Agenda packet — City Council and Concurrent Authorities, March 22, 2022 (part 4 of 7)

EXHIBIT 1 646

WHAT IS NOT COVERED
 DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered:
— Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle;
— Installation into unapproved applications and installations; — Alterations or modification of the transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term storage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totaled.  CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s).  DAMAGE CAUSED by LACK of MAINTENANCE or by the USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered:
— Failure to follow the recommendations of the maintenance schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transmission fluid levels recommended in the Operator’s Manual.  MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.
 REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.
 USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered.  EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs.  “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury.

OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions.

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.

PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

OTHER TERMS APPLICABLE TO OTHER END-USERS

THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED

ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON

TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY.

QUESTIONS
If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to:

Allison Transmission, Inc.

P.O. Box 894
Indianapolis, IN 46206-0894
Attention: Warranty Administration PF-9
Form SE0616EN (201009)

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EXHIBIT 1 647
Warranty Begins:

The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per
occurrence is available for the first three (3) years.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage
Warranty Period
Ends After:

Fire and Rescue Apparatus
Coverage:

Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage

1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

The date of delivery to the first retail purchaser.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty does not cover repair due to accidents,
misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty.

This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as
recommended. Performance of the required maintenance
and use of proper fluids are the responsibility of the owner.

Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission.

Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization.

Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 3/22/2012 WA0035
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES

ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

EXHIBIT 1 656
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0057

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:

Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-72 months 100%
73-96 months 50%
97-120 months 25%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100%
37-84 months 50%
85-120 months 25%
Corrosion: Dissimilar Metal and Crevice
0-36 months 100%
37-48 months 50%
49-72 months 25%
73-120 months 10%
Corrosion Perforation
0-120 months 100%
This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty.

Items not covered by this warranty include:
(a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual).
(b) UV paint fade.
(c) Any cab not manufactured by Pierce.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Pro-Rated Paint and Corrosion
Custom Body
Ten (10) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

3. BUYER'S EXCLUSIVE REMEDY.

EXHIBIT 1 657
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010 WA0168

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty does not cover damage from lack of
maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and
maintenance manual).

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

One (1) Year Material and Workmanship
Graphics Fading and Deterioration
One (1) Year Warranty Period
Ends After:

The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first. Warranty Begins:

Each graphic lamination shall be free from defects in material, workmanship, fading, and deterioration.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

3. BUYER'S EXCLUSIVE REMEDY.

EXHIBIT 1 658
City of Stockton
Legislation Text
File #: 22-0069, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE NEIGHBORHOOD TRAFFIC MANAGEMENT

PROGRAM

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Notice of Exemption No. NOE58-21 under the California Environmental Quality Act for the Neighborhood Traffic Management Program, Project No. WT16008.

2. Approve the plans and specifications for the Neighborhood Traffic Management Program, Project No. WT16008.

3. Award a Construction Contract in the amount of $138,630 to Robert Burns Construction, Inc. of Stockton, CA, for the Neighborhood Traffic Management Program, Project No. WT16008.

4. Authorize the City Manager to execute two optional one-year extensions to the Construction Contract upon completion of the original term, at an annual cost of $138,630, for a total contract amount of $415,890.

It is recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
The Neighborhood Traffic Management Program provides a process for installation of traffic calming measures to slow traffic on neighborhood streets. The Neighborhood Traffic Management Program, Project No. WT16008, was bid as an annual unit price contract. Award of the contract is based on the bid price for an estimated number of speed humps/cushions/tables, signs, pavement markings, and striping. The contractor is paid for the actual work completed. There are currently four neighborhoods ready for construction.

On December 16, 2021, the City received five bids for the project. Staff recommends award of the Construction Contract to the lowest responsive and responsible bidder, Robert Burns Construction, Inc., in the amount of $138,630, including the option for two one-year contract extensions in the amount of $138,630 annually. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE58-21 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to be completed by summer 2022.

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DISCUSSION
Background
The City Standard Plans and Specifications include guidelines for installation of traffic calming measures that are used in the implementation of the City’s Neighborhood Traffic Management Program also known as the Traffic Calming Program. The Traffic Calming Program divides the City into four quadrants. The program allocates construction funding in the amount of $25,000 per neighborhood for up to 16 neighborhoods per year (four neighborhoods in each quadrant). The program is funded from the maintenance portion of the Measure K half-cent sales tax program.

The program’s goal is to improve safety and the quality of life for neighborhood residents by reducing the impacts from speeding vehicles and, to a lesser extent, cut-through traffic. The program is a community-based program that allows residents to participate in addressing their neighborhood traffic concerns through traffic calming techniques. Upon receipt of their application, neighborhoods are added on a chronological basis to the waiting list for the appropriate City quadrant. The program is very popular and presently has a waiting list of 82 neighborhoods. Based on current funding, neighborhoods applying today could anticipate installation of neighborhood traffic calming devices within seven to eight years.

The traffic calming guidelines approved in 2003 did not include speed humps or other “vertical measures”. However, in 2006, Council approved revised Traffic Calming Guidelines to include speed humps and other vertical measures. In 2008, Council approved new processes designed to expedite the time it takes neighborhoods to go through the process (see Attachment A - Revised Traffic Calming Process). As a result of these changes, neighborhoods have the option to choose to participate in either the expedited “Speed Hump Program” or the “Full Program”.

Neighborhoods selecting the expedited “Speed Hump Program” choose from a limited range of traffic calming measures, including speed humps, speed cushions, speed tables, signs, pavement markings, and lane striping. Analysis and design of these measures is relatively straightforward, and it typically takes three months for neighborhoods selecting this program to progress from their kick-off meeting to completion of a ballot process, which determines support for their proposed traffic calming project.

Neighborhoods choosing the “Full Program” choose from the full range of traffic calming measures, such as speed humps, traffic circles, pedestrian islands, diversions, and road closures. Due to the complexity and impact of many of these measures, the Full Program takes more time to develop and must go through a project-specific design and bid process. If the proposed traffic calming plan includes measures that divert traffic, such as a road closure, a public hearing is also required.

Both programs require extensive staff resources to administer the program process and funding.

Prior to the initial neighborhood meeting, staff reviews collision reports, field conditions, conducts speed studies, sends invite letters after arranging for a meeting place, and prepares the presentation and handout material.

Whether the neighborhood chooses the Speed Hump or Full Program, staff must meet a minimum of two times with the local residents who volunteer to be on the Traffic Calming Committee. Staff works City of Stockton Page 2 of 4 Printed on 3/16/2022
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with these residents to develop the traffic calming plan for their neighborhood. This plan must be field verified by staff and approved by residents living closest to the proposed devices with the assistance of the Traffic Calming Committee before the entire neighborhood can vote on the plan. Staff prepares the ballots, mails the packages to residents, followed by a one-month period in which votes are accepted. Approval of the traffic calming plan is by simple majority with votes accepted from citizens residing on the property (owner or tenant). Staff identifies and marks the locations for the measures and warning signs. Work orders are prepared for the contractor and Public Works’ staff as appropriate. During the construction process, staff is available in the field to review the contractor’s work, and to address concerns that may arise.

A total of four neighborhoods are included for construction in 2022. Due to COVID, continuance of inperson public meetings was not allowed; therefore, a number of neighborhoods could not be incorporated into the Neighborhood Traffic Management Program to work towards our annual delivery of 16 neighborhoods per year. The City is working with these neighborhoods to provide virtual public meetings to keep the program going for the 2022 Neighborhood Traffic Management Program. Locations of the neighborhoods to be constructed are shown on Attachment B. With completion of these four neighborhoods, a total of 176 neighborhood applications for traffic calming will have been processed since the program began.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project because the engineer’s estimate was under $1 million.

Present Situation
The Neighborhood Traffic Management Program, Project No. WT16008, will install approximately 15 traffic calming measures in each of the four neighborhoods consisting of speed humps/cushions/tables and striping. The contractor will also install accompanying warning signs and pavement markings. Signs are fabricated by City staff and installed by the contractor. The pavement markings are installed using preformed thermoplastic materials that are “heated” in place. The City purchases the materials using California Department of Transportation standards and approved vendors, and provides the materials to the contractor for installation. The contractor will only be paid for actual work completed at the unit prices contained in the bid.

On November 17, 2021, the Neighborhood Traffic Management Program, Project No. WT16008, was advertised for bids. On December 16, 2021, five bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Robert Burns Construction, Inc. $138,630.00 $135,857.40 (Stockton, CA)
Consolidated Engineering $199,683.00 $199,683.00
(Valley Springs, CA)
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Dirt Dynasty $217,830.00 $217,830.00
(Farmington, CA)
Tom Mayo Construction $234,670.00 $229,976.60
(Stockton, CA)
Ray’s Electric, Inc. $270,646.00 $270,646.00
(Oakland, CA)
Engineer’s Estimate $140,928.98
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Robert Burns Construction, Inc. and Tom Mayo Construction are located within San Joaquin County outside of the City boundaries and are entitled to a two percent bid preference.

There is no change in the outcome of the award after applying the Local Business Preference. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from Robert Burns Construction, Inc., the lowest responsive and responsible bidder, is regular in all respects. Robert Burns Construction, Inc. has the proper license to perform the work.

The bid is approximately 1.6 percent lower than the Engineer’s Estimate. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Robert Burns Construction, Inc. of Stockton, CA, in the amount of $138,630, including the option of two oneyear extensions in the amount of $138,630 annually, for a total contract amount of $415,890.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE58-21 under CEQA.

Construction is anticipated to be completed by summer 2022.

FINANCIAL SUMMARY
There are sufficient funds available in the Neighborhood Traffic Management Program, Project No.

WT16008, Account No. 4570-714-800007-250-252-30-45-000-000, to award a Construction Contract to Robert Burns Construction, Inc. in the amount of $138,630. Funding for the two optional one-year contract extensions in the amount of $138,630 annually, will be contingent on future annual budget appropriations.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Revised Traffic Calming Process
Attachment B - Listing of Neighborhoods and Neighborhood Maps City of Stockton Page 4 of 4 Printed on 3/16/2022
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ATTACHMENT A 663
City of Stockton, CA
2021 Neighb orhoodTraffi c Manage ment Progra m Locati ons

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 12/06/2021
Data updated 12/02/2021
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 750 ft
THE VILLAGES 2

BROOKSIDE TRACT - MANCHESTER
FREMONT VILLAS 2

GOLF COURSE
TERRACE, UNIT 5
LEGEND:

Approximate
Program Location
(see following pages for
detailed locations)

ATTACHMENT B
2021 Neighborhood Traffic Management Program Locations
664
BROOKSIDE TRACT- MANCHESTER NTMP AREA BOUNDARz

ATTACHMENT B

BROOKSIDE TRACT - MANCHESTER

NTMP AREA BOUNDARY
665
GOLF COURSE TERRACE͕ UNIT 5 NTMP AREA BOUNDARz

ATTACHMENT B
GOLF COURSE TERRACE, UNIT 5

NTMP AREA BOUNDARY
666
FREMONT VILLAS 2 NTMP AREA BOUNDARz

ATTACHMENT B
FREMONT VILLAS 2

NTMP AREA BOUNDARY
667
THE VILLAGES 2 NTMP AREA BOUNDARz

ATTACHMENT B
THE VILLAGES 2

NTMP AREA BOUNDARY
668
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE58-21,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM, PROJECT NO. WT16008
On December 16, 2021, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Neighborhood Traffic Management Program, Project No. WT16008; and
The project will install approximately 15 traffic calming measures in each of the four neighborhoods consisting of speed humps/cushions/tables, striping, warning signs, and pavement markings; and
Robert Burns Construction, Inc. is the lowest responsive and responsible bidder in the amount of $138,630, and its bid is regular in all respects; and The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council approves the filing of Notice of Exemption No. NOE58-21 under CEQA for the Neighborhood Traffic Management Program, Project No. WT16008, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Neighborhood Traffic Management Program, Project No. WT16008.

3. The City Council awards a Construction Contract between the City of Stockton and Robert Burns Construction, Inc., in the amount of $138,630, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

4. The City Council authorizes the City Manager to execute two optional oneyear extensions to the Construction Contract upon completion of the original term, at an annual cost of $138,630, for a total contract amount of $415,890. 669

5. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED March 22, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
670
671
Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WT16008 (Updated 12/31/20)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between ROBERT BURNS CONSTRUCTION, INC., a STATE OF CA CORPORATION, with a business address at 2501 WIGWAM DRIVE, STOCKTON, CA 95205, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (PROJECT NO. WT16008), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________ . The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $138,630.00, or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27, effective September 27, 2016.

EXHIBIT 2 Page 1 of 31 672
Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WT16008 (Updated 12/31/20)
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or selfinsurance shall be called upon to protect it as a named insured.

All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.

CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.

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Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WT16008 (Updated 12/31/20)
and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s sole cost and expense, and hold harmless City, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors.

Contractor shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Contractor to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Contractor under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by Contractor to a greater extent than permitted under the public policy of the State of California, the parties agree that Contractor’s duty to defend City is immediate and arises upon the filing of any claim against the City for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors. Contractor’s duties and obligations to defend the City shall apply regardless of whether or not the issue of the City’s liability, breach of this Agreement, or other obligation or fault has been determined.

Contractor shall be immediately obligated to pay for City’s defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal.

At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the City, City will then reimburse Contractor for amounts paid in excess of Contractor’s proportionate share of responsibility for the damages within 30 days after Contractor provides City with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the

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Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WT16008 (Updated 12/31/20)
parties that this reimbursement provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, Contractor shall indemnify, defend, and hold harmless City, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against all claims, losses, expenses, and costs including, but not limited to, attorneys’ fees, arising out of any claim brought against the City by an employee, office, agent, or volunteer of Contractor, regardless of whether such claim may be covered by any applicable workers compensation insurance. Contractor’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers’ compensation acts, disability acts, or other employee benefit acts.

The City’s acceptance of the insurance certificates required under this Agreement does not relieve the CONTRACTOR from its obligation under this paragraph. The indemnification obligations of this section shall survive the termination of this agreement.

Any exceptions to this language may result in a proposal being deemed non-responsive.

CONTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.

5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.

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Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WT16008 (Updated 12/31/20)

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 21 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of TWO THOUSAND NINE HUNDRED AND NO/100 DOLLARS ($2,900) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

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Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WT16008 (Updated 12/31/20)

7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs

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Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WT16008 (Updated 12/31/20)
authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

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Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WT16008 (Updated 12/31/20)
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.

CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.

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Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WT16008 (Updated 12/31/20)

Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.

Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

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

12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
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EXHIBIT 2 681
EXHIBIT A Page 11 of 31 EXHIBIT 2 682
The City of Stockton is now using www.PINSAdvantage.com to track Insurance Certificates and all related documents.

The PINS system starts with The City of Stockton. A Stockton User logs into PINS and emails a request for proof of insurance to the Vendor/Contractor. The Vendor/Contractor forwards the request email to their Insurance Agent(s). The Insurance Agent(s) logs into www.PINSAdvantage.com and completes the insurance certificate online.
www.pinsadvantage.com
+ 1 626 844 1838
WHAT IS THE PROCESS?
Note: Vendors will receive the insurance request email from: [email protected] Thank you for your compliance!
01 02
03 04
The Vendor/
Contractor forwards
the email to their
insurance agent(s).

PINS notifies
The City of Stockton
that documents have
been submitted and
automatically checks
for compliance.

Agent(s) log into
PINSAdvantage.com
and complete
the insurance
certificate online
A Stockton User
logs into PINS and
emails a request for
insurance to the
Vendor/Contractor
EXHIBIT B Page 12 of 31 EXHIBIT 2 683
NOTE: The City of Stockton 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). Please see attached flyer regarding PINS Advantage.

Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, 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 by the Contractor, their agents, representatives, employees, or subcontractors. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City, at its sole discretion, may purchase the coverage required and the cost will be paid by the contractor.

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) 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.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Surety Bonds as described below.

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

EXHIBIT B

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Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL 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). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or selfinsurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Claims Made Policies – (Note – applicable only to professional and/or pollution liability)
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

EXHIBIT B

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2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract 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, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton 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 Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Contractor to purchase coverage with a lower retention or 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 of Stockton.

Acceptability of Insurers

EXHIBIT B

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Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Verification of Coverage
Contractor shall furnish the City of Stockton with 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 of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Contractor shall include the following language in their agreement with Subcontractors: Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request. Contractor shall provide proof of such compliance and verification to the City upon request.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

EXHIBIT B

Page 16 of 31 ends

3. Payment bond (or Labor and Material bond)

4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to one hundred percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202

EXHIBIT B

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1 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, ROBERT BURNS Construction, Inc., a STATE OF CA CORPORATION, as Principal and _____________________, corporation, organized and existing under the laws of the State of _______ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of

ONE HUNDRED THIRTY EIGHT THOUSAND SIX HUNDRED THIRTY DOLLARS AND NO/100 DOLLARS ($138,630.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:

NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM
(PROJECT NO. WT16008)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on EXHIBIT 2 703
2 this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

JOHN M. LUEBBERKE

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 704
3 BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, Robert Burns Construction, Inc., a STATE OF CA CORPORATION, as Principal and _________, a corporation,
organized and existing under the laws of the State of _____ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of ONE HUNDRED THIRTY EIGHT THOUSAND SIX HUNDRED THIRTY DOLLARS AND NO/100 DOLLARS ($138,630.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:

NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM
(PROJECT NO. WT16008)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

EXHIBIT 2 705
4 SIGNED AND SEALED on
APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

JOHN M. LUEBBERKE

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 706
City of Stockton
Legislation Text
File #: 22-0139, Version: 1

APPROVE MOTION TO AWARD A SERVICE CONTRACT FOR THE POOL AND WATER FILTER

SYSTEM MAINTENANCE PROJECT

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Award a multi-year Service Contract through December 31, 2026, not to exceed the amount of $830,683, to All Seasons Pool Service of Lodi, California, for Pool and Water Filter System Maintenance, Project No. OM-22-016.

