City Council and Concurrent Authorities
May 2, 2023

2023 AQUATICS AND FACILITIES MANAGEMENT AGREEMENT

This Agreement is made and entered into on , by
and between the City of Stockton, a municipal corporation of the State of California, (hereinafter “City”), and Pools & Lifeguard Management LLC, (hereinafter “Operator”) for the exclusive use of the facilities identified in Exhibit 1: Aquatic Facility Locations for Aquatic Facilities (hereinafter “Facilities”). The City and Operator may be referred to collectively as “Parties” or in the singular as “Party” as the context requires.

City, for and in consideration of the rents, covenants, and agreements c ontained herein to be performed by Operator, does herby enter into this agreement with Operator for certain areas together with the facilities and improvements located thereon which are located within the City of Stockton and outlined on the attached list of facilities and maps marked Exhibit 1 for the purpose of operating swimming pools and additional activities associated with conducting a summer swimming program.

NOW, THEREFORE, in consideration of the foregoing and of the mutual promises, covenants and agreements herein contained the parties hereby agree as follows:

ARTICLE 1: TERM AND TERMINATION.

1.1 Term. The term of this Agreement is for one (1) swim season commencing on date attested above and terminating on December 31, 2023. Operator shall have two (2) additional one (1) year options for the 2024 and 2025 swim seasons. Mutual Options for 2024 and 2025 must be agreed upon in writing by December 15, 2023, and December 15, 2024, respectively.

1.2 Termination by Operator. Operator may terminate the Agreement with thirty (30) days written notice to the City (“Termination Notice”). Operator may not issue a Termination Notice from one hundred and twenty (120) days before the first day of any swim season, as detailed at section 5.4, through swim season closeout, as detailed at section 5.6.

1.3 Breach of Obligations by Operator; Right to Cure. In the event the City determines the Operator has substantially failed to fulfill the obligations as provided under this Agreement, City shall provide Operator with written notice detailing specific obligations which City claims Operator has failed to fulfill and notifying Operator that it is deemed to be in breach of the Agreement. If the breach is not cured within the time specified in the Notice, or if the City and Operator cannot agree on a schedule for curing the breach, the Agreement will be deemed terminated on a date specified by City which will be no sooner than ten (10) days from the date of issuance of final notice. In the event this Agreement is terminated by City, Operator shall promptly cooperate with the transition of the Facility to City according to all applicable laws and the terms of the Agreement.

1.4 Termination Due to Catastrophic or Natural Disaster. If, because of any catastrophic or natural disaster, it becomes impossible for Operator to render services and perform under this Agreement, City and Operator shall meet to discuss termination, closure and transition of the Facility to the City within ten (10) days of catastrophic cause, or as soon thereafter as practical.
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

1.5 Vacation of Premises. Operator agrees to fully vacate the Facilities at the termination of this Agreement. Should Operator fail to vacate as herein provided, Operator agrees that City or its authorized agents may enter upon the premises and remove all personal property and equipment therefrom and that the cost of removal and any temporary storage or disposal shall be billed to the Operator and shall be the responsibility of Operator.

The City shall, within its sole discretion, determine whether any such property or equipment shall be stored or disposed of. Nothing herein shall be considered a waiver of the City’s rights under the law to demand and obtain possession of the in the event of a violation of Operator’s part of any of the terms or conditions hereof.

ARTICLE 2: DEFINITIONS.

In addition to terms defined elsewhere in this Agreement, the following terms have the meanings referred to in this section:

2.1 “Agreement” means this facilities management agreement.

2.2 “City” means the City of Stockton, a municipal corporation, and its authorized representatives, officers, officials, directors, employees, and agents.

2.3 “Director of Community Services” means the Director of Community Services of the City of Stockton, CA or the Director’s designee.

2.4 “Facilities” means the pool facilities and improvements, located at the related aquatic sites in Stockton, California, also collectively known as the aquatics facilities and as identified in Exhibit 1: Aquatic Facilities Locations.

2.5 “Fiscal Year” means the one-year period from July 1 through June 30.

2.6 “Laws” means all federal, state, local, and municipal regulations, ordinances, statutes, rules, laws, and constitutional provisions.

2.7 “Operator” means the operator the aquatic facilities listed in this Agreement.

2.8 “Parties” means Operator and City of Stockton.

2.9 “Prevailing Wage” means any requirements by the State of California and the Department of Industrial Relations (DIR) by Operator to pay Prevailing Wage rates to all public works contracts as set forth in Labor Codes sections 1720, 1720.2, 1720.3, 1720.4, and 1771.

2.10 “Reports” means all reports identified, including miscellaneous, weekly, and monthly reports for facility to be prepared by Operator. as set forth in Article 5.10 and Exhibit 10: Scope of Services.

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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Article 3: COMPENSATION AND REVENUE.

3.1 Compensation. Operator shall receive $185,000 subsidy for operation of facilities for the term of this agreement, paid upon invoice and receipt of data according to Exhibit 8:

Compensation Schedule. Invoices received by Operator shall be paid via City purchase order as follows:

50% of contract will be paid upon receipt of invoice with copy of business license, receipt of approved insurance certs and endorsements, program plan signature of compliance of HR 40 fingerprinting and disqualifying criminal convictions to be paid via purchase order after contract is attested. (Estimated time frame Mid-May this year).

The second payment of due August 1 shall be paid upon receipt of Operator invoice and invoice backup: weekly and monthly statistics and reports for May, June, and July.

3.2 Revenue. Operator shall receive 100% of the proceeds from all income producing activities associated with the Facilities, including, but not limited to the following: swim lessons, aquatic program fees, free swim, snack bar sales, special event rentals, fund raising, etc. One exception is rentals to swim teams where percentage of income kept shall be negotiated.

ARTICLE 4:

INDEMNIFICATION, INSURANCE.

4.1 Insurance Requirements. Operator must obtain and shall always maintain in force during the duration and performance of this Agreement, the policies of insurance specified in Exhibit 2.

4.2 Proof of Insurance. Operator shall provide proof of insurance in the required form to the City’s Risk Manager prior to contract attest as evidence that it has complied with the insurance requirements set forth in Exhibit 2

4.3 Indemnity and Hold Harmless. With the exception that this section shall in no event be construed to require indemnification by Operator to a greater extent than permitted under the public policy of the State of California, Operator shall, indemnify, protect, defend with counsel approved by City and at Operator’s sole cost and expense, and hold harmless City, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys' fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, state, or municipal law, or ordinance, or City Policy, by Operator or Operator’s officers, agents, employees, volunteers, or subcontractors. Operator 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 Operator to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by 214
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Operator under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With the exception that this section shall in no event be construed to require indemnification, including the duty to defend, by Operator to a greater extent than permitted under the public policy of the State of California, the parties agree that Operator’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 Operator or Operator’s officers, agents, employees, volunteers, or subcontractors. Operator’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. Operator shall be immediately oblig ated 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 such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of active negligence or willful misconduct on the part of the City, City will then reimburse Operator for amounts paid more than Operator’s proportionate share of responsibility for the damages within thirty (30) days after Operator provides City with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures Operator 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 Operator 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, Operator 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 Operator, regardless of whether such claim may be covered by any applicable workers’ compensation insurance. Operator’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 Operator under workers’ compensation acts, disability acts, or other employee benefit acts.

4.4 Tender of Claims. Operator shall accept tender of any third- party claim submitted to it by City because of Operator’s obligation herein within thirty (30) days of such tender.

4.5 Use of Contractors/Subcontractors Operator. If the Operator uses Contractors or Subcontractors for performance of its obligations pursuant to this Agreement, the Contractor/Subcontractor agrees to be bound to the Operator and City in the same manner and to the same extent as Operator is bound to the City under this Agreement, including all Indemnification and Insurance requirements. As to any Subcontractor, it shall be as to the extent the Indemnification and Insurance requirements apply to the scope of the Sub - contractor’s work. A copy of this Agreement will be furnished to the Contractor and Subcontractor upon request.
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

ARTICLE 5. MANAGEMENT RESPONSIBILITIES

5.1 Management Responsibilities. Operator owes to City the duty to perform its obligations under this Agreement and to conduct the management, operation, and daily maintenance of the Facilities at all times with integrity and good faith efforts consistent with the well -being of the greater Stockton community in a manner consistent with industry practices and all applicable laws, permits, and requirements Operator shall follow policies and guidelines established by the City that are applicable to the operation and maintenance of the Facilities. Operator shall not enter any material contracts which extend beyond the term of this Agreement and any extensions thereto. Operator shall be responsible and comply with the terms and conditions of this Agreement; operating the Facilities with a full understanding of the standards and guidelines as well as in full compliance with laws, regulations and other legal requirements that apply to the Facilities.

5.2 Operator Control of Facilities. After inspection by the County and the City, the Operator takes possession of the Facilities to clean, prepare, and train staff for the current swim season by a day as mutually agreed upon in April. Final date will be no later than October 31, the exact date shall be mutually agreed upon and be confirmed in writing by both parties.

5.3 Pre-Season Inspection. Operator shall be prepared for a City final operations inspection of facilities and staff training on Thursday before Memorial Day Weekend in preparation for the Memorial Day weekend opening.

5.4 First Day of Swim Season. Operator shall open Facilities for swim season the Friday of Memorial Day weekend for a full weekend of services (Friday -Saturday-Sunday) before resuming approved weekly Facilities schedule according to Exhibit 10: Scope of Services and Exhibit 11: Swim Schedule by Aquatic Facility.

5.5 Hours of Operation for Each Swim Season. The following schedule as identified in Exhibit 11: Swim Season by Aquatic Facility has been mutually agreed upon by City and Operator. Any deviation from this schedule must be communicated to City with 24- hour prior notice to City.

5.5.1 Memorial Day Weekend: Facilities shall be open Saturday, Sunday, and Monday of Memorial Day weekend. Pool shall then begin the regular June schedule.

Optional Water Safety Days shall occur as mutually agreed upon by Operator and City.

5.5.2 Weekly Schedule for Aquatic Locations: Pools shall be open according to the schedule set by Operator and as listed in Exhibit 11: Swim Schedule by Aquatic Facility. This Exhibit may be updated from time to time by mutual agreement of City and Operator.

5.6 Swim Season Close Out. City and Operator will tour and inspect Facilities on the second week of September (or as mutually agreed upon) to complete close out inspection and return keys if appropriate.
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

5.7 Possessory Interest, Taxes, Assessments, Permits, Fines. Operator shall pay all taxes, including possessory interest, assessments, permits, or fines related to all aspects of operation of the Facilities. For clarity, Operator shall pay such costs related to Facilities operations only.

5.8 Expense Obligation. Except as set forth elsewhere herein regarding maintenance, repairs, chemicals and the like, Operator agrees to pay 100% of all costs and expenses related to Operator’s operation of the Facilities without limitation. In the event the Operator incurs costs related to the operation and use of the Facilities, the City will not be required to pay any part of any such expense, and the Operator shall not have any claim against the City on account of any costs or expenses related to the operation or repair of the Facilities.

5.9 Qualified Personnel. Operator shall abide by standards set by City as to the number of supervisory personnel required at each aquatic location when the pool is in operation. Operator shall use certified lifeguards with training from any reputable trainer and minimum staffing standards in alignment with state requirements, City policy, and as may be mutually agreed upon.

5.10 Weekly and Monthly Reports. Operator shall provide the following reports as required:

5.10.1 Programming Plan: Annually, Operator shall provide a program operation plan for City’s review and approval to include, but not limited to, general operating hours by day, fees for each type of activity, special events, public use, and any other services generally offered to the public. This shall be provided to City before May 1 of each term, or an alternate date as mutually agreed upon.

5.10.2 Weekly and Monthly Participation Reports : Reports for actual daily use (participants and spectators) number of rentals, schedule of programs, program fees, listing of programs offered. The participant and spectator numbers should be tied to program totals. Note: Statistics should be provided on daily use by activity, summarized in weekly report which correlates to monthly reports. The reports should be updated weekly and available in an online format as mutually agreed upon.

5.10.3 Daily Chemical logs: Operator shall maintain one Chemical log which will report all mandatory activities regarding water quality. Log shall be hourly, kept in a location for water quality vendor to review as needed; copies provided to city weekly during weekly inspection.

5.10.4 Operator Inventory Report : List of Operator owned equipment on site to be provided at season start up inspection and verified at season close inspection, as identified in Exhibit 5: Facilities Inventory

5.10.5 City Inventory Report: List of City owned equipment and materials on site which shall be provided at season start up inspection and verified at season close inspection as identified in Exhibit 5: Facilities Inventory
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5.10.6 List of Certificates: Summary of all staff that worked during the week and copies of appropriate and valid certificates for Facility personnel shall be required during weekly inspection.

5.10.7 Pre-Season Site evaluation and Recommendation Report: as further clarified in Exhibit 10: Scope of Service

5.10.8 Post Season Closure Report: As further clarified in Exhibit 10: Scope of Service

5.11 Day to Day Management of Facilities. Operator shall have sole responsibility for the day-to-day management of Facilities operations and programming.

5.12 Oversight by Operator. Operator shall provide an agreed upon minimum level of staffing and qualified management to provide the day -to-day management of Facilities as contemplated in this Agreement. Operator shall also establish and provide management policies and procedures to adequately operate Facilities pursuant to this Agreement.

Copies of lifeguard certificates, first aid certificates, and Certified Pool Operator certificate(s) for all applicable personnel must be submitted to the Community Services Department prior to the first day of operation. In addition, Operator shall provide a Certified Pool Operator (CPO) to maintain all aspects of pool maintenance including chlorine levels, Ph levels, and equipment for hours of operation. Any changes to personnel or policies should be documented and provided to the City weekly during inspection.

5.13 After-Hours Facility Emergencies. For after-hours facility emergencies, Operator shall contact Public Works regarding the emergency via an after-hours phone at (209) 937-8341.

5.14 Promotion of Facilities. The City and Operator will actively cooperate to promote Facilities. City and Operator shall work together to promote Facilities through City avenues to market activities.

5.15 Responsibilities to Operate, Maintain, Permit and Provide Supplies. Except as set forth elsewhere herein regarding maintenance, repairs chemicals and the like, Operator shall be responsible for the management, operation, and routine daily maintenance of the Facilities including but not limited to, full scheduling of programs, staffing, marketing, and daily janitorial maintenance of Facilities, concession sales, rental, and daily cleaning and maintenance of all areas contained within the Facilities.

Operator shall keep facilities in clean and sanitary condition, performing routine daily maintenance, including but not limited to hosing down the pool decks, shower area and bathrooms, routine daily and hourly cleaning of bathrooms and floors, sinks, and toilets, picking up of trash and litter in and around the pool area, and other routine janitorial maintenance (including spot inspections) to insure total cleanliness of the entire Facilities.

City will o btain permits from the San Joaquin County for pool operations. City will obtain permits and inspections, if any, for chemical storage plus any additional permits required to meet City and county or state requirements for the operation of Facilities as contemplated 218
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

under this Agreement. Operator covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.

At the conclusion of this Agreement, Operator is responsible for returning the Facilities to the condition in which it began operations.

5.16 New Hire, Recruitment, and Staffing Guidelines. Operator shall hire, supervise, and manage all personnel (paid or volunteer) necessary for the management, operation, and routine daily maintenance of Facilities and shall comply with City’s administrative directive with respect to fingerprinting Operator employees and volunteers. Any individual who has been convicted of certain criminal offenses as set forth below, is not eligible to work or volunteer under this Agreement.

Operator shall comply with the relevant portions of City’s Administrative Directive HR-40 (Exhibit 3) regarding who must be fingerprinted and what offenses or disqualifiers will prohibit an individual from working at Facilities. Operator employees and volunteers, if applicable, are required to submit fingerprints in a manner authorized by the State of California Department of Justice. Operator and all applicable employees/volunteers shall submit fingerprints prior to start of work. Operator is responsible for all costs of fingerprinting and background check. Any individual who has been convicted of certain criminal offenses (disqualifiers) is not eligible to work at Facilities. The disqualifying criminal convictions are as follows: Any of those offenses identified in Public Resources Code, section 5164 except for Penal Code sections 211, 215, 236, or 240, provided, however, that any individual who has been convicted of violating Penal Code sections 211, 215, 236, or 240 may, in the sole discretion of the Operator or the City, nevertheless be ineligible to work or volunteer at the Facilities under this Agreement. In addition, if any of the Operator’s employee(s)/volunteer(s) assigned is/are subsequently found to have a disqualifying conviction, that/those individuals shall be immediately removed from the Facilities and shall not be allowed to perform any further work under this Agreement. If the Operator is subsequently found to have a disqualifying conviction, the contract may be immediately terminated by City. The Operator shall certify in writing to City before the first day of each season of operation that neither the Operator nor any of Operator’s employees have been convicted of any of the offenses specified in California Public Resources Code section 5164 or City of Stockton Administrative Directive HR-40.

