Agenda packet — City Council and Concurrent Authorities, March 21, 2023 (part 1 of 4)

City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
4:00 PMTuesday, March 21, 2023
Closed Session 4:00 PM :: Regular Session 5:30 PM

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 23-0217

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Two
Name of Case: Kevin Brasley, et al. v. City Council of Stockton, et al. (United States District Court, Eastern
District, Case No. 2:20-CV-01967-JAM-CKD)
Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No.

STK-CV-UVM-2019-12404)
This Closed Session is authorized pursuant to section 54956.9(d) (1) of the Government Code.

Department:

City Attorney

3.2 23-0218 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: City Manager Harry Black Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Department:

City Attorney

3.3 23-0219 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Manager

This Closed Session is authorized pursuant to Government Code section 54957.

Department:

City Attorney

3.4 23-0220 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Attorney

This Closed Session is authorized pursuant to Government Code section 54957.

Department:

City Attorney

3.5 23-0221 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Clerk

This Closed Session is authorized pursuant to Government Code section 54957.

Department:

City Attorney

3.6 23-0222 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: One
Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code section 54956.9(d)(2).

Department:

City Attorney

4. CLOSED SESSION PUBLIC COMMENT*

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

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10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10.1 23-0284
PROCLAMATION: NATIONAL NUTRITION MONTH - MARCH 2023
Department: Office of the Mayor

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 23-0277 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of January 6, 2023, January 10, 2023, January 24, 2023, and February 7, 2023 Department: City Clerk
Attachment A – 2023-01-06
Attachment B – 2023-01-10
Attachment C – 2023-01-24
Attachment D – 2023-02-07
Attachments:

12.2 23-0060 ACCEPT THE 2023 ANNUAL HEALTH BENEFITS REPORT AND ADOPT THE MONTHLY PREMIUM RATES FOR THE CITY’S HEALTH
PLANS FOR 2023-2024
Recommended Action:

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

1. Accept the 2023 Annual Health Benefits Report for the City's medical, dental, vision, and fringe benefit plans; and

2. Approve moving to an 18-months renewal changing our benefit enrollment schedule from a fiscal year to a calendar year; and

3. Approve the recommended monthly premium rates for the City's benefit plans; and

4. Authorize the City Manager or their designee to execute health benefit policies and plans to address the health care needs of the City's employees.

Department:

Human Resources
Attachment A - 2023 Annual Health Benefits Report
Attachment B - Health Premiums Rates
Attachments:

12.3 23-0165 APPROVE A RESOLUTION OBJECTING AND NOT CONSENTING

TO THE PUBLIC SALE BY THE COUNTY OF SAN JOAQUIN OF

REAL PROPERTY UPON WHICH THE CITY OF STOCKTON HAS
LIENS OR OTHER RIGHTS TO PROPERTY TO PRESERVE CITY’S

INTERESTS UPON THOSE PARCELS OF REAL PROPERTY

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Recommended Action:

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

1. Objecting and not consenting to the sale of certain properties which are subject to the County's Power to Sell;

2. Preserving any City liens and other rights which it may have to property which are subject to the County's Power to Sell; and

3. Authorizing certain City officials to send a certified copy of the resolution to the San Joaquin County Treasurer-Tax Collector and San Joaquin County Board of Supervisors.

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

Department:

Police
Proposed ResolutionAttachments:

12.4 23-0166 APPROVE MOTION TO EXECUTE A ONE-YEAR AGREEMENT WITH

EPIC PRODUCTIONS OF PHOENIX, LLC, IN AN AMOUNT NOT TO
EXCEED $190,000
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Authorize the City Manager to execute a one-year Services Agreement with Epic Productions of Phoenix, LLC;

2. Approve findings pursuant to Stockton Municipal Code section

3.68.070 in support of an exception to the competitive bidding process; and

3. It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.

Department:

Police
Attachment A - Standard Agreement - Epic RecruitingAttachments:

12.5 23-0167 APPROVE MOTION TO EXECUTE A THREE-YEAR MEMORANDUM

OF UNDERSTANDING WITH THE SAN JOAQUIN COUNTY
SHERIFF’S DEPARTMENT COMMUNITY CORPS

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Recommended Action:

RECOMMENDATION

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

1. Authorize the City Manager to execute a three-year Memorandum of Understanding (MOU) with the San Joaquin Sheriff's Department Community Corps (SJCC) to provide general labor services, at a not-to-exceed cost of $573,000; and

2. Authorize and direct the City Manager to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.

Department:

Police
Attachment A - MOU between SJSO and COSAttachments:

12.6 23-0186 APPROVE MOTION TO EXECUTE A FIVE-YEAR MASTER SERVICE

AGREEMENT WITH LEXIPOL, LLC, IN AN AMOUNT NOT TO
EXCEED $496,827.50
Recommended Action:

RECOMMENDATION

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

1. Authorize the City Manager to execute a five-year Master Service Agreement with Lexipol, LLC (Lexipol), in an amount not to exceed $496,827.50.

2. Approve findings pursuant to Stockton Municipal Code section

3.68.070 in support of an exception to the competitive bidding process; and

Department:

Police
Attachment A - Lexipol Master AgreementAttachments:

12.7 23-0272 RATIFY SUBMITTAL OF RAISE GRANT APPLICATION TO THE

DEPARTMENT OF TRANSPORTATION FOR CONNECTING
STOCKTON: THE CALIFORNIA STREET MULTIMODAL CORRIDOR

PROJECT

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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action:

RECOMMENDATION
It is recommended that the City Council approve a motion to ratify submittal of the Rebuilding American Infrastructure with Sustainability and Equity Grant application for Connecting Stockton: The California Street Multimodal Corridor project, also known as the California Street Road Diet, Project No. WT18005, in the amount of $25,000,000.

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

Department:

Public Works
Attachment A - Vicinity MapAttachments:

12.8 23-0141 ADOPT RESOLUTION TO AUTHORIZE THE CITYWIDE TREE

REMOVAL AND STUMP GRIND PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Notice of Exemption No. NOE34-22 under the California Environmental Quality Act for the Citywide Tree Removal and Stump Grind, Project No. WD22053.

2. Approve the specifications for the Citywide Tree Removal and Stump Grind, Project No. WD22053.

3. Award a Service Contract in the amount of $267,817.50 to Rancho Tree Service of Bakersfield, CA, for the Citywide Tree Removal and Stump Grind, Project No. WD22053.

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

Department:

Public Works
Attachment A - Project Map
Attachment B - Location List
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:

12.9 23-0017 ADOPT RESOLUTION TO AUTHORIZE THE HSIP 9 - INSTALL SIDEWALK AND MEDIAN FENCING ALONG DR. MARTIN LUTHER
KING JR. BOULEVARD PROJECT

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Recommended Action:

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

1. Approve Notice of Exemption No. NOE10-22 under the California Environmental Quality Act for the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No.

WT19003/Federal Project No. HSIPL-5008(186).

2. Approve the plans and specifications for the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186).

3. Appropriate funds in the amount of $11,000 from the Measure K Maintenance Fund Balance to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No.

WT19003/Federal Project No. HSIPL-5008(186).

4. Appropriate additional Highway Safety Improvement Program funds in the amount of $97,470 to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No.

WT19003/Federal Project No. HSIPL-5008(186).

5. Award a Construction Contract in the amount of $538,159.85 to United Pavement Maintenance, Inc. of Hughson, CA, for the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr.

Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186).

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

Department:

Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - NOE10-22
Exhibit 2 - Construction Contract
Attachments:

12.10 23-0047 ADOPT RESOLUTION TO AUTHORIZE THE INSTALL LEFT-TURN

LANES AT AIRPORT WAY AND HAZELTON AVENUE PROJECT

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Recommended Action:

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

1. Approve Notice of Exemption No. NOE11-21 under the California Environmental Quality Act for the Install Left-Turn Lanes at Airport Way and Hazelton Avenue, Project No. WT19002/Federal Project No.

HSIPL-5008(184).

2. Approve the plans and specifications for the Install Left-Turn Lanes at Airport Way and Hazelton Avenue, Project No. WT19002/Federal Project No. HSIPL-5008(184).

3. Appropriate funds in the amount of $362,557.40 from the Highway Safety Improvement Program funds to the Install Left-Turn Lanes at Airport Way and Hazelton Avenue, Project No. WT19002/Federal Project No. HSIPL-5008(184).

4. Award a Construction Contract in the amount of $1,423,590 to United Pavement Maintenance, Inc. of Hughson, CA, for the Install Left-Turn Lanes at Airport Way and Hazelton Avenue, Project No.

WT19002/Federal Project No. HSIPL-5008(184).

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

Department:

Public Works
Attachment A - Project Location Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. NEW BUSINESS

15.1 23-0271

COMMUNITY WELL-BEING CRISIS INTERVENTION PROGRAM
UPDATE
Recommended Action: RECOMMENDATION
Informational only; no action to be taken.

Department: City Manager's Office
PPT 15.1 Community Medical Centers UpdateAttachments:

15.2 23-0231 APPROVE THE 2023 STATE AND FEDERAL LEGISLATIVE

PROGRAMS

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Recommended Action:

RECOMMENDATION
It is recommended that the City Council adopt by motion the 2023 State and Federal Legislative Programs and authorize the City Manager to pursue the objectives outlined in these Programs through advocacy efforts in Sacramento and Washington, D.C.

Department:

City Manager's Office
Attachment A - 2023 State & Federal Legislative Programs PPT 15.2 2023 Legislative Programs
Attachments:

15.3 23-0179 ADOPT A MOTION AUTHORIZING THE CITY TO APPLY FOR A

GRANT AWARD FOR A SHELTER PROGRAM SERVING HOMELESS

INDIVIDUALS, AND IF AWARDED, ACCEPT AND APPROPRIATE
GRANT AND ARPA FUNDING.

Recommended Action:

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

1. Authorize the City Manager, or designee, to submit a $6,500,000 application for a one-time capital grant through the County of San Joaquin (the "County") to support the creation of the Pathways shelter program for homeless individuals in partnership with St. Mary's Dining Room (the "Pathways Program");

2. Authorize the City Manager, or designee, to enter into, execute, and deliver all documents required or deemed necessary or appropriate with the County of San Joaquin and St. Mary's Dining Room;

3. Authorize the City Manager, or designee, to accept and appropriate grant revenues and expenditures;

4. Authorize the commitment of $3,600,000 of American Rescue Plan Act funds, and, upon approval from the County, total County grant funds, to St. Mary's Dining Room for daily costs associated with creating and operating the Pathways Program; and

5. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this motion, including executing agreements and other documents with the County and St. Mary's Dining Room.

Department:

Economic Development
Attachment A - Site Map
PPT 15.3 - Low Barrier Shelter - SMDR
Attachments:

15.4 23-0280 ADOPT THE FY 2023-24 COUNCIL PRIORITY GOALS, ONE PAGE STRATEGIC PLAN, AND 2023 COUNCIL PLANNING WORKSHOP
REPORT

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Recommended Action:

RECOMMENDATION
It is recommended that the City Council adopt by motion the FY 2023-24 One Page Strategic Plan, outlining the City Council's updated priority goals.

Department:

City Manager
Attachment A - FY2023-24 One Page Plan
Attachment B - Summary Report
Attachment C - 2023 Workshop Presentation
Attachments:

15.5 23-0274 ACCEPT FISCAL YEAR 2022-23 FIRST QUARTER BUDGET STATUS

UPDATE AND AUTHORIZE BUDGET AMENDMENTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Accept this budget status report on the unaudited results of the first quarter of Fiscal Year (FY) 2022-23.

2. Approve three budget amendments and associated transfers in the Community Services Department Recreation Fund, the Police Department Animal Services division and a Police Department capital project.

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

Department:

Administrative Services
Attachment A - FY 2022-23 First Quarter-General Fund
Proposed Resolution - First Quarter Budget Update
PPT 15.5 2022-23 First Quarter Budget Update(1)
Attachments:

16. HEARINGS**

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

INFORMATIONAL ITEMS

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CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on March 15, 2023 , in compliance with the Brown Act.

Eliza R. Garza, CMC
City Clerk
By: ________________________________

Deputy

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PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. Each speaker is limited to three minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.

The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:

1. e-Comment - follow the e-comment link on the City's agenda page stockton.granicusideas.com/meetings

2. Email - you may email your comments to [email protected]

3. Voicemail - you can leave a voice message by dialing (209) 937-8459.

4. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please redirect any inquiries to [email protected]. b) Address only issues over which the meeting body has jurisdiction. c) Each speaker will be limited to one 3-minute comment opportunity. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached the minutes. All comments received after that time will be forwarded as correspondence the following business day. ***Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members of the City Council present at the meeting to take immediate action, with either a two-thirds or unanimous vote, to place an item on the agenda that action must be taken and that the item came to the attention of the City subsequent to the agenda being posted.

All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are a person with a disability and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8458, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.

Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.

CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may

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be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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13 City of Stockton
Legislation Text
File #: 23-0277, Version: 1

APPROVAL OF CITY COUNCIL MINUTES

RECOMMENDATION
Approve the minutes from the City Council meetings of January 6, 2023, January 10, 2023, January 24, 2023, and February 7, 2023
Attachment A - 2023-01-06 Minutes
Attachment B - 2023-01-10 Minutes
Attachment C - 2023-01-24 Minutes
Attachment D - 2023-02-07 Minutes
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49 City of Stockton
Legislation Text
File #: 23-0060, Version: 1
ACCEPT THE 2023 ANNUAL HEALTH BENEFITS REPORT AND ADOPT THE MONTHLY PREMIUM RATES FOR THE CITY’S HEALTH PLANS FOR 2023-2024

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

1. Accept the 2023 Annual Health Benefits Report for the City’s medical, dental, vision, and fringe benefit plans; and

2. Approve moving to an 18-months renewal changing our benefit enrollment schedule from a fiscal year to a calendar year; and

3. Approve the recommended monthly premium rates for the City’s benefit plans; and

4. Authorize the City Manager or their designee to execute health benefit policies and plans to address the health care needs of the City’s employees.

Summary
Council is being asked to approve the premium rates for employee benefit plans effective July 1, 2023. These premiums are reflected in Attachment B of this Council agenda item. It is important to note that the employer contributions in this report are dependent upon the provisions of the Memoranda of Understanding (MOU) with the various bargaining units and the Unrepresented Management/Confidential and Law Employees Compensation Plan (Unrepresented Compensation Plan).

In addition, Council is being asked to approve moving to an 18-month renewal effective July 1, 2023, through December 31, 2024. This will change our benefit plan year from a fiscal year to a calendar year basis. Benefits of having plans run on a calendar year basis include:
· Plan deductibles/out-of-pocket maximums will align with the calendar year renewal cycle going forward.
· HSA and FSA calendar year deductions/maximums will align with benefit plan year. · Premiums will be locked in for 18 months rather than only 12 months as health care costs continue to trend higher.
· Employees will not be required to complete enrollment renewals until Fall 2024 but will have the option to make changes effective January 2024.

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DISCUSSION
Background
The City of Stockton (City) has undergone significant benefit design and delivery changes to its health plans over the last several years due to strategic and financial decisions, the Affordable Care Act (ACA), and the general change of the benefits marketplace in the Stockton area.

Effective July 1, 2021, the City’s self-insured PPO medical plan was no longer financially sustainable due to the declining enrollment and uncertainty of stop-loss coverage and was terminated and replaced with a fully insured Kaiser POS plan. The current Kaiser PPO plan is cost prohibitive to employees but is included in the City’s renewal report due to an enrollment of a surviving spouse.

This plan is not open to new renewals.

Effective July 1, 2022, the City moved to PRISM for Delta Dental to offer employees a richer plan design at a decreased rate with a 5.7% savings for the City.

Effective July 1, 2022, the City moved to PRISM to consolidate Life Insurance, AD&D, and Long- Term Disability plans. This provided employees with the option to purchase additional voluntary benefits with a 31.8% savings for the City.

Present Situation
During the COVID-19 pandemic, less individuals went to the doctor, and we did not see a significant increase to monthly premiums. Since early 2022, employees are returning to the doctor, dentist, and/or eye doctor. This and high claims have increased our utilization leading to a higher increase to health premiums.

The 2023 Annual Health Benefits Report (Attachment A) was prepared by our Benefit Consultant, Alliant Insurance Services. This report provides a comprehensive review of all plans, benefit breakdowns, and premium rates for the upcoming renewal plan years.

MEDICAL
· Kaiser POS plan premiums increased by 12.1%
· Kaiser PPO plan premiums increased by 12.1%
· Kaiser HDHP plan premiums increased by 5%
· Kaiser HMO plan premiums increased by 11.9%
· Sutter HDHP plan premiums increased by 2.5%
· Sutter HMO plan premiums increased by 7.2%
DENTAL
· Delta Dental Self-Insured PPO rates pass - based on utilization, increase funding rate by

2.82%
· Delta Dental HMO rates increased by 0.7%
VISION
· VSP Self-Insured Rates increased by 4.30%
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Fully Insured Medical Plans
Total employee enrollment for the fully insured plans as of February 15, 2023:

Fully Insured Plan Enrollment as of
Kaiser HMO 572
Kaiser HDHP 219
Kaiser POS 2
Sutter HMO 410
Sutter HDHP 111
Total Enrollment 1314
Health Plan Premiums
The following table shows the monthly health insurance premiums for 2023-24:

Employer Contribution
The employer contribution rates are dependent upon completed MOUs with bargaining units and the Unrepresented Compensation Plan.

The 2022-23 employer contribution rates for non-safety units (SCEA/Unrep, B&C, O&M, T&M, and WS) are:

The 2023-24 employer contribution rates for safety units (Fire, Fire Mgt, SPMA, and SPOA) are:

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OE3’s Health Plan Options
Employees in the OE3 bargaining groups, including the Operations and Maintenance Unit (O&M), Trades and Maintenance Unit (T&M), and the Water Supervisory Unit (WS), have seven (7) additional health plan options available through the Operating Engineers’ Public and Miscellaneous Health and Welfare Trust Fund. Each year on January 1, the OE3 plan rates are established and set by the Board of Trustees of the Operating Engineers’ Public and Miscellaneous Health and Welfare Trust Fund. Employer contribution costs are budgeted and funded through the Health Internal Service Fund (ISF). The administrative cost is $27.55 per employee per month. These fees are included in the employee’s monthly premium. Currently, 24 employees participate in an OE3 plan.

FINANCIAL SUMMARY
Premium cost-sharing is determined by the City and its employees through collective bargaining as approved by Council. The actuary does not set or make cost-sharing recommendations. Cost-sharing with active employees is set by the collective bargaining process and memorialized in the MOUs between the City and the bargaining units. The cost-sharing for the Unrepresented employees is approved by Council and memorialized in the Unrepresented Compensation Plan. Further, the actuary does not determine the plan types or design of employee benefits. The types and design of employee benefits are determined by legal requirements, such as the ACA, and through the applicable collective bargaining process. Alliant considers the plan design, plan requirements, and applicable ACA fees as part of its cost analysis when developing the 2023 Annual Health Benefits Report.

To ensure that the City charges rates that reflect the true cost of health care expenses for employees, staff is submitting the 2023 Annual Health Benefits Report and proposed premium rates for Council approval. Implementation of health plan premium rates that accurately reflect the cost of medical, dental, and vision benefits are critical to the City’s efforts to maintain fiscal sustainability. These premium rates are used to determine the appropriate funding levels for the health plans and establish fair and appropriate rates to charge employees. The projected premium rates will be reflected in the proposed FY 2023-24 Health Internal Service Fund budget.

Attachment A - 2023 Annual Health Benefits Report
Attachment B - Health Premiums Rates
City of Stockton Printed on 3/15/2023Page 4 of 4
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53 Billie Brown
Christine Kerns
Regan Jennings
Benita Lee
2023 – 2024 Renewal Meeting
February 27, 2023
City of Stockton

ATTACHMENT A
54 Agenda
I. Executive Summary
II. Medical Plan Renewal
III. Ancillary Renewals
IV. Contributions
2 ATTACHMENT A
55 Executive Summary
Topic

ATTACHMENT A
56 2023 – 2024 Renewal Results
4 Coverage Carrier Result
Medical Kaiser  18 months:
 HMO: +11.9% (admin fees included)
 HDHP: +5% (admin fees included)
 POS: +12.1% (admin fees included)
 PPO: +12.1% (admin fees included)
Medical Sutter Health Plus  18 months:
 HMO: +7.2% (admin fees included)
 HDHP: +2.5% (admin fees included / includes plan changes) Dental PPO Delta Dental PRISM (Self Funded)  PRISM Delta Dental Fee renewal:
 ASO Fee: 0% (Rate Pass)
 BCC Admin Fee: Increase from $0.60 to $0.75
 Funding Rate Recommendation:
 18 months: +2.82% (admin fees included)
Dental HMO DeltaCare  18 months: +0.7% (admin fees included)

ATTACHMENT A
57 2023 – 2024 Renewal Results, cont.
5 Coverage Carrier Result
Vision VSP
(Self Funded)
 The direct VSP ASO Fee is in a rate guarantee through 6/30/2025  Funding Rate Recommendation:
 18 months: +4.30% (admin fees included)
Basic Life/AD&D
(Management B & C
only)
SunLife  The plan renews on 5/1/2023
 +5% increase to Basic Life; rate pass for Basic AD&D
 24 month guarantee through 4/30/2025
Life/AD&D Lincoln (PRISM)  The Life/AD&D plan is renewing with a rate pass (0%) and a 3 year rate guarantee (through 6/30/2026)
Long Term Disability Lincoln (PRISM)  The Long Term Disability plan is renewing with a rate pass (0%) and a 3 year rate guarantee (through 6/30/2026)
EAP Halcyon  Rate guarantee through 9/30/2025
FSA/HSA/HRA P&A  18 month Renewal:
 The City would need to do a short plan year 6 months) followed by a 12 month renewal to transition to a calendar year plan (no change of fees over this time period)
COBRA APA Benefits  Rate guarantee through 6/30/2024

ATTACHMENT A
58 2023 – 2024 Financial Overview
6 Line of Coverage Current 18-Month
Renewal % ∆
Sutter Health Plus HMO $6,823,761 $7,313,596 7.2%
$1,800 Ded
Sutter Health Plus HDHP $1,672,287 $1,714,717 2.5%
Kaiser HMO $8,765,079 $9,805,971 11.9%
Kaiser POS $36,330 $40,729 12.1%
Kaiser PPO $29,236 $32,774 12.1%
$1,800 Ded
Kaiser HDHP $3,228,362 $3,390,153 5.0%
Delta Dental DHMO $98,891 $99,578 0.7%
Delta Dental DPPO (PRISM) - Self-Funded $1,488,011 $1,530,001 2.8% VSP Vision - Self-Funded $234,500 $244,616 4.3%
Lincoln (PRISM) Basic Life and AD&D $91,296 $91,296 0.0% Lincoln (PRISM) Long Term Disability $292,974 $292,974 0.0% In Rate Guarantee In Rate Guarantee
Halcyon EAP $28,013 $28,013 0.0%
In Rate Guarantee In Rate Guarantee
APA COBRA $12,104 $12,104 0.0%
6-Month Renewal (thru 12/31/2023)
P&A FSA $7,018 $7,018 0.0%
6-Month Renewal (thru 12/31/2023)
P&A Commuter $546 $546 0.0%
6-Month Renewal (thru 12/31/2023)
P&A HSA $9,990 $9,990 0.0%
6-Month Renewal (thru 12/31/2023)
P&A HRA $14,580 $14,580 0.0%
SHP WELLNESS CREDIT $3,000
TOTAL ANNUAL PREMIUM $22,832,978 $24,625,655
ANNUAL DOLLAR CHANGE $1,792,678
ANNUAL PERCENTAGE CHANGE 7.9%

ATTACHMENT A
59 Medical Plan Renewal
Topic

ATTACHMENT A
60 Medical Financial Summary
8 Kaiser Current 18-Month Renewal % ∆
Kaiser HMO $8,765,079 $9,805,971 11.9%
Kaiser POS $36,330 $40,729 12.1%
Kaiser PPO $29,236 $32,774 12.1%
$1,800 Ded
Kaiser HDHP $3,228,362 $3,390,153 5.0%
KAISER ANNUAL PREMIUM $12,059,007 $13,269,627
Sutter Health Plus Current 18-Month Renewal % ∆
SHP HMO $6,823,761 $7,313,596 7.2%
$1,800 Ded
SHP HDHP $1,672,287 $1,714,717 2.5%
SHP WELLNESS CREDIT $3,000
SHP ANNUAL PREMIUM $8,496,048 $9,025,312
TOTAL MEDICAL ANNUAL PREMIUM $20,555,055
ANNUAL PERCENTAGE CHANGE 8.5%
$22,294,939

ATTACHMENT A
61 Plan Considerations
Transitioning from a 7/1 to 1/1 Renewal Cycle
 SHP and Kaiser provided plan options to accom modate a change to a future January 1 future renewal date:
 18-month blended renewal – the plan would run from 7/1/2023 to 12/31/2024  The ACA employer shared responsibility requirements indi cate that there must be an offer of medical coverage (opportunity to enroll) at least once a year, therefore the City will need to offer a passive enrollment for a 1/1/2024 eff date
 No requirement for ancillary plans (dental and vision), however the City would need to incl
ude FSA and HSA in the 1/1/2024 open enrollment
9 ATTACHMENT A
62 Plan Considerations
18 month renewal – Deductible and OOMP Impacts
 Kaiser
o Plan deductibles and out of pocket maximum amounts are currently on a calendar year basis, which woul
d not change with a move to a calendar year plan
 Sutter Health Plus
o The 18 month renewal is based on 18 months of rates, and accruals (deductible/oopm) cannot be greater than 12 months
o Plan deductibles and out of pocket maximum amounts are currently on a plan year basis o The City will change from plan year accumulation (July-June) to calendar (January-December) on 7/1/2023
 SHP system will look at amounts accrued as of 1/1/2023 to 12/31/2023 and would reset 1/1/2024
and accrue 1/1/2024 to 12/31/2024
10 ATTACHMENT A
63 Kaiser Permanente

ATTACHMENT A
64 Kaiser Executive Summary
12 Effective July 1, 2023, Kaiser proposes a renewal rate adjustment of:

Actives  18 months:
 HMO: +11.9% (admin fees included)
 HDHP: +5% (admin fees included)
 POS: +12.1% (admin fees included)
 PPO: +12.1% (admin fees included)
For Kaiser’s 2023-2024
Renewal
 Annual trend decreased from 5.63% to 4.78%
 Pooling point increased from $325,000 to $340,000
Rates are based on the
following Underwriting
factors:
 100% Credibility (City’s utilization)
Health Care Reform
Impacts:
 PCORI fee increased slightly from $0.23 PMPM to $0.25 PMPM Administrative Fees
Included:
 2023/2024 Plan Year Internal HR Admin Fees: $45.47 (EE Only), $81.77 (EE+1), and $109.01 (EE+Family)
 COBRA (self-pay) fees of $0.70 PEPM
Mandatory Plan
Changes
 18 month renewal: the HDHP plan would be required to have a higher deductible ($1,800) to ensure it meets the minimum IRS deductible for the full 2024 calendar year

ATTACHMENT A
65 Kaiser HMO
18 Month Renewal
13 This document is intended as a
quick reference, not a
comprehensive description.