2. Authorize the City Manager to execute up to two optional one-year extensions to the original term of the Service Contract, in the amounts of $184,179 and $189,012, for a total not to exceed amount of $1,203,874.

3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.

Summary
The City is responsible for maintenance of the swimming pools located in Brooking, Holiday, Oak, and Sousa Parks (Attachment A).

On November 11, 2021, the City advertised a Request for Proposals (RFP) for the Pool and Water Filter System Maintenance, Project No. OM-22-016. Two firms submitted proposals for this project.

The Selection Committee evaluated the proposals and found All Seasons Pool Service of Lodi, California, to be the most qualified and highest ranked firm.

It is recommended that Council approve a motion authorizing the City Manager to execute a multiyear Service Contract in the not to exceed amount of $830,683 with All Seasons Pool Service (Attachment A). The initial contract will expire on December 31, 2026, with the option for two additional one-year extensions by mutual agreement. With the extensions, the total contract amount is $1,203,874. The Service Contract will be funded from the Community Services Department’s operations budget.

DISCUSSION
Background
The City owns seven pools located at Brooking, Holiday, Oak, Sousa, McKinley, Victory and City of Stockton Page 1 of 4 Printed on 3/16/2022
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Sherwood Parks, in addition to the water feature at the Weber Point Events Center.

The City operates and maintains the pools at Oak, Sousa, Brooking and Holiday Parks, plus the Weber Point Events Center fountain. The pools at McKinley and Victory Parks are under the City’s purview but continue to be closed due to age and vandalism. Design renovations are currently underway for both the McKinley and Victory Park pool sites.

The pool at Sherwood Park has been operated and maintained by a homeowner’s association (HOA) since it was constructed.

On February 5, 2019, the City executed a Service Contract with USA Pools of California/USA Management, LLC as authorized by Council Resolution No. 2019-02-05-1116. The Service Contract, in the amount of $342,900, was for pool water and filter system maintenance for a three-year term, which began January 1, 2019. The contract expired on December 31, 2021, with the option of four one-year extensions. Public Works’ staff did not recommend renewing the current contract with USA Pools of California/USA Management, LLC.

Present Situation
On September 14, 2021, the City advertised a RFP for Pool and Water Filter System Maintenance.

One proposal was received and did not meet the minimum requirements.

On November 11, 2021, the City re-advertised the RFP for the Pool and Water Filter System Maintenance, Project No. OM-22-016. On November 24, 2021, two proposals were received from the following:
· All Seasons Pool Service (Lodi)
· USA Pools of California/USA Management, LLC (San Francisco) A Selection Committee comprised of Community Services and Public Works Departments staff evaluated and ranked both proposals based on each firm’s experience, quality of work, qualifications of staff, ability to meet the City’s required response times, cost and local preference.

All Seasons Pool Service received the highest ranking based on the noted criteria and was determined to be the most qualified firm for this project. All Seasons Pool Service’s proposal is responsive and regular in all respects. All Seasons Pool Service has the proper licenses to perform the work.

Staff recommends that Council approve a motion to award a multi-year Service Contract, not to exceed the amount of $830,683, to All Seasons Pool Service for the Pool and Water Filter System Maintenance project (Attachment B). The initial contract will expire on December 31, 2026, with the option for two additional one-year extensions by mutual agreement.

The contract requires the vendor to provide certified personnel to perform routine daily water quality maintenance and to respond to emergency calls during the swim season. To protect the public and to comply with County regulations, the contract provides year-round service to maintain water quality.

The contractor is also required to provide general and mechanical system maintenance. In addition, the contractor is required to be on call and respond within 30 minutes, seven days per week in the City of Stockton Page 2 of 4 Printed on 3/16/2022
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event of contamination.

For the 2022 summer season, an aquatics operator has been secured at Brooking, Holiday, Oak, and Sousa Parks by the Community Services Department. The pools are scheduled to open on May 28, 2022.

Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

1. Pool and water filter maintenance service requires certified and licensed personnel to perform routine daily water quality maintenance and to respond to emergency calls during the swim season requiring an experienced, qualified contractor who has successfully provided services of similar frequency and scope.

2. The City does not have the specialized equipment or sufficient number of qualified staff available to perform the work required of this project.

3. Use of the RFP process is appropriate for this Service Contract because, in addition to cost, it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide professional, responsive, and timely service, which is in the public interest.

FINANCIAL SUMMARY
The Service Contract with All Seasons Pool Service for the Pool and Water Filter System Maintenance, Project No. OM-22-016, will be funded from the FY 2021-22 Community Services Department’s Recreation operations budget Account No. 5025-000-630012-210-50-50-000-000.

Sufficient funding is available for the remainder of FY 2021-22 and future funding will be allocated during the annual budget process.

The contract will be funded at the set annual fees listed below and in accordance with the project terms:

Multi-Year Contract Term Annual Cost
April through December 31, 2022 $139,290
January 1, 2023 through December 31, 2023 $166,302
January 1, 2024 through December 31, 2024 $170,576
January 1, 2025 through December 31, 2025 $174,996
January 1, 2026 through December 31, 2026 $179,519
Multi-Year Contract Term Subtotal $830,683
Optional Two One-Year Extensions Annual Cost
January 1, 2027 through December 31, 2027 $184,179
January 1, 2028 through December 31, 2028 $189,012
Optional Two One-Year Extensions Subtotal $373,191
Contract with Optional Extensions TOTAL $1,203,874
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There is no additional impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Vicinity Map
Attachment B - Service Contract with All Seasons Pool Service City of Stockton Page 4 of 4 Printed on 3/16/2022
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City of Stockton, CA February 23, 2022
OM-22- 016 Vicini ty Map of City Mainta ined Pools

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 02/03/2022
Data updated 02/04/2022
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 6193.741902261739 ft

ATTACHMENT A
Holiday Park Pool
Sousa Park Pool
Oak Park Pool
Brooking Park Pool
711
Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)

CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2022, between the CITY OF STOCKTON, a municipal corporation (“CITY), and ALL SEASONS POOL SERVICE a STATE OF CALIFORNIA SOLE PROPRIETORSHIP, with a business address at P.0. BOX 1624, LODI, CALIFORNIA, 95241, hereinafter called "CONTRACTOR.," THIS CONTRACT is for the POOL AND WATER FILTER SYSTEM MAINTENANCE (PROJECT NO. OM-22-016), hereinafter referred to as “SERVICE”.

RECITALS
A. CONTRACTOR represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. CONTRACTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.

C. CONTRACTOR represents that it will pay all required prevailing wages under California Labor Code for all services provided that have a wage determination.

D. CITY finds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications). CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.

2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference.

CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work. Total compensation for services and ATTACHMENT B Page 1 of 57 712
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reimbursement for costs shall not exceed $830,683.00 or as otherwise mutually agreed to in a Contract Change Order.

Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
a. Invoices submitted by CONTRACTOR to CITY must contain a brief description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon completion of work and acceptance by CITY, CONTRACTOR shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by CITY upon receiving a written request thirty (30) days in advance of said time limitation. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.

3. INSURANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference and shall otherwise comply with the other provisions of Exhibit C. Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit C, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

ATTACHMENT B

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policy or proceeds available to the named Insured; whichever is greater.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONTRACTOR.

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. CONTRACTOR further agrees to include these same provisions with any subcontractor regardless of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, CONTRACTOR shall indemnify, protect, defend with counsel approved by CITY and at CONTRACTOR’S ATTACHMENT B Page 3 of 57 714
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sole cost and expense, and hold harmless CITY, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of CONTRACTOR to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by CONTRACTOR under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, the parties agree that CONTRACTOR’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors.

CONTRACTOR’S duties and obligations to defend the CITY shall apply regardless of whether or not the issue of the CITYS liability, breach of this Agreement, or other obligation or fault has been determined. CONTRACTOR shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse CONTRACTOR for amounts paid in excess of CONTRACTOR’S proportionate share of responsibility for the damages within 30 days after CONTRACTOR provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures CONTRACTOR is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, CONTRACTOR shall indemnify, defend, and hold harmless CITY, its Mayor, ATTACHMENT B Page 4 of 57 715
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Council, officials, representatives, agents employees and volunteers from and against all claims, losses, expenses, and costs including, but not limited to attorneys’ fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of CONTRACTOR, regardless of whether such claim may be covered by any applicable workers compensation insurance. CONTRACTOR’S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR under workers’ compensation acts, disability acts, or other employee benefit acts.

CONTRACTOR’S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Contract for CONTRACTOR to procure and maintain a policy of insurance.

CONTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.

If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.

5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on DECEMBER 31, 2026, unless extended by mutual agreement through the issuance of a Contract Change Order. This contract provides for two (2), one (1) year extensions at the same rates and terms as outlined in Exhibit A and Exhibit B.

6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. //
//
ATTACHMENT B Page 5 of 57 716
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b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit D). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done.

CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, ATTACHMENT B Page 6 of 57 717
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superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.

7. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right ATTACHMENT B Page 7 of 57 718
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to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Project Manager to be necessary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.

8. RIGHTS AND DUTIES OF CITY. CITY shall make available to CONTRACTOR all data and information in the possession of CITY which both parties deem necessary to complete the work, and CITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.

9. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONTRACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of CITY or third parties as necessary on all matters connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

10. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.

11. CONTRACTOR STATUS. In performing the obligations set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the City for any purpose.

All persons working for or under the direction of CONTRACTOR are its agents and employees, and are not agents of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The ATTACHMENT B Page 8 of 57 719
Pool and Water Filter System Maintenance, OM-22-016
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CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR.
i. It is further understood and agreed that CONTRACTOR must issue W2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employeremployee relationship exists by reason of this Contract.

12. ASSIGNMENT. CONTRACTOR shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the CITY, and then only upon such terms and conditions as CITY may set forth in writing.

CONTRACTOR shall be solely responsible for reimbursing subcontractors.

13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To CONTRACTOR: All Seasons To City: Public Works Director Pool Service City of Stockton
P.O. Box 1624 22 E. Weber Ave., Rm. 301
Lodi, CA 95241 Stockton, CA 95202

15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the CITY’S execution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. CONTRACTOR covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

16. RECORDS AND AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

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CONTRACTOR agrees that CITY or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. 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 purposes of determining compliance with this Contract.

CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.

17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.

18. CONFLICTS OF INTEREST. CONTRACTOR covenants that other than this Contract, CONTRACTOR has no financial interest with any official, employee, or other representative of the CITY. CONTRACTOR and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of CONTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.

19. WAIVER. In the event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

21. DISPUTE RESOLUTION. Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.

1. Venue
Any controversy or claim between the Parties shall be determined with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

2. If any litigation action or proceeding is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for inATTACHMENT B Page 10 of 57 721 Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
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house legal services), costs and necessary disbursements incurred in such action or proceeding.

22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.

23. INTEGRATION AND MODIFICATION. The response by CONTRACTOR to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with the CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals or Qualifications. This Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. //
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26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.

IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON
By: ___________ _

HARRY BLACK

CITY MANAGER
ATTEST:

By: ____________ _
ELIZA R. GARZA, CMC

CITY CLERK
APPROVED AS TO FORM:

By: ____________ _

DEPUTY CITY ATTORNEY

ALL SEASONS POOL SERVICE
)lf lhzk. Slfr ccec/
• Print Name /
Title: O(.Jyt.e...r
Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)
ATTACHMENT B Page 12 of 57 723

PUBLIC WORKS DEPARTMENT

REQUEST FOR PROPOSALS
FOR

POOL AND WATER FILTER SYSTEM

MAINTENANCE
PROJECT: OM 22-016
Issued by:

City of Stockton
Public Works Department
Parks Division
1465 S. Lincoln St
Stockton, CA 95206
Date Issued: November 11, 2021
Date Proposals Due: November 24, 2021 by 3:00 PM

LATE SUBMITTALS WILL NOT BE ACCEPTED

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2 1.0 INTRODUCTION
The City of Stockton Public Works Department is requesting proposals for pool water and filter system maintenance. Qualified firms wishing to respond to OM-22-016 Pool Water and Filter System Maintenance must provide all equipment and materials described in this document. The City of Stockton is requesting proposals from qualified licensed Pool Water and Filter System Maintenance Contractors to provide commercial pool maintenance services. Upon approval of the contract, work shall be executed beginning on April 1, 2022 and run through December 31, 2026 subject to funding availability and City Council approval. After the initial four (4) year, nine (9) month contract term, there is the possibility for up to two (2) additional one-year terms via extension request by the Contractor and agreement by the City.

Definitions:

Contract Administrator = City representative assigned as primary day-to-day contact for Contractor.

Project Manager = Contractor representative assigned as primary day-to-day contact for City and person in charge of executing the ongoing work activities identified in the project scope of services.

Quality Control Manager = Contractor representative in charge of monitoring performance of Project Manager.

Regulations = California Health and Safety Code and the California Code of Regulations.

2.0 BACKGROUND
The City of Stockton is seeking a qualified licensed Pool Water and Filter System Maintenance Contractor to provide commercial pool services including but not limited to: all needed chemicals, service the water filter equipment, chemical injection equipment, and be able to provide repairs to the filter and chemical injection equipment for public pools at Brooking Park Pool, Oak Park Pool, Holiday Park Pool and Sousa Park Pool; referred hereafter as "pools".

3.0 PROJECT DESCRIPTION
Service work will include, Start Up Service, Daily Maintenance Service, Shut Down Service, Off Season Service, and Supplemental Service. Contractor shall provide a separate cost proposal as described in Section 6, Item 6.7 Cost Proposal, and two (2) references. Refer to Section 6.0 for further clarification regarding the proposal requirements.

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3 4.0 SCOPE OF WORK

4.1 Background Research
Swimming pool maintenance includes the activities necessary to properly maintain swimming pools. Activities include but are not limited to checking overall appearance, pool levels, chlorine residual, vacuum pumps, hair traps, pressure and vacuum gages, rate of flow indicators, filters storage tanks and air systems, showers, etc.

The activities described in the Scope of Work are expected to provide the level of maintenance desired. However, the contractor will be responsible for ensuring that the overall maintenance of the pools are kept to the highest quality to include all necessary materials and equipment. As a maintenance professional, the contractor will be expected to understand the necessary requirements and preventative maintenance activities necessary to keep the pools clean, aesthetically pleasing, in good mechanical working order, and compliant with San Joaquin County Health Department Regulations. Any service or activity required to do so shall be incorporated by reference herein and shall be the responsibility of the contractor.

Any damages incurred to the pools due to the contractor’s negligence will be his/her responsibility. Any additional work or repair required must be authorized by the Public Works Director prior to commencing the work or repair.

The pool technician must be a Certified Pool Operator (CPO) with current certification, licenses and permits and the like required to perform the services under this Contract.

In advance of submitting a proposal, the Contractor shall visit each site as necessary to familiarize himself/herself with all aspects of the project and existing site conditions.

4.2 Description of Work, and Schedule
The contractor shall maintain all records and logs required by these Special Provisions, the California Health and Safety Code and the California Code of Regulations. All updated logs shall be provided to the Contract Administrator with each pay application request. The contractor shall provide all labor, materials, chemicals, tools, supplies including all chemicals and testing materials, equipment, and transportation necessary to provide services described in these special provisions.

The City will also be contracting with Operator(s) for the pools who will schedule various programs at the pools. Contractor must coordinate Contractor’s maintenance tasks with the Operator’s operating schedule and be available to the City and the Operator at all times while the pools are open to the public. See

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4 Supplemental Services section.

4.2.1 Hours and Days of Work
Contractor must have all pools ready a minimum of one (1) hour prior to that day’s scheduled opening. The City reserves the authority to direct the Contractor to amend the working schedule if conflicts are apparent. If scheduling problems develop, the City and Contractor will review and change the schedule as necessary. If adjustments to the schedule are necessary, they will be negotiated with the Contractor and the adjustments confirmed in writing as mutually agreed.

4.2.2 Pool Maintenance/Water Quality Services
For the following services, the contractor shall keep logs of all maintenance operations and chemical usage in accordance with applicable regulations. Such records shall be subject to approval by the City Contractor Administrator or representative. Hardcopy logs and maintenance records shall be kept at each site for City inspection. A copy (.pdf or .jpg, are acceptable) of these logs shall be emailed to the Contract Administrator with each month’s invoice for services.

A. Water Quality
Contractor shall maintain pool water quality and chemistry in accordance with the most current versions of the Regulations and the Public Pool Standards. At no time shall the water chemistry cause a failure of permission to operate the pool as granted by the regulatory agency.

Expected Free Chlorine (FC) count is 5.0 ppm (between 3.0 and 10.0 ppm is acceptable). Any reading less than 3.0, or above 10.0, is unacceptable and will constitute an Emergency Call-Out at no charge to the City. Combined Chlorine (CC) count at .04 ppm or less, 0.0 ppm is preferred. The City's desired level of pH (potential of hydrogen) is 7.4.

In the event permission to operate is revoked due to poor water quality/chemistry caused by Contractor's actions, Contractor's invoice for the month will be reduced by 1/30 of the Monthly Maintenance Service cost for each day the pool cannot be opened/operated during that service month. See also Section 3.4 Liquidated Damages, which will apply.

4.2.3 Specifications
Contractor will not be allowed to commence work until a work schedule has been submitted and approved. Contractor shall provide a schedule of days and times that maintenance services will be performed at each pool. Contractor shall provide said schedule within fifteen (15) calendar days of contract award.

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5 The City reserves the authority to direct the Contractor to amend the working hour schedule if conflicts are apparent. If scheduling problems develop, the City and Contractor will review and change the schedule as necessary.

