Agenda packet — City Council and Concurrent Authorities, February 7, 2023 (part 2 of 7)

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 employer-employee 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 2 ATTACHMENT D 398
(Rev. 10.30.18; Mod 07.12.22 SG)
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.

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.

10.2 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. 3 ATTACHMENT D 399
(Rev. 10.30.18; Mod 07.12.22 SG)

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 shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or 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.

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. 4 ATTACHMENT D 400
(Rev. 10.30.18; Mod 07.12.22 SG)

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.

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.
5 ATTACHMENT D 401
(Rev. 10.30.18; Mod 07.12.22 SG)

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 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.
6 ATTACHMENT D 402
(Rev. 10.30.18; Mod 07.12.22 SG)

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.
7 ATTACHMENT D 403
1 (Rev. 07.12.22)

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 D 404
2 (Rev. 07.12.22)
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 D 405
3 (Rev. 07.12.22)
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 D 406
4 (Rev. 07.12.22)

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.

11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

ATTACHMENT D 407
1 (Rev. 10.30.18)

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 $___600,621____ (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 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost.

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.

ATTACHMENT D 408
2 (Rev. 10.30.18)

2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Task Description Task Price
1 Housing Assistance $120,000
2 Emergency Needs $60,000
3 Work Readiness $60,000
4 Incentives $24,000
5 Case Manager $184,953
6 Coordinator $102,420
7 Executive Director $49,248
TOTAL PRICE $600,621

5. 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 – City Manager’s Office
Attention: Office of Violence Prevention
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT D 409
Exhibit G

SUBAWARD AGREEMENT
Special Funding Terms and Conditions
The City of Stockton has entered into this agreement using funds governed by the Board of State and Community Corrections (BSCC)-California Violence Intervention & Prevention Grant, distributed by the State of California DGS. The funding available is governed under the general terms and conditions of the State of California. In consideration of the mutual promises contained in this AGREEMENT to carry out the purposes of the subaward on behalf of the City, the CITY and CONTRACTOR agree as follows:

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

ATTACHMENT D 410

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body 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. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the ATTACHMENT D 411
assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code§10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code§ 14841.)
If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code§ 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
ATTACHMENT D 412
ATTACHMENT E 413

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 In September 2022, the California Board of State and Community Corrections (BSCC) awarded the City of Stockton a multi-year $2,019,656 California Violence Intervention and Prevention (CalVIP) grant. The grant funding supports strengthening and significantly expanding the capacity of the Office of Violence Prevention's (OVP) research-based intervention and service component. OVP proposes to expand Ceasefire strategies to youth ages 12-17 while also creating a youth prevention/intervention program focused on deterring people from violence.

1.2 Contractor shall work with the City to enhance current efforts to accomplish the goal of reducing homicides, non-fatal injury shootings, and aggravated assaults city-wide by 1) Engaging more high-risk individuals overall, 2) Expanding the current model to include prevention strategies, 3) Improving the outcomes of clients and family members, and 4) Improving coordination efforts between violence prevention agencies.

1.3 Leadership Training and Strategic Planning for Office of Violence Prevention (OVP), with emphasis in succession planning. The main objective is to implement leadership within the agency, build a strategic plan housing projecting toward future leadership growth, while delivering leadership training to OVP staff and partners.

1.4 Curriculum Development for OVP staff to implement leadership training for OVP clients, with printing rights to materials for purposes of reproduction for OVP. Main objective to create curriculum that OVP staff can use to teach leadership principals to clients, creating new leaders within their client base.

1.5 Life Coach Training Certification for OVP staff and OVP partners as deemed appropriate by OVP. Main objective to certify OVP staff (partners) as Life Coaches, so they can Life Coach OVP clients

1.6 Life Coaching for Administrative Team. Main objective to provide Life Coach Services to administrative staff to enhance the overall leadership skills of the team in correlation to the overall strategic plan.

1.7 Certified Real Colors Facilitator to provide Real Colors training to OVP staff and OVP approved partners.

ATTACHMENT E 414

1.8 Leadership Video highlighting OVP team.

2. Project Scope

2.1 Contractor shall actively support quality implementation and steady expansion of OVP's violence intervention services and supports as described in the BSCC and City agreement (Agreement # BSCC 858-22) incorporated herein.

2.2 Contractor shall provide an in-depth Leadership training to OVP staff and OVP partners (all participants subject to OVP approval).

2.3 Contractor shall provide Strategic Planning for OVP management team along with succession planning recommendations.

2.4 Contractor shall provide Life Coach Certification to OVP staff and create materials (curriculum development) that allow trained staff to use with clients.

2.5 Contractor shall provide Life Coaching to administration staff, assisting in the implementation of their specific goals.

2.6 Contractor shall provide Real Colors training for OVP staff and partners.

2.7 Contractor shall create and provide digital copy of Leadership video of OVP staff.

2.8 Contractor shall provide timely, comprehensive, and detailed programmatic and financial reporting and documentation as required by the BSCC and City Agreement (Agreement# BSCC 858-22).

2.9 Contractor shall work in partnership with evaluator San Joaquin Community Data Co-Op for all grant-related data collection and reporting.

2.9.1 Contractor shall track program activity and report all necessary data required by OVP to maintain its program performance.
3 Specifications

3.2 All off site training would be at the cost of the staff agency. The staff agency is the City of Stockton.
4 Major Deliverables
In addition to the Project Scope in Section 2, the Contractor shall perform the following deliverables:

ATTACHMENT E 415
Leadership Training

4.2 Leadership Training for identified new staff and/or stakeholders deemed appropriate by OVP. This Leadership Training sets the foundation for leadership topics

4.3 Sequoiadendron Giganteum & The Sequoia Presence
(This session will be to connect the team, understanding nature and leadership, enhance our leadership focus)

4.4 Understanding he Forest (This topic will move the team into understanding all the stake holders within the organization. Understanding their connection pieces in relation to our own leadership will be a focus point)

4.5 Diversity in the Forest (This topic will focus on diversity, focusing on positive outcomes, active listening and understanding others)

4.6 Givers, Takers, and Producers (This topic will focus on the importance of understanding the overall organization’s vision, mission, and recipients. What does it mean to give, take, and produce)?

4.7 Time Capsules of Knowledge (This topic will focus on the importance of understanding the generations that are in the office, understanding who we work with, their leadership style, and how they perceive tasks and accomplish those tasks)

4.8 Resilience in the Fire (This topic will teach about the resilience, fire, and other destructive factors. It will show how fire creates leaders)

4.9 Leading from the Inside Out (This topic will teach how true leadership comes from the inside)

4.10 Sequoia Strong & The Flexibility Principle (This topic will focus on time, environment, strength, weakness, mindset, flexibility and how these elements help define our leadership. Fixed mindset vs growth mindset)

4.11 Leadership in Writing. Charge to Clarity & Assurance in Accuracy & obligation Openness (This topic will focus understanding how to write to be good leaders)

4.12 Reflection, Application, and the Challenge of Leadership (This session will reflect time of the leadership journey. Major successes celebrated; growth areas shared sources, relationships, then consensus can be reached on major statements and categories.

Strategic Planning
ATTACHMENT E 416

4.13 Meet with Director to understand vision, mission, and goals of organization. Interview each manager within the organization to gain organizational insight, interview staff members. NOTE: Interviews are typically done in person or via zoom/facetime/conference call or interviewee’s preference, lasting about one hour. Interviews are ongoing, consultant will also be developing competitive landscape putting together information for managerial review.

4.14 Benchmarks for the organization are defined so agency can compare/ contrast.

4.15 Consultant to draft summary of interviews and landscape within which the organization operates, providing an update of certain findings, practices within the organization.