Limitations and exclusions can
be found in the official plan
documents. In case of any
discrepancies, the official plan
documents will govern.

ATTACHMENT A
66 Kaiser HDHP
18 Month Renewal
14 This document is intended as
a quick reference, not a
comprehensive description.

Limitations and exclusions
can be found in the official
plan documents. In case of
any discrepancies, the official
plan documents will govern.

ATTACHMENT A
67 Kaiser POS
18 Month Renewal
15 This document is intended as
a quick reference, not a
comprehensive description.

Limitations and exclusions can
be found in the official plan
documents. In case of any
discrepancies, the official plan
documents will govern.

Enrollment as of November 2022
from Employee Navigator
*Current Rates include the
following:
• City's administrative fees of
$42.88 for Employee only,
$77.19 for Employee plus one,
and $102.91 for Employee plus
family.
• COBRA (self-pay) fees of
$0.70 PEPM
**Renewal Rates include the
following:
• City's administrative fees of
$45.42 for Employee only,
$81.77 for Employee plus one,
and $109.01 for Employee plus
family.
• COBRA (self-pay) fees of
$0.70 PEPM
Additional Footnotes:
1 Certain Durable Medical
Equipment is limited to a
maximum of $2,000 per
accumulation period combined
for services provided by
Participating Providers and Non-
Participating Providers. Certain
Durable Medical Equipment is not
subject to the Deductible nor
contributes to the Out-of-Pocket
Maximum.
2 Generic / Brand
Medical Plan Benefits Kaiser POS Kaiser POS
Current 18-Month Renewal Option
HMO Tier Participating
Provider Tier
Non-
Participating
Prov
ider Tier
HMO Tier Participating
Provider Tier
Non-
Participating
Prov
ider Tier
Plan Year Deductible
Individual / Family None $500 / $1,000 $1,000 / $2,000 None $500 / $1,000 $1,000 / $2,000 Embedded / Aggregate Embedded Embedded
Annual Out-of-Pocket Maximum
Individual / Family $1,500 / $3,000 $3,000 / $6,000 $6,000 / $12,000 $1,500 / $3,000 $3,000 / $6,000 $6,000 / $12,000 Embedded / Aggregate Embedded Embedded
Physician Office Visit $20 $35 (ded waived) 40% $20 $35 (ded waived) 40% Specialist Copay $20 $35 (ded waived) 40% $20 $35 (ded waived) 40% On-line Visit No charge $35 (ded waived) 40% No charge $35 (ded waived) 40% Preventative Care No charge No charge
(ded waived)
40%
(ded waived) No charge No charge
(ded waived)
40%
(ded waived)
Lab and X-Ray
CT, MRI, PET scans No Ch arge $35 (ded waived) 40% No Charge $35 (ded waived) 40% Other lab and x-ray tests No Charge $35 (ded waived) 40% No Charge $35 (ded waived) 40% Hospitalization
Inpatient $250 Copay $250 Copay + 20% $500 Copay + 40% $250 Copay $250 Copay + 20% $500 Copay + 40% Outpatient $100 Copay /
Procedure 20% per procedure 40% per
procedure
$100 Copay /
Procedure 20% per procedure 40% per
procedure
Emergency Room $150 Copay 1 $150 Copay 1
(waived if admitted) (waived if admitted)
Urgent Care Services $20 20% 40% $20 20% 40%
Durable Medical Equipment 1 30% 30% 50% 30% 30% 50%
Chiropractic Care $15 $15 Not Covered $15 $15 Not Covered (combined 30 chiro + acu visits / calendar year) (combined 30 chiro + acu visits / calendar year) Acupuncture Care $15 $15 Not Covered $15 $15 Not Covered (combined 30 chiro + acu visits / calendar year) (combined 30 chiro + acu visits / calendar year) PRESCRIPTION DRUGS Generic Preferred / Generic Non-Preferred / Brand Preferred / Brand Non-Preferred / Specialty
Generic Preferred / Generic Non-Preferred / Brand
Preferred / Brand Non-Preferred / Specialty
Rx Copay Out-of-Pocket Maximum Combined with Medical Com bined with Medical Separate Brand Name Rx Deductible None None
Retail - 30 day supply $10 /$10 / $30 / $30
/ 20% to $250 max
$20 / $50 / $40 / $50
/ 30% to $250 max Not Covered $10 /$10 / $30 / $30
/ 20% to $250 max
$20 / $50 / $40 / $50
/ 30% to $250 max Not Covered
Mail Order - 100 day supply $20 / $60 1 Not Covered Not Covered $20 / $60 2 Not Covered Not Covered RATE GUARANTEE 1 Year
(7/1/2022 - 6/30/2023)
1 Ye
ar and 6 Months
(7/1/2023 - 12/31/2024)
MONTHLY RATES EEs Current 18-Month Renewal Option
EE Only 2 $1,513.76 $1,697.04
EE + 1 0 $2,724.21 $3,054.12
EE + Family 0 $3,632.04 $4,071.91
2 MONTHLY PREMIUM $3,028 $3,394
ANNUAL PREMIUM $36,330 $40,729
ANNUAL DOLLAR CHANGE $4,399
ANNUAL PERCENT CHANGE 12.1%

ATTACHMENT A
68 Kaiser PPO
18 Month Renewal
16 This document is intended
as a quick reference, not a
comprehensive
description. Limitations
and exclusions can be
found in the official plan
documents. In case of any
discrepancies, the official
plan documents will
govern.

Certain Durable Medical
Equipment is not subject to
the Deductible nor
contributes to the Out-of-
Pocket Maximum
Medical Plan Benefits Kaiser PPO Kaiser PPO
Current / Renewal 18-Month Renewal Option
In-Network Out-of-Network In-Network Out-of-Network
Plan Year Deductible
Individual / Family $500 / $1,000 $1,500 / $3,000 $500 / $1,000 $1,500 / $3,000 Embedded / Aggregate Embedded Embedded
Annual Out-of-Pocket Maximum
Individual / Family $3,500 / $7,000 $7,000 / $14,000 $3,500 / $7,000 $7,000 / $14,000 Embedded / Aggregate Embedded Embedded Embedded Embedded Physician Office Visit $20 (ded waived) 40% $20 (ded waived) 40% Specialist Copay $20 (ded waived) 40% $20 (ded waived) 40% On-line Visit $20 (ded waived) 40% $20 (ded waived) 40% Preventative Care No Charge 40% (ded waived) No Charge 40% (ded waived) Lab and X-Ray
CT, MRI, PET scans 20% 40% 20% 40%
Other lab and x-ray tests 20% 40% 20% 40%
Hospitalization
Inpatient $250 Copay / Admit + 20% $500 Copay / Admit + 40% $250 Copay / Admit + 20% $500 Copay / Admit + 40% Outpatient $100 Copay + 20% $150 Copay + 40% $100 Copay + 20% $150 Copay + 40% Emergency Room $150 Copay / Visit + 20% $150 Copay / Visit + 20% (Copay waived if admitted) (Copay waived if admitted)
Urgent Care Services $35 (ded waived) 40% $35 (ded waived) 40% Durable Medical Equipment 1 30% 50% 30% 50%
Chiropractic Care $15 30% $15 30%
(30 visits / calendar year) (30 visits / calendar year) Acupuncture Care $15 30% $15 30%
(30 visits / calendar year) (30 visits / calendar year) PRESCRIPTION DRUGS Generic / Brand / Specialty Generic / Brand / Specialty Rx Copay Out-of-Pocket Maximum Combined with Medical Combined with Medical Separate Brand Name Rx Deductible None None
Retail - 30 day supply $15 / $40 / 30% to $250 max Not Covered $15 / $40 / 30% to $250 max Not Covered Mail Order - 100 day supply $30 / $80 / Not Covered Not Covered $30 / $80 / Not Covered Not Covered RATE GUARANTEE 1 Year
(7/1/2022 - 6/30/2023)
1 Year and 6 Months
(7/1/2023 - 12/31/2024)
MONTHLY RATES EEs Current 18-Month Renewal Option
EE Only 1 $2,436.35 $2,731.16
EE + 1 0 $4,384.88 $4,915.55
EE + Family 0 $5,846.27 $6,553.81
1 MONTHLY PREMIUM $2,436 $2,731
ANNUAL PREMIUM $29,236 $32,774
ANNUAL DOLLAR CHANGE $3,538
ANNUAL PERCENT CHANGE 12.1%

ATTACHMENT A
69 Kaiser - Periodic Utilization Review (PUR)
PMPM by Service Category
17 ATTACHMENT A
70 Experience Period Oct 19 - Sept 20 Exp Period
used in the July 21 Renewal
Aug 20 July 21 Exp Period
9 month PUR
Nov 20 - Oct 21 Exp Period
used in the July 22 Renewal
Aug 21 July 22 Exp Period
9 month PUR
Nov 21 - Oct 22 Exp Period
used in the July 23 Renewal
Average Members 2,363 2,234 2,230 2,194 2,181
Average Age 28.8 29 29.1 29.4 29.3
Inpatient $ PMPM
(Includes Medical, surgical,
maternity, etc.)
$66.09 $79.89 $69.08 $82.22 $133.31
Inpatient $/Day $8,144.05 $10,926.86 $9,679.41 $9,097.32 $13,217.24 Inpatient Average Length of Stay 3.5 Days 2.5 Days 2.5 Days 3.2 Days 4.1 Days Inpatient Days/ 1000 97.4 87.7 85.6 108.5 121.0
Inpatient Admits/ 1000 28 34.9 34.1 34.2 29.8
Outpatient $ PMPM
(Includes outpatient visits, ER,
surgical procedures, lab and
radiology)
$145.90 $161.24 $169.08 $182.12 $186.45
Pharmacy $ PMPM $28.55 $27.96 $30.61 $34.90 $36.60
Other $ PMPM $64.01 $74.01 $74.71 $79.72 $80.00
Total Claims PMPM $304.55 $343.11 $333.93 $378.95 $436.35 High Cost Claimants
1 individual with claims
over $162,500
representing 6.5% of
total claims; claimant at
$513,300.49
None over $170,000
1 individual with claims
over $162,500
representing 2.5% of
total claims; claimant at
$222,119.83
None over $170,000
1 individual with claims
over $170,000
representing 15% of total
claims; claimant at
$1,716,155
Kaiser - Periodic Utilization Review (PUR)
Comparison
18 ATTACHMENT A
71 Sutter Health Plus

ATTACHMENT A
72 Effective July 1, 2023, SHP proposes a renewal rate adjustment of:

Actives  18 months:
 HMO: +6.1% (admin fees included)
 HDHP: +2.5% (admin fees included / includes plan changes) Factors for
SHPs renewal
include:
 Annual trend was 6.8% (no change from 2022 renewal)
Administrative
Fees Included:
 2023/2024 Plan Year Internal HR Admin Fees: $45.47 (EE Only), $81.77 (EE+1), and $109.01 (EE+Family)  COBRA (self-pay) fees of $0.70 PEPM
Wellness
Credit
 SHP provided a $3,000 wellness credit for the 2022-2023 plan year, and they have confirmed this can be carried over to the 2023-2024 plan year.
 It can be used towards the cost of programs, materials, healthy snacks, exercise equipment, incentive programs for challenges
 To use the wellness program credit, submit the request for reimbursement and supporting documentation (e.g., receipts, invoices, etc.) to the SHP Account Manager Jill Kelley at [email protected]
Mandatory
changes
 18 month renewal:
 HDHP Changes:
 The HDHP plan would be required to have a higher deductible ($1,800) to ensure it meets the minimum IRS deductible for the full 2024 calendar year
SHP Executive Summary
20 ATTACHMENT A
73 SHP HMO
18 Month Renewal
21 Enrollment as of November
2022 from Employee
Navigator
*Current Rates include the
following:
• City's administrative fees
of $42.88 for Employee
only, $77.19 for Employee
plus one, and $102.91 for
Employee plus family.
• COBRA (self-pay) fees of
$0.70 PEPM
**Renewal Rates include the
following:
• City's administrative fees
of $45.42 for Employee
only, $81.77 for Employee
plus one, and $109.01 for
Employee plus family.
• COBRA (self-pay) fees of
$0.70 PEPM
This document is
intended as a quick
reference, not a
comprehensive
description. Limitations
and exclusions can be
found in the official plan
documents. In case of
any discrepancies, the
official plan documents
will govern.

Medical Plan Benefits Sutter Health Plus HMO Sutter Health Plus HMO Current 18-Month Renewal Option
Calendar Year Deductible
Individual / Family None None
Annual Out-of-Pocket Maximum
Individual / Family $1,500 / $3,000 $1,500 / $3,000
Embedded / Aggregate Embedded Embedded
Physician Office Visit $20 / Visit $20 / Visit
Telehealth/Virtual Visits $20 / Visit $10 / Visit
Sutter Walk-In Care Visits $20 / Visit $10 / Visit
Specialist Copay $20 / Visit $20 / Visit
Preventative Care No Charge No Charge
Lab and X-Ray
CT, MRI, PET scans No Charge No Charge
Other lab and x-ray tests Lab: $20 /Visit; X-Ray: No Charge Lab: $20 /Visit; X-Ray: No Charge Hospitalization
Inpatient $250 / Admit $250 / Admit
Outpatient $100 / Visit $100 / Visit
Emergency Room $100 / Visit
(Copay waived if admitted)
$100 / Visit
(Copay waived if admitted)
Urgent Care Services $20 / Visit $20 / Visit
Durable Medical Equipment 20% 20%
Infertility 50% 50%
Chiropractic / Acupuncture Care $20 / Visit $20 / Visit Unlimited Visits Unlimited Visits
PRESCRIPTION DRUGS Generic / Brand / Non-Formulary / Specialty Generic / Brand / Non-Formulary / Specialty Rx Copay Out-of-Pocket Maximum Included with Medical Included with Medical Separate Brand Name Rx Deductible None None
Retail - 30 day supply $10 / $30 / $60 / 20% up to $250 max $10 / $30 / $60 / 20% up to $250 max Mail Order - up to 100 day supply $20 / $60 / $120 / Not Covered $20 / $60 / $120 / Not Covered RATE GUARANTEE 1 Year
(7/1/2022 - 6/30/2023)
1 Year and 6 Months
(7/1/2023 - 12/31/2024)
MONTHLY RATES EEs Current 18-Month Renewal Option
EE Only 137 $766.28 $821.32
EE + 1 84 $1,379.59 $1,478.77
EE + Family 189 $1,840.11 $1,972.11
410
MONTHLY PREMIUM $568,647 $609,466
ANNUAL PREMIUM $6,823,761 $7,313,596
ANNUAL DOLLAR CHANGE $489,835
ANNUAL PERCENT CHANGE 7.2%

ATTACHMENT A
74 SHP HDHP
18 Month Renewal
22 Enrollment as of November
2022 from Employee
Navigator
*Current Rates include the
following:
• City's administrative fees
of $42.88 for Employee
only, $77.19 for Employee
plus one, and $102.91 for
Employee plus family.
• COBRA (self-pay) fees of
$0.70 PEPM
**Renewal Rates include the
following:
• City's administrative fees
of $45.42 for Employee
only, $81.77 for Employee
plus one, and $109.01 for
Employee plus family.
• COBRA (self-pay) fees of
$0.70 PEPM
This document is
intended as a quick
reference, not a
comprehensive
description. Limitations
and exclusions can be
found in the official plan
documents. In case of
any discrepancies, the
official plan documents
will govern.

Medical Plan Benefits Sutter Health Plus HDHP Sutter Health Plus HDHP Current 18-Month Renewal Option w/ $1,800 Ded
In-Network In-Network
Calendar Year Deductible
Individual / Family $1,400 / $2,800 $1,800 / $3,000
Embedded / Aggregate Embedded Embedded
Annual Out-of-Pocket Maximum
Individual / Family $2,800 / $2,800 $3,000 / $3,000
Embedded / Aggregate Embedded Embedded
Physician Office Visit No Charge No Charge
Specialist Copay No Charge No Charge
Preventative Care No Charge (ded waived) No Charge (ded waived) Lab and X-Ray
CT, MRI, PET scans No Charge No Charge
Other lab and x-ray tests No Charge No Charge
Hospitalization
Inpatient No Charge No Charge
Outpatient No Charge No Charge
Emergency Room No Charge No Charge
Urgent Care Services No Charge No Charge
Durable Medical Equipment No Charge No Charge
Chiropractic Care Not Covered Not Covered
Acupuncture Care Provided for treatment of nausea or chronic pain only
Provided for treatment of nausea or chronic pain
only
PRESCRIPTION DRUGS Generic / Brand / Non-Formulary / Specialty Generic / Brand / Non-Formulary / Specialty Rx Copay Out-of-Pocket Maximum Combined with Medical Com bined with Medical Rx Deductible Medical Deductible Applies Medical Deductible Applies Retail - 30 day supply $10 / $20 / $35 / No Charge $10 / $20 / $35 / No Charge Mail Order - 100 day supply $20 / $40 / $70 / No Charge $20 / $40 / $70 / No Charge RATE GUARANTEE 1 Year
(7/1/2022 - 6/30/2023)
1 Year and 6 Months
(7/1/2023 - 12/31/2024)
MONTHLY RATES EEs Current 18-Month Renewal Option w/ $1,800 Ded EE Only 35 $678.78 $696.02
EE + 1 20 $1,221.29 $1,252.27
EE + Family 56 $1,628.11 $1,669.41
111
MONTHLY PREMIUM $139,357 $142,893
ANNUAL PREMIUM $1,672,287 $1,714,717
ANNUAL DOLLAR CHANGE $42,430
ANNUAL PERCENT CHANGE 2.5%

ATTACHMENT A
75 SHP Utilization Overview
High Claimants (Sept 2021 – Aug 2022)
23 ATTACHMENT A
76 SHP Utilization Overview
Claim Costs (Sept 2020 – Aug 2022)
24 ATTACHMENT A
77 Ancillary Renewals
Topic

ATTACHMENT A
78 Dental

ATTACHMENT A
79 Dental Renewal Overview
27 The Dental PPO plan is self-insured through PRISM
• Alliant recommends a dental reserve fund of approximately $118,000 to cover one month of claims • Effective 7/1/2023, Alliant’s underwriting analysis for the Dental renewal is as follows:
o 18 month renewal: +2.82%
o The underwriting analysis includes the following:
• Claims through December 2022
• 1.5% Trend
• 3% margin
• The most recent 12 months are weighted 80% for current 12 months and 20% for the prior 12 months o 2023-2024 Administrative Fees:
• Delta Dental ASO: 6.7% of Paid Claims
• BCC Eligibility Fees $0.75 PEPM (increase from $0.60 in 2022/2023) • Program Management Fees $2.00 PEPM
• Internal HR Admin Fees: $4.58 PEPM
The DHMO plan is fully insured with Delta Dental (DeltaCare) • 18 month renewal: Rate Pass (0%); +0.7% with administrative fees

ATTACHMENT A
80 PPO UNDERWRITING FORECAST
Proposed Effective Date July 1, 2023
Proposed Contract Duration (Months) 18
Most Recent Month of Data December 2022 RENEWAL PROJECTION* Period Period 1 Period 2
Beginning Date (Historical Data) Dec 1, 2020 Dec 1, 2021 End Date (Historical Data) Dec 1, 2021 Dec 1, 2022
Months of Data 12 12
Current Premium / Funding Rate PEPM1 $110.64
Paid Claims2 $1,452,135 $1,408,515
Beginning IBNR Reserve ($119,223) ($121,011)
Ending IBNR Reserve $121,011 $117,376
Incurred Claims $1,453,923 $1,404,880
Historical Benefit Design Adjustment Factor 1.000 1.000 Adjusted Incurred Claims $1,453,923 $1,404,880
Annual Subscriber Lives 15,535 14,905
Adjusted Incurred Claims PEPM $93.59 $94.26
Annual Trend 1.5% 1.5%
Applied Trend Factor 1.043 1.028
Trended Claims PEPM $97.62 $96.86
Benefit Change Adjustment Factor 1.000 1.000
Projected Claims PEPM $97.62 $96.86
Period Blending Weight 20.0% 80.0%
Blended Projected Claims $97.02
Margin Adjustment3 3.00% $2.91
Fixed Costs
PRISM Delta Dental Admin Fee 6.70% $6.50
BCC Fee $0.75 $0.75
Program Management Fee $2.00
Additional Admin $4.58
Total Fixed Costs $13.83
Net Required Funding PEPM $113.76
Required Funding Change Percentage 2.82%
Dental Underwriting Analysis
18 Month Renewal
28 1 Current composite funding rate is based
on current period funding rates
2 Paid claims are for the time period
indicated at the top of each column
3 Margin is recommended in order to
provide a higher likelihood that suggested
funding rates are sufficient if actual
claims do not adhere to projections
* Projections are estimates and
do not represent guarantees

ATTACHMENT A
81 Dental PPO (PRISM)
18 Month Renewal
29This document is intended as a quick reference, not a comprehensive description. Limitations and exclusions can be found in the official plan documents. In case of any discrepancies, the official plan documents will govern.