5.17 Signature of Compl iance for HR -40. Operator shall confirm, in writing, prior to each swim season (see Exhibit 4: Signature of Compliance for HR40) to City that Operator employees/ volunteers have been fingerprinted and not convicted of any of the offenses specific in California Public Resources Code section 5164 or City of Stockton Administrative Directive HR40, Fingerprinting

5.18 Snack Bar Sales. Operator is granted the exclusive right to sell food and merchandise at the Facilities at the sole cost and expense of the Operator. Operator shall retain all revenue from concession sales. Operator shall provide copies of all related concession licenses for City review if requested. It shall be the sole responsibility of Operator to ensure that all food and beverage products sold by Operator, or its concessionaire(s) shall conform to all applicable federal, state and local laws, including the 219
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

California Health and Safety Code, and other requirements. Operator is responsible to timely report and pay all sales tax.

5.19 Emergency Contacts. Operator shall provide City with emergency phone numbers of key staff and Board Members. Operator shall ensure that City representatives could communicate with said persons twenty-four hours a day when emergency conditions occur.

5.20 Facility Use Agreements. Operator shall be responsible for entering into Facility Use Agreements with all renters and users of the Facilities for aquatic and rental activities.

Operator shall be responsible for developing the form of each Agreement and complying with all requirements established by City Risk Services and contract compliance requirements for users of the Facilities.

5.21 Compatible Use. Operator agrees not to make use of Facilities and property in any way which will endanger human health or the environment, create a nuisance or otherwise be incompatible with the use of the Facilities as they are intended and according to the terms and conditions of this Agreement and general use of an Aquatic Facilities.

5.22 Summer Youth Programs. Operator shall operate a summer youth camp at the following locations directly adjacent to the Facilities as listed in Exhibit 1: Aquatics Facilities Locations. City will not pay Operator for the program, and the Operator shall not share revenue with the City. Operator shall manage the camps with the same general terms and conditions of this agreement and the additional terms and conditions as follow:

5.22.1 Picnic Areas: Operator shall not use group picnic areas or any other rentable space without making reservations and payment of those ancillary services.

5.22.2 Summer Camp: The Summer Camp may operate weekdays. The City does not provide these services at these locations as regular business.

5.22.3 Summer Camp: The Summer Camp may operate weekdays. The City does not provide these services at these locations as regular business.

5.22.4 Performance: The City will not have any control over how Operator performs.

Operator shall perform services in a manner commensurate with childcare best practices and standards.

5.22.5 Insurance: There shall be no work on site before obtaining and providing insurance for these activities and ancillary areas and this area and duty shall be included on the certificate of insurance with the same requirements as Exhibit 2: Insurance

5.22.6 Staffing Ratio: Staffing ratio is one counselor per 15 campers.

5.22.7 Bathroom supervision: Campers shall be supervised when accessing the park or pool facility bathrooms.

5.22.8 Supervised Swim: Campers shall have daily access to supervised swim with their counselors.
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

5.23 Summer Meal Programs.

Operator may offer summer meal programs if offered by Stockton Unified School District (SUSD) Child Nutrition Program, or any other officially authorized meals program. If Operator enters into an agreement with summer meals provider, Operator must meet all additional food handling requirements, food safety, and sanitation standards, in addition, this activity shall be identified on insurance certificates in accordance wi th Exhibit 2:

Insurance. All terms and conditions of this agreement also apply to this program activity.

5.24 Sponsorship of Programming. The Operator has the right to establish a sponsorship program for operational activities at each location to offset the cost of those programs. Sponsorships can be identified on flyers, websites, and banners. Any publication of sponsorship should identify and provide limiting language that the activities are supported by the sponsor. City and Operator can work together to find mutually agreeable language for sponsors.

ARTICLE 6. MAINTENANCE, JANITORIAL, AND SECURITY OF FACILITIES

6.1 Acceptance of Condition of Facilities. Operator accepts the Facilities and all equipment hereunder in their present ‘as is’ condition, without warranty by City or any duty or obligation on the part of the City to maintain the facilities other than as set forth herein.

At the end of the term of this Agreement or its earlier termination, Operator shall surrender to the City, the Facilities in the same condition as when received, less reasonable use and wear and tear, damage caused by an act of god or by the elements excepted. Operator shall remove all equipment and personal property of the Operator, except, however, the City may approve, in writing, any deviation from this requirement. If Operator fails to remove its property after notice by City, Operator agrees that City may remove said property and bill the cost of removal and/or storage, if necessary, to Operator, who agrees to be responsible for such costs.

6.2 Improvements. Operator is not granted permission to construct improvements on the Facilities.

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

CONTRACTOR REGISTRATION REQUIREMENTS - Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 221
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No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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

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

6.4 Janitorial Services, Maintenance, and Security of Facilities. Operator shall be responsible to supervise the safety and sanitary conditions of their use of the Facilities and shall remedy without delay any unsafe, dangerous, or unsanitary conditions therein (except that City shall be responsible for the maintenance, repairs and chemicals as described below). If there are any safety or security issues related to water quality or equipment, Operator shall promptly notify the City of any concerns. In addition, Operator shall be responsible for the daily routine maintenance and housekeeping of the facility and all adjacent areas, keeping them in a safe, clean, wholesome, and good condition, and sanitary condition. Operator shall always ensure that during the term of this Agreement that Facilities shall be kept free of trash, garbage, and obstructions of any kind, and ensure that all trash resulting from cleaning shall be placed in appropriate containers. Facility shall be kept in compliance with all applicable present and future laws relating to sanitation, public health, safety, or welfare or any general rules and regulations of any governmental authority in force now, or at any time, during the term of this Agreement. City agrees Operator has no responsibility for any repairs, maintenance, or work to the Facility including but not limited to repairs to any building, fixtures, equipment, plumbing, electrical or mechanical systems, landscaping, or roadways.

6.5 Utilities and Water. City is responsible for and agrees to pay for all utilities (inclusive of gas, propane, electric, water, sewage, wastewater, discharge fees, charges, inspections, reports, communication, and related costs) utility use, including connections and upgr ades for Facilities. City is responsible for payment of all charges, reports, inspections, fees, service charges, and other requirements related to the use permits, licenses, and permit requirements. Operator agrees that all water usage and regulations in connection with these Facilities be monitored and adhered to by the Operator. Operator shall immediately contact Municipal Utilities and Community Services Departments if there is any discharge or release of water or materials into the storm drains at Facility. 222
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6.6 Operations, Permits, Licenses. Operator shall, for the conduct of operations of Operator’s operations under this Agreement and at its sole expense, obtain and maintain in full force and effect throughout the Term and any extension thereof, all applicable permits and licenses which may be required by any law, including administrative regulations, regulatory requirements, regarding Operator operational requirements. Including without limitation, a City business license.

All users of the Facilities shall be required to adhere to all City and Operator terms and conditions, procedures, rules, and regulations now and hereafter adopted by City for use and control of the Facilities. Operator shall conform to and enforce all rules and regulations now and hereafter adopted for the use and control of the Facilities. This includes all local and state requirements for recreation, health, and public safety.

Operator shall have sole responsibility for enforcing all applicable rules and r egulations, including being responsible to ask those individuals who are in violation of the rules to leave the premises immediately.

Operator shall be responsible to report, file and pay all sales and use taxes. The City reserves the right to review all sales and use tax returns.

6.7 State of California and San Joaquin County Hazardous Materials Storage, Reporting, and Safety Plan Requirements. Operator shall train all staff to be familiar with the California Environmental Reporting System (CERS) requirements, and to be able and willing to identify any situation that may not or does not meet the state and local requirements for storage of hazardous materials. Operator shall promptly report any concerns to City. The City is responsible for the reporting of hazardous materials and filing of a Business Plan and or a safety plan if required. City may be required to obtain chemical storage permit as required.

6.8 Certified Pool Operator/Water Quality Assurance. Operator agrees that a Certified Pool Operator (CPO) and water quality specialist shall maintain California Regulatory Title 22 charts and reporting requirements, as described in in Exhibit 6 and Exhibit 7 at all facilities and shall coordinate all water quality issues with City and City Contractor for water quality. If a health concern (fecal event, water contamination or issue of concern) occurs, Operator staff shall immediately close the pool, notify all swimmers to exit the water, and not allow the pool to reopen until City and/or water quality vendor notifies Operator the pool is safe for swimming. During the day, if it becomes necessary, CPO shall notify City Water Quality Vendor of any needs or concerns. CPO and lifeguards under the direction of CPO, shall monitor, and appropriately document pool maintenance and water quality/chemistry per direction by City. Water quality records using the form supplied by City shall be filled out according to policy and kept in a key location at the Facilities, copies of the water quality logs shall be turned in according to Section 5.10 and made available to City and San Joaquin County inspectors upon request. Operating instructions regarding water quality assurance activities may be changed via written notice. 223
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6.9 Security. The City is responsible for security services at each of the city pools.

The operator shall be responsible for determining the operational security needs of the Facilities, arranging for adequate staff and security for all events at the Facilities. Operator shall maintain copies of all City provided reports on site during current swim season (ex:

Security Plan, Evacuation Plan, and other reports as required by City Safety Officer and/or applicable local and state codes).

6.10 First Aid and Signage/Equipment/Condition Requirements. City shall be responsible to provide and maintain all required signage, safety equipment, and start up for 10-person first aid kit items. Operator shall be required to maintain first aid supplies in the amount initially provided by City. Operator shall immediately notify the City before Facilities opening if Operator daily pre- opening inspection shows there is a deficiency in signage, water quality standards, safety equipment, or evidence of graffiti, and or vandalism.

Operator shall also fill out required incident reports or police reports and provide an electronic copy by end of business day.

6.11 Right of Entry, Keys, and Security Codes. Installation of locks and keys will be the responsibility of the City. City reserves the right to install a security system. Operator shall be provided a copy of City key policies and enforce those rules with employees.

Operator shall assign unique employee code to each employee with key carrier rights. City and Operator shall maintain a list of key holders to be turned in to City within three (3) weeks before swim season start. If an Operator employee is terminated, Operator shall receive and return to City all assigned keys upon termination. Operator shall not c opy City keys.

City shall maintain right to enter to inspect or repair the Facilities. Upon termination of Agreement, Operator shall surrender all sets of keys to the Facilities to City on the final Facilities swim season close out inspection. Failure to maintain internal controls over pool may require the Operator pay for the Facilities to be rekeyed at sole cost of Operator.

6.12 Inventory of Materials and Supplies. Operator shall be responsible to provide the equipment and materials for Operations as further described in Exhibit 5 and complete a daily pre-opening inspection.

6.13 Water Quality Maintenance and Supplies. The City through its water quality vendor shall be responsible to purchase/deliver pool chlorine and chemicals for the term of this Agreement. Pool chemicals include algae, acid, stain, and scale treatments. City shall purchase and provide filters for filter breakdown. City shall maintain the ultimate responsibility to maintain water quality standards with the support of Operator during open hours. Operator and City shall work cooperatively to maintain safe water quality standards at all times. City shall be responsible to pay for maintenance related to pool equipment, pumps, filters, etc. City shall be responsible for building and grounds maintenance as defined by fencing, graffiti removal, vandalism, landscaping, and irrigation. Operator shall promptly notify City if any condition occurs during Operator management of Facilities which may affect health and safety of visitors.

6.14 Notice of Inspection. If regulatory inspections occur on site, Operator shall immediately notify City of the inspection and outcome.
224
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

6.15 Notice of Closure. If Operator must shut down Facilities during regularly scheduled hours (as identified Section 5.5), Operator must notify the City authorized representative 24 hours prior to proposed closure or immediately after the Facilities are closed.

6.16 Notice of Media Contact. If the media arrives on site to report, photograph, or interview, Operator shall immediately contact Director of Community Services (or designee) and the City’s Public Information Officer at (209) 937-8827.

6.17 Police Reports. Operator promptly notify the Community Services Department if laws are broken, or if theft occurs. Operator shall file related police reports and incidents report in a timely manner and provide an electronic copy by close of business day.

ARTICLE 7. GENERAL PROVISIONS.

7.1 Relationship of Parties. Nothing contained in this Agreement shall be interpreted or understood by any of the parties, or by any third person, as creating the relationship of employer and employee, principal, and agent, limited or general partnership, or joint venture between City and Operator or its agents, employees, or contractors. Nothing herein contained is intended to be construed as creating or establishing a relationship of partners, or a joint venture between Operator or City. Operator shall not be considered a tenant and shall gain no right to occupy facilities as a tenant or any other property right or interest in the Facilities by virtue of this Agreement. Neither Operator, its principal, nor any Operator employee or volunteer is an employee of City and none are entitled to any of the rights, benefits, or privileges of City employees, including but not limited to medical, unemployment, or worker’s compensation. Except as City may specify in writing, Operator shall have no authority to act as an agent of City or bind City to any obligation. Nothing in this Agreement, either express or implied, is intended to confer upon any person or entity, other than City and Operator and their respective officers, directors, employees, and agents providing services under this Agreement any rights, remedies, obligations, or liabilities or by reason of this Agreement.

7.2 Control. Neither City nor its officers, agents, or employees and/or, volunteers shall have sufficient control over the conduct of Operator or any of Operator’s employees, except as herein set forth; and Operator expressly agrees not to represent that Operator or any of Operator’s agents, servants, or employees, to be deemed the agents, servants, or employees of City.

7.3 No Third-Party Beneficiaries. No person or entity, other than Operator shall be deemed to be a third-party beneficiary hereof, or a third party to the Facilities.

7.4 Debt Liability Disclaimer. City will not be liable for any debts or claims that arise from the obligations of the Operator.

7.5 Title VI of the Civil Rights Act and Non-Discrimination. 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 be nefits of, or be subjected to discrimination under any program or activity receiving federal funding assistance.” (2 USC Section 2000d). https: www.dol.gov/oasam/regs/statutes/titlevi.htm. 225
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

The City of Stockton is committed to complying with the requirements of Title VI in all its federally funded programs and activities.

In performing services under this Agreement, Operator shall not discriminate in the employment or application of employment of employees or in the engagement of any contractors or subcontractors based on race, color, religion, sex, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Operator agrees to comply fully with all applicable federal, state, local laws, ordinances, executive orders, and regulations which prohibit discrimination.

The City of Stockton has a Discrimination and Harassment Policy which is attached and as Exhibit 9: HR15, Harassment and Discrimination Policy. The purpose of the policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

7.6 Assignment. Operator may not assign, sublet transfer, or otherwise alienate its rights and obligations pursuant to this Agreement, without written consent of the Director of Community Services, and then only upon such terms and conditions as City may set forth in writing. Operator shall be solely responsible for reimbursing vendors, contractors, employees, and subcontractors.

7.7 Reserved Rights. During the term of this Agreement, there shall be and is hereby expressed reserved to City and its agencies, contractors, agents, employees, representatives, or licensees, the right to use the Facilities and Property for all purposes which will not unreasonably interfere with Operator’s enjoyment of its rights under this Agreement. City reserves the right to make use of the property for such proposes as it may deem necessary or appropriate, if, and whenever in the interest of its service to customers or the public, it shall appear necessary or desirable to do so. City further reserves the right at all reasonable times, to temporarily enter upon said premises for inspection or other lawful City purposes.
226
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

7.8 Notices. All written notices and communication required to be given under the provisions of this Agreement shall be delivered personally, or mailed and addressed as follows:

To City: City Manager
City of Stockton
425 N. El Dorado Street
Stockton, CA 95202
Phone (209) 937-8212

With copy to: Community Services Director
City of Stockton
605 N. El Dorado Street
Stockton, CA 95202
Phone (209) 937-8373

To: Dominique Simoni
Aquatics Director
5218 Lake Pleasant Dr.

Elk Grove, CA 95758
(209) 271-9728

7.9 Waiver. Any waiver by City of any obligation or condition in this Agreement must be in writing. No waiver will be implied form any delay or failure by City to act on any breach or default of Operator or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Operator to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by City to any act or omission by Operator shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for City’s written consent to future waivers.

7.10 Applicable Law, Resolutions of Disputes, Forum, and Attorney’s Fees.

California law shall govern any legal action pursuant to this Agreement with venue in the applicable state court or forum for San Joaquin County, Stockton Division and for federal claims in the federal district court for California, Eastern District, Sacramento Division. The prevailing party in any action brought to enforce or construe the terms of this Agreement may recover from the other party its reasonable costs and attorney's fees expended in connection with such an action.

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.

7.11 Severability. The provisions of this Agreement are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
227
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

7.12 Integration and Modification. This Agreement represents the entire integrated agreement between Operator and City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by written instrument signed by Operator and Community Services Director. All Exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached Exhibits, the terms of this Agreement shall prevail.

7.13 Title of Parts and Sections. The Title of parts and sections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any questions of interpretation or intent.

7.14 Language Construction. The Language of each and all paragraphs, terms and/or provisions of this Agreement, shall, in all cases and for all cases and for all purposes, and in any way and all circumstances whatsoever, be construed as a whole, according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identity any status of any person.

