Agenda packet, joint meeting — City Council and Concurrent Authorities, May 24, 2022 (part 2 of 8)

Director, Building Safety Services | Interwest Consulting Group | 2006 – 2021
Ron provided direct oversight of all Building Safety Services including coordination of all plan review and building inspection services, ensuring timely and responsive services. He worked with building officials for fullservice clients to insure timely and efficient services. Ron also managed and provided direct oversight of plan review and inspection services for large, complicated and fast-paced projects on behalf of public agency clients.

Chief Building Official | City of Sacramento | 2003 – 2006 Ron planned, directed, and managed activities for a 120-person building department with oversight responsibilities for construction inspections and plan review of 18,000 permitted projects annually. He planned, organized, administered, and evaluated staff work.

Supervising Engineer | Building Inspection Division | City of Sacramento | 2002 – 2003
Ron supervised plan review, managed plan intake and public counter functions for two regional permit centers, trained and mentored staff, met with architects and engineers to resolve building code related issues, coordinated plan review for high profile projects.

Regional Compliance Officer, Senior Structural Engineer | CA State Office of Statewide Health Planning & Development | 1998 – 2002 Chief of Facilities Engineering | California National Guard | 1991 – 1998 Associate Structural Engineer | CA State Office of Statewide Health Planning & Development | 1987 – 1991
Associate Engineer Architect | Sacramento County Building Department | 1983 – 1987 Attachment B 734
BPR

EDUCATION
 BS, Civil Engineering, California State
University, Sacramento

PROFESSIONAL LICENSES AND

CERTIFICATIONS
 CA Structural Engineer SE-4198
 CA Civil Engineer CE-50673
 NV Structural Engineer SE-18427
 NV Civil Engineer CE-18427

PROFESSIONAL AFFILIATIONS
 Structural Engineers Association,
Northern California (SEAONC)

BILL RODGERS, SE

PROJECT MANAGER / STRUCTURAL PLAN REVIEW
Bill has more than 30 years of experience in the field of structural engineering, including more than 20 years of experience as a plan review engineer. His wealth of experience includes a varied and vast list of projects throughout California and Nevada. Bill is in demand for handson work within jurisdictions due to his great success in blending excellent engineering skills with responsive customer service.

PROFESSIONAL HISTORY
Principal Structural Engineer | BPR Consulting Group | 2021 - Present
Bill directs client plan review on behalf of BPR Consulting Group providing efficient services on behalf of multiple municipal clients.

Senior Structural Engineer | Plans Examiner | Interwest Consulting Group | 2006 – 2021
Bill performed structural plan review for commercial and residential construction for state and local agencies throughout California and Nevada. Bill was also responsible for the production and performance of all offices Interwest and maintaining client relationships.

Senior Structural Engineer | LP2A / Bureau Veritas | 2001 - 2006 Bill performed structural plan review for commercial and residential construction for municipalities for various state and local agencies throughout California and Nevada Structural Engineer| Associate | DES Architects + Engineers | 1995 – 2001 Bill was responsible for the structural design of many projects throughout the Bay Area and he oversaw the structural department of this architecture and engineering firm; responsible for staff development and work quality.

PROJECT EXPERIENCE
Project Manager/Structural Engineer | Judicial Council of California | 2010 – 2021 Bill provided project management and structural plan review services for new court buildings and court building upgrades throughout California. Most recently he provided services for upgrades to the Sonora courthouse, the new courthouse in Modesto and the new 18-story Sacramento Criminal Courthouse.

Project Manager/Structural Engineer | Division of State Architect | 2016 – 2021 Bill provided project management and structural plan review services for new school buildings and school upgrades throughout California. Recent projects include Westmore Oaks Elementary School, Santa Maria High School and El Camino College District, New Behavioral Health and Social Science Building.

Project Manager/Structural Engineer | University of California, Merced | 2020 Campus Expansion | 2017 – 2021
Bill ensured all plan reviews were completed within the agreed upon timeframes by leading weekly conference calls with the plan review and onsite team and regularly visiting the project site. Additionally, Bill provided structural plan review services for this expansive project.

EDUCATION
 BS, Civil Engineering, University of
Wyoming

PROFESSIONAL LICENSE
& CERTIFICATIONS
 CA Structural Engineer SE-3846
 CA Civil Engineer CE-46096
 ID Structural Engineer SE-8225
 ID Civil Engineer CE-8225
PROFESSIONAL AFFILIATIONS:
 Structural Engineers Association of
Northern California (SEAONC)

ROGER PETERSON, SE

PLAN REVIEW MANAGER / STRUCTURAL PLAN REVIEW
With more than 34 years of experience in structural design and plan review, Roger brings considerable depth and knowledge to any project. Roger is a California Registered Structural and Civil Engineer who has designed and provided plan review services for multi-story steel and concrete-framed buildings, as well as one-story structures utilizing steel, concrete, timber, and masonry framing systems. His design experience includes schools, commercial and industrial projects, micro-chip production facilities, power plant installations and multi-family residential projects.

PROFESSIONAL HISTORY
Principal | Structural Engineer | BPR Consulting Group | 2021 - Present
Roger directs client plan review on behalf of BPR Consulting Group providing efficient services on behalf of multiple municipal clients.

Senior Structural Engineer | Project Manager | Interwest Consulting Group | 2006 – 2021
Roger provided management for several of Interwest’s offices and special projects as well as performed structural plan review for commercial and residential construction for municipalities for various state and local agencies throughout California.

Sr Structural Engineer | Plans Examiner | Branch Manager LP2A | Bureau Veritas | 1999 - 2006 Roger served as branch manager and lead structural plan reviewer for the Sacramento Area branch office. He was responsible for the production and performance of office including maintaining client relationships.

Project Engineer | Power Engineers, Inc. | 1999
Roger was a project design engineer for commercial and industrial-type projects. He provided structural design and construction administration services.

Project Engineer | Office Manager | R2H Engineering, Inc. | 1998 - 1999 Roger was the office manager and project design engineer responsible for the structural design of commercial projects.

Project Engineer | Rutherford & Chekene | 1995 - 1998
Roger was responsible for providing design and detailing for commercial and industrial type projects, including numerous projects in the micro-chip industry.

Design Engineer | Project Engineer | DES Engineers & Architects | 1997 - 1995 Roger provided engineering design and detailing for commercial, institutional, corporate and residential building projects using wood, steel, concrete and masonry building materials.

EDUCATION
 BS, Business and General
Management, San Francisco State
University
 AA, Business Administration, College
of San Mateo
 Coursework, Electrical Engineering
California Polytechnic State
University, San Luis Obispo

CERTIFICATIONS
International Code Council 8005399
 ICC Certified Building Official
 ICC Building Code Specialist
 ICC Plumbing Inspector UPC
 ICC Building Inspector
 ICC Building Plans Examiner
 ICC Plumbing Inspector

MARK MEYERS, CBO, ICC

INSPECTOR / PLANS EXAMINER
For 25 years, Mark served as a Building Official, Deputy Building Official, Building Inspector, Plans Examiner and Permit Coordinator for the City and County of Madera and the City of Clovis. He has implemented permit tracking software for multiple jurisdictions, prepared operating budgets and managed all facets of building department activities.

PROFESSIONAL HISTORY
Building OfficialProject Manager  BPR Consulting Group  2021 – Present
Mark provides Building Official services for several Cities and Counties throughout California. In addition, Mark provides supervision for inspection staff and clerical staff for the Cities and Counties where he works. Mark’s responsibilities also include meeting with clients to ensure that expectations are being met and client relationships are maintained.

Inspection Manager  Consultant  2016 – 2021
Mark supervised inspection staff and clerical staff for the UC Merced 2020 Project, working with client staff for the design and implementation of the inspection program to fit the changing needs of UC Merced.

Building Official City of Clovis2008 – 2015
Mark supervised a staff of nine and was responsible for all building inspections. His duties included supervision and training of office staff and implementing new training programs for building inspectors. Mark designed and implemented a new computerized permit tracking and issuance program for the Planning and Development Services Department. This system included complete integration with the City’s well-developed GIS system. All permit processing was done manually before new permit tracking system was implemented. He worked regularly with the Fire, Planning, and Engineering Departments.

Deputy Building Official City of Clovis  2006 – 2008
Mark supervised 14 staff responsible for building inspection processes and building permit fee revision. He trained office staff and implemented new training programs for building inspectors. Mark designed and implemented new computerized permit fees to better comply with state laws and to track time for each inspection type.

Permit Coordinator County of Madera  2000 – 2006
Mark was responsible for all building inspection processes and coordinating building permit issuance. He performed all the duties of a Building Official, and supervised and trained a staff of 20 employees, as well as implementing new training programs for building inspectors. Mark coordinated and supervised the remodel of a 37,000 square foot retail building into an office complex for the Resource Management Agency and moved four departments into one building.

Building Inspector  Plans Examiner  Acting Chief Building Official  City of Madera | 1991 – 2000
As a building inspector, Mark inspected residential and commercial buildings, and was responsible for enforcing all building codes per State and local codes. As a plans examiner, Mark regularly worked with the planning department. Mark was eventually designated Acting Chief Building Official.

Attachment B 737
BPR

EDUCATION
 BSME, California Polytechnic State
University, San Luis Obispo
 Credentialed Instructor, Los Rios
Community College District
Campuses: Cosumnes River College,
Folsom Lake College, & Sacramento
City College

PROFESSIONAL LICENSE
& CERTIFICATIONS
 CA Registered Mechanical Engineer,
31455
 CA Registered Fire Protection
Engineer, 2013
 Certificate Fire Protection
Engineering | University of California
Davis Extension
 Certificate in HVAC and Refrigeration
| University of California Davis
Extension
PROFESSIONAL AFFILIATIONS:
 American Society of Heating,
Refrigerating & Air Conditioning
Engineers
 American Society of Mechanical
Engineers
 National Fire Protection Association
 American Society of Plumbing
Engineers

DAVID CASTILLO, ME, FPE

MECHANICAL ENGINEER / FIRE PROTECTION ENGINEER
David brings more than 30 years of breadth, depth, and knowledge of mechanical engineering, design, and plan review to any project. Hisexpertise encompasses HVAC, Plumbing, Medical Gases, and Fire Sprinklers. David’s background includes mechanical engineering, design, and plan review on Central Treatment Centers, Substance Abuse Treatment Facilities, Inpatient Mental Health Clinics, and Inmate Housing Units for the Department of Corrections. He has engineered and designed Acute Care Hospitals, Skilled Nursing Facilities, Surgery Clinics, Psychiatric Hospitals, Pharmaceutical Plants, Industrial Plants, Educational Facilities, and Hi-Rise Commercial Buildings.

PROFESSIONAL HISTORY
Senior Plan Review Engineer | BPR Consulting Group |
2021 – Present
David performs mechanical engineering and fire protection engineering plan review services for BRP’s California clients.

Senior Plan Review Engineer | Interwest Consulting Group | 2012 - 2021
David performed mechanical engineering and fire protection engineering plan review services for Interwest’s California clients.

Senior Mechanical Engineer | State of California, OSHPD Group | 2001 - 2012
David performed plan checking of mechanical systems for hospitals, skilled nursing facilities, and surgery centers to ensure code compliance with the CBC, CMC, CPC and NFPA.

Vice President | Technical Engineering Group, Inc. | 2000 - 2001 David responsibilities included acquiring new clients, maintaining existing clients and preparing proposals. David performed in-house plan check of all projects, and served as the Engineer of Record for all projects.

Project Manager / Lead Mechanical Engineer | Mazzetti & Associates | 1999 - 2000
David provided project management for all aspects of mechanical design on prisons, hospitals, pharmaceutical facilities, and office buildings.

Project Manager / Lead Mechanical Engineer | Interface Engineering, Inc. / 1997 - 1999 David was the lead engineer for the Mechanical Division of a Mechanical/Electrical engineering firm. He initiated and implemented the writing of a Project Management Procedures Manual for companywide use. David performed heating and cooling load calculations, layout of mechanical designs for central plant systems, chilled water systems, heating hot water systems, variable air volume systems, and write specifications.

EDUCATION
 Associates in Building Inspection
Technology, Butte Community
College
 Associates in Mathematics, Butte
Community College

CERTIFICATIONS
 Certified Access Specialist – CASp710
International Code Council, 8250398
 ICC Building Inspector
 ICC Building Plans Examiner
 ICC Permit Technician
 ICC Commercial Building Inspector
 ICC Residential Plans Examiner
 ICC Residential Combination
Inspector
ANDREW BURKE, CASp, ICC
CERTIFIED ACCESS SPECIALIST | PLANS EXAMINER
Andrew is a Certified Access Specialist and ICC certified Plans Examiner with more than 17 years of industry experience in plan review, inspection, administration and estimating. Andrew has extensive plan check experience in multi-story mixed use projects and provides in-depth review of accessibility issues to ensure compliance with all California building codes.

His CASp certification provides him the ability to ensure all aspects of accessibility have been achieved. His formal training in ICC codes, as well as on-the-job experience, helps him to provide thorough and accurate commercial and residential plan reviews and inspections.

PROFESSIONAL HISTORY
Plans Examiner | Certified Access Specialist (CASp) | BPR Consulting Group | 2021 – Present
Provides life safety and accessibility plan review for residential and commercial projects including residential master plans, custom residential projects, commercial tenant improvement and remodel projects.

Plans Examiner | Certified Access Specialist (CASp) | Interwest Consulting Group|2013 – 2021
Provided life safety and accessibility plan reviews for residential and commercial projects including residential master plans, custom residential projects, commercial tenant improvement and remodel projects.

Building Department Intern | Town of Los Gatos | 2012
Andrew worked as an intern in various areas of a building department. Performed field inspections and worked behind the counter as a permit technician.

PROJECT EXPERIENCE
2020 Project Expansion | University of California, Merced | 2016 - 2021 Life Safety and Accessibility Plans Examiner | Andrew reviewed plans for the campus expansion for compliance California Building, Plumbing, Mechanical, Electrical Codes, Energy Standards, Fire Codes, Green Building Standards Code, and California Accessibility Standards; state and local building codes, policies, amendments, and ordinances.

Sac Republic Soccer Stadium | City of Sacramento | 2019 Accessibility Plans Examiner| Andrew provided plan review for this new 409,664 SF stadium to ensure compliance with applicable accessibility codes and standards.

North 40 | Town of Las Gatos | 2018 - 2019
Accessibility Plans Examiner| Andrew provided accessibility reviews for the new 211,773 SF mixed use building in the North 40 development consisting of residential, parking garage, community room and commercial.

InnovAge California PACE | City of Sacramento | 2019
Accessibility Plans Examiner| Andrew provided accessibility plan review services for this new 66,030 SF OSHPD allinclusive elder care facility valued at $6,250,000.

Attachment B 739
BPR

EDUCATION
 BS, Public Administration, Minor in
English, California Baptist University
 AA, Construction Technology,
Riverside Community College
 AA, Physical Education, Riverside
City College

PROFESSIONAL LICENSES AND

CERTIFICATIONS
ICC NO. 859362:
 Master Code Professional
 Electrical Inspector
 Certified Fire Code Official
 Certified Building Official
 Plumbing Inspector UPC
 Mechanical Inspector UMC
 Fire Plans Examiner
 Building Code Official
 Combination Inspector – Legacy
 Fire Inspector I
 Fire Inspector II
 Building Inspector
 Residential Combination Inspector
 Building Plans Examiner
 Combination Dwelling Inspector –
Uniform Codes
 Building Code Specialist
 Fire Code Specialist
 Residential Energy Inspector/Plans
Examiner
 Accessibility Inspector/Plans
Examiner

MARK BERG, CBO, MCP, ICC

PLANS EXAMINER
Mark is an ICC Certified Building Official, Plans Examiner, Building Inspector, and Master Code Professional with experience performing life-safety, architectural, mechanical, plumbing, electrical, and structural reviews in residential, multi-family and commercial projects.

PROFESSIONAL HISTORY
Building Official, Life Safety Plans Examiner | BPR
Consulting Group | 2021-Present
Performing comprehensive plan review and inspection services for client agencies. Reviews residential and non-residential plans for compliance with California Building, Life Safety, Fire, Plumbing, Mechanical, Electrical Codes, Energy and Green Standards, local building codes, policies, amendments, and ordinances.

Building Official, Life Safety Plans Examiner | Consulting Firm | 2017-2021
Performed comprehensive plan review and inspection services for residential and commercial projects for client agencies. Projects included residential, multi-family residential, commercial, and industrial projects consisting of tenant improvements and new buildings.

Building Official | City of Redlands | 2015-2017
Supervised staff coordination with cities, agencies and the public on various Technical or legal aspects of programs. Performed the most complex and difficult plan checks for both building and fire life safety. Reviewed the new and existing codes and regulations and recommended revision to current ordinances, policies, and inspection methods to meet new requirements.

Building Inspection Supervisor | City of Rancho Cucamonga | 2010-2015
Supervised and trained building inspection staff, developed inspection related policies and guidelines for the department, conflict resolution and code interpretations.

Building Official | City of Norco | 2006-2011
Building Division Manager | County of Riverside | 2001-2006 Plans Examiner-Sr. Building Inspector | City of Temecula | 1991-2001 PROFESSIONAL AFFILIATIONS: CALBO – Damage Assessment
Committee, State Building Codes Committee, CACEO – California Association of Code Enforcement Officers, CEC – California Energy Commission, ICC – Administrative Committee. NFPA – National Fire Prevention Association, Building Systems Committee, IAPMO – Code Interpretation Committees for UPC, UMC. JAEI – Journal of Ancient Egyptian Interconnections. City of Riverside Parks, Recreation, and Community Services Commission
Attachment B 740
BPR

EDUCATION
 BS, Civil Engineering, California State
University, Long Beach
 MS, Public Administration,
California State University, Long
Beach

PROFESSIONAL LICENSE
& CERTIFICATIONS
 CA Civil Engineer CE-45710
 Registered Environmental Assessor
5640
 Certified Permitting Professional
D11308, SCAQMD

DANIEL GARCIA, PE, REA, CPP

SENIOR CIVIL ENGINEER
Dan is a licensed civil engineer with approximately 38 years of public works engineering and project management experience. He has served in senior and executive management public works positions with the cities of Maywood, Costa Mesa, Norwalk, El Segundo, Solvang, Culver City and Novato. Daniel brings to each project experience and expertise in the areas of Capital Improvement Program management, Private Development, Grading, Parks and Land Use, Water Resources and Transportation Planning.