Enrollment as of November
2022 from Employee Navigator
*Current Rates include the
following:
• City’s composite internal
administration fee of $4.98
PEPM
• BCC eligibility fee of $0.60
PEPM and Program
Management Fee of $2.00
PEPM
**Renewal Rates include the
following:
• City’s composite internal
administration fee of $4.58
PEPM
• BCC eligibility fee of $0.75
PEPM and Program
Management Fee of $2.00
PEPM
Dental Plan Benefits Delta Dental DPPO (PRISM) Delta Dental DPPO (PRISM) Delta Dental DPPO (PRISM) ALL - Consolidated ALL - Consolidated ALL - Consolidated Self-Funded - Current Self-Funded - 12-Month Renewal Option Self-Funded - 18-Month Renewal Option Calendar Year Maximum PPO Non -PPO PPO Non-PPO PPO Non-PPO Per Member $1,500 $1,500 $1,500
(D & P does not count towards maximum) (D & P does not count towards maximum) (D & P does not count towards maximum) Calendar Year Deductible
Individual / Family None None None
Diagnostic and Preventive
Oral Exam
X-Rays
Teeth Cleaning
Fluoride Treatment
Basic Services
Sealants
Anesthesia
Periodontics (Gum disease)
Endodontics (Root Canal)
Simple & Surgical Extractions
Major Services
Single Crowns
Inlays, Onlays, Veneers
Dental Implants
Bridges & Dentures
Repair & Maintenance of Bridgework & Dentures
Orthodontics Adult & Child Adult & Child Adult & Child
Benefit Percentage 50% 50% 50%
Lifetime Maximum $2,000 $2,000 $2,000
Out-of-Network Reimbursement Contracted Fees Contracted Fees Contracted Fees

ADMINISTRATION RATE GUARANTEE
1 Year
(7/1/22 - 6/30/23)
1 Year
(7/1/2023 - 6/30/2024)
1 Ye
ar and 6 Months
(7/1/2023 - 12/31/2024)
PRISM Delta Dental Admin Fee 6.7% of Paid Claims 6.7% of Paid Claims 6.7% of Paid Claims BCC
Eligibility and Prog Mgmt Fees $2.60 PEPM $2.75 PEPM $2.75 PEPM MONTHLY RATES EE'S Current 12-Month Renewal Option 18-Month Renewal Option Employee Only 350 $55.20 $56.56 $56.76
Emp
loyee + 1 206 $110.40 $113.12 $113.51
Employee + Family 571 $143.50 $147.03 $147.55
1127
TOTAL MONTHLY PREMIUM $124,001 $127,053 $127,500
TOTAL ANNUAL PREMIUM $1,488,011 $1,524,634 $1,530,001
ANNUAL DOLLAR CHANGE $36,623 $41,991
ANNUAL PERCENT CHANGE 2.5% 2.8%
50%
80%
80%
100% 100%
80%
80%
50%
100%
80%
80%
50%

ATTACHMENT A
82 Delta Dental PPO
Loss Ratio Report
30 Enrollment Premium Cos ts Paid
Month Employees Funding Rate Claims Admin Total Cost L/R 10/20 1,319 $154,119 $148,896 $16,919 $165,815 107.6%
11/20 1,317 $154,003 $105,639 $16,898 $122,537 79.6%
12/20 1,316 $154,214 $117,887 $16,899 $134,786 87.4%
1/21 1,300 $152,172 $129,408 $16,687 $146,095 96.0%
2/21 1,301 $151,799 $112,381 $16,679 $129,060 85.0%
3/21 1,302 $151,844 $128,903 $16,689 $145,592 95.9%
4/21 1,304 $151,867 $137,726 $16,705 $154,431 101.7%
5/21 1,299 $151,706 $111,429 $16,659 $128,088 84.4%
6/21 1,294 $151,254 $122,458 $16,601 $139,059 91.9%
7/21 1,303 $153,973 $132,853 $17,237 $150,090 97.5%
8/21 1,296 $153,622 $99,151 $17,164 $116,315 75.7%
9/21 1,286 $152,779 $131,125 $17,046 $148,171 97.0%
10/21 1,294 $153,586 $113,139 $17,146 $130,285 84.8%
11/21 1,289 $153,247 $116,360 $17,091 $133,451 87.1%
12/21 1,278 $151,819 $117,202 $16,940 $134,142 88.4%
1/22 1,278 $151,327 $94,730 $16,919 $111,649 73.8%
2/22 1,263 $149,723 $112,659 $16,728 $129,387 86.4%
3/22 1,264 $149,442 $146,373 $16,724 $163,097 109.1%
4/22 1,263 $149,044 $112,810 $16,699 $129,509 86.9%
5/22 1,259 $148,799 $111,073 $16,656 $127,729 85.8%
6/22 1,262 $149,197 $137,237 $16,697 $153,935 103.2%
7/22 1,275 $142,027 $96,887 $22,489 $119,375 84.1%
8/22 1,217 $135,603 $112,462 $22,806 $135,268 99.8%
9/22 1,233 $137,126 $123,047 $23,704 $146,751 107.0%
10/22 1,210 $134,190 $92,017 $21,320 $113,337 84.5%
11/22 1,206 $133,516 $94,696 $21,439 $116,135 87.0%
12/22 1,204 $133,207 $114,364 $22,728 $137,092 102.9%
PY 2020-2021 15,690 $1,834,000 $1,434,659 $201,287 $1,635,946 89.2% PY 2021-2022 15,335 $1,816,557 $1,424,713 $203,047 $1,627,760 89.6% 2022-2023 YTD 3,725 $414,756 $332,395 $68,999 $401,394 96.8% Rolling 12 14,934 $1,770,940 $1,393,979 $220,599 $1,614,579 91.2% $0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
$180,000
Monthly Cost

0.0%

20.0%

40.0%

60.0%

80.0%
100.0%
120.0%
Monthly Loss Ratio

ATTACHMENT A
83 DeltaCare DHMO
18 Month Renewal
31This document is intended as a quick reference, not a comprehensive description. Limitations and exclusions can be found in the official plan documents. In case of any discrepancies, the official plan documents will govern.

Enrollment as of November
2022 from Employee
Navigator
*Current Rates include the
City's administrative fees of
$2.28 for Employee only,
$4.40 for Employee plus one,
and $9.60 for Employee plus
family.
**Renewal Rates include the
City's administrative fees of
$2.42 for Employee only,
$4.66 for Employee plus one,
and $10.17 for Employee plus
family.

Dental Plan Benefits DeltaCare DHMO DeltaCare DHMO
Current 18-Month Renewal Option
Diagnostic and Preventive
Office Visit 101 $0 $0
Teeth Cleaning 1110 $0 $0
X-Rays 210 $0 $0
Sealants - per tooth 1351 $10 $10
Restorative
Amalgam Filling 1-3 Surfaces 2140 $0 $0
Composite Filling 2380 $0 $0
Periodontics
Scaling and Root Planning - per quad 4341 $25 $25
Gingivectomy (Per Quadrant) 4210 $130 $130
Osseus Surgery 4260 $280 $280
Endodontics (Root Canal Therapy)
Pulp Cap 3110 $0 $0
Therapeutic Pulpotomy 3220 $0 $0
Root Canal Therapy - (anterior) 3310 $55 $55
Prosthodontics
Immediate - Upper or Lower 5130-40 $165 $165
Complete - Upper or Lower 5110-20 $145 $145
Partial Denture - Upper or Lower 5213-14 $160 $160
Crown and Bridge
Inlay (one surface) 2510 $0 $0
Crown - Porcelain/Ceramic Substrate 2740 $240 $240
Crown - Porcelain Fused to High Noble Metal 2750-52 $140 - $240 $140 - $240 Crown - Full Cast High Noble Metal 2790-92 $150 - $210 $150 - $210 Oral Surgery
Extractions - Impacted tooth: soft tissue 7220 $50 $50
Extractions - Impacted tooth: partial bony 7230 $70 $70 Extractions - Impacted tooth: full bony 7240 $90 $90
Orthodontics - comprehensive
Child to age 19 $1,700 $1,700
Member over age 19 $1,900 $1,900
RATE GUARANTEE 2 Years
(7/1/21 - 6/30/23)
1 Year and 6 Months
(7/1/2023 - 12/31/2024)
MONTHLY RATES EE's Current 18-Month Renewal Option
Employee Only 88 $19.60 $19.74
Employee + 1 37 $37.80 $38.06
Employee + Family 62 $82.54 $83.11
187
TOTAL MONTHLY PREMIUM $8,241 $8,298
TOTAL ANNUAL PREMIUM $98,891 $99,578
ANNUAL DOLLAR CHANGE $687
ANNUAL PERCENT CHANGE 0.7%
ADA
code

ATTACHMENT A
84 Vision

ATTACHMENT A
85 Vision Renewal Overview
33  The VSP plan is currently self-insured directly through VSP  Alliant recommends a vision reserve fund of approximately $12,000 to cover 3 weeks of claims  Effective 7/1/2023, Alliant’s underwriting analysis for the Vision renewal is as follows:
o 18 month renewal: +4.30%
o The underwriting analysis includes the following:
• Claims through January 2023
• 1.0% Trend
• 3% margin
• The most recent 12 months are weighted 50% for current 12 months and 50% for the prior 12 months
• 2023-2024 Administrative Fees:
• VSP ASO: $1.25 PEPM
• Internal HR Admin Fees: $0.75 PEPM

ATTACHMENT A
86 VSP Vision Underwriting Analysis
18 Month Renewal
34 1 Current composite funding rate is based
on current period funding rates
2 Paid claims are for the time period
indicated at the top of each column
3 Margin is recommended in order to
provide a higher likelihood that suggested
funding rates are sufficient if actual
claims do not adhere to projections
* Projections are estimates and
do not represent guarantees

VISION UNDERWRITING FORECAST
Proposed Effective Date July 1, 2023
Proposed Contract Duration (Months) 18
Most Recent Month of Data January 2023 RENEWAL PROJECTION* Period Period 1 Period 2
Beginning Date (Historical Data) Feb 1, 2021 Feb 1, 2022 End Date (Historical Data) Feb 1, 2022 Feb 1, 2023
Months of Data 12 12
Current Premium / Funding Rate PEPM1 $14.91
Paid Claims2 $228,628 $215,296
Beginning IBNR Reserve ($13,059) ($13,190)
Ending IBNR Reserve $13,190 $12,421
Incurred Claims $228,758 $214,526
Historical Benefit Design Adjustment Factor 1.000 1.000 Adjusted Incurred Claims $228,758 $214,526
Annual Subscriber Lives 17,436 16,991
Adjusted Incurred Claims PEPM $13.12 $12.63
Annual Trend 1.0% 1.0%
Applied Trend Factor 1.027 1.017
Trended Claims PEPM $13.47 $12.84
Network Change Adjustment Factor 1.000 1.000
Projected Claims PEPM $13.47 $12.84
Period Blending Weight 50.0% 50.0%
Blended Projected Claims $13.15
Margin Adjustment3 3.00% $0.39
Fixed Costs
Admin Fee - Current $1.25
Additional Admin $0.75
Total Fixed Costs $2.00
Net Required Funding PEPM $15.55
Required Funding Change Percentage 4.30%

ATTACHMENT A
87 VSP Vision
18 Month Renewal
35This document is intended as a quick reference, not a comprehensive description. Limitations and exclusions can be found in the official plan documents. In case of any discrepancies, the official plan documents will govern.

Enrollment as of
November 2022 from
Employee Navigator
*Current Rates
include the
composite internal
administration fee of
$0.72 PEPM
**Proposed Renewal
Rates include the
composite internal
administration fee of
$0.75 PEPM
Vision Plan Benefits VSP Choice Plan VSP Choice Plan
Self-Funded - Current Self-Funded - 18-Month Renewal Option In-Network Out-of-Network In-Network Out-of-Network
Copay
Plan pays
up to: Copay
Plan pays
up to:

Exam $10 $37 $10 $37
Lens
es
Single $20 $34 $20 $34
Bifocal $20 $51 $20 $51
Trifocal $20 $68 $20 $68
Contact Lenses $120 Allowance
(Copay Waived) $100 $120 Allowance
(Copay Waived) $100
Frames $120 Allowance
+ 20% Discount $40 $120 Allowance
+ 20% Discount $40
Frequency of Services
Eye Examination 12 months 12 months
Lens
es 12 months 12 months
Frames 12 months 12 months
Contact Lenses* 12 months 12 months
* In lieu of frames
Administration Rate Guarantee 5 Years
(7/1/2020-6/30/2025)
5 Years
(7/1/2020-6/30/2025)
Admin Fee $1.25 PEPM $1.25 PEPM
MONTHLY RATES EE'S Current (through 6/30/2023) 18-Month Renewal Option (through 12/31/2024) Employee Only 438 $7.60 $7.93
Employee + 1 Dependent 243 $15.22 $15.88
Employee + Family 633 $19.77 $20.62
1314
TOTAL MONTHLY PREMIUM $19,542 $20,385
TOTAL ANNUAL PREMIUM $234,500 $244,616
ANNUAL $ DIFFERENCE $10,116
ANNUAL % DIFFERENCE 4.3%

ATTACHMENT A
88 VSP Vision
Loss Ratio Report
36 Enrollment Premium Costs Paid
Month Employees Funding Rate Claims Admin Total Cost L/R 11/20 1,471 $21,061 $19,984 $2,892 $22,876 108.6%
12/20 1,473 $21,126 $14,681 $2,898 $17,579 83.2%
1/21 1,457 $20,883 $17,678 $2,865 $20,543 98.4%
2/21 1,458 $20,848 $17,910 $2,865 $20,775 99.7%
3/21 1,455 $20,786 $23,269 $2,858 $26,127 125.7%
4/21 1,465 $20,848 $19,173 $2,874 $22,047 105.8%
5/21 1,464 $20,881 $15,262 $2,874 $18,136 86.9%
6/21 1,467 $20,905 $18,470 $2,879 $21,349 102.1%
7/21 1,481 $23,205 $15,880 $2,910 $18,790 81.0%
8/21 1,446 $22,806 $18,434 $2,848 $21,282 93.3%
9/21 1,432 $22,645 $20,600 $2,823 $23,423 103.4%
10/21 1,444 $22,786 $20,854 $2,845 $23,699 104.0%
11/21 1,446 $22,821 $20,672 $2,849 $23,521 103.1%
12/21 1,445 $22,791 $18,023 $2,846 $20,869 91.6%
1/22 1,432 $22,514 $20,081 $2,817 $22,898 101.7%
2/22 1,428 $22,445 $16,564 $2,809 $19,373 86.3%
3/22 1,436 $22,450 $17,686 $2,819 $20,506 91.3%
4/22 1,435 $22,376 $20,884 $2,815 $23,699 105.9%
5/22 1,430 $22,330 $19,101 $2,806 $21,907 98.1%
6/22 1,423 $22,194 $16,692 $2,791 $19,483 87.8%
7/22 1,429 $21,529 $12,798 $2,808 $15,607 72.5%
8/22 1,402 $21,132 $22,262 $2,756 $25,018 118.4%
9/22 1,408 $21,160 $18,596 $2,765 $21,360 100.9%
10/22 1,395 $20,953 $20,841 $2,738 $23,580 112.5%
11/22 1,406 $21,003 $17,806 $2,755 $20,561 97.9%
12/22 1,410 $21,014 $17,952 $2,760 $20,712 98.6%
1/23 1,368 $20,447 $14,113 $2,681 $16,794 82.1%
PY 2020-2021 17,576 $251,423 $228,210 $34,542 $262,752 104.5% PY 2021-2022 17,278 $271,363 $225,471 $33,978 $259,449 95.6% 2022-2023 YTD 9,818 $147,238 $124,369 $19,262 $143,631 97.6% Rolling 12 9,818 $147,238 $124,369 $19,262 $143,631 97.6% $0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
Monthly Cost

0.0%

20.0%

40.0%

60.0%

80.0%
100.0%
120.0%
140.0%
Monthly Loss Ratio

ATTACHMENT A
89 FSA, Commuter HRA and HSA Renewal

ATTACHMENT A
90 FSA, HRA and HSA Plan Considerations
18 month renewal
 FSA and Commuter Considerations
o When changing ongoing eff. dates from a fiscal year plan to a calendar year plan, the FSA would initially have a shor
t plan year from 7/1/2023 to 12/31/2023, and then a full 12 month plan year beginning 1/1/2024  Note: The IRS does not allow an 18 month renewal
o The short plan year would have prorated maximum elections  Note: The DCAP is not required to be prorated for the short plan year, however it is recommended that the City prorate as emplo
yees cannot exceed the $5,000 calendar year maximum (otherwise this could be difficult to monitor) o The City would be required to allow for another open enrollment for the 1/1/2024 plan year o Although P&A would not change the fee on 1/1/2024, there would be a $250 fee to amend the plan document
s
 HRA Considerations
o The PCORI fee applies for short plan years
o Therefore, the City would need to do a short plan year PCORI fee filing prorating the fee for the short plan year o As with a standard plan year, the PCORI filing due date is July 31 of the year following the last day of the short plan
year
 HSA Considerations
o The maximum HSA contribution must be in proportion to the number of months the member was covered by the HD
HP (for example, if the member is only enrolled for 6 months, they would prorate contributions by 6 months; if enrolled for the full year, they could make a full year of contributions) 38 ATTACHMENT A
91 P&A FSA
39 FSA P&A FSA P&A FSA P&A FSA
Plan Benefits Current 12-Month Renewal Option 6-Month Renewal Option General Information
Debit Card Included Included Included
Direct Deposit Included Included Included
Online Account Access Included Included Included
Plan Document Creation and Modification
Plan Document and Summary Plan
Description (SPD) Included Included Included
Current Participant Count
Unique FSA Participants
(HCFSA Only, DCFSA Only or HCFSA and DCFSA) 172 172 172

RATE GUARANTEE
1 Year
(7/1/2022 - 6/30/2023)
1 Year
(7/1/2023 - 6/30/2024)
6 Months
(7/1/2023 - 12/31/2023)
FEES Current 12-Month Renewal Option 6-Month Renewal Option 1 Annual Fee N/A N/A N/A
Amendment Fee N/A $250 $250
Monthly Administration Fee (PPPM)1 $3.40 $3.40 $3.40
FIRST YEAR FEE $7,018 $7,268 $7,268
ANNUAL FEES $7,018 $7,018 $7,018
ANNUAL $ DIFFERENCE $0 $0
ANNUAL % DIFFERENCE 0.0% 0.0%
Enrollment as of November 2022 from P&A
1 An 18 month renewal is not allowable by the IRS. In order to change to a 1/1 renewal, the City would need to run a short plan year from 7/1-12/31. They would then renew again on 1/1 and continue with a 1/1 plan renewal moving forward. This would require a plan amendment (+$250 amendment fee). Please note the 7/1-12/31/23 plan year would have prorated maximum elections and all eligible employees must be given the opportunity to sign up for both 7/1 and again for 1/1 (2 open enrollment periods).

This document is intended as a quick reference, not a comprehensive description. Limitations and exclusions can be found in the official plan documents. In case of any discrepancies, the official plan documents will govern.
1Employees participating in both the Health Care FSA (HCFSA) anf Dependent Care FSA (DCFSA) will be counted as one participant

ATTACHMENT A
92 P&A Commuter Benefits
40 Commuter Plan P&A Commuter P&A Commuter P&A Commuter Plan Benefits Current 12-Month Renewal Option 6-Month Renewal Option General Information
Debit Card Included Included Included
Current Participant Count
Commuter Participants 14 14 14

RATE GUARANTEE
1 Year
(7/1/2022 - 6/30/2023)
1 Year
(7/1/
2023 - 6/30/2024)
6 Months
(7/1/2023 - 12/31/2023)
FEES Current 12-Month Renewal Option 6-Month Renewal Option 1 Annual Fee N/A N/A N/A
Monthly Administration Fee (PPPM) $3.25 $3.25 $3.25
FIRST YEAR FEES $546 $546 $546
ANNUAL FEES $546 $546 $546
ANNUAL $ DIFFERENCE $0 $0
ANNUAL % DIFFERENCE 0.0% 0.0%
Enrollment as of November 2022 from P&A
1 An 18 month renewal is not allowable by the IRS. In order to change to a 1/1 renewal, the City would need to run a short plan year from 7/1-12/31. They would then renew again on 1/1 and continue with a 1/1 plan renewal moving forward. Please note the 7/1-12/31/23 plan year would have prorated maximum elections and all eligible employees must be given the opportunity to sign up for both 7/1 and aga
in for 1/1 (2 open enrollment periods).

ATTACHMENT A
93 P&A HSA
41 HSA P&A HSA P&A HSA P&A HSA
Plan Benefits Current 12-Month Renewal Option 6-Month Renewal Option Core Services
Debit Cards Included Included Included
Current Participant Count
Participants 333 333 333

RATE GUARANTEE
1 Year
(7/1/2022 - 6/30/2023)
1 Year
(7/1/2023 - 6/30/2024)
6 Months
(7/1/2023 - 12/31/2023)
FEES Current 12-Month Renewal Option 6-Month Renewal Option 1 Annual Fee N/A N/A N/A
Monthly Administration Fee (PPPM) $2.50 $2.50 $2.50
FIRST YEAR FEES $9,990 $9,990 $9,990
ANNUAL FEES $9,990 $9,990 $9,990
ANNUAL $ DIFFERENCE $0 $0
ANNUAL % DIFFERENCE 0.0% 0.0%
Enrollment as of November 2022 from P&A
1 An 18 month renewal is not allowable by the IRS. In order to change to a 1/1 renewal, the City would need to run a short plan year from 7/1-12/31. They would then renew again on 1/1 and continue with a 1/1 plan renewal moving forward. Please note the 7/1-12/31/23 plan year would have prorated maximum elections and all eligible employees must be given the opportunity to sign up for both 7/1 and again for 1/1 (2 open enrollment periods).

ATTACHMENT A
94 P&A HRA
42 HRA P&A HRA P&A HRA P&A HRA
Plan Benefits Current 12-Month Renewal Option 6-Month Renewal Option Core Services
Debit Cards Included Included Included
Current Participant Count
Participants 270 270 270

RATE GUARANTEE
1 Year
(7/1/2022 - 6/30/2023)
1 Year
(7/1/
2023 - 6/30/2024)
6 Months
(7/1/2023 - 12/31/2023)
FEES Current 12-Month Renewal Option 6-Month Renewal Option 1 Annual Fee N/A N/A N/A
Amen
dment Fee N/A $250 $250
Monthly Administration Fee (PPPM) $4.50 $4.50 $4.50
FIRST YEAR FEES $14,580 $14,830 $14,830
ANNUAL FEES $14,580 $14,580 $14,580
ANNUAL $ DIFFERENCE $0 $0
ANNUAL % DIFFERENCE 0.0% 0.0%
Enrollment as of November 2022 from P&A
1 An 18 month renewal is not allowable by the IRS. In order to change to a 1/1 renewal, the City would need to run a short plan year from 7/1-12/31. They would then renew again on 1/1 and continue with a 1/1 plan renewal moving forward. This would require a plan amendment (+$250 amendment fee). Please note the 7/1-12/31/23 plan year would have prorated maximum elections and all eligible emp
loyees must be given the opportunity to sign up for both 7/1 and again for 1/1 (2 open enrollment periods).