4.16 Consultant will provide an Initial Finding Report for the Director and designated managerial team.

Strategic Planning Summit

4.17 Strategic Planning Summit – Facilitate an off-site strategic planning summit for managerial team and/or agency, if optimized by the Director for their staff as part of the strategic planning process. Facilitator to provide in person team building/agency planning sessions. All expenses associated with accommodation, food, and travel are covered by OVP.

Mission/Vision Statements Development

4.18 Facilitate and Coordinate Mission/Vision Development with Managers/Staff. Build theme around Mission/Vision Statement for implementation. Review agency resource materials for Mission/Vision/Outreach Statements.

Leadership and Communication Successes and Challenges

4.19 Examine leadership practices within the organization. Make recommendations as to leadership programs and needs of organizations.

Risk Management

4.18 Coordinate with managerial team reviewing risk management focus areas that may need mitigation for short-and-long term goal planning.

Outline those risks and measures, developing goals with achievable ATTACHMENT E 417
outcomes. Assist in developing strong metrics and goal tracking systems.

Foundational Plan Alignment

4.19 Using the Initial Findings Report, the vision/mission development process. The Consultant will collaborate with the managerial team/staff to align the foundational plan, housing the newly developed vision and mission statement into the operations, assisting the leadership team/staff through the alignment process. Once the Consultant assures the foundational plan is, aligned the Consultant will draft a Foundational Plan Report for the managerial team.

Draft Strategic Plan

4.20 Upon completion of the Foundational Plan (which houses preliminary reports and findings), the Consultant will create the Draft Strategic Plan, and later host a presentation with the managerial team and any other desired individuals who the Director feels should be present.

The Consultant will gather comments received ruing the draft strategic plan presentation and implement the desired feedback.

Final Strategic Plan

4.21 Feedback received from the draft strategic planning state will be included in the Final Strategic Plan report. The Consultant will create the Draft Strategic Plan, and later host a presentation with the managerial team and any other desired individuals who the Director feels should be present. The Final Strategic Plan is delivered in three formats (full detailed report, summary document, and presentation format). Final Strategic Plan will contain time frame, goals, mission, vision, and overall communication plan for the organization and its interaction with the community.

Foundational Plan Alignment

4.22 Using the Initial Findings Report, the vision/mission development process. The Consultant will work with the managerial team/staff to ATTACHMENT E 418
align the foundational plan, housing the newly developed vision and mission statement into the operations, assisting the leadership team/staff through the alignment process. Once the Consultant assures the foundational plan is aligned, the Consultant will draft a Foundational Plan Report for the managerial team.

ATTACHMENT E 419
Summary of Strategic Planning Deliverables

4.23 Initial Findings Report – Made up of information gathered from the interviews, surveys, and competitive landscape of the community and other pertinent information; Foundational Plan – Made up of the mission, vision, and current operations of the organization; Draft Strategic Plan – Integrating the feedback and information developed from the Initial Findings Report and Foundational Plan, the Draft Strategic Plan builds the future of the organization; Final Strategic Plan – Delivered in 3 formats (full detail report, summary document, and presentation format). Final Strategic Plan identifies the future of the organization and lines up a clear path of success; Facilitate Strategic Planning Summit (if opted by Director); Video – To be provided of overview of organization’s operations, vision, mission, and community Impact, highlighting the team and the overall program.

MLI Life Coach Certification

4.24 MLI Life Coach Certification initial course is one-week (forty hours). This beginning Life Coach Certification program allows for practical application of Life Coach skills and non-traditional classroom skill building. Every participant will attend the morning Life Coach workshops and then apply the concepts learned in the field on the same day.

4.25 Day One: Life Coaching Certification Overview; What is Life Coaching (The Do’s and Do nots); Professional Relationship building in Life Coaching (keeping it Real); Motivation, Commitment, and Boundaries; Life Coach Ethics and Oath; Understanding the Why of others; Life Coaching Contracts; Client Information Building; Life Coach Philosophy; Building Clear Expectations (Role of Client); SMART Goal Setting; Finding Your North (Road Mapping); Time Frame 8 hours

4.26 Day Two: Introduction to Life Coaching; Meeting your client; Application of Client Building Information; Application of Life Coach (1st meeting); Application of Coaching Conduct and Ethics; Your Life Coach Philosophy (Writing your Philosophy); Application of SMART Goal Setting with Client; Life Coaching in the Community (Field ATTACHMENT E 420
Application); Time Frame 8 Hours

4.27 Day Three: Life Coaching Feedback and Review of Community Life Coach Field Day; Life Coaching Documentation Application and File Review; Application of Finding your North (Road Mapping); Life Coach Monthly Review; Life Coaching in the Community (Field Application); Time Frame 8 hours

4.28 Day Four: Life Coaching – Motivation of others and self-care; Life Coaching Introduction, Application of Client Information Building, Application of Client Contract; Application of Coaching Conduct and Ethics, Application of explaining your Life Coach Philosophy; Application of SMART Goal Setting; Application of Life Coaching Documentation; Application of Monthly Review; Application of Finding your North; Road Mapping; Client Motivation; Time Frame 8 hours

4.29 Day Five: Life Coaching In Progress; Action Step and Role Play; Life Coaching Introduction; Application of Client Information Building; Application of Client Contract; Application of Coaching Conduct and Ethics; Application of Life Coach Philosophy; Application of SMART Goal Setting; Application of Life; Coaching Documentation; Application of Monthly Review; Application of Finding your North; Road Mapping; Client Motivation; Self Care; Life Coach Certification Exam; Presentation of Life Coach Example Folder; Certified Life Coach Celebration

4.30 MLI Life Coaching Certification includes Life Coach Guide and materials that can be reproduced and used for their Life Coaching Journey. Candidates must complete 40-hour
requirement for certification as Life Coach.

4.31 Contractor shall provide timely, comprehensive, and detailed programmatic and financial reporting and documentation as required by the BSCC and City Agreement (Agreement# BSCC 858-22).

4.32 Contractor shall work in partnership with evaluator San Joaquin Community Data Co-Op for all grant-related data collection and reporting.

4.33 Contractor shall track program activity and report all necessary data required by OVP to maintain its program performance.

ATTACHMENT E 421
5 Tasks That Support the Deliverables

5.2 Contractor shall perform tasks in accordance with said project scope, objectives, and deliverables.
6 Internal and External Standards and Guidelines

6.2 Books and Records

Contractor shall maintain fiscal and project books, records, documents, and other evidence pertinent to the work on the project in accordance with the generally accepted accounting principles.

6.1.1 Contractor shall maintain adequate supporting
documentation in such detail so as to permit tracing
transactions from the invoices to the accounting records, to the supporting documentation.

6.1.2 Contactor shall maintain these records for a minimum of three (3) years after the termination of this Agreement and shall be available for examination and or audit by the City, BSCC or designees, state government auditors or
designees, or by federal government auditors or
designees.

6.3 Access to Books and Records

6.2.1 Contractor shall make such books, record, supporting documentation, and other evidence available to the City, BSCC or designee, the State Controller's Office, the
Department of General Services, the Department of
Finance, California State Auditor, and their designated representative during the term of this Agreement and for a minimum of three (3) years after the expiration of this Agreement.

ATTACHMENT E 422

6.2.2 Contractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to this Agreement.
7 Criteria of Acceptance for Deliverables

7.2 Contractor shall email an electronic copy of each deliverable to [email protected]. Contractor shall make hard copies of each deliverable available to the City upon request.
8 Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: Mora Learning Institute City: City of Stockton 239 Pheasant Run Drive Attn: City Manager
Copperopolis, CA 95228 425 N. El Dorado
Street Stockton, CA
95202
9 Key Personnel
Jack Roberson
Mora Learning Institute
209.559.7029
ATTACHMENT E 423
REV 2022-05-17
Exhibit B:

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

2. Automobile Liability: Insurance Services Office Form 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 appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton 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 City of Stockton.