A. Start Up Service
Contractor shall have Start Up service complete and pools ready for full operation by May 20th each year of the contract. Start Up service shall consist of the following tasks:

Contractor shall meet with Contract Administrator on or around March 1 each year of the contract. At such time, Contractor shall inspect each pool, filter system, and chemical injection system. By March 15, Contractor shall submit to Contract Administrator a list of all items necessary to get each pool ready for full operation by May 20.

1. Drain pool (unless directed otherwise by Contract Administrator).

2. Acid wash interior pool surfaces. Inspect pool surface and notify Contract Administrator and any areas requiring repair. Contact Contract Administrator upon completion of acid washing.

3. Scrub water line tiles. Upon completion tiles should be clean and smooth with no evidence of dirt, scum, mineral deposits or chemical deposits.

4. Clean and service chemical injection system. This shall include cleaning/flushing all feed and supply lines that deliver chemicals to the pool water.

5. Clean and service filter system.

6. Fill pool to proper level. Contact Contract Administrator for authorization/approval prior to commencing filling pool.

7. Adjust and maintain chemical levels in conformance with the Regulations and the Public Pool Standards for anticipated opening.

8. Place filtration and chemical injection systems into automatic operation and check/monitor for proper operation.

9. Provide and install all regulatory signage during 3rd week of May prior to season opening each year.

10. Check pool, clean out skimmer/strainer baskets, test water and adjust chemicals as necessary and at least two (2) times a week with at least two (2) days between each service until Daily Maintenance commences.

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6 11. Once each week, Brush/scrub pool walls, floor and steps to remove dirt and algae. Upon completion, there shall not be any dirt and/or algae and on any surfaces.

12. Vacuum pool at least two (2) times a week
B. Daily Maintenance Service
Daily Maintenance Service tasks start the Friday immediately prior to Memorial Day each year and shall consist of the following tasks:

1. Test water chemistry prior to Operator arriving and opening the pool for public use:

Water chemistry shall be tested at least twice a day. Balance chemicals as needed to comply with all government rules and regulations.

2. Empty and clean all skimmer baskets as often as necessary but no less than once each day

3. Vacuum pool a minimum of three (3) times a week or more often if needed to keep pools clean.

4. Skim water surface with a net as often as necessary but no less than once each day to remove all floating material.

5. At least once each week or more often if needed, scrub water line tiles. Upon completion tiles should be clean and smooth with no evidence of dirt, scum, mineral deposits or chemical deposits.

6. Check pump, strainers and filters daily, and clean if necessary.

7. Check and record filter pressure gauge readings and flow meter reading daily and take corrective measures as indicated.

8. Maintain all pool filtration equipment in proper working order. This includes regular back-washing and/or cleaning pump strainer/filter as required.

9. Maintain chlorination systems and/or chemical feed/injection systems by cleaning and adjusting as required.

10. Daily make sure pump room and chemical storage areas are clean.

11. At least once per week, wipe down all pool mechanical equipment.

12. Maintain required records in accordance with the Regulations and Public Pool Standards.

13. Project Manager shall confer with Contract Administrator at least once (1) each week to discuss progress of work.

14. Secure/lock building/s, gates, pool site/s, and set alarm upon leaving.

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7 15. Quality Control Manager
will inspect the pool at least twice each week during the "Daily Maintenance" season on an unannounced basis. Contractor shall submit reports of the inspections with their monthly invoice.

C. Shut Down Service
The contractor will perform the following "Shut Down Service" starting the day after Labor Day each year and service shall be completed within five (5) working days.

The pools shall be considered closed as of the day following Labor Day

1. Empty and clean all skimmer baskets

2. Skim water surface with net to remove all floating material.

3. Scrub water line tiles. Upon completion tiles should be clean and smooth with no evidence of dirt, scum, mineral deposits or chemical deposits

4. Brush/scrub pool walls, floor and steps to remove dirt and algae.

Upon completion, there shall not be any dirt and/or algae and on any surfaces

5. Vacuum pool to remove all debris.

6. Clean pump, strainers and filters.

7. Check and record filter pressure gauge readings and flow meter readings.

8. Make sure all pool filtration equipment is in working order. Prepare report of any inoperable equipment and submit to City.

9. Clean and secure pump room and chemical storage areas. Remove all chemicals from sites.

10. Back-washing and clean pump strainer/filter.

11. Add winterization chemicals to pool to retard algae growth.

12. Upon Completion of Shut Down Service tasks, request walk through inspection with Contract Administrator. Inspection shall be completed prior to September 30.

Upon completion of Shut Down Service, contractor shall service pools according to "Off Season Service Tasks" through the last day of September.

Contractor shall commence "Off Season Service" on October 1.

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8 D. Off Season Service Tasks
Contractor shall, by November 30 each year, provide a written report listing any service/s, repair/s, and/or equipment which may be necessary to render each pool, filter system and any other appurtenant systems reliably operational for the following open season. The contractor shall provide a cost estimate for any necessary repairs or services that are not already a part of the scope of this work. Should City elect to have contractor perform the repairs, a change order will be issued and the contractor is expected to have all repairs completed prior to April 1 and pool openings for the following season.

Contractor shall maintain the pool water clarity and chemically balanced in accordance with the Regulations and Public Pool Standards.

Contractor shall perform the following tasks three (3) times each week:

1. Empty all filters and skimmers

2. Backwash filters as often as necessary to maintain at least 70% of normal flow rate.

3. Skim water surface to remove floating matter

4. Vacuum entire pool to remove all debris that has accumulated in pool.

5. Brush/scrub pool walls, floor and steps to remove dirt and algae.

Upon completion, there shall not be any dirt and/or algae and on any surfaces.

6. Adjust/add chemicals as necessary to comply with the Public Pool Standards and the Regulations.

7. Verify timer is operating properly and pool circulation system runs for at least 6 hours per day.

8. Add water as necessary to bring to proper level.

9. Contractor shall check pool after each rain storm. Contractor shall remove all debris that has fallen into pool and shall adjust water chemistry to insure it is in conformance with the California Health and Safety Code and California Code of Regulations.

10. Prepare report of tasks performed and chemicals used at each visit.

11. Report any areas needing additional attention or circumstances requiring City's attention. Submit weekly reports on the condition of the pools to the Contract Administrator. The report shall also contain a picture of each pool showing the condition of the water.

12. Check the entire site including all building/s and fences for vandalism.

Report any vandalism to City Contract Administrator.

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9 13. Secure/lock building/s, gates, and pool site/s upon leaving.

E. Supplemental Services
Contractor shall provide a Supplemental Services Cost schedule for the following Supplementary Services. Some, none, or all of these services may be needed at any time during the contract period.

E.1 Contamination Event (response time same as defined in Section F) In the event of Fecal, Vomit, and/or Blood contamination, depending on the level of contamination, Contractor shall perform the following disinfection procedures:
1 After a fecal, vomit, or blood contamination incident, the Operator will close the pool/sand contact the Contractor. If the public pool is one of multiple pools that use the same filtration system, then all interconnected pools will be closed to pool users. No one shall be allowed to enter the public pool(s) until the disinfection procedures have been completed.

2. The Operator will record the number of occupants in the pool, the type of contaminating material, the time of occurrence, and the time of day the pool was closed and provide this information to the Contractor.

3. Contractor shall remove contaminating material and discharge the contaminating material directly to the sanitary sewer. The Contractor shall clean and disinfect the item used to remove the contaminating material.

4. The Contractor shall record the pH of the water and then ensure that the pH of the public pool water is maintained at 7.5 or lower and adjust the pH if necessary.

5. The Contractor shall record public pool water temperature.

6. The Contractor shall ensure that the filtration system is operating while the public pool reaches and maintains the proper free chlorine concentration during the disinfection process.

7. The Contractor shall disinfect the public pool water as follows:
a. If the contaminating material is a formed fecal stool or vomit, the Contractor shall raise and maintain the free chlorine concentration in the pool to a minimum of 10 ppm for at least 25 minutes. b. If the fecal material is a diarrheal-stool, the Contractor shall raise the free chlorine concentration in the pool to a minimum of 20

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10 parts per million (ppm}, maintain the pH between 7.2 and 7.5 for at least 13 hours to achieve the contact time (CT) value of 15,300. CT value is the concentration of chlorine in ppm multiplies by the time in minutes. In this case, a 20- ppm concentration of chlorine maintained in a pool for 12.5 hours or 765 minutes will result in a CT value of 15,300 (765 minutes X 20 ppm). Any combination of chlorine concentration and time resulting in a CT value of 15,300 or greater can be used to achieve disinfection. After the CT value has been reached, Contractor shall thoroughly backwash filter to the sanitary sewer and before the pool is reopened.
c. If the contaminating material is blood, the Contractor shall check the free chlorine concentration in the public pool at the time of the incident. If it is below the required minimum free chlorine concentration, the Contractor shall immediately close the public pool until the required minimum free chlorine concentration is achieved. d. The Contractor- shall test the free chlorine residual at multiple sampling points to ensure the proper free chlorine concentration is achieved throughout the public pool water for the entire disinfection time.
e. The Contractor shall replace any affected cartridge filters and shall backwash non-cartridge filters after the disinfection process has been completed and before the pool is reopened. The Contractor shall ensure the effluent is discharged directly to the sanitary. The Contractor shall not return the backwash through the filter. The Contractor shall replace the filter media if necessary. f. The Contractor shall not release the pool for use until the disinfection process has been completed and the free chlorine concentration is less than ten (10) parts per million (ppm) and pH of the public pool water have returned to normal operating ranges in accordance with section 65529 of the Regulations.
g. When ready, the Contractor shall notify the Operator.

8. The Contractor shall immediately document each fecal, vomit, and blood contamination incident and maintain records as follows:
a. The date and time of the incident, the available free chlorine, pool temperature, pH level, and, if used, cyanuric acid level at the time of the incident.
b. Whether the fecal stool was formed or diarrheal.

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11 c. The number of pool users in the public pool and the length of time between the occurrence, detection and resolution of the incident. d. Before reopening pool, record the free chlorine and pH levels, the procedures followed in response to the incident (including the process used to increase the chlorine levels if necessary), and the contact time.

E.2 Emergency Response and Emergency Call Out
Contractor shall provide 30-minute response times for both Emergency Response and Emergency Call Out notifications. The 30-minute response time is from the time the call is placed to the Contractor, to the time the Contractor or Contractor's staff arrives at the site.

An Emergency Response is to be used to secure an immediate problem. If repairs are needed, they are to be accomplished during regular working hours if possible. Emergency Response time is considered additional service on a time and materials basis.

An Emergency Call Out is used when the Contractor has not performed as to the specifications and needs to immediately remedy the situation. An Emergency Call Out is not an additional service, and no extra fees will be paid by the City.

All Supplemental Services must be approved by the Contract Administrator prior to the Contractor performing the work. Payment for approved Supplemental Services shall be based on Contractor's bid prices. If Contractor is requested to perform a maintenance service that is not on the Bidding Schedule, the actual cost of labor plus cost of materials plus ten percent (10%) will be allotted for the service/repair. Contractor shall submit a proposal for the service/repair detailing the labor and material costs separately. Should the City decide to have the Contractor perform the work, a contract change order will be processed for the work.

E.3 Incidental Repairs
The Contractor shall provide skilled and experienced staff capable of performing minor maintenance repairs to pool chemical and filtration equipment at a set hourly rate. Such minor maintenance repairs shall be made at request of the City and only after receiving City approval of a cost not to exceed price from the Contractor for time and materials and overhead.

Such repairs shall be subject to review and approval by the City and shall be performed in accordance with all applicable regulations.

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12 F. Storage of Materials
Contractor shall not store any chemicals on site.

G. Locations of work:
1; Brooking Park Pool: 4505 Nugget Av
2; Oak Park Pool: 3754 Alvarado Av
3; Sousa Pool: 2900 Yellowstone Av
4; Holiday Park Pool: 5703 Kermit Lane
NOTE: CITY SHALL NOT BE LIABLE FOR SECURITY OF MATERIALS.

CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR THE PURCHASE,

TRANSPORTATION, APPLICATION, AND SECURITY OF POOL
CHEMICALS AND ASSOCIATED MATERIALS. THEFT OF MATERIALS

DOES NOT RELIEVE THE CONTRACTOR FROM MAINTAINING WATER
QUALITY/WATER CHEMISTRY REQUIREMENTS.

4.3 Public Outreach
Does not apply.

4.4 Coordination/Meetings
The Contract Administrator will be available by phone or email. The Contractor shall be responsible for communication with the Contract Administrator via email, or phone as often as necessary to assure on- schedule completion of maintenance tasks.

4.5 Drawings
The City has site drawings available and will provide them to the Contractor in .pdf form – upon request.

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13 5.0 PROJECT AND PROPOSAL GENERAL INFORMATION

5.1 Proposal Submissions
Proposals shall be submitted and received no later than 3:00 PM on November 24, 2021 to:

ATTN: MIGUEL MENDOZA

CITY OF STOCKTON
22 E. WEBER AVENUE, ROOM 301
STOCKTON, CA 95202
The proposal should be firmly sealed in an envelope which will clearly be marked on the outside with “POOL AND WATER FILTER SYSTEM MAINTENANCE - PROJECT OM 22-016”. The Cost Proposal must be in a sealed envelope separate from the proposal. Late Proposals will not be accepted.

5.2 Acceptance or Rejection of Proposal
The City reserves the right to negotiate an agreement with the firm submitting the highest-ranking proposal. Also, the City reserves the right to reject any and all proposals or to waive any irregularity in a proposal if it is deemed to be in the best interest of the City. Failure to submit all requested information could be grounds to reject the proposal.

5.3 Proposal Questions and Requests for Clarification
Any question or request for clarification shall be submitted in writing to:
[email protected]
Requests for clarification shall be submitted by November 18, 2021 by 8:00 A.M. (Pacific Standard Time). If a response warrants an addendum to the RFP, such addendum will be emailed at least two days prior to the proposal due date. It is the proposer’s responsibility to include a copy of such email response with his/her proposal. The response will also be emailed to the other proposers.

5.4 Causes for Disqualification
Any of the following may be considered cause to disqualify a proponent without further consideration:

A. Evidence of collusion among proponents;
B. Any attempt to improperly influence any member of the evaluation panel; C. Any attempt to communicate in any manner with a City of Stockton

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14 elected official during the RFP/bid process will, and shall be, just cause for disqualification/rejection of proponent’s proposal/bid submittal and considered non-responsive.

D. A proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or E. Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.

F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.

G. Any exceptions to the insurance requirement may result in a nonresponsive proposal.

5.5 Licensing Requirements
Contractor shall possess and maintain professional certifications or licenses that may be required to perform the work as described herein and such…are the sole cost and responsibility of the proposer.

Contractor shall possess a valid City of Stockton Business License prior to starting work. Contractor shall possess a C-53 Swimming Pool Contractor or Class C-61, Limited Specialty. D-35, Pool and Spa Maintenance Contractor, license as issued by the Contractors State License Board of California in order to submit a bid for this work. Department of Industrial Relations (DIR) registration is not required for general pool maintenance; however Contractor shall register for any additional work as required by the DIR.

Certification: Contractor and all staff assigned to work at the pools shall be a Certified Pool/Spa Operator® as designated by the National Swimming Pool Foundation in order to submit a bid for this work. Contractor and all staff assigned to work at the pools must maintain their certification during the entire contract period.

5.6 Insurance Requirements
The proposer must obtain and maintain the required insurance. Proposer should review Attachment B, Instructions to Proposers for information regarding insurance, indemnification, Disadvantaged Business Enterprises, prevailing wages, etc. Failure to comply with the Instructions to Proposers may be grounds for rejection.

5.7 Department of Industrial Relations
Please refer to Attachment B, Instructions to Proposers, for registration requirements with the Department of Industrial Relations.

ATTACHMENT B

EXHIBIT A

Page 26 of 57 ends

15 5.8 Product Ownership
Any documents resulting from the performance of work in the contract will become property of the City.

6.0 REQUIRED PROPOSAL CONTENT
The proposal shall contain the following, at a minimum:
 Cover Letter
 Executive Summary
 Project Team
 Examples of experience with similar types of work
 References
 Schedule
 ***Cost Proposal – separate sealed envelope, including the Supplemental Services Cost Schedule and an hourly rate for incidental repairs.

The body of the technical proposal shall not exceed 20 pages with a minimum font size of 10. Proposer shall submit 3 bound sets of the proposal and one PDF on a flash drive. The maximum allowable length is exclusive of any folder, cover, or section dividers. Proposals shall be no more than 25 pages, including resumes and the cover letter.

ATTACHMENT B

EXHIBIT A

Page 27 of 57 ends

16 6.1 Cover Letter
The letter shall be signed by an official with the authority to negotiate and contractually bind the firm with the City of Stockton. Provide name, title, address, email, and telephone number for this official. Describe any subcontract arrangements or licensing agreements. Include any potential conflict of interest.

6.2 Executive Summary
The Executive Summary shall include a summary of the proposal, emphasizing the approach to be taken and including a work plan, schedule, and description of the capabilities of the Contractor. The summary should convey an understanding of the purpose of the project and the maintenance services required for performance.

6.3 Project Team
Describe your team organization including the qualifications of the prime contractor.

The following should be addressed:
 Demonstrate the firm’s experience to successfully complete the maintenance tasks. This should include a description of prior experience in working with public agencies, including working with City staff.
 Ability for project team to perform the proposed work within the required time limits of; Start Up Service, Daily Maintenance Service, Shut Down Service, Off Season Service, and
Supplemental Service, considering their current and projected contracts and obligations.
 Ability to provide quality control of all deliverables and be responsive to all issues in a timely manner.
 Provide project team names, email addresses, and phone numbers.