ATTACHMENT A
95 All Other Renewals

ATTACHMENT A
96 SunLife Basic Life / AD&D
Management B & C Employees Group – 5/1/2023 Renewal
44 Basic Life:
+5%
increase
Basic AD&D:

Rate Pass
24 month
rate
guarantee

ATTACHMENT A
97 Lincoln (PRISM) Basic Life / AD&D
45 Basic Life and AD&D Lincoln (PRISM)
Plan Benefits Current / Renewal
Class 1
All Full-Time members classified as Mayor, City Manager, Unrepresented Department Heads, City Attorney
Executives, Represented Mid-Management Members,
Unr
epresented Mid-Management Members, City Attorney
Professionals, Police Management and Operations and
Maintenance Unit Members, Represented Supervisors,
Unrepresented Supervisors, Unrepresented Confidential
Members, City Attorney Support Personnel, Water
Supervisory Unit Members working 40 hours per week
Class 2
All Full-Time members classified as Fire Management,
Sworn Fire Members, Sworn Police Members,
Administrative and Clerical Unit Members, Professional
and T
echnical Unit Members and Trades and
Maintenance Unit Members working 40 hours per week
Life Benefits: Class 1
Life Benefits: Class 2 $50,000
AD&D Benefits: Class 1 Equal to Life Benefit
AD&D Benefits: Class 2 Not Covered
Guaranteed Issue Amount
Age Reduction
70 35%
75 50%
Reti
rement 100%
Accelerated Death Benefit Included
Waiver of Premium Included
Seat Belt Provision (AD&D)
Air B
ag Provision (AD&D)
Portability Included

RATE GUARANTEE
1 Year
(7/1/2022 - 6/30/2023)
3 Years
(7/1/
2023 - 6/30/2026)
MONTHLY RATES Current Renewal
Class 1 Volume $20,150,000
Class 2 Volume $51,900,000
Basic Life Rate per $1,000 $0.100 $0.100
Basic AD&D Rate per $1,000 $0.020 $0.020
Combined Rate $0.120 $0.120
MONTHLY PREMIUM $7,608 $7,608
ANNUAL PREMIUM $91,296 $91,296
ANNUAL $ DIFFERENCE $0
ANNUAL % DIFFERENCE 0.0%
Volume as of November 2022 from Employee Navigator
Included
This document is intended as a quick reference, not a comprehensive description. Limitations and exclusions can be found in the official plan documents. In case of any discrepancies, the official plan documents will govern.

Benefit Reduction Formula
$50,000
$50,000
Included

ATTACHMENT A
98 Lincoln (PRISM) Voluntary Life
46 Voluntary Life Lincoln (PRISM)
Plan Benefits Current / Renewal
Eligibility
Employee Life Benefit
Maximum Lesser of 5 times BAE or $500,000
Minimum $10,000
Increments of: $10,000
Guaranteed Issue Amount $300,000
Spouse Life Benefit
Maximum Lesser of 50% of EE amount or $100,000
Minimum $5,000
Increments of: $5,000
Guaranteed Issue Amount $30,000
Spouse Rate Basis Based on spouse's age as of their last birthday Dependent Child(ren) Life Benefit
Maximum
Under 15 days old: $500
6 months and older: $10,000
Minimum $1,000
Increments of: $1,000
Guaranteed Issue Amount $10,000
Waiver of Premium Included
AD&D Benefit Equal to Life Benefit
Portability Included

RATE GUARANTEE
1 Year
(7/1/2022 - 6/30/2023)
3 Years
(7/1/2023 - 6/30/2026)
MONTHLY RATES Current Renewal
Monthly Rates per $1,000 Employee
Rates
Spouse
Rates
Employee
Rates
Spouse
Rates
Under age 30 $0.060 $0.080 $0.060 $0.080
Age 30-39 $0.090 $0.120 $0.090 $0.120
Age 40-49 $0.150 $0.250 $0.150 $0.250
Age 50-59 $0.430 $0.740 $0.430 $0.740
Age 60-69 $1.270 $2.350 $1.270 $2.350
Age 70+ $2.060 $4.350 $2.060 $4.350
Dependent Child(ren) Rates per $1,000 $0.232 $0.232
Emp
loyee AD&D $0.028 $0.028
Spouse AD&D $0.021 $0.021
Child AD&D $0.055 $0.055
This document is intended as a quick reference, not a comprehensive description. Limitations and exclusions can be found in the official plan documents. In case of any discrepancies, the official plan documents will govern.

All full-time employees working 40 hours per week

ATTACHMENT A
99 Lincoln (PRISM) Long Term Disability
47 Long Term Disability Lincoln (PRISM) LTD
Plan Benefits Current / Renewal
Eligibility:

Class 1:

Assistant City Manager, Chief Financial Officer, Chief of Police, City Attorney, City Manager, Deputy Chief of
Police II, Deputy City Manager II, Director of Municpal Utilities and Director of Public Works working 40 hours per week
Class 2: All Other Full-Time Employees working 40 hours per week Elimination Period 90 Days
Monthly Benefit Percentage 66.67%
Maximum Monthly Benefit
Class 1:

Class 2:
$14,000
$10,000
Own Occupation Definition 24 Months
Disability Earnings Test Basic Annual Income including commissions, excluding overtime and bonuses
Definition of Disability Own Occupation
Mental Health/Substance Abuse
Limit 24 Months
Maximum Benefit Duration Later of age 65 or SSNRA
Pre-Existing Condition 3/12

RATE GUARANTEE
1 Year
(7/1/2022 - 6/30/2023)
3 Years
(7/1/2023 - 6/30/2026)
MONTHLY RATES Current Renewal
Covered Payroll Volume $5,812,983
Rate per $100 of Covered Payroll $0.420 $0.420
MONTHLY PREMIUM $24,415 $24,415
ANNUAL PREMIUM $292,974 $292,974
ANNUAL $ DIFFERENCE $0
ANNUAL % DIFFERENCE 0.0%
Volume as of November 2022 from Employee Navigator
This document is intended as a quick reference, not a comprehensive description. Limitations and exclusions can be found in the official plan documents. In case of any discrepancies, the official plan documents will govern.

ATTACHMENT A
100
Halcyon EAP
48 EAP Halcyon EAP
Pla
n Benefits Current
Sessions
All Other 3 Sessions every 6 months1
First Responder N/A
Digital Capabilities
Digital Platforms Web Portal, eConnect mobile app, and
textcoach text therapy
Telephonic Included
Video Included
Text Included
Employee Services
Legal Included
Financial Included
Depen
dent Care Included
Employer Services
Management Consultations Unlimited
CISD Seminar(s) Unlimited
Onsite Orientations 10 Hours
Add-On
Coaching N/A

RATE GUARANTEE
5 Years
(10/1/2020 - 9/30/2025)
MONTHLY RATES EE's Current
Per Employee Per Month 1441 $1.62
MONTHLY PREMIUM $2,334
ANNUAL PREMIUM $28,013
Employee Count as of November 2022 from Employee Navigator This document is intended as a quick reference, not a comprehensive description. Limitations and exclusions can be found in the official plan documents. In case of any discrepancies, the official plan doc
uments will govern.

ATTACHMENT A
101

APA COBRA
49 COBRA APA COBRA
Plan Benefits Current
Core Services
Eligibility updates to Carrier or TPA Included
Optional Services
Open Enrollment Packets Included
Current Participant Count
COBRA eligible employees 1441

RATE GUARANTEE
5 Years
(7/1/2020 - 6/30/25)
FEES Current
Annual Fee N/A
Monthly Administration Fee (PEPM) $0.70
FIRST YEAR FEES $12,104
ANNUAL FEES $12,104
ANNUAL $ DIFFERENCE $0
ANNUAL % DIFFERENCE 0.0%
Employee Count as of November 2022 from Employee Navigator This document is intended as a quick reference, not a comprehensive description.

Limitations and exclusions can be found in the official plan documents. In case of any disc
repancies, the official plan documents will govern.

ATTACHMENT A
102
Contributions

ATTACHMENT A
103
Contributions (Fire Mgt, Fire, SPMA, and SPOA) – 18 months 51 Employee Contributions Current Current 18- Month Renewal Option Proposed Monthly Contributions Per Paycheck Monthly Contributions Per Paycheck Total ER Cost EE Cost EE Cos t Total ER Cost EE Cost EE Cost Sutter Health HMO, DHMO, and Vision Lives
EE Only 16 $793.48 $697.00 $96.48 $48.24 $848.99 $711.00 $137.99 $68.99 EE + 1 4 $1,432.61 $1,265.00 $167.61 $83.81 $1,532.71 $1,290.00 $242.71 $121.36 EE + Family 6 $1,942.42 $1,685.00 $257.42 $128.71 $2,075.84 $1,719.00 $356.84 $178.42 Annual Premium 26 $360,968 $315,864 $45,104 $22,552 $386,037 $322,200 $63,837 $31,918 Sutter Health HMO, DPPO, and Vision Lives
EE Only 39 $829.08 $697.00 $132.08 $66.04 $886.01 $711.00 $175.01 $87.50 EE + 1 17 $1,505.21 $1,265.00 $240.21 $120.11 $1,608.16 $1,290.00 $318.16 $159.08 EE + Family 84 $2,003.38 $1,685.00 $318.38 $159.19 $2,140.28 $1,719.00 $421.28 $210.64 Annual Premium 140 $2,714,479 $2,282,736 $431,743 $215,872 $2,900,120 $2,328,660 $571,460 $285,730 Sutter Health HDHP, DHMO, and Vision Lives $1,800 Deductible EE Only 3 $705.98 $697.00 $8.98 $4.49 $723.69 $711.00 $12.69 $6.34 EE + 1 1 $1,274.31 $1,265.00 $9.31 $4.66 $1,306.21 $1,290.00 $16.21 $8.11 EE + Family 2 $1,730.42 $1,685.00 $45.42 $22.71 $1,773.14 $1,719.00 $54.14 $27.07 Annual Premium 6 $82,237 $80,712 $1,525 $763 $84,283 $82,332 $1,951 $975 Sutter Health HDHP, DPPO, and Vision Lives $1,800 Deductible EE Only 8 $741.58 $697.00 $44.58 $22.29 $760.71 $711.00 $49.71 $24.86 EE + 1 4 $1,346.91 $1,265.00 $81.91 $40.96 $1,381.66 $1,290.00 $91.66 $45.83 EE + Family 23 $1,791.38 $1,685.00 $106.38 $53.19 $1,837.58 $1,719.00 $118.58 $59.29 Annual Premium 35 $630,264 $592,692 $37,572 $18,786 $646,520 $604,620 $41,900 $20,950

ATTACHMENT A
104
Contributions (Fire Mgt, Fire, SPMA, and SPOA) – 18 months 52 Employee Contributions Current Current 18-Month Renewal Option Pro posed Monthly Contributions Per Paycheck Monthly Contributions Per Paycheck Total ER Cost EE Cost EE Cost Total E R Cost EE Cost EE Cost Kaiser HMO, DHMO, and Vision Lives
EE Only 17 $743.47 $697.00 $46.47 $23.24 $828.96 $711.00 $117.96 $58.98 EE + 1 4 $1,341.75 $1,265.00 $76.75 $38.38 $1,495.71 $1,290.00 $205.71 $102.86 EE + Family 12 $1,820.37 $1,685.00 $135.37 $67.69 $2,025.85 $1,719.00 $306.85 $153.43 Annual Premium 33 $478,205 $445,548 $32,657 $16,329 $532,624 $454,500 $78,124 $39,062 Kaiser HMO, DPPO and Vision Lives
EE Only 61 $779.07 $697.00 $82.07 $41.04 $865.98 $711.00 $154.98 $77.49 EE + 1 18 $1,414.35 $1,265.00 $149.35 $74.68 $1,571.16 $1,290.00 $281.16 $140.58 EE + Family 102 $1,881.33 $1,685.00 $196.33 $98.17 $2,090.29 $1,719.00 $371.29 $185.65 Annual Premium 181 $3,178,527 $2,845,884 $332,643 $166,321 $3,531,783 $2,903,148 $628,635 $314,317 Kaiser HDHP, DHMO, and Vision Lives $1,800 Deductible
EE Only 4 $660.25 $660.25 $0.00 $0.00 $692.43 $692.43 $0.00 $0.00 EE + 1 3 $1,191.96 $1,191.96 $0.00 $0.00 $1,249.96 $1,249.96 $0.00 $0.00 EE + Family 3 $1,620.66 $1,620.66 $0.00 $0.00 $1,698.18 $1,698.18 $0.00 $0.00 Annual Premium 10 $132,946 $132,946 $0 $0 $139,370 $139,370 $0 $0 Kaiser HDHP, DPPO, and Vision Lives $1,800 Deductible
EE Only 19 $695.85 $695.85 $0.00 $0.00 $729.45 $711.00 $18.45 $9.22 EE + 1 4 $1,264.56 $1,264.56 $0.00 $0.00 $1,325.41 $1,290.00 $35.41 $17.71 EE + Family 61 $1,681.62 $1,681.62 $0.00 $0.00 $1,762.62 $1,719.00 $43.62 $21.81 Annual Premium 84 $1,450,299 $1,450,299 $0 $0 $1,520,172 $1,482,336 $37,836 $18,918 Kaiser POS, DHMO, and Vision Lives
EE Only 0 $1,540.96 $697.00 $843.96 $421.98 $1,724.71 $711.00 $1,013.71 $506.86 EE + 1 0 $2,777.23 $1,265.00 $1,512.23 $756.12 $3,108.06 $1,290.00 $1,818.06 $909.03 EE + Family 0 $3,734.35 $1,685.00 $2,049.35 $1,024.68 $4,175.64 $1,719.00 $2,456.64 $1,228.32 Annual Premium 0 $0 $0 $0 $0 $0 $0 $0 $0
Kaiser POS, DPPO, and Vision Lives
EE Only 1 $1,576.56 $697.00 $879.56 $439.78 $1,761.73 $711.00 $1,050.73 $525.37 EE + 1 0 $2,849.83 $1,265.00 $1,584.83 $792.42 $3,183.51 $1,290.00 $1,893.51 $946.76 EE + Family 0 $3,795.31 $1,685.00 $2,110.31 $1,055.16 $4,240.08 $1,719.00 $2,521.08 $1,260.54 Annual Premium 1 $18,919 $8,364 $10,555 $5,277 $21,141 $8,532 $12,609 $6,304 TOTAL 516 $9,046,844 $8,155,045 $891,799 $445,899 $9,762,049 $8,325,698 $1,436,351 $718,175 Change from current - $ $715,205 $170,653 $544,552
Change from current - % 7.9% 2.1% 61.1%

ATTACHMENT A
105
Contributions (SCEA/UNREP, B&C, O&M, T&M, and WS) – 18 months 53 Employee Contributions Current Current 18- Month Renewal Option Proposed Monthly Contributions Per Paycheck Monthly Contributions Per Paycheck Total ER Cost EE Cost EE Cos t Total ER Cost EE Cost EE Cost Sutter Health HMO, DHMO, and Vision Lives
EE Only 11 $793.48 $697.00 $96.48 $48.24 $848.99 $697.00 $151.99 $75.99 EE + 1 7 $1,432.61 $1,265.00 $167.61 $83.81 $1,532.71 $1,265.00 $267.71 $133.86 EE + Family 16 $1,942.42 $1,685.00 $257.42 $128.71 $2,075.84 $1,685.00 $390.84 $195.42 Annual Premium 34 $598,023 $521,784 $76,239 $38,120 $639,376 $521,784 $117,592 $58,796 Sutter Health HMO, DPPO, and Vision Lives
EE Only 71 $829.08 $697.00 $132.08 $66.04 $886.01 $697.00 $189.01 $94.50 EE + 1 56 $1,505.21 $1,265.00 $240.21 $120.11 $1,608.16 $1,265.00 $343.16 $171.58 EE + Family 83 $2,003.38 $1,685.00 $318.38 $159.19 $2,140.28 $1,685.00 $455.28 $227.64 Annual Premium 210 $3,713,244 $3,122,184 $591,060 $295,530 $3,967,283 $3,122,184 $845,099 $422,549 Sutter Health HDHP, DHMO, and Vision Lives $1,800 Deductible EE Only 7 $705.98 $697.00 $8.98 $4.49 $723.69 $697.00 $26.69 $13.35 EE + 1 2 $1,274.31 $1,265.00 $9.31 $4.66 $1,306.21 $1,265.00 $41.21 $20.61 EE + Family 4 $1,730.42 $1,685.00 $45.42 $22.71 $1,773.14 $1,685.00 $88.14 $44.07 Annual Premium 13 $172,946 $169,788 $3,158 $1,579 $177,250 $169,788 $7,462 $3,731 Sutter Health HDHP, DPPO, and Vision Lives $1,800 Deductible EE Only 17 $741.58 $697.00 $44.58 $22.29 $760.71 $697.00 $63.71 $31.86 EE + 1 13 $1,346.91 $1,265.00 $81.91 $40.96 $1,381.66 $1,265.00 $116.66 $58.33 EE + Family 27 $1,791.38 $1,685.00 $106.38 $53.19 $1,837.58 $1,685.00 $152.58 $76.29 Annual Premium 57 $941,807 $885,468 $56,339 $28,170 $966,100 $885,468 $80,632 $40,316

ATTACHMENT A
106
Contributions (SCEA/UNREP, B&C, O&M, T&M, and WS) – 18 months 54 Employee Contributions Current Current 18- Month Renewal Option Proposed Monthly Contributions Per Paycheck Monthly Contributions Per Paycheck Total ER Cost EE Cost EE Cos t Total ER Cost EE Cost EE Cost Kaiser HMO, DHMO, and Vision Lives
EE Only 23 $743.47 $697.00 $46.47 $23.24 $828.96 $697.00 $131.96 $65.98 EE + 1 13 $1,341.75 $1,265.00 $76.75 $38.38 $1,495.71 $1,265.00 $230.71 $115.36 EE + Family 17 $1,820.37 $1,685.00 $135.37 $67.69 $2,025.85 $1,685.00 $340.85 $170.43 Annual Premium 53 $785,866 $733,452 $52,414 $26,207 $875,397 $733,452 $141,945 $70,973 Kaiser HMO, DPPO and Vision Lives
EE Only 105 $779.07 $697.00 $82.07 $41.04 $865.98 $697.00 $168.98 $84.49 EE + 1 72 $1,414.35 $1,265.00 $149.35 $74.68 $1,571.16 $1,265.00 $306.16 $153.08 EE + Family 128 $1,881.33 $1,685.00 $196.33 $98.17 $2,090.29 $1,685.00 $405.29 $202.65 Annual Premium 305 $5,093,349 $4,559,340 $534,009 $267,005 $5,659,302 $4,559,340 $1,099,962 $549,981 Kaiser HDHP, DHMO, and Vision Lives $1,800 Deductible
EE Only 7 $660.25 $660.25 $0.00 $0.00 $692.43 $692.43 $0.00 $0.00 EE + 1 3 $1,191.96 $1,191.96 $0.00 $0.00 $1,249.96 $1,249.96 $0.00 $0.00 EE + Family 2 $1,620.66 $1,620.66 $0.00 $0.00 $1,698.18 $1,685.00 $13.18 $6.59 Annual Premium 12 $137,267 $137,267 $0 $0 $143,919 $143,603 $316 $158 Kaiser HDHP, DPPO, and Vision Lives $1,800 Deductible
EE Only 28 $695.85 $695.85 $0.00 $0.00 $729.45 $697.00 $32.45 $16.23 EE + 1 22 $1,264.56 $1,264.56 $0.00 $0.00 $1,325.41 $1,265.00 $60.41 $30.21 EE + Family 63 $1,681.62 $1,681.62 $0.00 $0.00 $1,762.62 $1,685.00 $77.62 $38.81 Annual Premium 113 $1,838,954 $1,838,954 $0 $0 $1,927,544 $1,842,012 $85,532 $42,766 Kaiser POS, DHMO, and Vision Lives
EE Only 0 $1,540.96 $697.00 $843.96 $421.98 $1,724.71 $697.00 $1,027.71 $513.86 EE + 1 0 $2,777.23 $1,265.00 $1,512.23 $756.12 $3,108.06 $1,265.00 $1,843.06 $921.53 EE + Family 0 $3,734.35 $1,685.00 $2,049.35 $1,024.68 $4,175.64 $1,685.00 $2,490.64 $1,245.32 Annual Premium 0 $0 $0 $0 $0 $0 $0 $0 $0
Kaiser POS, DPPO, and Vision Lives
EE Only 1 $1,576.56 $697.00 $879.56 $439.78 $1,761.73 $697.00 $1,064.73 $532.37 EE + 1 0 $2,849.83 $1,265.00 $1,584.83 $792.42 $3,183.51 $1,265.00 $1,918.51 $959.26 EE + Family 0 $3,795.31 $1,685.00 $2,110.31 $1,055.16 $4,240.08 $1,685.00 $2,555.08 $1,277.54 Annual Premium 1 $18,919 $8,364 $10,555 $5,277 $21,141 $8,364 $12,777 $6,388 TOTAL 798 $13,300,376 $11,976,602 $1,323,775 $661,887 $14,377,311 $11,985,995 $2,391,317 $1,195,658 Change from current - $ $1,076,935 $9,393 $1,067,542
Change from current - % 8.1% 0.1% 80.6%

ATTACHMENT A
107
Disclosures
55 Alliant embraces a policy of transparency with respect to its compensation from insurance transactions. Details on our compensation policy, including the types of income that Alliant may earn on a placement, are available on our website at www.alliant.com. For a copy of our policy or for any inquiries regarding compensation issues pertaining to your account you may also contact us at: Alliant Insurance Services, Inc., Attention: General Counsel, 701 B Street, 6th Floor, San Diego, CA 92101.

Analyzing insurers' over-all performance and financial strength is a task that requires specialized skills and in-depth technical understanding of all aspects of insurance company finances and operations. Insurance brokerages such as Alliant typically rely upon rating agencies for this type of market analysis. A.M. Best has been an industry leader in this area for many decades, utilizing a combination of quantitative and qualitative analysis of the information available in formulating their ratings.

Alliant’s standard protocol is to only place coverage with carriers with no less than an “A-”- rating from A.M. Best. However, where Alliant determines that it is prudent to consider coverage with a lower rated carrier, the financial rating of the carrier is to be disclosed to the client. Should Alliant becomes aware of a carrier’s rating dropping below “A-“ mid-policy period we will review and advise you of the situation and consider if an alternative carrier can be reasonably provided prior to renewal.

A.M. Best has an extensive database of nearly 6,000 Life/Health, Property Casualty and International companies. You can visit them at www.ambest.com . Ratings
for Carriers included in this presentation are:

Carrier A.M. Best Carrier A.M. Best Kaiser NR Halcyon NR
Sutter Health NR APA NR
Delta Dental A P&A NR
VSP A-
Lincoln A
Plans are rates presented are generally effective July 1, 2022 through June 30, 2023 Rates quoted assume current employer contribution levels and participation levels unless otherwise stated. Final rates will be based on final enrollment underwriting.

Updated claims experience or other information may be required to finalize rates. If group demographics, enrollment levels or employer contributions change, rates may change or the quote may be withdrawn.

In general, employees must be actively act work on the effective date of the plan. When implementing new coverage, employees who are not actively at work will not be covered under the plan until they return to active state. It may be possible to waive the actively at work provision.

This proposal should not be interpreted as inclusive of all plan provisions and limitations. For further details, refer to the insurance carrier proposals and carrier plan documents. Benefit coverage and eligibility provisions for fully insured health plans may vary from state to state, based on state mandates. Illustrated enrollment is based on the information provided (employee census, current premium statement and or carrier renewal).