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

ATTACHMENT E 424
REV 2022-05-17
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
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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 ATTACHMENT E 425
REV 2022-05-17
provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state 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
If any of the required policies provide claims-made coverage:

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 w ith a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

ATTACHMENT E 426
REV 2022-05-17
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 and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton 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. 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.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT E 427
(Rev. 10.30.18; Mod 07.12.22 SG)

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 1 ATTACHMENT E 428
(Rev. 10.30.18; Mod 07.12.22 SG)
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.

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.

9.2 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 2 ATTACHMENT E 429
(Rev. 10.30.18; Mod 07.12.22 SG)
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.

10.3 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.

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.

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

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.

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.

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this 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 ATTACHMENT E 435
2 (Rev. 07.12.22)
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:

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 E 436
3 (Rev. 07.12.22)
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

ATTACHMENT E 437
4 (Rev. 07.12.22)

ATTACHMENT E 438
1 (Rev. 10.30.18)

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 $___110,000____ (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 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

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.

ATTACHMENT E 439
2 (Rev. 10.30.18)

2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Task Description Task Price
1 Leadership Training & Strategic Planning
2 Curriculum Development
3 Life Coaching Training Certification
4 Life Coaching for Administration Team
5 Certified Real Colors Facilitator
6 Leadership Video Highlighting OVP Team
TOTAL PRICE NOT TO EXCEED $110,000

City of Stockton – City Manager’s Office
Attention: Office of Violence Prevention
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT E 440
Exhibit G

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

ATTACHMENT E 441

12. TIMELINESS: Time is of the essence in this Agreement.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the ATTACHMENT E 442
assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.3 Provide comprehensive intake assessments of clients referred by Peacekeepers or other OVP staff.

1.4 Connect clients to appropriate community resources, CBOs or agencies.

1.5 Provide mental health counseling to address trauma, stressors and challenges impairing the client’s ability to make positive, healthy and sound life decisions.

1.6 Provide OVP staff with reflective supervision to assist staff with managing vicarious trauma and the associated symptoms that are experienced with constant exposure to traumatic events and/or hearing about such events.

1.7 Provide crisis response mental health services to community members when requested.

ATTACHMENT F 445
2 (Rev. 10.30.18)

2. Project Scope

2.1 Contractor will provide a comprehensive intake assessment based on information gathered from the online Intake Assessment Form.

2.2 Contractor requires a private space to conduct assessments.

2.3 Contractor will collaborate with Peacekeepers to assist with effective case management.

2.4 Contractor will provide data analysis reports based on information collected from the Intake Assessment Form.

2.5 Contractor will provide an offsite location for ongoing counseling sessions - 20 N. Sutter St. Ste 203 Stockton, CA 95202

2.6 Contractor shall provide timely, comprehensive, and detailed programmatic and financial reporting and documentation as required by the BSCC and City Agreement (Agreement# BSCC 858-22).

2.7 Contractor shall work in partnership with evaluator San Joaquin Community Data Co-Op for all grant-related data collection and reporting.

2.8 Contractor shall track program activity and report all necessary data required by OVP to maintain its program performance.

3. Specifications
N/A

4. Major Deliverables

4.1 Contractor will provide up to five intake assessments each week.

4.2 Contractor will provide up to 10 - 1 hr. individual counseling sessions for clients each week.

4.3 Contractor will provide 1-2 reflective supervision sessions each month.

4.4 Contractor will assess the client's eligibility for MediCal to cover costs for counseling.

4.5 Contractor will provide training related to topics of mental health and mental wellbeing if requested.

5. Tasks That Support the Deliverables
Contractor will meet with the Director and OVP staff monthly to identify possible deficiencies and make necessary adjustments or corrections to ensure goals and objectives are met.

ATTACHMENT F 446
3 (Rev. 10.30.18)

6. Internal and External Standards and Guidelines

6.1 Books and Records

6.1.2 Contractor shall maintain fiscal and project books, records, documents, and other evidence pertinent to the work on the project in accordance with the generally accepted accounting principles.

6.1.3 Contractor shall maintain adequate supporting documentation in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation.

6.1.4 Contactor shall maintain these records for a minimum of three (3) years after the termination of this Agreement and shall be available for examination and or audit by the City, BSCC or designees, state government auditors or designees, or by federal government auditors or designees.

6.2 Access to Books and Records

6.2.1 Contractor shall make such books, record, supporting documentation, and other evidence available to the City, BSCC or designee, the State Controller's Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representative during the term of this Agreement and for a minimum of three (3) years after the expiration of this Agreement.

6.2.2 Contractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to this Agreement.

7. Criteria of Acceptance for Deliverables

7.1 Contractor will email an electronic copy of each deliverable to [email protected]. Contractor will make hard copies of each deliverable available to the City upon request.

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

Contractor: Be Smooth Inc. City: City of Stockton
Lecia Harrison Attn: City Manager
P.O. Box 78012 425 N. El Dorado Street
Stockton, CA 95267 Stockton, CA 95202
ATTACHMENT F 447
4 (Rev. 10.30.18)

9. Key Personnel
Lecia Harrison MSW, LCSW #86799
Be Smooth Inc.

Executive Director
209.629.0572
[email protected]
ATTACHMENT F 448
REV 2022-05-17
Exhibit B:

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

4. Professional Liability/Errors and Omissions insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

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

ATTACHMENT F 449
REV 2022-05-17
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.

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 ATTACHMENT F 450
REV 2022-05-17
provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Claims Made Policies
If any of the required policies provide claims-made coverage:

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.

ATTACHMENT F 451
REV 2022-05-17
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 and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton 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. 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
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT F 452
(Rev. 10.30.18; Mod 07.12.22 SG)

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.

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 1 ATTACHMENT F 453
(Rev. 10.30.18; Mod 07.12.22 SG)
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.

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.

9.2 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 2 ATTACHMENT F 454
(Rev. 10.30.18; Mod 07.12.22 SG)
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.

10.3 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.

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.

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

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.

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.

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this 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 ATTACHMENT F 460
2 (Rev. 07.12.22)
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:

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 F 461
3 (Rev. 07.12.22)
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

ATTACHMENT F 462
4 (Rev. 07.12.22)

ATTACHMENT F 463
1 (Rev. 10.30.18)

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 $___100,200____ (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 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

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.

ATTACHMENT F 464
2 (Rev. 10.30.18)

2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Task Description Task Price
1 Comprehensive Intake Assessments of Clients
2 Connect Clients to resources, CBO’s, agencies
3 Mental Health Counseling
4 Reflective Supervision with OVP Staff
5 Crisis Response Mental Health Services to
community members
TOTAL PRICE NOT TO EXCEED $100,200

City of Stockton – City Manager’s Office
Attention: Office of Violence Prevention
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT F 465
Exhibit G

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

ATTACHMENT F 466

12. TIMELINESS: Time is of the essence in this Agreement.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the ATTACHMENT F 467
assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.3 Prevent recidivism among system-involved young men in the Stockton area and/or prevent youth at risk from becoming system-involved

1.4 Reduce violent behavior and improve social relationships of participating young men

1.5 Help participating young men develop insight into the effects of the social environment on one’s own and others’ behaviors

1.6 Promote a sense of personal accountability among participating young men

1.7 Help participating young men to develop a sense of purpose and a belief in the possibility of positive change

1.8 Connect participating young men to housing, transportation, job training, employment, and other behavioral health services as needed

2. Project Scope

incorporated herein.

2.2 The project will take place at a facility or facilities, the location to be determined. The location should have a meeting room with chairs, a television, and a projector. A local office space should be provided for the Program staff.

The office space should include internet access and basic office equipment.

Instructional materials for each participant include a soft-cover book, instruction sheets, worksheets, and a journal.

For field trips (pending approval and feasibility), transportation should be provided for 12 program participants.

This program is designed to serve young men between the ages of 12 and 25, but individuals may be accepted to the program on a case by case basis who fall outside of that demographic.