7.15 Records, Audits, Reports. Operator agrees that City or its designee shall have the right to review, obtain, and copy all records pertaining to the performance of the Agreement.

Operator agrees to provide the City any relevant information requested and shall permit City or designee access of its premises, upon reasonable notice, during normal business hours for the purpose if interviewing employees and inspecting/copyin g such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Agreement. Operator agrees to maintain such records for a period of three (3) years after termination of Agreement.

Operator agrees to send annual report to City in May of each year for the term of the Agreement.

7.16 Condemnation. If the whole or any substantial part of the Facilities shall be taken by any paramount public authority under the power of eminent domain, then this Agreement shall be terminated as to such Facilities from the day when the possession of that part shall be taken for said public purpose. All damages awarded for this taking shall belong to and be property of City, and all agreements pertaining to that sale including without limitation all related agreements. However, City shall not be entitled to any portion of the award made for loss of business installation or improvements belonging to Operator, if any.

7.17 Discretion of the City. City’s execution of this Agreement in no way limits the discretion of City in the permit and approval process in connection with any improvements by Operator.

7.18 Entire Agreement. This Agreement and any Exhibits attached hereto constitute the sole and entire agreement of the parties hereto with respect to the matters herein and correctly sets for the rights, duties, and obligations of each to the other as of the date first written above. There are no other Agreements or understandings, written or oral, between the parties regarding this Agreement other than those set forth herein. All prior or contemporaneous negotiations, Agreements, and understandings, oral, written, are revoked, cancelled, and rescinded, and are all merged herein and superseded hereby. 228
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

The following exhibits are included and incorporated into this Agreement by this reference:

Exhibit 1 Aquatics Facilities Locations
Exhibit 2 Insurance
Exhibit 3 HR 40, Fingerprinting
Exhibit 4 Signature of Compliance for HR 40
Exhibit 5 Facilities Inventory
Exhibit 6 San Joaquin County Environmental Health Department Notice: Title 22 CCR Changes Effective January 1, 2015
Exhibit 7 San Joaquin County Environmental Health Department Notice:

Recommendations for the Management of Fecal Accidents at Public Pools Exhibit 8 Compensation Schedule
Exhibit 9 HR15, Harassment and Discrimination Policy
Exhibit 10 Scope of Services
Exhibit 11 Swim Schedule by Aquatic Facility

7.19 Non-Liability of City Officials. No member, official, employee or agent of City shall be personally liable to Operator in the event of any default or breach by City or for any amount which may become due to Operator or its successor or on any obligation under the terms of this Agreement.

7.20 Law Abiding Conduct. Operator agrees that it shall comply with all the applicable laws and ordinances, administrative regulations, and orders of appropriate government authority in the conduct of its business and further agrees that City shall have the right to enter upon said premises at reasonable times for the purpose of inspection and ensure enforcement of this Agreement and ordinances and laws governing Operator’s use of Facilities.

7.21 Conflict of Interest. Operator covenants that other than this Agreement, Operator has no financial interest with any official, employee, or other representative of the City.

Operator 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 Operator’s services under this Agreement. If such an interest arises, Operator shall immediately notify the City.

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

7.23 Digital Signature. The Parties agree that this agreement may be signed with a digital signature, which has the same force and effect of a handwritten signature.

7.24 Dispute Resolution. Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between the senior managers of each Party having authority to resolve the dispute. If any litigation action or proceeding is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in-house legal services), costs and necessary disbursements incurred in such action or proceeding.
229
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

7.25 Public Record Requests. Any documents provided by Operator to City are public records and City may authorize third parties to review and reproduce such documents pursuant to the public records laws and policies including the California Public Records Act.

If the Operator receives a public records request, Operator shall immediately forward the request directly to the Director of Community Services.

7.26. Force Majeure. For purposes of this Agreement, “Force Majeure” shall mean earthquake, fire, or other casualty, flood, landslide, epidemic, unforeseeable adverse weather, “acts of God”, war, civil disturbance, court ordered injunction, intervention by civil or military authorities or government, strikes, lockouts, boycotts, or other labor disputes, to the extent any of the foregoing are beyond the reasonable control of either City or Operator and which cause either party to be delayed or hindered in or prevented from the performance of any covenant or obligation under this Agreement other than the payment of money.

If either Operator or City is delayed or prevented from the performance of any act required by this Agreement by reasons of Force Majeure, performance of such act shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent of the period of such delay. Both parties shall take reasonable steps during the existence of the condition to assure performance of their contractual obligations when the condition no longer exists. Failure to fulfil contractual obligations due to conditions beyond either party’s reasonable control will not be considered a breach of contract, provided that such obligations shall be suspended only for the duration of the conditions.

///

///

///
230
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

ARTICLE 8. AUTHORITY AND EXECUTION.

The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and first year hereinabove written.

ATTEST: CITY OF STOCKTON

BY:

ELIZA R. GARZA CMC HARRY BLACK

CITY CLERK, CITY OF STOCKTON CITY MANAGER

APPROVED AS TO FORM: Pools and Lifeguard Management LLC LORI ASUNCION Dominque Simoni
CITY ATTORNEY Aquatics Director

BY: BY:
231
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

EXHIBIT 1:

Aquatic Facilities Locations

A. Oak Park Pool House Facility
3547 Alvarado Street

B. Sousa Pool House Facility
2900 Yellowstone

232
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

C Brooking Pool House Facility
4505 Nugget

D Holiday Pool House Facility
5710 Kermit Lane

233
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Exhibit 2:

Insurance

REQUIREMENTS FOR SWIMMING POOL OPERATOR/SUMMER CAMP

OPERATOR/SEAMLESS SUMMER MEAL PROGRAM OPERATOR

Operator 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 Operator, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury, and sexual abuse and molestation (SAM) coverage with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. 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.

3. Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.

Limits of Insurance

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

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
234
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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 Operator 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 Operator’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage

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

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

Operator hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Operator may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Operator agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Operator, its employees, agents and subcontractors.

Self-Insured Retentions

All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Operator 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. 235
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:

VII, unless otherwise acceptable to the City of Stockton.

Verification of Coverage

Operator shall furnish the City of Stockton with original certificates and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Operator’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.

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

Subcontractors

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

Special Risks or Circumstances

City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
236
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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

City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
237
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

EXHIBIT 3:

HR40, Fingerprinting

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND
HOLDING POSITIONS WITH THE City OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

I. PURPOSE

A. To provide a uniform policy and procedure for the administration of the City of Stockton Mandatory Fingerprinting Program, in accordance with California Public Resources Code section 5164, California Education Code section 10911.5, California Penal Code sections 11105 , 11105.3, 13300, and any other applicable state and federal laws.

B. To ensure that the City of Stockton, as an agency receiving criminal history information, complies with the requirements of the State of California, Department of Justice, Division of Criminal Justice Information Services.

II. POLICY

All applicants, employees, interns, temporary agency employees, and volunteers who meet the following conditions shall be subject to fingerprinting.

A. Employees Having Direct Contact With Minors . It is the policy of the City of Stockton to obtain criminal history information for all prospective, as well as current, full-time (including provisional and temporary), part-time, volunteer (including the San Joaquin County Alternate Work Program or any other community service or volunteer organization), and contractual employees in any department who have direct c ontact1 with minors. This requirement shall be a condition of employment for all employees who have direct contact with minors.

The City of Stockton will not hire or retain any person or permit any person to volunteer his/her services to work with children in any department who has been convicted of certain criminal offenses (disqualifiers), as specified in California Public Resources Code section 5164.

1 “Direct Contact” is defined in section II.B.
238
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND
HOLDING POSITIONS WITH THE City OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

B. Employees Performing Sensitive Duties. In addition, to implement Stockton Municipal Code Chapter 2.70, the City of Stockton will obtain criminal history information for all persons applying for positions that require the employee to:

1. Perform sensitive and/or fiduciary duties, such as handling public Funds or confidential documents.

2. Enter privately owned property, structures, or curtilages.

3. Care for ill, injured, or incapacitated members of the public.

4. Have access to a secure facility.

5. Have direct contact with minors. " Direct contact with a minor" shall mean any of the following, in the course of paid or unpaid work:

a. The care, supervision, guidance, or control of a minor on any basis.

b. Close physical proximity to a minor on more than an "occasional" or "incidental" basis.

c. Talking face-to-face with or within eye contact of a minor on more than an "occasional" or "incidental" basis.

"Occasional" shall mean irregular or infrequent. "Incidental" shall mean occurring by chance or in isolation. If the job specifications for apposition requires contact with a minor on any basis, then the contact is neither "occasional" nor "incidental."

C. The City of Stockton, in its discretion, may refuse to hire any person or permit any person to volunteer his/her services who has been convicted of any of the offenses (disqualifiers) specified in Appendix A of this policy. 239
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND
HOLDING POSITIONS WITH THE City OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

D. In making any employment or retention decision based upon a disqualifier, the Director of Human Resources shall consider , among other factors: the employment classification to which the person is applying or being certified, including its sensitivity; the nature and seriousness of the conduct; whether there is a rational relationship between the employment duties and the nature of the conduct; the circumstances surrounding the conduct; the recentness of the conduct; the age of the individual at the time of the conduct; and the presence or absence of rehabilitation or efforts at rehabilitation.

E. Submission of fingerprints, as specified in the sections above, shall be a condition of employment.

F. This policy shall not apply to one-day events or programs.

G. This policy shall be administered by and is the responsibility of the Director of Human Resources.

Ill. PROCEDURES

A Administration of Criminal Offense Record Information (CORI).

1. The Human Resources Department shall enter into an agreement with the California Department of Justice for the purpose of electronically exchanging criminal offender information. This information shall be accessible only to designated individuals in the Human Resources Department, and the affected computer terminal shall be in a secure area to provide protection from unauthorized access . CORI shall be made available to the City Auditor and designated members of his/her staff for the sole purpose of performance audits in accordanc e with Stockton Municipal Code section 2.70.020(8).
240
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND
HOLDING POSITIONS WITH THE City OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

a. Security. Any questions regarding the release, security, and privacy of CORI shall be resolved by the Director of Human Resources.

b. Destruction. CORI shall be destroyed after the employment determination has been made, and copies of the CORI information will be destroyed in such a way that the employee's name can no longer be identified.

c. Dissemination. CORI shall be used only for the purpose for which it was requested; except that, the City Auditor shall have access to and shall examine CORI in connection with his/her duties under section 1501(d) of the City Charter.

d. S torage. CORI shall be securely maintained and accessible only to the Director of Human Resources or his/her designees and the City Auditor or his/her designees, who are committed to protect such information from unauthorized access, use, or disclosure.

e. Reproduction. CORI shall not be reproduced for secondary dissemination.

f. Subsequent Arrest Reports . Any Subsequent Arrest Reports for separated employees, volunteers, and contract personnel shall be immediately returned to the Department of Justice.

2. The Director of Human Resources and/or his/her designees who are involved in the administration of this policy, and the City Auditor and/or his/her designees who conduct performance audits, shall be fingerprinted and cleared by the Department of Justice pr i or to attaining access to CORI. Each employee given CORI access shall be fingerprinted and processed through the California Department of Justice. In addition, those employees shall execute a copy of the Employment Statement issued by the Department of Justice, which statement shall be maintained on file in the Human Resources Department.
241
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND
HOLDING POSITIONS WITH THE City OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

B. Fingerprint Procedures and Review of CORI. All applications for employment and requests to volunteer services, without exception, are to be made to the Hum an Resources Department.

1. All applicants for employment covered under this policy (as set forth in sections II. A and B, above), including part -time, volunteer, intern, temporary agency , and contract personnel , shall be provided with a fingerprint application and required to submit one set of fingerprints to the Department of Justice prior to the pre-employment physical examination. (Note: This requirement shall not apply to those concessionaires who contract with the Community Services Department solely to rent space to conduct their own business.)

2. The applicant, volunteer, intern, temporary agency, or contract personnel shall hand-carry the fingerprint application, along with a valid California driver's license or identification card , to the Stockton Police Department Evidence Identification Section to complete the fingerprint process.

3. Upon receipt of COR I, including Subsequent Arrest Information, the designated Human Resources employees shall review the information for any arrests or convictions for disqualifiers. If there are no disqualifiers, the clearance date shall be entered into the confidential database set up for this specific purpose. Upon the employee's separation f rom City service, the California Department of Justice shall be notified of the separation to ensure that Subsequent Arrest Notifications are no longer received.

4. In the event COR I, including Subsequent Arrest Information, reveals disqualifiers, the Director of Human Resources shall evaluate the effect and potential effect of the employee's record of arrest on his/her position of employment, fellow employees , and the public in accordance with sections 11.8.2, above; and shall take appropriate action to maximize public safety and minimize
242
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND
HOLDING POSITIONS WITH THE City

OF STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

potential liability while respecting the rights of the employee or volunteer .

No applicant for employment will be permitted to report for work until the Director of Human Resources, or his or her designee, has first determined from review of the CORI information that the applicant has no disqualifying convictions.

In addition, any employee, volunteer, intern, temporary agency or contract personnel who has direct contact with minors and for whom a disqualifier is subsequently revealed shall be subject to any one of the following actions:

a. Transfer to a comparable position whose duties require no direct contact with children.

b. Reassignment to another department.

c. Placement back into a previously held position.

d. Termination.

5. The notice of rejection of application for employment or the notice of termination due to disqualifiers is the sole responsibility of the Human Resources Department. The Human Resources Department will immediately notif y the Department of Justice that the affected applicant , employee, or volunteer has been rejected and that subsequent reports are not necessary.

6. The appointing authority shall not make a hiring decision until after CORI has been received and reviewed by the Human Resources Department.

7. The applicant, employee, or vo lunteer shall be responsible for reporting any conviction or arrest pending final adjudication to the Human Resources Department. If any conviction or arrest pending adjudication occurs while the employee or volunteer is working for the 243
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Subject:

FINGERPRINTING OF APPLICANTS,
Directive No.

HR-40

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND
HOLDING POSITIONS WITH THE City

OF STOCKTON
Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

City, the employee or volunteer shall report that conviction or arrest to the Human Resources Department. Failure to report an arrest or conviction shall be grounds for disciplinary action, up to and including termination.

8. Employees transferring or promoting to positions covered under this directive shall have a right of reversion to a previously held position in the event subsequent arrest information reveals a disqualifier; EXCEPT THAT the City reserves its right to discipline an employee, up to and including termination, pursuant to the City Charter , Stockton Municipal Code, Civil Service Rules, collective bargaining agreements , and/or any applicable laws or regulations.

IV PENALTIES

A. Misuse of CORI is a criminal offense, which may result in criminal or civil prosecution and may result in administrative action up to and including loss of access to information maintained by the Department of Justice and/or termination of employment, in accordance with City Charter sections 1201(a) and 1502, Administrative Directive No . HR-008, applicable memoranda of understanding, and/or the Civil Service Rules and Regulations.

B. Any violation of this policy shall result in disciplinary action, up to and including termination from City service.

APPROVED:

KURT 0. WILSON
City MANAGER
244
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND
HOLDING POSITIONS WITH THE City OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

APPENDIX A

Convictions for which an applicant may be rejected, or for which refusal of certification for appointment, or termination of employment may result, are as follows:

Crimes Against Persons

• Murder (Penal Code § 187, et seq.)
• Voluntary manslaughter (Penal Code § 191.5, et seq.)
• Mayhem (Penal Code § 203, et seq.)
• Torture (Penal Code § 206, et seq.)
• Robbery (Penal Code § 211, et seq.)
• Assault and/or battery (Penal Code §§ 240, et seq.; 243, et seq.) • Rape (Penal Code §§ 261-263; 269.)
• Kidnapping (Penal Code § 207, et seq.)
• Prostitution (Penal Code §§ 266-267)
• Lewd or lascivious acts (Penal Code §§ 288, 288 .2)
• Indecent exposure (Penal Code § 314)
• Stalking (Penal Code § 646.9, et seq.)
• Registered sex offender (Penal Code § 290)
• Child abandonment (Penal Code§ 271, et seq.)
• Contributing to the delinquency of a minor (Penal Code § 272, et seq.) • Incest (Penal Code § 285)
• A criminal violation that is substantially similar in nature to any of the foregoing crimes against persons.

Crimes Against Property

• Arson (Penal Code § 451, et seq.)
• Theft I Larceny (Penal Code § 484, et seq.)
• Burglary (Penal Code§ 458, et seq.)
• Forgery (Penal Code§ 470, et seq.)
• Embezzlement (Penal Code§ 503, et seq.)
• Identity theft (Penal Code§ 530. 5, et seq.)
245
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND
HOLDING POSITIONS WITH THE City OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

Extortion (Penal Code § 581, et seq.)
• A criminal violation that is substantially similar in nature to any of the foregoing crimes against property.