Coverage is not in effect until it is approved by the insurance carrier’s underwriter.

ATTACHMENT A
108
© 2023 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861

ATTACHMENT A
109
1Questions? Email the Benefits Team at [email protected] Full-Time Fire Mgt, Fire, SPMA, and SPOA Employees
Kaiser Permanente POS Plan – Medical, Dental and Vision Tier
with DHMO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $1,724.71 $711.00 $1,013.71 $506.86
Employee + 1 $3,108.06 $1,290.00 $1,818.06 $909.03
Employee + Family $4,175.64 $1,719.00 $2,456.64 $1,228.32 Tier
with DPPO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $1,761.73 $711.00 $1,050.73 $525.37
Employee + 1 $3,183.51 $1,290.00 $1,893.51 $946.76
Employee + Family $4,240.08 $1,719.00 $2,521.08 $1,260.54 Kaiser HDHP HSA Plan – Medical, Dental and Vision
Tier
with DHMO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $692.43 $692.43 $0.00 $0.00
Employee + 1 $1,249.96 $1,249.96 $0.00 $0.00
Employee + Family $1,698.18 $1,698.18 $0.00 $0.00
Tier
with DPPO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $729.45 $711.00 $18.45 $9.22
Employee + 1 $1,325.41 $1,290.00 $35.41 $17.71
Employee + Family $1,762.62 $1,719.00 $43.62 $21.81
Kaiser HMO Plan- Medical, Dental and Vision
Tier
with DHMO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $828.96 $711.00 $117.96 $58.98
Employee + 1 $1,495.71 $1,290.00 $205.71 $102.86
Employee + Family $2,025.85 $1,719.00 $306.85 $153.43
Tier
with DPPO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $865.98 $711.00 $154.98 $77.49
Employee + 1 $1,571.16 $1,290.00 $281.16 $140.58
Employee + Family $2,090.29 $1,719.00 $371.29 $185.65
Cost of Coverage

ATTACHMENT B
110
2Questions? Email the Benefits Team at [email protected] Full-Time Fire Mgt, Fire, SPMA, and SPOA Employees
Sutter Health Plus HDHP HSA Plan – Medical, Dental and Vision Sutter Health Plus HMO Plan – Medical, Dental and Vision Tier
with DHMO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $723.69 $711.00 $12.69 $6.34
Employee + 1 $1,306.21 $1,290.00 $16.21 $8.11
Employee + Family $1,773.14 $1,719.00 $54.14 $27.07
Tier
with DPPO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $760.71 $711.00 $49.71 $24.86
Employee + 1 $1,381.66 $1,290.00 $91.66 $45.83
Employee + Family $1,837.58 $1,719.00 $118.58 $59.29
Tier
with DHMO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $848.99 $711.00 $137.99 $68.99
Employee + 1 $1,532.71 $1,290.00 $242.71 $121.36
Employee + Family $2,075.84 $1,719.00 $356.84 $178.42
Tier
with DPPO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $886.01 $711.00 $175.01 $87.50
Employee + 1 $1,608.16 $1,290.00 $318.16 $159.08
Employee + Family $2,140.28 $1,719.00 $421.28 $210.64
Cost of Coverage

ATTACHMENT B
111
3Questions? Email the Benefits Team at [email protected] Full-Time SCEA/UNREP, B&C, O&M, T&M, and WS Employees
Kaiser Permanente POS Plan – Medical, Dental and Vision Tier
with DHMO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $1,724.71 $697.00 $1,027.71 $513.86
Employee + 1 $3,108.06 $1,265.00 $1,843.06 $921.53
Employee + Family $4,175.64 $1,685.00 $2,490.64 $1,245.32 Tier
with DPPO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $1,761.73 $697.00 $1,064.73 $532.37
Employee + 1 $3,183.51 $1,265.00 $1,918.51 $959.26
Employee + Family $4,240.08 $1,685.00 $2,555.08 $1,277.54 Kaiser HDHP HSA Plan – Medical, Dental and Vision
Tier
with DHMO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $692.43 $692.43 $0.00 $0.00
Employee + 1 $1,249.96 $1,249.96 $0.00 $0.00
Employee + Family $1,698.18 $1,685.00 $13.18 $6.59
Tier
with DPPO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $729.45 $697.00 $32.45 $16.23
Employee + 1 $1,325.41 $1,265.00 $60.41 $30.21
Employee + Family $1,762.62 $1,685.00 $77.62 $38.81
Kaiser HMO Plan- Medical, Dental and Vision
Tier
with DHMO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $828.96 $697.00 $131.96 $65.98
Employee + 1 $1,495.71 $1,265.00 $230.71 $115.36
Employee + Family $2,025.85 $1,685.00 $340.85 $170.43
Tier
with DPPO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $865.98 $697.00 $168.98 $84.49
Employee + 1 $1,571.16 $1,265.00 $306.16 $153.08
Employee + Family $2,090.29 $1,685.00 $405.29 $202.65
Cost of Coverage

ATTACHMENT B
112
4Questions? Email the Benefits Team at [email protected] Full-Time SCEA/UNREP, B&C, O&M, T&M, and WS Employees
Sutter Health Plus HDHP HSA Plan – Medical, Dental and Vision Sutter Health Plus HMO Plan – Medical, Dental and Vision Tier
with DHMO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $723.69 $697.00 $26.69 $13.35
Employee + 1 $1,306.21 $1,265.00 $41.21 $20.61
Employee + Family $1,773.14 $1,685.00 $88.14 $44.07
Tier
with DPPO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $760.71 $697.00 $63.71 $31.86
Employee + 1 $1,381.66 $1,265.00 $116.66 $58.33
Employee + Family $1,837.58 $1,685.00 $152.58 $76.29
Tier
with DHMO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $848.99 $697.00 $151.99 $75.99
Employee + 1 $1,532.71 $1,265.00 $267.71 $133.86
Employee + Family $2,075.84 $1,685.00 $390.84 $195.42
Tier
with DPPO Dental
Total Monthly Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $886.01 $697.00 $189.01 $94.50
Employee + 1 $1,608.16 $1,265.00 $343.16 $171.58
Employee + Family $2,140.28 $1,685.00 $455.28 $227.64
Cost of Coverage

ATTACHMENT B
113
City of Stockton
Legislation Text
File #: 23-0165, Version: 1

APPROVE A RESOLUTION OBJECTING AND NOT CONSENTING TO THE PUBLIC SALE BY

THE COUNTY OF SAN JOAQUIN OF REAL PROPERTY UPON WHICH THE CITY OF STOCKTON HAS LIENS OR OTHER RIGHTS TO PROPERTY TO PRESERVE CITY’S

INTERESTS UPON THOSE PARCELS OF REAL PROPERTY

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

1. Objecting and not consenting to the sale of certain properties which are subject to the County’s Power to Sell;

2. Preserving any City liens and other rights which it may have to property which are subject to the County’s Power to Sell; and

3. Authorizing certain City officials to send a certified copy of the resolution to the San Joaquin County Treasurer-Tax Collector and San Joaquin County Board of Supervisors.

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

Summary
The City is required to object to the public sale of properties conducted by San Joaquin County for the purpose of preserving City liens recorded against those properties, as well as preserving any other rights the City may have in a property. These rights can include, but are not limited to, Code Enforcement liens, Administrative Services utility liens, and regulatory agreements and deeds of trust securing certain property owner obligations by the Economic Development Department through its various programs. To conform with the California Revenue & Tax Code, the City must send the County a certified copy of a resolution adopted by the City Council objecting to a sale. This resolution provides a blanket objection to public sales to preserve the City’s respective interests and empowers City staff to submit a copy of the resolution as needed to object to the sale of specific properties.

DISCUSSION
Background
Several City departments record liens on properties for the purpose of collecting unpaid fines, fees, and utility bills as well as notifying potential buyers of enforcement actions and unsafe conditions on those properties. Additionally, the City records other instruments, like deeds of trust, against properties as a component of various programs to ensure compliance with program obligations and to protect the City’s financial interests.

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File #: 23-0165, Version: 1
Present Situation
From time to time, the San Joaquin County Treasurer-Tax Collector issues a public notice to the City, identifying certain parcels of property that are subject to the County’s Power to Sell and have been authorized by the County Board of Supervisors for sale at a public auction at a date, time, and location determined by the County. This notice requires the City to serve a written objection to preserve its liens and other interests upon those parcels of real property identified in the notice.

Without this objection, the City’s liens, and other interests on those parcels of real property, would be cancelled as part of the sale and the City would only be entitled to a portion of the proceeds deposited in the delinquent tax sale trust fund. By objecting to the sale, however, the City’s liens, assessments, or any rights which the City may have to the property are not affected by the sale of the property and the City can undertake efforts to collect the full amount of the lien.

Currently, City staff provide the County with a written objection in the form of a letter, stating that the City objects to the sale of the properties to the extent the City’s recorded liens or other interests would be extinguished and providing a list of all applicable properties containing City liens and interests. However, staff has determined that this method of objection may not completely satisfy California Revenue & Tax Code section 3695.

While the County has thus far accepted the City’s method of objection to the public auction sales, it would be prudent for the City to develop a policy to wholly address the Revenue & Tax Code.

Therefore, the City will require a resolution adopted by the City Council objecting and not consenting to the sale of any properties containing City liens or upon which City has other interests. Because the San Joaquin County Treasurer-Tax Collector does not conduct these public auctions at regular intervals, and because the notice provided to the City may not always provide sufficient time for staff to prepare a staff report and present this item to the City Council before the scheduled public auction, it is neither feasible nor economical for staff to request a resolution each and every time the County provides notice of a public auction. Instead, staff is requesting that City Council approve a resolution which provides a blanket objection to the sale of properties upon which the City has recorded a lien or possesses other interests and authorizing the City Manager to take appropriate and necessary actions to carry out the purposes and intent of the resolution, including directing appropriate departments to specifically object to the County sales as appropriate.

FINANCIAL SITUATION
Adoption of this resolution will solidify continued collection of General Fund/Other Revenues for various City Departments when properties are sold.

Attachment A - Resolution Tax Sale
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION OBJECTING AND NOT CONSENTING TO THE PUBLIC SALE BY THE

COUNTY OF SAN JOAQUIN OF REAL PROPERTY UPON WHICH THE CITY OF STOCKTON HAS LIENS OR OTHER RIGHTS TO PROPERTY TO PRESERVE CITY’S

INTERESTS UPON THOSE PARCELS OF REAL PROPERTY

From time to time , the County of San Joaquin (“County”) sells certain parcels of real property pursuant to Revenue and Taxation Code section 3691 et. seq., (a “Tax Sale”) which have been authorized by the County Board of Supervisors; and

The City regularly holds liens and other property rights, including deeds of trust, on real property within the boundaries of the County and which may become subject to County’s power to sell in a Tax Sale; and

Upon notice by the County of its intention to sell real property in a Tax Sale, the City may object before the date of the sale, and pursuant to Revenue and Taxation Code section 3695 , preserve the City’s liens and other interests in the real property; now, therefore,

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

1. The City objects, and does not consent, to the sale of properties which are subject to a Tax Sale by the County.

2. The City desires to preserve its liens and all other rights and interests that it possesses in real property subject to a Tax Sale by the County, and that any purchaser will take such real property subject to the City’s rights and interests.

3. The City Manager , Chief of Police, the Director of the Economic Development Department, or their respective designees, are authorized to send a certified copy of this resolution to the County Treasurer -Tax Collector, County Board of Supervisors, and any other party.

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4. The City Manager, or designee, is authorized to take all other appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED March 21, 2023 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
117
City of Stockton
Legislation Text
File #: 23-0166, Version: 1

APPROVE MOTION TO EXECUTE A ONE-YEAR AGREEMENT WITH EPIC PRODUCTIONS OF PHOENIX, LLC, IN AN AMOUNT NOT TO EXCEED $190,000

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

1. Authorize the City Manager to execute a one-year Services Agreement with Epic Productions of Phoenix, LLC;

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

Summary
The Stockton Police Department (SPD) seeks Council approval for a one-year services agreement with Epic Productions of Phoenix, LLC (Epic). The proposed agreement provides SPD with an online recruiting campaign through video production, photography, and a recruitment website. The intent is to recruit and hire a qualified, diverse workforce. As SPD continues to recruit, there has been an overall drop in applicants and qualified candidates able to make the eligibility lists.

DISCUSSIO
N
Background
Over the last three years, the SPD has been experiencing a consistent decline in the number of applicants applying for the Police Officer position and the number of eligible candidates attained from those lists. This dilemma is a nationwide concern throughout most law enforcement organizations.

Furthermore, the COVID-19 pandemic restrictions deprived SPD’s Recruiting Team of the ability to engage candidates during in-person recruiting events. In response, SPD’s Recruiting Team explored options that did not require personal contact. In December 2021, an agreement with iHeart Media was approved for the broadcasting and streaming advertisement of available Police Officer Trainee positions within our organization. The advertisement was played on three different area radio stations and streamed through the stations’ online platforms. The team has increased the number of in- person recruiting events significantly over the last year but is still experiencing an unceasing decline City of Stockton Printed on 3/15/2023Page 1 of 2
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File #: 23-0166, Version: 1
in the number of applicants. Traditional methods of advertising have not filled our demand for the quality and quantity of applicants needed to offset our rising attrition.

As efforts for recruiting continue to be an increasing concern, SPD expanded research to enhance recruiting efforts through digital platforms and partnering with marketing firms. After numerous efforts, finding a marketing firm with a comprehensive and streamlined process that works with law enforcement recruitment has become challenging.

Present Situation
SPD has been unsuccessful in filling over 100 law enforcement positions, hindering the department’s efforts toward Council priority goals on crime reduction. With the increase in vacancies over recent years, partnering with outside resources will add value and increase recruiting efforts.

Epic is the only vendor SPD has identified that focuses solely on law enforcement recruitment and provides a comprehensive, multi-faceted approach to attract a diverse and qualified group of candidates. They have shown sufficient statistics on the success they have provided to other agencies nationwide. Epic provides a solution that other marketing firms have not been able to adequately meet for the needs of SPD recruiting.

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

1. The Sole Source is appropriate for a recruiting campaign to expand outreach efforts to fill a steady vacancy of 100+ law enforcement positions.

2. Epic is the only vendor SPD has identified that focuses solely on law enforcement recruitment and provides a comprehensive, multi-faceted approach to attract a diverse yet qualified group of candidates.

3. Epic provides outreach strategies and a well-developed branding campaign to enhance current recruitment efforts to qualifying candidates.

FINANCIAL SUMMARY
The agreement term is one year at a total cost of $190,000. The FY 2022-23 Annual Budget includes a sufficient appropriation for this purchase in the Police Department’s Measure A Salary savings:

Account 3514-000-610000-100-115-20-35-000-000-.

Attachment A - Standard Agreement - Epic Recruiting
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1 (ZĞǀ͘ϭϬ.Ϯϳ.ϮϮ)

CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) 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: $ ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
______________________________________________________________________________________________ Contractor’sName (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
_________________________________________________________BB________________ +DUU\%ODFN City Manager Date
ATTEST:
____________________________________________________________________________ (OL]D5*DU]D&0&, City Clerk
APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:

Agreement Number:
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.

D
Exhibit A – Statement of Work

E
Exhibit B – Insurance

F
Exhibit C – General Terms Conditions

G
Exhibit D –

H
Exhibit E – Compensation Schedule

I
Exhibit F – Timeline

ATTACHMENT A
Epic Productions of Phoenix, LLC. the Police Department an online recruiting campaign April 1, 2023 March 31, 2024
190,000
Professional Services Special Terms & Conditions
Epic Productions of Phoenix, LLC.
3719 N. 75th St. Suite #110 Scottsdale, AZ 85251
120
ExhibitA
SCOPEOFWORK
Epic will provide the following services:

BRAND DEVELOPMENT RESEARCH/STRATEGY
Meet with leadership to discuss department recruiting mission and goals.

Research Market Trends/Background Research for Dept.

Create Department brand and messaging.

Develop Call To Action/Tag Line.

Design Color Palette.

Present recruiting brand concept.

VIDEO/PHOTOGRAPHY
(3) Days on location video/photo production
(1) 2 Minute Recruitment Video
(2) 60 Second Recruitment Videos (Content TBD)
(2) 30 Second Recruitment Videos (Content TBD)
(2) 15 Second Recruitment Videos (Content TBD)
Dept Wide Photography
Dept Owns all Content.

RECRUITMENT WEBSITE
Design & Build Police Recruitment Website
2 Years Hosting on Secure, Optimized Servers
2 Years Technical Support to Facilitate Content Changes Department owns website

12 MONTH ONLINE RECRUITING CAMPAIGN
Evaluate Online platforms for optimum candidate exposure Select geographic target locations/opportunities for campaign exposure Outline goals, deliverables and timeline, budget for the project Develop and Present 1 Year Recruiting Plan to leadership team SEO (Search Engine Optimization) & SEM (Search Engine Marketing) Google, YouTube Advertising, Social Media Advertising
Post & Engage on Social Media (Facebook, Twitter, Instagram, etc) Track/Re-target Visitors to the Recruiting Website
Analyze Analytical Data & Provide Monthly Performance Reports

Ownership:

The Stockton Police Department owns all content as well as the recruiting website. Epic may use photo and video content for self-promotion of recruiting services across all digital platforms, broadcast, event, and print media.

ATTACHMENT A
121
REV 2022-05-17

Exhibit B:

Insurance Requirements
(Recruiting 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 (non- owned), 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 A
122
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.

ATTACHMENT A
123
REV 2022-05-17

endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

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 (Professional/Errors and Omissions only) 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 claims- made policy form with 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 A
124
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, 3
rd Floor – HR
Stockton, CA 95202

ATTACHMENT A
125
(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 appr oved subcontractors, in performance of this Agreement, and if applicable, drawings, desi gns, and plan review comments shall become the property of the City. Any and all copyrightabl e subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree

1 ATTACHMENT A
126
(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.

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 an y 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 A
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(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 necessa ry, 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 Agreem ent 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 Agr eement 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 A
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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 paym ent may arise under this Agreement until funds are made available and until the Cont ractor 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 Cit y, 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. Th is 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.

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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 peri od of three (3) years from the date that final payment is made. At any time during no rmal 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.

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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, r epresentatives 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 serv ices 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 subcon tractors 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 u nder 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.

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

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

31. Entire Agreement, Integration, and Modification.

31.1 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.

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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

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

4. Standard of Performance

In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

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

4.2 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 Se rvices 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

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

6. 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.

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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.

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EXHIBIT E

COMPENSATION SCHEDULE

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

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $190,000.00 (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 and accepted by the City as being satisfactory to City’s needs. 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.

iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.

Reimbursement shall be made 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.

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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.

1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed __N/A____%.

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 Execution of Contract $70,000
2 Completion of video production,
photography, and recruitment website
$70,000
3 Initiation of the first 6 month online
recruiting campaign
$25,000
4 Initiation of the last 6 month online
recruiting campaign
$25,000
TOTAL PRICE $190,000

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

Hourly Billable Rate Schedule

Title

Role on Project
Hourly
Billable
Rates
N/A N/ A $

4. Additional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:

Title Unit Price
N/A $

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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 Police Department
Attention: Fiscal Affairs
22 East Weber Ave. 4
th Floor
Stockton, CA 95202

ATTACHMENT A
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EXHIBIT F

TIMELINE

1. Contractor shall complete the requested services identified in Exhibit A.

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City of Stockton
Legislation Text
File #: 23-0167, Version: 1

APPROVE MOTION TO EXECUTE A THREE-YEAR MEMORANDUM OF UNDERSTANDING WITH THE SAN JOAQUIN COUNTY SHERIFF’S DEPARTMENT COMMUNITY CORPS

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

1. Authorize the City Manager to execute a three-year Memorandum of Understanding (MOU) with the San Joaquin Sheriff’s Department Community Corps (SJCC) to provide general labor services, at a not-to-exceed cost of $573,000; and

2. Authorize and direct the City Manager to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.

Summary
The City has contracted with the SJCC for several years to provide general labor by supervised inmates for clean-ups on public property. Most recently, this type of service has been used on a weekly basis to help remove garbage, junk, and debris left by abandoned homeless encampments in various locations throughout Stockton. In addition, the Municipal Utilities Department (MUD) uses the SJCC to provide cleanup services around storm drainage ditches and basins.

On November 19, 2019, a three-year contract with SJCC was approved by Motion 2019-11-19-1113, which expired on October 7, 2022. On August 1, 2022, a Request for Quote was sent to three local landscape vendors, for removal of vegetation, trash, and debris in and along drainage ditches and basins throughout the City for a six-month emergency contract. Quotes were due August 5, 2022; all three vendors responded with SJCC submitting the lowest quote. The current agreement expires April 8, 2023.

DISCUSSION
Background
The City has contracted with the SJCC since 2016. The initial agreement was for a one-year term and a not-to-exceed cost of $74,999. These services are beneficial to the City as a cost-effective alternative to using full-time City employees for clean-ups or routine maintenance tasks. The work performed has become instrumental for the City. As a result, the agreement has been renewed annually.

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A Standard Agreement has been the practice in prior years; however, it has been recommended by the Administrative Services Procurement staff to move forward with a MOU. An MOU between public agencies allows for a cost-effective alternative to using full-time City employees or contracted services for clean-ups.

Historically, services under this Agreement have been coordinated by the Stockton Police Department (SPD), as needed by multiple City departments, to assist with its slough and public right- of-way clean-up efforts.

Present Situation
Over the years, City staff identified a need to expand the locations and frequency of work performed.

MUD proposed using this labor force to perform routine functions of storm water maintenance needed for drainage ditches and basins, to allow unimpaired flows and maximum capacity. In addition, SPD increased the number of clean-ups per week.

The current agreement expires April 8, 2023. City staff recommends City Council authorize a MOU for a three-year term ending April 8, 2026 (Attachment A), at a not-to-exceed cost of $573,000.

FINANCIAL SUMMARY
The expected annual cost is $191,000, with $156,000 being allocated from SPD and $35,000 from MUD. The total not-to-exceed cost of the three-year MOU is $573,000. For SPD’s allocation in FY 2022-23, funds are available in the Police Department’s Strategic Operations, Homelessness Account. MUD’s funding allocation in FY 2022-23 are available in the following:

1. Stormwater Administration Division $10,000

2. Wastewater Pump Stations Maintenance Division $7,500

3. Stormwater Pump Stations Maintenance Division $7,500

4. Wastewater Operations Division $10,000
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City of Stockton
Legislation Text
File #: 23-0186, Version: 1

APPROVE MOTION TO EXECUTE A FIVE-YEAR MASTER SERVICE AGREEMENT WITH LEXIPOL, LLC, IN AN AMOUNT NOT TO EXCEED $496,827.50

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

1. Authorize the City Manager to execute a five-year Master Service Agreement with Lexipol, LLC (Lexipol), in an amount not to exceed $496,827.50.

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

Summary
The Stockton Police Department (SPD) seeks Council approval for a five-year Master Service Agreement with Lexipol. The proposed agreement provides SPD with a policy management solution compliant with applicable laws and regulations. The intent is to allow SPD to increase policy compliance and personnel safety while improving the services provided to the community. Lexipol supports SPD’s Strategic Plan goal of increasing the trust between the Community and Police.

DISCUSSIO
N
Background
SPD’s policies and procedures are handled internally by at least twenty-five (25) employees spread between the SPD, the City Attorney’s Office, and Human Resources. As State and Federal legislation create new mandates, policy revisions are completed by these employees. SPD’s current process is very time-consuming, with limited staff dealing with time-sensitive legal updates.