2.3 Contractor shall provide timely, comprehensive, and detailed programmatic and financial reporting and documentation as required by the BSCC and City Agreement (Agreement# BSCC 858-22).

2.4 Contractor shall work in partnership with evaluator San Joaquin Community Data Co-Op for all grant-related data collection and reporting.

2.5 Contractor shall track program activity and report all necessary data required by OVP to maintain its program performance.

3. Specifications

3.1 N/A

4. Major Deliverables

4.1 Two 6-week Path to Restoration (P2R) programs for system-involved young men, with 12 participants in each program, per year

4.2 A graduation celebration for each program

4.3 Two field trips for participants in each program (pending approval and feasibility)

4.4 Weekly visits from a Mentor/Life Coach for each program participant to provide emotional support and connect them to housing and other services

4.5 Material incentives for program participants to take part in community programs
ATTACHMENT G 471
3 (Rev. 12.07.22)

5. Tasks That Support the Deliverables

5.1 Recruit program participants (Program Coordinator)

5.2 Prepare course materials (Program Coordinator)

5.3 Plan and execute the P2R program sessions and graduations (each program includes 1 3-hour session per week x 6 weeks) (Program Director and Program Coordinator)

5.4 Identify and schedule Guest Instructors (Program Director and Program Coordinator)

5.5 Identify and schedule field trips (Program Director and Program Coordinator)

5.6 Identify, hire, and train 2-4 Mentors/Life Coaches (Program Director)

5.7 Provide weekly mentor visits to program participants (Mentors/Life Coaches)

5.8 Distribute financial/material incentives to program participants (Program Coordinator and Mentors/Life Coaches)

6. Internal and External Standards and Guidelines

6.1 Books and Records

6.1.1 Contractor shall maintain fiscal and project books, records, documents, and other evidence pertinent to the work on the project in accordance with the generally accepted accounting principles.

6.1.2 Contractor shall maintain adequate supporting documentation in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation.

6.1.2.1 Contactor shall maintain these records for a minimum of three (3) years after the termination of this
Agreement and shall be available for examination and
or audit by the City, BSCC or designees, state
government auditors or designees, or by federal
government auditors or designees.

6.2 Access to Books and Records

6.2.1 Contractor shall make such books, record, supporting documentation, and other evidence available to the City, BSCC or designee, the State Controller's Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representative during the term of this Agreement and for a minimum of three (3) years after the expiration of this Agreement.

ATTACHMENT G 472
4 (Rev. 12.07.22)

6.2.2 Contractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to this Agreement.

7. Criteria of Acceptance for Deliverables

7.1 Two P2R programs are conducted with 12 participants in each; each program consists of six (6) 3-hours sessions.

7.2 Each program culminates in a graduation ceremony that includes guests and refreshments.

7.3 Mentors/Life Coaches meet with program participants and provide a total of 10 hours per week support for 52 weeks.

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

Contractor: Choices for Freedom, Inc. City: City of Stockton 4620 Ridgewood Court
Stockton, CA 95212 Attn: City Manager
425 N. El Dorado Street
Stockton, CA 95202

9. Key Personnel
Nate Williams, Executive Director, Choices for Freedom
4620 Ridgewood Court
Stockton, CA 95212
Tel/fax: 510-815-3488
[email protected]
ATTACHMENT G 473
REV 2022-05-17
Exhibit B:

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

4. Professional Liability/Errors and Omissions insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

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

ATTACHMENT G 474
REV 2022-05-17
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.

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 ATTACHMENT G 475
REV 2022-05-17
provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Claims Made Policies
If any of the required policies provide claims-made coverage:

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.

ATTACHMENT G 476
REV 2022-05-17
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 and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton 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. 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
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT G 477
(Rev. 10.30.18; Mod 07.12.22 SG)

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.

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 1 ATTACHMENT G 478
(Rev. 10.30.18; Mod 07.12.22 SG)
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.

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.

9.2 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 2 ATTACHMENT G 479
(Rev. 10.30.18; Mod 07.12.22 SG)
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.

10.3 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.

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.

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

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.

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.

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this 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 ATTACHMENT G 485
2 (Rev. 07.12.22)
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:

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 G 486
3 (Rev. 07.12.22)
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

ATTACHMENT G 487
4 (Rev. 07.12.22)

ATTACHMENT G 488
1 (Rev. 10.30.18)

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 $___203,742____ (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 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

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.

ATTACHMENT G 489
2 (Rev. 10.30.18)

2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Task Description Task Price
1 Program Director/Lead Instructor 20% FTE $72,000
2 Program Coordinator/Instructor and Mentor 10%
FTE
$31,680
3 Program Coordinator/Administration 10% FTE $31,680
4 Evaluation, Data Collection, Reporting Assistance $3,000 5 Program Costs (workbooks, field trips, graduation,
guest instructors, supplies, incentives, etc.)
$65,382
TOTAL PRICE $203,742

City of Stockton – City Manager’s Office
Attention: Office of Violence Prevention
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT G 490
Exhibit G

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

ATTACHMENT G 491

12. TIMELINESS: Time is of the essence in this Agreement.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the ATTACHMENT G 492
assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton and Contractor to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: Terminates on:
_____________________________________________________________________________

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
______________________________________________________________________________________________ Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address

CITY OF STOCKTON
_________________________________________________________ ________________ City Manager Date
ATTEST:
____________________________________________________________________________ , City Clerk
APPROVED AS TO FORM:
, City Attorney
BY:

Agreement Number:
(a) Exhibit A Statement of Work
(b) Exhibit B Insurance
(c) Exhibit C General Terms Conditions
(d) Exhibit D
Exhibit E Compensation Schedule
(f) Exhibit F Timeline
The Regents of the University of California, Davis Curriculum Development & Training 10/1/2022 12/31/2025
$140,000
Professional Services Special Terms & Conditions
CALVIP
The Regents of the University of California, Davis
Grace I. Liu, J.D., Associate Director, Sponsored Programs 1850 Research Park Drive, Suite 300 Davis, CA 95618-6153 ATTACHMENT H 494
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives
In September 2022, the California Board of State and Community Corrections (BSCC) awarded the City of Stockton a multi-year $2,019,656 California Violence Intervention and Prevention (CalVIP) grant. The grant funding supports strengthening and significantly expanding the capacity of the Office of Violence Prevention's (OVP) research-based intervention and service component. OVP proposes to expand Ceasefire strategies to youth ages 12-17 while also creating a youth prevention/intervention program focused on deterring people from violence.

Contractor shall work with the City to enhance current efforts to accomplish the goal of reducing homicides, non-fatal injury shootings, and aggravated assaults city-wide by 1) Engaging more high-risk individuals overall, 2) Expanding the current model to include prevention strategies, 3) Improving the outcomes of clients and family members, and 4) Improving coordination efforts between violence prevention agencies.

The customized training development and facilitation is designed to ensure that Stockton's Office of Violence Prevention (OVP) staff have the knowledge, skills, and abilities necessary to enhance peer support specialist professional development so they can increase trust with their clients and the communities they provide services in.

Our expertise in teaching working professionals can ensure that OVP staff and partner agencies gain practical knowledge and skills that will increase their capacity and improve job performance.

2. Project Scope
Contractor shall actively support quality implementation and steady expansion of OVP's violence intervention services and supports as described in the BSCC and City agreement (Agreement # BSCC 858-22) incorporated herein.

University will provide the following:
a. Course development – partner with the provider to identify specific courses needed. This will include planning meetings, curriculum ATTACHMENT H 495
2 (Rev. 10.30.18)
development and review time.
b. Course facilitation delivered virtual or in person depending on the topic and needs of OVP. Up to 6 courses per fiscal year for up to 35 participants.

c. Courses to included but not limited to:

Case
Management
Child & Family
Teaming
Suicide Awareness
Engagement
Skills
Anger Management Harm Reduction
Conflict mediation Goal Development Child Adolescence Needs and Strengths (CANS)
Safety Planning Crisis Management
Street Outreach Trauma 101
Contractor shall provide timely, comprehensive, and detailed programmatic and financial reporting and documentation as required by the BSCC and City Agreement (Agreement# BSCC 858-22).