PROFESSIONAL HISTORY
Senior Civil Engineer | BPR Consulting Group | 2021 - Present Dan provides design and review services for numerous Public Works Departments in the Southern California Region.

Senior Civil Engineer | Project Manager | Consultant | 2014 – 2021
Dan provided project management project management, design services and reviews for numerous Public Works Departments. Dan managed numerous capital improvements, provided numerous site/grading reviews, reviewed numerous wastewater improvement projects and managed numerous street improvement projects. He served as a Public Works Director, City Engineer and Project Manager for numerous Cities.

City Engineer | City of Norwalk | 2011 - 2014
Notable projects while serving as City Engineer include completing the design and right of way phase of the $22 million Firestone Bridge project and implementing $6 million in I-5 mitigation projects. He coordinated efforts with such agencies as the Metropolitan Transportation Authority (MTA), Caltrans, and Gateway Cities, U.S. Army Corps of Engineers, Southern California Edison and the County of Los Angeles.

Assistant City Engineer | City of El Segundo | 2007 - 2010 Completed the construction of the Douglas Street Gap Closure Project ($39 million) Implemented $1 million seismic retrofit of the City’s 3.1 MG Water Reservoir. Completed construction and audits for the Douglas Street Gap Closure

3.1 Million Gallon Water Reservoir Seismic Retrofit. Street Improvements, Waterline and Sewer Replacements (various locations). 118th Street Improvements – Included reconstruction of street and coordination with BNSF Railway and Metro for the replacement of deteriorated rail with concrete paneled rails.

Senior Civil Engineer | City of Culver City | 2005 - 2007 As manager of the Capital Improvement Program and Sewer Collection System, his role included the coordination of industrial waste, air quality management, assessment districts and recycled water. Coordinated the Amalgamated Sewer Agreement with the City of Los Angeles, this included making capital improvements to the telemetry system for meters detecting the flow in and out of Culver City. Managed the Sewer Assessment District –.

Analysis of the Braddock Sewer Pump Station Improvement which led to the overhaul of the Culver City Sewer Master Plan. Instrumental in Sewer Replacements & Street Improvements (various locations).

CERTIFICATIONS
 IAPMO Certified Plumbing Inspector,
030666
 IAPMO Certified Mechanical
Inspector, 090146
 CA LEED Certified, LEED AP BD+C,
10436985
 Certified Access Specialist, CASp-439
International Code Council, 1061008
 ICC Building Code Official
 ICC CA Residential Building,
Plumbing, Mechanical,
Combination, Electrical Inspector
 ICC Certified Building Official
 ICC CA Commercial Building,
Plumbing, Electrical, Combination,
Mechanical Inspector
 ICC Building, Electrical,
Combination, Mechanical , Plumbing
Inspector
 ICC CA Combination Inspector
 ICC Mechanical UMC
 ICC Building Plans Examiner
 ICC Plumbing Inspector UPC
 ICC CA Building Plans Examiner
 ICC Combination Inspector – Legacy
 ICC Building Code Specialist
 ICC Commercial Combination
Inspector

PROFESSIONAL AFFILIATIONS
 International Code Council,
RICK WALTERS, CASp, LEED, CBO, ICC
CERTIFIED ACCESS SPECIALIST | PLANS EXAMINER
Rick has over 30 years of experience in the construction industry with over 30 of those years in the Building Inspection industry. Rick has experience as a building official and inspector. He has provided senior inspector services in disaster zones for floods and wildfires which required communication with the National Guard, elected officials and law enforcement.

Rick has provided inspection services for over 25 different City, County, State and Military installations. He inspected services of a Wildfire Disaster Zone involving over 100 structures and provided Flood Zone inspections for over 1,100 homes. He provided Chief Building Official services to the Cities of Dixon, Calistoga, Yountville, St. Helena, Gridley, Auburn and Woodland.

PROFESSIONAL HISTORY
Chief Building Official | Certified Access Specialist | Senior Inspector / BPR Consulting Group / 2021 - Present
Rick provides Building Official, building inspection, plan review, CASp review and inspection services for several clients in Northern California.

Chief Building Official | Certified Access Specialist | Senior Inspector / Interwest Consulting Group / 2014 - 2021
Performed Building Official, building inspection and plan review services for various Northern California municipalities, as well as providing CASp plan review and inspection services.

Inspection Services / Bureau Veritas | Beale Air Force Base, CA / 2012 - 2014
Rick provided full inspection services for military housing at Beale Air Force Base. Inspections of single family homes and duplexes included foundation, framing, mechanical, plumbing, electrical, and final inspections. Daily and weekly reports were compiled listing any deficiencies or items needing repair/replacement.

Fill-In Building Inspection Services / Bureau Veritas, CA / 2011 - 2012
Rick has provided fill-in building inspection services during staff vacations, sick-time, and periods of high-workload for the Cities of West Sacramento and Napa.

Building Inspection Services Manager / City of Woodland, CA / 2008 - 2011 Rick oversaw the inspection program for the City of Woodland. He managed and directed the inspectors on staff as well as performed inspections for residential, commercial, and industrial facilities.

Senior Building Inspector / City of Woodland, CA / 2007 - 2008 Interim Building Official / City of Woodland, CA / 2006 - 2007 Senior Building Inspector / City of Woodland, CA / 2004 - 2006 Senior Building Inspector / City of Auburn, CA / 2004
Interim Building Official / City of Auburn, CA / 2003 – 2004 Senior Building Inspector II / City of Auburn, CA / 1999 – 2004 Attachment B 742
BPR

EDUCATION
 BS, Organizational Management,
University of La Verne
 AA, Liberal Arts
Allan Hancock College

PROFESSIONAL LICENSES &

CERTIFICATIONS
 ICC Certified Electrical Inspector
 ICC Certified Building Inspector
 ICC Certified Building
Inspector/Concrete
 General Building Contractor License
 Foundation of Strategic Leadership,
Santa Barbara County Employees’
University
 Executive Leadership Certification,
American Managers Association

SPECIALIZED TRAINING
 Managing the Cost of Providing
Public Safety and Consumer
Protection, C.B.O.A.C., San Luis
Obispo, Calif., September16, 2009
 Building Department Personnel
Management, I.C.C., Sacramento,
Calif., March 13, 2007
 Increasing Creditability of the Code
Official, C.T.I., Palm Springs, Calif.,
March 1, 2006
 State Laws Enforced by Building
Departments, Ontario, Calif.,
November 3, 2004
 Building Department Administration
Concept, Ontario, Calif.,
November 3, 2004

EXPERTISE
 Safety Compliance
 Verbal and Written Communications
 Training and Staff Development
 Budget Management
MICHAEL J. ZIMMER

BUILDING INSPECTOR
Michael is a highly qualified building professional that brings with him nearly 40 years of experience. His experience in the industry includes involvement in the many layers of building department services to include inspection, code enforcement, plan review, and building official services. Michael’s breadth of knowledge is an asset to BPR and clients alike.

PROFESSIONAL HISTORY
Chief Building Official | County of Napa | 2017 - 2021
Michael managed a division of 20 employees and contract staff that provided regulatory oversight of the construction of all residential, commercial, industrial, educational and medical buildings within the unincorporated areas of the County. He directed, managed and coordinated activities and operations related to the California Title 24 Building regulations as they relate to building permitting, plan check review and inspection programs. Forecasted and managed a 1.8-milliondollar annual budget for the Building and Safety Division including expenditures for contract engineering firms in areas related to building inspection, and plan check review.

Building Inspector / Plans Examiner / Project Manager
Consultant | 2014-2017
Performed all types of commercial and residential inspections and plan reviews.

Building Inspector / Plans Examiner / Project Manager
Consultant | 2014
Performed all types of commercial and residential inspections and plan reviews.

EDUCATION
 Art Education
Ohio University | Athens, OH
 General Education
Glendale Community College |
Glendale, CA
 Construction Technology
College of The Sequoias | Visalia,
CA

PROFESSIONAL LICENSES AND

CERTIFICATIONS
 ICC Residential Building
Inspector
 ICC Residential Plumbing
Inspector

AFFILIATIONS
 California Association of
Building Officials.
 Member of the California
Association of Code
Enforcement Officers.
 Member of the San Joaquin
Valley International Code
Council.

EDWARD JAKUBOWSKI, CBO, ICC

BUILDING INSPECTOR
For the past two years Ed has served as the Building Official for the City of Kingsburg and has extensive building inspection and code enforcement experience.

Ed’s experience includes supervision of Tulare County’s satellite office in Porterville, where he coordinated the intake, review, and submittal of project plans and supervised county staff. Additionally, Ed has experience conducting compliance and use permit inspections. During his employment in Kingsburg, Ed gained experience working directly with the City Management, Community Development personnel, the Fresno County Housing Authority, and developers of large projects. Ed’s experience includes performing plan reviews and coordination with other city departments involved with project approval including planning and public works.

PROFESSIONAL HISTORY
Building Official, Building Inspector, BPR Consulting Group 2022 – Present
• Senior level Building Inspector providing building inspections on behalf of municipal clients.

Building Official, Building Inspector, City of Kingsburg  2019 – 2022
• Meet and coordinate with other departments to facilitate the review of plans and documents for construction projects within the city. • Conduct regular on-site building inspections to ensure construction meets the standards of all applicable Building Codes.
• Present departmental performance and budget reports to City Council.
• Improve the process of maintaining records of permits, inspections, and code cases, and other reports.
• Manage office personnel involved in planning, permitting, and enforcement.
• Provide a professional level of customer service to the citizens and contractors that work within the city. • Effectively communicate expectations both verbally and in writing to contractors and coworkers. • Completed evaluation and improved ISO rating for the city.

Building Inspector, City of Tulare  2013 – 2019
• Performed the duties of Building Inspector and Code Enforcement Officer. • Inspected construction jobs for compliance with applicable city, state, and federal guidelines. • Managed satellite office and its daily operations which include issuing permits, review of plans, fee calculations.
• Worked with IT developers to develop and implement new software systems that would perform to the specific needs of major programs in the county.
• Managed the HCD Employee Housing program which regulates migrant work camps throughout the county. • Professionally communicate with contractors, homeowners, and co-workers to ensure compliance of regulations, code, and job duties.

Attachment B 744
BPR

EDUCATION
 Building Codes and Plan Checks,
Fresno City College

REGISTRATIONS/CERTIFICATIONS
International Code Council | 8002321
 ICC Commercial Building Inspector
 ICC Residential Building Inspector
 ICC Building Inspector

WILLIAM VAN RYN, ICC

BUILDING INSPECTOR
William is an experienced Building Inspector with over 15 years on the job experience. He is skilled in residential/commercial electrical, framing, carpentry and plumbing. He is self-motivated and takes pride in work and completes jobs within given deadlines. He also possesses supervisory experience and leadership skills in the field.

PROFESSIONAL HISTORY
Building Inspector | BPR Consulting Group | 2021 – Present William provides inspection services for multiple City and County jurisdictions throughout California in all phases of construction to ensure compliance with applicable codes.

Building Inspector | Interwest Consulting Group | 2017 – 2021 William inspected projects in all phases of construction to ensure compliance with applicable codes for municipalities throughout California.

Building Inspector | County of Fresno | 2014 – 2017
William inspected all phases of construction to assure compliance with pertinent codes, ordinances, and regulations as well as assisted contractors, architects, engineers, and the public with questions concerning construction code requirements and building permit processes. He investigated allegations of construction being performed without a building permit and issued field correction notices. William maintained inspection records and filed permits. He researched code sections/issues and disseminates information to staff and the public and reviewed technical reports associated with permits as required for completion of the inspection process. He also prepared reports and correspondence.

Building Inspector | Code Enforcement Officer | City of Firebaugh | 2007 – 2017 William performed plan checks and permit processing as well as issue permits. He performed inspections for the Public Works Department and managed projects for the city, such as the remodeling for a new city hall.

Building Inspector | D.R. Horton, Inc. | 2006 – 2007
William was responsible for scheduling trades and production of new homes. He worked with Trade Contractors and oversaw quality control as well as supervised the workforce to perform with high standards and quality results.

William also monitored safety and state requirements such as SWPPP.

Attachment B 745
BPR

EDUCATION
 Consumnes River College – Building
Inspection Technology
 Yuba College – Course work in
Pesticide Applications

CERTIFICATIONS
International Code Council 5087217
 ICC Certified Building Official
 ICC Building Code Specialist B8
 ICC California Building Plans
Examiner I6
 ICC California Residential
Combination Inspector J5
 ICC California Residential Inspector
J1
 ICC California Residential Electrical
Inspector J2
 ICC California Residential Plumbing
Inspector J3
 ICC California Residential
Mechanical Inspector J4
 ICC California Commercial Building
Inspector I1
 ICC California Commercial Plumbing
Inspector I3
 ICC California Commercial
Mechanical Inspector I4
 ICC Accessibility Inspector / Plans
Examiner
 ICC Plumbing Inspector P5
 ICC Building Inspector B5
 ICC Building Inspector UBC
 ICC Mechanical Inspector M5
 ICC Mechanical Inspector UMC
 ICC Building Plans Examiner B3
 ICC Plumbing Inspector UPC
Tim Scott, CBO, ICC
PLANS EXAMINER  BUILDING INSPECTOR
For the past 20 years Tim as provided building safety services on behalf of Northern California communities. Tim served as theDeputy Building Official, Plans Examiner and Building Inspector for the City of Davis, City of Elk Grove and the County of Sacramento. His experience as a Deputy Building Official exposed him to the many facets of managing a Building Department and allowed him to develop the exceptional organizational and management skills necessary to provide superior services to the communities he serves.

Tim’s experience includes plan review and inspection for all types and sizes of projects including residential, multi-family, commercial, institutional, and industrial projects. He is familiar with multiple permit tracking software systems utilized by jurisdictions and has managed all facets of building department services.

PROFESSIONAL HISTORY
Building Official / Plans Examiner / Building Inspector  BPR Consulting Group  2021 – Present
Tim provides Building Official, plan review and inspection services to Cities and Counties throughout Northern California. Tim’s responsibilities also include meeting with clients to ensure that expectations are being met and maintaining client relationships.

Assistant Chief Building Official / Sr. Plans Examiner  City of Davis  2008 – 2019
Tim’s role included management of the City of Davis’s Building Department, supervising inspection and plan review staff. Tim over-saw the plan review department to ensure that plan reviews were being completed in a timely and consistent manner.

Assistant Building Official / Sr. Plans Examiner Consultant / City of Elk Grove2003 – 2008
Tim worked in the City of Elk Grove on a contract basis. Tim’s duties included assisting with management of the City’s Building Department including the plan review department to ensure quality and consistency of the plan reviews. Tim began working in the City of Elk Grove early in the City’s formation and was instrumental in establishing policies and procedures.

Plans Examiner / Building Inspector County of Sacramento  2000 – 2003
Tim provided plan reviews and building inspection services for the County of Sacramento Building Department. Tim was responsible for a range of projects from small residential remodels to large complex commercial and industrial projects.

General Building Contractor Self Employed  1993 – 2000 Carpenter / Foreman  Timberline Builders  1983 - 1993 Attachment B 746
BPR

EDUCATION
 Victor Valley College Inspection
Technology Certificate
 Pacesetter Schools Building
Inspections Certificate
 Gordon Copper Vocational
Technical School

PROFESSIONAL LICENSES AND

CERTIFICATIONS
ICC NO. 848507:
 ICC Building Inspector
 ICC Combination Inspector
 ICC Combination Inspector - Legacy
 ICC Electrical Inspector
 ICC Mechanical Inspector
 ICC Mechanical Inspector UMC
 ICC Plumbing Inspector
 ICC Plumbing Inspector UPC
 ICC Master Electrician (NV)
000-001221
 OSHA 10 & 30 Training
 ATC 20 Post Disaster Training

RICHARD MADDOX, ICC

ELECTRICAL PLANS EXAMINER
Richard brings over 25 years of experience in all aspects of plan review and building inspections. Richard provides accurate and complete electrical plan reviews of residential and commercial buildings. Richard maintains his electrical plan review and inspection skills by regularly participating in industry and code related training and attending electrical safety and electrical industry symposiums.

PROFESSIONAL HISTORY
Electrical Plan Review  BPR Consulting Group  2021 –
Present
Richard provides electrical plan reviews for residential and commercial projects for compliance with the California Electrical Code, California Energy Code requirements as well as local codes and ordinances.

Building Inspector and Plans Examiner | Consulting Firm | 2013-2021
Provided electrical plan review and inspections for residential and commercial buildings for compliance with California Electrical Code and Energy Code requirements, local codes, policies, amendments, and ordinances.

Supervising Building Inspector, Electrical Specialist | Clark County, Nevada | 2003-2012
Supervised a staff of 15 inspectors. Assisted customers in addressing problems and concerns with compliance issues on code-related matters.

Assisted with plan checking for complex projects and conflict resolution.

Participated in budget planning, budget review and long-range planning.

Building Inspection Specialist | Clark County, Nevada | 2000-2003 Developed an education program for inspectors. Researched, authored and maintained the department’s electrical policies, procedures and inspection technical guidelines. Represented the department to the local utility on all electrical related issues. Represented the department at all electrical industry meetings such as IAEI, IEEE, AGC, NEMA, ABC, SNHBA and IBEW.

Senior Building Inspector | Clark County, Nevada | 1997-2000 Combination inspection of single family and commercial occupancies for code compliance. Maintained an inspection record in the field and office. Investigated complaints and issuance of enforcement actions. Assisted all customers in addressing problems and concerns on compliance issues on all code-related matters related to active permits.

Combination Inspector | Clark County, Nevada | 1995-1997 Combination inspection of single family and commercial occupancies for code compliance. Maintained an inspection record in the field and office. Investigated complaints and issuance of enforcement actions.

PROFESSIONAL AFFILIATIONS | International Association of Electrical Inspectors, 2010 International President, 2006 Southwestern President
Attachment B 747
BPR

PROFESSIONAL LICENSES AND

CERTIFICATIONS
 AWS Associate Certified Welding
Inspector, 01110444
 ACI Concrete Field-Testing
Technician Grade I, 030005
 Nuclear Density Testing Gauge,
12495
ICC NO. 5003730
 ICC Reinforced Concrete Special
Inspector Associate
 ICC Spray Applied Fire Proofing
Special Inspector
 ICC Structural Welding Special
Inspector
 ICC Structural Masonry Special
Inspector
 ICC Structural Steel and Bolting
Special Inspector
 ICC Commercial Building Inspector

ISIDORO ZAPIEN, ICC

BUILDING INSPECTOR
Isidoro is an Inspector with 23 years of experience in the construction industry. He has extensive experience and is currently certified in structural steel and welding, high strength bolting, spray applied fireproofing, structural masonry and reinforced concrete. Isidoro is also nuclear gauge certified with experience in soils and asphalt. He has performed various inspection services including quality assurance and quality control to ensure projects were built in accordance with approved plans, specifications and specified codes.