Lexipol provides a service that will write General Orders for SPD through its team of attorneys and experts. This team will continually review the General Orders for critical gaps and needed updates, based on case and statutory law, including state-specific policies and updates. Lexipol includes a reporting feature that allows SPD to track policy acknowledgment and training. In addition to any updates, the service provides training scenarios of updates and 24/7 access to policies via a web- based platform and mobile application.

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Present Situation
In Fiscal Year 2022-23, $375,000 in funding was approved by resolution 2022-07-26-1504 to develop a more robust early-warning system to increase accountability.

Lexipol offers a subscription-based policy management and training services for public safety that is defendable in court. Using Lexipol is a cost-effective solution to the City’s usage of time and energy that is currently focused on updating policies and procedures for SPD. Lexipol is the only vendor SPD has identified that focuses solely on law enforcement policy revision and provides a comprehensive, multi-faceted approach to policy management, training, and compliance. Lexipol provides a solution to SPD that no other firms have been able to deliver.

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

1. The Sole Source is appropriate for the comprehensive review, training, and revision of current and future policies and procedures.

2. Lexipol is the only vendor SPD has identified that focuses solely on law enforcement policies and provides a comprehensive, multi-faceted approach to procedural training, policy updates, and review.

3. Lexipol provides strategies and a well-developed policy management solution to enhance the safety of our law enforcement officers, and the service law enforcement provides to the community.

FINANCIAL SUMMARY
The agreement term is five years at a total cost of $496,827.50. Annual costs are as follows:

Year 1 $238,678.30
Year 2 $64,537.30
Year 3 $64,537.30
Year 4 $64,537.30
Year 5 $64,537.30
Total $496,827.50
The FY 2022-23 Annual Budget includes a sufficient appropriation for this purchase in the Police Department’s General Fund, Administration Division, Account #3510-300-650002-100-000-20-35-000 -000-and will be budgeted in the same account in future years.

Attachment A - Master Service Agreement - Lexipol
City of Stockton Printed on 3/15/2023Page 2 of 2
powered by Legistar™
154

MASTER SERVICE AGREEMENT
Agency's Name: Stockton Police Department
Agency's Address: 22 E Market St
Stockton, California 95202
Agency's Sourcewell Member ID: 26357
Attention: Deputy Chief Antonio Sajor
Sales Rep: Monique Childers
Lexipol's Address: 2611 Internet Boulevard, Suite 100
Frisco, Texas 75034
Effective Date:

EFFECTIVE_DATE_DS
(to be completed by Lexipol upon receipt of signed Agreement) This Master Service Agreement (the “Agreement”) is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), which may include one or more Lexipol subsidiary entities, and the Agency identiﬁed above.

This Agreement consists of:
(a) this Cover Sheet
(b) Exhibit A
- Selected Services and Associated Fees
(c) Exhibit B - Terms and Conditions Speciﬁc to this Agreement This Agreement is entered into subject to the terms and conditions contained in Sourcewell Contract Number 011822-LXP (the Sourcewell Contract). In the event of any conﬂict between the terms and conditions of this Agreement and the terms and conditions set forth in the Sourcewell Contract, the terms and conditions of the Sourcewell Contract shall control.

Each individual signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement.

Stockton Police Department Lexipol, LLC
Signature:

CUSTSIG_DS Signature: COUNTERSIG_DS
Print Name: CUSTNAME_DS Print Name:

Title: CUSTTITLE_DS Title:

ATTACHMENT A
155
Exhibit A

SELECTED SERVICES AND ASSOCIATED FEES
Agency is purchasing the following:

Year One

QTY DESCRIPTION UNIT PRICE SOURCEWELL
DISC

DISC AMT EXTENDED
1 Annual Law Enforcement Policy Manual
& Daily Training Bulletins (Start: 4/1/2023
End: 3/31/2024)
USD 62,317.00 5% USD 3,115.85 USD 59,201.15
1 Annual Law Enforcement Supplemental
Manual(s) (Start: 4/1/2023 End:
3/31/2024)
USD 3,782.00 5% USD 189.10 USD 3,592.90
1 Annual Law Enforcement Procedures
(Start: 4/1/2023 End: 3/31/2024)
USD 1,835.00 5% USD 91.75 USD 1,743.25
Subscription Line Items Total USD 3,396.70 USD 64,537.30 1 Law Enforcement Full Implementation USD 174,141.00 USD 0.00 USD 174,141.00 One-Time Line Items Total USD 0.00 USD
174,141.00
USD 3,396.70 USD
238,678.30
Year One Sourcewell Discount: USD 3,396.70
Year One TOTAL: USD 238,678.30
Year Two

QTY DESCRIPTION UNIT PRICE SOURCEWELL
DISC

DISC AMT EXTENDED
1 Annual Law Enforcement Policy Manual
& Daily Training Bulletins w/Supplemental
Publication Service w/ Procedures (Start:
4/1/2024 End: 3/31/2025)
USD 67,934.00 5% USD 3,396.70 USD 64,537.30
Subscription Line Items Total USD 3,396.70 USD 64,537.30 USD 3,396.70 USD 64,537.30
Year Two Sourcewell Discount: USD 3,396.70
Year Two TOTAL: USD 64,537.30
Year Three

QTY DESCRIPTION UNIT PRICE SOURCEWELL
DISC

DISC AMT EXTENDED
1 Annual Law Enforcement Policy Manual
& Daily Training Bulletins w/Supplemental
Publication Service w/ Procedures (Start:
4/1/2025 End: 3/31/2026)
USD 67,934.00 5% USD 3,396.70 USD 64,537.30
Copyright 2021 © Lexipol - Rev 12/28/2020

ATTACHMENT A
156

QTY DESCRIPTION UNIT PRICE SOURCEWELL
DISC

DISC AMT EXTENDED
Subscription Line Items Total USD 3,396.70 USD 64,537.30 USD 3,396.70 USD 64,537.30
Year Three Sourcewell Discount: USD 3,396.70
Year Three TOTAL: USD 64,537.30
Year Four

QTY DESCRIPTION UNIT PRICE SOURCEWELL
DISC

DISC AMT EXTENDED
1 Annual Law Enforcement Policy Manual
& Daily Training Bulletins w/Supplemental
Publication Service w/ Procedures (Start:
4/1/2026 End: 3/31/2027)
USD 67,934.00 5% USD 3,396.70 USD 64,537.30
Subscription Line Items Total USD 3,396.70 USD 64,537.30 USD 3,396.70 USD 64,537.30
Year Four Sourcewell Discount: USD 3,396.70
Year Four TOTAL: USD 64,537.30
Year Five

QTY DESCRIPTION UNIT PRICE SOURCEWELL
DISC

DISC AMT EXTENDED
1 Annual Law Enforcement Policy Manual
& Daily Training Bulletins w/Supplemental
Publication Service w/ Procedures (Start:
4/1/2027 End: 3/31/2028)
USD 67,934.00 5% USD 3,396.70 USD 64,537.30
Subscription Line Items Total USD 3,396.70 USD 64,537.30 USD 3,396.70 USD 64,537.30
Year Five Sourcewell Discount: USD 3,396.70
Year Five TOTAL: USD 64,537.30
*Law Enforcement pricing is based on 371 Law Enforcement Sworn Ofﬁcers. *The above subscription services, and when applicable, implementation services, shall be invoiced by Lexipol (or one of its subsidiaries, where applicable) upon the execution of this Agreement.

Discount Notes
Sourcewell discount applied.

ATTACHMENT A
157
Exhibit B
Terms and Conditions of Service

1. Definitions. For purposes of Lexipol’s Terms and Conditions of Service (the “Terms”), each of the following capitalized terms will have the meaning included in this Section . Other capitalized terms are defined within their respective sections below. Depending on the selected Service(s), Agency may receive support from, and be invoiced by, a Lexipol subsidiary, including The Praetorian Group and/or Cordico Inc.

1.1 “Agency” means the department, agency, office, company, or other entity purchasing and/or otherwise subscribing to Lexipol products or services.

1.2 “Agreement” means the combination of (a) the cover sheet to which these Terms are attached; (b) Lexipol’s subscription and pricing information sheets, which are typically included as an Exhibit A (“Services Being Purchased and Related Fees ”) or as set forth in any similar pricing sheet (including by way of addendum); and (c) these Terms.

1.3 “Derivative Work(s)” means work(s) b ased on Lexipol’s Subscription Materials, or any substantive portion thereof. Derivative Works include revision, modification, abridgement, condensation, expansion, or any other form in which the Subscription Materials or any portion thereof are recast, transformed, or adapted. For purposes of the Agreement, a Derivative Work also includes any compilation that incorporates any portion of the Subscription Materials. Further, “Derivative Work” includes any work considered a “derivative work” under United States copyright law.

1.4 “Effective Date” means the date specified on the cover sheet to which these Terms are attached, or as otherwise expressly set forth and agreed upon by Lexipol and Agency in a writing and defined as the “Effective Date.”

1.5 “Initial Term” means the period commencing on the Effective Date and continuing for the length of time indicated on the cover sheet or subscription and pricing sheet provided by Lexipol . If the Initial Term is not so indicated, the default Initial Term is one (1) year from the Effective Date.

1.6 “Service(s)” means all Lexipol product(s) or service(s), including one-time and recurring (subscription) services, as may be offered by Lexipol and/or its subsidiaries and affiliates from time to time.

1.7 “Subscription Materials” means all policy manuals, supplemental publ ications, daily training bulletins, written content, images, videos, and all other data and multimedia provided by Lexipol and/or its licensors through the Services.

2. Term. The Agreement becomes enforceable upon signature by Agency’s authorized representative. Following the Initial Term , t he Agreement shall renew in successive one -year periods thereafter (each a “Renewal Term”) unless one party provides written notice of non -renewal to the other party at least thirty (30) days prior to expiration of the then -current term. The Initial Term and all Renewal Terms collectively comprise the “Term” of the Agreement.

3. Termination.

3.1 For Cause. The Agreement may be terminated by either party, effective immediately, (a) in the event that the other party fails to discharge any obligation or remedy any default under the Agreement for a period of more than thirty (30) calendar days after it has been give n written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction.

3.2 For Convenience. The Agreement may be terminated for convenience (including lack of appropriation of funds by Agency) upon sixty (60) days written notice. Note: fees already paid for Services are not eligible for refund, proration or offset in the event of Agency’s termination for convenience.

ATTACHMENT A
158

Copyright © Lexipol, LLC 1995-2022
Rev. 1.1.2022
2 4. Effect of Expiration or Termination. Upon the expiration or termination of the Agreement for any reason, Agency’s access to Lexipol’s Services shall cease . Termination or expiration of the Agreement shall not, however, relieve either party from any obligation or liability that has accrued under the Agreement prior to the date of such termination or expiration, including payment obligations. The right to terminate the Agreement shall be in addition to, and not in lieu of, any other remedy, legal or equitable, to which the parties are entitled at law or in equity. The provisions of Sections 1 (Definitions), 6 (Service-Specific Terms), 8 (Privacy Policy), 8 (Warranty Disclaimer), 9 (Confidentiality), 10 (Warranty Disclaimer), 11 (Limitation of Liability), 12 (General Terms ), and this Section 4 shall survive the expiration or termination of the Agreement for any reason.

5. Fees and Invoicing . Unless otherwise agreed upon in writing , Lexipol (or, if applicable, The Praetorian Group or Cordico Inc.) will invoice Agency at the commencement of the Initial Term and thirty (30) days prior to each Renewal Term. Agency will pay to Lexipol the fee(s) specified on each invoice within thirty (30) days following receipt of the invoice. All invoices will be sent to Agency at the address specified on the cover sheet to which these Terms are attached or as otherwise designated by Agency in writing. All payments will be made by electronic transfer of immediately available funds or by mailing a check to Lexipol at 2611 Internet Blvd, Ste 100, Frisco, TX 75034 (Attn: Accounts Receivable). Lexipol reserves the right to increase fees for Renewal Terms . All amounts required to be pai d under the Agreement are exclusive of taxes and similar fees now in force or enacted in the future. Unless otherwise exempt, Agency is responsible for and will pay in full all taxes properly imposed related to its receipt of Lexipol’s Services, except for taxes based on Lexipol’s net income. In the event any amount owed by Agency is not paid when due, and such failure is not cured within ten (10) days after written notice thereof, then in addition to any other amount due, Agency shall pay a late payment charge on the overdue amount at a rate equal to the lower of (a) one percent (1%) per month, or (b) the highest rate permitted by applicable law.

6. Service-Specific Terms. The following sections apply to specific Lexipol Services:

6.1 Policy. Lexipol’s policy Subscription Material s and Knowledge Management System (“KMS”) are proprietary, protected under U.S. copyright, trademark, patent, and /or other applicable law s, and Lexipol reserves all rights not expressly granted in these Terms. Agency may prepare Derivative Works using Lexipol’s Subscription Materials, but Lexipol shall remain the sole owner of all right, title and interest in and to them, including all copyrights , intellectual property rights, and other proprietary rights therein or pertaining thereto. Agency shall retain a perpetual, personal, non-sublicensable and non-assignable right to use the Subscription Materials for Agency’s internal purposes but will not remove any copyright notice or other proprietary notice of Lexipol appearing thereon. Agency acknowledges and agrees that Lexipol shall have no responsibility to update such Subscription Materials beyond the Term of the Agreement and shall have no liability whatsoever for Agency’s creation or use of Derivative Works . Lexipol’s Subscription Materials are to be treated as Confidential Information (per Section 9 herein), but Agency may disclose Subscription Materials pursuant to a valid court order, lawful government agency request, Fr eedom of Information Act (FOIA) request, or Public Records Act (PRA) request . Agency acknowledges and agrees that all policies and procedures it implements have been individually reviewed and adopted by Agency, that neither Lexipol nor any of its agents, employees, or representatives shall be considered “policy makers” in any legal or other sense, and that Agency’s highest-ranking official shall , for all purposes, be considered the “policy maker” with regard to same. Lexipol’s KMS Service is subject to the Service Level Agreement attached to these Terms.

6.2 Learning. Lexipol’s Learning Management System (“LMS”) , offered by Praetorian Digital, is a proprietary Service protected under U.S. copyright, trademark, patent, and other law s. Lexipol and its licensors retain all rights, title, and interest in and to the LMS (including, without limitation, all intellectual property rights), including all copies, modifications, extensions, and Derivative Works thereof. Agency’s right to use the LMS is limited to the rig hts expressly granted in the Agreement. Agency Data, defined as data owned by Agency prior to the Effective Date or which Agency provides during the Term for purposes of identifying authorized users, confirming agency or department information, or other purposes that are ancillary to receipt of the Service, remains Agency’s property. Lexipol retains no right or interest in Agency Data and shall return or destroy Agency Data following termination of the Agreement. Lexipol’s LMS Service is subject to the Service Level Agreement attached to these Terms.

ATTACHMENT A
159

Copyright © Lexipol, LLC 1995-2022
Rev. 1.1.2022
3 6.3 Wellness. This Section applies when Agency subscribes to Lexipol’s Wellness Application (“Wellness App”) offered by Cordico®. All Subscription Materials delivered by the Wellness App, including but not limited to all object and source code, all information created, developed, or reduced to practice, and all written, image -based, or video -based content underlying the Wellness App that is not specifically provided by Agency is the propr ietary intellectual property of Lexipol and/or its suppliers or licensors , protected to the maximum extent permitted by trademark, copyright, and patent laws . Agency is granted a nonexclusive limited right to access the Wellness App during the Term. If the Agreement is terminated or expires for any reason, Agency shall lose access to the Wellness App and to all associated Subscription Materials and shall discontinue all use of the same for any purpose. Nothing in this section or these Terms shall be construed as conferring any right of ownership or use to the Wellness App, whether by estoppel, implication or otherwise.

6.4 Grants. This Section applies when Agency selects Lexipol’s Grant Writing, Consulting, and/or GrantFinder services. For Grant Writing services , Agency takes full responsibility for submitting information reasonably required by Lexipol’s grant writing team in a timely manner (at least five (5) days prior to the applicable grant application close date). Agency is responsible for all submissions of final grant applications by grant deadlines , but Lexipol shall be considered Agency’s duly authorized representative for submissions where applicable. Failure to submit requested materials to write grant applications on time will result in rollover of project services and fees to next grant application cycle; not a refund of the fees.

Requests for cancellation of Grant Writing services will result in a 50% fee of the total value of the service.

Invoices for Grant Writing services will be sent as soon as work begins for the applicable target grant.

Complete payment must be received no later than thirty (30) days after receipt of invoice. In the event Agency has not made timely payment on an invoice, Lexipol reserves the right to suspend all grant Services to Agency until past-due payments are received in full, and may terminate Agency’s access to GrantFinder, if applicable. Invoices over thirty (30) days past due may be charged a twenty-five dollar ($25) late fee.

6.5 Generally; Injunctive Relief. Nothing in the Agreement shall be construed as conferring any rights or license to Lexipol’s trade secrets, intellectual property, Confidential Information, Subscrip tion Materials, KMS, LMS, Wellness App , or the software underlying such products and services, whether by estoppel, implication or otherwise. Agency may not, and may not assist others to, decompile, disassemble, reverse engineer, or otherwise attempt to di scover any object code, source code, or proprietary data underlying the Services . Agency grants all rights and permissions in or relating to Agency Data as are necessary to Lexipol to enforce the Agreement, exercise Lexipol’s rights, and perform Lexipol’s obligations hereunder. Agency acknowledges that a breach or threatened breach of any portion of this Section may cause irreparable harm and shall entitle Lexipol to injunctive relief in addition to any other available remedy.

7. Account Security. The rights to access and use the Services under the Agreement are personal and unique to Agency and Agency shall not assign or otherwise transfer any such rights to any other person or entity. Except as set forth herein , Agency remains solely responsible for maintaining the confidentiality of Agency’s username(s) and password(s) and the security of Agency’s account(s), meaning the account by which Agency accesses the Services. Agency will not permit access to Agency’s account(s) or use of Agency’s username(s) and/or password(s) by any person or entity other than authorized Agency personnel.

Agency will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency’s Account or Agency’s username(s) and/or password(s).

8. Privacy Policy. Lexipol will hold Agency Data in confidence unless required to provide access in accordance with a court order, government agency request, or other legal process such as a Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data. Lexipol’s systems use the Secure Socket Layer (SSL) Protocol for Lexipol Services, which encrypts information as it travels between Lexipol and each Agency. However, Agency acknowledges and agrees that data transmission on the internet is not always 100% secure and Lexipol cannot and does not warrant that information Agency transmits to or through the Services is 100% secure. Agency acknowledges that Lexipol may provide view-only access and summary information (which may include number of policies developed or in development, percentage of staff reviews of developed policies and DTBs ) to Agency’s affiliated Risk Management Authority, Insurance Pool or Group, or Sponsoring Association if they are actively funding member Agency Subscription Fees.

ATTACHMENT A
160

Copyright © Lexipol, LLC 1995-2022
Rev. 1.1.2022
4 9. Confidentiality. During the term of the Agreement , either party may be required to disclose information to the other party that is marked “confidential” or is of such a type that the confidentiality thereof is reasonably apparent (collectively, “Confidential Information”). The receiving party will: (a) limit disclosure of any Confidential Information of the other party to the receiving party’s directors, officers, employees, agents and other representatives (collectively “Representatives”) who ha ve a need to know such Confidential Information in connection with the Services ; (b) advise its personnel and agents of the confidential nature of the Confidential Information and of the obligations set forth in the Agreement; (c) keep all Confidential Information confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; and (d) not disclose any Confidential Information to any third party unless expressly authorized b y the disclosing party. Notwithstanding the foregoing, a party may disclose Confidential Information pursuant to a valid governmental, judicial, or administrative order, subpoena, discovery request, regulatory request, Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request, or similar method, provided that the party proposing to make any such disclosure will promptly notify, to the extent practicable, the other party in writing of such demand for disclosure so that the other party ma y, at its sole expense, seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information.

Each party shall be responsible for any breach of this section by any of such party’s personnel or agents.

10. Warranty Disclaimer. ALL SERVICES AND SUBSCRIPTION MATERIALS ARE PROVIDED "AS- IS" AND LEXIPOL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR

OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITN ESS FOR A

PARTICULAR PURPOSE, TITLE, AND NON -INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

11. Limitation of Liability. Lexipol’s cumulative liability resulting from any claims, demands, or actions arising out of or relating to the Agreement, the Services, or the use of any Subscription Materials shall not exceed the aggregate amount of subscription fees actually paid to Lexipol by Agency for the associated Services during the twelve-month period immediately prior to the assertion of such claim, demand, or action.

In no event shall Lexipol be liable for any indirect, incidental, consequential, special, exemplary damages , or lost profits, even if Lexipol has been advised of the possibility of such damages. The limitations set forth in this Section shall apply whether the subject claim is based on breach of contract, tort, strict liability, product liability or any other theory or cause of action.

12. General Terms.

12.1 General Interpretation. The language used in the Agreement and these Terms shall be deemed to express the mutual intent of Lexipol and Agency. The Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such instru ment or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under the Agreement .

12.2 Invalidity of Provisions . Each of the provisions contained in the Agreement and these Terms is distinct and severable. A declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. Further, if a court of competent jurisdiction finds any provision of th e Agreement to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intention as reflected in such provision to the maximum extent possible.

12.3 Waiver. Lexipol’s failure to exercise, or delay in exercising, any right or remedy under any provision of the Agreement shall not constitute a waiver of such right or remedy.

12.4 Governing Law. The Agreement shall be construed in accordance with, and governed by, the laws of the State in which Agency is located, witho ut giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply.

ATTACHMENT A
161
Copyright © Lexipol, LLC 1995-2022
Rev. 1.1.2022
5 12.5 Compliance with Laws . Each party shall maintain compliance with all applicable laws, rules, regulations, and orders promulgated by any federal, state, or local government body or agency relating to its obligations pursuant to the Agreement and these Terms.

12.6 Attorney’s Fees. If any action is brought by either party to the Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys’ fees and expenses of litigation.

12.7 Notices. Any notice required by the Agreement or given in connection with it shall be in writing and shall be made by certified mail (postage prepaid), recognized overnight delivery service, or (if mutually agreed upon) by email to authorized recipients at such address as each party may indicate from time to time . Alternatively, electronic mail or facsimile notice to established and authorized recipients is acceptable when acknowledged by the receiving party.

12.8 Entire Agreement . The Agreement, including these Terms, embodies the entire agreement and understanding of the parties hereto and expressly supersedes all prior written and oral agreements and understandings with respect to the subject matter hereof. No representation, promise, or statement of intention has been made by any party hereto that is not embodied in the Agreement. Terms and conditions set forth in any purchase order or any other form or document that are inconsistent with or in addition to the terms and conditions set forth in the Agreement are hereby objected to and rejected in their entirety, regardless of when received, without further action or notification, and shall not be considered binding unless specifically agreed to in writing by both parties. No amendment, modification, or supplement to the Agreement shall be binding unless it is in writing and signed by the party sought to be bound thereby.

12.9 Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document for purposes of the Agreement.

Lexipol Service Level Agreement for Cloud-Based Services

1. Response Times. For issues relating to Lexipol’s online, cloud-based Services (e.g. KMS, LMS, Wellness), Lexipol will make an industry standard and commercially reasonable effort to respond promptly (via Lexipol’s Normal Support Channels) within two (2) Business Days after receipt.

2. Uptime Commitment. The Uptime Percentage for the Service will be ninety -nine and five-tenths percent (99.5%) (the “Uptime Commitment”). Subject to the exclusions described in below, “Uptime Percentage” is calculated by subtracting from 100% the percentage of 1 -minute periods during any annual billing cycle in which Agency’s selected Service(s) are unavailable out of the total number of minutes in that billing cycle. “Unavailable” and “Unavailability” mean that, in any 1 -minute period, all connection requests received by Agency failed to process (each a “Failed Connection”); provided, however, that no Failed Connection will be counted as a part of more than one such 1 -minute period (i.e. a Failed Connection will not be counted for the period 12:00:00-12:00:59 and the period 12:00:30-12:01:29). The Yearly Uptime Percentage will be measured based on the industry standard monitoring tools.