Crimes involving Controlled Substances

Any crime described in the California Uniform Controlled Substance Act (division 10, commencing with section 11350), except where consideration of such conviction for employment purposes is prohibited or otherwise limited by law per Labor Code section 432.8. Employers are prohibited from considering marijuana related convictions which are more than two (2) years old. Specifically, agencies may not consider marijuana related convictions for violations of subdivision (b) or (c) of section 11357 of the Health and Safety Code or a statutory predecessor thereof, or subdivision (c) of section 11360 of the Health and Safety Code, or sections 11364, 11365, or 11550 as related to marijuana prior to January 1, 1976, or a statutory predecessor thereof.

Miscellaneous Crimes

• Perjury (Penal Code § 118, et seq.)
• Falsifying/Tampering with Evidence (Penal Code §§ 132-135.5) • Falsifying public documents (Penal Code§ 112, et seq.) • Bribery (Penal Code §§ 68, 92, et seq., 165)
• Money laundering (Penal Code§ 186.9, et seq.)
• Bookmaking (Penal Code§ 337a)
• Misappropriation of public funds (Penal Code § 424, et seq.) • A criminal violation that is substantially similar in nature to any of the foregoing miscellaneous crimes.
246
Exhibit 1

EXHIBIT

2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Signature of Compliance for HR 40

Operator confirms that all employees and volunteers who are working or volunteering at any City pool or park for all activities (swimming, seamless summer food program, summer camp, and swim team) are in compliance with City of Stockton HR40 guidelines about fingerprinting and disqualifying criminal convictions. This Compliance is due annually before opening day of Aquatic Facilities. Any addition of staff after that date will require a signature page by Operator provided to City the week of new hire.

SIGNATURE LINE
247
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

EXHIBIT 5:

FACILITIES INVENTORY

CITY INVENTORY

1. Signage

Operational Hours (soft sign)
National Fire Protection Agency (NFPA) Sign
Sign- Emergency Numbers
Sign- Keep Closed
Sign- diarrhea
Sign- CPR
Sign- Pool Rules
Sign- Pool Capacity

2. Life Saving Equipment

Life Ring
Rope-length
Rescue Pole-length
Backboard and head immobilizer

3. Equipment

Telephone
Umbrella-Stands
Chairs
10-person first aid kit
Pool Binder
Water hose
CERS binder and “station”
Emergency Spill pack
Personal Protection Equipment (PPE) (apron, neoprene gloves, Full face shield)

Operator EQUIPMENT

1. Equipment
Buoys- x per site

2. Supplies
Replacement supplies for first aid kit
Cleaning supplies, hand soap, toilet paper, garbage bags, paper towels and janitorial supplies
248
Exhibit 1
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

EXHIBIT 6
San Joaquin County Health Department Notice
Title 22 CCR Changes Effective January 1, 2015
Item 1: Pool Chemistry Requirements
Free Chlorine Residual
parts per million (ppm)
Bromine
Residual
(ppm) pH
Combined
Chlorine
(ppm)
Without
Cyanuric
Acid
With
Cyanuric
Acid
Min Max Min Max Min Max
Public Pools
All public pools
(excluding spas,
wading pools, and
spray grounds)
NEW
01/01/15 1.0 10.0 2.0 10.0 2.0 - 7.2-7.8 0.0 - 0.4
OLD
Before
01/01/15

1.0 - 1.5 - N/A N/A 7.2-8.0 N/A
Public Spas, Wading
Pools, and Spray
Grounds
NEW
01/01/15 3.0 10.0 3.0 10.0 4.0 - 7.2-7.8 0.0 - 0.4
OLD
Before
01/01/15

1.0 - 1.5 - N/A N/A 7.2-8.0 N/A
Item 2: Critical Closure Violations
VIOLATION DESCRIPTION: CHANGES ARE BOLDED
1 Failure to maintain clean pool water and clear pool water requirements.

Bottom of pool, at the maximum depth, is not clearly visible from the deck 2 Inadequate disinfection
Failure to meet microbiological (well-systems) or chemical water-quality standards 3 Improper pH
4 Presence of inhalation hazards
5 Missing or broken suction outlet covers
6 Missing or broken pool enclosures, including fencing and gates 7 Hazards to pool users
8 Any other violation of these regulations identified by the enforcing agent (e.g., lack of safety equipment)
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Item 3: Operational Changes
Variation in Rate Flow:

Must not fall below 75% of the rate required by the system. (Example: If your calculated flow rate should be 65 gallons per minute, your water flowing through the pump system shall be at least 75% of 65, which would be approximately 49 gallons per minute.) Previous code allowed for a flow rate reduction of 65%.

Response to incidents is now required by Code:

Including fecal, vomit, blood contamination, and near drowning/drowning incidents. (See page 4). Previously this procedure was recommendation only.

For all pools exceeding 75 feet in length or 50 feet in width to provide a rescue pole and life ring that is available on at least 2 opposing sides of the pool at centralized locations.
(Previously only one set of equipment was required.)
Additional Record Keeping Requirements
The concentration of free chlorine/bromine and pH levels are still required to be recorded on a daily basis* and cyanuric acid level (if used) on a monthly basis.

Records must be maintained for two years. In addition to free chlorine/bromine and pH levels, the following records must be kept.

Daily Records*:
• Heated pools water temperature
• Equipment readings
• Calibrations
• Corrective actions taken
As Required:
• Combined Chlorine
• Maintenance
• Maintenance
Procedures
• Repairs
Exhibit 1
250
Item 4: Required Items for Pools with Lifeguards:
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

• A Red Cross 10-Person Industrial First Aid Kit or
equivalent
• An operating telephone
• A Backboard with immobilizer

Item 5: Incident Report Log
Operator must maintain and report to City for fecal, vomit, blood contamination, near drowning, or drowning incidents.

Item 6: Lifeguard Health: Reporting Requirement
If two or more lifeguards or pool users at a public pool report within 5 days of each other to the pool operator that they have had diarrhea, the pool operator shall report this to the enforcing agency.

Exhibit 1
251
EXHIBIT 7:
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

San Joaquin County Health Department Notice
Recommendations for the Management of Fecal Accidents at Public Pools

1. When a fecal accident occurs, close the pool(s) and instruct all pool users to exit the pool(s) immediately. Do not allow anyone to enter the contaminated pool(s) until all the following steps are completed.

2. Remove as much of the fecal material as possible using a net or scoop and dispose of it in a sanitary manner. Clean and disinfect the net or scoop (e.g., after cleaning, leave the net or scoop immersed in the pool during the disinfection period). Vacuuming stool from the pool is not recommended. If the pool is vacuumed, waste should be directed to a sanitary sewer and not through the filtration system.

3. A. If the fecal accident involves a “formed stool” (solid, not liquid), raise the free available chlorine concentration to 2 mg/L (parts per million) and maintain the pH between 7.2 -

7.5 for at least 25 minutes. If a free available chlorine concentration of 3 mg/L is present, the time can be reduced to 19 minutes.

B. If the fecal accident involves “diarrhea or a loose stool,” raise the free available chlorine concentration to 20 mg/L and maintain the pH between 7.2 and 7.5 for at least 8 hours.

This is equivalent to a CT value of 9,600. The CT value is the concentration of chlorine in mg/L multiplied by the time in minutes. In this case, a 20 mg/L concentration of chlorine maintained in a pool for 8 hours or 480 minutes will result in a CT value of 9,600 (480 minutes X 20 mg/L). Any combination of chlorine concentration and time resulting in a CT value of 9,600 or greater can be used to achieve disinfection.

For fecal accidents involving “diarrhea or loose stools,” the filter should be thoroughly backwashed to a sanitary sewer after the CT value has been reached and before the pool is reopened.

4. During the entire treatment period, ensure that the pH is maintained between 7.2 and 7.5.

The pH may be affected if additional chlorine is added to the pool.

5. Ensure that the filtration system is operating, and the proper free available chlorine concentration is maintained throughout the treatment period. Ensure free available chlorine concentrations are found throughout all areas of the pool or co-circulating pools by sampling in at least three widely spaced locations away from return water inlets.

6. The pool may be reopened after the required time/concentration or CT value has been achieved and the free available chlorine residual is below 5.0 mg/L.

7. If the pool is a low volume pool, such as a spa pool or wading pool, the pool can be Exhibit 1
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

drained. he pools should be refilled, the water balanced, and the proper time/concentration or CT value achieved before being reopened.

8. Establish a fecal accident log. Document each fecal accident by recording the following information:
a. Date
b. Time of the event
c. Formed stool or diarrhea.
d. Free available chlorine concentration and pH at the time of observation of the event e. Free available chlorine and pH before reopening the pool. f. Contact time.
g. Procedures followed to respond to the fecal accident, including the process used to increase the free chlorine residual if necessary.

9. In the event of contamination with vomitus in a pool, the procedures for a “formed stool” (3A above) should be followed.

Notes:
• Fecal accident pool closure procedures are based on recommendations by the Centers for Disease Control and Prevention.
• All contact times assume a water temperature of 25°C (77°F). • Theoretical Pool Closure Times for 99.9% Inactivation of Giardia Cysts by Free Available Chlorine, pH7.5, 25°C derived from the EPA’s Disinfection Profiling and Benchmarking Guidance Manual.
• The “short pool closure time” is the chlorine concentration/contact time theoretically required to inactivate Giardia cysts. The “long pool closure time” is the chlorine concentration/contact time theoretically required to inactivate Cryptosporidium oocysts. • Non-chlorine disinfectants are not addressed and should not be used because there is limited pathogen inactivation data available for these compounds. • The impact of chlorine stabilizers such as chlorinated isocyanurates on pathogen inactivation and disinfection measurement is unclear and warrants further investigation. Increased contact time may be desirable. • Many conventional test kits cannot measure free available chlorine in a range that includes 20 mg/L. Use chlorine test strips, kits that can measure in this range or make dilutions using a standard DPD (N,N-diethyl-p-phenylenediamine) test kit and chlorine- free water. High levels of chlorine may damage pool equipment. Exercise caution or consult with an experienced aquatic professional.

Exhibit 1
253
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

EXHIBIT 8:

Compensation Schedule
Total Annual Compensation for.

Year 1 Term of Agreement
(2023 Swim Season)

POOL COMPENSATION AMOUNT
BROOKING PARK POOL $39,312
OAK PARK POOL $53,188
SOUSA PARK POOL $46,250
HOLIDAY PARK POOL $46,250
TOTAL COMPENSATION $185,000
Exhibit 1
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

EXHIBIT 9:

HR 15, Harassment and Discrimination Policy
Exhibit 1
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

Exhibit 1
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

EXHIBIT 10:

Scope of Services

A. Facility Start Up Responsibilities

Operator will be responsible to:

1. Prepare and submit the Pre-season Site Evaluation and Recommendation Report. Once contracted, Operator will tour and review all bathhouses, pool decks, pool shells, review pump/chemical/filtration system reports and operations, vacuuming equipment/hoses, ladders, chemical feeders, pumps, monitors, fencing, pool enclosures backwash and filters, safety equipment, meet with water quality operator, and evaluate essential pool equipment and recommend the needed improvements prior to May 22, 2023. Operator will provide detailed report will be submitted to City of Stockton Recreation Division within 2 weeks of tour and evaluation. This report will ensure ample time to make repairs and improvements to successfully open facilities on time.

2. Set up each facility for swim season, completely clean interior and exterior of pool houses/ancillary buildings, scrub bathrooms, check fixtures, complete work orders, pressure wash exterior surfaces.

3. Prepare for usage all moveable equipment (tables, chairs, lounges, umbrellas. lifeguard chairs, lane lines, etc.).

4. Check phones and phone lines and schedule staff to be available for repairs if needed.

5. Pressure wash pool deck.

6. Test all pool equipment with water quality operator in April and confirm with the City everything works according to operator specifications for season.

7. Check and order (through City) replacement safety equipment per SJC Health Department requirements.

8. Schedule a walk through/ inspection with SJC Health Department, Water Quality Rep and City Rep for each pool before opening day.

9. Verify backwash and filters are in working order before opening.

10. Report facility deficiencies promptly.

Exhibit 1
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

11. Responsible for managing facility keys (check In and out) according to City Policies.

Operator will be charged to rekey the building if employee keys are not returned by season close deadline to be established.

12. Review and modify the CERS report for each facility as appropriate. Keep a copy of the file at each pool.

B. Facility Operations - Swim Season

The Operator will be responsible for the following duties:

1. Unlock/disarm facility at opening, rearm and lock facility upon closing, and answer alarm calls off hours.

2. Complete and document a daily safety check of the entire facility.

3. Check water and chemical levels, clean filters and skimmers, vacuum pool, check systems.

4. Provide staff 30 minutes prior to opening and 30 minutes after closing to the public to complete daily and weekly tasks.

5. Pool will be swept and vacuumed daily before the public enters the pool.

6. Offices, entries, all bathrooms, all areas within fencing and premises within 25 feet of entry shall be maintained by Operator (collect and remove garbage and debris).

7. Primary cleaning of facilities will occur when the facility is closed to the public daily.

8. All outdoor areas must be swept/blown clean daily before opening.

9. Operator will maintain safety equipment and document daily check and testing.

10. O
perator will maintain a copy of all work orders submitted to City. Logs and Reports will be reviewed weekly in weekly meetings.

11. Operator will maintain a complete log and copies of all incident reports, pull outs, rescues, injuries. Specific circumstances and staff present will be documented.

Serious issues will immediately be communicated with City representative.

Exhibit 1
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

12. Partial day closures and complete closures will be documented.

13. Operator will maintain water quality logs during open hours and immediately communicate deficiencies to water quality operator and city representative.

14. Operator or will immediately notify water quality operator and city representative of repairs or water quality equipment or issues at facility.

15. Operator shall provide replacement first aid materials, janitorial supplies (trash bags, paper towels, garbage bags, soap, toilet paper, cleaners, light bulbs).

16. City shall provide and pay for gas, electricity, water, garbage service, telephone service and security service.

17. Water Quality Operator shall provide to operator, on behalf of City, any pool chemicals required to maintain water quality standards during open hours.

18. Operator shall provide a Management Plan, Marketing Plan, and Financial Plan for successful operator of all facilities.

19. Operator will provide operator inventory Report which is 100% of City and Operator equipment on site.

20. Operator is granted exclusive right to sell food and merchandise at facility at sole cost and expense of operator. Concession licenses will be clearly posted. Operator must pay all taxes and report in a timely manner.

C. Staff Responsibilities

1. Operator will designate a pool lifeguard (CPO certified) as manager for each facility. This position will be responsible for the staffing, management, supervision, and operation of the facility.

2. Operator will provide lifeguard supervision for public swimming, swim lessons, swim team practices, swim meets, all organized pool activities including rentals and private uses. All lifeguards must have a current Lifeguard Training certificate, CPR, and First Aid certifications on file and available for viewing at facility at all times. Proof will also be provided to City before the first scheduled work shift.

3. Operator shall provide and maintain reasonable and adequate staffing levels as provided to meet the 10/20 rule and the five-minute scanning strategy to maintain operations. Operator shall maintain personnel and staff that will meet or exceed the certification standards set for the American Red Cross (or equivalent) and local or state department of public health for each position.

Exhibit 1
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

4. In all aspects, Operator must maintain safe ratio of lifeguards to participants and circumstances at each pool site. A minimum of two lifeguards are required for each shift of fifty attendees or less.

One (1) additional lifeguard is required for every additional twenty-four (24) people in attendance before the first 50 in attendance. Pool manager may count as one of the two minimum guards.

Lifeguard will be responsible for the safety of the pool patrons, the safety and cleanliness of the facilities (including bathrooms).

5. Operator must provide one staff to monitor entrance, greet patrons, check/clean bathrooms hourly, collect fees and provide spot inspections of all areas of facility hourly. That person must be CPR and first aid certified.

6. Operator must include a copy of training and hiring practices for lifeguards and pool managers with proposal. Operator must document effective communication regarding training, evaluation, and disciplinary policies and policies and procedures for lifeguards and pool managers.

7. Operator must include a copy and description of weekly skills test and in-service training for lifeguards. Skills test will be documented, and City staff will be present during the skills tests from time to time.

8. Lifeguards must be supervised weekly, and documentation of supervisor must be available for City review. A company officer or manager will be required to supervisor managers and meet with City designated contact weekly.

9. Operator will comply with HR-40 and verify each employee has a complete background check before starting work on site. Documentation may be audited by the City.

10. Operator will post certifications from County Health Department.

11. City may designated additional rules and regulations specific to certain aquatic facilities and be enforced by Operator.

12. Operator will provide a weekly summary of employees that work at each site each week.

D. Programming.

1. Operator will provide a Program Plan for each facility which provides hours of operation, days of operation, type of activities each day by scheduled period (recreational/open swim, swim lessons, water aerobics, lap swim, swim team activities, water safety classes, lifeguard training, special events and private rentals), This shall be provided before May 15 of each swim season.