PROFESSIONAL HISTORY
Inspector | BPR Consulting Group | 2021 - Present
Isidoro provides building inspection services for various Northern California municipalities.He provides inspections for code complianceand compliance with the approved drawings for residential and commercial projects.

Isidoro’s areas of expertise include building inspections, code interpretations, construction concept/scope, client relationship management and project management.

Inspector | Consultant | 2017 - 2021
Isidoro provided building inspection services for various Northern California municipalities. He provided inspections for code compliance and compliance with the approved drawings for residential and commercial projects.

Senior Special Inspector | Pleasanton, CA | 2012 - 2017 Isidoro performed special inspections on a variety of commercial projects including and 2.8 Million square foot Amazon fulfillment center, a seven story Kaiser Permanente Hospital and Medical Center, a 500,000-square foot tilt up and the Nasa Ames Research Center in Mountain View which consisted of 5-million-gallon water tanks and a super computer cooling tower. As the lead special inspector for these projects, Isidoro was responsible for coordinating with the project inspectors and project managers on daily inspections, performing field inspections which included welding, concrete, rebar and fireproofing, and mapping all RFI changes on the approved drawings.

Senior Special Inspector | Quality Control Manager | San Diego, CA | 2009 - 2012 Isidoro was the Senior Special Inspector and Quality Control Manager for a variety of naval air station projects including a Marine Reserve training center, group hanger #5, a child development center and a building renovation.

He was responsible for providing special inspections for concrete, structural steel and welding, structural masonry, reinforced concrete, material sampling, verification of material type, field density testing and monitoring quality of work. He also ensured his daily reports documented compliance to plan, the geotechnical report, job specifications and compliance to the code.

Senior Engineering Technician | Concord, CA | 2002 - 2009 As the Senior Engineering Technician, Isidoro was responsible for concrete and welding inspections in the field, NDT procedures during construction and performing construction inspections as required on multiple projects including the Livermore Civic Center Library and the West Sacramento Force Main Pipeline.

Special Inspector | Hayward, CA | 1997 – 2002
Attachment B 748
BPR

PROFESSIONAL LICENSES AND

CERTIFICATIONS
ICC CERTIFICATION NO. 8984654:
 ICC Commercial Building Inspector
 ICC Residential Building Inspector
 ICC Building Inspector
 ICC Residential Plumbing Inspector
 ICC Residential Electrical Inspector
 ICC Residential Mechanical Inspector
 ICC Residential Comb. Inspector
 ICC Building Plans Examiner

LANDON COLLINS, ICC

BUILDING INSPECTOR
Landon has 17 years of experience in the construction industry. He is an ICC certified inspector with experience providingbuilding, mechanical, electrical and plumbing inspections to residential projects well as providing providing commercial building inspections for Cities and Counties. He provides Building Department inspection services to ensure projects were built in accordance with approved plans, specifications and specified codes. Landon also brings considerable experience from working for several construction companies in the Central Valley Region.

PROFESSIONAL HISTORY
Building Inspector | BPR Consulting Group | 2021 - Present Landon provides building inspection services for various Central California municipalities.He provides inspections for code compliance and compliance with the approved construction documents for residential and commercial projects.

Building Inspector | Consultant | 2021
Duties included Residential inspections for Madera County Building Division and running day to day operations as the lead for the Building Department at the City of Sonora.

Building Inspector I & II | Merced County Dept. of Public Works- Building Division | 2019 - 2021 Provided general building inspection and public safety inspections. Inspected all aspects of the construction process including building, plumbing, mechanical and electrical phases of residential, commercial and agricultural projects. Also inspected industrial projects including local agricultural, manufacturing, and food processing plants.

Site Supervisor | DMC Construction | 2018-2019
Construction Site Supervisor and Managing Carpenter for a growing construction company in Merced, CA.

Direct and delegate responsibilities to company employees as well as management of subcontractors from various trades, with strict adherence to code and high-quality building standards. Daily hands-on site work as needed to complete projects.

Owner / General Contractor | Collins Construction | 2013 - 2018 Residential and Commercial remodels and new construction. Re-wires and Electrical additions, fine finish work, plumbing, framing. Experience with contracts, plan reading, scheduling and budgets.

Lead Carpenter | Williams and Sutton Construction | 2011 - 2013 Major Residential and Commercial remodels. Electrical, plumbing, framing, finish work. Supervision construction crew.

Communications Technician II | Comcast Corporation | 2010 - 2011 Installation and repair of cable, internet and phone services inside and outside of customer premises.

Experience doing line work and climbing utility poles.

EDUCATION
 BS, Electrical Engineering, California
Polytechnic University

PROFESSIONAL LICENSE
& CERTIFICATIONS
 CA Electrical Engineer 12290
 HI Electrical Engineer 13259
 International Association of
Electrical Inspectors – Electrical
Plans Examiner and Electrical
Inspector – 6027880
International Code Council (ICC)
 ICC CA Commercial Building
Inspector
 ICC CA Commercial Mechanical
Inspector
 ICC CA Commercial Plumbing
Inspector
 ICC CA Residential Mechanical
Inspector
 ICC CA Residential Plumbing
Inspector
 ICC Commercial Building Inspector
 ICC Mechanical Inspector
 ICC Plumbing Inspector
 ICC Plumbing Inspector UPC
PROFESSIONAL AFFILIATIONS:
 International Association of
Plumbing and Mechanical Officials
 International Association of
Electrical Inspectors
 IEEE

JEROME SCHREIBER, EE

ELECTRICAL ENGINEER
Jerome has more than 40 years of electrical industry experience. He is a licensed electrical engineer in California and Hawaii, and is certified by the International Association of Electrical Inspectors as an Electrical Plans Examiner and Electrical inspector. Jerome’s experience is wide and varied, having provided engineering services to the military, public utilities, private organizations and municipal agencies.

PROFESSIONAL HISTORY
Building Inspector | City of Glendale | 2013 -Present
Jerome has served as a Building Inspector for the City of Glendale since August 2013. His duties have included Building, Plumbing, Mechanical, & Electrical Inspections and Plans Examination.

Instructor | Long Beach City College | 2013 -Present
Since 2013, Jerome has served as an instructor in National Electrical Code for Industrial & Commercial Applications at Long Beach City College.

Senior Electrical Inspector | City of Vernon | 1987 -2013 Jerome was responsible for electrical plans examination and performing Building, Plumbing, Mechanical, & Electrical inspections and all electrical installation in the City and for the City municipal facilities.

Electrical Consultant | BSK Engineering | 1986 -1987
Jerome served as an Electrical Consultant for a private firm that provided design for factories, restaurants, computer rooms, car lots, and other such installations.

Distribution Engineer | Southern California Edison | 1983 -1986 Jerome provided service planning and customer coordination for this Southern California utility.

Interior Electrician | Air National Guard | 1978 -1980
Jerome provided electrician services for various installations as a member of the Air National Guard.

Automatic Flight Control Systems Specialist, Sergeant | US Air Force | 1973 -1977
As a Sergeant in the US Air Force, Jerome served as Shift Supervisor and was responsible for repair crew to facilitate maintenance on transient aircraft.

Attachment B 750
BPR

EDUCATION
 Gavilan College, Certificate
 Evergreen Valley College, Certificate

PROFESSIONAL LICENSES AND

CERTIFICATIONS
 ICC Certified Permit Technician,
8821141

STACEY BARKER

PERMIT TECHNICIAN / ADMINISTRATIVE SUPPORT
Stacy is an ICC Certified Permit Technician with six years of experience providing services to multiple Northern California municipal clients. In addition to her technical abilities, Stacy has excellent customer service skills that help her to work well with applicants and City staff. She is efficient in the use of the GreenVue’s Digital Permit Suite, Accela Automation, Community Core, as well as other municipal tracking systems.

PROFESSIONAL HISTORY
Permit Technician | BPR Consulting Group | 2021 – Present Primary responsibilities include providing permit technician services to Norther California municipal clients and customer assistance to the general public. Processes documents and reports and directs them to the appropriate department/person. Stacy facilitates a positive productive working environment and maintains clear communication within the office.

Inspection Analyst | UC Merced | 2016 – Present
Primary responsibilities included provided administrative support to our consulting staff and customer assistance to the general public. Processed documents and reports and directed them to the appropriate department/person.

Stacy has workedon the UC Merced 2020 Project assisting in all facets of permit technician services. Stacy facilitated a positive productive working environment and maintains clear communication within the office.

Permit Technician | City of Foster City | 2015
As a Permit Technician for consulting firms, Stacy received and reviewed building applications from customers; assessed scope of project and relevant permit requirements; educated customers regarding necessary permits and general code compliance of their proposed projects. She verified that projects obtained all necessary approvals; verified professional and contractor licensing; calculated and verified valuations and fees; accepted payments and issued permits as authorized. Stacy maintained records and prepared reports as required. She assisted in completing permit applications by explaining building permit requirements; assisted and advised customers in matters relating to building requirements and status of submitted projects. She tracked plan check applications from submission to approval; routed plan checks to appropriate departments and updated applicants on status of their applications. Stacy also calculated fees for permits; logged inspections request and prepared field files for daily inspections for building inspectors; assisted building inspectors in coordinating inspection requests; and performed clerical duties for the building department. She prepared monthly reports for the Assessor’s Office and Construction Monitor and prepared monthly billings.

PROJECT EXPERIENCE
2020 Project Expansion  University of California, Merced  2016 - 2020 Inspection Analyst| Stacey provided administrative support to our consulting staff and customer assistance to the general public. Processed documents and reports and directed them to the appropriate department/person.

Attachment B 751
BPR

EDUCATION
 California State Los Angeles, BS in
Criminal Justice

PROFESSIONAL LICENSES AND

CERTIFICATIONS
 ICC Certified Permit Technician,
9560759

ALICIA VENTURA

SENIOR PERMIT TECHNICIAN / ADMINISTRATIVE SUPPORT
Alicia is an ICC Certified Permit Technician with over nine years of experience providing services to multiple California municipal clients. Alicia is well versed in her role as a Permit Technician and has worked with several municipal tracking systems including Trakit. In addition to her technical abilities, Alicia has excellent customer service skills that help her to work well with applicants and City staff. In addition, Alicia is fluent in Spanish, proficient with Microsoft Office software including Word, Excel and PowerPoint, is detail oriented and is able to multi-task.

PROFESSIONAL HISTORY
Sr. Permit Technician | BPR Consulting Group | 2021 – Present Primary responsibilities include providing permit technician services to California municipal clients and customer assistance to the general public.

Processes documents and reports and directs them to the appropriate department/person. Alicia facilitates a positive productive working environment and maintains clear communication within the office.

Permit Technician II | Consultant | 2020 – 2021
Alicia provided Permit Technician services to the City of Corona’s Building Department. She coordinated the permit process for special projects which were typically large, complex projects. Her duties coordinating the intake, review process and the issuance of permits. She coordinated with inspectors, plans examiners and planners to determine if projects were ready for Certificate of Occupancy, issued the Certificate of Occupancy, temporary utility bonds and Temporary Certificate of Occupancies. She managed electrical releases for all City projects. Alicia’s duties also included the review and management of digital plan reviews submitted online utilizing Project Dox, reviewed hard copy and digital for the purpose of establishing project valuations and computing plan review and permit fees. She reviewed plans and permit applications to ensure conformance with the City’s submittal requirements, codes, ordinances and regulations governing construction. Alicia performed data entry into the permit tracking system and collected statistical data to prepare monthly reports for both the public and City staff. She assisted the public in the completion of forms and documents and developed and maintained procedural manuals and worksheets. Alicia also provided over the counter plan reviews for minor submittals. She provided excellent customer services to both external and internal clients to maintain an efficient Building Department.

Permit Technician | Consultant | 2020
As a consultant, Alicia provided Permit Technician services to the Cities if Huntington Park and Corona Building Departments. Her responsibilities included reviewing plans and permit applications to ensure conformance with the City’s submittal requirements, codes, ordinances, and regulations governing construction.

EDUCATION
 DeAnza College, 2017, AA in Liberal
Arts

PROFESSIONAL LICENSES AND

CERTIFICATIONS
 ICC Certified Permit Technician,
10138242

SAMANTHA BARKER

PERMIT TECHNICIAN / ADMINISTRATIVE SUPPORT
Samantha is an ICC Certified Permit Technician with experience providing Permit Technician services in support for municipal building departments.

Samantha’s experience includes updating data bases, data input, permit tracking system management, and report generation. In addition to her technical abilities, Samantha utilizes her excellent customer service skills to assist department customers, applicants, and City staff. Samantha is efficient, detail oriented and possesses the ability to multi-task.

PROFESSIONAL HISTORY
Permit Technician | BPR Consulting Group | 2021 – Present Primary responsibilities include providing permit technician services to California municipal clients and customer assistance for building department services. Processes documents and reports and directs them to the appropriate department/person. Samantha facilitates a positive productive working environment and maintains clear communication with permit applicants and co-workers.

Customer Service Associate | Michael’s | 2015 - 2020
As a Customer Service Associate, Samantha’s responsibilities consisted of providing outstanding customer service which included handling transactions, providing knowledge of products and supplies, knowledge of the construction of projects, instructing customers on the appropriate application of products, teaching in-house classes for customers and maintaining front end cleanliness and organization.

Customer Service Associate | L’occitane | 2013 – 2014
Samantha’s primary duties included assisting customers, managing transactions, and providing outstanding customer services. She was also responsible for opening and closing out registers, bank drops, maintaining storefront organization, receiving and processing shipments, report of damaged items and inventory maintenance.

Customer Service Associate | Northern California Renaissance Faire | 2010 – Present (Seasonal)
Samantha’s primary responsibilities included providing customerrelations and inventory managementto maintain product organization. She was responsible for sales activities as well as the merchandise displays. Samantha facilitates a positive productive working environment and maintained clear communication with staff and customers.

Attachment B 753
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Attachment C 754
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Attachment C 755
1 EXHIBIT A

STATEMENT OF WORK

1. Project Objectives
Provide on-call building code plan review, structural engineering plan review, and inspection services, including CASp compliance and OSHPD 3 certification, services for the Community Development Department Building & Life Safety Division. These services will be on an as-needed basis to meet service delivery goals in an efficient, timely, and professional manner.

2. Project Scope
The Contractor shall provide on-call building code plan review, structural engineering plan review, and inspection services, including CASp compliance and OSHPD 3 certification, and permit processing services to private and public sector clients. The general scope of work includes but is not limited to building code plan review and structural engineering plan review for substantial compliance with all adopted California building codes and standards, related to proposed building construction. The Contractor shall submit complete, clear, and concise correction lists back to the City within the prescribed timeframes. The Contractor must have experience with the processes, procedures, ordinances and permitting, including plan review for conformance with conditions of approval along with local and other applicable (City, County, State and Federal) ordinances and standards that are necessary to provide these services and complete the assigned projects.

The Contractor shall provide all equipment and tools necessary to perform the services outlined above including, but not limited to, computers, code books, cell phones, vehicles, etc. All plan reviewers and inspectors provided by the Contractor shall possess all necessary and current certifications required by state law and shall continue to receive state-mandated continuing education. Such education is to be provided by Contractor at the Contractor’s sole cost.

The Contractor shall be available for technical support on an as-needed basis.

This may include but not be limited to pre-design, post plan review, preconstruction or site meetings with City staff and/or permit holders, designers or other interested parties.

3. Specifications
Attachment C 756
2 • Contractor must have the ability to perform plan reviews and accept project submittals from the City through the Bluebeam Revu® software platform.
• Employees of the Contractor performing services at City facilities or at project sites within city limits must have photo identification badges. • Contractor shall complete the initial plan review and all subsequent rechecks within an agreed upon timeframe. The City’s Building Official may, upon demonstration of good cause, extend the timeframe at his or her sole discretion.
• Contractor shall have the ability to provide expedited plan review services upon request of the City’s Building Official for an agreed upon fee as identified in Exhibit E Compensation.
• Contactor shall have the ability to provide Certified Access Specialist (CASp) expertise upon request of the City.
• Contractor shall meet with City staff and/or applicants upon request with 48 hours’ notice.
• Contractor staff providing services shall possess the necessary skills, experience, and certifications required by law.

4. Major Deliverables

4.1 Plan Review Services:

Contractor shall perform plan reviews as requested by the City to verify compliance with the City of Stockton Municipal Codes and the current edition of the California Code of Regulations, Title 24, Parts 1 (Administrative Code), 2 (Building Code) (vol. 1 & 2), 2.5 (Residential Code), 3 (Electrical Code), 4 (Mechanical Code), 5 (Plumbing Code), 6 (Energy Code), 8 (Historical Building Code), 9 (Fire Code), 10 (Existing Building Code), 11 (Green Building Standards Code), and 12 (Reference Standards Code). Plan reviews shall cover structural, fire & life safety, accessibility compliance, energy conservation, green building, plumbing, mechanical, and electrical installations in residential, commercial, industrial, existing, and historical buildings.

Contractor shall develop and furnish the City’s Building & Life Safety Division and applicant with a complete and legible list of all corrections for each plan review performed.
o The plan review corrections shall be in the form of electronic markups made directly on the plans and other project documents. o Plan review corrections shall comply with graphic standards as prescribed by the City for consistency and integration into the overall City review process.
o Separate plan review correction letters shall only be utilized in special cases where additional detail and explanation is required.

Attachment C 757
3 When the plan review process is complete and the plans are deemed in full code compliance, the Contractor shall electronically stamp and sign the electronic plans and corresponding documents. Each page of the plans and corresponding documents must be stamped. The stamp shall include the company identification, scope of Contractor’s review, and a mark of approval.

Contractor shall meet or exceed the City’s requirements for plan review turnaround times. Maximum time frames for delivering services are in Exhibit F Timeline.