6.4 Examples of Experience with Similar Types of Work
Provide examples of projects similar in scope and size to this project.

6.5 References
Provide two client references for the firm, at least one which is familiar with the Contractor’s project manager and key personnel. This shall include the name, company, contact information, and description of related work that was provided to the client.

ATTACHMENT B

EXHIBIT A

Page 28 of 57 ends

17 6.6 Schedule
Provide the estimated times and days of the week for each of the services, Start Up Service, Daily Maintenance Service, Shut Down Service, Off Season Service, and call outs for Supplemental Services. The selected contractor is expected to respond within 30 minutes to a pool site for call outs.

6.7 Cost Proposal
Proposer shall submit a cost proposal as part of their overall proposal.

Identify monthly costs for each month which total an annual amount for January to December, this should include total fee for all costs to complete all the tasks based on the type of service done. Start Up Service (month of May), Daily Maintenance Service (months of June, July, and August), Shut Down Service (month of September), Off Season Service (months of October, November, December, January, February, March, and April), and Supplemental Services (per event). See Attachment C.

The cost proposal must be in a sealed envelope separate from the other required proposal content.

7.0 PROPOSAL EVALUATION
The Contractor Selection process is anticipated to follow the timeline shown below.

Event Date
Post Request for Proposals November 11, 2021
Written Questions submitted by November 18, 2021 at 8:00 A.M.

Response to Written Questions November 22, 2021
Proposals Due November 24, 2021
Interviews Start January 2022
Negotiations January 2022
City Council Approval March 2022

7.1 Proposal Evaluation
The selection committee will evaluate all proposals. Ranking will be in accordance with the attached Evaluation Scoring Worksheet (See Attachment A). Cost will be a factor in the evaluation, but selection is predominantly qualifications based on qualifications and how well the Contractor fits within the City’s objectives for annual pool maintenance.

ATTACHMENT B

EXHIBIT A

Page 29 of 57 ends

18 Cost proposals will not be opened until after other categories have been evaluated. Local preference will also be a factor, so Stockton firms are encouraged to propose. Also, non-Stockton firms should make an effort to use Stockton contractors whenever possible. Points will be weighted based on the amount of work being performed by the local contractors and/or businesses.

7.2 Negotiations
City staff will begin negotiations with the highest ranked firm. If an agreement cannot be reached after a reasonable period of time, as determined by the City, then the City will terminate negotiations with the number one ranked firm and negotiations will be opened with the second ranked firm. The compensation discussed with one prospective Contractor will not be disclosed or discussed with another Contractor.

The selected contractor will be expected to enter into a Maintenance Services Contract with the City. Proposers should direct their attention to Attachment B, Instructions to Proposers for the most current insurance and indemnification language. It is expected that the successful proposer will accept these terms without modification.

The contract shall not be in force until the Council approves the contract and the City manager signs it. Work performed before the issuance of a Notice to Proceed cannot be paid by the City.

ATTACHMENTS:

Attachment A – Evaluation Scoring Sheet
Attachment B – Instructions to Proposers
Attachment C – Proposal Forms

ATTACHMENT B

EXHIBIT A

Page 30 of 57 ends

NON-COLLUSION DECLARATION
(Title 23 United States Code Section 112 and Publlc
Contract Code Section 7106)
To the CITY of STOCKTON DEPARTMENT OF PUBLIC WORKS.

The undersigned declares:

I am the OWNER , of ALL SEASONS POOL SER the party making the foregoing proposal.

The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal. The proposer has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or to refrain from submitting a proposal. The proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer. All statements contained in the proposal are true. The proposer ,has not, directly or Indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relallve thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a proposer that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the proposer.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1112112021 (Signature)
7 at LODI (city),CA(state).

ATTACHMENT B

EXHIBIT A

Page 31 of 57 ends

DEPARTMENT OF INDUSTRIAL RELATIONS

LABOR COMPLIANCE

SELF-CERTIFICATION
We, the undersigned, self-certify that we will comply with all California Department of Industrial Relations (DIR) laws, rules and regulations that apply to Public Work al! defined in Labor Code Section 172O(a)(1 ), as well as Senate Bill 854 (2014), and all other related statutes.

In addition, we acknowledge that to be eligible to bid on City of Stockton Public Works projects, we and all subcontractors under us are registered, and will remain registered with the DIR until project completion; otherwise, we will be disqualified from consideration as a bidder for the subject project.

CONTRACTOR: ALL SEASONS POOL SERVICE
BY: MARK HICKEY
TITLE: Owner
DATE: NOVEMBER 21, 2021
8 ATTACHMENT B

EXHIBIT A

Page 32 of 57 ends

TITLE VI VIOLATION SELF-CERTIFICATION
We, the undersigned, self-certify that pursuant to Federal Code of Regulations (CFR), 23 CFR 200.9, 633 and 49 CFR 21.7, we do not have any unresolved violations under Title VI of the Civil Rights Act of 1964 and related statutes, including Americans with Disabilities Act (ADA). In addition, we acknowledge that an unresolved Title VI violation will disqualify us for consideration as a proposer for the subject project.

CONTRACTOR: ALL SEASONS POOL SERVICE
BY: MARK HICKEY
OWNER
DATE: NOVEMBER 21, 2021
TITLE
9 )

ATTACHMENT B

EXHIBIT A

Page 33 of 57 ends

LOCAL EMPLOYMENT ORDINANCE
This contract is subject to the requirements of the City of Stockton's local Employment Ordinance. By my signature below, I certify that I have read and understood the local Employment Ordinance of the City of Stockton, and agree to abide by its provisions. If selected to perform this contract, I specifically agree to report data on the actual number of Stockton residents employed, and understand that data will be subject to verification by an independent auditor.

Signature of Proposer · 111//� /lc:4(:/f<f/
Date Signed NOVEMBER 21, 2021
10 ATTACHMENT B

EXHIBIT A

Page 34 of 57 ends

LOCAL BUSINESS PREFERENCE ORDINANCE
The City of Stockton's Local Business Preference Ordinance applies to this project. By my signature below, I certify that I have read and understood the Local Business Preference Ordinance of the City of Stockton, and agree to abide by its provisions.

Signature of Proposer 7?t«/� lfc-/C/<(f
Date Signed NOVEMBER 21 2021
11 ATTACHMENT B

EXHIBIT A

Page 35 of 57 ends

Cost Item Month - Bid Item
Description 2022 2023 2024 2025 2026
2027
Optional Year
1 2028
Optional Year
2 1A January-Off
Season Service $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1B February-Off
Season Service $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1C March-Off Season
Service $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1D April-Start Up
Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1E
May-Start Up
Service and Daily
Service
$ 3,455.00 $ 3,559.00 $ 3,665.00 $ 3,775.00 $ 3,889.00 $ 4,005.00 $ 4,125.00 1F June-Daily
Service $ 4,290.00 $ 4,419.00 $ 4,551.00 $ 4,688.00 $ 4,828.00 $ 4,973.00 $ 5,122.00 1G July-Daily Service $ 4,290.00 $ 4,419.00 $ 4,551.00 $ 4,688.00 $ 4,828.00 $ 4,973.00 $ 5,122.00 1H August-Daily
Service $ 4,290.00 $ 4,419.00 $ 4,551.00 $ 4,688.00 $ 4,828.00 $ 4,973.00 $ 5,122.00 1I
September-Daily
Service and Shut
Down Service
$ 3,245.00 $ 3,342.00 $ 3,443.00 $ 3,546.00 $ 3,652.00 $ 3,762.00 $ 3,875.00 1J October-Off
Season Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1K November-Off
Season Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1L December-Off
Season Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00

TOTAL MONTHLY

MAINTENANCE FOR

BROOKING PARK POOL,
Items 1A through 1L
$ 27,190.00 $ 33,892.00 $ 34,908.00 $ 35,959.00 $ 37,033.00 $ 38,142.00 $ 39,291.00 Cost Item 5 Supplemental
Services
Contamination
Service; formed
fecal stool or
vomit $                 375.00 $                 375.00 $                 375.00 $                 375.00 $                 375.00 $                 375.00 $                 375.00 Cost Item 6 Supplemental
Services
Contamination
Service; diarrhealstool
$                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 Cost Item 7 Supplemental
Services
Contamination
Service; Blood $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 Cost Item 8 Supplemental
Services
Emergency
Response $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 Cost Item 9 Supplemental
Services
Non-emergency
Response and
Vandalism
Mitigation $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 Cost Item 10 Supplemental
Services
Incidental Repairs
Allowance
$125.00 PR. HR
$              2,500.00 $              2,500.00 $              2,500.00 $              2,500.00 $              2,500.00 $              2,500.00 $              2,500.00 TOTAL ANNUAL COST @
Brooking Park Pool
$          33,127.50 $          39,829.50 $          40,845.50 $          41,896.50 $          42,970.50 $          44,079.50 $          45,228.50 Brooking Park Pool

ATTACHMENT B

EXHIBIT B

Page 36 of 57 ends

Cost Item Month - Bid Item
Description 2022 2023 2024 2025 2026
2027
Optional Year
1 2028
Optional Year
2 1A January-Off
Season Service $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1B February-Off
Season Service $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1C March-Off Season
Service $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1D April-Start Up
Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1E
May-Start Up
Service and Daily
Service
$ 4,390.00 $ 4,522.00 $ 4,657.00 $ 4,797.00 $ 4,941.00 $ 5,089.00 $ 5,242.00 1F June-Daily
Service $ 5,470.00 $ 5,634.00 $ 5,803.00 $ 5,977.00 $ 6,157.00 $ 6,341.00 $ 6,531.00 1G July-Daily Service $ 5,470.00 $ 5,634.00 $ 5,803.00 $ 5,977.00 $ 6,157.00 $ 6,341.00 $ 6,531.00 1H August-Daily
Service $ 5,470.00 $ 5,634.00 $ 5,803.00 $ 5,977.00 $ 6,157.00 $ 6,341.00 $ 6,531.00 1I
September-Daily
Service and Shut
Down Service
$ 4,190.00 $ 4,316.00 $ 4,445.00 $ 4,579.00 $ 4,716.00 $ 4,857.00 $ 5,003.00 1J October-Off
Season Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1K November-Off
Season Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1L December-Off
Season Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00

TOTAL MONTHLY

MAINTENANCE FOR OAK
PARK POOL, Items 1A
through 1L
$ 32,610.00 $ 39,474.00 $ 40,658.00 $ 41,881.00 $ 43,136.00 $ 44,425.00 $ 45,763.00 Cost Item 5 Supplemental
Services
Contamination
Service; formed
fecal stool or
vomit $                 375.00 $                 375.00 $                 375.00 $                 375.00 $                 375.00 $                 375.00 $                 375.00 Cost Item 6 Supplemental
Services
Contamination
Service; diarrhealstool
$                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 Cost Item 7 Supplemental
Services
Contamination
Service; Blood $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 Cost Item 8 Supplemental
Services
Emergency
Response $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 Cost Item 9 Supplemental
Services
Non-emergency
Response and
Vandalism
Mitigation $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 Cost Item 10 Supplemental
Services
Incidental Repairs
Allowance
$125.00 PR. HR
$              2,500.00 $              2,500.00 $              2,500.00 $              2,500.00 $              2,500.00 $              2,500.00 $              2,500.00 TOTAL ANNUAL COST @
Oak Park Pool
$          38,547.50 $          45,411.50 $          46,595.50 $          47,818.50 $          49,073.50 $          50,362.50 $          51,700.50 Oak Park Pool

ATTACHMENT B

EXHIBIT B

Page 37 of 57 ends

Cost Item
Month - Bid
Item
Description
2022 2023 2024 2025 2026
2027
Optional Year
1 2028
Optional Year
2 1A
January-Off
Season
Service
$ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1B
February-Off
Season
Service
$ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1C
March-Off
Season
Service
$ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1D April-Start Up
Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1E
May-Start Up
Service and
Daily Service
$ 3,830.00 $ 3,945.00 $ 4,063.00 $ 4,185.00 $ 4,311.00 $ 4,440.00 $ 4,573.00 1F June-Daily
Service $ 4,190.00 $ 4,316.00 $ 4,445.00 $ 4,579.00 $ 4,716.00 $ 4,857.00 $ 5,003.00 1G July-Daily
Service $ 4,320.00 $ 4,450.00 $ 4,583.00 $ 4,721.00 $ 4,862.00 $ 5,008.00 $ 5,158.00 1H August-Daily
Service $ 4,320.00 $ 4,450.00 $ 4,583.00 $ 4,721.00 $ 4,862.00 $ 5,008.00 $ 5,158.00 1I
SeptemberDaily Service
and Shut Down
Service
$ 3,590.00 $ 3,698.00 $ 3,809.00 $ 3,923.00 $ 4,041.00 $ 4,162.00 $ 4,287.00 1J
October-Off
Season
Service
$ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1K
November-Off
Season
Service
$ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1L
December-Off
Season
Service
$ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00

TOTAL MONTHLY

MAINTENANCE FOR
SOUSA PARK POOL, Items
1A through 1L
$ 27,870.00 $ 34,593.00 $ 35,630.00 $ 36,703.00 $ 37,800.00 $ 38,931.00 $ 40,104.00 Cost Item 5 Supplemental
Services
Contamination
Service;
formed fecal
stool or vomit $ 375.00 $                 375.00 $                 375.00 $                 375.00 $                 375.00 $                 375.00 $                 375.00 Cost Item 6 Supplemental
Services
Contamination
Service;
diarrheal-stool
$ 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 Cost Item 7 Supplemental
Services
Contamination
Service; Blood $ 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 Cost Item 8 Supplemental
Services
Emergency
Response $   1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 Cost Item 9 Supplemental
Services
Nonemergency
Response and
Vandalism
Mitigation $   1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 Cost Item 10 Supplemental
Services
Incidental
Repairs
Allowance
$125.00 PR.

HR $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 TOTAL ANNUAL COST @
Sousa Park Pool $ 33,807.50 $ 40,530.50 $ 41,567.50 $ 42,640.50 $ 43,737.50 $ 44,868.50 $ 46,041.50 Sousa Park Pool

ATTACHMENT B

EXHIBIT B

Page 38 of 57 ends

Cost Item
Month - Bid
Item
Description
2022 2023 2024 2025 2026
2027
Optional Year
1 2028
Optional Year
2 1A
January-Off
Season
Service
$ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1B
February-Off
Season
Service
$ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1C
March-Off
Season
Service
$ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1D April-Start Up
Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1E
May-Start Up
Service and
Daily Service
$ 3,830.00 $ 3,945.00 $ 4,063.00 $ 4,185.00 $ 4,311.00 $ 4,440.00 $ 4,573.00 1F June-Daily
Service $ 4,190.00 $ 4,316.00 $ 4,445.00 $ 4,579.00 $ 4,716.00 $ 4,857.00 $ 5,003.00 1G July-Daily
Service $ 4,320.00 $ 4,450.00 $ 4,583.00 $ 4,721.00 $ 4,862.00 $ 5,008.00 $ 5,158.00 1H August-Daily
Service $ 4,320.00 $ 4,450.00 $ 4,583.00 $ 4,721.00 $ 4,862.00 $ 5,008.00 $ 5,158.00 1I
SeptemberDaily Service
and Shut Down
Service
$ 3,590.00 $ 3,698.00 $ 3,809.00 $ 3,923.00 $ 4,041.00 $ 4,162.00 $ 4,287.00 1J
October-Off
Season
Service
$ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1K
November-Off
Season
Service
$ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1L
December-Off
Season
Service
$ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00

TOTAL MONTHLY

MAINTENANCE FOR

HOLIDAY PARK POOL,
Items 1A through 1L
$ 27,870.00 $ 34,593.00 $ 35,630.00 $ 36,703.00 $ 37,800.00 $ 38,931.00 $ 40,104.00 Cost Item 5 Supplemental
Services
Contamination
Service;
formed fecal
stool or vomit $ 375.00 $                 375.00 $                 375.00 $                 375.00 $                 375.00 $                 375.00 $                 375.00 Cost Item 6 Supplemental
Services
Contamination
Service;
diarrheal-stool $ 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 Cost Item 7 Supplemental
Services
Contamination
Service; Blood $ 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 $                 125.00 Cost Item 8 Supplemental
Services
Emergency
Response $   1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 $              1,250.00 Cost Item 9 Supplemental
Services
Nonemergency
Response and
Vandalism
Mitigation $   1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 $              1,562.50 Cost Item 10 Supplemental
Services
Incidental
Repairs
Allowance
$125.00 PR.

HR $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 TOTAL ANNUAL COST @
Holiday Park Pool
$ 33,807.50 $ 40,530.50 $ 41,567.50 $ 42,640.50 $ 43,737.50 $ 44,868.50 $ 46,041.50 Holiday Park Pool
TOTAL COST (FOR 4 YEAR, 9 MONTH INITIAL TERM CONTRACT) $830,683.00________ "Total Bid" is 4-year, 9-month cost for Brooking Park Pool, Oak Park Pool, Souza Park Pool, and Supplemental Services.

NAME _______________________________
SIGNATURE _______________________________
Mark Hickey

ATTACHMENT B

EXHIBIT B

Page 39 of 57 ends

NOTE: The City of Stockton 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). Please see attached flyer regarding PINS Advantage.

Exhibit C:

Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) 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.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), 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.

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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

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endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

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 of Stockton.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

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Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request. Contractor shall provide proof of such compliance and verification to the City upon request.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202

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II.

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No.1 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassmenl in lhe Workplace) revised from 10121/94, 511195, 1/1/98 PER�037 (Sexual Harassment lnvestigalive Procedures) revised from 2/15/93

PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

POLICY
A The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.

All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.

C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.

D. All City employees and non-employees share a responsibility to assist in

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment ,n the Workplace) revised from 10/21194, 511195, 111198 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.