Contractor shall work in partnership with evaluator San Joaquin Community Data Co-Op for all grant-related data collection and reporting.

Contractor shall track program activity and report all necessary data required by OVP to maintain its program performance.

3. Specifications
N/A

4. Major Deliverables
Course development and course facilitation.

5. Tasks That Support the Deliverables
Revise, update, and develop new curriculum in collaboration and with the approval of the Stockton's Office of Violence Prevention (OVP).

6. Internal and External Standards and Guidelines

6.1 Books and Records

6.1.1 Contractor shall maintain fiscal and project books, records, documents, and other evidence pertinent to the work on the project in accordance with the generally accepted accounting principles.

ATTACHMENT H 496
3 (Rev. 10.30.18)

6.1.2 Contractor shall maintain adequate supporting documentation in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation.

6.1.2.1 Contactor shall maintain these records for a minimum of three (3) years after the termination of this Agreement and shall be available for examination and or audit by the City, BSCC or designees, state government auditors or designees, or by federal government auditors or designees.

6.2 Access to Books and Records

6.2.1 Contractor shall make such books, record, supporting documentation, and other evidence available to the City, BSCC or designee, the State Controller's Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representative during the term of this Agreement and for a minimum of three (3) years after the expiration of this Agreement.

6.2.1.2 Contractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to this Agreement.

7. Criteria of Acceptance for Deliverables
Meetings over Zoom with UC Davis Workforce Development staff and OVP staff to determine training needs.

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

Contractor: The Regents of the
University of California, Davis
Office of Research, Sponsored Programs
1850 Research Park Drive, Suite 300
Davis, CA 95618 City: City of Stockton
Attn: City Manager
425 N. El Dorado Street
Stockton, CA 95202

9. Key Personnel
Alison Book, LCSW, Director, Human Services, UC Davis Continuing and Professional Education (Continuing Educator III), will serve as principal investigator for the project.

ATTACHMENT H 497
4 (Rev. 10.30.18)
Christine Ly, Public Education Specialist 4, will provide organization and facilitation of planning meetings, oversight of curriculum development work, and technical assistance and support for the educational deliverables of the contract.

Katie Yang, Public Education Specialist 2, will coordinate and manage scheduling logistics and provide oversight of contract expenditures and administrative tasks related to deliverables.

Contact Information:

UC Davis Continuing and Professional Education - Human Services 463 California Ave.

Davis, CA 95616
(530) 757-8643
[email protected]
ATTACHMENT H 498
REV 2022-05-17
Exhibit B:

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

4. Professional Liability/Errors and Omissions insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

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

ATTACHMENT H 499
REV 2022-05-17
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.

For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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

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 ATTACHMENT H 500
REV 2022-05-17
provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

If any of the required policies provide claims-made coverage:

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 .

3. If coverage is canceled or non-renewed, and not replaced the contract effective date, the
Contractor must purchase “extended reporting” coverage for a minimum of years after completion of work.

ATTACHMENT H 501
REV 2022-05-17
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 and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton 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. 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.

Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided .

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
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT H 502
(Rev. 10.30.18; Mod 07.12.22 SG)

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.

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 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
1 ATTACHMENT H 503
(Rev. 10.30.18; Mod 07.12.22 SG)
to execute any additional documents that may be necessary to evidence such assignment at the City’s expense. 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 City’s expense. Disclosure of Confidential Information shall be made in writing marked “Confidential” or if orally disclosed, is reduced to a marked writing within thirty (10 ) business days of oral disclosure.”

6. 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.

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

8. Contractor’s Status.

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 2 ATTACHMENT H 504
(Rev. 10.30.18; Mod 07.12.22 SG)
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.

10.3 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 thirty (30) days 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. 3 ATTACHMENT H 505
(Rev. 10.30.18; Mod 07.12.22 SG)

1. 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.

13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) directly directly resulting from Contractor’s performance of work outlined in Exhibit A hereunder or its failure to comply with any of its obligations contained in the Agreement, but only in proportion to and to the extent such liability, loss, or claims for injury or damages are directly caused by or directly result from the negligent or intentional acts or omissions of Contractor, its officers, agents, or employees. except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.

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

ATTACHMENT H 506
(Rev. 10.30.18; Mod 07.12.22 SG)

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. With sufficient notice, 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 which have been clearly marked as confidential

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.

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.

29. Advice of Attorney. Each party certifies 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 certify that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 ATTACHMENT H 509
1 (Rev. 07.12.22)

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this 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 ATTACHMENT H 510
2 (Rev. 07.12.22)
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 accordanceto the Statement of Work as outlined in Exhibit A. 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.

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 H 511
3 (Rev. 07.12.22)
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

ATTACHMENT H 512
4 (Rev. 07.12.22)

8. Findings Confidential
Contractor agrees that reports, data, or other materials clearly marked as City’s confidential information, shall not be made available to any individual or organization without the prior notice to 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
Contractor shall have the right to publish, disclose, disseminate and use in whole or in part, for research, teaching and public service purposes, any data and information received, collected, or developed under this Agreement, except as indicated in the confidentiality provisions of this Agreement. Contractor agrees to submit a copy of intended publication materials to City for review and comment at least sixty (60) days prior to submission for publication. City will have no editorial rights over publication materials but may request changes and Contractor will consider making changesAny 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.

10. Deliverables
Contractor shall prepare or provide to the City the Deliverables as outlined in Exhibit A.

ATTACHMENT H 513
1 (Rev. 10.30.18)

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 $140,000.00 (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 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City in accordance with Exhibit A. . The City shall not pay a markup on any of the items listed in i, ii or iii. Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost.

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.

ATTACHMENT H 514
1 (Rev, 10.30.18)

2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Task Description Task Price
1 Develop and deliver up to 6 classes per fiscal year for 3 $ years. To cover expenses for UCD staff and consultant time to coordinate and deliver trainings, travel expenses and $ course materials $

TOTAL PRICE NOT

TO EXCEED
$ 140,000 for 3 years

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
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT H 515
Exhibit G

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

ATTACHMENT H 516

12. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

13. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

14. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the ATTACHMENT H 517
assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

15. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

16. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

17. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code§10353.

18. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

19. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
ATTACHMENT H 518
ATTACHMENT I 519
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.3 The San Joaquin Community Data Co-Op (Data Co-Op) will be providing applied research and evaluation services to the City of Stockton Office of Violence Prevention for the California Violence Intervention and Prevention (CalVIP) grant program. This effort will center on collaborating with stakeholders and evaluating program processes and outcomes throughout implementation. This data analysis project will not go beyond 2025.

2. Project Scope

2.2 The evaluation work will include a comprehensive process and outcome evaluation. As part of this effort the evaluation team will collect baseline data on all homicides and gun-related crime from 2000 to 2021 in order to be able to track patterns over time. In addition, baseline and outcomes data collection, pre and post, will include the following:

x Employment and housing status
ATTACHMENT I 520
2 (Rev. 10.30.18)
x Whether clients have safe, permanent housing
x Status of leadership development
x Whether clients have access to daily meals, whether such access was/is consistent day to day, and the number of meals that clients had/have access to each day
x Client families receipt of supportive services along with the number and type of supportive services
x Whether clients feel safe
x List of leaders and partners supporting the violence reduction efforts including the name, organization, and length of time in support of efforts x List of community, criminal justice, and civic leader relationships to create strategic responses to violence; this list will include the length of time that these relationships have been in place
x List of the trainings and the education provided to individuals and communities most impacted by violence
x Description of community engagement and what types of evidence-based and anti-violence communication and messaging was used to cultivate community ownership to reduce violence
x Case studies, surveys and interviews of clientele, and surveys and interviews of program partners and staff
x Partner successes and challenges throughout

2.3 Contractor shall provide timely, comprehensive, and detailed programmatic and financial reporting and documentation as required by the BSCC and City Agreement (Agreement# BSCC 858-22).

