOLUTION

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

WHEREAS, the City of Lodi (“City”) is empowered to impose reasonable fees, rates, and charges for municipal services. California Government Code Section 66000 et seq. authorizes the City to adopt fees for municipal services, provided such fees do not exceed the cost to the City for providing the services. The City periodically amends and updates its Master Fee Schedule to account for the various cost increases relating to municipal programs, services and activities; and

WHEREAS, the Council of the City of Lodi has determined that in order to continue providing effective services for the public welfare, the City must establish and increase or decrease fees for certain municipal services which accurately reflect the City’s true cost in providing such services; and

WHEREAS, the Council desires to enact some new fees and increase, decrease, remove, or leave unchanged existing fees for certain services and programs provided by Community Development Department – Planning Division and to include the new, increased, decreased, or unchanged fees in the Master Fee Schedule, as attached to this Resolution as Attachment A and incorporated into it by this reference; and

WHEREAS, the City has conducted an extensive analysis of its Planning services, the costs reasonably borne by the City in providing its services, the beneficiaries of such services, and the revenues produced by those paying fees and charges for such services. The City retained an independent consultant, MGT of America Consulting (“MGT”), to conduct the analysis of the Planning Division’s services and related costs. MGT collected data and interviewed City personnel as part of that analysis. Community Development Department – Planning Division has reviewed the fee schedule and made certain recommendations. MGT completed that certain Fee Study Final Report dated June 2023. The Study is on file with the C ommunity Development Department and is incorporated by this reference. The Study sets for th a mechanism to ensure that fees adopted by the City do not exceed the reasonable estimated cost for providing the services for which the fees are charged; and

WHEREAS, pursuant to Government Code Sections 66014 and 66018, the specific fees to be charged for certain services must be adopted by resolution, following notice and public hearing; and

WHEREAS, the Planning Division has reviewed the fees charged for such services, and with the approval of the City Manager, recommend the adoption of certain fees; and

WHEREAS, based upon all written and oral reports and presentations to Council, including the Agenda Report and the Attachment thereto, the City Council finds and determines that the proposed modifications and additions to the Master Fee Schedule set forth herein are necessary to reimburse the City for the costs of performing the various Planning Division functions, and that these fees do not exceed the proportional cost of the service or benefit attributable to the fee payer.

WHEREAS, based upon industry best practices and the recommendation by MGT, the City shall apply an inflation adjustment to fees annually to keep pace with inflation as part of the City’s annual budget process. Beginning in FY 2024 -25, the Planning Division Fee schedule will be automatically updated annually with regard to the Consumer Price Index on July 1st each year based upon the percentage change in the Consumer Price Index for the Lodi San Francisco Bay area, for all urban consumers, as published by the U.S. Department of Labor (“CPI”) from January of the prior year to January of the current year. This adjustment, however, will occur only if the CPI would cause an increase. If the CPI would cause a decrease, no adjustment shall be made. Updated fees will go into effect July 1, annually.

NOW, THEREFORE, BE IT RESOLVED that City Council of the City of Lodi hereby finds and determines that based upon the data, information, analysis, oral and written documentation presented to this City Council, that the rates, fees, surcharg es, and charges set forth in “Attachment A” are hereby adopted and approved as the rates, fees, surcharges, and charges for the services identified for each such rate, fee, surcharge, and/or charge, effective sixty days following authorization of this resolution.

NOW, THEREFORE, BE IT FURTHER RESOLVED that City Council of the City of Lodi hereby finds and determines that b eginning in FY 2024- 25, the Planning Division Fee schedule shall be automatically updated annually with regard to the Consumer Price Index on July 1st each year based upon the percentage change in the Consumer Price Index for the San Francisco Bay area, for all urban consumers, as published by the U.S. Department of Labor (“CPI”) from January of the prior year to January of the current year. This adjustment, however, will occur only if the CPI would cause an increase. If the CPI would cause a decrease, no adjustment shall be made. Updated fees will go into effect July 1, annually.

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

Olivia Nashed
City Clerk

2023-______
Description Fee Fee Type
Administrative Deviation ….............................. $323 ** Fixed Fee Minor Annexation (5 acres or less) …................ $10,000 * Base Deposit + Hourly Major Annexation (6 acres or more) ….............. $20,000 * Base Deposit + Hourly Appeals: Administrative Determination (Director decisions / Minor Use Permits - goes to Planning Commission) $646 ** Fixed Fee John R. Della Monica, Jr.

COMMUNITY

DEVELOPMENT

DEPARTMENT

PLANNING DIVISION

FEE SCHEDULE
Any services not identified above will be subject to the currently adopted hourly charge at the Planning Division's blended hourly rate.

Staff Requests for information, corrections, or amendments must be submitted within 30-days.

Planning Division
(209)333-6711
Attachment A

AGENDA ITEM H-01

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Title 2 – Administration and Personnel – Chapter 2.12, “City Manager,” by Repealing and Reenacting Section

2.12.060(T) Relating to Contract Authority of the City Manager for Utility Inventory Purchases
MEETING DATE: September 6, 2023
PREPARED BY: Electric Utility Director
Public Works Director
RECOMMENDED ACTION: Introduce an ordinance amending Lodi Municipal Code Title 2 – Administration and Personnel – Chapter 2.12, “City Manager ,” by repealing and reenacting Section 2.12.060(T) relating to contract authority of the City Manager for utility inventory purchases.

BACKGROUND INFORMATION: On October 20, 2021, City Council adopted Ordinance 1986 providing additional purchasing authority for Lodi Electric Utility (LEU) to address supply chain and inflationary cost challenges associated with inventory purchases.

Since that time, LEU has been able to mitigate those challenges by having the ability to act immediately on purchasing quotes without delay. Current industry conditions often present LEU with quotes that are only valid for a day or two which often times lead to quotes expiring and LEU unable to compete with other utilities for critical inventory purchases. By having the ability to react immediately to these quotes, LEU has been able to negotiate inventory item purchases at a much lower cost. In addition, LEU has been able to work with vendors to expedite delivery lead times allowing the utility to maintain the inventory levels required to build out and maintain the City’s electric distribution system. With this purchasing flexibility, vendors are now notifying LEU of upcoming price increases, thereby allowing LEU to place needed orders within a short period of time at a lower cost. Examples of savings realized include transformer and meter purchases last year which saved over $350,000 by having the flexibility to purchase larger quantities immediately.

The purchasing authority approved by Council in 2021 was implemented as a temporary measure and currently expires December 31, 2023. However, due to the financial benefits realized as a result of the additional authority and flexibility granted to LEU coupled with continued challenges in the utility sector as it relates to long lead times and inflationary cost pressures, staff are requesting approval to amend the purchasing ordinance to provide this additional purchasing authority on a permanent basis, as well as extending the authority to purchases made by the Public Works Department (PW).

Introduce Ordinance Amending Lodi Municipal Code Title 2 – Administration and Personnel – Chapter 2.12, “City Manager,” by Repealing and Reenacting Section

2.12.060(T) Relating to Contract Authority of the City Manager for Utility Inventory Purchases September 6, 2023

Page 2 ends

Lodi City CouncilSeptember 6, 2023

Lodi City Council
September 6, 2023