2. Operator shall provide weekly and monthly participation reports for actual daily use for all facilities (inclusive of swimmers and spectators) including number of rentals, schedule of programs, program fees, listing of programs offered. Statistics should show daily use, summarized in a weekly and totaled monthly.

3. Pool r
entals and parties may be scheduled outside of regular public operation, programming, and swim team hours.

Exhibit 1
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2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

4. The Operator has the authority to close the facilities during inclement weather and be prepared to reopen the facility if and when the weather improves.

5. If a facility is to be closed for the day, there will be a mutual agreement by Operator and City to close the facility to the public. Operate will notify the City when closing so City can notify the public.

6. Operator shall provide the City monthly participation reports for each facility by the 10th of the following month. Participation Reports shall include 100% of the activities and the number of attendees for all facilities as identified in Article 2.10.

7. Operator shall clearly provide guidance and signage regarding minor attendance, minimum swim standards, etc.

8. If Operator plans to operate a summer camp in conjunction with the pool, a detailed staffing and program plan must show how the programs are related and demonstrate adequate supervision and support.

E. Season Closure Activities

1. Operator shall tour the facility with City representative and water quality operator to review and inspect facility and equipment status and repairs.

2. Operator shall clean and sanitize the pool house areas, restrooms, all interior and exterior spaces, storage areas, decks, etc.

3. Operator shall neatly stack and organize supplies. Operator may keep supplies in the pool house storage area neatly for the life of the agreement, but materials and supplies left at termination of the agreement will become property of the City of Stockton.

4. Post Season Closure Report. Operator shall provide a Post-Season Closure Report. The post- season site evaluation and recommendation report. Operator, Water Quality Operator and City representative will tour and review all bathhouses, pool decks, pool shells, review pump/chemical/filtration system reports, vacuuming equipment/hoses, ladders, chemical feeders, pumps, monitors, fencing, pool enclosures backwash and filters, safety equipment, and provide essential pool equipment feedback for next season. This Report shall be submitted 2 weeks after the tour.

5. Keys MUST be returned during final walk through at close of Agreement or at termination by each employee.

F. Health and Safety Standards

1. Operator shall maintain accident and incident reports and notify City representative immediately of any occurrence. Operator is not authorized to speak to media regarding any incident on site, and all media requests must be immediately forwarded to City Public Information Officer Connie Cochran.

Exhibit 1
273
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

2. City will supply one first aid kit per facility, and Operator must maintain supplies in accordance with local health department requirements.

3. Operator must provide a copy of their Company safety plan which includes number of safety meetings during swim season, how often safety inspections are performed, nature of safety orientation for new employees.

4. Operator must maintain a complete file of comments, complaints, and incidents. Suggestions and complaints must be provided to city representative weekly.

5. Operator shall meet or exceed all local, state, and national health and safety standards and always maintain the pool enclosure in a clean and safe condition.

6. Operator will be required to participate in a complete aquatic review program by an agency such as American Red Cross, Ellis, and Associates, etc. The review must be completed by the same organization that provides the certificate. The program should be included in the proposal.

7. Operator will provide copies of pool rules, participation waivers, etc.

8. Operator will notify City about signage requirements, both mandated and optional (rules).

Exhibit 1
274
2023 POOLS & LIFEGUARD MANAGEMENT LLC. AQUATICS FACILITIES AGREEMENT

EXHIBIT 11:

Swim Schedule by Aquatic Facility
This Exhibit may be adjusted according to the terms of Article 5.5 of the Agreement Holiday Park Pool Oak Park Pool Sousa Park Pool Brooking Park Pool Open: Memorial Day –
Labor Day Weekend
Open: Memorial Day –
Labor Day Weekend
Open: Memorial Day –
Labor Day Weekend
Open: Memorial Day –
Labor Day Weekend
5703 Kermit Lane
Stockton, CA 95207
3537 Alvarado Ave.

Stockton, CA 95204
2829 Yellowstone Ave.

Stockton, CA 95205
4505 Nugget Ave.

Stockton, CA 95207
Open Swim
Tuesday-Sunday:
1:00PM-6:00PM
Family Swim
Tuesday-Sunday:
6:00PM-8:00PM
Open Swim
Tuesday-Sunday:
1:00PM-6:00PM
Family Swim
Tuesday-Sunday:
6:00PM-8:00PM
Open Swim
Tuesday-Sunday:
1:00PM-6:00PM
Family Swim
Tuesday-Sunday:
6:00PM-8:00PM
Open Swim
Tuesday-Sunday:
1:00PM-6:00PM
Family Swim
Tuesday-Sunday:
6:00PM-8:00PM
Aquatic Programs:

Swim Lessons
Tuesday-Friday:
10:00AM-12:30PM
6:00PM-8:00PM
Adult Water Fitness
Saturday:
9:00AM-10:00AM
Baby & Me
Saturday:
10:00AM-11:00AM
Intro. To Water
Saturday:
11:00AM-1:00PM
Aquatic Programs:

Swim Lessons
Tuesday-Friday:
10:00AM-12:30PM
6:00PM-8:00PM
Adult Water Fitness
Saturday:
9:00AM-10:00AM
Baby & Me
Saturday:
10:00AM-11:00AM
Intro. To Water
Saturday:
11:00AM-1:00PM
Aquatic Programs:

Swim Lessons
Tuesday-Friday:
10:00AM-12:30PM
6:00PM-8:00PM
Adult Water Fitness
Saturday:
9:00AM-10:00AM
Baby & Me
Saturday:
10:00AM-11:00AM
Intro. To Water
Saturday:
11:00AM-1:00PM
Aquatic Programs:

Swim Lessons
Tuesday-Friday:
10:00AM-12:30PM
6:00PM-8:00PM
Adult Water Fitness
Saturday:
9:00AM-10:00AM
Baby & Me
Saturday:
10:00AM-11:00AM
Intro. To Water
Saturday:
11:00AM-1:00PM
Additional Programs
offered
Additional Programs
offered
Additional Programs
offered
Additional Programs
offered
Exhibit 1
275
City of Stockton
Legislation Text
File #: 23-0185, Version: 1

ADOPT A RESOLUTION TO APPLY FOR, ACCEPT, AND APPROPRIATE GRANT FUNDING

FROM THE STATE OF CALIFORNIA - DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT (HCD) FOR ROUND THREE OF THE HOMEKEY GRANT PROGRAM AND

AWARD HOMELESS HOUSING ASSISTANCE AND PREVENTION (HHAP) GRANT FUNDS TO

THE PROJECT AS MATCH FUNDING TO THE APPLICATION

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

1. Authorize staff to apply for, accept and appropriate Round 3 of the State of California’s Homekey Program grant funds in an amount not to exceed $35,000,000. · Submit a Homekey Round 3 application to the State in partnership with Upholdings California, LLC for the acquisition and redevelopment of the Econolodge motel property, providing a minimum of 76 efficiency, 1-bedroom and 2-bedroom units for individuals who are homeless or at imminent risk of homelessness.

2. Allocate an amount up to $9,720,757 in existing City funds for acquisition, pre-development, rehabilitation, and capitalized operating subsidy reserves, if the Homekey grant application is approved by HCD, including:
· $1,800,000 of American Rescue Plan Act (ARPA) Funds;
· Up to $1,281,000 of Low and Moderate Income Housing Funds; · $3,789,359 of Homeless Housing Assistance and Prevention (HHAP) Round 3 grant funds; and
· $2,850,398 of Homeless Housing Assistance and Prevention (HHAP) Round 4 grant funds, contingent on final executed agreements with the State.

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

Summary
The State of California has authorized over $3.5 billion in Homekey program funds since 2020-21.

The Department of Housing and Community Development has awarded $2.7 billion in Homekey funds to over 200 projects across the state for the creation of new homes for homeless individuals.

The general purpose of Homekey funding is to develop a broad range of housing types, including but not limited to hotels, motels, single-family homes and multifamily apartments, manufactured housing, and to convert commercial properties and other existing buildings to permanent or interim housing for persons experiencing or at risk of homelessness.

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Eligible uses of Homekey funds include:
· Acquisition or Rehabilitation, or acquisition and Rehabilitation, of motels, hotels, hostels, or other sites and assets, including apartments or homes, adult residential facilities, residential care facilities for the elderly, manufactured housing, commercial properties, and other buildings with existing uses that could be converted to permanent or interim housing. · Master leasing of properties for non-congregate housing. · Conversion of units from nonresidential to residential. · New construction of dwelling units.
· The purchase of affordability covenants and restrictions for units. · Relocation costs for individuals who are being displaced as a result of the Homekey Project. · Capitalized operating subsidies for units purchased, converted, constructed, or altered with funds provided pursuant to HSC section 50675.1.3.

DISCUSSION
Background
In 2022, the City adopted a Homeless Action Plan which identified the development of housing opportunities for homeless individuals as the highest priority. Locally, the City has established an ambitious goal to create at least 200 new units of homeless housing and increase the number of people exiting homelessness into permanent housing. To date three Homekey projects have been awarded to the City of Stockton, representing 124 new housing units. · Central Valley Low Income Housing Corporation
Town Center Studios (40 units) - first phase complete
· Housing Authority of San Joaquin County
Calaveras Quarters (69 units) - under construction
· Visionary Home Builders
Ville d’ Flore (15 units) - under construction
Under a third, and anticipated final round of Homekey grants, the State of California is making $735,988,501 available, including:
· $43 million for projects in the San Joaquin Valley region · $75 million for projects that prioritize youth
· $73.5 million in discretionary reserve for highly qualified projects from oversubscribed areas Applications are being accepted on a rolling basis, starting April 24, 2023. Projects must demonstrate:
· Site Control
· Sufficiency of local match funds
· Capitalized operating subsidy reserves for five years · Capacity for full occupancy within 15 months of award letter · Property shall be encumbered with 55-year affordability Covenant City of Stockton Printed on 4/25/2023Page 2 of 5
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Present Situation
In January, the City of Stockton issued a press release and circulated notification requesting qualified development partners to submit Letters of Interest to act as co-applicants with the City of Stockton to apply for Homekey Round 3 funds.

Letters of Interest were received from:
· Upholdings, an affordable housing development firm based in Fresno CA. They have over 10 years of development experience and proposed a project converting the Econolodge Motel. A signed purchase and sale agreement was provided demonstrating site control. · Central Valley Low Income Housing (CVLIHC), a local non-profit providing affordable housing for low income and homeless individuals. CVLIHC is in the process of developing Town Center Studios, in partnership with STAND affordable housing. Several properties were proposed, but site control is not yet secured.

Subsequently, the Economic Development Department met with both respondents to review project feasibility and suitability for the Homekey funding.

Based upon this review, the Economic Development Department is recommending that the City of Stockton, in partnership with UPholdings Stockton LLP as a co-applicant, jointly submit a Homekey Round 3 Project Application to the Department of Housing and Community Development and allocate an amount up to, but not to exceed, $9,720,757 in City allocated grant funds as match funding to the project if approved by HCD.

The City has dedicated funds that can be applied to this project without impacting the City General Fund, including:

American Rescue Plan Act (ARPA)
· Serving the hardest-hit communities and families, including low-income and socially vulnerable communities experiencing the most severe health impacts.

Investments in housing and neighborhoods, such as services to address individuals experiencing homelessness, affordable housing development, housing vouchers, and residential counseling and housing navigation assistance to facilitate moves to neighborhoods with high economic opportunity.

The $1.8 million in funding in approved motion 2021-09-14-1501 and as discussed in ARPA Council update in February will reallocated to support homeless housing.

Homeless Housing Assistance and Prevention (HHAP)
· Delivery of permanent housing and innovative housing solutions such as hotel and motel conversions.
· Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.

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Low to Moderate Income Housing Fund (LMIHF)
· A locally managed set-aside fund intended to preserve, upgrade and create housing that is affordable to very low-, low- and moderate-income households.

Project Description
The project will convert the existing 124 room Econolodge Motel into a residential apartment building, with a mix of efficiency, 1-bedroom, and 2-bedroom units. Preliminary estimates are based on the creation of 76 - 85 apartment units, located at:
1625 French Camp Turnpike
Stockton CA 95206
Assessor Parcel Number: 165-040-190
Target populations are people experiencing homelessness or at risk of homelessness. Data shows that of the 893 unsheltered homeless individuals living in Stockton, approximately 10% are older adults (89) and 35% are women (312). In Stockton, nearly half of those experiencing homelessness have been without a stable place to live for over a year (chronically homeless). Additionally, there are an estimated 160 families with children living in shelters, motels, or other transitional units.

The City also has concerns about the high number of youth ages 18-24 living in shelters, transitional housing programs, sleeping in their cars, or couch surfing and anticipates at least 20 units being occupied by young adults. The 2022 Point In Time (PIT) count identified 96 homeless youth, including 27 families headed by young adults. More recently, street outreach teams identified and enrolled 52, previously unconnected, homeless children and youth into the local Homeless Management Information System during the first three months of 2023.

The property features a swimming pool, communal recreation space, a group meeting room, and private offices for on-site staff, including a case manager. It is situated on nearly three acres and has the potential to serve as a site for further affordable housing.

The City is currently in discussions with potential service partners who have expressed support for the project and indicated a likelihood of placing clients into the housing with wraparound case management.

Potential partners include:
· Aspiranet
· Prevail
· St. Mary’s Dining Room
· Central Valley Low Income Housing
· San Joaquin County Aging Services Division
· San Joaquin Health Centers
Leasing will be conducted in partnership with local homeless serving agencies and through the coordinated entry system. It is anticipated that most tenants will use a housing choice voucher to offset a portion of their rent.

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The total anticipated cost of acquisition, predevelopment and rehabilitation is $33,662,036, a total approval amount of $35 million will cover any additional funding HCD may allocate to the project.

COST SUMMARY
LAND COST/ACQUISITION $12,510,000.00
REHABILITATION $14,301,856.00
ARCHITECTURAL FEES $380,000.00
CONSTRUCTION INTEREST & FEES $245,000.00
LEGAL FEES $90,000.00
RESERVES $620,000.00
CONTINGENCY COSTS $2,345,024.00
OTHER PROJECT COSTS $1,335,156.00
DEVELOPER COSTS $1,835,000.00
Total Development Costs $33,662,036
Anticipated funding sources for the one-time capital costs include:

Anticipated Funding Sources
Homekey Base Contribution $18,750,000
Local Contribution - City of Stockton $7,406,018
Homekey Match (of locally contributed funds) $7,406,018 Homekey Relocation Assistance $100,000
$33,662,036
In addition to funding for acquisition, predevelopment, and rehabilitation, a portion of the funds will be reserved to sustain operations for the first five years, as follows:

Capitalized Operating Subsidy Reserves (COSR)
· $2,314,739
COSR funds will be placed in reserve and used to offset operating costs from unrealized rent.

FINANCIAL SUMMARY
There is no financial impact to the City's General Fund or any other unrestricted fund as a result of this action. Homekey grant funding will be appropriated in the Special Grant Fund, Housing Division, and EDD Administration program.

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Resolution No.

STOCKTON CITY COUNCIL

A RESOLUTION OF THE GOVERNING BODY OF CITY OF

STOCKTONAUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE

HOMEKEY PROGRAM

WHEREAS:

A. The Department of Housing and Community Development (“ Department”) has issued a Notice of Funding Availability, dated March 29, 2023 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Asse m. Bill No. 140 (2021 -2022 Reg. Sess.), § 20.).

B. City of Stockton (“Co-Applicant”) desires to jointly apply for Homekey grant funds with UPholdings Stockton LLP (“Corporation”). Therefore, Co-Applicant is joining Corporation in the submittal of an appli cation for Homekey funds (“ Application”) to the Department for review and consideration.

C. The Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Departm ent-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program.

THEREFORE, IT IS RESOLVED THAT:

1. Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $35,000,000.

2. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $35,000,000 any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”).

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3. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and al l activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

4. Co-Applicant is authorized to allocate an amount up to $9,720,757 in existing Co-Applicant funds for acquisition, pre -development, rehabilitation, and capitalized operating subsidy reserves if the Application is approved and Co- Applicant enters into the Standard Agreement. Those funds include American Rescue Plan Funds in the amount of up to $1,800,000, Low and Moderate Income Housing Funds in an amount up to $1,281,000, Homeless Housing Assistance and Prevention Round 3 funds in an amount of up to $3,789,359, and Homel ess Housing Assistance and Prevention Round 4 funds in an amount of up to $2,850,398 and contingent on final executed agreements with the State. The City Manager of the City of Stockton is authorized to execute any agreements and take any necessary actions to utilize these funds in the Homekey Program.

5. The City Manager, of the City of Stockton, is authorized to execute the Application and the Homekey Documents on behalf of Co -Applicant for participation in the Homekey Program.

PASSED AND ADOPTED this _____ day of ______________, 2023, by the following vote:

AYES: [ _] NAYES: [ _] ABSTAIN: [ _] ABSENT: [ _]

The undersigned, Eliza Garza, City Clerk, of Co-Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the governing body adopted at a duly convened meeting on the date above-mentioned, and that the resolution has not been altered, amended, or repealed.