4.2 Inspection Services:

Contractor shall provide combination building inspections to verify compliance with the City of Stockton Municipal Codes and the current edition of the California Code of Regulations, Title 24, Parts 1 (Administrative Code), 2 (Building Code) (vol. 1 & 2), 2.5 (Residential Code), 3 (Electrical Code), 4 (Mechanical Code), 5 (Plumbing Code), 6 (Energy Code), 8 (Historical Building Code), 9 (Fire Code), 10 (Existing Building Code), 11 (Green Building Standards Code), and 12 (Reference Standards Code). Combination inspections shall cover structural, fire & life safety, accessibility compliance, energy conservation, green building, plumbing, mechanical, and electrical installations in residential, commercial, industrial, existing, and historical buildings.

Combination inspection shall include onsite inspections, writing legible and understandable correction notices and field reports, inputting inspections results electronically in the City’s permitting software, coordinating inspection windows with customers, and answering in-person or telephone inquiries. Contractor shall input inspection results electronically into the City’s permitting software program within a reasonable time frame following the completion of the inspection, but no later than end of business day on the same day the inspection was completed.

5. Tasks That Support the Deliverables

5.1 Plan Review Services:

All plan review submittals, including resubmittals, shall be submitted directly to the City. The City will electronically transmit all plans and corresponding project documentation to the Contractor for review and approval. The City will transmit all plan review projects to the Contractor through the Bluebeam Revu® software platform using the standard built-in invite function of Bluebeam. The Contractor must have Bluebeam capability; separate plan upload portals, file shares, or email systems will not be utilized by the City.

Attachment C 758
4 Contractor shall ensure that all projects are properly coordinated and tracked by following an established internal plan review coordination process. Contractor shall notify the City promptly if any information is missing from the submittal that would prohibit their ability to perform in accordance with this contract.

Contractor shall meet with applicants as necessary to answer questions and assist in addressing plan review comments. If a project cannot be approved after two (2) cycles of review, the Contractor shall promptly notify the City of the outstanding items. A subsequent meeting will be coordinated by the City, of which the Contractor is required to attend, with the applicant to resolve the outstanding items.

5.2 Inspection Services:

The City shall provide a daily inspection route sheet to the Contractor inclusive of inspection location, description of work, type of inspection requested, and applicant contact information. The City shall provide access to permit tracking software and other electronic platforms necessary to view, conduct, and record inspections.

All inspectors provided by the Contractor shall be equipped with all necessary tools, equipment, and code books as required to facilitate the inspection process. Contractor shall make every effort to complete their full list of inspections each day through standard industry practices such as coordinating inspection windows with the applicant, making phone calls ahead of arrival, and conducting follow up inspections as time permits.

6. Internal and External Standards and Guidelines
To be provided by the City as requested when internal/external standards or guidelines are applicable.

7. Criteria of Acceptance for Deliverables
All deliverables/services shall be acceptable to the City’s Community Development Department as determined by the City Building Official or designee.

8. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor 1: CSG Consultants, Inc. City: City of Stockton Attn: Cyrus Kianpour Attn: City Manager
550 Pilgrim Drive 425 N. El Dorado Street
Foster City, CA 94404 Stockton, CA 95202
Attachment C 759
5 Contractor 2: BPR Consulting Group, LLC
Attn: Ron Beehler
2201 Francisco Drive, Suite 140-658
El Dorado Hills, CA 95762

9. Key Personnel
Contractor 1: Bob Latz Cyrus Kianpour
Regional Manager President
209-304-4603 650-522-2500
[email protected] [email protected]
Contractor 2: Ron Beehler Bill Rodgers
Principal-in-Charge Principal/Project Manager
916-204-3178 916-662-0665
[email protected] [email protected]
Rodger Peterson
Principal/Plan Review Manager
916-202-2902
[email protected]

10. Option to Renew.

The initial three-year term of the Agreement may be extended up to two one-year extensions by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed five (5) years.

Attachment C 760
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).

Exhibit B:

Insurance Requirements for Consulting Services
Consultant 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 by the Consultant, its agents, representatives, or employees.

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

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (If Claims-made, see 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 Attachment C 761
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 Consultant under this agreement.

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 Consultant 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 Consultant’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 Consultant’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 Consultant’s insurance coverage to the sole negligence of the Named Insured.

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

Waiver of Subrogation
Attachment C 762
Consultant hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Consultant 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 Consultant, 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 Consultant 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
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.

Claims Made Policies (note – applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Attachment C 763
Verification of Coverage
Consultant 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 Consultant’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.

Consultant 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
Consultants 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. Consultant shall include the following language in their agreement with Subcontractors: Subcontractors hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant 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. Consultant shall provide proof of such compliance and verification to the City upon request.

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
Attachment C 764
1 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

3.2 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. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree Attachment C 765
2 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.

Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9.1 In performing the obligations set forth in this Agreement, 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 or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employeremployee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's
Attachment C 766
3 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement 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 requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

Subcontractors will be provided with a copy of the Agreement and be bound by its terms.

Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance of this Agreement 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.

10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.

Attachment C 767
4 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)

11.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement 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. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor 1 (CSG) shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of CSG or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement.

To the fullest extent permitted by law, Contractor 2 (BPR) shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of BPR or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement.

14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.

Attachment C 768
5 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

16. 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 Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest. Contractor covenants that other than this Agreement, 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 of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

Attachment C 769
6 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)

22. Governing Law. California law shall govern any legal action pursuant to this Agreement 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.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.

24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. 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 requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as Attachment C 770
7 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

Attachment C 771
1 EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other Attachment C 772
2 losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed Attachment C 773
3 basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.

6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.

7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

Attachment C 774
4 8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.

10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.

Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.

Attachment C 775
1 EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $2,500,000. (hereafter the “not to exceed” amount). Contractor acknowledges that this amount includes total compensation across two contractors on this Agreement. The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Plan Review Services: Compensation for plan review services described in Exhibit A for individual projects with a construction valuation exceeding Two Million Dollars ($2,000,000) shall be billed at the hourly rates set forth in section 4. Compensation for other plan review services described in Exhibit A shall be billed as set forth in section 3 or section 4 as agreed upon by both parties.

1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.

2. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

City of Stockton Community Development Department
Attention: John Schweigerdt, CBO
425 N. El Dorado Street
Stockton, CA 95202
Invoices shall also be emailed to:

[email protected]
Attachment C 776
2 [email protected]
[email protected]

3. Task Price. Below is the price for the services as described in Exhibit A of this Agreement.

3.1 Contractor 1 (CSG Consultants, Inc.):

Plan review fees will be based on a percentage of the City’s established Building Division services fees and includes one initial plan review and two subsequent reviews.

Description Task Price
Plan Review Services – Commercial 75% of City’s Plan Review Fees Plan Review Services – Residential 75% of City’s Plan Review Fees Expedited Plan Reviews 1.5 x Hourly Rate in Section 4
Additional Reviews, Partial Reviews,
Deferred Submittals, Revisions, RFIs
Hourly Rates in Section 4

3.2 Contractor 2 (BPR Consulting Group, LLC):

Plan review fees will be based on a percentage of the City’s established Building Division services fees and includes one initial plan review and two subsequent reviews.

Description Task Price
Plan Review Services – Commercial 52% of City’s Plan Review Fees Plan Review Services – Residential 85% of City’s Plan Review Fees Expedited Plan Reviews 145% of Hourly Rates in Section
4 Additional Reviews, Partial Reviews,
Deferred Submittals, Revisions, RFIs
Hourly Rates in Section 4

4. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for the services as described in Exhibit A of this agreement and any additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, including services beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.

4.1 Contractor 1 (CSG Consultant, Inc.):

Attachment C 777
3 Position / Role Hourly Billing Rate
Plan Review Engineer $135
Structural Engineer $150
Plans Examiner $115
Senior Building Inspector $125
Building Inspector $110
CASp Plan Review $135
CASp Inspection $135
Permit Technician $75
Overtime*, Weekends, Holidays, and
After-Hours Work

1.5 x Hourly Rates
Above

*Overtime shall be based on the City’s working schedule, currently “9/80” work schedule (i.e. eight (8) 9-hour workdays plus one (1) 8-hour workday consisting of eighty (80) hours worked in a fourteen (14) day period).

4.2 Contractor 2 (BPR Consulting Group, LLC):

Position / Role Hourly Billing Rate
Plan Review Engineer $150
Plans Examiner $120
CASp Plan Review $125
CASp Inspection $125
Building Inspector** $93 - $113
Fire Protection Engineer $150
Fire Plans Examiner $120
Fire Inspector $110
Permit Technician** $65 - $75
Building Department Support Staff $50
Overtime*, Weekends, Holidays, and
After-Hours Work
140% of Hourly
Rates Above
*Overtime shall be based on the City’s working schedule, currently “9/80” work schedule (i.e. eight (8) 9-hour workdays plus one (1) 8-hour workday consisting of eighty (80) hours worked in a fourteen (14) day period). **Specific billing rate to be determined based on level of experience and certification of individual assigned to perform services under this agreement.

Attachment C 778
1 EXHIBIT F

TIMELINE

1. Contractor shall complete the requested services identified in Exhibit A on an as needed basis, as follows:

1.1 TIMELINE FOR COMPLETION OF WORK

1.1.1 Plan Review Services: Below is the maximum turnaround times for plan review services identified in Exhibit A. Turnaround times are based on Contractor’s working days. The number of working days associated with plan review turnaround time is based on time of project submittal. The first working day will be the day the project is received if submitted by 12:00pm, if submitted after 12:00pm the first working day will be the next business day.

1.1.1.1 Contractor 1 (CSG Consultants, Inc.):

1.1.1.2 Contractor 2 (BPR Consulting Group, LLC):

Project Type
Maximum Turnaround Time
Initial Review Re-Check
Residential – New Construction 10 5
Residential – Addition 10 5
Residential – Remodel 10 5
Multifamily 10 5
Commercial – New Construction 10 5
Commercial – Addition 10 5
Commercial – Remodel, Tenant
Improvement 10 5
Large/Complex Projects Negotiable Negotiable
Expedited 5 5
Project Type
Maximum Turnaround Time
Initial Review Re-Check
Residential – New Construction 10 5
Residential – Addition 10 5
Residential – Remodel 10 5
Multifamily 10 5
Commercial – New Construction 10 5
Commercial – Addition 10 5
Attachment C 779
2 1.1.2 Inspection Services: Inspection services shall be provided on an asneeded basis, as requested by the City.

Commercial – Remodel, Tenant
Improvement 10 5
Large/Complex Projects 14 7
Expedited 5 5
Attachment C 780
City of Stockton
Legislation Text
File #: 22-0190, Version: 1

APPROVE A MOTION TO ENTER INTO A COOPERATIVE AGREEMENT WITH TELCION COMMUNICATION GROUP THROUGH MERCED COUNTY.

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

1. Approve the use of a Cooperative Agreement through Merced County Fast Open Contracts Utilization Services (FOCUS) Contract Number 2021106 with Telcion Communications Group to acquire telecommunication services, related equipment, supplies and maintenance services.

2. Authorize the City Manager, or designee, to execute a multi-year Cooperative Purchasing Agreement, expiring June 7, 2024 in an amount not to exceed $750,000 with Telcion Communication Group (Attachment A).

3. Approve findings which support and justify an exception to the competitive bid process; and

4. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of this motion.

Summary
Staff recommends entering into a new contract for a Voice over IP (VOIP) cloud-based phone system using the Cooperative Agreement with Telcion Communications Group for maintenance and repair services, hardware and supplies, and anticipated purchase of replacement telephones over the next three years at the cost of approximately $250,000 per year. The new hardware will replace aged equipment, where needed as well as provide the City the ability to scale up and add users over the contract term. The proposed contract term through June 7, 2024, is for an estimated amount not to exceed $750,000.

DISCUSSION
Background
The City Council approved motion 2017-07-11-1106 in July of 2017 and entered into a five (5) year agreement with Telcion Communications Group for a cloud-based VOIP phone system to replace the City’s on-premise phone system. The replacement of the phone system met the strategic goals of reducing the footprint of the data center by moving to a cloud solution and adding more functionality to the phone system. Moving to a cloud-based system reduced the amount of hardware and software the City must purchase and maintain, providing the City with a substantial cost savings over City of Stockton Page 1 of 3 Printed on 5/18/2022
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File #: 22-0190, Version: 1
a five-year period. Reducing the hardware in the data center reduces the energy consumption used to power and cool the data center. Reducing the amount of hardware also reduced the amount of time staff spends maintaining the system, allowing staff to focus on other projects.

Present Situation
Staff recommends entering into a new contract for a VOIP cloud-based phone system using the Cooperative Agreement with Telcion Communications Group (Attachment A) for maintenance and repair services, hardware and supplies, and anticipated purchase of replacement telephones over the next three years at the cost of approximately $250,000 per year. The new hardware will replace aged equipment, where needed as well as provide the City the ability to scale up and add users over the contract terms.

The Merced County FOCUS contract was established through a request for proposal conducted by Merced County. Utilizing this Cooperative Agreement combined with a sole source justification to use Telcion Communications Group will allow the City to continue to support operational activities with a trusted vendor at competitive prices for telecommunication services. The proposed contract has a term through June 7, 2024. IT recommends approval for an estimated amount of $750,000 which will cover the three-year contract term.

Findings
Stockton Municipal Code Section 3.68.070(A)(5) provides an exception to the competitive bidding process where the City accesses the terms of a competitively bid and negotiated cooperative purchasing agreement and where the City Council has approved findings that support and justify the exception. The findings are as follows:

1. Merced County has established a Cooperative Agreement with Telcion Communications Group to allow for the pooling of various agencies’ purchasing volume to directly reduce the cost of telecommunication services.

2. Participation in the FOCUS Cooperative Agreement for the purchase of telecommunication services, related equipment, supplies and maintenance services will provide the City with a cost savings of 45% off retail pricing for hardware, 30% off subscription pricing and 19% off warranty pricing.

3. The use of an existing Cooperative Agreement will reduce the administrative burden and time required to conduct a separate competitive procurement.

4. Telcion Communications group has been the telecommunication services provider for the City for five years. Utilizing this Cooperative Agreement allows the City to continue to support operational activities with a trusted vendor at competitive prices.

FINANCIAL SUMMARY
The Cooperative Agreement with Telcion Communications Group is for the acquisition of telecommunication services, related equipment, supplies and maintenance services. Total expenditures are not to exceed $750,000 through June 7, 2024 (reference Table 1 for annual City of Stockton Page 2 of 3 Printed on 5/18/2022
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breakdown). Budget for FY 2021-22 estimated cost is appropriated in the 510 Technology Fund, Project accounts, and Department accounts. Future annual estimated costs will be included in the annual budget appropriation process.

Table 1 - Proposed Purchase Authority
Product Type Current
Annual
Spend
FY 2022-
23 FY 2023-
24 FY 2024-
25 Total
Telecommunication services and
products from Telcion Communications
$200,000 $250,000 $250,000 $250,000 $750,000
Attachment A - COOP Agreement with Telcion Communications Group City of Stockton Page 3 of 3 Printed on 5/18/2022
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783
(Rev. 6.14.21)

COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:

1. Cooperative/Piggyback
Name:

Merced County

2. Contractor: Telcion Communications Group

3. Cooperative Agency
Agreement Name and
Agreement Number:

Merced County, Fast Open Contracts Utilization
Services (FOCUS), Agreement Number 2021106 for
Technology Solutions

4. Cooperative Agency Initial
Agreement Term:

Start Date: June 8, 2021
End Date: June 7, 2024

5. Cooperative Agency’s
Agreement-Options to
extend:

N/A

6. Cooperative Agency
Amended Term:

N/A

7. Cooperative Agency
Remaining Options to
Renew:

N/A

8. City of Stockton
Cooperative Purchase
Agreement Term:

Start Date: July 1, 2022
End Date: June 7, 2024

9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:

Not to Exceed $750,000 for the term of the
Agreement.

AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced Merced County, Fast Open Contracts Utilization Services (FOCUS) Agreement Number 2021106 (“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).

ATTACHMENT A1
784
(Rev. 6.14.21)
Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.

1. Agreement Term: The Term of this Agreement shall remain in effect from July 1, 2022 through June 7,2024 unless terminated earlier by the City. If the Cooperative/Piggyback Agency extends the COOP with the Contractor the City has the option to extend the term of this Agreement by written amendment.

2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.

To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this Agreement.

3. Compensation: City and Contractor do hereby enter into this Agreement for telecommunication services, hardware and subscriptions for voice over internet protocol (VoIP) available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor during the term of this Agreement exceed $750,000 for the term of the Agreement for the purchase of telecommunication services, hardware and subscriptions for voice over internet protocol (VoIP). Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.

4. Governing Law. California law shall govern any legal action pursuant to this Agreement 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.

ATTACHMENT A2
785
(Rev. 6.14.21)
This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.

CITY OF STOCKTON TELCION.

By: __________________________
Harry Black, City Manager Signature
____________________________
Print name
ATTEST: Title: ________________________
____________________________ [If Contractor is a corporation, signatures must Eliza R. Garza CMC, City Clerk comply with Corporations Code §313] APPROVED AS TO FORM:

By: __________________________
___________________________ Signature
City Attorney,
__________________________
Print name
Title: _______________________
ATTACHMENT A3
786

AGREEMENT FOR SPECIAL SERVICES

MERCED COUNTY
CONTRACT NO.

THIS AGREEMENT, is made and entered into by and between the County of Merced, a political subdivision of the State of Califomia, (hereinafter referred to as "County"), and Telcion Communications Group, a Califomia corporation, located at 140 West Main Street, Turlock, California, 95380 (hereinafter referred to as "Contractor").

WHEREAS, County desires to retain Contractor to perform the services in connection with the Fast Open Contracts Utilization Services (FOCUS) pursuant to Government Code Sections 25330 - 25338; and,
WHEREAS, Contractor represents it has considerable knowledge and experience relating to the performance of such services; and,
WHEREAS, the parties desire to set forth herein the terms and conditions under which said services shall be furnished.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:
1, SCOPE OF SERVICES

1.1 FOCUS Program Overview
The purpose of this FOCUS Agreement will be to provide the means for counties, cities, schools, special districts and other governmental entities in California and nationally to purchase their needed telecommunications technology solutions through a formally bid contractual relationship.