E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up lo and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a resu It of such conduct.

F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.

G. The City of Stockton prohibits retaliation against any employee or nonemployee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.

H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.

I. This policy shall be administered by the Director of Human Resources.

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10121/94, 511195.111198 PER�037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

1. Soliciting applications from a source where all or most of potential workers are of the same race or color.

2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and

3. Questioning a job applicant about the existence, nature and severity of a disability.

B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3)

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment ,n lhe Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 {Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.

Harassment may take many forms, including, but not limited to, the following examples:

1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

2. .!:h�ical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified Lmder state and federal law.

3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made a term or condition of employment; or

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 {Sexual Harassment m the Workplace) revised from 10121/94, 511195, 111/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2115193

3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.

Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Mal<ing or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER"037 (Sexual Harassment Investigative Procedures} revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.

D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:

1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;

2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;

3. Testifies in a proceeding concerning such violation;

4. Assists or participates in a proceeding concerning a violation; or

5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.

An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.

IV. REPORTING AND COMPLAINT PROCEDURES
A Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see belowl
PER-015 (Sexual Harassment In the Workplace} revised from 10/21/94, 5/1/95, 1/1/98 PERM037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.
1, Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harass_lI)eaj
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14
DISCRIMINATION AND Effective Date: HARASSMENT POLICY Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment ,n the Workplace) revised from 10121194, 511195, 111198 PER-037 (Sexual Harassment lnvesligallve Procedures) revised from 2115193 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.

If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.

2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or nonemployee to cease the conduct.

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 111/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.

B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.

C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.

V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6109
3/1/2010
(see below)
PER-015 (Sexual Harassment ,n the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER�037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:

1. Identify and preserve the evidence.

2. Confirm the name and position of the complainant. Interview the complainant.

3. Allow the complainant the opportunity to place the complaint in writing.

4. Obtain the identity of the alleged harasser(s).

5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).

6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).

7. Ascertain if any threats or promises were made in connection with the alleged harassment.

8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).

9. Ascertain whether the complainant has spoken to anyone, especially

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CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No.11 of 14
VI.

DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
/see below)
PER-015 (Sexual Harassment In the Workplace) rev,sed from 10/21/94, 5/1/95, 1/1/98 PER�037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.

10. Ascertain what resolution would be acceptable to the complainant.

11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.

12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.

13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.

14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the ex.tent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.

15. Conduct follow-up interviews, if warranted.

16. Prepare report of findings and discuss with management and designated legal staff.

RESPONDING TO THE COMPLAINT
A Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 511195, 1/1/98 PER·037 (Sexual Harassment lnvesligalive Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.

B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.

C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.

D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged lo have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:

1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).

2. Unfounded: The investigation proved that the act(s) or omission(s)

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment ,n the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER·037 (Sexual Harassment Investigative Procedures) revised from 2(15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.

3. Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.

E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.

F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.

VII, DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.

VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these

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CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR.15 Page No.14 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER�037 (Sexual Harassment Investigative Procedures) revised from 2115/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.

IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.

APPROVED:
&��SON

CITY MANAGER
::OOMAIGRPWISE\COS.PER,PER_Llbrary:96180.1

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City of Stockton
Legislation Text
File #: 22-0160, Version: 1

OFFICE OF VIOLENCE PREVENTION ANNUAL UPDATE

RECOMMENDATION
Information only. No action to be taken.

Summary
Looking back at 2021, the Office of Violence Prevention will present program outcomes.

The PowerPoint presentation will highlight program data, identify client characteristics, client needs, and services provided.

City of Stockton Page 1 of 1 Printed on 3/15/2022
powered by Legistar™
769

THE OFFICE OF VIOLENCE PREVENTION PRESENTS
Stockton City Council
March 22, 2022
Agenda Item 15.1
770
2021 STATS
771
2015 -2017
2018 -2020

CEASEFIRE

STATISTICS
2021

HOMICIDES NON-FATAL SHOOTING

INCIDENTS
2020 2021 2020 2021
JANUARY 2 4 8 17
FEBRUARY 5 2 9 12
MARCH 5 1 4 12
APRIL 4 4 9 13
MAY 3 3 9 10
JUNE 3 5 12 22
JULY 3 5 21 8
AUGUST 6 4 12 15
SEPTEMBER 6 3 8 10
OCTOBER 5 1 13 13
NOVEMBER 5 4 16 14
DECEMBER 9 3 8 4
TOTAL 56 39 129 150
% CHANGE -30% +16%
772
2015
-2017
2018 -2020

CEASEFIRE

STATISTICS
2021
17 %

REDUCTION
773
Average Age: 18-35 years old
Education: High School Drop Out

GANG AFFILIATED

JUSTICE INVOLVED

HAS BEEN SHOT OR SHOT AT

GUN ACTIVITY & SAFETY ISSUES
CLIENT CRITICAL NEEDS:

CRITICAL
SAFETY
ISSUES

UNEMPLOYED UNSTABLE

HOUSING
UNABLE
TO EAT
DAILY
OVP IS WORKING WITH 17

VERY HIGH-RISK YOUTH, AGED
14 TO 17

STOCKTON CALIFORNIA

ARE WE WORKING

WITH THE
RIGHT PEOPLE?

TYPICAL CLIENT PROFILE

UNTREATED
TRAUMA
774
HOW ARE HIGH RISK INDIVIDUALS IDENTIFIED?
Involved in gang
shootings Probation &
Parole refer high
risk individuals SPD refers high
risk individuals
775
Gang/Group
Shooting Occurs
SPD Patrol/Gang Unit &
Investigation teams respond to
shooting.

Watch Commander notifies OVP
of shooting incident.

OVP Response
Peacekeeper response to
shooting scene & hospital.

Connect victim’s family to services.

Meets with victim to understand the
root of conflict & connect to services.

SPD Response
Gang Unit/CRT & CIU mobilizes
to gather intelligence & deescalate conflict through
enforcement.

Conflict Mediation
OVP & community partners
gather intelligence to understand
conflict
Peacekeepers & community
partners work to de-escalate
conflict through mediations
Weekly Police Shooting & Homicide
Review. Police track group-related
violence into scorecard data that
informs weekly
enforcement/intervention plans.

Weekly SPD
Shooting Review
Weekly Coordination
SPD shares weekly shootings &
homicide data with OVP.

SPD sends referrals to OVP of
identified high-risk individuals
OVP develops weekly
intervention strategies
Intensive Life Coaching
High-Risk individual volunteers to engage
with OVP
Peacekeeper builds a trusting relationship
and provides services, opportunities &
supports, leading to better outcomes for
the individual.

Community
Safety Meeting
Law enforcement, community members
& intervention workers sit-down with
high-risk young adults to inform them of
their safety risk and offer them an
opportunity for services and support.

Focused
Enforcement
Focused enforcement on
individuals/groups who continue to
engage in gun violence.

Ceasefire Process SPD PROCESS

OVP PROCESS
Referral Process
776

HOSPTIAL VIOLENCE

INTERVENTION

REAL-TIME COMMUNICATION WITH

TRAUMA DOCTORS AND STAFF
• COMMUNICATE WITH TRAUMA TEAM AROUND VICTIM’S

CURRENT HEALTH STATUS
• INFORM TRAUMA TEAM OF CIRCUMSTANCES LEADING TO

THE SHOOTING INCIDENT
• ASSIST TRAUMA DOCTOR WITH COMMUNICATING WITH

THE FAMILY

1. ENGAGE FAMILY MEMBERS WITH

SUPPORT AND RESOURCES
• CONSOLE FAMILY DURING STRESSFUL SITUATION
• INFORM FAMILY OF COMMUNITY RESOURCES
• FIND KEY INFLUENCIAL FAMILY MEMBERS TO HELP

REDUCE ESCALATION OF VIOLENCE

2. INTERVENTION WITH VICTIM

AND ASSESS RISK LEVEL
• BUILD RELATIONSHIP WITH VICTIM
• ASSESS THE CORE ISSUE
• OFFER VICTIM PRE-DISCHARGE SUPPORT

AND PLANNING
• OFFER WRAPAROUND SERVICES

3. JANUARY – DECEMBER 2020
108 RESPONSES
JANUARY – DECEMBER 2021
71 RESPONSES

OFFICE OF VIOLENCE PREVENTION

SHOOTING RESPONSE
777

CONFLICT MEDIATION
55 CONFLICT MEDIATIONS
JANUARY – DECEMBER 2020
24 CONFLICT MEDIATIONS
JANUARY – DECEMBER 2021
161 REFERRAL FOLLOW-UPS
JANUARY – DECEMBER 2020
251 REFERRAL FOLLOW-UPS
JANUARY – DECEMBER 2021
778
ARE WE

COMMUNICATING

WITH THE RIGHT
PEOPLE?
75% OF ALL COMMUNICATIONS

OCCURRED WITH GROUPS
REPRESENTED ON THE SPD 12
MONTH SCORECARD.
(Groups active during the
12 period)
OF THAT 75%, OVER HALF (52%)

OF COMMUNICATIONS

OCCURRED WITH THE TOP TEN

GROUPS REPRESENTED ON THE
SPD 12 MONTH SCORECARD.

COMMUNICATION
GOAL FOR 2021 100
JAN – DEC 2021

COMMUNICATIONS
(SAFETY MEETINGS)
108
70 TRANSFERRED TO CASE MANAGEMENT
(65% TRANSFER RATE)
779

INTENSIVE LIFE

COACHING

SERVICES PROVIDED

EMPLOYMENT
SERVICES 137 HOUSING
ASSISTANCE 82
SOCIAL
SERVICES 79 ID, DL, BC &
DMV ISSUES 123

EDUCATIONAL
ADVANCEMENT 66 FAMILY 6933 RELOCATIONS 19

SERVICE HOURS
JAN -DEC 2021
MENTAL
HEALTH 22 COGNITIVE
BEHAVIORAL CLASSES 18
780
o WORK START YES
o WORKNET
o JOB CORPS
o YOUTH/ FAMILY

SERVICES

JOB READINESS
o EPIC, HEDY HOLMES, PRO
LOGIS
o WORKNET
o LABOR READY
o COMMUNITY
PARTNERSHIP FOR FAM.
o LOCAL UNIONS
o SERVICE FIRST
o FIVE KEYS

EMPLOYMENT PLACEMENT DRUG REHAB
o NEW DIRECTIONS
o POINT BREAK
o FRANKLIN HOUSE
o TRAUMA CENTER
o BEHAVIORAL HEALTH
o POINT BREAK
o EL CONCILIO
o PROBATION SERVICES

MENTAL HEALTH

EDUCATION
o ADULT SCHOOL
o COMEBACK KIDS
o JOB CORPS
o SAFETY COUNSEL
o DELTA COLLEGE
o UEI
o JUSTICE CENTER
o DISTRICT ATTORNEY

VICTIMS OF CRIMES
o FAITH IN THE VALLEY
o FRIENDS OUTSIDE
o VICTORY COMMUNITY
o INNER CITY ACTION

FAMILY COUNSELING
o CENTRAL VALLEY LOW INCOME

HOUSING
o SAN JOAQUIN FAIR HOUSING
o SALVATION ARMY
o YOUTH/FAMILY SERVICES

HOUSING ASSISTANCE
o YOUTH & FAMILY
o HSA(FOOD STAMPS)
o MARY MAGDALENE

SOCIAL SERVICES

CLOTHING
o SALVATION ARMY
o FRIENDS OUTSIDE
o OVP CLOSET
FOOD
o EL CONCILIO
o BREAD OF LIFE
o YOUTH F.S.

BUILDING CLIENT

CAPACITY THROUGH

COMMUNITY

CONNECTIONS
• IDENTIFY CLIENT

IMMEDIATE NEEDS
• CONNECT THE CLIENT TO

THE COMMUNITY

AGENCY FOR IMMEDIATE

AND LONG-TERM

SUPPORT
Community Partners: • Mary Magdalene
• Dome of Hope
• Victory Outreach
• Asian Pacific Self-development and
Residents Association(APSARA)
• Empowering Marginalized Asian
Communities(EMAC)
• Little Manila Rising
• The Center
• The Women's Center
• Community Members
781

RECIDIVISM RATE
15 ARE CLIENTS

BENEFITING FROM
OVP SUPPORT?
2021CLIENTS

LESS THAN
%
17 Clients Re-arrested
For Violent
Crimes
12 Gun Charge
2 Robbery/Assault
1 Attempted Murder
1 Domestic Violence
1 Child Abuse
118 CLIENTS
782

COVID RESPONSE
5,618 GROCERIES
MARCH 2020 – DECEMBER 2021
3,717 HOTMEALS
MARCH 2020 – DECEMBER 2021
3,214 COVID FLYERS
MARCH 2020 – DECEMBER 2021
2,146 HYGIENE/PPE KITS
MARCH 2020 – DECEMBER 2021
783

OVP CLIENT SUCCESS STORIES
784
Life Before:
• Active gang member
• 11 years in prison
• Violent history with a gun including drug
sales and robbery.
• Shot someone and has been shot at
CLIENT 1
785
ACHIEVEMENTS IN 6 MONTHS
Life After:
• Built trusting relationship with his Peacekeeper
• Participated in tattoo removal of gang sign
• Obtained his GED
• Obtained his birth certificate, social security
card, and Driver’s License
• A role-model to his daughter
• Employed doing construction
• Left the gang lifestyle
• Surrounds himself with positive
influences
786
Life Before:
• Active gang member
• Burglary and theft
• Drug and gun charges
CLIENT 2
787
ACHIEVEMENTS IN 6 MONTHS
Life After:
• Attended a Call-in
• Secured employment earning $22 per hr. and will be off probation soon.
• Obtained, birth certificate, social security card, and driver’s license. • Living a safe, healthy, and non-violent life with his girlfriend • Attending a Cognitive Behavioral classes
• Utilizing financial services for credit repair to purchase a new home 788
CLIENT 3
Life Before:
• Active gang member
• Has been shot at – including his friends
• Brother was killed
• Struggled in high-school and getting in
trouble.
• Became young father of 3
• Went to county jail and was on probation
789

ACHIEVEMENT
Life After:
• Completed Cognitive Behavioral classes – built
confidence to go for his dreams and gave him a
safe space
• Obtained his Driver’s License back.
• OVP Scholars participant - enrolled at Delta
College studying Psychology
• Works full-time at Tesla
• Spoke at Attorney General site visit
• Assists OVP with community events
790
CLIENT 4
Life Before:
• Active generational gang member
• Violent history
• Arrested for firearms
• Was critical part in an active group conflict
791
Life After:
• Attended Cognitive Behavioral classes
• Obtained Driver’s License, ID, and Birth Certificate
• Admitted into the Discovery Challenge Academy
• Tattoo Removal
• Graduated from the 6-month military academy in Lathrop, CA in December 2021

ACHIEVEMENTS
792
 OVP will continue to carry out Operation Ceasefire strategies that have produced multi-year, community-wide reductions in gang/gun violence.
 Emergency response to gang/gun incidents as they occur  Conflict mediation
 Communicating with high-risk individuals to offer services, opportunities, and support
 Provide intensive life coaching- Enhanced
 Increase wellness and resilience through trauma-informed practice.

BEING PURPOSEFUL IN 2022 – ADDRESSING WELLNESS
793
 OVP shooting responses- 19
 Emergency relocation- 4
 Conflict mediation- 5
 Communicating with high-risk individuals- 14
 14 Safety meetings held.
 Of the 14, 36% are represented on SPD’s 3-month score card, groups most active in the past 90 days.  Communicating with the community-30
 OVP staff attended over 30 community events to support families.  Provide intensive life coaching-
 Active caseload – 61
 14 of which were added in the past 90 days.
2022 DATA – PAST 90 DAYS
794
795
City of Stockton
Legislation Text
File #: 22-0182, Version: 1
APPROVE DOWNTOWN STOCKTON ALLIANCE PROPOSED 2022 ANNUAL OPERATING BUDGET, ASSESSMENT, AND 2021 ANNUAL REPORT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the 2022 Operating Budget and Assessment for the Property and Business Improvement District known as Downtown Stockton Alliance, a non-profit corporation, which operates the Downtown Stockton Management District;

2. Approve the 2021 Annual Report; and

3. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose of this resolution.

Summary
The Downtown Stockton Alliance (“DSA”) is one of the oldest Property-Based Improvement Districts (PBID) in California and has promoted and maintained the Downtown Stockton Business District since 1996. The City executed a contractual agreement with the Alliance to manage and operate the Downtown Stockton PBID for ten years beginning January 1, 2018; this includes developing the goals and preparing and managing the DSA’s annual budget. It is required by contract that the DSA provide the City Council with its operating budget and the annual report of accomplishments for approval each year. The 2022 Operating Budget and the 2021 Annual Report for the DSA are included as Exhibits 1 and 2 to the Resolution, respectively.

DISCUSSION
Background
The Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., authorizes cities and counties to establish property and business improvement districts to promote economic revitalization and physical maintenance. A property-based improvement district is a flexible financing tool for creating private-sector, self-governed management districts. These districts provide the means for enhanced maintenance, safety, marketing, management, and advocacy services.

The DSA was incorporated in 1996 as a 501(c)(6) corporation to promote and maintain Downtown Stockton. Operations began in January 1998, with an annual assessment of property owners. The City Council authorized an agreement with the DSA to administer the DSA PBID effective January 1, City of Stockton Page 1 of 4 Printed on 3/15/2022
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File #: 22-0182, Version: 1
2018, and it shall remain in effect until December 31, 2027. In accordance with Property and Business District Law of 1994 and pursuant to the agreement, DSA is required to administer funds consistent with the adopted Management District Plan.

Present Situation
In accordance with Property and Business District Law of 1994, the DSA’s agreement with the City requires DSA to administer funds consistent with the adopted Downtown Stockton Management Plan.