2.4 Contractor shall work in partnership with evaluator San Joaquin Community Data Co-Op for all grant-related data collection and reporting.

2.5 Contractor shall track program activity and report all necessary data required by OVP to maintain its program performance.

3. Internal and External Standards and Guidelines

3.1 Books and Records

3.1.1 Contractor shall maintain fiscal and project books, records, documents, and other evidence pertinent to the work on the project in accordance with the generally accepted accounting principles.

3.1.2 Contractor shall maintain adequate supporting documentation in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation.

ATTACHMENT I 521
3 (Rev. 10.30.18)

3.1.2.1 Contactor shall maintain these records for a minimum of three (3) years after the termination of this
Agreement and shall be available for examination and
or audit by the City, BSCC or designees, state
government auditors or designees, or by federal
government auditors or designees.

3.2 Access to Books and Records

3.2.1 Contractor shall make such books, record, supporting documentation, and other evidence available to the City, BSCC or designee, the State Controller's Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representative during the term of this Agreement and for a minimum of three (3) years after the expiration of this Agreement.

3.2.2 Contractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to this Agreement.

4. Major Deliverables

4.1 Quarterly Updates

4.2 Local Evaluations Plan (LEP)

4.3 Local Evaluation Report (LER)

5. Tasks That Support the Deliverables

5.1 Meet with collaborative to determine data collection and processes

5.2 Database Design

5.3 Survey (staff & client) development

5.4 Create interview questions (staff & client)

5.5 Determine case study process

5.6 Determine indicators for quarterly updates

5.7 Write Local Evaluation Plan (LEP) with Logic Model
ATTACHMENT I 522
4 (Rev. 10.30.18)

5.8 Finalize the Local Evaluation Plan (LEP) with partners

5.9 Submit LEP to BSCC

5.9.1 Ongoing meetings and collaboration with partners

5.9.2 Quarterly updates and reporting

5.9.3 Begin conducting case studies, surveys and interviews of staff and clients (to be done annually)

5.9.4 Annual Reports

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

Contractor: San Joaquin Community Data Co-Op
620 N. Aurora Street, Suite 310 City: City of Stockton
Stockton CA, 95201 Attn: City Manager
425 N. El Dorado Street
Stockton, CA 95202

7. Key Personnel
Stephanie Waldron, Interim Executive Director
620 N. Aurora Street, Suite 310
Stockton, CA 95201
209-816-1464
[email protected]
ATTACHMENT I 523
REV 2022-05-17
Exhibit B:

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

4. Professional Liability/Errors and Omissions insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

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

ATTACHMENT I 524
REV 2022-05-17
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.

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 ATTACHMENT I 525
REV 2022-05-17
provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Claims Made Policies
If any of the required policies provide claims-made coverage:

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.

ATTACHMENT I 526
REV 2022-05-17
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 and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton 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. 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
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT I 527
(Rev. 10.30.18; Mod 07.12.22 SG)

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.

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 1 ATTACHMENT I 528
(Rev. 10.30.18; Mod 07.12.22 SG)
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.

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.

9.2 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 2 ATTACHMENT I 529
(Rev. 10.30.18; Mod 07.12.22 SG)
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.

10.3 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.

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.

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

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.

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.

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this 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 ATTACHMENT I 535
2 (Rev. 07.12.22)
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:

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 I 536
3 (Rev. 07.12.22)
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

ATTACHMENT I 537
4 (Rev. 07.12.22)

ATTACHMENT I 538
1 (Rev. 10.30.18)

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 $___58,361___ (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 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

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.

ATTACHMENT I 539
2 (Rev. 10.30.18)

2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Task Description Task Price
1 Interim Executive Director $17,300
2 Research & Evaluation Manager $13,176
3 Senior Research Associate $27,885
TOTAL PRICE $58,361

City of Stockton – City Manager’s Office
Attention: Office of Violence Prevention
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT I 540
Exhibit G

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

ATTACHMENT I 541

12. TIMELINESS: Time is of the essence in this Agreement.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the ATTACHMENT I 542
assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

AMENDMENT TO THE HOLMAN ROAD BRIDGE OVER BEAR CREEK REIMBURSEMENT AGREEMENT TO INCREASE REIMBURSEMENT AMOUNT BY $4,449,015

RECOMMENDATION
It is recommended that City Council adopt a Resolution to:

1. Approve an Amendment to Holman Road Bridge Over Bear Creek Reimbursement Agreement to increase the reimbursement amount by $4,449,015 with Vascorp Investments Corporation, Inc.; and

2. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

Summary
The proposed Resolution approves an amendment to the Holman Road Bridge Over Bear Creek Reimbursement Agreement that increases the reimbursement amount by $4,449,015 with Vascorp Investments Corporation Inc. (Developer).

Conditions of approval for the Cannery Park Mixed Use project require that certain public improvements, such as utilities, roadways, and bridge crossings, be constructed. On November 27, 2007, and in accordance with the Public Facilities Fees (PFF) Administrative Guidelines, the City Council approved a PFF reimbursement agreement with the Developer for the eligible portion of Holman Road and the bridge crossing extension improvements constructed, for an amount not to exceed $3,095,241.

The Developer received bids for constructing the Holman Road extension and bridge crossing improvements that significantly exceed the anticipated construction cost prepared in 2007.

Consequently, the approved reimbursement amount for PFF-eligible improvements is insufficient to compensate the Developer. To comply with the allowable construction work window within the environmentally sensitive Bear Creek habitat, the Developer elected to proceed with construction of the bridge crossing improvements and receive partial reimbursement under the approved amount in the current Agreement.

To enable the continued construction of Holman Road extension and bridge crossing without delay, staff recommends that Council adopt a Resolution amending the Holman Road Bridge Over Bear Creek Reimbursement Agreement to increase the reimbursement amount by $4,449,015. Sufficient funds are available in Public Facilities Fee Street Improvements fund account to address the requested reimbursement amendment.

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DISCUSSION
Background
On August 12, 2004, the Planning Commission approved a Small Lot and Large Lot Tentative Subdivision Map (TM 8-04 A&B) for the Cannery Park Mixed Use Project (Attachment A - Vicinity Map). The Planning Commission also recommended City Council approve an Environmental Impact Report, General Plan Amendment, Eight Mile Road Specific Plan Amendment, Annexation, Prezoning, and Development Agreement for the project. On September 14, 2004, City Council approved the Planning Commission and staff recommendations. The approved 448-acre project development will consist of 1,100 single-family lots, 210 multi-family units, commercial retail and office, industrial parks, a school, and a fire station. The Developer will also construct public infrastructure improvements, including the bikeway/pedestrian along Bear Creek, utility mains, a Holman Road extension from north of Morada Lane up to Eight Mile Road, and bridge crossing over Bear Creek.

In accordance with the Public Facilities Fees Administrative Guidelines, the City Council approved a Public Facility Fee (PFF) reimbursement agreement in 2007 for the eligible portions of Holman Road improvements from the Woodbridge Irrigation canal crossing to a bridge crossing of Bear Creek, in the amount not to exceed $3,095,241 (Attachment B - Resolution No. 07-0489). The approved reimbursement included construction management and staking, inspection fees, and ten percent (10%) contingencies.

The project was slowed by the 2008 - 2009 recession but resumed development in 2017. Up to the present time, the Project has had eight final maps approved that created 840 residential lots, a school, public rights-of-ways, and easements. Public infrastructure improvements have also been completed, including extending a portion of Holman Road to PFC Jesse Mizener Street and utility main extensions. Construction of the bridge crossing over Bear Creek is presently underway.