FOCUS iiso provides the means for govemments to reduce their costs of procurement while leveraging their dollars with other governments to achieve greater buying power. FOCUS offers the possibility of choosing more than one provider in each category'

1.2 FOCUS Program Design for Contractor
The program design shall incorporate the principles as they apply to the following awarded telecommunications technology categories:

Communications Services:
. Call Center Solutions (with ACD)
. Emergency Notification Solutions (Reverse 911)
. Engineering/Consulting Services
I,i i.:
-: | -r.r,iil .!riiI:r\ rr r'O Zl?) IDL
Exhibit A ATTACHMENT A4
787
. lntegrated Voice Response (lVR)
. Voice over lnternet Protocol (VOIP)
. Unified Messaging (UM)
. TelecommunicationsSystems(PBX)
. Telephone Handsets
. Voice Mail Solutions
. Wireless Voice Communication Services
lnfrastructu re:
. Cabling Services
Enterprise l\ilobility Solutions:
. Mobile Device Management
Maintenance Services
Network & Enterprise Security Solutions:
. Firewall and Virtual Private Network (VPN)
. lntrusionDetection/PreventionSolutions
. Network, Host and Enterprise Management Solutions
. Video Solutions
. Wireless Solutions (Wi-Fi)
E-Governmeni
. Web Monitoring and Filtering Solutions
Enterprise Systems:
. Virtualization(Servers)
. Virtual Desktop lnfrastructure (VDl)
. Anti-Virus, Spam, Spyware Solutions
. Data Encryption Products and Services
. Hosting Services and Applications (Cloud and SaaS)
. Radio Frequency ldentification (RFID)
. Server, Storage and Data Management Products
. Telepresencely'ideoConferencing
Training Solutions
Consulting Services
Other Goods and Services
'1.3 Services
Contractor shall provide such services in a good and professional manner in accordance with the terms and conditions stated herein, and any Exhibit A ATTACHMENT A5
788

1.4 specifically referenced attachments hereto. The following exhibits are specifically inmrporated by reference, aftached hereto, and made a part hereof, except when in conflict with this Agreement or modified herein:

Exhibit A - County's Request for Proposal #7370
Exhibit B - Contractor's Responding Proposal
Services shall include all activities of Contractor necessary to its performance of the work included in the scope herein described and shall perform all seryices as an independent contractor; not as an agent or employee ofthe County.
ln the performance of Contracto/s duties to perform such services, Contractor's services include, but are not limited to, the following:
a. Provide telecommunications products and services, using a competitively bid procurement tool, to public entities nationally. b. Offer superior products and services, at competitively bid prices, to insure public entity telecommunications goals are being achieved. c. Service FOCUS needs in specifically awarded telecommunications technology categories as listed in Section 1.2.

Conlractor Commitments
a. Selected FOCUS partners are authorized to add new product lines as needed to replace discontinued product lines. Merced County will be notified in writing of such product changes (with pricing) as they occur.
b. Not Specifically Priced ltems (NSP) - FOCUS users may order non-contracted products and services lhat are in support of the contracted items listed on the Purchase Order. Any NSP items must be peripheral and subordinate to the contracted items. The total value of all NSP items shall not exceed ten percent (10%) of the total price of the Purchase Order.
c. Merced County reserves the right to receive and process all orders at a future date.
d. Corporate level management support and resource commitment to the FOCUS Program.
e. Corporate level dedication to at least a California marketing proglzlm.

Exhibit A ATTACHMENT A6
789
f. Corporate level commitment to their sales force in promoting the FOCUS Program and rewarding successes.
g. An aggressive marketing strategy.
h. Excellence in customer support and service.
i. A commitment to use local providers and/or contracted seNices where a corporate presence does not exist.
j. A product and service quality assurance program that meets or exceeds industry excellence standards.
k. The most competitive pricing given to a state/local government agency for the array of products and/or services offered. l. An ability to include industry leaders in the corporate and product suites offered through subcontractor relationships.
m. An on-line order placemenutracking system for immediate input or retrieval of information/acknowledgments by vendor.
n. As required, a customer help desk (800 number/on-line access) to assist customer technical and administralive issues.
o. Product, service, and installation excellence to any location that meets industry's highest standards.
p. The availability and inclusion of product supplies, product training, networking services (if appropriate), and product maintenance' q. All product installations and modifications performed by supplier will be by manufacturer-authorized personnel and meet manufaclurerdocumented specifications, unless otherwise specmcally stated in the purchase order/Statement of Work.
r. All contractors offering technology services must be certified by the California Public Utilities Commission (CPUC) to offer those services. Evidence of certification from CPUC is required' s. All products offered as a part of FOCUS must meet or exceed the specifications of the referenced brands.

Exhibit A ATTACHMENT A7
790

2. 1.5 MandatoryAdministrative Requirements
a. Notify Merced County of all saies made under FOCUS, including order/delivery progress, within fourteen ('14) business days of orderb. Quarterly and annual sales reports. c. A producuservice document, paper or electronic
-
to be produced
at least four (4) times per year. Electronic documents shall be updated immediately for price reductions. The document must show the array of producvservice offerings, producvservice descriptions, and pricing schedules based on single item purchases. lf appropriate, greater price reductions are expected as volume on identical items is increased. A percent of volume discount must be provided prior to order.
d. Price increase/price decline policies. All price reduction changes must be published within seventy-two (72) hours.
e. Quarterly Administrative fees for Merced County.
f. Subcontractor list (See Agreement Attachment 1).
g. Ordering (including invoices, payments, taxes on sales and services, and retum procedures), reporting, and reconciliation procedures (See Agreement Attachment 2).
h. Support services including help desk phone numbers.
i. Wananty statements.
j. Point of contact including phone/faxle-mail informationTERM The term of this Agreement shall commence on the 8th day of June, 202'1, and continue until the 7ih day of June, 2024, unless sooner terminated in accordance with the sections entitled 'TERMINATION FOR CONVENIENCE", 'TERMINATION FOR CAUSE", or "CONDITION SUBSEQUENT/NONAPPROPRIATION OF FUNDING', as set forth elsewhere in this Agreement'

ADMINISTRATIVE FEES
Contractor agrees to pay Merced County administrative fees in accordance with the following schedule on a quarterly basis. Payment is to be made not later

3. Exhibit A ATTACHMENT A8
791
than thirty (30) days following the end of the quarter (April 30, July 31 , October 31 , January 31).
(Sales will be calculated for fiscal year of January 1st through December 31st and reset each year)
Annual Sales Through Contract Administrative Fee
$o - $2,ooo,o0o 1Yo
$2,000,000+ 0.5%

4. PUBLIC AGENCY PARTICIPATION
Any public agency, i.e., city, district, public authority, public agency, municipality and other political subdivision or a public corporation of california (hereinafter refened to as public agency) located in the state of california or any other state shall have the option of participating in any award made as a result of this proposal at the same prices, F.O.B. destination, and terms and conditions. The public agency shall make purchases in their own name, have deliveries made to their facilities, and be responsible for tax liability and payments directly to the Contractor. The public agency will hold harmless the County from all claims, demands, actions, or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with use of this Contract.

Public Agencies may not qualiff vendors for their contract offerings by using FOGUS Terms and Conditions.

PROGRAM UTILIZATION REQUIREMENTS
ln order for a public agency to utilize FOCUS contracts, the public agency must first complete an agreement with Merced county. Agreements are accomplished by referencing vendor's specific FOCUS contract number on each public agency's purchase order, forwarding original to Contractor, and providing an informltion copy to the Merced County Department of Community and Economic Development via U.S. Mail, fax, or e-mail. For ordering, reporting, and reconciliation procedures, see Contract Attachment 2'

NOTICES
All notices, requests, demands or other communications under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows:

A. Personal Delivery. When personally delivered to the recipient, notice is effective uPon delivery.

5. o.

Exhibit A ATTACHMENT A9
792
B. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified Mail. When mailed by certified mail, return receipt requested, notice is effective upon receipt, if delivery is confirmed by a return receipt.

D. Ovemight Delivery. When delivered by an ovemight delivery service, charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service.

Any correctly addressed notice that is refused, unclaimed or undeliverable because of an acf or omission of the party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messengersi or ovemight delivery service lnformation for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:
county of lverced c/o
Director
Community & Economic Development
Merced county
2222 M Slrcel
Merced, CA 95340
Contractor
Telcion Communications Group, lnc.

Danen Rodrigues
Business Technology Consultant
'140 West Main Street
Turlock, CA 95380

7. Any party may change its address by giving the other party notice of the change in any manner permitted by this Agreement.

CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING
The compensation paid to Contractor pursuant to this Agreement is based on County's continued appropriation of funding for the purpose of this.Agreement, as well as the receipt of local, county, stale and/or federal funding for this purpose. The parties acknowledge that the nature of govemment finance is unpredictable, and that the rights and obligations set forth in this Agreement are therefore contingent upon the receipt and/or appropriation of the necessary funds. ln the event that funding is terminated, in whole or in part' for any reason' at any time, this Agreement and all obligations of the County aising-from this Agreement shall be immediately discharged. County agrees to inform Contractor ni later than ten (10) calendar days after the County determines, in its sole judgment, that funding will be terminated and the final date for which funding will -be -available. Under these circumstances, all billing or other claims for compensation or reimbursement by Contractor arising out of performance of this Agreement must be submitted to County prior to the final date for which funding is available. ln the altemative, County and Contractor may agree, in such Exhibit A ATTACHMENT A10 793

6. circumstance, to a suspension or modification of either party's rights and obligations under this Agreement. Such a modification, if the pafiies agree thereto, may permit a restoration of previous contract terms in the event funding is reinstated. Also in the alternative, if funding is pmvided to the County in the form of promises to pay at a later date, whether referred to as "government warrants;', "lOU's", or by any other name, the County may' in its sole discretion, provide similar promises to pay to the Contractor, which the Contractor hereby agrees to accept as sufficient payment until cash funding becomes available'

TERMINATION FOR CONVENIENCE
This Agreement, notwithstanding anything to the contrary herein above or hereinafter set forth, may be terminated by County at any time without cause or legal excuse by poviding the other party with thirty (30) calendar days written notice of such termination.

Upon effective date of termination, County shall have no further .liability to Contractor except for payment for actual services incurred during the performance hereunder. Such liability is limited to th,e time specified in said notice and for services not previously reimbursed by County Such liability is further limited to the extent such costs are actual, necessary, reasonable, and verifiable costs and have been incuned by Contractor prior to, and in connection with, discontinuing the work hereunder.

TERMINATION FOR CAUSE
The County may terminate this Agreement and be relieved -of making any payments to Contractor and all duties to Contractor should the Contractor fail to ir"itor, ,ny material duty or obligation of the Agreement Notice shall be given as otherwiie pmvided herein. ln the event of such termination the County may proceed with ihe work in any manner deemed proper by the County All costs to [tre County shall be deduct,ed from any sum otheMise due the. Contractor and in" Ortan"", if any, shall be paid to the Contractor upon dem€nd- Such remedy Lin aodition to such other remedies as may be available to the County provided by law.

MODIFICATION OF THE AGREEMENT
Notwithstanding any of the provisions of this Agreement, the parties may agree to amend thiJ Ag;eement. No alteration or variation of the terms of this Agreement shall b; valid unless made in writing and signed.by the.parties hereto' N6 oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto

9. t0.

Exhibit A ATTACHMENT A11 794

11. INSURANCE
A. Prior to the commencement of work, and as a precondition to this Agreement, Contractor shall purchase and maintain the following types of iniurance for the stated minimum limits indicated during the term of this Agreement. Contractor shall provide a certificate of insurance and endorsements on each policy as required in this section. Each certificate of insurance shall specify if Contractor has a self-insured retention (SlR), and if so, Contractor shall be required to provide the entire policy of insurance with which it has an SIR and/or deduciible. All deductibles and SlRs shall be fully disclosed in the Certificates of lnsurance and are subject to the express written permission of the County Risk Manager.

1. Commercial General Liability: $2,000,000 per occunence and $4,OOO,OO0 annual aggregate covering products and completed operations, bodily injury, personal injury and property damage. The County and its officers, employees and agents shall be endorsed to above policy as additional insured, using ISO form CG2026 or an alternate form that is at least as broad as form CG2026, as to any liability arising from the performance of this Agreement.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage, or altematively split limits of $500,000 per person ;nd $l,OOO,OOo per accident for bodily inlury with $250,000 per accident for property damage.

3. Workers Compensation: Statutory coverage, if and as required according to the California Labor Code, including Employers' Liability limits of $1,OoO,OOO per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the County.

4. Professional Liability (Enors and Omissions): $1,000,000 limit per occurrence and $5,000,000 annual aggregate limit covering Contractor's wrongfulacts, errors and omissions. Any aggregate limit for professional liability must be separate and in add-ition toany CGL aggregate limit. Claims - made coverage requires Contractor to main'tiini minimum of three (3) years extended reporting period or tail coverage.

5. Technology Professional Liability Errors and Omissions lnsurance appropriai; to the Contractor's profession and work hereunder, with limits not less than $2,OOO,OOO per occulrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Contractor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual Exhibit A ATTACHMENT A12 795
B.
property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufflcient to respond to these obligations.

The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the Agency in the care, custody, or control of the Contractor. lf not covered under the Contracto/s liability policy, such "property" coverage of the Agency may be
endorsed onto the Contracto/s Cyber Liability Policy as covered property as follows;
Cyber Liability coverage not less than $2,000,000 per
occurrence, and sufficient to cover, the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information "property' of the Agency that will be in the care, custody, or control of Contractor.

INSURANCE CONDITIONS

1. lnsurance is to be primary and non-contributory with any insurance of the County and placed with admitted insurers rated by A M. Best Co. as A: Vll or higher. Lower rated, or approved but not admitted insurers, or any other requirement changes (such as limits) are subject to the prior approval of the County Risk Manager'

2. Each of the above required policies shall be endorsed to provide the County with thirty (30) days prior written notice of cancellation.

The County is not liable for the payment of premiums or assessments on the policy. No cancellation provisions in the insurance policy shall be construed in derogation of the continuing duty of Gontractor to furnish insurance during the term of this Agreement.

3. lf the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.
'10
Exhibit A ATTACHMENT A13 796

12. 4. lf the Contractor uses Sub-Contractors or others to perform work under this Agreement, such Sub-Contractor or other persons shall be Named lnsured or Additionally lnsured to the Contractor's required insurance coverage, or required by the Contractor to comply with equivalent insurance and conditions of this Section.

INDEMNIFICATION
Contractor has the mntracted duty (hereinafter "the duty") to indemnify, defend and hold harmless, County, its Board of Supervisors, officers, employees, agents and assigns from and against any and all claims, demands, liability, judgments, awards, interest, attorney's fees, costs, experts' fees and expenses of whatsoever kind or nature, at any time arising out of or in any way connected with the performance of this Agreement, whether in tort, contract or otherwise.

This duty shall include, but not be limited to, claims for bodily injury, pmperty damage, personal injury, and mntractual damages or otheMise alleged to be caused to any person or entity including, but not limited to employees, agents and officers of Contractor.

Contractor's liability for indemnity under this Agreement shall apply, regardless of fault, to any acts or omissions, willful misconduct or negligent conduct of any kind, on the part of the Contractor, its agents, subcontractor and employees. The duty shall extend to any allegation or claim of liability except in circumstances found by a jury or judge to be the sole and legal result of the willful misconduct of County. This duty shall arise at the first claim or allegation of liability against County. Contractor will on request and at its expense defend any action suit or proceeding arising hereunder. This clause for indemnification shall be interpreted to the broadest extent permitted by law.

PATENT INDEMNITY
The awarded Bidder shall hold the County, its officers, agents, and employees, harmless from liability of any nature in kind, including costs and expenses, from infringement or use of any copyrighted or un-copyrighted composition, secret prccess, patented or unpatented invention, article, or appliance furnished or used in connection with this proposal. The Bidder may also be required to furnish a bond or other indemnification to the County against any and all loss' damage, costs, expenses, claims, and liability for patent or copyright infringement.

INDEPENDENT CONTRACTOR
It is mutually understood and agreed that Contractor is an independent Contractor in the performance of the work duties and obligations devolving upon Contractor under this Agreement. County shall neither have, nor exercise any control or direction over the methods by which Contractor shall perform the assigned work and functions. The contractual interest of County is to assure that

13. 14.
11 Exhibit A ATTACHMENT A14 797

15. the services covered by this Agreement shall be performed and rendered in a competent, efficient and satisfactory manner.

It is agreed that no employer-employee relationship is created and Contractor shall hold County harmless and be solely responsible for withholding, reporting and payment of any federal, state or local taxes; any contributions or premiums imposed or required by workers' compensation; any unemployment insurance; any social security income tax; and any other obligations from statutes or codes applying to Contractor, or its subcontractors and employees, if any.

It is mutually agreed and understood that Contractor, its subcontractors and employees, if any, shall have no claim under this Agreement or otheMise against the County for vacation pay, sick leave, retirement or social security benefits, occupational or non-occupational injury, disability or illness, or loss of life or income, by whatever cause.

Contractor shall insure that all its personnel and employees, subcontractors and their employees, and any other individuals used to perform the contracted seNices are aware and expressly agree that County is not responsible for any benefits, coverage or payment for their efforts.

RECORDS, INFORMATION AND REPORTS
Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement. To the extent permitted by law, County shall have free access at all poper times or until the expiration of four (4) years after the fumishing of services to such records, and the right to examine and audit the same and to make transcrjpts therefrom, and to inspect all data, documents, proceedings, and activities pertaining to this Agreement.

To the extent permitted by law, Contractor shall furnish County such periodic reports as County may request pertaining to the work or services undertaken pursuant to this Agreement. The costs and obligations incurred or to be incurred in connection therewith shall be borne by the Contractor.

OWNERSHIP OF DOCUMENTS
To the extent permitted by law, all technical data, evaluations, plans, specifications, reports, documents, or other work products developed by Contractor hereunder are the exclusive property of County and upon request of County shall be delivered to County upon completion of the services authorized hereunder. ln the event of termination, all finished or unfinished documents and other materials, if any, at the option of County, and to the extent permitted by law, shall become the property of the County. Contractor may retain copies thereof for its files and internal use.

16. 12
Exhibit A ATTACHMENT A15 798

17. Any publication of information directly derived fmm work performed or data obiained in connection with services rendered under this Agreement must be first approved by County.

QUALITY OF SERVICE
Contractor shall perform its services with care, skill, and diligence, in accordance with the applicable professional standards currently recognized by such profession, and shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all reports, designs, drawings, plans, information, specifications, and/or other items and services fumished under this Agreement.

Contractor shall, without additional compensation, conect or revise any elrors or deficiencies immediately upon discovery in its reports' drawings, specifications, designs, and/or other related items or services.