The Management Plan requires the DSA to submit its budget and annual report each year to the City by February 1st. The budget is subject to Council approval.

The Downtown Stockton Management District assessments are paid directly to the County by property owners as part of their annual tax bill. The total assessment paid during 2022 by property owners directly to the County will be $1,161,771. The DSA will administer these funds on behalf of the Downtown Stockton Management District as in the past. The assessment funds are collected by the County and will transfer directly to the DSA.

The City makes an annual contribution to the DSA’s PBID based on the number, size, and location of City-owned properties within the DSA’s PBID and the annual assessment rates. The City’s contribution is estimated to be $344,120, including Parking Authority and the two remaining Successor Agency properties.

In 2021, the DSA returned to the office after months of working at home as a result of the pandemic and continued to keep the Downtown clean and safe. DSA also accomplished the following:
· Participated in the City’s Investor Summit with 200 attendees interested in downtown opportunities.
· Launched Tuesday night music series in Janet Leigh Plaza to bring activity and live music to the Downtown area and businesses.
· Implementation of “Doorways to Downtown” to showcase Downtown businesses. · Introduced “vlogs” to highlight life in Downtown.
· Partnered with Parent’s by Choice, One TLC School for Homeless Children, and the Hell’s Angels in their respective toy drives to purchase gifts for underserved children during the holiday season.
· Partner in the Relief Across Downtown (RAD) program as a part of the pandemic recovery efforts to promote and offer a dollar-for-dollar match gift card at participating merchants.

The DSA began an extremely successful program launching the operation of a Portable Bathroom Shower Unit (PBSU) at St. John’s Church. This program gives hope to the underserved community by providing a dignified place for personal hygiene. The PBSU serves on average 40 users per day.

Partner organizations provide additional services such as clothing, COVID-19 testing and vaccinations, and laundry services on site. After implementing the PBSU the DSA began to provide sandwiches three days a week. The program has witnessed a positive behavior change in those served, and additional services have been referred to individuals to better themselves.

In February of 2021, after completion, the DSA held a dedication ceremony for Chung Wah Lane Chinese Plaza attended by hundreds of community members, including dignitaries. This 52-year-old City of Stockton Page 2 of 4 Printed on 3/15/2022
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File #: 22-0182, Version: 1
historic plaza is now revived and active, displaying 200-foot dragons inlaid one rock at a time in the ground with vibrant colors and Foo Dogs guarding the entrances. In September, DSA held a MidAutumn Festival with live performances, food, and mooncakes.

The circumstances from COVID-19 recovery meant acclimating to challenges and focusing on digital marketing with consistent scheduling, giveaway contests, and video content. The DSA initiated Instagram Reels as a starting point for downtown stories highlighting content to assist businesses and inform the community about events and announcements. Reels were successful month-tomonth, with the highest reel reaching over 14,000 views. Social Media platforms experienced growth in 2021, with Instagram reaching over 10,000 followers. As a 2021 goal, DSA promoted their YouTube channel by capturing screenshots from videos, starting a trend, and noticed more engagement to revitalize the channel up 49.5%.

Recovery is present in Downtown with 18 new businesses, the sale of 48 properties, and at least 423 businesses in the District. Maintenance of the District continued with 276 graffiti removals, 22,525 trash bags removed, 1,243 service calls, and 720 shopping carts collected. The DSA hosted their first large-scale in-person event since 2019, celebrating National Night Out in 2021. The event was bursting with local vendors, music, and activities with remarkable community attendance.

The DSA’s 2022 budget is $1,784,749. The DSA dedicates a significant amount of its budget to economic development and improvement projects, maintenance and cleaning, advertising and marketing, safety, and special events within the District. The DSA spends its budget balance on advocacy, administration, and education/networking.

Below are a few of the DSA 2022 goals:
· Partner with the City on the beautification project of Hunter Square to create Diversity Plaza · Continue operation and maintenance of the Portable Bathroom & Shower unit at St. John’s Church
· Launch a new website in Spring 2022
· Restructure and promote the Downtown Stockton Enterprise Loan Fund program · Continue hosting music in Janet Leigh Plaza and Full Moon Riders · Expand the outreach of our Safely Ambassador program and partnership with Stockton Police Department
· Support and promote local businesses Downtown and advocate for property owners · Continue with the digital promotion of businesses and properties through webinar series, reels, and YouTube channel content
For the calendar year 2022, the projected annual expenditures for the Downtown Stockton Management District are $1,752,749. In addition to the $1,161,771 assessment, $622,978 in marketing and special events, security contracts, outside service contracts, advertising, and miscellaneous revenues are projected for total revenues of $1,784,749.

Staff recommends the adoption of the attached Resolution, which approves the proposed 2022 Annual Operating Budget (Exhibit 1 to the Resolution) and the 2021 Annual Report (Exhibit 2 to the Resolution) for the Downtown Stockton Management District.

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FINANCIAL SUMMARY
The Downtown Stockton Management District assessments are paid directly to the County by property owners as part of their tax bill. The estimated assessment amount to be paid in 2022 by property owners directly to the County will be $1,161,771. This estimate includes assessment charges to City-owned properties within the DSA PBID of $344,120.

The City of Stockton, Parking Authority, and Stockton Redevelopment Agency pay an assessment on property owned within the Downtown Stockton Management District. With the dissolution of the Stockton Redevelopment Agency under Assembly Bill X1 26 (AB 26), the assessments on the Agency-owned property were transferred to the Stockton Successor Agency. The annual assessment total for the City-owned property within the District is $344,120 and is broken down as follows:

Entity Assessment Account Number Fund
City of Stockton $248,245 2010-016-670001-100-000-
10-20-000-000-
General Fund
Parking Authority $95,147 6030-400-670001-630-000-
00-60-000-000-
Parking
Successor Agency $728 6000-000-670001-700-000-
10-60-000-000-
Successor Agency
There is no financial impact other than the assessments due on City-owned properties within the DSA PBID.

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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE PROPOSED 2022 ANNUAL OPERATING BUDGET, ASSESSMENT, AND 2021 REPORT FOR THE PROPERTY AND BUSINESS

IMPROVEMENT DISTRICT DESIGNATED AS THE DOWNTOWN STOCKTON

MANAGEMENT DISTRICT
In 1997, the City Council established a Property and Business Improvement District for downtown Stockton; and
The City Council has renewed the Downtown Stockton District as the Downtown Stockton Property and Business Improvement District (DSPBID) and its associated Downtown Management District Plan several times since its formation; and On May 23, 2017, the City Council adopted Resolution No. 2017-05-23-1401, a Resolution of Intention to renew the DSPBID; and
On July 25, 2017, the City Council adopted Resolution 2017-07-25-1501, approving the renewal of the DSPBID for a ten-year period beginning January 1, 2018; and
The DSPBID was established to provide new services and activities, including enhanced maintenance, public security and safety, and marketing and promotions beyond what the City currently provides; and
The adopted Downtown Management District Plan describes a governance framework for the DSPBID, which requires the City of Stockton to contract with a nonprofit corporation to manage DSPBID funds and deliver the enhanced services pursuant to California Streets & Highways Code section 36651; and The Agreement requires City Council approval of the annual operating budget, assessments, and annual report pertaining to the Downtown Stockton Alliance; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council hereby approves the 2022 Annual Operating Budget in the amount of $1,784,749 and annual property assessment in the amount of $1,161,771 as proposed by the Downtown Stockton Alliance for administration, promotion, economic development, security, and maintenance services as further defined in its 2022 Annual 800
Operating Budget and 2021 Annual Report, copies of which are attached hereto as Exhibits 1 and 2, incorporated herein by this reference.

2. The proposed amounts are in compliance with the “Property and Business District Law of 1994” and the charge is levied without regard to property valuations.

3. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED March 22, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
801
Downtown Stockton Alliance
2022 Budget
2022 2021 Variance
Operating Income/Expense
Income
4000 · Assessments - Private Owners 614,650 596,748 3%
4010 · Assessments - Public Agencies 547,121 531,185 3% Total 4000 · Assessments 1,161,771 1,127,933 3%
4019 · Security Contract / Atlas 24,000 24,000 0%
4023 · Banner Income 6,500 6,500 0%
4025 · Full Moon Riders 2,000 2,000 0%
4040 · Contracts - WMN & Sanitation 63,768 61,548 4%
4041 · Equipment Rental 300 300 0%
4042 · Outside Services - Contracts 600 600 0%
4042.01 · Outside Services - Miracle Mile 61,914 60,700 2% 4042.02 · Outside Services - LAZ 231,896 120,776 92%
4090 · Budd Alley Compactor Service 12,000 12,000 0%
4125 · CDBG Restroom Funding 220,000 - 100%
Total Income 1,784,749 1,416,357 26%
Expense
6000 · Payroll & Benefits
6001 · Wages 799,529 721,337 11%
6003 · Workers Compensation Insurance 60,000 52,000 15% 6004 · Payroll Taxes 90,000 80,000 13%
6005 · Parking Reimbursements & Lot Rental 4,400 4,400 0% 6006 · Health Care Benefit
6007 · Kaiser Premiums 32,000 30,000 7%
6010 · Aflac 700 600 17%
6010.01 · Colonial Life 1,300 1,200 8%
6013 · Medicare Reimbursements 3,700 3,500 6%
6017 · Wolfpack Insurance 400 300 33%
Total 6006 · Health Care Benefit 38,100 35,600 7%
6011 · Payroll & HR Service 18,000 18,000 0%
Total 6000 · Payroll & Benefits 1,010,029 911,337 11%
6100 · Education & Networking
6101 · Conferences 5,000 5,000 0%
6102.01 · Business Meals/Meetings 1,000 1,000 0%
6102.03 · Employee Recognition 1,000 1,000 0%
6103 · Travel 3,000 3,000 0%
6104 · Education/Training 2,000 2,000 0%
6105 · Memberships/Dues 1,500 1,500 0%
6106 · Subscriptions 800 500 60%
Total 6100 · Education & Networking 14,300 14,000 2%
For Internal Use Only
Exhibit 1 802
Downtown Stockton Alliance
2022 Budget
2022 2021 Variance
Expense (cont.)
6200 · Advertising/Marketing
6201 · Website 12,000 12,000 0%
6203 · Printing/Paper 3,000 3,000 0%
6206 · Advertising 8,000 8,000 0%
6207 · Gift Baskets & Other Donations 1,000 1,000 0%
Total 6200 · Advertising/Marketing 24,000 24,000 0%
6300 · Event Expenses
6320.14 · Full Moon Riders Downtown Bike 5,000 5,000 0% 6320.17 · Sponsorships/Partnerships 500 500 0%
6320.20 · Music To My Ears Piano Project 100 100 0%
6320.22 · National Night Out 500 500 0%
6320.23 · Utility Box Art 1,500 1,000 50%
Total 6300 · Event Expenses 7,600 7,100 7%
6330 · Banners
6330.01 · Annual Franchise Fee 1,700 1,700 0%
6330.04 · Installation/Removal 1,000 1,000 0%
6330.05 · Banners Printing 2,500 2,500 0%
Total 6330 · Banners 5,200 5,200 0%
6340 · Economic Development
6340.03 · Business Recruitment & Tours 1,000 1,000 0%
6340.16 · Focus Block Improvement Project 85,000 85,000 0% Total 6340 · Economic Development 86,000 86,000 0%
6350 · WEB Projects/Security
6350.05 · Weekend Atlas 24,000 24,000 0%
6350.10 · Budd Alley 14,000 14,000 0%
6350.11 · Mobile Restroom 220,000 - 100%
Total 6350 · WEB Projects/Security 258,000 38,000 579%
6400 · Office Expense & Supplies
6400.01 · Paper 2,000 2,000 0%
6400.02 · Copier Lease & Toner 14,200 13,500 5%
6400.03 · Postage & Mailing 1,500 1,000 50%
6400.04 · General Office Supplies 6,500 6,500 0%
6400.05 · Office Equipment 5,000 5,000 0%
6400.06 · Annual Office Cleaning 700 700 0%
Total 6400 · Office Expense & Supplies 29,900 28,700 4% For Internal Use Only
Exhibit 1 803
Downtown Stockton Alliance
2022 Budget
2022 2021 Variance
Expense (cont.)
6420 · Maintenance & Cleaning
6420.01 · Maintenance Supplies 25,000 20,000 25%
6420.02 · Equipment Repair/Maintenance 20,000 20,000 0% 6420.03 · Equipment Replacement (capital) 25,000 25,000 0% 6420.04 · Equipment Lease/Rental 5,000 500 900%
6420.05 · Radio System 5,000 4,000 25%
6420.06 · Uniforms 10,000 15,000 -33%
6420.07 · Gasoline 8,000 15,000 -47%
6420.08 · Graffiti Removal/Repaint 2,000 700 186%
6420.10 · Maintenance Space Rental 23,000 23,000 0%
6420.16 · Outside Services 5,000 6,000 -17%
Total 6420 · Maintenance & Cleaning 128,000 129,200 -1% 6450 · Safety Ambassador Program
6450.01 · Equipment and Supplies 10,000 - 100%
6450.02 · Gasoline 12,000 - 100%
6450.03 · Uniforms 3,500 - 100%
6450.04 · Equipment Repairs 12,000 - 100%
6450.05 · Miscellaneous Expenses 2,500 - 100%
Total 6450 · Safety Ambassador Program 40,000 - 100%
6500 · Insurance
6501 · General Liability 18,000 17,000 6%
6502 · D & O Insurance 3,000 3,000 0%
6503 · Auto Insurance 20,000 12,000 67%
Total 6500 · Insurance 41,000 32,000 28%
6600 · Taxes
6601 · Personal Property Taxes 1,000 1,000 0%
6604 · Franchise Tax Expense 20 20 0%
Total 6600 · Taxes 1,020 1,020 0%
6700 · Utilities/Rent
6701 · DSL Line (Web site/e-mail) 8,500 8,300 2%
6702 · Telephones 2,700 2,500 8%
6703 · Cell Phones 2,500 2,500 0%
6704 · Utilities
6704.01 · PG&E 9,000 8,000 13%
6704.05 · Alarm System 800 800 0%
6704.06 · Common Area Charges 5,000 6,500 -23%
Total 6704 · Utilities 14,800 15,300 -3%
6705 · Office Lease 51,000 51,000 0%
Total 6700 · Utilities/Rent 79,500 79,600 0%
For Internal Use Only
Exhibit 1 804
Downtown Stockton Alliance
2022 Budget
2022 2021 Variance
Expense (cont.)
6800 · Professional & Fin. Services
6802 · Other Services 700 700 0%
6805 · Accounting Fees
6805.01 · Accounting Fees 10,000 10,000 0%
6805.02 · Willdan Assessment Service 3,500 3,500 0%
Total 6805 · Accounting Fees 13,500 13,500 0%
6806 · I.T. 10,000 10,000 0%
6812 · Authorize.net & Vantiv 2,000 2,000 0%
Total 6800 · Professional & Fin. Services 26,200 26,200 0% 6900 · Miscellaneous Expense 2,000 2,000 0%
Total Expense 1,752,749 1,384,357 27%
Net Operating Income/Expense 32,000 32,000 0%
Other Income/Expense
Other Expense
9000 ·Reserves 10,000 10,000 0%
9100 · Outside Service Contract Projects 22,000 22,000 0% Total Other Expense 32,000 32,000 0%
Net Other Income/Expense 32,000 32,000 0%
Net Income/Expense - - 100%
For Internal Use Only
Exhibit 1 805
DOWNTOWN STOCKTON ALLIANCE // 2021 ANNUAL REPORT 1
Exhibit 2 806
2 2021 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE
Exhibit 2 807
DOWNTOWN STOCKTON ALLIANCE // 2021 ANNUAL REPORT 3

BOARD OF DIRECTORS

LETTER FROM THE CEO

DSA STAFF

DOWNTOWN BY THE NUMBERS

MARKETING

ECONOMIC DEVELOPMENT
2021 & 2022 BUDGETS

SPECIAL EVENTS
GOALS FOR 2022
14 15
17 19
21 5
6 8
10 For decades, Downtown Stockton was an
urban core awaiting renaissance. Today, we
are experiencing new investment & business
openings, housing development, and an
explosion of cultural and arts initiatives.

The Downtown Stockton Alliance (DSA) is a
major partner contributing to environmental
improvements and economic development
downtown. We are an advocate for great
downtown projects, a partner in strategies for
promoting investment, and a liaison to many
community partners interested in downtown
events and opportunities.

DSA oversees the safety, maintenance, and
hospitality of downtown; supports public and
private partnerships; encourages investment;
co-sponsors special events, arts, and cultural
activities downtown. These efforts are funded
through the 123-square block Downtown
Property Based Business Improvement District
established in 1997 and recertified in
2002, 2007 and 2017. Our PBID promotes
business, housing, arts & entertainment to
help create a vibrant, sustainable, and urban
community in Downtown Stockton.

TABLE OF CONTENTS

OUR MISSION
Exhibit 2 808
4 2021 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE
Exhibit 2 809
DOWNTOWN STOCKTON ALLIANCE // 2021 ANNUAL REPORT 5
Not Pictured:

STEVE KIHLTHAU, Stockton Police Department
2021 BOARD OF DIRECTORS

TONY YADON
Parents By Choice

MATT AMEN
Huddle x LaunchPad

MARCIA CUNNINGHAM
San Joaquin County

CARLOS JIMENEZ
MXGlobal

DAVID LIPARI
SJ Regional Rail Commission

TINA MCCARTY
City of Stockton EDD

MAHALA BURNS
Cort Companies

MERAB TALAMANTES
SJ Regional Transit District

BEJAN BROUKHIM
Property Owner

RUDI BLONDIA
Excelitas Technologies

JANE STEINKAMP
Gypseyproject LLC

BEJAN BROUKHIM
Simply Divine Inc.