Present Situation
Due to both the increased cost for construction labor and materials and economic inflation, the recent construction bids received by the Developer for the Holman Rd extension (from north of PFC Jesse Mizener Street to Eight Mile Road), including the bridge crossing are significantly higher than the engineer’s cost estimate that was prepared in 2007. Consequently, the reimbursement amount approved for the eligible portions of the Holman Road extension and bridge crossing improvements is insufficient to compensate the Developer. Therefore, the Developer seeks to amend the Holman Road Bridge Over Bear Creek Reimbursement Agreement to increase the reimbursement amount by $4,449,015 to continue construction activity without delay.

Table 1 outlines the approved and additional reimbursement amount needed for eligible City of Stockton Page 2 of 3 Printed on 2/2/2023
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Table 1 outlines the approved and additional reimbursement amount needed for eligible improvements.
(A) Approved
Reimbursement
Agreement Amount
(B) Eligible
Improvement Cost
(Based on Bids
Received)
(B - A) Additional
Reimbursement
Amount Request
(Amendment)
Holman Road
Extension
$ 521,131 $ 1,248,106 $ 726,975
Bridge Crossing $ 2,574,110 $ 6,296,150 $ 3,722,040
Total = $ 3,095,241 $ 7,544,256 $ 4,449,015
The Developer continues to consider ways to reduce construction costs, such as using alternative materials, exploring design options, and possibly rebidding the Holman Road extension portion from Bear Creek to Eight Mile Road in early spring of 2023 in anticipation of a more favorable bid price.

The Developer received permit conditions of approval for construction of the Holman Road Bridge over Bear Creek from the Central Valley Flood Protection Board and Federal Army Corps of Engineers. In order to meet the short “in-creek” construction window imposed by the permit conditions, the developer has begun construction of Holman Road Bridge over Bear Creek. The bridge crossing portion is anticipated to be completed in the spring of 2023.

Staff recommends that Council adopt a Resolution amending the Holman Road extension and Bridge Over Bear Creek Reimbursement Agreement to increase the reimbursement amount by $4,449,015 for a total eligible amount not to exceed $7,544,256.

FINANCIAL SUMMARY
The existing reimbursement agreement is funded from the Facilities Street Improvement Fee Fund.

There are sufficient funds available in this fund to sustain the increase to the reimbursement amount.

There will be no financial impact to the City’s General Fund as a result of approving this action.

Attachment A - Vicinity Map
Attachment B - Resolution No. 07-0489
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Holman Road and Bridge Crossing Vicinity Map

ATTATCHMENT A
N
N
547
Attachment B 548
Attachment B 549
Attachment B 550
Attachment B 551
Attachment B 552
Attachment B 553
Attachment B 554
Attachment B 555
Attachment B 556
Attachment B 557
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE AMENDMENT TO THE HOLMAN ROAD BRIDGE

OVER BEAR CREEK REIMBURSEMENT AGREEMENT TO INCREASE
REIMBURSEMENT AMOUNT BY $4,449,015
On August 12, 2004, the Planning Commission approved a Small Lot and Large Lot Tentative Subdivision Map (TM 8-04 A&B) for the Cannery Park Mixed Use Project and recommended that City Council approve an Environmental Impact Report, General Plan Amendment, Eight Mile Road Specific Plan Amendment, Annexation, Pre-zoning and Development Agreement; and
On September 14, 2004, City Council approved the Planning Commission and Staff recommendations. The Project proposed to develop a 448-acre project site with 1,100 single-family lots, 210 multi-family units, commercial retail and office, industrial, parks, a school and a fire station; and
Condition of approval for the Cannery Park Mixed Use Project required that certain public improvements, such as utilities, roadways, bridge crossings, and the like, be constructed; and
On November 27, 2007, in accordance with the Public Facilities Fees Administrative Guidelines, the City Council approved Holman Road Bridge Over Bear Creek Reimbursement Agreement, a Public Facility Fee (PFF) reimbursement for the eligible portion of the improvements of Holman Road from Woodbridge Irrigation canal crossing to the south edge of the bridge crossing and the bridge crossing in the amount not to exceed $3,095,241 (Resolution No. 07-0489); and
The said reimbursement amount included construction management and staking, inspection fees and ten percent (10%) contingencies; and Due to the ongoing demand for construction labor and materials, and high inflation rate, the construction bids received by the Developer for constructing Holman Rd extension (continuing from north of PFC Jesse Mizener Street to Eight Mile Road) and the bridge crossing significantly exceeds engineer’s cost estimate that was prepared in 2007 and consequently the reimbursement amount is insufficient to compensate the Developer for the eligible improvements portion of the Holman Road extension and bridge crossing; and
Developer is seeking to amend the Holman Road Bridge Over Bear Creek Reimbursement Agreement to increase reimbursement funds by $4,449,015 to continue with construction activity without delay; and
558
Completion of the Holman Road extension with the bridge crossing is an important PFF project identified in the Envision Stockton General Plan 2040; and Staff recommends Council to adopt a Resolution amending the Holman Road Bridge Over Bear Creek Reimbursement Agreement to increase the reimbursement amount by $4,449,015 to allow completion of the bridge crossing and reimbursement; now, therefore,

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

1. The City Manager is hereby authorized to execute an Amendment to Holman Road Bridge Over Bear Creek Reimbursement Agreement to increase the reimbursement amount by $4,449,015, for a total not to exceed amount of $7,544,256, with Vascorp Investments Corporation, Inc., a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Manager is authorized to take such other actions as are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED and ADOPTED February 7, 2023 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
559
560
561
562
563
City of Stockton
Legislation Text
File #: 23-0035, Version: 1

APPROVE RESOLUTION ACCEPTING GRANT FUNDING FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2021 FOR THE CESAR CHAVEZ CENTRAL LIBRARY REMODEL PROJECT NO. CL22001 IN THE AMOUNT OF $10,000,000

RECOMMENDATION
Staff recommends that City Council adopt a resolution to:
1) Authorize the City Manager to accept the State of California Budget Act of 2021 (SB129) - California State Library Building Forward Infrastructure Program Grant for the Cesar Chavez Main Library Remodel Project CL22001 in the amount of $10,000,000 and make all necessary appropriations in compliance with and for the purposes of the grant application; and 2) Authorize the City Manager to execute the Grant Agreement, all grant award document filings, agreements, and amendments, as required by the California State Library, and accept applicable terms and conditions; and
3) Authorize the City Manager or designee to submit any required documents, funding requests, and reports required to obtain grant funding; and
4) Authorize the City Manager or designee to take appropriate and necessary actions to comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, and the California Labor Code, disabled access laws, and that prior to commencement of the project, all applicable permits will have been obtained; and,
It is also recommended that the City Council authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
The California State Budget Act of 2021 (SB129, Chapter 69, Statutes of 2021) allocated $439 million in one-time funds to the California State Library’s Building Forward Library Infrastructure (BFLI) Program. The program helps address life-safety building issues and prioritizes library facilities in high-poverty areas such as Stockton. The City of Stockton 2021-2026 Capital Improvement Plan (“CIP”) includes the Cesar Chavez Library Remodel (“Project)” CL22001 with a budget of $8,080,000.

The CIP budget is insufficient for the current critical needs and deferred maintenance of the Chavez Library.

On March 22, 2022, City Council approved motion 2022-03-22-1209, ratifying the City Manager’s submission of the grant application to the California State Library. The BFLI program had a short City of Stockton Page 1 of 4 Printed on 2/2/2023
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application period of fewer than 60 days and closed on March 21, 2022. On September 12, 2022, the Library was notified that the funding request of $10,000,000 was approved (Attachment A - Award Letter & Unallowed Costs). Preliminary grant documents were provided on November 4, 2022. The Grant requires a $5,000,000 match in funds. $4,450,000 is in the Strong Communities Funding Plan and is approved in the current fiscal year budget. The remainder of the funds will be allocated and appropriated from the Measure M - Strong Communities Fund in the FY2023-24 Annual Budget process.