3. Exclusions from Uptime Percentage . All Service Unavailability resulting from the following will be excluded from calculation of Uptime Percentage: (a) Regularly-scheduled maintenance of the Service that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s support channels (Lexipol typically schedules such regularly scheduled maintenance once per month); (b) Any failures of the Lexipol Standard and Custom Reporting Services that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s Normal Support Channels; (c) Any issues with a third-party service to which Agency subscribes but does not control; (d) Any problems not caused by Lexipol that result from, computing or networking hardware, other equipment or software under Agency’s control, the Internet, or other issues with electronic communications; (e) Lexipol’s suspension or termination of the Service in accordance with the Terms; (f) Exceeding Lexipol’s published Concurrent Request Limits; (g) Software that has been subject to unauthorized modification by Agency; (h) Negligent or intentional misuse of the Service by Agency.

ATTACHMENT A
162
City of Stockton
Legislation Text
File #: 23-0272, Version: 1

RATIFY SUBMITTAL OF RAISE GRANT APPLICATION TO THE DEPARTMENT OF TRANSPORTATION FOR CONNECTING STOCKTON: THE CALIFORNIA STREET MULTIMODAL

CORRIDOR PROJECT

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

Summary
In December 2022, the Department of Transportation (DOT) published the Notice of Funding Availability (NOFA) for the federally funded Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant. Funds for the Fiscal Year 2023 RAISE Grant program will be awarded on a competitive basis for surface transportation infrastructure projects that will improve safety, environmental sustainability, quality of life, mobility, and community connectivity. The California Street Multimodal Corridor project is a strong candidate for the RAISE Grant and is “shovel ready” in that California Environmental Quality Act (CEQA) clearance and design are complete.

On February 23, 2023, the Public Works Department, with support from the Economic Development Department and City Manager’s Office, submitted an application in the amount of $25 million for the California Street Multimodal Corridor project. The NOFA for the RAISE Grant contained an aggressive application submittal deadline. Staff worked diligently across departments to submit the application and not miss the funding opportunity. Staff recommends a motion be approved to ratify submittal of the RAISE Grant to the DOT for Connecting Stockton: The California Street Multimodal Corridor project.

DISCUSSION
Background
Connecting Stockton: The California Street Multimodal Corridor project, also known as the California Street Road Diet, Project No. WT18005 will implement lane reductions and install Class II, III, and IV bicycle facilities as part of the improvements (Attachment A - Vicinity Map). The project stretches over approximately four miles and will transform California Street into a “complete street” as envisioned in the City’s Bicycle Master Plan. A complete street accommodates multiple modes of transportation, City of Stockton Printed on 3/15/2023Page 1 of 2
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File #: 23-0272, Version: 1
such as vehicles, bicycles, pedestrians, and mass transit. The project will include full roadway rehabilitation that includes lane reductions, installation of bicycle facilities, upgraded curb ramps, crosswalks, significant sidewalk replacement, and signal modifications at all signalized intersections.

The project was included in the 2018-23 and 2019-24 Five-Year Capital Improvement Plans (CIP).

The Public Works Department has submitted prior grant applications for the California Street Multimodal Corridor project totaling $10,853,500 in funding for design and construction. Additional funding is needed to complete the project and add other mobility, sustainability, and safety features to provide a complete roadway transformation.

In December 2022, the DOT published the NOFA for the federally funded RAISE Grant. Funds for the Fiscal Year 2023 RAISE Grant program will be awarded on a competitive basis for surface transportation infrastructure projects that will improve safety, environmental sustainability, quality of life, mobility, and community connectivity. The California Street Multimodal Corridor project is a strong candidate for the RAISE Grant and is “shovel ready” in that CEQA clearance, and design are complete. On February 23, 2023, the Public Works Department, with support from the Economic Development Department and City Manager’s Office, submitted an application in the amount of $25 million for the California Street Multimodal Corridor project.

Present Situation
The NOFA for the RAISE Grant contained an aggressive application submittal deadline. Staff worked diligently across departments to submit the application and not miss the funding opportunity. Staff recommends a motion be approved to ratify submittal of the RAISE Grant to the DOT for Connecting Stockton: The California Street Multimodal Corridor project.

In the event the RAISE Grant application is not successful, the project will move forward with a reduced scope of improvements that eliminates full roadway and sidewalk rehabilitation efforts to constrain the project to the existing $10 million budget.

FINANCIAL SUMMARY
$10,416,500 in non-federal funding will leverage the City of Stockton’s request for $25 million in Fiscal Year 2023 RAISE Grant funds to build the project. The Public Works Department has submitted prior grant applications for the project, totaling $10,853,500 in funding for design and construction.

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

Attachment A - Vicinity Map
City of Stockton Printed on 3/15/2023Page 2 of 2
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VICINITY MAP

NOTTO SCALE
LEGEND

PROJECT LIMITS

CALIFORNIA STREET ROAD DIET
PROJECT NO. PW 1805

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
165
City of Stockton
Legislation Text
File #: 23-0141, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE CITYWIDE TREE REMOVAL AND STUMP GRIND

PROJECT

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

1. Approve the Notice of Exemption No. NOE34-22 under the California Environmental Quality Act for the Citywide Tree Removal and Stump Grind, Project No. WD22053.

2. Approve the specifications for the Citywide Tree Removal and Stump Grind, Project No.

WD22053.

3. Award a Service Contract in the amount of $267,817.50 to Rancho Tree Service of Bakersfield, CA, for the Citywide Tree Removal and Stump Grind, Project No. WD22053.

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

Summary
The Citywide Tree Removal and Stump Grind project will remove 435 City-owned trees and four stumps at various locations Citywide (Attachments A and B). This project will remove trees in preparation for the upcoming Citywide Sidewalk Repair, Project No. WD22053.

On December 1, 2022, the City received nine bids for this project. Staff recommends award of the Service Contract to the lowest responsive bidder, Rancho Tree Service, in the amount of $267,817.50. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE34-22 under the California Environmental Quality Act (CEQA) and approving the specifications for the project. Construction is anticipated to begin in spring 2023 and be completed by late fall 2023, weather permitting.

DISCUSSION
Background
The City maintains approximately 780 centerline miles of streets, most of which contain curbs, gutters, and sidewalks. Prior to 1968, the adjacent property owner was responsible for all maintenance of the curbs, gutters, and sidewalks, in accordance with the Streets and Highways Improvement Act of 1911. In 1968, Council revised the Stockton Municipal Code (SMC) to assume responsibility for repairs to all curbs, gutters, and sidewalks in cases where the damage is caused by City-owned or controlled trees (prior SMC 12.04.040).

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The City regularly receives requests to repair curbs, gutters, and sidewalks and the installation of curb ramps. Each request is evaluated to determine whether the repair is the City's responsibility. If repairs are warranted, the location is added to a database for future permanent repairs. For sidewalk locations needing immediate correction, the temporary repair is made using asphalt concrete material to patch the displaced area and remove the tripping hazard. Permanent repairs are made as funding becomes available and are prioritized in chronological order based on the date of the original service request.

Permanent repairs of curbs, gutters, and sidewalks damaged by a City-owned tree, including tree root trimming as needed, involve the complete removal and replacement of concrete. A determination is made to preserve the adjacent City-owned tree causing the damage or remove it. The City tries to preserve existing trees where feasible, and each tree is evaluated on a case-by-case basis. The evaluation includes the following:
· Tree's existing health;
· Ability to trim roots without negatively impacting the tree's health and/or compromising its structural integrity; and
· Feasibility of modifying the sidewalk from typical design standards to leave the tree as-is, without trimming roots.

Preservation of the tree increases the probability that sidewalk damage will re-occur. There is an inherent conflict between preserving the City-owned trees and reducing the inventory of tree- damaged sidewalks, curbs, and gutters.

After completion of the Citywide Tree Removal and Stump Grind project, which will remove 435 City- owned trees and four stumps at 275 locations, the City will proceed with advertising a Citywide Sidewalk Repair project. This upcoming project is anticipated to remove and replace concrete at approximately 420 locations Citywide.

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

Present Situation
On November 9, 2022, the Citywide Tree Removal and Stump Grind, Project No. WD22053, was advertised for bids. On December 1, 2022, nine bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Rancho Tree Service $267,817.50 $267,817.50
(Bakersfield, CA)
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Nate's Tree Service, Inc. $339,441.00 $339,441.00
(Sonora, CA)
P31 Enterprises, Inc. $387,496.56 $387,496.56
(Oroville, CA)
West Coast Arborists, Inc. $398,900.00 $390,922.00
(Stockton, CA)
The Professional Tree Care Co. $530,325.00 $530,325.00
(Berkeley, CA)
Joe’s Landscaping & Concrete $575,200.00 $575,200.00
(Newman, CA)
Mountain F Enterprises, Inc. $598,027.00 $598,027.00
(Folsom, CA)
Bay Area Tree Specialists $698,980.00 $698,980.00
(San Jose, CA)
Mariposa Tree Management, Inc. $1,341,350.00 $1,341,350.00 (Irwindale, CA)
Engineer's Estimate $498,500.00
The contract will be awarded based on the lowest responsive bid received. The requirements of SMC section 3.68.090, Local Business Preference, apply to this project. West Coast Arborists, Inc. is located within the County and is entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section

3.68.095, also applies to this contract.

The bid from Rancho Tree Service, the lowest responsive bidder, is regular in all respects. Rancho Tree Service has the proper license to perform the work. Staff recommends Council approve the specifications for the project and award a Service Contract to Rancho Tree Service of Bakersfield, CA, in the amount of $267,817.50.

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

NOE34-22 under CEQA. Construction is anticipated to begin in spring 2023 and be completed by late fall 2023, weather permitting.

FINANCIAL SUMMARY
Council approved discretionary funding in the amount of $4,000,000 on May 3, 2022, by Resolution No. 2022-05-03-0903, and appropriated funding to the Citywide Sidewalk Repair, Project No.

WD22053.

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There is sufficient funding for Citywide Sidewalk Repair, Project No. WD22053, Account No. 4570- 000-800007-300-301-30-45-4570-000, to award a Service Contract to Rancho Tree Service in the amount of $267,817.50.

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

Attachment A - Project Location Map
Attachment B - Project Location List
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HAMMER LNHAMMER LN

BEN HOLT DR

ELDORAD
O
ST
W
ILSON
W
Y

MARCH LN

WATERLOO RD

FREMONT ST

MARIPOSA
RD

AIRPORT WY

DR MLK JR BL

MAIN ST

EIGHT MILE RD

DAVIS RD

THORNTON
RD

LOWERSACTO
RD

WEST LN

PARK ST

PACIFIC AV

THORNTON RD

DAVIS RD

GATEWAY

CHEROKEE RD

ROBERTS RD

EIGHTH ST

MORADA LN

PACIFIC AV

PERSHING AV

ALPINE AV

WEST LN

HARDING WY

EL DORADO ST
CALIF
ST

CENTER ST
HO
LM
AN
RD
TRINIT
Y
PK

LOWER SACTO RD

CHARTER WY
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0 0.75 1.5 2.25 30.375
Miles
LEGEND
!( Tree Removal Locations
!( Stump Removal Locations
Parks
Public Schools
Citywide Tree Removal and Stump Grind,
Project No. WD22053

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
170
Citywide Tree Removal and Stump Grind, Project No. WD22053 No. Address Tree Removal (EA.) Stump Removal (EA.) >10"-16" dbh >16"-20" dbh >20"-24" dbh >24"-28" dbh >28"-32" dbh >32"-38" dbh >38" dbh Notes 1 1627 and 1705 S Center St 1 1 24"
2 2616 Otto Dr 5 2 1 2 18", 20", 24", 26", 26"
3 1708 School Av 6 4 1 1 10", 14", 14", 14", 22", 36"
4 Claremont Av & W Jamestown St 8 7 1 8", 8", 8", 12", 13", 14", 16", 17" 5 946 N Orange St 1 1 36"
6 6104 Glenbrook Ln 1 1 28"
7 1401 W Elm St 4 2 1 1 16", 18", 21", 29"
8 709 N Stockton St 2 1 1 10", 24"
9 3150 Appling Ci 2 2 26", 28"
10 328 E Cleveland St 2 1 1 15", 20"
11 620, 624, 636 W Vine St 2 2 23", 23"
12 211 & 212 E Mayfair Av 2 1 1 27", 31"
13 3826 West Creek Dr 1 1 36"
14 2619 Winslow Wy 1 1 24"
15 1633 W Walnut St 2 2 22", 22"
16 719 Diane Av 1 1 24"
17 1607 and 1624 W Regal St 3 3 24", 24", 24"
18 6039 Carolina Ci 2 2 14", 14"
19 1829 W Rose St 1 1 16"
20 116, 122 and 136 W Third St 3 2 1
122 & 136 Third St
8", 16"
116 Third St
18"
21 1205 S Hunter St 1 1 1 18", 24"
22 717 W Harding Wy 2 2 6", 12"
23 111 W Sonoma Av 1 1 18"
24 1629 Seward Wy 2 2 24", 24"
25 1004 W Park St 1 1 32"
26 3235 Meade Dr 4 4 18", 18", 18", 18"
27 1221 W Acacia St 2 2 14", 14"
28 1125 W Acacia St 1 1 16"
29 546 E Robinhood Dr 2 1 1 30", 36"
30 3326 Timberlane Dr 1 1 24.5"
31 810 S Tuxedo Av 2 2 24", 24"
32 2488 E Market St 1 1 18"
33 2731 N California St 1 1 14"
34 2705 Country Club Blvd 3 2 1 16", 16", 18"
35 2388 N California St 1 1 11"
36 1302 W Acacia St 1 1 28"
37 1045 N San Jose St 2 1 1 12", 18"
38 65 N Commerce St 2 2 26", 28"
39 44 W Fourth St 2 1 1 10", 19"
40 6724 Fredericksburg Pl 4 2 1 1 10", 16", 24", 30"
41 1602 Venetian Dr 3 3 16", 16", 16"
42 1312 W Rose St 1 1 18"
43 815 W Willow St 1 1 18"
44 329 W Walnut St 3 3 8", 10", 11"
45 404 N American St 3 1 2 18", 24", 24"
46 701 N Madison St 2 1 1 20", 36"
47 1155 W Vine St 3 1 2 18", 30", 30"
48 305 S Locust St 3 3 14", 14", 14"
49 1145 W Acacia St 1 1 24"
50 636 E Lindsay St 1 1 24"
51 911 E Banbury Dr 1 1 18"
52 821 W Poplar St 1 1 1 16", Stump removal 14"
53 419 W Flora St 1 1 12"

Page 1 of 5 ends

ATTACHMENT B
171
Citywide Tree Removal and Stump Grind, Project No. WD22053 No. Address Tree Removal (EA.) Stump Removal (EA.) >10"-16" dbh >16"-20" dbh >20"-24" dbh >24"-28" dbh >28"-32" dbh >32"-38" dbh >38" dbh Notes 54 1847 S San Joaquin St 2 2 21", 21"
55 2309 Segarini Wy 1 1 24"
56 1232 Hutchinson Av 1 1 24"
57 9038 Stonewood Dr 1 1 18"
58 311 E Market St 5 4 1 8", 10", 14", 14", 18"
59 344 Della St 6 5 1 24", 24", 24", 24", 24", 60"
60 8243 Onyx Ct 1 1 24"
61 8249 Onyx Ct 1 1 24"
62 1427 N Van Buren St 1 1 13"
63 1830 N Edison St 1 1 22"
64 224 S Sutter St 2 2 16", 14"
65 1824 S California St 1 1 15"
66 1029 W Park St 1 1 16"
67 1164 W Mendocino Av 2 1 1 24", 30"
68 33 W Pine St 1 1 34"
69 421 Regent N St 1 1 18"
70 715 W Los Felis Av 1 1 34"
71 1948 Santa Fe Dr 1 1 38"
72 5478 Governor Ci 2 2 12", 16"
73 622 E Worth St 1 1 13"
74 1458 San Juan Av 1 1 18"
75 2661 Crafton Wy 1 1 36"
76 1641 E Eighth St 1 1 13"
77 215 E Monterey Av 1 1 17"
78 1534 E Eighth St 1 1 36"
79 1530 E Eighth St 1 1 30"
80 2631 Dwight Wy 1 1 18"
81 8352 Diana Marie Dr 1 1 16"
82 4121 Antioch Wy 2 1 1 20", 24"
83 1145 W Flora St 1 1 28"
84 8351 N El Dorado St 1 1 16"
85 2951 Appling Ci 1 1 14"
86 238 E Church St 1 1 18"
87 936 W Magnolia St 1 1 20"
88 2108 W Rose St 1 1 18"
89 427 E Mariposa Av 1 1 11"
90 2435 Myrtle St 2 1 1 32", 18"
91 1604 E Harding Wy 3 3 18", 18", 18"
92 2355 E Lafayette St /2369 1 1 30"
93 528 S American St 1 1 20"
94 2545 Tamarisk Av 1 1 36"
95 1230 E Worth St 1 1 21"
96 3002 N Sutter St 2 1 1 12", 24"
97 2404 Allston Wy 1 1 38"
98 5464 Governor Ci 1 1 16"
99 4126 Crown Av 1 1 30"
100 128 E Clay St 2 1 1 30", 24"
101 548 E Fifth St 2 1 1 18", 28"
102 921 W Ponce De Leon Av 2 1 1 18", 24"
103 2311 N Hunter St 1 1 20"
104 6009 Glenbrook Ln 1 1 24"
105 615 W Vine St 1 1 12"
106 1661 W Poplar St 2 2 20", 18"
107 226 E Arcade St 1 1 13"
108 1014 Sunnyoak Wy 1 1 24"
109 2056 Lucerne Av 1 1 32"

Page 2 of 5 ends

ATTACHMENT B
172
Citywide Tree Removal and Stump Grind, Project No. WD22053 No. Address Tree Removal (EA.) Stump Removal (EA.) >10"-16" dbh >16"-20" dbh >20"-24" dbh >24"-28" dbh >28"-32" dbh >32"-38" dbh >38" dbh Notes 110 1893 W Harding Wy 3 3 14", 14", 14"
111 5818 Brush Creek Dr 1 1 24"
112 446 Tuxedo N Av 1 1 14"
113 1405 Channel St 4 2 1 1 11",15",24",26"
114 832 E First St 1 1 20"
115 205 E Bianchi Rd 1 1 17"
116 3575 Mill Springs Dr 1 1 24"
117 535 N Edison St 2 1 1 14", 20"
118 3211 Bixby Wy 2 1 1 16", 20"
119 6 N F St 1 1 32"
120 504 Northbank Ct 96 1 1 24"
121 1023 Melbourne Av 1 1 24"
122 5405 N Pershing Av 4 1 3 12", 24", 24", 24"
123 1029 W Fremont St 1 1 26"
124 1617 N El Dorado St 1 1 10"
125 2270 E Swain Rd 1 1 18"
126 1038 N Commerce St 2 1 1 18", 24"
127 3509 Stone River Ci 1 1 18"
128 432 N Grant St 7 7 10", 10", 11", 13", 12", 16", 11" 129 1551 W Willow St 1 1 26"
130 1045 W Oak St 1 1 16"
131 1871 W Willow St 1 1 26"
132 408 Tuxedo N Av 1 1 11"
133 57 E Geary St 1 1 17"
134 1020 W Willow St 2 2 18", 20"
135 546 E Pine St 1 1 24"
136 2269 Peralta Av 1 1 18"
137 3405 Courage Ct 1 1 30"
138 1826 Westmora Av 1 1 17"
139 9567 Thornton Rd 2 1 1 18", 24"
140 49 W Yokuts Av 1 1 18"
141 4322 Inlet Rd 1 36"
142 10624 Pleasant Valley Ci 1 1 24"
143 8718 Blue Grass Dr 1 1 16"
144 1202 School Av 1 1 14"
145 6038 Cresenda Av 1 1 24"
146 128 W Walnut St 2 1 1 17", 24"
147 250 W Jackson St 3 1 2 20" ,18" ,16"
148 620 N Aurora St 8 8 10",11", 12", 13", 13", 13", 15", 16" 149 745 N Baker St 2 2 11", 11"
150 204 E Bianchi Rd A20 2 2 36", 38"
151 460 W Walnut St 1 1 24"
152 26 E Wyandotte St 1 1 14"
153 2263 E Lafayette St / 2255 3 3 10", 10", 11"
154 1751 Greeley Wy 1 1 16"
155 1932 W Acacia St 1 1 24"
156 536 W Rose St 3 2 1 18",20",24"
157 1732 W Flora St 1 12"
158 1601 W Harding Wy 4 2 2 24", 24", 14", 14"
159 1655 E Main St 1 1 24"
160 27 Glendora Av 1 1 32"
161 1320 W Park St 1 1 20"
162 3319 N Pershing Av 2 1 1 24", 20"
163 760 Sutherland Dr 2 1 1 18", 30"
164 8849 Littleoaks Wy 1 1 58"
165 1234 Briarwood Wy 1 1 19"

Page 3 of 5 ends

ATTACHMENT B
173
Citywide Tree Removal and Stump Grind, Project No. WD22053 No. Address Tree Removal (EA.) Stump Removal (EA.) >10"-16" dbh >16"-20" dbh >20"-24" dbh >24"-28" dbh >28"-32" dbh >32"-38" dbh >38" dbh Notes 166 601 W Vine St 1 1 20"
167 1556 W Willow St 1 1 24"
168 1130 Pinchot St 1 1 10"
169 10744 Beachcomber Dr 1 1 16"
170 430 E Market St 2 2 12", 13"
171 1873 Monte Diablo Av 1 1 24"
172 1731 Fontanella Wy 1 1 12"
173 405 S Argonaut St 2 2 18", 20"
174 9662 Apple Blossom Wy 1 1 24"
175 1640 W Willow St 1 1 18"
176 1106 N Van Buren St 1 1 19"
177 901 S Harrison St 1 1 28"
178 1170 W Elm St 2 2 18", 20"
179 680 W Alpine Av 1 1 30"
180 1317 Perry Av 2 2 30", 30"
181 9512 Fairhaven Dr 1 1 14"
182 947 W Harding Wy 2 2 18", 20"
183 1256 Chaparral Wy 3 1 1 1 20", 14", 22"
184 685 Central N Av 1 1 18"
185 2270 E Washington St 1 1 18"
186 2205 E Washington St 1 1 18"
187 2690 Kensington Wy 1 1 16"
188 6926 Sumter Quay Ci 1 1 24"
189 2717 Cypress Av 1 1 24"
190 707 N Monroe St 2 1 1 20", 27"
191 241 E Adams St 1 1 18"
192 1828 Elizabeth Av 1 1 28"
193 1043 N Stockton St 1 1 30"
194 2020 Allston Wy 1 1 24"
195 825 W Elm St 1 1 17"
196 721 W Elm St 1 1 15"
197 2061 S Pilgrim St 1 1 36"
198 2137 S Sacramento St 1 1 36"
199 4024 Windemere Wy 1 1 24"
200 635 W Willow St 1 1 24"
201 245 W Magnolia St 3 3 16", 16", 16"
202 1040 W Poplar St 1 1 18"
203 4303 Christian Life Wy 5 5 12", 13", 11", 13", 11"
204 2480 E Sonora St 2 1 1 30", 24"
205 2333 E Church St 1 1 20"
206 4573 Winding River Ci 1 1 17"
207 9107 Don Av (9111 Don Ave) 1 1 20"
208 862 W Sonoma Av 1 1 18"
209 1876 Lucerne Av 2 2 30", 30"
210 1860 Lucerne Av 1 1 24"
211 1866 Lucerne Av 2 2 12", 12"
212 4750 N Pershing Av 1 1 24"
213 819 E Anderson St 1 1 18"
214 919 W Rose St 2 1 1 14", 24"
215 1441 Argonne Dr 2 2 14", 15"
216 2325 E Church St 1 1 11"
217 2619 W Acacia St 1 1 30"
218 2904 Kensington Wy 4 1 3 24", 24", 24", 18"
219 5740 Kermit Ln 1 1 24"
220 5748 Kermit Ln 1 1 24"
221 1929 William Moss BL 1 1 20"