PERSONAL SATISFACTION AS A CONDITION PRECEDENT
The obligations of County as provided in this Agreement are expressly condition;d upon Contractols compliance with the provisions of this Agreement to the personal satisfaction of the County. County shall determine compliance in good faith as a reasonable person would under the circumstances'

ENTIRE AGREEMENT
This Agreement and any additional or supplementary document or.documents incorpoiated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other contracts' oral or.otherwise' re-garding tne suUlect matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto.

PRICING
lf the FOCUS partnering contractor's prices decline, or should Contractor, at any time during ttrb term oi this Agreement, provide the same or similar goods or services uider similar quantity and delivery conditions and terms and conditions oi purchase to the State of Cilifomia or any county, municipality or district of the stjte at prices below those set forth in this Agreement,. then-such lower prices shall be immediately extended to Merced County and the FOCUS users up to and including date of shipment from Contractor's shipping point

COUNTY NOT OBLIGATED TO THIRD PARTIES
County shall not be obligated or liable hereunder to any party other than Contractor.

18. t9-
20-
2',t.
13 Exhibit A ATTACHMENT A16 799

23. 22.

25. LAWS, LICENSES, PERMITS AND REGULATIONS
Contractor and County agree to comply with all State laws and regulations that pertain to construction, health and safety, labor, minimum wage, fair employment practice, equal opportunity, and all other matters applicable to Contractor and County, their sub-grantees, Contractors, or subcontractor, and their work.

Contractor shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of Califomia, County of Merced and all other appropriate govemmental agencies, including any certification and credentials required by County. Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement by County.

LIMITED AFFECT OF WAIVER OR PAYMENT
ln no event shall the making, by County, of any payment to Contractor constitute, or be construed as, a waiver by County of any breach of covenant, or any default which may then exist, on the part of Contractor. The making of any such payment by County while any such breach or default shall exist, shall not be construed as acceptance of substandard or careless work or as relieving Contractor from its full responsibility under this Agreement.

No waiver by either party of any default, breach or condition precedent shall be valid unless made in writing and signed by the parties hereto. No oral waiver of any default, breach or condition precedent shall be binding on any of the parties hereto. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder.

PERSONNEL
Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. All of the services required hereunder will be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.

APPLICABLE LAw; VENUE
All parties agree that this Agreement and all documents issued or executed pursuant to this Agreement as well as the rights and obligations of the parties hereunder are subject to and govemed by the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. No

24. 14
Exhibit A ATTACHMENT A17 800

27. 26.

24. interpretation of any provision of this Agreement shall be binding upon County unless agreed in writing by County and counsel for County.

Notwithstanding any other provision of this Agreement, any disputes conceming any question of fact or law arising under this Agreement or any litigation or arbitration arising out of this Agreement, shall be tried in lvlerced County, unless the parties agree otheMise or are otheMise required by law.

BREACH OF CONTRACT
Upon breach of this Agreement by Contractor, County shall have all remedies available to it both in equity and/or at law.

REMEDY FOR BREACH AND RIGHT TO CURE
Notwithstanding anything else in this Agreement to the contrary, if Contractor fails to perform any obligation of this Agreement, the County may itself perform, or cause the performance of, such agreement or obligation. ln that event, Contractor will, on demand, fully reimburse County for all such expenditures Altematively, County, at its option, may deduct from any funds owed to Contractor the amount necessary to cover any expenditures under this provision.

This is in addition to any other remedies available to the County by law or as otheMise stated in this Agreement.

SUCCESSORS IN INTEREST
All the terms, covenants, and conditions of this Agreement shall be binding and in full force and effect upon any successors in interest and assigns of the parties hereto. This paragraph shall not be deemed as a waiver of any of the conditions against assignment set forth herein.

CONFLICT OF INTEREST
Contractor covenants that it presently has no inlerest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Contractor shall ensure that no mnflict of interest exists between its officers, employees, or subcontractors, and the County. Contractor shall ensure that no County officer or employee in a position that enables them to influence this Agreement will have any direct or indirect financial interest resulting from this Agreement. Contractor shall ensure that no County employee shall have any relationship to the Contractor or officer or employee of the Contractor, nor that any such person will be employed by Contrrctor in the performance of this Agreement without immediate divulgence of such fact to the County.

29. Exhibit A ATTACHMENT A18 801

30. NONDISCRIMINATION IN EMPLOYMENT, SERVICES, BENEFITS AND

FACILITIES
Contractor and any subcontractors shall comply with all applicable federal, state, and local Anti-discrimination iaws, regulations, and ordinances and shall not unlawfully discriminate, deny family care leave, harass, or allow harassment against any employee, applicant for employment, employee or agent of County, oi recipient of services contemplated to be provided or provided under this Agreement, because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 4o), medical condition (including HIV and AIDS), or physical or mental disability. Contractor shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of County employees and agents, and recipients of services are free from such discrimination and harassment.

Contractor represents that it is in compliance with and agrees that it will continue to comply with the Americans with Oisabilities Act of 1990 (42 U.S.C. S 12101 et seq.), the Fair Employment and Housing Act (Government Code SS 12900 et seq.), and ensure a workplace free of sexual harassment pursuant to Government Code 12950 and regulations and guidelines issued pursuant thereto.

Contractor agrees to compile data, maintain records and submit reports to permit effective enforcement of all applicable antidiscrimination laws and this provision' Contractor shall include this nondiscrimination pmvision in all subcontracts related to this Agreement and when applicable give notice of these obligations to labor organizations with which they have Agreements.

CAPTIONS
The captions of each paragraph in this Agreement are inserted as a matter of convenience and reference only, and in no way define, limit, or describe the scope or intent of this Agreement or in any way affect it.

SUBCONTRACTS. ASSIGNMENT
Contractor shall not subcontract or assign this Agreement, or any part thereof, or interest therein, directly or indirectly, voluntarily or involuntarily' to any person without obtaining the prior written consent by County. Contractor remains legally responsible for the performance of all contract terms including work performed by third parties undei subcontracts. Any subcontracting will be subject to all applicable provisions of this Agreement. Contractor shall be held responsible by County for the performance of any submntractor whether approved by County or not.

31. 32.
'16
Exhibit A ATTACHMENT A19 802

34. Contractor hereby assigns to the County all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 1 5) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Parl 2 ol Division 7 of the Business and Professions Code), arising from the purchase if goods, materials, or services by the Contractor for sale to the County pursuant to this Agreement.

SEVERABILITY
lf a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portion of them, will not be affected. Compensation due to Contractor from the County may, however, be adjusted in proportion to the benefit received despite the removal of the effected provision.

DUPLICATE COUNTERPARTS
This Agreement may be executed in duplicate counterparts, each of which shall be deemed a duplicate original. The Agreement shall be deemed executed when it has been signed bY both Parties.

Signature page to follow
17 Exhibit A ATTACHMENT A20 803

COUNTY OF TIIERCED
Daron McDaniel
Name
Chairman. Board of Suoervisott
Title
JUN 8 2021
Dat6d

APPROVEDASTO FORM

FORRESTW HANSEN
Telcion Gommunications GrouP
Name
hr:rav"l tnq t Ola-{''
Title
s ln\zt
Jeff Grant, Deputy County Counsel lV
g 6ir,P f{^,r, t, tnt-,

MERCED COUNTY COUNSEL
18 Exhibit A ATTACHMENT A21 804
ATTACHMENT 1

SUBCONTRACTORS
Berk-tek
Cisco
Panduit
19 Exhibit A ATTACHMENT A22 805
ATTACHMENT 2

ORDERING, REPORTING, AND RECONCILIATION PROCEDURES
ORDERING:

To order from the FOCUS Contract, Contractor needs:

1. A public agency purchase order (P'O.), stating the FOCUS Contract Number, made out to Contractor.

2. Confirmation that a copy of the P.o. has been sent to county via u.s. Mail or email.

Contractor can receive information in the following ways: U.S. Mail or email:

US mail:

Telcion Communications
Sales/FOCUS Contract orders
140 West Main Street
Turlock, Ca 95380
Email:
[email protected]
Upon receiving the above, Contractor will proceed with the ordering of the equipment delivered to Contractor ior delivery to the customer. The Order Administrator will also send a copy of the P.O. to the County.

REPORTING AND RECONCILIATION:

Contractor will report to County on a quarterly basis. The report and associated lees will be sent by Contractor no later than the 30h of the month, following the end of the q-uarter.(January 30s April 30th, July 30th, october 3oh) to the county via carrier. copies of P.o.'s will also be included.

Exhibit A ATTACHMENT A23 806
DEPT ID CED 1338
BOARO AGET{DA ITEilI
TO: BOARD OF SUPERUSOA$
1OAM 2
THROUGH:

FROTS:

SUBJECT:

JATES L. BROI'UH, COUHTY EXECUTUE OFFICER
TARK J. HENDRICKSOX, COMNUfiffY AilD DIRECTOR
PUBLIC HEARING FOR REQUE$T rOR pROpOSAL HO. (RFp) NO. 7370 FOR THE FAST OPE}I COT{TRACT$ UTILilZATIOfiI SERVEES (FOCUS} PROGNAT PROUDIT.IG TECHNOLOGY EXPERTISE, EQUIPilEI'IT, SERVICES, AND SYSTEilIS COHTRACT AWARDS SUiftlARY: On November 30 ,2020, RFP No. 7370 for FOCU$ Technology Expertlse, Equipment, Services, and Systems was released by Adminislrative Services. The RFP alloring multiple vendor awards in 46 categories closed on January 15,2A21with four responses received"
The Evaluation Gommittee (rapresentatives from Gommuni$ and Economic Development) reviewed the four responsec. The Cornmittea concuned that the special servim described in fie propo# contract awads pending authorization by the Board will not adversely impact the prsvieion of similar services by private sector companies or individuals within the Gounty since all are given an opportunrty to participate in the RFP process" Further, the finding of the Board of no adverse irnpacl complies with the requirements of Govemment Gode Ses{ion 25332.

On April 6,2A21, the Board set a public hearing for 10:00 a.m. on April 27, 2021 as Govemment Code Section 253,33
-
Provision of County Services requires a public hearing be conducted hfore the Board may approve FOCUS contracts.

STAFFING lilPACT: None bythis action.

FISCAL lillPACT: Norp by this ac'tion.

COHTRACT'RESOLUTIOH'AB$TRACT $UBUITTED: NO
REVIEW:

XAuditor-Controller EIRCrnin $ervices EICeO
Beparlnent Contacfi Mark J. Hendrickson, Ext. 4400
REQUEST'RECOTMIEHDATION'ACTIO}I HEEDED:

Xlcounset filnist

1. Recommend the Board open the public hearing, receive testimony, close the public hearing, and approve Request for Proposal No. {RfP} No. 7370 list of categorical awards to vendors as listed in Exhibit A. 2. Request the Board find, based on the evidenre in the record, that the prcvision of *pecial services describecl in the proposed contracts will not adversely impact the provision sf eimilar services by private sector companies or individuals wtthin the County. 3. Request that the Board authorize CEO to negotiate thnee-year master prire agreemenB wittr each selecied vendor as authorized urder Government Code sections 25330 et seq. and 6500 et seq. and retum to the Board for contraet approval, which will utilize the Joint Porcrs Authority structure to enable public agencie to efficiently proaurs technology, equipment, ssrvicee, and qetenrs through the County's competitive solicitation.

Far BoeN Sffi Only
BOARD ACTION: 4127nA21

PAREIRA / ESPINOZA - APPROVED RECOMMENDATION
TO: CED

BOARD ORDER
Target Date: ir/27n1
Exhibit A ATTACHMENT A24 807

EXHIBIT A
Request for Proposal (RFp) No. 7570
List of FOCUS Vendor CatiegoricaiAwards
CATEGORY VENT}OR AYI'ARDS uommuntGauons $erv*ca8
CallCenter Solutions (with ACD)
Emergency Hotificqtion $olutions (Reverse gt tt AMS.NET; NTT; Tetcion Engineering/Consulting Services AMS.NET; 4T&T; NTT; Tetcion lntegrated Voice Response (lVR) AMS.NET; AT&T; NTT: Tetcion Voice orrer lntemet Protocol {VOlp) AMS.NET; AT&T; NTT; Tetcion Unified Messaging (UM) AMS.NET' AT&T: Nfi: Tetcion
Long Distance $ervices (Switched, Dedicated)
Telecommunigtions $vstems fpBX) 4ldS.NET; AT&T: Telcion Telephole l-landsets AM$.NET; AT&T; NTT; Tetcion YaleQ &dail$olutions AM$.NET: AT&T: NTT: Telcion
Wir,elqss Voice Communication $ervioes AM$.NET; AT&T: NTT: Telcion Application Development
Development AT&T: NTT
lnstallation $olutions AT&T; NTT
Version Control $olutions AT&T; i'ITT
lnfrastructure
Battery Backup Systems AMS.NET: AT&T: NTT
Cabling Services AMS.NET; AT&T: Telcion
Energy Auditirg and Management Solutions AMS.NET
Ent*rprise iltobility Solutions
!{obile Device Management AMS.NET; NTT; Telcion
Mobile Devices {Tablets}
Mobile Applications AM$.NET;AT&T
ilaintenance Senices AMS.NET;Telcion
Network Host & Enterprise Securis Solutione
Firewall & Mrtual Private Netnrro* (VPN) $olutions AMS.NET; AT&T; NTT; Telcion lntrusion Detection / Prevention $olutions AMS.NET; AT&T; NTT; Telcion Network, Host & Enterprise Manegement Solutions AMS. N Er;AI$f ; Irr; r_s19i9t'l Transport Solutions (PRl, MPLS, Supertrunks, AT&T
C0 Business Lines, Optical, Satellite, Wreless)
Mdeo Solutions AMS.NET; AT&T; NTT; Telcion
lAfi reless $olutions flAli-Fi) AMS.NET; AT&T; NTT; Tetcion r .t
E€overnment
Web SiteAnalytics
Web $ite Content hllanagemert $olutions
Web Site Design, Development, Hosting Servlcei
Exhibit A ATTACHMENT A25 808
WebSiteDevetopmaffi
Web site tntra
lJl&rh ilani+^;
- - _y .!ryr r..v. .1 .l, s I ltts, fi r1J rJlJtt [lL,' tU Web Site Portatsoluib
Ea,1a*
1/ir{r rali:ali^ n ($eygrsJ
".. .
ltoplntrastruauiffi lfam,spywffirtion ProduA,
--
)lutlons
tencv ldentification fRHnl
VirtualDesl,
Anti-Mrus, {
?ata Encryt
Helpdesk $r
Hosting Ser
Radio Freqt
AMS.NET; AT&T; NTr; Telcion
AMS.NET; AT&T: NTT: Tetcion
AM$.Ntst;NIt; tetcion
AM$.NET; NTT;Tetcion
,1lOrl; Nl I
AT&T; NTT;Teffi
NTT; Telcion
Server, Stolage & Data Mant_ffi AMS-NET: NTT'Telcinn
AM$.NET; AT&T: NTT: Tetcion : t;:;:l-l ::,.,rlilil ll:;:i-'ll t{ill{..;tulirj =ritt :::;l{ir'!lr:,::', ;ii{:i:,tri,i:l
I rer..rtru rat ll.Lt llil A[{S.NET; NTT;Tetcion
:...;t.i ,.,,,';,,{-;;.i;rir.r,;ii} riir'ii'.ffim7qTiifr%I ili:i;ri:1i|# Consulting $ervicas AMS.NET; AT&T; NTf; Telcion l.-.1., ti} ataL-- r. {+};;i.1ffi;lr1liiiL,ffi
gI TYIf;EIS AMS"NET; AT&T; Nfi; Tetcion
Exhibit A ATTACHMENT A26 809
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 IT Professional Services
IT Consultant 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 by the Consultant, its agents, representatives, or employees. IT Consultant shall procure and maintain for the duration of the contract insurance against claims arising out of their professional services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

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.

3. Workers’ Compensation insurance 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.
(Not required if consultant provides written verification it has no employees)

4. Technology Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic Exhibit B ATTACHMENT A27 810
information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. (If Claims-made, see 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 Consultant under this agreement.

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

Primary Coverage
Exhibit B ATTACHMENT A28 811
The Additional Insured coverage under the Consultant’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 Consultant’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.

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 Consultant 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 Consultant’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Consultant’s 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
Consultant hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Consultant 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 Exhibit B ATTACHMENT A29 812
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 Consultant, 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.

Claims Made Policies (note – applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis:

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

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

Verification of Coverage
Consultant 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 Consultant’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.

Exhibit B ATTACHMENT A30 813
Consultant 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.

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 ATTACHMENT A31 814
Telcion Communications Group
140 W. Main Street | Turlock, CA 95380
209.632.5700 | www.telcion.com
City of Stockton 1
Cisco Hosted Solution and Pricing
2022-01 City of Stockton UC Services
Prepared for: City of Stockton
Presented by: Darren Rodrigues
Authored by: Jeff Senger
January 10, 2022
Client Contact Information
Client Name City of Stockton
Project Name 2022-01 City of Stockton UC Services
Client Contact
Client Contact Email
Exhibit C ATTACHMENT A32 815
Telcion Communications Group
140 W. Main Street | Turlock, CA 95380
209.632.5700 | www.telcion.com
City of Stockton 2

EXECUTIVE SUMMARY
City of Stockton is operating a hybrid Cisco Collaboration system in the Telcion cloud data center. City of Stockton is looking for additional features and more flexibility as they continue to offer critical services to the residents of Stockton. Telcion is recommending to continue to use the the Cisco Collaboration system with new Cisco Flex collaboration licensing to offer the City of Stockton flexibility to utilize its existing investments in equipment while gaining new features for mobile users, "softphones" for users that do not need physical phones, and the ability to migrate all the licensing to a complete cloud solution in the future.

SOLUTION PRICING
Telcion Communications is providing pricing based upon user, as requested by City of Stockton. Telcion is using pricing that is less than or equal to the pricing available via the Merced FOCUS contract (https://www.co.merced.ca.us/3015/Gov-2-Gov-FOCUS). Telcion’s contract is located here - https://www.co.merced.ca.us/DocumentCenter/View/27685/6-8-21-Telcion-FOCUS-Contract?bidId= .

Our pricing offer for Merced FOCUS is 45% off list price for hardware/software, 30% off subscriptions and 19% off SmartNet.

For our price per user offering, Telcion is including one time charge items into a monthly price at 0% interest over 36 months (included in the MSP price). Telcion will provide a separate quote that shows individual prices.