Staff recommends accepting the grant in the amount of $10,000,000; executing all grant agreements and amendments, related grant documents, reports, and filings; accepting associated terms and conditions; and appropriating funds to the Cesar Chavez Library Remodel (“Project)” CL22001. The Project design is anticipated to start in the spring of 2023, and construction will be completed by March 2026.

DISCUSSION
Background
The Stockton-San Joaquin County Public Library System (“Library”) provides free library services at 16 library branches to 781,600 residents in San Joaquin County. The Cesar Chavez Central Library (“Chavez Library”) is a 70,000-square-foot facility first dedicated in 1964 and partially remodeled in 2004. Chavez Library serves as the Central Library, or “hub” of the library system, housing a central library book collection, special historical collections, the Community Services administration department, technical services, and delivery staff who support library operations.

Years of deferred maintenance have affected the practical use of the facility. The building is outdated, and modifications have been hindered by the cost of removing hazardous materials such as asbestos in the floor tiles, spray-on fireproofing, pipe fittings, and roofing. The current layout of the building, deteriorating interior, and outdated systems need updating for modern library patron needs.

In 2016 the Measure M- Strong Communities ballot initiative was passed, and a long-range expenditure plan was created. The Expenditure Plan has earmarked $8,080,000 for the Cesar Chavez Library Remodel Project No CL22001, which is scheduled to begin design development in FY 2022-23. $4,450,000 is in the Strong Communities Funding Plan and is approved in the current fiscal year budget. The remainder of the funds will be allocated and appropriated from the Measure M - Strong Communities Fund in the FY 2023-24 Annual Budget process. Based on feedback from Public Works, the allotted Measure M - Strong Communities funding is insufficient for the critical needs and deferred maintenance of the Chavez Library.

In the fall of 2021, the State Library announced the FY 2021-22 BFLI Grant funded by the State of California and administered by the California State Library. The grant intends to expand library services and program opportunities in underserved communities across California. Guidelines allow a library system of our size to apply for an award not to exceed $10,000,000. The BFLI application period opened on February 4, 2022, and closed on March 21, 2022. Because the application period was short, the City Manager authorized the submission of a grant application on March 21, 2022, followed by a staff report to City Council on March 22, 2022. On March 22, 2022, City Council City of Stockton Page 2 of 4 Printed on 2/2/2023
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approved motion 2022-03-22-1209 to ratify the City Manager’s approval of the grant application.

Staff submitted a request for $10,000,000 based on the overall estimated costs of the Project. The BFLI Grant requires a dollar-for-dollar match for the Project; however, the required match is predicated on the Library’s Local Income Per Capita (“LIPC”) level, derived from the California Public Library’s Survey Data. Our Library’s LIPC is considered a Level 2, which reduced the required match by 50%, or $5,000,000.

The California State Library received 275 applications from 86 jurisdictions for requests exceeding $551 million, well above the $439 million allocated to the program. The State Library requested additional information to assist in evaluations, and the City submitted the responsive report in July 2022.

Present Situation
The Library was notified on September 12, 2022, that the grant application was accepted for funding in the amount of $10,000,000 with a reduced match of $5,000,000. The grant funding is restricted to health and safety activities and expenses. It will help fund improvement and modifications to seismic bracing, interior floors, ceilings and doors, HVAC system, electrical distribution, lighting, fire and security systems, life-safety and code compliance, ADA compliance, and hazmat remediation. The grant will also fund design, environmental, permitting, and other administrative costs. A summary of grant activities is provided (Attachment B - Budget).

This grant supports existing CIP Project CL2201. The Request For Proposals CL2201 for design services for the Chavez Library closed on December 16, 2021. The final design award will return to City Council for approval in early Spring, when the RFP scope, now expanded by the proposed grant award, is finalized.

The Library received an award package in November 2022. The package includes a project budget, a final project implementation plan, a draft Grant Agreement and Certificate of Compliance, a letter certifying the availability of match funds, and a fiscal claim. The project design work is anticipated to start in the Spring of 2023. Construction must be completed by March 2026. The Project details and timeline are incorporated into The Implementation Plan (Attachment C - Timeline). To obtain funding, the City Council must pass a resolution to authorize the award, accept the funding, and authorize the City Manager to execute the final Grant Agreement and all related documents.

Of the $8,080,000 in the current CIP, $5,000,000 will be set aside to match funds for specific expenditures identified in the Project Budget. There is currently $4,450,000 available in the Capital Improvement Plan Project CL22001, and the remainder will be allocated and appropriated in the FY2023-24 Annual Budget process. The remaining $3,080,000 in the CIP will be held for contingency, building furnishings and equipment, and other essential construction costs not deemed eligible for grant funding use. The original project budget was established in 2019, and construction costs have escalated, impacting the budget scope. Staff will return to City Council to discuss the additional capital needs of this project. The staff report contains a draft agreement with related terms and conditions. The final agreement will be delivered after the Implementation Plan, Budget, and the City Council-approved resolution are uploaded into the grant portal and can be incorporated into the final agreement.

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Staff recommends approval of Grant Agreement BF-1-21-061 for $10,000,000 which will be substantially similar to the draft Agreement (Exhibit 1 to the Proposed Resolution).

Financial Summary
The City of Stockton Public Works Department will coordinate the CIP. Library staff will work with Public Works staff to coordinate grant award requirements. The City of Stockton Measure M - Strong Communities Transaction Tax Project currently has $4,450,000 available, and the remainder will be requested in the FY 2023-24 Annual Budget process. Grant revenue and expenditures will require an increase to appropriate $10,000,000.00 in grant revenues and expenditures for the Chavez Library Remodel Project No. CL22001 to the FY 2022-23 Budget.

Attachment A - Award Letter & Unallowed Costs
Attachment B - Budget
Attachment C - Timeline
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October 19, 2022
Harry Black
City Manager
■■ CALIFORNIA
aa STATE LIBRARY
City of Stockton on behalf of the Stockton-San Joaquin County Public Library 605 N El Dorado St
Stockton, CA 95202
Subject: Building Forward, Library Infrastructure Grant

STOCKTON-SAN JOAQUIN COUNTY PUBLIC LIBRARY
Cesar Chavez Central Library
Grant No. BF-1-21-061
Dear Harry Black:

This letter confirms the California State Library's award of $10,000,000 in Building Forward grant funds to the City of Stockton on behalf of the Stockton-San Joaquin County Public Library for the Cesar Chavez Central Library Remodel project at the Cesar Chavez Central Library. These grant funds are intended to be used toward the project components detailed in the Intent to Fund letter dated September 12, 2022, and on the last page of this letter.

The State Library has also reviewed and approved your request for a 50% reduction in the required local match contribution for your project. Per your application and the requirements set forth in SB 129 (2021 ), the City of Stockton on behalf of the StocktonSan Joaquin County Public Library will contribute $5,000,000 toward the project. Match funds are subject to the same restrictions as grant funds; may not be spent on any unallowable costs; and must be spent during the grant period at the same rate as grant funds.

This grant is governed by the Grant Agreement and Certification of Compliance. These documents, along with the first allocation claim form, will be sent separately to your organization's authorized representative by email through DocuSign and they must be signed using the DocuSign system.

The following supporting documents are also required and must be submitted through the State Library's online grant portal at: https://webportalapp.com/sp/buildingforward:

Library - Courts Building
P O Box 942837
Sacramento, CA 94237-0001
916-323-9759
[email protected]
www.library.ca.gov
Attachment A 568
Building Forward Library Infrastructure Grant Program
BF-1-21-061

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City Council and Concurrent AuthoritiesFebruary 7, 2023

City Council and Concurrent Authorities
February 7, 2023