SIGNATURE: _______________________ DATE: _____________________

NAME: _____________________________ TITLE: _____________________

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City of Stockton
Legislation Text
File #: 23-0273, Version: 1

RESOLUTION AUTHORIZING AGREEMENTS WITH UBERDISPLAYS, LLC, KEY CODE MEDIA, INC., AND MUSCO SPORTS LIGHTING, LLC, TO REPLACE THE ARENA VIDEO BOARD

DISPLAYS, BROADCASTING, AND LIGHTING EQUIPMENT

RECOMMENDATION
It is recommended that the Stockton City Council adopt a Resolution:

1. Authorizing the City Manager, or designee, to execute agreements (attached as exhibits to the Resolution), to replace the Stockton Arena video board displays, broadcast, and house/game lighting equipment, with the following Contractors:
a. UberDisplays, LLC
b. Key Code Media, Inc.
c. Musco Sports Lighting, LLC

2. Authorizing the City Manager, or designee, to appropriate an additional $450,000 in funding and expenditure authority to CIP Project EV22606, from the American Rescue Plan Act Contingency Fund;

3. Finding an exception to the competitive bidding process pursuant to SMC Section 3.68.070 through use of a competitive request for proposals; and

4. Authorizing the City Manager, or designee, to take all appropriate actions to carry out the purpose and intent of this Resolution.

Summary
Approval of this Resolution will authorize the City Manager, or designee, to execute agreements with UberDisplays, LLC, Key Code Media, Inc., and Musco Sports Lighting, LLC, allowing the replacement of the video board displays, broadcast equipment, and house/game lighting equipment, hereinafter referred to as Arena Videoboard and System Project.

DISCUSSION
Background
The current video display, broadcast, and house/game lighting technology at the Stockton Arena are original to the building (2005), beyond useful life, and near critical failure. In understanding the estimated expectancy of technology and equipment life, anticipated costs and negative impact due to City of Stockton Printed on 4/25/2023Page 1 of 4
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failure, City staff coordinated with ASM Global (ASM), City’s venue management operator, to find an experienced consultant to define the scope of replacement equipment and system. The City authorized ASM to partner with Anthony James Partners (AJP) for services that included generating a technical scope of work and budgetary project estimate. AJP will also assist City staff with the procurement process and project oversight, through installation. AJP is an Owner’s representative audio visual (AV) and Design Consultant for professional sport franchise owners, higher education, venue management firms, Architecture and Engineering (A&E) firms, and governments; working in the industry for 15 years.

Utilizing AJP’s estimated project budget based on similar equipment in equivalent projects, $2.5 million in funding for the Arena Video Equipment & Scoreboard Project was appropriated by Council in 2022. $1.5 million was appropriated by motion 2022-05-24-1502 (Attachment A), as part of the ARPA - Uplift Downtown Initiative. The remaining balance of $1 million was authorized by Resolution 2022-06-21-1601 (Attachment B- Sections 20 and 21), and allocated from the Entertainment Venues fund balance.

Present Situation
On December 27, 2022, the City released an RFP (PUR 23-016) to identify qualified contractors with experience to upgrade video boards, broadcasting control room equipment, new ribbon boards, house/game lighting equipment and all supporting infrastructure. Based on the complexity of the project, a three (3) package approach was requested in the RFP:
· Package I: LED Video Display Upgrades - this includes the replacement of the center-hung video boards as well as the addition of ribbon boards that run below suite level and are seen across the arena from each side.
· Package II: Broadcast, Cable & Entertainment Lighting Upgrades - This includes the operating system for all components and the control room.
· Package III: House and Game Lighting - this includes the replacement of lights in the bowl of the arena creating improvement for players, fans, operation/control, and energy efficiency.

The three (3) package- approach (displays, broadcast, and lighting) enabled the City the right to award to one comprehensive contractor for all services or to specific contractors for each project, whichever was deemed in the City’s best interest.

In total, five (5) proposals were received on February 9, 2023. Three (3) proposals for Package I, and one each for Packages II and III. A selection panel including representation from Economic Development and IT Departments, AJP, and ASM, reviewed and scored the proposals. Based on the scoring, the following proponents were selected:
· Package I: UberDisplay, LLC
Established in 2012, UberDisplays provides state-of-the-art LED displays for sport and entertainment venues. Their proprietary LED panels are designed to enhance the fan experience by providing clear images in facilities such as Bridgestone Arena, Landers Center, and Eastern Michigan University.

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· Package II: Key Code Media, Inc.

Established in 2001, Key Code Media has grown and expanded to become a formidable national System Integrator, with successful projects in excess of $15 million, 700 projects completed, and thousands of equipment items purchased/installed each year. Such projects include University of Oregon and Wyoming, Dallas Cowboys, and UCLA Athletics. · Package III: Musco Sports Lighting, LLC.

Musco has 40+ years of experience specializing in sports lighting. Musco’s LED technology has been installed in NHL and NBA facilities across the country. Over the last three (3) years, projects include facilities for Oklahoma City Thunder, University of Nebraska, Crypto.Com Arena, Home of the Los Angeles Kings and Clippers.

This project is aligned with the initiative’s goal to enhance and promote greater economic activity in the downtown core. Investment into the Stockton Arena supports the Uplift Downtown Initiative, and the goals of the adopted Economic Development Strategic Action Plan. This investment will create additional experiences for the community, drive tourism, and increase sponsorship opportunities through recruitment of additional events, such as sports tournaments.

The following findings justify and support the exception to competitive bidding, as stated under SMC Section 3.68.070:

1. Due to the specific nature of the project and industry, use of the RFP process is appropriate since it relies on evaluation of a service provider’s established professional experience, conduct, and performance as it relates to the installation of video boards, broadcast, and lighting systems.

2. The project involves a specialized field, and its success requires an experienced professional who has successfully implemented and performed such operations.

FINANCIAL SUMMARY
All expenses related to the Arena Video Equipment & Scoreboard Project, will be processed through the Capital Project No. EV22606.

The total funding obligation for all three agreements is $2,928,461; specifically as follows:

Contractor Not to Exceed Contract Amount
UberDisplays, LLC $1,119,459
Key Code Media, Inc. $1,200,502
Musco Sports Lighting, LLC $608,500
Original budget authority was $2.5 million, actual proposals require an aggregate project amount of $2,928,461, exceeding already-approved funding by $428,461. The increase in project cost is attributed to unforeseen increases in equipment, material, and labor. Additional budget and spending authority in the amount of $450,000, is required to complete all aspects of the project and City of Stockton Printed on 4/25/2023Page 3 of 4
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contingency. Appropriation of additional funding will be allocated from the American Rescue Plan Act (ARPA) contingency funds.

There is no negative financial impact to the City’s General Fund (GF), as the appropriation of the additional funding will be allocated from ARPA grant funding.

Attachment A - Motion 2022-05-24-1502
Attachment B - Resolution 2022-06-21-1601
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ATTACHMENT A
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING AGREEMENTS WITH UBERDISPLAYS, LLC , KEY CODE MEDIA, INC., AND MUSCO SPORTS LIGHTING, LLC, TO REPLACE THE

ARENA VIDEO BOARD DISPLAYS, BROADCASTING, AND LIGHTING EQUIPMENT

The outdated video display, broadcast, and house and game lighting technology at the Stockton Arena, are well beyond useful life and near critical failure; and

In 2022, City Council approved the allocation of funding to project EV22 606, authorizing the replacement of the outdated technology by motion 2022-05-24-1502 and Resolution 2022-06-21-1601; and

The City issued a Request for Proposal ( RFP) on December 27, 2022, with the intent to identify qualified contractors with experience to upgrade video boards, broadcasting control room equipment, new ribbon boards, house and game lighting equipment, and all supporting infrastructure; and

This investment will create additional experiences for the community, drive tourism, and increase sponsorship opportunities through recruitment of additional events; now, therefore,

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

1. Authorizing the City Manager, or designee, to execute agreements (attached as exhibits), to replace the Arena video board displays, broadcast, and house and game lighting equipment, with the following contractors:

a. UberDisplays, LLC
b. Key Code Media, Inc.
c. Musco Sports Lighting, LLC

2. Authorizing the City Manager, or designee, to appropriate an additional $450,000 in funding and expenditure authority to CIP Project EV22606.

Funding will come from the American Rescue Plan Act (ARPA) Contingency funding.

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3. That pursuant to SMC Section 3.68.070, contracts with these contractors may be awarded without competitive bidding, as the contractors were selected through a solicitation for competitive proposals.

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

PASSED, APPROVED, and ADOPTED May 2, 2023 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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Attachment A- House and Game Lighting
Specifications and Requirements
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REF MANUFACTURER MODEL DESCRIPTION QTY UNIT EXTENDED
1 Musco Sports Lighting, LLC TLC-LED-550 & TLC-LED-TW
SportsCluster System® with Total Light Control - TLC for LED™ Technology - Materials & Labor including Demo, Installation, and Taxes - No Sports Lighting Fixtures Dual-Purposed for House or Work Scene
100 3,700.00$ $ 370,000.00
$ 370,000.00
11 Musco Sports Lighting, LLC TLC-LED-RGBW & TLC-LED-TW SportsCluster System® with Total Light Control - TLC for LED™ Technology - Materials & Labor including Demo, Installation, and Taxes 24 4,250.00$ $ 102,000.00
$ 102,000.00
17 Musco Sports Lighting, LLC TLC-LED-RGBW & TLC-LED-TW SportsCluster System® with Total Light Control - TLC for LED™ Technology - Materials & Labor including Demo, Installation, and Taxes 20 3,700.00$ $ 74,000.00
$ 74,000.00
28 Musco Sports Lighting, LLC Gateway
Musco Gateway System including DMX control, (3) touchscreen control, replacement of (6) MicroLite panels on catwalk with (4) ILC light LEEDER MicroLite retrofit panels for on/off power control and is only for controlling fixtures on the catwalk. This pricing assumes that the existing MicroLite system will continue to operate the existing MicroLite panels not on the catwalk. The existing MicroLite system will not be able to controls the new MicroLite retrofit panels, these will be controled by new Musco system. Includes all applicable taxes 1 56,500.00$ $ 56,500.00
$ 56,500.00
16 INTEGRATION MATERIAL Cables, Connectors, Lift Rental, Etc. - Included in numbers above 1 $ - 17 INTEGRATION LABOR Design and Integration Labor - Included in numbers above 1 $ - 18 INTEGRATION TRAVEL Travel & Expenses 1 6,000.00$ $ 6,000.00 $ 6,000.00
608,500.00$ LED LIGHTING SYSTEM TOTALS

DMX CONTROL, PRODUCTION INTERFACE, TOUCHPANELS, BAS INTERFACE

DMX CONTROL, PRODUCTION INTERFACE, TOUCHPANELS, BAS INTERFACE

INTEGRATION AND MATERIALS
Integration and Materials Subtotal

STOCKTON ARENA
LED LIGHTING PROPOSAL FORM STK22-1847

SPORTS LIGHTING LUMINARIES WITH RGB

SPORTS LIGHTING LUMINARIES WITH RGB

HOUSE LIGHTING LUMINARIES W RGB

HOUSE LIGHTING LUMINARIES W RGB

EVENT FLOOR AND HOUSE WORK LIGHT LUMINARIES

EVENT FLOOR AND HOUSE WORK LIGHT LUMINARIES
PUR-23-016_Exhibit 3 Cost Proposal REVISED 1.26.23 (1) Page 1 Attachment B - Pricing Sheet
EXHIBIT 3
494
City of Stockton
Legislation Text
File #: 23-0374, Version: 1

APPROVE FINDINGS AND EXECUTE CONTRACT AGREEMENTS FOR THE PURCHASE OF

WATER AND WASTEWATER TREATMENT CHEMICALS THROUGH THE BAY AREA CHEMICAL

CONSORTIUM

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

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

2. Authorizing the City Manager to execute five (5) contracts for the purchase of chemicals for water and wastewater treatment for Fiscal Year 2023-24.

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

Summary
In 2013, the City of Stockton (City) joined the Bay Area Chemical Consortium (BACC) to benefit from bulk product pricing for the purchase of water and wastewater treatment chemicals. The BACC is a group of 62 public agencies within eight regions located throughout the Central Valley and Bay Area that coordinate chemical bids to obtain the best possible bulk bid prices through a competitive process. This will be the tenth year the Municipal Utilities Department (MUD) has participated in the BACC bid process. Over the last several years, significant cost savings have been realized by the City’s participation in the BACC. The chemicals to be purchased and the recommended suppliers are:

1. Hill Brothers Chemical Company of Brea, California for the purchase of Aqueous Ammonia at $2.38 per gallon (Exhibit 1 to the Resolution).

2. Univar USA, Inc. of Kent, Washington for the purchase of Sodium Bisulfite at $3.045 per gallon (Exhibit 2 to the Resolution).

3. Brenntag Pacific, Inc. of Santa Fe Springs, California for the purchase of Sodium Hydroxide (25%) at $987.50 per dry ton and Sodium Hydroxide (50%) at $875.00 per dry ton (Exhibit 3 to the Resolution).

4. Hasa, Inc. of Santa Clarita, California for the purchase of Sodium Hypochlorite at $2.9669 per gallon (Exhibit 4 to the Resolution).

5. Univar USA, Inc. of Kent, Washington for the purchase of Citric Acid at $15.00 per gallon (Exhibit 5 to the Resolution).

The Council action will approve findings of an exception to the competitive bidding process and will authorize the City Manager to execute five (5) contracts for the purchase of water and wastewater City of Stockton Printed on 4/25/2023Page 1 of 4
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File #: 23-0374, Version: 1
treatment chemicals to the most responsive, responsible, and competitive vendor for each chemical at the specified unit price. The term of each contract will be for one year, with options to extend the contracts on a year-to-year basis, not to exceed three yearly renewals.

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

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

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

Present Situation
For 2023, the Bay Area Clean Water Agencies (BACWA), on behalf of the BACC, has coordinated all bid specification preparations and advertisements. The invitation to bid for each chemical was advertised by the BACWA in the Alameda Times Star newspaper on January 26, 2023. BACWA, as the coordinating agency, received bids electronically through PlanetBids.com by February 23, 2023.

Results were then released to the BACC members.

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

Chemical Unit FY 22-23
Rate $/Unit
FY 22-23 Lowest
Bidder
FY 23-24
Rate $/Unit
Unit
Price
Change
Aqueous Ammonia Gal $1.97 Hill Brothers Chemical
Co.
$2.38 21%
Sodium Bisulfite Gal $1.995 Univar Solutions USA
Inc.
$3.045 53%
Sodium Hydroxide
(25%)
Dry Ton$975.00 Brenntag Pacific, Inc. $987.50 1%
Sodium Hydroxide
(50%)
Dry Ton$816.74 Brenntag Pacific, Inc. $875.00 5%
Sodium
Hypochlorite
Gal $1.5469 Hasa Inc. $2.9669 92%
Citric Acid Gal $21.60 Univar Solutions USA
Inc.
$15.00 -31%
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Chemical Unit FY 22-23
Rate $/Unit
FY 22-23 Lowest
Bidder
FY 23-24
Rate $/Unit
Unit
Price
Change
Aqueous Ammonia Gal $1.97 Hill Brothers Chemical
Co.
$2.38 21%
Sodium Bisulfite Gal $1.995 Univar Solutions USA
Inc.
$3.045 53%
Sodium Hydroxide
(25%)
Dry Ton$975.00 Brenntag Pacific, Inc. $987.50 1%
Sodium Hydroxide
(50%)
Dry Ton$816.74 Brenntag Pacific, Inc. $875.00 5%
Sodium
Hypochlorite
Gal $1.5469 Hasa Inc. $2.9669 92%
Citric Acid Gal $21.60 Univar Solutions USA
Inc.
$15.00 -31%
The chemical industry has experienced widespread price increases over the past few years, predominantly due to material and labor shortages, production disruption, and increased transportation costs. With the exception of citric acid, the increased cost to produce and deliver the necessary treatment chemicals are reflected in the price increases shown in the table above.

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

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

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

Proposed findings to support this purchase are:

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

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

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

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

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

6. All five (5) of the proposed contracts are cooperative purchasing agreements for the purchase of supplies or services through other governmental jurisdictions or public agencies.