KARI MCNICKLE
SJ Bike Coalition
Exhibit 2 810
6 2021 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE

MESSAGE FROM THE EXECUTIVE DIRECTOR
2021 was the road back to normality
in Downtown Stockton. With COVID-19
cases waning, businesses, schools,
and restaurants reopened; Downtown
started to come back to life. People
were able to enjoy their favorite
restaurants, crowds poured back into
the movie theater, and Stockton Arena
and Bob Hope (Fox) slowly began to
reopen for shows and events. The
Stockton Ports had fans return to enjoy
America’s pastime and the children
that attend our schools in downtown
came back to in-person classes.

The Downtown Stockton Alliance
(DSA) staff returned to the office after
working from home for several months.

It was nice to have everyone back. I
really enjoy the daily interaction of these
amazing people that work effortlessly
to make our beautiful downtown a
destination for work, live, and play.

Throughout all the adversity, we
accomplished a lot of work downtown.

This year, we began operation of a
Portable Bathroom Shower Unit (PBSU)
at St John’s Church. This program has
exceeded our threshold for success and
gives some hope to the underserved
through providing a dignified place to
use the restroom and take a shower.

Open Monday through Friday, the
PBSU serves an average of forty
users a day. Along with other partner
organizations that provide clothing,
COVID-19 testing and vaccinations, and
laundry service on site, the DSA began
to provide sandwiches three days a
week from Orlando’s Market. We have
noticed a behavior change in some
of the individuals served. Everyone
feels better after a hot shower and a
good lunch. Deacon Steve Bentley
recently shared with me that a large
percent of people attending mass at
his services on Sunday are people
that utilize the PBSU. My thanks goes
out to our DSA Ambassador Shirley
Griffith who supervises the unit and
the two Ready to Work Attendants
who work very hard at enrolling users
and keeping the units clean and
stocked with product. These three
have befriended some and counseled
others who are looking for information
of additional services in order to put
themselves in better living situation.

We finished the Chung Wah Lane
Chinese Plaza, a project of which I am
immensely proud. A year in the making,
this fifty-two-year-old historic plaza, with
two-hundred-foot dragons inlaid one
rock at a time into the ground, is now
active. The area is now seen with visitors
taking selfies next to the Foo Dogs
guarding the entrances. In February,
our City Manager Harry Black was a
keynote speaker for the reclamation
dedication. The event was attended
by hundreds of people that included
local dignitaries of the City of Stockton
and San Joaquin County, members of
Chinese communities, and the public.

We held the Mid-Autumn Festival at
Chung Wah in September with live
performances, food, and mooncakes.

We participated in the COS Miner
Avenue Street Improvement Project.

This improvement project will give
Miner Ave. a completely fresh look;
it will be one of the most beautiful
streets in Stockton. The avenue will
be converted from a four-lane street
into a two-lane with bike lanes. In
addition, a wonderful, landscaped
median, with a roundabout at the Sutter
intersection, will feature the Spire that
once graced the city as the center
piece in the Hunter Square fountain.

This amazing piece of art is being
repurposed for all generations to enjoy.

Speaking of Hunter Square, we are
currently working on this beautification
project. The location, near the Bob
Hope (Fox) Theater, is traveled by
hundreds of people daily going to
work, visiting the Courthouse, or
waiting for a show. We entered into an
agreement with the City of Stockton to
relandscape the area; add two huge
abstract art pieces; paint the utility
box, kiosk, and light poles with vibrant
colors; and add banners to celebrate
our city as the most diverse community
in the country. “Diversity Plaza” will
become an area for all to enjoy and a
representation of our many cultures.

As part of the recovery from the
pandemic, we were a partner in
the Relief Across Downtown (RAD)
program. The RAD cards offered a
dollar-for-dollar match for people
that use the card to purchase food
at our participating restaurants.

We participated in the City of
Stockton’s Investor Summit that was
attended by over two hundred interested
parties in hopes of bringing commerce
Exhibit 2 811
and redevelopment to Downtown.

In May, we started a Tuesday night
music series in Janet Leigh Plaza
to help bring people downtown to
experience live music and visit new
businesses. Every Tuesday, we hosted
the same band to entertain the crowds
at this free community event. Our
first month, we hosted the Take Five
Jazz Professors from UOP for Jazz in
the Plazz. In September, we hosted
Torres Tuesdays with the Mike Torres
Jr. Band. When we received positive
community response, we followed up in
October to host Total Request Tuesdays
with the Phillip Moncrease Band. In
2022, we will continue to expand
on our Tuesday night music series.

Looking into the success of our
Safety Ambassador program and the
overwhelming positive feedback from
businesses, residents, employees, and
visitors of Downtown, we expanded
the program by adding another patrol
vehicle and four more Ambassadors.

Additionally, our digital content
continued to develop with new projects.

We added Doorways to Downtown,
which featured local businesses,
started a new vlog series to highlight
life in downtown, added new episodes
to the Spirits of Downtown series
and continued our Talk to Downtown
series with Courtney Wood as our host.

To wrap up the year, we purchased
Christmas toys for underserved children
and donated them to Parents by Choice,
One TLC School for Homeless Children,
and the Hell’s Angels annual toy drive.

I want to thank the amazing Board of
Directors led by Chair, Kari McNickle, for
their guidance, support, and oversite of
the DSA organization. The Board is made
up of volunteer property owners, business
owners, City and County representatives,
residents, and Downtown employees.

Lastly, but most importantly, I want to
thank the staff at the DSA. They inspire
me and I am honored to work side by
side with each one of them. These are
some of the most committed people
I have ever had the pleasure to lead
and without their enthusiastic pride and
passion for the mission we would not be
able to accomplish the great work that
we do in Downtown. I want them to all
know that I am thankful and grateful for
the 100 percent effort they make every
day, and that Downtown is truly blessed
to have them.

Looking forward to the future,
Michael Huber
DSA Executive Director
Exhibit 2 812

CHARISSE LOWRY
Office & Operations

JOHNNY PALACIOS
Ambassador

COURTNEY WOOD
Economic Development

ARNDREA WATERS
Safety Ambassador

SHIRLEY GRIFFITH
Ambassador

DSA STAFF

BEN SANCHEZ
Marketing
Exhibit 2 813
DOWNTOWN STOCKTON ALLIANCE // 2021 ANNUAL REPORT 9
Maintenance Team
(Top Photo,
Left to Right)
Seth Elwell,
Ricky Washington,
Jesse Correa,
Robert Carranco,
Ed Severn,
Bobby Jones,
Steve Murray
Safety Ambassadors
(Bottom Photo,
Left to Right)
Chavelle Simms,
James Harris,
Ace Waters,
Dejon Underdue,
Jeffrey Ascheman
Exhibit 2 814
Exhibit 2 815
Exhibit 2 816
12 2021 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE
800 HOSPITALITY HOURS

DEMOGRAPHICS
5,378

PUBLICATIONS
4,243

VISITORS ASSISTED
1,325

BUSINESS CONTACTS

HOSPITALITY
Population
within 1 mile
Employment
Rate

HOSPITALITY

ESCORTS
Average
Households Income Families
30 22,104 7,885 4,179 85.65% $39.2K

DISTRIBUTED
989

EVENTS ADDED

TO CALENDER
SAFETY
Exhibit 2 817
DOWNTOWN STOCKTON ALLIANCE // 2021 ANNUAL REPORT 13

MAINTENANCE

PBSU PROGRAM
Exhibit 2 818

MARKETING
This has been quite a year for many of
us. Last year, the DSA marketing team
navigated through these challenges in the
pandemic by focusing on digital marketing
with consistent scheduling, giveaway
contests, and video content. The marketing
shift remains the same in 2021. We finetuned our marketing approach toward a creative, and authentic process to visual
storytelling. Blog content fell in line with
video content and focused on featured
articles rather than a micro blog approach.

We introduced vlogs as another avenue
to showcase life in downtown Stockton;
Doorways to Downtown as a way to
showcase businesses; and Instagram reels
to integrated more visual content.

While Doorways is very structured in
the presentation, vlogs feel lighthearted,
unscripted, and natural. Reels became
a new starting point for our downtown
stories on Facebook and Instagram, as they
continue to highlight original content. Both
play key roles in assisting businesses and
informing the community about events and
announcements.

What if the business owner spoke
directly to the audience? This was the idea.

Help direct business owners and have
them address the community about their
small business. Throughout this process,
we enhanced Doorways to Downtown
content, highlighting the people behind
the business. These reels were successful
month-to-month, with our highest reel over
14,000 views.

We developed a similar approach to
the DSELF program. The DSELF program
needed an authentic story to share with the
business community about the success and
impact on a specific storefront in downtown.

The shift in style directly changed our
stories and vlog segments, adding new
layers of promotion through short clips and
screenshots.

Capturing screenshots from our videos
started a trend throughout the year. We
snapped moments from videos and noticed
more engagement to help promote our
YouTube channel. Promoting our YouTube
channel was one main goal in 2021. With
the success of Spirits of Downtown and Talk
to Downtown in 2020, we revitalized the
channel, offering more varied content and
sprinkling in shorter videos featuring our
vlog thoughts or introducing new people at
the DSA.

Additionally, social media platforms
continue to grow in 2021 with our
Instagram account reaching over 10,000
followers! We continued swag giveaways,
engagement with historic downtown
photos, business events, and highlights.

The positive feedback from the community
helped us continue to develop the changes
you see on Instagram. Stories created
first person immersion as we explored
downtown and felt the vibe and culture of
old and new spaces. We hosted National
Night Out 2021, our first large-scale inperson event since 2019. This event had a great turn out of community participants and
local vendors gathering for a night of music
and activities.

The transitional period in 2021 for the
marketing team brought new challenges
with new members coming onboard to
the Downtown Stockton Alliance. These
changes brought new insight for our website
development. We realize our website
is a large component for our content,
events calendar, directories, and general
information. At this time, our new website
project is scheduled to launch in Spring
of 2022. With a creative, fresh design
providing more functionality and interactive
features for desktop and mobile users, we
are excited to share this with the community
and new visitors when the website launches
in 2022.

Best,
Ben Sanchez,
DSA Marketing Coordinator
2021 GROWTH
Instagram Followers Twitter Followers Facebook Followers YouTube Lifetime Views Website
10,344 4,459 7,632 15,057
+7.1%
56,415 New Users
99,795 Page Views
+0.49% +18.8% +49.5%
Exhibit 2 819
DOWNTOWN STOCKTON ALLIANCE // 2021 ANNUAL REPORT 15
2021 STATS

ECONOMIC DEVELOPMENT
The first half of 2021 looked similar to
2020 for the Downtown Stockton economy,
but midway through the year, workers
began trickling back into their offices,
and event venues began hosting sporting
events, concerts, and comedy shows once
again. We may not be fully back to prepandemic levels of business activity, but we are certainly on our way!
This year, Downtown saw the opening of
at least 18 new businesses, the closing of 21
businesses, and the sale of 48 properties.

At year’s end, there were at least 423
businesses in the district and 50 properties
listed as for sale or for lease in our real
estate directory.

DSA continued pandemic support for
stakeholders this year by maintaining our
COVID-19 resource page; promoting the
Relief Across Downtown (RAD) Program;
sending 8 COVID-19-specific resource
enewsletters; sharing COVID-19 resources
via social media; participating in City of
Stockton COVID-19 Community Resource
meetings; and encouraging businesses
to take the Stockton Healthy Pledge. Our
Downtown Stockton Enterprise Loan Fund
(DSELF) Board continued deferral of both
payments and interest for DSELF loan
borrowers from January – July 2021.

We also were selected to participate
in a disaaster recovery research study
conducted by the International Economic
Dev. Council (IEDC) which is aimed at
discovering what strategies are most
effective at helping economies recover
from events like the pandemic.

Outside of COVID-19, 2021 was a busy
year for communicating with, supporting,
and highlighting our stakeholders.

We continued to send out targeted
monthly enewsletters (12 to property
owners; 12 to business owners) to keep
stakeholders informed about resources,
the work of the DSA, and what’s happening
Downtown. We also sent 7 additional
enewsletters regarding non-COVID-19-
related grants, events, and resources..

We hosted a 2nd season – 13 episodes
– of monthly Facebook Live series Talk
to Downtown. This series has been an
avenue for business owners, property
owners, residents, and visitors to learn what
organizations and leaders in our community
do, and what new things are coming
to Downtown! Our 12 regular episodes
featured representatives from:
• COS Building Dep.
• COS Economic Dev. Dep.
• COS Mayor’s Office
• COS PD & CS Division
• COS Public Works
• COS Special Events
• SJ Council of Governments
• SJ District 1 Supervisor
• SJ Joint Powers Authority
• SJ Office of Education
• SJ Regional Transit District
• DSA
We also hosted a bonus episode in May – a
retail business panel featuring KTJ Design,
Martinez Tailor Shop, and FarOut Foliage –
as a part of Small Business Week. All Talk to
Downtown videos are archived on our
Youtube Channel -- check them out!
In addition to our regular blogs and
social media features supporting Downtown
businesses, this year we launched a
monthly video series called Doorways to
Downtown! This series captures business
owners talking about their vision, products/
services, and unique value proposition. It’s
a great way to help the public get to know
our businesses and the real people behind
them! We created 9 videos, featuring:
• KTTS
• UNIQO
• Beas Auto Sales
• Martinez Tailor Shop
• FarOut Foliage
• Wall 2 Wall Fashion
• Huddle x Launchpad
• Dealerz Choice
• Parents by Choice
We offered additional business support this
year through our 1st Grow with Google
livestream -- Sell More With An Engaging
Email Marketing Strategy.

In terms of real estate or property features
in 2021, we continued the 4th year of our
weekly #propertymondays campaign, with
38 posts highlighting 31 unique properties,
resulting in 30,685 views on Facebook, and
helping us to achieve over 1,044 page views
of our Real Estate Directory. We also added
2 new Spirits of Downtown episodes which
explored paranormal activity in the Mansion
House and the Masonic Temple.

In 2022, we will provide continued
economic development support
through enewsletters, digital promotion
of businesses and properties; Talk to
Downtown; Doorways to Downtown; Spirits
of Downtown; DSELF information sessions;
and several planned events. We are happy
to support you, our stakeholders, in the new
year!
Best,
Courtney Wood,
DSA Economic Development Director
12 Business
Owner
Newsletters
12 Property
Owner
Newsletters
8 COVID-19
Resource
Notices

26.3% Open Rate +18.7% 44% Open Rate 33.6% Open Rate
Exhibit 2 820
16 2021 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE
Exhibit 2 821
DOWNTOWN STOCKTON ALLIANCE // 2021 ANNUAL REPORT 17
2021
2022
INCOME
Assessments
Annual Security Revenue
Banner Income
Full Moon Riders
Contracts - WMN & Sanitation
Equipment Rental
Outside Service - Contracts
Outside Service - Miracle Mile
Outside Service - LAZ
Budd Alley Compactor Service
CDBG Restroom Funding

TOTAL INCOME
$1,161,771.00
$24,000.00
$6,500
$2,000.00
$63,768.00
$300.00
$600.00
$61,914.00
$231,896.00
$12,000.00
$220,000.00
$1,784,749.00

EXPENSES
Payroll & Benefits
Education & Networking
Advertising/Marketing
Event Expenses
Banners
Economic Development
WEB Projects/Security
Office Expenses & Supplies
Maintenance & Cleaning
Safety Ambassador Program
Insurance
Taxes
Utilities/Rent
Professional & Fin. Services
Miscellaneous Expense
Reserves
Outside Service Contract
Projects

TOTAL EXPENSES
$1,010,029.00
$14,300.00
$24,000.00
$7,600.00
$5,200.00
$86,000.00
$258,000.00
$29,900.00
$128,000.00
$40,000.00
$41,000.00
$1,020.00
$79,500.00
$26,200.00
$2,000.00
$10,000.00
$22,000.00
$1,784,749.00
TOTAL INCOME $1,748,772.35
TOTAL EXPENSES $1,696,066.74
Assessments
Annual Security Revenue
Banner Income
Full Moon Riders
Contracts - WMN & Sanitation
Equipment Rental
Outside Service - Contracts
Outside Service - Miracle Mile
Outside Service - SP Plus
Power Washing Services
Insurance Reimbursment
Miscellaneous Income
Budd Alley Compactor Service
CDBG Restroom Funding
CARE Funds
Transfer from Assessment Account
Transfer from Outside Services
Other Income
$1,126,115.44
$22,248.00
$7,100.00
$338.95
$63,674.72
$0
$300.00
$64,950.99
$142,436.00
$5,375.00
$17,252.08
$130.74
$13,376.46
$134,030.03
$40,810.06
$10,631.08
$100,000.00
$2.80
INCOME
$1,004,336.13
$11,122.59
$17,031.54
$3,581.21
$3,913.29
$124,354.79
$131,954.75
$16,160.20
$182,645.47
$64,923.79
$231.51
$78,279.26
$26,739.32
$1,756.20
$10,000.00
$19,036.69
Payroll & Benefits
Education & Networking
Advertising/Marketing
Event Expenses
Banners
Economic Development
WEB Projects/Security
Office Expenses & Supplies
Maintenance & Cleaning
Insurance
Taxes
Utilities/Rent
Professional & Fin. Services
Miscellaneous Expense
Reserves
Other Expenses

EXPENSES
NET INCOME $52,705.61
Exhibit 2 822
18 2021 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE
Exhibit 2 823
DOWNTOWN STOCKTON ALLIANCE // 2021 ANNUAL REPORT 19
Chinese Harvest Moon Festival
Chung Wah Grand Opening
Full Moon Riders
Grow With Google Marketing Webinar
Music in Janet Leigh Plaza
National Night Out
Santa Saturday in Janet Leigh Plaza
Community Resource Meetings
Parents by Choice Trick or Treat
Downtown Business Watch
Downtown Investor Summit
Homeless School Toy Drive
Intl. Economic Dev. Council (IEDC) Pandemic
Study
Parents By Choice Christmas Toy Drive
RAD Card Program Launch
SJCOG RTP/SCS Working Group
Stockton Hell’s Angels Toy Drive
Stockton PD Trunk or Treat
General
Bank of Stockton
Caltrans
City of Stockton (COS)
COS Economic
Development (EDD)
COS Parking
Cort Companies
Intl. Economic Dev. Council
LAZ Parking
Mexican Heritage Center
Miracle Mile Improvement
District
Parents by Choice
Port of Stockton
SJCOG
SJC Economic Development
Stockton Heat
Stockton Kings
Stockton Police Department
Stockton Ports
Visit Stockton
Chung Wah Grand
Opening
Chinese Benevolent
Association of Stockton
City Manager’s Office
Councilmember Christina
Fugazi
Little Manila
Red Phoenix Rising
Diversity Plaza

COS EDD
Full Moon Riders
Blazin’ Cajun
Dealerz Choice
Dry Cleaners
Elissa’s Kitchen
Empresso Coffeehouse
John Thomason Art
La Placita
Luna Jimenez
Misaki
Nash + Tender
Patti’s Junk Art
Performance Bicycle
SJ Bike Coalition
Stockton PD
Mid-Autumn Festival
Chinese Benevolent
Association of Stockton
Central Valley AsianAmerican Chamber
Chinese Cultural Society of
Stockton
Filipino American National
OUR 2021 PARTNERS

EVENTS PARTICIPATED IN

SPECIAL EVENTS & PROJECTS

EVENTS HOSTED OR ORGANIZED
Chung Wah Lane Revitalization
Diversity Plaza
Doorways to Downtown
Downtown Vlog
PBSU Homeless Shower Program
Spirits of Downtown
Talk to Downtown

PROJECTS
Historical Society
Locke Foundation
Joy Neas
Sylvia Minnick
National Night Out
105.9 The Bull
COS Stockton EDD
COS Stockton Fire Dep.