Page 4 of 5 ends

ATTACHMENT B
174
Citywide Tree Removal and Stump Grind, Project No. WD22053 No. Address Tree Removal (EA.) Stump Removal (EA.) >10"-16" dbh >16"-20" dbh >20"-24" dbh >24"-28" dbh >28"-32" dbh >32"-38" dbh >38" dbh Notes 222 520 W Walnut St 4 3 1 10", 10", 12", 22"
223 1132 Lever BL 1 1 10"
224 1244 N Airport Wy 1 1 18"
225 1133 W Harding Wy 3 2 1 12", 18", 24"
226 1333 N Baker St 1 1 36"
227 1112 W Willow St 1 1 30"
228 3626 Portsmouth S Ci 1 1 16"
229 645 W Rose St 2 2 12", 14"
230 29 Dunmar Ln 1 1 24"
231 406 Leslie Av 1 1 36"
232 1177 Oxford Wy 1 1 20"
233 620 E Fourth St 1 1 15"
234 2218 E Church St 1 1 48"
235 1663 E Main St 2 2 25", 25"
236 1006 S Madison St 1 1 18"
237 1405 W Euclid Av 1 1 24"
238 429 E Lancaster Dr 1 1 30"
239 420 E Canterbury Dr 1 1 30"
240 423 E Canterbury Dr 1 1 30"
241 343 E Lancaster Dr 1 1 48"
242 526 El Camino Av 1 1 30"
243 8228 West Ln 1 1 18"
244 102 W Mayfair Av 1 1 30"
245 2019 N Center St 1 1 24"
246 822 Highmoor Av 1 1 24"
247 2425 Montclair St 1 1 24"
248 6838 Wilderness Ct 1 1 42"
249 2370 Fairway Glen St 1 1 18"
250 1444 N Baker St 4 4 18",18",18",18"
251 10098 River Falls Ci 1 1 24"
252 1815 N San Joaquin St 2 2 30", 30"
253 2271 E Lafayette St 2 2 15", 15"
254 4443 Sturgeon Rd 5 1 2 2 24",24",18",18"14"
255 5408 Governor Ci 2 2 10", 12"
256 1654 W Harding Wy 2 1 1 24",20"
257 819 N Yosemite St 1 1 28"
258 1760 N Hunter St 1 1 20"
259 3525 Horner Av 1 1 18"
260 1232 E Market St 1 1 18"
261 1831 Michigan Av 1 1 25"
262 9114 Sandringham Ct 1 1 18"
263 426 Don Carlos Av 1 1 24"
264 1228 W Willow St 1 1 18.5"
265 412 Pomona Av 2 1 1 15", 18"
266 322 E Arcade St 1 1 18"
267 1267 W Elm St 1 1 30"
268 1531 W Willow St 1 1 24"
269 1139 S California St 1 1 28"
270 2279 Myrtle St 1 1 24"
271 2815 Marsh St 2 2 12", 16"
272 22 W Adams St 1 1 28"
273 104 E Market St 1 1 15"
274 2404 Alma Av 2 2 24", 24"
275 1930 Santa Fe Dr 1 1 36"
Totals 435 4 144 109 98 25 35 19 5

Page 5 of 5 ends

ATTACHMENT B
175
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AP PROVING THE NOTICE OF EXEMPT ION NO. NOE34-22,

APPROVING THE SPECIFICATIONS, AND AWARDING A SERVICE CONTRACT FOR THE CITYWIDE TREE REMOVAL AND STUMP GRIND, PROJECT NO. WD22053

On December 1, 2022, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Citywide Tree Removal and Stump Grind, Project No. WD22053; and

The project will remove 435 City-owned trees and four stumps at 275 locations Citywide; and

Rancho Tree Service is the lowest responsive bidder in the amount of $267,817.50, and its bid is regular in all respects; and

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under s ection 15301 (c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE34-22 under the CEQA for the Citywide Tree Removal and Stump Grind, Project No. WD22053, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the specifications for the Citywide Tree Removal and Stump Grind, Project No. WD22053.

3. The City Council awards a Service Contract between the City of Stockton and Rancho Tree Service , in the amount of $ 267,817.50, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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176

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

PASSED, APPROVED, and ADOPTED March 21, 2023 .

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

____________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton

177
EXHIBIT 1
178

Local Construction Contract – RANCHO TREE SERVICE –PROJECT NO. WD22053 (Updated 07/12/22)

CONSTRUCTION CONTRACT

This c ontract is made and entered into on _____________, by and between RANCHO TREE SERVICE, a ( STATE OF CALIFORNIA CORPORATION), with a business address at 4700 STOCKDALE HIGHWAY STE. 100, BAKERSFIELD, CA 93309, h ereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."

W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of CITYWIDE TREE REMOVAL AND STUMP GRIND (PROJECT NO. WD22053) , hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

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

CONTRACTOR agrees:

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

2. COMPENSATION. To do an d perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $267,817.50, or as otherwise mutually agreed to in a Contract Change Order.

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

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It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum i nsurance coverage requirements and/or limits shall be available to the Additional Insured.

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

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

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

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

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

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

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

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

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

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity

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and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

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

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

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

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

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

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parties that this reimbursement provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

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

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

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

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

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

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

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

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6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 120 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is t herefore agreed that CONTRACTOR will pay to CITY the sum of SIX HUNDRED TWENTY AND NO/100 DOLLARS ($620.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

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

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

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

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Local Construction Contract – RANCHO TREE SERVICE –PROJECT NO. WD22053 (Updated 07/12/22)

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

a. TITLE VI

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

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

b. DISCRIMINATION AND HARASSMENT POLICY

The City of Stockton has a Discrimination and Harassment Policy ( Exhibit C). The purpose of this pol icy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

c. LABOR STANDARDS PROVISIONS/CALIFORNIA L

ABOR CODE

The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.

d. PREVAILING WAGE

CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs

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authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to e nsure that the prevailing wage rates of concern is current and paid to the employee.

i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPR
L/pwd/Determinations/Northern/Northern.pd
f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.

ii. S
hould the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.

iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Complianc e Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

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iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to ad minister and conduct apprenticeship programs, if applicable to the job.

e. LOCAL EMPLOYMENT ORDINANCE

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

3.68.095.

f. SANCTIONS

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.

CITY agrees:

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

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

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

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

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

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

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

CON
TRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during norm al business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.

CONTRACTOR further agrees to maintain such records for a period of three (3) year s after final payment under the contract.
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EXHIBIT 2
188

CITYWIDE TREE REMOVAL AND STUMP GRIND
PROJECT NO. WD22053

BIDDING SCHEDULE
Each bidder shall bid each item, including all alternate bld(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.

Item Description DBH (in) Unit Quantity Unit price Total Price 1 Mobilization LS 1 4,4 oo. 06 4, Yoo .oo
2 Traffic Control LS 1 .o 1-.7,oao,oo
Tree and stump removal including void
>10" to3 filling and all associated work. C'>" = EA 144 357. Sd S"i, 4�"0,6c trunk diameter at breast height 16" dbh lDBH) that is areater than)
Tree and stump removal including void
filling and all >16" to 41P1 5c, 5o /:Y $7. so4 associated work. (">" = trunk diameter 20" dbh EA 109 at breast height
(DBH) that is areater than}
Tree and stump removal including void
filling and all >20" to 5w, s1s, aci 5 associated work. (">" = trunk diameter 24" dbh EA 98 5,7. �o at breast height
(DBH) that is areater than)
Tree and stump removal including void
filling and all >24" to6 associated work. {">" = trunk diameter 28" dbh EA 25 17000 i "'I I 2-S t> ✓ oo at breast height
<DBH) that is areater than)
Tree and stump removal including void
filling and all >28" to 980.ro 301 lf'oo oo 7 associated work. (">" = trunk diameter 32" dbh EA 35 at breast height
·-- '.; that is areater than)
Tree and stump removal including void
filling and all >32" to8 associated work. (">" = trunk diameter 38" dbh EA 19 Cf'fo.oo l'81 'r!to.oo at breast height
(DBH) that is areater than)
Bid Forms Last Revised 12/31/20

EXHIBIT A

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Item
9 10
11 Description OBH (in) Unit Quantity Unit price Total Price Tree and stump removal including void
filling and all
associated work. (">" = trunk diameter >38" dbh EA 5 II sZo. DO (t;>, &oo.Qoat breast height (DBH} that is areater than)
Stump removal including void filling
and all associated
work. (">" trunk diameter widest point EA 4 32_;'5 ,66 1.300. 06where stump goes into ground
that is greater than)
Turf Replacement and all associated SF 50 12.so {.pz_.5 DO work TOTAL Btif "L.(p 7, q; 17,, 50
BIDDER'S NAME Rancho Tree Service
Bid Forms Last Revised 12/31/20

EXHIBIT A

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BIDDER CERTIFICATION
The undersigned agrees that if this bid is accepted, he/she will contract with the City of Stockton in the form of contract attached hereto to perform all of the work in accordance with the contract and the drawings, specifications, and other documents incorporated therein; that he/she will take in full payment therefor, and for all other obligations assumed under the contract, the prices set forth in the following bid schedule except as otherwise provided in the specifications; and that he/she will execute such contract and furnish the required contract bonds in the manner and within the time provided in the bidding requirements and conditions. The undersigned further agrees that he/she has carefully examined the site of the work and the bid documents and any addenda thereto, and is fully informed of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work; that the only parties interested in this bid as principals are those named herein and that this bid is made without collusion with any other party; and that this bid is submitted in all respects in accordance with the bidding requirements and conditions and all other requirements of the bid documents.

A BID GUARANTY ACCOMPANIES THIS BID IN THE FORM OF: (Check one of the following) □ □ □
IX]
Cash, or
Cashier's check, or
Certified check payable to City of Stockton, or
Bidder's bond in favor of the City.

For any amount not less than ten percent (10%) of the aggregate of the bid.

ALSO ACCOMPANYING THIS BID ARE THE FOLLOWING ATTACHMENTS, PROPERLY EXECUTED AND SIGNED:

1. List of Subcontractors

2. Non-Collusion Declaration

3. DIR Self-Certification

4. Title VI Self-Certification

5. Local Employment Ordinance Acknowledgement

6. Local Business Preference Acknowledgement

THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS
Rancho Tree Service 661-735-7312 82-4056778
Name of Firm Phone
4700 Stockdale Highway Ste 100 Bakersfield CA
Tax 1.0. No.
93309
Address
955479
Contractor Lie. No. & Classification
City State Zip
09/30/2024
Expiration Date
NOTE - State law requires bidders on public agency contracts to include on their bid: (1) their State contractors license number, (2) the license expiration date, and (3) a statement that the representations made therein are made under penalty of pe1ury. The law further states that "Any bid not containing this information, or bid containing information which is substantially proven false shall be considered non-responsive and shall be rejected by the public agency."

THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY i (Nov 231 2022 13:11 PST)
Signature
Bid Forms

BIDDER SIGN
<= HERE Ed Martinez, Vice President
Title
Last Revised 12/31 /20

EXHIBIT A

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Exhibit B:

Insurance Requirements
(Tree Services)
Contra
ctor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOP

E AND LIMIT OF INSURANCE
Covera
ge shall be at least as broad as:

1. Commercia
l 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. Autom
obile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if contractor provides written verification it has no employees)
If the
Contractor 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 Ins
urance Provisions
The ins
urance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insure d 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

EXHIBIT B

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

EXHIBIT B

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Self -Insured Retentions
Sel
f-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.

Verification of Coverage
Cont
ractor 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.

Special Risks or Circumstances

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REV 2022-05-17
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.

Certi
ficate Holder Address
The
address for mailing certificates, endorsements and notices shall be:

City
of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

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

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

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

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

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BOND FO

R FAITHFUL PERFORMANCE
KNOW
ALL MEN BY THESE PRESENTS:

That we, _______ ________________________, a ( STATE OF CALIFORNIA CORPORATION), as Principal and
, a corp oration, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of TWO HUNDRED SIXTY-SEVEN THOUSAND EIGHT HUNDRED SEVENTEEN AND 50/100 DOLLARS ($267,817.50), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

CITY

WIDE TREE REMOVAL AND STUMP GRIND
(PROJECT NO. WD22053)
NOW
, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond,

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and cons
ent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on

APPROVED
AS TO SURETY: By:

PRINCI PAL

SURET Y
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATT ORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY

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BOND FO

R LABOR AND MATERIAL
KNOW
ALL MEN BY THESE PRESENTS:

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

TWO HUNDRED SIXTY -SEVEN THOUSAND E IGHT H UNDRED SEVENTEEN AND 50/100 DOLLARS ($267,817.50), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be m ade to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

CITY

WIDE TREE REMOVAL AND STUMP GRIND
(PROJECT NO. WD22053)
NOW
, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on

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this
bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

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

SIGNED AND SEALED on .

APPROVED
AS TO SURETY: By:

PRINCI PAL

SURET Y
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATT ORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY

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City of Stockton
Legislation Text
File #: 23-0017, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE HSIP 9 - INSTALL SIDEWALK AND MEDIAN FENCING ALONG DR. MARTIN LUTHER KING JR. BOULEVARD PROJECT

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

1. Approve Notice of Exemption No. NOE10-22 under the California Environmental Quality Act for the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr.

Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186).

2. Approve the plans and specifications for the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL- 5008(186).

3. Appropriate funds in the amount of $11,000 from the Measure K Maintenance Fund Balance to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186).

4. Appropriate additional Highway Safety Improvement Program funds in the amount of $97,470 to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr.

Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186).

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

Summary
The project will improve pedestrian safety by preventing unsafe jay walking on Dr. Martin Luther King Jr. Boulevard by installing approximately 500-feet of median fencing at Aurora Street (Attachment A - Vicinity Map). The project was included in the 2021-26 Five-Year Capital Improvement Plan (CIP).

On November 3, 2022, the City received four bids for this project. Staff recommends award of the Construction Contract to the lowest responsible bidder, United Pavement Maintenance, Inc., in the amount of $538,159.85. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE10-22 under the California Environmental Quality Act (CEQA) and approving the City of Stockton Printed on 3/15/2023Page 1 of 4
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plans and specifications for the project.

To fully fund the construction of the project, staff recommends appropriating funds in the amount of $11,000 from the Measure K Maintenance Fund Balance and $97,470 in Highway Safety Improvement Program (HSIP) funds to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr.

Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186).

Construction is anticipated to be completed by December 2023.

This project is federally funded and is subject to federal Disadvantaged Business Enterprise (DBE) requirements.

DISCUSSION
Background
HSIP is a federal-aid program that provides funding for projects to reduce the frequency and severity of collisions by improving roadway conditions. Dr. Martin Luther King Jr. Boulevard is an east-west arterial roadway that connects Interstate 5 and State Route 99. This corridor is heavily traveled and runs through a disadvantaged community. The City was granted federal funds to install sidewalk/pathway improvements along Dr. Martin Luther King, Jr. Boulevard at South Aurora Street and install pedestrian median fencing along Dr. Martin Luther King Jr. Boulevard. The project was included in the 2021-26 Five-Year CIP.

This particular location along Dr. Martin Luther King Jr. Boulevard was identified following an evaluation of collision data in the City and showed a higher probability of pedestrian collisions due to jay walking. The installation of approximately500-feet of median fencing along Dr. Martin Luther King Jr. Boulevard at Aurora Street will improve pedestrian safety by preventing jay walking and unsafe mid-block crossing. The project will also include adding guardrail, signage, pavement markings, safety lighting, and replacing curb ramps.

Since the project is funded with federal transportation dollars, DBE program rules apply. DBE rules require that the prime contractor either meet a calculated project specific DBE participation goal or undertake and document good faith efforts to do so. If the apparent low bidder does not meet the project goal, a Good Faith Efforts Evaluation must be made examining several specific factors.

Failure to meet the goal or provide evidence of adequate good faith efforts are grounds for rejecting the bidder as non-responsive.

A DBE is a socially and economically disadvantaged small business owned by a woman or by a specified ethnic group that has been properly certified by Caltrans. These groups include:
· African American
· Asian Pacific American
· Native American
· Women
· Hispanic American
· Subcontinent Asian American
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A DBE goal of 11 percent was established for this project. The goal was calculated by examining the breakdown of the types of work to be performed and the availability of certified DBE companies in our market area to perform the work. A pre-bid meeting was held on October 18, 2022, to emphasize the DBE requirements and to provide information on how to meet the project DBE goal.

The federal HSIP funding restrictions prohibit the use of the Local Employment Ordinance (Stockton Municipal Code (SMC) section 3.68.095) and the Local Business Preference Ordinance (SMC section 3.68.090).

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project as federal regulations prohibit the use of such agreements.

Present Situation
On October 6, 2022, the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186), was advertised for bids.

On November 3, 2022, four bids were received with the following results:

COMPANY NAME

BID AMOUNT
United Pavement Maintenance, Inc. (Hughson, CA) $538,159.85 FBD Vanguard Construction, Inc. (Livermore, CA) $554,842.10 Dirt Dynasty, Inc. (Farmington, CA) $588,585.30
George Reed, Inc. (Modesto, CA) $626,151.40
Engineer’s Estimate $448,347.00
The bid from United Pavement Maintenance, Inc., the lowest responsible bidder, is regular in all respects. United Pavement Maintenance, Inc. has the proper license to perform the work and has proposed a DBE participation of 84 percent, which exceeds the 11 percent DBE goal. Although the low bid exceeds the estimate, the proximity of the bids and the current bid environment indicate that re-bidding the project would not result in a more favorable outcome. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $538,159.85.

Caltrans National Environmental Policy Act determination was received on October 19, 2018. The State determined that the project is a Categorical Exclusion under 23 CFR 771.117(c): activity (c) (26). Similarly, the project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(a) of the CEQA Guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE10-22 under CEQA. Construction is anticipated to be completed by December 2023.

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FINANCIAL SUMMARY
The current unencumbered balance in the HSIP 9 - Install Sidewalk and Median Fencing Along Dr.

Martin Luther King Jr. Boulevard, Project No. WT19003 (formerly PW1903)/Federal Project No.

HSIPL-5008(186), is not sufficient to award a Construction Contract to United Pavement Maintenance, Inc. in the amount of $538,159.85. The resolution includes the following actions to provide sufficient funding to award a Construction Contract and to complete the project:

1. Appropriate funds in the amount of $11,000 from the Measure K Maintenance Fund Balance to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186), Account No. 4570-000-800007- 300-000-30-45-000-000; and

2. Appropriate additional HSIP funds in the amount of $97,470 to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186), Account No. 4570-000-800007-300-000-30-45-000-000.

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

Attachment A - Vicinity Map
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- VICINITY MAP -
HSIP 9 - INSTALL SIDEWALK AND MEDIAN FENCING ALONG
DR. MARTIN LUTHER KING JR. BOULEVARD
City Project No. WT19003 / Federal Project No. HSIPL-5008(186) Project Location
LEGEND:

PROJECT LOCATION

ATTACHMENT A
218

Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE10 -22,

APPROVING THE PLANS AND SPECIFICATIONS, APPROPRIATING FUNDING, AND AWARD ING A CONSTRUCTION CONTRACT FOR THE HSIP 9 - INSTALL SIDEWALK AND MEDIAN FENCING A LONG DR. MARTIN LUTHER KING JR.

BOULEVARD, PROJECT NO. WT19003/FEDERAL PROJECT NO. HSIPL-5008(186)

On November 3, 2022, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No.

WT19003/Federal Project No. HSIPL-5008(186); and

The installation of median fencing along Dr. Martin Luther King Jr. Boulevard will improve pedestrian safety by preventing jay walking and unsafe mid-block crossing. The project will include adding guardrail, signage, pavement markings, safety lighting, and replacing curb ramps; and

United Pavement Maintenance, Inc . is the lowest responsible bidder in the amount of $538,159.85, and its bid is regular in all respects; and

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301( a) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE10-22 under the CEQA for the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003 (formerly PW1903)/Federal Project No.

HSIPL-5008(186), a copy of which is attached as Exhibit 1 and incorporated by this reference.

//
//
219

2. The City Council approves the plans and specifications for the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003 (formerly PW1903)/Federal Project No. HSIPL-5008(186).

3. The City Council approves t he appropriation of funds in the amount of $11,000.00 from the Measure K Maintenance Fund Balance to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No.

WT19003 (formerly PW1903)/Federal Project No. HSIPL-5008(186).

4. The City Council approves the appropriation of funds in the amount of $97,470.00 from the Highway Safety Improvement Program to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No.

WT19003 (formerly PW1903)/Federal Project No. HSIPL-5008(186).

5. The City Council awards a Construction Contract between the City of Stockton and United Pavement Maintenance, Inc. in the amount of $538,159.85, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED March 21, 2023 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton

220
TO: COUNTY CLERK

COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202

CITY OF STOCKTON

NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
c/o Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14 SECTION 15062

PROJECT DATA
Project Title: CEQA NOE 10-22 INSTALL SIDEWALK AND MEDIAN FENCING ALONG DR. MARTIN LUTHER KING JR. BOULEVARD - PROJECT NO. PW1903/FEDERAL PROJECT NO. HSIPL-5008(186) CEQA Exemption File No.: NOE 10-22
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will add median fencing on MLK and walking path striping around over crossing to prevent illegal crossings: a new storm drain system to address fiooding issues: and a new guardrail and crash cushions to increase safety. This will involve work primarily performed within the intersection with the exception of a trench along Aurora from MLK to East Clay Street for the proposed storm drain. See attachment A for specific locations.

DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):

The activity is not a "project" as defined in CEQA Guidelines Section 15378.

The activity is exempt under the "general rule" at CEQA Guidelines Section15061(B)(3). __ The project is "Statutorily Exempt" per CEQA Guidelines Section:-=�� _X_ The project is "Categorically Exempt" per CEQA Guidelines Section 15301 (a).

BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
__x_ The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

JODI ALMASSY, DIRECTOR

PUBLIC WO
\
DEl?ARTMENT
-
By \�
Joshua Lewis, As�ociate Civil Engineer
A ril 4 2022
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)

AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(8). Said notice or list of notices will remain posted for 35 days from the filing date.

Signature Title
Posting Period Ending Date
EXHIBIT 1
221

CONSTRUCTION CONTRACT
This contract is made and entered in to on _____________, by and between UNITED PAVEMENT MA INTENANCE, INC ., a STATE OF CALIFORNIA CORPORATION, with a business address at 7017 HUGHSON AVE, HUGHSON, CA 95326, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of HSIP 9 - INSTALL SIDEWALK AND MEDIAN FENCING ALON G DR. MARTIN LUTHER KING JR.

BOULEVARD, PROJECT NO. WT19003 (FOR MERLY PROJECT NO. PW1903), FEDERAL PROJECT NO. HSIPL-5008(186) , hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________ , on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

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

CONTRACTOR agrees:

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the Cit y of Stockton. Total compensation for services and reimbursement for costs shall not exceed $538,159.85, or as otherwise mutually agreed to in a Contract Change Order.

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

It shall be a requirement under this Agreem ent that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured.

Federal Construction Contract - United Pavement Maintenance, Inc. - Project No. WT19003 / Federal Project No. HSIPL-5008(186) (Updated 07/12/22)

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