FINANCIAL SUMMARY
Funds will be available following Council approval of the FY 2023-24 budget for the procurement of each chemical for FY 2023-24, from the Wastewater Utility funds and Water Utility Funds, and as allocated annually in the table below:

Chemical Est. Annual
Quantity
Cost/
Unit
Wastewater
Estimated
Annual Cost*
Water
Estimated
Annual Cost
Total 4-year
Not to Exceed
Amount
Aqueous
Ammonia
60,000 Gal WW
60,000 Gal W
50,000 Gal Wells
$2.38 $156,000 $262,000 $1,748,800
Sodium
Bisulfite**
240,000 Gal WW
9,500 Gal W
$3.045 $797,000 $35,000 $3,480,800
Sodium
Hydroxide (25%)
325 Dry Ton WW
110 Dry Ton W
$987.50 $350,000 $109,000 $1,920,300
Sodium
Hydroxide (50%)
155 Dry Ton WW $875.00 $148,000 $0 $619,200
Sodium
Hypochlorite
500,000 Gal WW
300,000 Gal W
50,000 Gal Wells
$2.9669 $1,617,000 $1,040,000 $11,115,900
Citric Acid*** 14,000 Gal W $15.00 $0 $227,000 $949,700 TOTAL $3,068,000 $1,673,000 $19,834,700
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Chemical Est. Annual
Quantity
Cost/
Unit
Wastewater
Estimated
Annual Cost*
Water
Estimated
Annual Cost
Total 4-year
Not to Exceed
Amount
Aqueous
Ammonia
60,000 Gal WW
60,000 Gal W
50,000 Gal Wells
$2.38 $156,000 $262,000 $1,748,800
Sodium
Bisulfite**
240,000 Gal WW
9,500 Gal W
$3.045 $797,000 $35,000 $3,480,800
Sodium
Hydroxide (25%)
325 Dry Ton WW
110 Dry Ton W
$987.50 $350,000 $109,000 $1,920,300
Sodium
Hydroxide (50%)
155 Dry Ton WW $875.00 $148,000 $0 $619,200
Sodium
Hypochlorite
500,000 Gal WW
300,000 Gal W
50,000 Gal Wells
$2.9669 $1,617,000 $1,040,000 $11,115,900
Citric Acid*** 14,000 Gal W $15.00 $0 $227,000 $949,700 TOTAL $3,068,000 $1,673,000 $19,834,700
* Wastewater Estimated Annual Cost includes 9% for taxes. ** Water Estimated Annual Cost includes Less Than Load (LTL) delivery fees of $475 per delivery for volumes less than 2,000 gallons.
***Citric Acid includes 7.75% for taxes.

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

Purchase of these chemicals will follow City Council approval of the FY 2023-24 budget. Funds for future chemical purchases will be budgeted in the same accounts, in subsequent fiscal years, and subject to approval by the City Council through the annual budget development process.

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

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498
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING FINDINGS TO SUPPORT AND JUSTIFY AN EXCEPTION

TO THE COMPETITIVE BIDDING PROCESS AND AUTHORIZING CONTRACT

AGREEMENTS FOR THE PURCHASE OF WATER AND WASTEWATER

TREATMENT CHEMICALS THROUGH THE BAY AREA CHEMICAL CONSORTIUM

Various chemicals are necessary for w ater and wastewater treatment processes.

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

The City joined the Bay Area Chemical Consortium (BACC) in 2013 to benefit from bulk product pricing for the purchase of Water and Wastewater treatment chemicals; and

The BACC consists of 62 public agencies within eight regions located throughout the Central Valley and Bay Area that coordinate chemical bids to obtain the best possible bulk bid prices through a competitive process; and

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

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

1. The City Council approves findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process for the purchase of water and wastewater treatment chemicals:
a. The Bay Area Chemical Consortium (BACC) is a group of 62 public agencies that coordinates their chemical bids to obtain the best possible bulk bid price.
b. The BACC conducts a competitive bid process to obtain the best possible bulk bid price.

c. The City of Stockton joined the BACC to participate in the public bidding of chemicals necessary for Water and Wastewater treatment processes.

d. The bid specification used by the BACC has been reviewed and determined to be compatible with City of Stockton standards.
499

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

f. All five (5) of the proposed contracts are cooperative purchasing agreements for the purchase of supplies or services through other governmental jurisdictions or public agencies.

2. The City Council authorizes the City Manager to execute the following contracts for the purchase of chemicals for water and wastewater treatment.

a. Hill Brothers Chemical Company of Brea, California for the purchase of Aqueous Ammonia at $2.38 per gallon (Exhibit 1 to the Resolution).

b. Univar USA, Inc. of Kent, Washington for the purchase of Sodium Bisulfite at $3.045 per gallon (Exhibit 2 to the Resolution).

c. Brenntag Pacific, Inc. of Santa Fe Springs, C alifornia for the purchase of Sodium Hydroxide (25%) at $987.50 per dry ton and Sodium Hydroxide (50%) at $875.00 per dry ton (Exhibit 3 to the Resolution).

d. Hasa, Inc. of Santa Clarita , C alifornia for the purchase of Sodium Hypochlorite at $2.9669 per gallon (Exhibit 4 to the Resolution).

e. Univar USA, Inc. of Kent, Washington for the purchase of Citric Acid at $15.00 per gallon (Exhibit 5 to the Resolution).

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

PASSED, APPROVED, and ADOPTED May 2, 2023 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
500
EXHIBIT 1
501
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives.

The objective of this project is for the supply and delivery of Aqueous Ammonia as outlined in the bid specifications incorporated herein by reference from Exhibit H.

2. Project Scope.

The Contractor shall prov ide the goods and insuranc e as specified. The contractor shall supply Material Safety Data Sheets.

3. Notices.

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

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

4. Option to Renew.

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

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
502
1 (REV 2022-05-17)
Exhibit B:

Insurance Requirements
(Chemical Aqueous Ammonia)

Contractor shall procure and maintain for the duration of th e contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage sh ould be maintained for a mini mum of five (5) years after contract completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurren ce” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregat e limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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.

4. Environmental Impairment/Contrac tors’ Pollution Legal Liability with limits no less than $2,000,000 per occurrence or claim , to include liability for Groundwater contamination, Explosion, Sudden and Accidental and Environmental cleanup, etc.

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.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
503
2 (REV 2022-05-17)
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, incl uding 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 su bcontractor 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) pr ovision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisf y the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Other Insurance Provisions

A. The General Liability, Automobile Liabi lity, Contractors Pollution Liability, and/or Asbestos Pollution policies ar e to contain, or be endorsed to contain, the following provisions:

1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor in cluding materials, parts or equipment furnished in connect ion with such work or operations. General liability coverage can be provided in the form of an endorsement to the Co ntractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton , its officers, officials, employees, and volunteers.” Policy shall cover City of Stockt on, its officers, officials, employees, and volunteers for all locations work is done under this contract.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, agents, and volunteers. Any insurance or self-insuran ce maintained by the Ci ty of Stockton, its officers, officials, employees, agents, 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.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
504
3 (REV 2022-05-17)

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

B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.

C. If General Liability, Contractors Pollutio n Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:

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 mainta ined 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-rene wed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

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

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

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 sh all 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 provide d 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 a pply 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.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
505
4 (REV 2022-05-17)
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.

Verification of Coverage
Contractor shall furnish the City of Stockton with original certifi cates 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 listi ng 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 Stoc kton reserves the right to require complete, certified copies of all requir ed insurance policies, includin g endorsements required by these specifications, at any ti me. 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.

Waiver of Subrogation
Contractor hereby grants to City of St ockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Co ntractor agrees to obtain any endorsement that may be necessary to a ffect this waiver of subrogation but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.

Subcontractors
Contractor 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. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, se rvice, 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.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
506
5 (REV 2022-05-17)
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
507
1 (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 shal l 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 se rvices 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 du e diligence in accordance with the degree of skill normally exercised by similar contra ctors 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 Contra ctor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to eviden ce 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 re place them at its own expens e. Contractor and its approved subcontractors shall keep materials confidenti al. Materials shall not be used for purposes Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
508
2 (Rev. 10.30.18; Mod 07.12.22 SG)
other than performance of se rvices 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 th is 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 Agreem ent 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 co ntractor and Contractor sha ll not be considered to be an employee of the City fo r 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 expre ssly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall deter mine 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 control with respect to the physical action or activities of Contractor in fu lfillment of this Agreement.

Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the re sponsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of em ployment 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.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
509
3 (Rev. 10.30.18; Mod 07.12.22 SG)

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

10 Subcontractor.

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

10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of em ployment including hours, wages working conditions, discipline, hiring, and dischargi ng 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. T he 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 t he Agreement is so terminated, the Contractor sha ll be paid for the work actually completed at the time the notice of termination is received.

11.2 Should either party default in the perfo rmance of this Agreement or materially breach any of its provisions, t he 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 pay ment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its so le discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pur suant to applicable provisions of the Agreement; or (b) offer to am end the Agreement to reflec t the reduced funding for this Agreement.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
510
4 (Rev. 10.30.18; Mod 07.12.22 SG)
12 Non-Assignability. The Contractor shall not assi gn, 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 c onditions 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 an d 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 c ontained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the Cit y of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.

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

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

16 Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of per sons or in the provision of serv ices under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

17 Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Cont ractor’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 Agreem ent. 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 pe rmits shall be maintained in full force and effect during the term of this Agreement.

18 Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain comp lete 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 in clude, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
511
5 (Rev. 10.30.18; Mod 07.12.22 SG)
19 Confidentiality. Contractor shall exercise reas onable 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 inte rest with any official, employee or other representative of the City. Contractor and its pr incipals do not have any financial interest in real property, sources of income or investm ent 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 sa me or of any other covenant, condition or obligation. No payment, partial payment, acc eptance, 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 S uperior Court of the Co unty of San Joaquin, Stockton Branch or, where applicabl e, in the Federal District Court of Califor nia, Eastern District, Sacramento Division.
23 No Personal Liability. No official or employee of Cit y shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
24 Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinanc e 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 ext ent that the provisions of this Agreement are severable.
25 Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, ph ysical 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. Cont ractor and its officers, employees, agents, representative or subcontractor s 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 nondiscrim ination 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 require s that “no person in the United Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
512
6 (Rev. 10.30.18; Mod 07.12.22 SG)
States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26 Force Majeure. Neither party shall be responsib le for delays or failures in performance resulting from acts of God, acts of civil or milit ary authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or ot her 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.

29 Advice of Attorney. Each party warrants and repres ents 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, Integr ation, 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 Ag reement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
513
1 (Rev. 4.18.22)

EXHIBIT D

GOODS AND SERVICES SPECIAL TERMS AND CONDITIONS
1 Definition
s. 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 fu lly and to the standard of per formance 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, includi ng associated technical docume ntation. 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 purchase of goods and services only. The special condit ions shall be read in conjunction with the Standard Agreement, General Terms and Conditi ons (“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 C onditions of the Agreement, t hen unless a different intention stated, the provision(s)
of the Special Conditions of th e Agreement shall be deemed to override the provision(s) of GTC only to the ex
tent 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 proj ect but shall not weaken the character or intent of the GTC.
3 Time for Performance.

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

3.2 Timeliness of Perform ance i) Contractor shall provide the Services, and Deliverables within the term and within t he time limits required under this A greement,
pursuant to the provisions of Exhibit A and Exhibit F. ii) Neit her 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 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.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
514
2 (Rev. 4.18.22)

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 me mbers 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 feder al, 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 requi re 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. Cont ractor 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 time ly 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 Contract or of its responsibility for the professional skill and care and technical accuracy of its Serv ices 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 com pensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compens ation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
515
3 (Rev. 4.18.22)

6 Reports and Information

Contractor shall at such times and in su ch 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 therewit h, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

7 Findings Confidential

All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreem ent are confidential and the C ontractor agrees that they shall not be made available to any individual or organiza tion without the prior written approval of the City. Contractor shall not be required under the pr ovisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applic able 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 reasonabl y cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

8 Right of Inspection

All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contra ctor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.

9 Warranty

Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conf orm to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual m anufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
516
4 (Rev. 4.18.22)
10 Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this

Agreement. Upon delivery and acc eptance, Deliverable deliver ed by Contractor shall become the exclusive property of City. T he ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies , models, samples, materials, drawings, specifications, technical material, adverti sing material and any other personal property furnished by City to Contractor, or specifical ly paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.
11 Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.

Deliverables must conform with all applicable federal, state, and local laws. Suc h
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. 12 Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industri al
Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California D epartment of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.

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

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

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
517
5 (Rev. 4.18.22)

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

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

13 Shipping Terms

City shipment terms are F.O.B. Destinat ion, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date spec ified in the Agreement.

Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all indivi dual boxes with stock number and quantity and it ems with different stock number s shall be boxed separately.

City reserves the right to refu se, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.

14 Deliveries

TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contract or liable for damages incurred due to the untimely delivery including, but not limited to, the additiona l costs resultant from City procuring substitute Deliverables elsewhere.

15 Price and Quantities

Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
518
1 (Rev. 10.30.18)

EXHIBIT E

COMPENSATION SCHEDULE

The Contractor shall be compensated for t he 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 $418,000 (hereafter the “not to exc eed” amount). The “not to e xceed” 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 Pe rformance identified in Exhi bit D section 4 or other requirements of this Agreement.

1.2 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City wil l pay Contractor based on invoices for acceptable work performed and appr oved until the “not to exceed” amount is reached.

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

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

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

Item Description Item Price
1 Aqueous Ammonia (19%) $2.38

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

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

TIMELINE

1. Contractor shall complete the requested se rvices identified in Exhibit A as follows:

Contractor shall confirm all orders receiv ed by email or phone withi n twenty-four (24) hours of the request.

Orders are to be delivered on the date requested for delivery or on the soonest available date if the date requested is unavailable. If no date is requested, the order will be delivered within seven (7) days.

Orders delivered through a subcontracted delivery service may not be canceled or rescheduled without prior notification to the City and may not be rescheduled more than once per order.

Contractor shall notify the Cit y in advance of holiday closures that may affect order delivery.

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EXHIBIT G

DISCRIMINATION AND HARASSMENT POLICY (HR-15)

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BAY AREA CHEMICAL

CONSORTIUM

REQUEST FOR BIDS
BID N
O. 03-2023

FOR SUPPLY AND

DELIVERY OF AQUEOUS AMMONIA
BID DUE DATE: 4:00 P.M. PT,
Thursday, February 23, 2023
BID OPENING DATE: 4:00 P.M. PT, Thursday, February 23, 2023 Coordinating Agency:

Bay Area Clean Water Agencies

EXHIBIT H

BID DOCUMENTS
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TABLE OF CONTE
NTS
Page No.

Notice Inviting Sealed Bids 3
Section I – General

1. General Provisions 5

2. Instructions to Bidders 5

3. Special Instructions to Bidders 11

4. Terms and Conditions 16
Section II – Technical Specifications

1. Product Technical Specifications 21
Section III – Participating Agencies

1. Estimated Annual Quantities 26

2. Delivery Details 28

3. Contact List 31
Section IV – Bid Contract Documents

1. Standard Agreement 34

2. Non-Collusion Affidavit 36

3. Bid Form and Worksheet 38
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NOTICE INVITING SEALED BIDS

FOR SUPPLY AND DELIVERY OF AQUEOUS AMMONIA

BAY AREA CHEMICAL CONSORTIUM (BACC)
BID NO. 03-2023

The Bay Area Chemical Consortium (BACC), a cooperative group of public agencies, is seeking competitive sealed bids for the supply and delivery of AQUEOUS AMMONIA . All sealed bids to be considered for this solicitation must be received via our electronic bid platform https://bacwa.org/bacc/ by 4:00 P.M. PT, Thursday, February 23 , 202 3. Bids received after said date and time will not be considered under any circumstances. Bids submitted by mail or by facsimile will not be accepted. BACC and its member agencies reserves the right to reject any and all bids and to waive informalities and i mmaterial irregularities or technical defects in the bids received.

For additional information or any questions concerning this bid, use the public Q&A Forum in our electronic bid system.

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SECTION I

BAY AREA CHEMICAL CONSORTIUM

GENERAL
FOR BID NO. 03-2023

AQUEOUS AMMONIA

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BAY AREA CHEMICAL CONSORTIUM

REQUEST FOR BIDS

FOR SUPPLY AND DELIVERY OF AQUEOUS AMMONIA
BID NO. 03-2023

Sealed bids will only be received electronically via our electronic bid platform https://bacwa.org/bacc/ no later than 4:00 P.M. PT, Thursday February 23, 2023.

1. GENERAL PROVISION S

The Bay Area Chemical Consortium (BACC) is a cooperative group of public agencies each individually established under the laws of the State of California. For this particular bid solicitation, the participating member agencies include those lis ted in Section III-1, Estimated Annual Quantities . These participating BACC agencies, acting collectively through their authorized agents , are seeking competitive sealed bid s for the supply and delivery of Aqueous Ammonia.

Sealed bids will only be received electronically via our electronic bid platform https://bacwa.org/bacc/ no later than 4:00 P.M. PT, Thursday February 23, 2023. Bids received after said date and time will not be considered under any circumstances.

BACC and its member agencies reserves the right to reject any and all bids and to waive informalities and immaterial irregularities or technical defects in the bids received.

If you have any questions regarding this bid , please contact the BACC Coordinators via the electronic bid platform https://bacwa.org/bacc/ Q&A forum. Prelimina
ry bid results will be available via our electronic
bid platform shortly after the opening date and time.