Telcion is also increasing the Managed Service Provider (MSP) to the levels we discussed (see section later in this document).

Hosted VOIP User Type User Count Per Month Per Year Total Per Month Hosted & MSP & Flex Calling 1131 $15.01 $180.12 $16,976.31 Webex Meetings 25 $44.33 $531.96 $1,108.25
Call Center FLEX Standard 40 $33.70 $526.01 $1,348.00
Call Center FLEX Premium 8 $44.94 $660.89 $359.52
Monthly Total $19,792.08
Annual
Payment $237,504.96
Exhibit C ATTACHMENT A33 816
Telcion Communications Group
140 W. Main Street | Turlock, CA 95380
209.632.5700 | www.telcion.com
City of Stockton 3
For any users ADDED mid-term, the rate would be the following rates:

ADD VOIP User Type User Count Per Month Per Year
Hosted & MSP & Flex Calling 1 $12.57 $150.84
Webex Meetings 1 $44.33 $531.96
Call Center FLEX Standard 1 $33.70 $526.01
Call Center FLEX Premium 1 $44.94 $660.89
For instance, if City of Stockon wishes to add 10 users to the solution, the additional charge would be $12.57 per user/month. If 5 months remained in the current year, this would be $628.50. At the next annual billing, Telcion would bill for 1131 users (at the base rate) plus the 10 new users or 1141 users total.

In another example, City of Stockon wishes to add 5 new users, which are also standard contact center users/agents. The rate would be $12.57 plus $33.70 or $46.64/month prorated over the remainder of the current year.

One last example, City of Stockton wished to ADD to an EXISTING user the ability to be a Premium Call Center agent. In this case, the additional price per month would be $44.94 proated over the remainder of the current year.

Note: Cisco does not allow user count to be reduced over the 3 year term, so the base starting users counts would be charged through the entire contract term.

Exhibit C ATTACHMENT A34 817
Telcion Communications Group
140 W. Main Street | Turlock, CA 95380
209.632.5700 | www.telcion.com
City of Stockton 4

SOLUTION DESCRIPTION
Telcion Communications recommends a Cisco Unified Communications Manager solution via the Cisco Collaboration Flex plan, which provides the entire Cisco Collaboration suite of messaging, presence, voicemail, and E911 tools. The calling services will be provided via Cisco Unified Communications Manager. Voice mail and messaging services are provided from Cisco Unity Connections and are integrated with the City of Stockton Microsoft 365 email services. Instant Messaging and Presence services are provided to assist the receptionist know when stations are in use. Cisco Emergency Responder is provided to provide compliance with Kari's law for notification when 911 is dialed along with location services. The Cisco applications will send telemetry and calling data to the central Cisco Webex Control Hub for reporting and analytics. The Cisco Webex application will provide additional collaboration and softphone services from any mobile device. End users will have access to a self-care portal to control and manage their own personal settings simplifying ongoing user management tasks.

The high-availability design of multiple servers in the cloud and a new on-premise backup server with survivability services enabled on Cisco voice gateway routers will keep phone services available even if applications fail.

While Telcion will continue to provide the redundant telephony services under the new contract for City of Stockton, here are all the additional features and services that City of Stockton will be provided:

1. Cisco Webex Control Hub with Analytics - Cisco Webex Control Hub is a central web portal that will display information about the overall Collaboration system, configured users, integrations, and analytics about the operations. Analytics such as call quality, quantity, and gateway utilization rates will all be available. Webex application users will be configured from the Cisco Webex Control hub.

Below is an example dashboard provided from the Cisco Webex Control hub with added analytics:

Exhibit C ATTACHMENT A35 818
Telcion Communications Group
140 W. Main Street | Turlock, CA 95380
209.632.5700 | www.telcion.com
City of Stockton 5

2. Cisco Webex application with Cisco Expressway for local and remote users – The Cisco Webex application under the Cisco Flex collaboration licensing plan will be configured for the City of Stockton users. The Cisco Webex application provides a replacement for the older Cisco Jabber application and is used for messaging, meeting, and calling. It operates as a softphone for users that may or may not want a physical Cisco IP phone. It is available for desktop and mobile operating systems, managed through the Cisco Webex Control Hub.

Below is a screen shot of one of the possible configurations of the Webex application in dark mode:

Exhibit C ATTACHMENT A36 819
Telcion Communications Group
140 W. Main Street | Turlock, CA 95380
209.632.5700 | www.telcion.com
City of Stockton 6
The Cisco Webex application will provide remote calling services to City of Stockton users through the new Cisco Expressway servers deployed in the Telcion cloud data center. The new Cisco Expressway Core and Edge virtual servers will provide the Cisco Webex application to provide softphone calling services to City of Stockton users whether they are on-premise in the office or roaming outside of the City of Stockton network. Single-Sign-On will be configured for users of the Webex application through the Cisco Webex Control Hub with the integration of the City of Stockton Active Directory services.

Single-Sign-On can work with on-premises Active Directory servers, Azure Active Directory, or other directory services and will provide the most seamless end-user experience with the Cisco Webex application.

Cisco Expressway with the Cisco Webex application operates in the following manner:

The Cisco Webex application will also provide the option to integrate the City of Stockton calling infrastructure with Microsoft Teams (if desired). The Cisco Webex application offers an integration into the Microsoft Teams application to provide calling from Microsoft Teams to and from Cisco endpoints with the existing PSTN services. There is no additional cost for this integration. It requires the deployment of the Cisco Webex "Call" application in the Microsoft Teams Administration center along with the synchronization of user data between the Cisco Webex Control Hub and the Microsoft Teams Administration center.

Below is a diagram of the Microsoft Teams integration with the Cisco Webex application:

Exhibit C ATTACHMENT A37 820
Telcion Communications Group
140 W. Main Street | Turlock, CA 95380
209.632.5700 | www.telcion.com
City of Stockton 7

3. Refreshed Redundant Cisco Server – A new Cisco BE7000H server will be installed on the City of Stockton premises to provide the latest hardware and software services as part of the hybrid cloud solution. The new Cisco server will be running the latest VMware ESXi version and Cisco software.

Telcion will manage this server to provide the City of Stockton with the highest level of redundancy in case the connection to the Telcion cloud ever fails.

4. Greater System Usability Feature Deployment – To provide greater ease of use with the Cisco Collaboration system, Telcion will be working with the City of Stockton to enable and adopt features of the system that will provide the user base with greater functionality. a. Active Directory Integration – integrate the directory of the Cisco Unified Communications Manager with the City of Stockton Active Directory to allow for users to be assigned to phone devices. The assignment of Active Directory users will allow for end-users to manage their phone settings with their same Microsoft Active Directory username and password. b. Cisco Personal Communications Assistant (PCA) Web Portal – The Cisco PCA web portal allows users to control their personal phone and voicemail settings. It allows users to reset their voicemail PIN. Telcion will confirm password settings for all the users to this portal and coordinate with the City of Stockton for the widespread adoption of its usage to allow users to reset their voicemail PIN's on-demand.

Exhibit C ATTACHMENT A38 821
Telcion Communications Group
140 W. Main Street | Turlock, CA 95380
209.632.5700 | www.telcion.com
City of Stockton 8
c. Simplified Phone Activation with 16 digit codes – Cisco Unified Communications Manager allows for phones to be activated with 16 digit codes. This new feature simplifies the onboarding of new phones. Telcion will configure activation codes and train the City of Stockton on how to use it.
d. Unified Messaging in Cisco Unity Connections – The City of Stockton currently has seven users configured for unified messaging in the Cisco Unity Connections platform. This feature enhances the delivery and management of voicemail messages in Microsoft 365 users, synchronizing the reading and deletion of messages in a mailbox with the message waiting indicator on the IP phone. Telcion will coordinate with the City of Stockton to more widely deploy this feature to allow more end-users to benefit from this feature.

5. Regular Patches and Updates to the Entire Cisco Collaboration System – All virtual servers and Webex application updates are included with the Telcion service. The Webex application will automatically update itself on a monthly basis. The virtual servers operating the core infrastructure services will be updated as Cisco publishes the recommended patches. Major upgrades will be completed when they are fully vetted as stable and relatively bug-free. The key is to balance regular upgrades without causing unnecessary downtime with maintenance windows for the City of Stockton, so Telcion will coordinate with the City of Stockton to develop a cadence that works best for operations. Critical updates (such as the recent "log4j2" vulnerability issue) will always be addressed immediately by Telcion.

OPTIONAL ITEMS
Telcion is offering these two additional options to the City of Stockton, which can be added during the contract:

1. SIP Migration – Telcion will migrate the City of Stockton to the selected PSTN carrier, changing the voice gateway configurations to integrate with the new carrier, porting phone numbers as required. Border element session licensing may be required for the SIP migration based on the final carrier design and handoff. Telcion will coordinate with the selected carrier to design a redundant PSTN services delivery for the City of Stockton while keeping the costs as low as possible.

2. Cisco Emergency Communication Solution (CECS) Deployment - The Cisco Emergency Communication (CECS) Solution delivers the highest level of safety to Cisco Calling customers Exhibit C ATTACHMENT A39 822
Telcion Communications Group
140 W. Main Street | Turlock, CA 95380
209.632.5700 | www.telcion.com
City of Stockton 9
enabling them to send mass alerts, activate panic buttons, automate severe weather alerts and access to Enhanced 911 support for remote teleworkers, IP phones, and soft clients. The solution comprises the Singlewire InformaCast Fusion and Everbridge E911 Anywhere products.

It offers the following features:
a. Integration with Cisco Emergency Responder for automatic on-premises device location b. Access to RedSky’s MyE911® for nomadic Jabber/Webex users c. E911 emergency call routing to location appropriate PSAPs in the US and Canada d. Enhanced Notification: EON, email and text alerts for E911 calls as well as E911 call monitoring, call barge and call recording
e. API integration that allows location and caller information to pass from E911 Anywhere to InformaCast for broad and intrusive notification and escalation f. Critical notification alerts for severe weather, building lockdown, panic button activation and more
g. Workflow notifications for school bells and announcements, paging, IT and IoT alerts, hospital codes and more
h. Advanced paging and audio notifications
i. Integration with 3rd party devices like IP speakers, digital signage, access control and numerous sensors
Option 1 or 2 are available at additional cost to the City of Stockton.

Exhibit C ATTACHMENT A40 823
Telcion Communications Group
140 W. Main Street | Turlock, CA 95380
209.632.5700 | www.telcion.com
City of Stockton 10

SCOPE OF MANAGED SERVICES
Telcion offers a complete managed service offering. The following items are included in your agreement.

This agreement Includes onsite for critical infrastructure and remote remediation of phone related issues. All hardware and software will be covered with manufacturers maintenance to assure layered protection against faulty hardware or updated software versions being needed. Phones not covered by manufacturer support will not have warranty or replacement.

Telcion Communications is offering increased support services to include moves/adds/changes to the existing users and system (including call center scripts), as well as upgrades to software. New equipment or phones are not included in the contract, but would handled outside the contract.

Cisco Voice & Video Applications and InfrastructureCisco Unified Communications Manager (CUCM) • Moves, Adds, Changes, of system users.
• Minor and major version updates as needed.
• Review Event Logs for Error Messages.
• Assure backups are being handled
• Check Backup Status.
• Smart Licensing Monitoring.

Unity Connections (UNITY)
• Moves, Adds, Changes, of system users.
• Call handler changes.
• Reset Users passwords as needed.
• Check Voice Mail Port Registration.
• Check Backup Status
Unified Contact Center Express- (UCCX)
• Moves, Adds, Changes, of system users.
• Work with any finesse connectivity issues to server.
• Scripting changes.
• Minor greeting changes.
• Professional voice recordings not included if client chooses this service to professionally record greetings.

Expressway Servers (standalone or virtual servers)
• Assure Expressway server connectivity with remote devices • Manage any connections to expressway server.

Exhibit C ATTACHMENT A41 824
Telcion Communications Group
140 W. Main Street | Turlock, CA 95380
209.632.5700 | www.telcion.com
City of Stockton 11
• Monitor server performance and assure servers are performing to meet business needs. • Assure MRA functionality is available
Redundant Cisco Business Edition Server on site (or Standalone Cisco servers running voice applications.)
• Monitor server performance, Disk Space, Service Availability • Monitor and manage configuration backups
• Monitor uptime and response time
• Monitor Centralized Logs for Error Messages and Warnings • Perform necessary maintenance and provide 24 hours/day seven (7) days/week real-time monitoring of the servers
• Immediate notification and proactive resolution of identified issues. • Update hosts with Critical patches via VUM (only if customer environment can handle one server at a time to be in Maintenance Mode) *Install Critical patches as needed or critical update recommendation from manufacturer.

Cisco Voice Gateway Routers
• Manage and monitor Voice Gateway functionality
• Troubleshoot Connectivity issues
• Monitor status of device to assure all router systems are running and up. • Backup and Archive Device Configuration(s).
• Make recommendations as needed
Webex App (soft client for calling) & Meetings
• Adds or changes to users needing access to teams and meetings • Instructions for users to download software or have software pushed to their desktop • Assuring users can connect to services needed
• Support for issues with connectivity to Video Conferencing units or personal video devices such as DX80’s
• Any issues users have with teams or meetings.

Carrier Services- (Advanced Circuit Troubleshooting)
• Work with carrier to remediate any voice related issues • Work to remediate any termination issues going into the Cisco routers as needed. • Work to rectify with the carrier, PRI, SIP, MPLS, Internet circuit issues as they arise with the carrier to identify.
• New cutovers will require a predefined work scope on what is changing and the impact of that change. A project may be required depending upon the change requested for new or major services changes.

Exhibit C ATTACHMENT A42 825
Telcion Communications Group
140 W. Main Street | Turlock, CA 95380
209.632.5700 | www.telcion.com
City of Stockton 12
• Carrier outages will be identified, but the responsibility is with the carrier to restore services, prior to Telcion troubleshooting any issues internally. We are not responsible for outages from the carrier.

Things to Know-
• This agreement is an insurance policy, as we make sure to handle issues until they are resolved.

Our goal is to work proactively to avoid issues, but as we know, things happen, and we are here to resolve those issues.
• Telcion may require the manufacturers technical support to be involved, so we will require all hardware and software maintenance to be purchased by the client. We can help with that, but hardware & software maintenance is not included in this agreement. • For after-hours support, you will be given an emergency with a code to use.

Exhibit C ATTACHMENT A43 826
City of Stockton
Legislation Text
File #: 22-0318, Version: 1

APPROVE FINDINGS AND EXECUTE CONTRACT AGREEMENTS FOR THE PURCHASE OF

WATER AND WASTEWATER TREATMENT CHEMICALS THROUGH THE BAY AREA CHEMICAL

CONSORTIUM

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

1. Approving findings in support of an exception to the competitive bidding process.

2. Authorize the City Manager to execute six (6) contracts for the purchase of chemicals for water and wastewater treatment for Fiscal Year 2022-23.

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

Summary
In 2013, the City of Stockton (City) joined the Bay Area Chemical Consortium (BACC) to benefit from bulk product pricing for the purchase of water and wastewater treatment chemicals. The BACC is a group of 62 public agencies within eight regions located throughout the Central Valley and Bay Area that coordinate chemical bids to obtain the best possible bulk bid prices through a competitive process. This will be the ninth year the Municipal Utilities Department (MUD) has participated in the BACC bid process. Over the last several years, significant cost savings have been realized by the City’s participation in the BACC. However, the chemical industry has experienced widespread price increases over the past year, predominantly due to COVID-19 related material and labor shortages, production disruptions, and increased transportation costs. The recommended suppliers and chemicals to be purchased include the following :

1. Hill Brothers Chemical Company of Brea, CA for the purchase of Aqueous Ammonia at $1.97 per gallon (Exhibit 1 to the Resolution).

2. Univar USA, Inc. of Kent, WA for the purchase of Sodium Bisulfite at $1.995 per gallon (Exhibit 2 to the Resolution).

3. Brenntag Pacific, Inc. of Santa Fe Springs, CA for the purchase of Sodium Hydroxide (25%) at $975 per dry ton (Exhibit 3 to the Resolution).

4. Univar USA, Inc. of Kent, WA for the purchase of Sodium Hydroxide (50%) at $816.74 per dry ton (Exhibit 4 to the Resolution).

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5. Univar USA, Inc. of Kent, WA for the purchase of Sodium Hypochlorite at $1.5469 per gallon (Exhibit 5 to the Resolution).

6. Northstar Chemical of Sherwood, OR for the purchase of Citric Acid at $21.60 per gallon (Exhibit 6 to the Resolution).

The Council action will approve findings of an exception to the competitive bidding process and will authorize the City Manager to execute six (6) contracts for the purchase of water and wastewater treatment chemicals to the most responsive, responsible, and competitive vendor for each chemical at the specified unit price. The term of each contract will be for one year, with options to extend the contracts on a year-to-year basis, not to exceed three yearly renewals.

DISCUSSION
Background
Various chemicals are necessary for water and wastewater treatment processes. The chemicals induce changes in the water or wastewater to reduce hazardous conditions and/or remove specific impurities. These chemical and physical changes are necessary to meet drinking water quality standards and wastewater discharge permit requirements.

To obtain a reduction in the cost of water and wastewater treatment chemicals, the City joined the Bay Area Chemical Consortium (BACC) in 2013. The BACC is a group of 62 public agencies from eight regions located throughout the Central Valley and Bay Area that coordinate competitive bidding for chemical contracts. The purpose of the BACC is to allow agencies to combine the chemical purchases to create a bulk quantity for bid pricing. The BACC awards a contract to the lowest overall bidder for each chemical in each region. The BACC members pay a lump sum of approximately $500 per bid to facilitate the bidding process. Participants are encouraged not to vary from the lowest overall bid, as it would undermine the prices quoted for bulk quantities.

The MUD participated in the preparation of the bid specifications and selected the specific chemicals required at the Regional Wastewater Control Facility (RWCF), Delta Water Treatment Plant (DWTP), and Wastewater Collections System. The combined solicitations of all the agencies are a cooperative purchase agreement that offers vendors an opportunity to sell larger quantities of their products, resulting in lower prices for the agencies.

Present Situation
For 2022, the Bay Area Clean Water Agencies (BACWA), on behalf of the BACC, has coordinated all bid specification preparations and advertisements. The invitation to bid for each chemical was advertised by the BACWA in the Alameda Times Star newspaper on January 27, 2022. In addition, notice of the bid release was sent on February 7, 2022, to all vendors registered with the City’s Bid Flash, along with a link to the BACWA bid site. BACWA, as the coordinating agency, received bids electronically through PlanetBids.com by February 24, 2022. Results were then released to the BACC members.