HATCH Workshop
LAZ Parking
Parents By Choice
SJ RTD
Stockton City Council
Stockton PD
Stockton Ports
The Write Place
Visit Stockton
Music To Our Ears
Hotel Stockton
Parents By Choice
The HUB
PBSU
Loads of Hope Laundry
Orlando’s Deli
Ready to Work
SJC Public Health Services
St. John’s Episcopal Church
Talk to Downtown
COS Building Department

COS EDD
COS Mayor’s Office
COS PD & CS Division
COS Public Works
COS Special Events
SJ Council of Governments
SJ District 1 Supervisor
SJ Joint Powers Authority
SJ Office of Education
SJ Regional Transit District
Exhibit 2 824
20 2021 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE
Chung Wah Festival
Exhibit 2 825
DOWNTOWN STOCKTON ALLIANCE // 2021 ANNUAL REPORT 21
• Continue operation and maintenance
of the Portable Bathroom & Shower
unit at St. John’s Church.
• Expand the outreach of our Safety
Ambassador program and
collaboration with Stockton PD.
• Complete new beautification
projects.
• Continue with our webinar series
Talk to Downtown, the Downtown
vlog, Spirits of Downtown, and
Doorways to Downtown.
• Promote our DSELF program.
• Continue hosting music in Janet
Leigh Plaza and Full Moon Riders.
• Continue to advocate for property
owners.
• Recruit, support, & promote
downtown businesses.
2022 GOALS
Exhibit 2 826
22 2021 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE
Exhibit 2 827
DOWNTOWN STOCKTON ALLIANCE // 2021 ANNUAL REPORT 23
Exhibit 2 828
125 Bridge Place, 3rd Floor
P.O. Box 2375
Stockton, CA 95201
www.downtownstockton.org

POSTAGE
Exhibit 2 829
2021 - 2022
Downtown Stockton Alliance
March 22, 2022
City Council Meeting
Agenda Item 15.2
830
Covid Response
• Covid
‒ 19 Website Resource Page
• Covid
‒ 19 Enewsletters to stakeholders
• PPE Distribution• Test Kit Distribution
• IEDC COVID-19 Research Study:
• Downtown Stockton was 1 of 8
communities nationwide chosen to participate in the International Economic Development Council COVID-19 recovery research project 831
Safety
• Safety
Ambassador Program
‒
50% reduction in burglaries and property vandalism to date 832
Events
• Events
• Chinese Harvest Moon Festival• Chung Wah Grand Opening• Full Moon Riders• Grow With Google Marketing Webinar • Music in Janet Leigh Plaza• National Night Out• Santa Saturday in Janet Leigh Plaza 833
Marketing Video
Series
• Spirits of Downtown• (Ghost Tour video series)
• 2021 Locations:
• Mansion House• Masonic Temple
• Talk to Downtown• (Webinar via Facebook Live)
• 2021 Guests:
• COS Building Department• COS EDD• COS Mayor’s Office• COS PD & CS Division• COS Public Works• COS Special Events• SJ Council of Governments• SJ District 1 Supervisor• SJ Joint Powers Authority SJ Office of Education
• SJ Regional Transit District• DSA Staff
• NEW! Doorways to Downtown • (Business spotlight series) • Locations:
• KTTS• UNIQO• Beas Auto Sales• Martinez Tailor Shop• FarOut Foliage• Wall 2 Wall Fashion• Huddle x Launchpad• Dealerz Choice• Parents by Choice • NEW! Downtown Vlog• (Downtown experience series)
• 3 vlogs
834
Chung Wah Restoration
Complete!
835
Portable Bathroom &
Shower Unit
• Since mid-January of 2021:
• 8,617 total USES to date• 968 total unique USERS to date• 208 new entries in HMIS to date
• Funded by City of Stockton and
SJC ESG/CDBG/ funds
836
Moving Forward
• Continuation of:
• Spirits of Downtown Video Series• Talk to Downtown Webinar Series• Doorways to Downtown• Downtown Vlog• PBSU Program• Music in Janet Leigh Plaza• Advocacy• Supporting Downtown businesses • Increased promotion of
Downtown Stockton Enterprise Loan Fund (DSELF)
• New beautification projects
837
Diversity Plaza
Old Hunter Square
838
Thank You
839
City of Stockton
Legislation Text
File #: 22-0132, Version: 1
ADOPT THE 2022 STATE AND FEDERAL LEGISLATIVE PROGRAMS

RECOMMENDATION
It is recommended that the City Council adopt by motion the 2022 State and Federal Legislative Programs and authorize the City Manager to pursue the objectives outlined in these Programs through advocacy efforts in Sacramento and Washington D.C.

Summary
Maintaining a strong presence in both Sacramento and Washington D.C. is essential to the City of Stockton to ensure funding, advance beneficial legislation, and prevent harmful legislation or rulemaking. This is most effectively done using consulting services to represent the City of Stockton (City) in carrying out its legislative programs and advocating its public policy, positions, concerns, needs, and recommendations at the state and federal levels.

In recent years the City has developed, and Council has adopted, legislative programs that outline the City’s advocacy priorities and positions. This allows the City to be responsive to developments in state and federal issues and pursue funding and legislation that benefits our community. The State and Federal Legislative Programs have proven to be valuable tools to direct the City’s legislative advocacy efforts.

The legislative programs presented for Council consideration and adoption have been updated for the 2022 legislative sessions to adjust for the City’s priorities, leverage advocacy efforts, and address emerging issues.

DISCUSSION
Background
The City of Stockton (City) adopted its first formal State and Federal Legislative Programs for the calendar year 2012. Prior to 2012, the City of Stockton had not adopted formal legislative programs and, as a result, the City’s legislative priorities and the impacts of legislation on the City were not entirely clear to our legislative delegations. Since then, the City has been diligent in developing and adopting State and Federal Legislative Programs to provide a unified focus and establish principles, priorities, and City positions related to state and federal legislative matters.

Throughout each year, the State Legislature and the United States Congress initiate legislation, some of which affects local government. The League of California Cities and contracted legislative advocacy firms keep the City of Stockton informed on proposed legislation from these bodies. The National League of Cities (NLC) also provides information and advocacy for municipalities at the City of Stockton Page 1 of 5 Printed on 3/15/2022
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federal level. At times, it is in the City’s best interest to take a position on proposed legislation or funding opportunities. The Council adopts the annual legislative programs to provide the parameters and authority for staff and designated City advocates to pursue the City’s interests in a timely manner within a rapidly changing environment.

Since 2012, legislative programs have been developed by staff in the City Manager’s Office based on previous legislative positions taken by the City, the adopted Council goals, benchmarking of other comparable municipalities, and in anticipation of key issues coming forward in each respective year.

The legislative programs are also revised in consultation with City departments, state and federal legislative advocates, and then presented to the City Council for consideration and adoption.

On February 28, 2022, the City coordinated the annual Strategic Planning workshop with Mayor and Council members to provide an overview of past accomplishments and update the current federal and state administration priorities. During the workshop, the Mayor and Council provided input into the City’s state and federal priorities to refine the most significant issues. The result is the combined efforts of staff and our legislative advocates, which will continue to inform legislative advocacy efforts in Sacramento and Washington D.C.

Some examples of priorities pursued throughout State Legislative Programs include advocating for Stockton’s fair share of CARES Act relief funds and working with the Department of Finance to ensure maximum flexibility in spending CARES funds; working with Senator Eggman to secure $5.4 million to repair municipal pools in Stockton; working with the State Water Board to move along a $47.5 million Statewide Revolving Fund (SRF) loan application for upgrades to the sewage treatment plant; pursuing opportunities on multiple fronts with Senate and Assembly representatives and State Water Board staff to fund the rehabilitation of two groundwater wells in South Stockton; securing funding of $27 million in Cap-and-Trade Sustaining Community Funds for Hunter House; continuing to advocate for active transportation, infrastructure and affordable housing resources, as well as reasonable and measured relief from state-regulated flood requirements.

Examples of priorities pursued through our Federal Legislative Program in recent years include assistance in securing a $108 million loan through the Water Infrastructure Finance and Innovation Act (WIFIA); working with the United States Army Corps of Engineers to secure appropriate permitting for the Holman Bridge project; ongoing work to support public safety grants from the Bureau of Justice Assistance; providing status updates and informational documentation on federal legislation such as American Rescue Plan Act (ARPA); monitoring and advising City staff of federal grant funding opportunities; and providing guidance on submitting applications for Community Project Funding House appropriations for the 2022 year.

In recent years, the legislative programs were shared by our legislative advocates with all members of our respective legislative delegations as well as with key staffers in both state and federal executive departments. This made our positions and priorities clear and public before legislation began to be drafted and project lists established.

Present Situation
On December 13, 2016, the City Council approved Motion 2016-12-13-1501 authorizing the City Manager to enter into legislative advocacy contracts with a state and a federal legislative advocacy firm. Each three-year contract had a maximum term of five calendar years - in place from 2017-2021 City of Stockton Page 2 of 5 Printed on 3/15/2022
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- which included two (2) one-year extensions. In 2021, the City exercised the final extensions of the state and federal legislative advocacy contracts with the two consulting firms, which would expire on December 31, 2021.

In mid-2021, the City issued Requests for Proposals (RFPs) to secure new agreements for the 2022 session. On August 19, 2021, two separate RFPs were advertised in Bid Flash inviting proponents to provide 1) Federal Legislative Consulting and Advocacy Services (PUR 21-017) and 2) State Legislative Consulting and Advocacy Services (PUR 21-018). The RFPs were also publicized in the Stockton Record on August 19. Additionally, City staff had identified a list of 35 other potentially qualified firms, who, along with the incumbent firms, were electronically notified of the solicitations by Procurement staff.

Bids were opened on September 16, 2021. Of the 27 federal firms and 9 state firms that had been notified of the solicitations, three federal firms and one state firm responded. A selection panel composed of City staff reviewed and ranked the proposals based on these criteria:
· Qualifications of the organization, Overall experience, and Recent public sector experience conducting similar lobbying and/or funding efforts
· Approach and strategic fit consistent with the objectives of the City · Cost associated with proposed plan
· Quality and clarity of proposal
· Professional references
Among the three federal proponents, the selection panel ranked Summit Strategies Government Affairs LLC (Summit) with the highest score. Summit was founded by five partners with a history of advocacy on behalf of public governments, who offer expertise in the areas of transportation, economic development, livability and sustainability programs, and environmental policy. Together the Summit partners have worked on congressional funding projects to secure successful earmarks for Community-Oriented Policing Services funding, violence prevention and youth outreach initiatives, and broadband technology to deploy fiber and expand access to low-cost internet service.

At the state level, the sole proponent and incumbent Emanuels Jones & Associates provided a professional and thorough response, and City staff are confident that the firm will continue to bring the same level of tailored, knowledgeable, and exemplary service as has been proven throughout their prior contractual terms.

On December 7, 2021, Council approved Motion 2021-12-07-1201 authorizing the City Manager to enter into a three-year contract with Summit Strategies Government Affairs LLC and a three-year contract with Emanuels Jones & Associates to provide legislative advocacy services and represent the City before the United States Government and the State of California respectively.

Over the past year, City staff has engaged with our advocates to assess the needs and opportunities of the City, determine areas of improvement, and prepare legislative priorities for the coming year.

The proposed 2022 State and Federal Legislative Program (Attachment A) was developed by staff in the City Manager’s Office in consultation with City Council, City staff, and with feedback from our legislative advocates. Input from the February Strategic Planning workshop has also been incorporated into the State and Federal Legislative Program.

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The Legislative Programs continue to follow the outline established in previous years, including Legislative Principles, Priorities, and Positions.
· Legislative Principles are foundational statements of broad legislative objectives or philosophies that form the basis for establishing legislative priorities and positions. · Legislative Priorities are the key issues that the City and contracted advocates will be pursuing; it is the task list or scope of work for advocacy in a given year. · Legislative Positions are statements related to other legislative themes or issues that have come up in the past or that the City anticipates may come up in the future. They are not priority issues, but if legislation arises, and the City needs to issue a letter of support or opposition, the position of the City has already been established.

The intent is to annually update the Legislative Programs at the beginning of each legislative session.

Legislative Priorities may vary significantly from year to year while Legislative Positions may somewhat change, and Legislative Principles should remain fairly consistent.

Priorities for the City of Stockton established in the State and Federal Legislative Program not only represent the City’s key interests, but they align with present and emerging state and federal administration priorities. The 2022 State Priorities seek funding to close the City’s fiber gap and prioritize digital equity, and funding to address management of homelessness environmental impacts through waterway cleanup and water quality improvement. As a new program innovation for this year, the City will target youth development by providing opportunities for youth to work and learn in emerging industries, with a focus on connecting youth with relevant skills and experience needed for the future workforce landscape. State advocacy efforts will include incentivizing missing middle housing stock and pursuing funding for workforce housing, as well as securing additional funding for aquatics infrastructure repairs and added amenities to City aquatic facilities.

The proposed 2022 Federal Legislative Priorities include the same emphasis on youth development through training and workforce skilling, and funding to close the City’s fiber gap and prioritize digital equity. The City will actively seek budget allocations for major transportation infrastructure projects to improve roadway efficiency and safety at the important regional arterials of Arch-Airport Road and the Lower Sacramento Road Corridor. Federal priorities also include funding to develop staff, improve security protocols and upgrade technology to build out the City’s cybersecurity program. Additionally, the City aims to secure funding for a new ladder truck and personnel to restore Fire emergency services that were suspended during bankruptcy.

Revisions to the 2022 State Legislative Priorities represent refinement in our action plans to best position the City to take advantage of new State funding. With increased presence in Sacramento in recent years, the City has had better understanding of opportunities and risks related to our state advocacy. Recent State Legislative Programs have recognized that critical new funding packages were anticipated for transportation infrastructure and housing. Our state legislative advocates have been very active in developing language for these packages, as well as understanding the regulations related to the funding as packages have materialized.

With the new administration, priorities have transitioned at the Federal level. The proposed 2022 Federal Legislative Program maintains the City’s position on key issues and establishes assertive City of Stockton Page 4 of 5 Printed on 3/15/2022
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action plans for new opportunities based on themes that have emerged as priorities for the new administration. Current priorities are centered upon economic stability for businesses, climate action, environmental equity, and infrastructure. Infrastructure funding interests include repairs to the Charter Way Bridge/Underpass and joint partnership with the San Joaquin Rail Commission to address issues/impacts related to the Diamond Grade Separation Project.

For proposed legislation either consistent with the City’s legislative programs or consistent with legislative positions the City has taken in the past, adoption of the 2022 Legislative Programs will provide the necessary authorization that will allow City staff, under the direction of the City Manager, to prepare position letters for signature. All members of City Council will receive copies of position letters that are sent. The City’s advocacy firms may also be authorized to express the City’s position in person to legislative representatives.

Once adopted, the 2022 State and Federal Legislative Programs will provide the parameters and authority for staff and advocates to pursue City of Stockton interests with the state and federal governments. This will allow the City to act quickly and efficiently in cases where we have simply been unable to represent our interests in the past. As stated before, it will also notify our delegations in advance of our positions and priorities on key issues. Overall, adoption of the 2022 State and Federal Legislative Programs will allow the City to be more organized, transparent, and efficient in our advocacy efforts at both levels of government.

FINANCIAL SUMMARY
There is no financial impact to the City of Stockton related to this agenda item.

Attachment A - State and Federal Legislative Program
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ATTACHMENT A

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City Council and Concurrent AuthoritiesMarch 22, 2022

City Council and Concurrent Authorities
March 22, 2022