The lowest bids of interest to the City are shown in the following table:

Chemical Unit FY 21-22
Rate $/Unit
FY 22-23 Lowest
Bidder
FY 22-23
Rate $/Unit
Unit Price
Change
Aqueous
Ammonia
Gal $1.11 Hill Brothers Chemical
Company
$1.97 77%
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Chemical Unit FY 21-22
Rate $/Unit
FY 22-23 Lowest
Bidder
FY 22-23
Rate $/Unit
Unit Price
Change
Aqueous
Ammonia
Gal $1.11 Hill Brothers Chemical
Company
$1.97 77%
Sodium Bisulfite Gal $1.75 Univar Solutions USA
Inc.
$1.995 14%
Sodium
Hydroxide (25%)
Dry
Ton
$517.04 Brenntag Pacific, Inc. $975.00 89%
Sodium
Hydroxide (50%)
Dry
Ton
$461.85 Univar Solutions USA
Inc.
$816.74 77%
Sodium
Hypochlorite
Gal $0.71 Univar Solutions USA
Inc.
$1.5469 117%
Citric Acid Gal $8.19 Northstar Chemical $21.60 164%
The chemical industry has experienced widespread price increases over the past year, predominantly due to material and labor shortages, production disruption, and increased transportation costs. The increased cost to produce and deliver the necessary treatment chemicals are reflected in the price increases shown in the table above.

The lowest responsible, responsive bidder was determined by the overall lowest cost provided to all the BACC member agencies in each region. Contracts are awarded to the lowest overall bidder to all the agencies within the designated regions to take advantage of the lower bulk quantity bids.

Choosing a bid other than the lowest overall bid undermines the intent of the consortium and negates the value of participation in the consortium.

Findings
Stockton Municipal Code Section 3.68.070(A)(5) provides an exception to the competitive bidding requirements when the City Council approves findings that support and justify the purchase through a cooperative purchasing agreement.

Proposed findings to support this purchase are:

1. The Bay Area Chemical Consortium (BACC) is a group of 62 public agencies that coordinates their chemical bids to obtain the best possible bulk bid price.

2. The BACC conducts a competitive bid process to obtain the best possible bulk bid price.

3. The City of Stockton joined the BACC to participate in the public bidding of chemicals necessary for water and wastewater treatment processes.

4. The bid specification used by the BACC has been reviewed and determined to be compatible with City of Stockton standards.

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5. Participation in the BACC cooperative purchase agreement best serves the City by saving money on larger scale chemical purchases.

6. All six (6) of the proposed contracts are cooperative purchasing agreements for the purchase of supplies or services through other governmental jurisdictions or public agencies.

FINANCIAL SUMMARY
Funds will be available following Council approval of the FY 2022-23 budget for the procurement of each chemical for FY 2022-23, from the Wastewater Utility funds, Water Utility Funds, and as allocated annually in the table below:

Chemical Est. Annual
Quantity
Cost/
Unit
Wastewater
Estimated
Annual
Cost*
Water
Estimated
Annual
Cost
Total 4-year
Not to
Exceed
Amount
Aqueous
Ammonia
45,000 Gal WW
50,000 Gal W
50,000 Gal Wells
$1.97 $96,629 $197,000 $1,228,500
Sodium
Bisulfite**
220,000 Gal WW
7,500 Gal W
$1.995 $478,401 $20,303 $2,086,400
Sodium
Hydroxide (25%)
325 Dry Ton WW
100 Dry Ton W
$975.00 $345,394 $97,500 $1,853,000
Sodium
Hydroxide (50%)
155 Dry Ton WW $816.74 $137,988 $0 $577,300
Sodium
Hypochlorite**
625,000 Gal WW
50,000 Gal W
250,000 Gal Wells
$1.5469 $1,053,826 $592,230 $6,886,500
Citric Acid 10,000 Gal W $21.60 $0 $216,000 $903,700
TOTAL $2,112,238 $1,123,033 $13,535,400
* Wastewater Estimated Annual Cost includes 9% for taxes. ** Water Estimated Annual Cost includes Less Than Load (LTL) delivery fees of $445 per delivery for volumes less than 2,000 gallons.

The quantities listed above are estimates only. The actual quantities purchased may vary depending on treatment needs and will be purchased at the contracted rates. The not-to-exceed amount represents the total expense, for both water and wastewater throughout the potential 4-year contract term. The contracts allow for price changes if the contracts are extended. The not-to-exceed total includes a 3% annual escalation per year to account for potential cost of living increases.

Purchase of these chemicals will follow City Council approval of the FY 2022-23 Annual Budget.

Funds for future chemical purchases will be budgeted in the same accounts, in subsequent fiscal years, and subject to approval by the City Council through the annual budget development process.

There is no impact to the General Fund, or any other unrestricted funds, from this action.

City of Stockton Page 4 of 4 Printed on 5/18/2022
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830
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING FINDINGS TO SUPPORT AND JUSTIFY AN EXCEPTION

TO THE COMPETITIVE BIDDING PROCESS AND AUTHORIZING CONTRACT

AGREEMENTS FOR THE PURCHASE OF WATER AND WASTEWATER

TREATMENT CHEMICALS THROUGH THE BAY AREA CHEMICAL CONSORTIUM Various chemicals are necessary for water and wastewater treatment process. The chemicals induce changes in the water or wastewater to reduce hazardous conditions and/or remove specific impurities. These chemical and physical changes are necessary to meet drinking water quality standards and wastewater discharge permit requirements, and
The City joined the Bay Area Chemical Consortium (BACC) in 2013 to benefit from bulk product pricing for the purchase of Water and Wastewater treatment chemicals, and The BACC is a group of 62 public agencies within eight regions located throughout the Central Valley and Bay Area that coordinate chemical bids to obtain the best possible bulk bid prices through a competitive process, and
The MUD participated in the preparation of the bid specifications and selected the specific chemicals required at the Regional Wastewater Control Facility (RWCF), the Delta Water Treatment Plant (DWTP), and in the Wastewater Collections System. The combined solicitations of all the agencies are a cooperative purchase agreement that offers vendors an opportunity to sell larger quantities of their products, resulting in lower prices for the agencies; now, therefore,

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

1. The City Council approves findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process for the purchase of water and wastewater treatment chemicals:
a. The Bay Area Chemical Consortium (BACC) is a group of 62 public agencies that coordinates their chemical bids to obtain the best possible bulk bid price.
b. The BACC conducts a competitive bid process to obtain the best possible bulk bid price.
c. The City of Stockton joined the BACC to participate in the public bidding of chemicals necessary for Water and Wastewater treatment processes. d. The bid specification used by the BACC has been reviewed and determined to be compatible with City of Stockton standards.
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e. Participation in the BACC cooperative purchase agreement best serves the City by saving money on larger scale chemical purchases. f. All six (6) of the proposed contracts are cooperative purchasing agreements for the purchase of supplies or services through other governmental jurisdictions or public agencies.

2. The City Council authorizes the City Manager to execute the following contracts (Exhibits 1 through 6 to the Resolution) for the purchase of chemicals for water and wastewater treatment.
a. Hill Brothers Chemical Company of Brea, CA for the purchase of Aqueous Ammonia at $1.97 per gallon (Exhibit 1).
b. Univar USA, Inc. of Kent, WA for the purchase of Sodium Bisulfite at $1.995 per gallon (Exhibit 2).
c. Brenntag Pacific, Inc. of Santa Fe Springs, CA for the purchase of Sodium Hydroxide (25%) at $975 per dry ton (Exhibit 3).
d. Univar USA, Inc. of Kent, WA for the purchase of Sodium Hydroxide (50%) at $816.74 per dry ton (Exhibit 4).
e. Univar USA, Inc. of Kent, WA for the purchase of Sodium Hypochlorite at $1.5469 per gallon (Exhibit 5).
f. Northstar Chemical of Sherwood, OR for the purchase of Citric Acid at $21.60 per gallon (Exhibit 6).

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

PASSED, APPROVED, and ADOPTED May 24, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
832
EXHIBIT 1 833

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives
The objective of this project is for the supply and delivery of Aqueous Ammonia as outlined in the bid specifications incorporated herein by reference.

2. Project Scope
The Contractor shall provide the goods and insurance as specified. The contractor shall supply Material Safety Data Sheets.

3. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: Hill Brothers Chemical Co. City: City of Stockton Attn: Frank Alari Attn: City Manager
3000 E. Birch Street, #108 425 N. El Dorado Street
Brea, CA 92821 Stockton, CA 95202

4. Option to Renew.

The term of the Agreement may be extended on a yearly-to-year basis by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed four (4) years. The price for any succeeding period of service shall be agreed upon by both parties.

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Exhibit B:

Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage 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, their agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.

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 $3,000,000 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 Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $2,000,000 per accident for bodily injury and property damage.

4. Contractors Pollution Liability and/or Asbestos Pollution Liability applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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.

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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 noncontributory” and will not seek contribution from the City’s insurance or self-insurance 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.

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

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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
Self-insured retentions must be declared to and approved by the City of Stockton Risk Services. At the option of the City of Stockton, the Contractor shall provide coverage to reduce or eliminate such self-insured retentions as respects the City of Stockton, its officers, officials, employees, and volunteers; or the Contractor shall provide evidence satisfactory to the City of Stockton guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 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.

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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.

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.

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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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EXHIBIT C

GENERAL TERMS AND CONDITIONS

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

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to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

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control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.

11. Termination.

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13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

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19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.

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27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.

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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

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EXHIBIT D

GOODS AND SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

2. General. The following terms and conditions are applicable for the purchase of goods and services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

7. Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

8. Right of Inspection
All Product furnished by Supplier must be as specified in the Order and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Supplier, the portion of any Product which may be defective or fail to comply with specifications in the Order without invalidating the remainder of the Order. If rejected, Product will be held for disposition at the expense and risk of Supplier. Payment for Product on this Order prior to inspection shall not constitute acceptance of the Product.

9. Warranty
Supplier warrants that (i) any Product created or performed by Supplier for City under this Order will conform to specifications, drawings or samples furnished by City to Supplier for a minimum period of one year, and (ii) any standard Product sold by Supplier to other customers besides City will meet or exceed any the standards for such types of product in industry, any express or implied warranty stated or advertised by Supplier or Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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the actual manufacturer of such Product, or any warranties implied by law. Supplier’s warranty shall survive delivery of Product and shall not be deemed waived by City’s failure to discover defects, acceptance of the Product, or payment, therefore.

10. Ownership
Supplier shall have title to and bear the risk of any loss or damage to the Product until the Product is delivered and accepted by City in conformity with this Order. Upon delivery and acceptance, Product delivered by Supplier shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Product. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Supplier, or specifically paid for by City for use in performance of an Order, shall be and remain the property of City and said property shall be used only for Product benefiting City. Supplier shall return to City or shall dispose of this property only according to City’s instruction.

11. Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Supplier label applicable Product accordingly and provide associated Material Safety Data Sheets (“MSDS”) to City.

12. Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.

CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.

13. Shipping Terms
City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Order. Supplier shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Product in the safest and most economical manner necessary to meet the delivery date specified in the Order. Supplier shall provide an itemized packing list showing the Order number with the shipment. Supplier shall include the Order number on all packages, boxes, invoices, and shipping documents.

Supplier shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately. City reserves the right to refuse, at Supplier’s expense, any shipments not containing the Order number or stock numbers as required under this section.

14. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Product is not provided or performed within the times specified in an Order, City may cancel this Order and hold Supplier liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute product elsewhere.

15. Price and Quantities
Prices and quantities set forth in this Order may not be altered by Supplier without the prior written authorization of City, with the exception that quantities of custom paper or printed products, chemicals, or fuel may deviate from those on the Order by the lesser of (i) standard industry practices, or (ii) 3%.

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EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $293,629 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached. Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

1.3 Annual cost adjustments may be made, as necessary, to increase or decrease the unit cost. The annual increase shall not exceed three percent (3%) for each succeeding year. Any increase requested must be submitted at least sixty (60) days before requested implementation date. In the event that the supplier finds it necessary to increase the base price in any given year, the supplier shall provide evidence satisfactory to the City documenting the reason(s) for and actual cost of the cost increase.

Annual cost decreases are allowed with written notice to the City.

2. Item Price. Below is the price for the products as described in Exhibit A of this Agreement.

Item Description Item Price
1 Aqueous Ammonia $1.97/gallon

3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
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EXHIBIT F

TIMELINE

1. Consultant shall complete the requested services identified in Exhibit A as follows:

INTENTIONALLY LEFT BLANK
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EXHIBIT G – DISCRIMINATION AND HARASSMENT POLICY (HR-15) Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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EXHIBIT H - BID DOCUMENTS
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EXHIBIT 1 889

BAY AREA CHEMICAL CONSORTIUM
STANDARD AGREEMENT, PAGE 1 OF 2
BID NO. 03-2022

SUPPLY AND DELIVERY OF AQUEOUS AMMONIA
I hereby agree to furnish AQUEOUS AMMONIA identified in the attached bid forms, as solicited by the Bay Area Chemical Consortium (BACC), to one or more of the participating BACC Agencies.

Company: __________________________________________
Address: __________________________________________
City, State, ZIP: _________________________________________ Phone: __________________________________________
Email: __________________________________________
Authorized Representative: ________________________________ Signature: __________________________________________
Date: __________________________________________
WE ACKNOWLEDGE RECEIVING ADDENDUM/ADDENDA NUMBER ______ THROUGH ______.

SPECIFIC DEVIATIONS:

This box must be checked if bidder has any proposed specific deviations. Per Section 2.12 Proposed Deviations from the Specifications by the Bidder, the absence of a proposed changed in the specifications will hold the bidder strictly accountable to the specifications as described in the bid document, including any addendum.

Describe the specific deviations below. A copy of the proposed specifications must be attached to this Standard Agreement at the time of submission, with bidder’s name clearly shown on each document.

KAAM GROUP
300 Carlsbad Village Dr., #108A-468
760-814-2050 x 0
[email protected]
Carlsbad, CA 92008
Denise Nguyen
02/22/22
N/A
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EXHIBIT 1 890
STANDARD AGREEMENT, PAGE 2 OF 2

BIDDER INFORMATION

1. Legal Name of Bidder:
______________________________________________________________________________

2. Bidder’s Street Address:
______________________________________________________________________________

3. Mailing Address:
______________________________________________________________________________

4. Business Telephone: _______________ Fax Number: ________________

5. Type of Supplier:
□ Sole Proprietor □ Partnership □ Corporation □ LLC
If Corporation, indicate State where incorporated: ____________________

6. Business License Number issued by the City where the Supplier’s principal place of business is located.

Number: ____________________ Issuing City: _____________________

7. Supplier Federal Tax Identification Number: ____________________________

8. Emergency Contact: Name: ____________________________________ Phone Number: ______________________________

9. Order Contact: Name: _______________________________________ Address: _______________________________________
Phone Number: ___________ Fax Number: ____________
Email: __________________________________________

10. References:

Company/Agency Name Contact Name Phone Number
1)_________________________ ___________________ _____________ 2) _________________________ ___________________ _____________ 3) _________________________ ___________________ ______________

11. Chemical Manufacturer’s name and address (if different from Bidder):
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ KAAM Group
300 Carlsbad Village Dr., #108A-468, Carlsbad, CA 92008 300 Carlsbad Village Dr., #108A-468, Carlsbad, CA 92008 760-814-2050 x 0
CA
BLNR010969-12-2021 Carlsbad, CA
87-2144408
Denise Nguyen
300 Carlsbad Village Dr., #108A-468, Carlsbad, CA 92008 760-814-2050 x 0
[email protected]
City of San Clemente Julie Schmidt 949-361-6198
City of Oceanside William Reedy 760-435-5851
SF Water Treatment Division David Agam 415-816-9048
Airgas Specialty Products, Inc.

Keith Clardy
760-814-2050 x 700
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EXHIBIT 1
895
March 15, 2022
Hill Brothers Chemical Company
Attn: Frank Alari
3000 E. Birch St. #108
Brea, CA 92821
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 03-2022 for Supply and Delivery of AQUEOUS AMMONIA in Central Valley, East Bay and Tri Valley regions.

Dear Mr. Alari,
We are pleased to advise you that the bid submitted by Hill Brothers Chemical Company for Bid No. 03-2022 was determined to be the lowest responsive bid for the supply and delivery of AQUEOUS AMMONIA during the period July 1, 2022 through June 30, 2023 for regions: Central Valley, East Bay and Tri Valley.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Hill Brothers Chemical Company for their respective facilities.

Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.

If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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EXHIBIT 1 896
Bay Area Clean Water Agencies
Bid Results for Project 03-2022 AQUEOUS AMMONIA
Issued on 01/27/2022
Bid Due on February 24, 2022 4:00 PM (PDT)
Exported on 02/24/2022

REGIONAL BID AWARD
Section AQUEOUS AMMONIA 30% Solution
Description Central Valley East Bay Sacramento South Bay Tri Valley Marin Sonoma Napa Unit of Measure gal gal gal gal gal gal
Univar Solutions USA Inc. no bid no bid no bid no bid no bid no bid Hill Brothers Chemical Co. 1.9700 1.8000 1.9700 1.3900 4.5700 4.2700 KAAM CO 4.2600 4.2600 1.4600 1.3240 5.0300 4.1100
Lowest responsive bid for each region
AQUEOUS AMMONIA 19% Solution
Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost. BACC has the right to delete terms or options from the bid contract documents and reserves the right to reject any and all bids and to waive irregularities in said bids
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EXHIBIT 1 897
EXHIBIT 2 898

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives
The objective of this project is for the supply and delivery of Sodium Bisulfite as outlined in the bid specifications incorporated herein by reference.

2. Project Scope
The Contractor shall provide the goods and insurance as specified. The contractor shall supply Material Safety Data Sheets.

3. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: Univar Solutions USA, Inc. City: City of Stockton Attn: Jennifer Perras Attn: City Manager
8201 S. 212th Street 425 N. El Dorado Street
Kent, WA 98032 Stockton, CA 95202

4. Option to Renew.

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EXHIBIT 2 899
Exhibit B:

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 $3,000,000 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.

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EXHIBIT 2 900
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.

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.

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

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EXHIBIT 2 901

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.

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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City Council and Concurrent AuthoritiesMay 24, 2022

City Council and Concurrent Authorities
May 24, 2022