2. INSTRUCTIONS TO BIDDERS

To receive consideration, bids must be made in accordance with the following instructions:

2.1 Bid Contract Documents
Bids must be submitted only using the forms provided in Section IV, Bid Contract Documents that includes the following: Bid Form, Standard Agreement, and Non-Collusion Affidavit, collectively, the bid contract documents. Bidder must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/. Do not submit the Worksheet. Bid prices submitted on Worksheet will NOT be accepted. All items in the bid contract documents must be filled out completely, signed and dated. The bid contract documents may be rejected if they show any omissions, alterations of form, the addition of Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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informa
tion not requested, a conditional bid, or irregularities of any kind. A complete bid submittal must include all of the following components of the bid contract documents:

• A completed and signed Bid Form, including all the attachments requested; • A fully executed Standard Agreement , including references and acknowledgement of receiving any and all addenda, with any deviations duly noted;
• A fully executed Non-collusion Affidavit.
• The information required by Section 2.21 as referenced in the Bid Form. • Name and address of any Third Party Hauler as required by Section 2.5 and the Bid Form, as well as the affidavit referenced in the Bid Form.

Bidder must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/ (Line Items section ).

2.2 Estimated Quantity
The quantities indicated are estimates of anticipated usage for a 12 -month period and are given for informational purposes only. Nothing in these estimated annual quantities must be construed as obligating any participating BACC agency to purchase specific quantities, as these quantities may vary depending on actual operating conditions and demands during the contract term. All participating BACC agencies reserve the right to purchase any volume of the chemical listed, at the contract price, regardless of stated estimates of quantities. No price adjustments will be allowed as a result of an increase or a decrease in the quantity purchased. For this particular bid solicitation, the estimated annual chemical quantity of each participating member agencies is listed in Section III-1, Estimated Annual Quantities.

2.3 Delivery Locations
The participating BACC agencies are grouped according to their location by relative geographic region.

The bidder must quote uniform bid prices for deliveries made to each of the distinct geographic regions.

For this particular bid solicitation, the distinct geographic regions for each agency are defined in Section III-1, Estimated Annual Quantities, as well as in Section III-2, Delivery Details.

2.4 Bid Pricing
All bids submitted must include a base unit price, FOB destination, for the chemical for each geographic region per paragraph 2.3 Delivery Locations. Bidders shall provide bid prices via the electronic bid platform https://bacwa.org/bacc/ including all costs associated with providing and delivering the chemical to the agency’s facility, including materials, labor, equipment, transportation, insur ance, overhead, profit, and all applicable taxes except sales tax in effect at the time of delivery. Bids qualified by additional or conditional charges such CPI, escalators, fuel surcharges, or transportation charges between the supplier and the final delivery points will not be allowed.

BACC agencies t
hat use a chemical for treating water for resale may be exempt from paying sales tax, and it will be the responsibility of each BACC a gency to notify the successful bidder if some or all of their purchases will be exempt from sales tax per paragraph 3.6 Taxes.

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Bid p
rices must be based on bulk deliveries amount as specified via the electronic bid platform https://bacwa.org/bacc/ . Bids that do not include unit prices for bulk deliveries to each geographic region specified on the electronic bid platform will be considered irregular and, at the option of BACC and the participating BACC agencies, may be eliminated from further consideration. For bulk deliveries of less than this specified amount, the bidder may, at their option, assess additional charges for “short loads” unless specific requirements for smaller deliveries are described in paragraph 3.7 Delivery Requirements. Any additional “short load” charges must be shown by the bidder as a specific deviation on the bid contract documents. Bidders and/or third party haulers will not be allowed to refuse to make “short load” deliveries.

Any opt i
onal item will be shown as a separate line item in the electronic bid platform https://bacwa.org/bacc/ and bidders may, at their option, submit unit prices for the optional item. Bids that do not include unit prices for op tional item will not be considered irregular and therefore such bids will not be rejected for that reason.

If participating BACC agencies require non-bulk deliveries in containers such as buckets, barrels, or totes , it will be
shown as a separate line item in the electronic bid platform https://bacwa.org/bacc/ . Bidders may, at their option, submit unit prices for deliveries in buckets, barrels, or totes. Bids that do not include unit prices for buckets, barrels, or totes will not be considered irregular and therefore such bids will not be rejected for that reason. If none of the participating BACC agencies require non -bulk deliveries in containers such as buckets, barrels, or totes, the electronic bid platform https://bacwa.org/bacc/ will not include spaces to enter bid prices for such non -bulk deliveries in containers such as buckets, barrels, or totes, however, if a participating BACC agency later decides that they need deliveries in containers, bidders may, at their option, negotiate with the BACC agency to determine a price for deliveries in containers such as buckets, barrels, or totes.

2.5 Bidder Qualificat
ions
A qualified bidder is one det ermined by BACC and the participating BACC agencies to meet standards of business competence, reputation, financial ability, and product quality. A responsive bidder is a firm/person who has submitted a bid that conforms in all material respects to the terms and conditions, the specifications of the chemical, and any other requirement of the bid instructions. A responsible bidder is a firm/person who has the capability in all aspects to perform full contract requir ements, and who has the integrity and reliability that will assure good faith and specific performance. Bidders that intend to utilize a third-party hauling company for completing some or all of their deliveries must indicate the name and contact information of the third-party hauling company on the Bid Form. Before submitting a bid, the bidder must carefully examine and read all parts of the bid contract documents and be fully informed as to all existing conditions and limitations. It should be noted that, upon selection and approval of the successful bidder, the entire contents of the bid contract documents will become part of the full contract between the participating BACC agency and successful bidder (see paragraph 3.5 Purchase Orders / Contracts).

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2.6 Autho
rized Signatory of Bid Contract Documents
The person signing the submitted bid must be fully authorized to represent and legally bind the bidding company to the terms and conditions described herein. A corporate officer must sign bids by corporations in the corporate name. The State of incorporation must be written in below the corporate name. Bids by partnerships must be signed in the partnership’s name and signed by a partner with his/her title shown.

2.7 References
The bidder must submit with the bid a list of a minimum of three references that have purchased similar chemicals and services from the bidder . The bidder must provide the company or a gency name, contact name, and telephone number for each reference. Whenever possible, bidders should provide references for customers from the same geographic regions as the participating BACC agencies. Bidders may provide references from BACC agencies. These references must be shown on the Standard Agreement contained herein.

2.8 Bid Submittal
Electronic bids will only be received via the electronic bid platform https://bacwa.org/bacc/ by no later than 4:00 P.M. PT , Thursday, February 23, 2023. Electronic bids shall contain all required attachments and information. B idders must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/ (Line Item section) . Bidders are cautioned that failure to comply may result in non-acceptance of the bid. Bids received after said date and time will not be considered under any circumstances. BACC will not be responsible for any delays or transmission errors. Bidder accepts all risks of late delivery of electronic bids. It is the bidder’s responsibility to ensure that bid submitted is received by the electronic bid platform https://bacwa.org/bacc/ prior to scheduled bid opening. Any attachment will remain sealed and will not be opened until the appointed bid opening date and time.

Bidders not receiving confirmation receipt should contact the electr onic bid platform vendor https://bacwa.org/bacc/ to make sure that their electronic submittal has gone through.

2.9 Modification, Addenda, and Interpretations
Any explanation desired by the bidders regarding the meaning or interpretation of this particular bid solicitation including the bid contract documents must be requested via the electronic bid platform Q&A Forum at least five (5) business days prior to the time set for the bid opening. Any and all such interpretations or modifications must be in the form of a written request to the BACC Coordinator via the electronic bid platform Q&A Forum. All changes to this particular bid solicitation document including the bid contract documents initiated by the BACC Coordinator will be through written addenda and furnished to all bidders via the electronic bid platform. Addendum will be issued no later than 72 hours before bid opening. Any written addendum issued 72 hours before the date and time of the bid opening will become a part of the bid contract documents and must be acknowledged on the Standard Agreement form that each bidder submits. Failure to acknowledge any and all the addendum(s) on the Standard Agreement form may be cause for rejection of the bid.

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2.10 Modif
ication of Bids
A bidder may modify their bid via the electronic bid platform prior to the date and time of the bid opening.

Modifications of any bid prices, terms and conditions must be electronically submitted via the electronic bid platform prior to the time of the bid opening. It shall be the responsibility of the respective bidder to determine if their written modification was received in time by electronic bid platform. BACC reserves the right to accept or reject any proposed modifications of the bid terms and conditions.

2.11 Withdrawal of Bids
Any bid may be withdrawn any time prior to the sta ted bid opening date and time (closing time) only via the electronic bid platform. The withdrawal request must be executed by the bidder or a duly authorized representative. The withdrawal of the bid does not prejudice the right of the bidder to file a new bid prior to the bid closing time. No bids may be withdrawn after the bid opening date and time.

2.12 Propose
d Deviations from the Specifications by the Bidder
Any deviation from the specifications described herein or in a written addendum that is proposed by a bidder must be noted in detail on the Standard Agreement form, and a copy of the proposed specification must be attached to the Standard Agreement form at the time of submission. The absence of a proposed change in the specification s will hold the bidder strictly accountable to the specifications as described herein. If proposed deviations from the specifications are submitted, the bidder’s name should be clearly shown on each do cument. Each BACC agency will be responsible for individually accepting or rejecting any proposed deviations from the described specifications.

2.13 Competency of Bidders
Before any contract is awarded, the bidder may be required to furnish a complete statement of financial ability and experience in performing the proposed services. In accordance with the provisions of the California Business and Professions Code and other regulations, the bidder must have and main tain current any and all necessary licenses or certificates.

2.14 Rejection of Bids
The BACC and/or its individual agencies reserves the right to reject any and all bids and reserves the right to waive a bid deficiency or reject a bid for any reason , incl uding but not limited to the following:
informalities, nonconforming, non-responsive or conditional bids, bids showing any alterations of form or erasures or irregularities of any kind, additional information not requested, incomplete bids, or bids not conforming with the instructions in any way. Bidders that plan to utilize a third-party hauling company that refused to deliver to one or more of the participating a gencies in the past three (3) years will be rejected as non-responsive.

2.15 Opening Bids
A preliminary bid results showing apparent lowest bid will be available on the electronic bid platform shortly after the bid opening date / time.

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2.16 Method
of Award
Bids may be awarded to the lowest responsive and responsible bidder for each listed region meeting t he specifications for bulk loads for the chemical. The lowest responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost. BACC has the right to delete terms or options from the bid contract documents, and reserves the right to reject any and all bids and to waive irregularities in said bids. The following is a non-inclusive list of criteria that must be used in award of the bid:
a. Unit cost of the chemical
b. Produ
ct specifications
c. Warranties or standards of quality
d. Capabilities to deliver product throughout the contract term e. Bidder’s reputation, competency, and previous customer service record f. Third party hauling company’s reputation, competency, and previous customer service record (if applicable)
g. Fully executed non-collusion affidavit

2.17 Disqualification of Duplicate or Collusive Bidders More than one bid proposal from an individual, a firm or partnership, a corporation or a n association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for the bid contemplated will cause rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, any and all bids may be rejected. Bidders must execute and submit with their bid the Non -Collusion Affidavit included in the bid document.

2.18 Identical Bids
In the case of tied or identical bids corresponding to the proposed unit costs, BACC reserves the right to award the bid based on additional criteria. If a tied bid is not rejected for any reason as described in paragraph 2.16 Method of Award, then any additional costs described in the “Specific Deviations” such as short load adders, will be used to determine the lowest responsive bidder. If considering additional costs as described in the “ Specific Deviations” still doesn’t produce a winning bidder (i.e. if the tied bidders quote identical short load adder prices), then any exceptions or conditions described in the “ Specific Deviations” will be considered in an effort to determine the lowest responsive bidder. If the latter still fails to produce a winning bidder , then BACC will draw lots by placing the names of the tied bidders in a hat and drawing a name. If drawing lots is deemed necessary, BACC will schedule a time to draw lots and the tied bidders will be invited to attend and witness the drawing.

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2.19 Mater
ial Warranty
Before the bid is awarded and, if applicable, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all chemicals to be supplied, together with samples.

The samples may be subjected to tests to determine their quality and fitness for the intended uses.

2.20 Bid Summary
Bid proposals will be summarized and reviewed with the BACC agencies following the bid opening. Bid summaries or tabulations will also be provided to the responsive bidders within ten (10) business days following the bid opening. After a careful review of the bids by each of the participating BACC agencies , bids may be awarded based on the criteria outlined in paragraph 2.16 Method of Award.

2.21 Manufacturer’s Information
Bidders must submit with their bid contract documents the following:
a. In accordance with Section 64590, Title 22 of the California Code of Regulations (CCR), no chemical or product shall be added to drinking water by a water supplier unless the chemical or product is certified as meeting the specifications of NSF International/American National Standard Institute (NSF/ANSI) 60-2005 (Drinking Water Treatment Chemicals—Health Effects). Certification shall be from an ANSI accredited product certification organization whose certification system includes the criteria for ensuring the chemical or product meets NSF/ANSI Standard 60 per Section 64590 of the CCR. Bidders must submit an affidavit of compliance from the ANSI accredited product certification organization. Bidders must include a statement by the chemical manufacturer , signed by an authorized representative on letterhead stationery, attes ting to the affidavit’s validity. In lieu of submitting an affidavit of compliance and a letter attesting to the affidavit’s validity, a current printout from the ANSI accredited product certification organization is acceptable.
b. A representative analysis o f the chemical to be supplied , as prepared by a reputable outside laboratory or bidder’s in-house laboratory if ISO certified. c. Name and address of the chemical manufacturer.
d. Product Bulletin and Typical Properties.
e. Safety Data Sheet (SDS).

3. SPECIAL INSTRUCTIONS TO BIDDERS

3.1 Chemical Requirements
The chemical to be provided under the terms and conditions of this bid must meet the bid specifications described in the pages that follow.

3.2 Safety Requirements
The bidder, their employees, subcontractors, and/or agents must conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety, and they must adhere to all State, Federal and Occupational Safety and Health Act (OSHA) safety standards, including compliance with any applicable State or local health order related to COVID-19 while they are on the premises of any BACC Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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agency. Furn
ished equipment, materials , and/or services must comply with all OSHA standards and regulations, and all applicable governmental laws and orders. The BACC agencies reserve the right to individually refuse any shipment, at their sole discretion, which cannot be unloaded using safe and proper techniques. Any such refusal must result in the return of th e chemical at the successful bidder’s sole expense. If requested by a participating BACC a gency, the successful b idder and/or the firm providing transportation of the chemical shall submit to a safety briefing at the BACC a gency’s site before commencing deliveries to the respective BACC a gency. The successful bidder and/or the firm providing transportation of the chemical are required to comply with the site specific safety requirements of each participating BACC agency. Bidders should be aware that some BA CC agencies do not allow smoking on site. Site safety requirements will be available for review during the bid period upon request to the BACC Coordinator. In addition, if requested by a participating BACC a gency, the successful bidder and/or the firm providing transportation of the chemical may be asked to review site safety materials and provide a signed acknowledgement of their receipt of the site safety materials.

3.3 Spillage
The successful b idder must be prepared to provide safety training on the safe handling and use of the chemical and emergency procedures in the event of a leak or spill. Should a chemical spill or leak result due to negligence, faulty equipment, or inferior packaging on the part of the bidder or their agents, the bidder and their agents must be responsible for cleaning the spill or leakage and for bearing any cost incurred due to spill o r leakage clean -up. It must be the successful bidder’s responsibility to effect immediate containment, clean-up, disposal, and restoration activities in accordance with the individual facility’s requirements and any and all applicable laws and regulations. All material associated with such clean-up operations must be hauled away and lawfully disposed of at no charge to the agency where the delivery is being made. The property of the agency where the delivery is being made must not be used for such disposal. If the spill is NOT cleaned up, the a gency will hire a certified hazardous material handling company to clean up the spill, and the costs incurred, including any fines or penalties which may be imposed by regulating authorities, will be charged to the bidder or deducted from amounts owed .

Chemicals must stay in the possession of the bidder and must not be unloaded until accepted by the participating BACC agency. All chemicals must be delivered in accordance with Department of Transportation regulations.

3.4 Chemical Orders
All orders placed throughout the contract period, as defined in paragraph 4.11 Term of Contract, will be initiated separately by each participating BACC agency, and each BACC agency will be responsible for the coordination of all aspects of those orders with the successful bidder . Inquiries in reference to individual orders during the contract period must be directed to the appropriate BACC agency.

3.5 Purchase Orders / Contracts
Individual purchase orders, purchase agreements, and / or contracts will be issued to the successful bidder by each participating BACC agency, and all chemical sales must be invoiced separately to the respective BACC agency. Each BACC agency may require additional contract requirements specific to the agency which are not included in this bid document and bidders need to contact the agencies for specific details Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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and per
form due diligence prior to submitting a bid. The contracted unit cost of the chemical is the awarded bid price. The successful bidder may seek a price increase for any nontrivial change requested by the participating BACC agency in the terms and conditions of the participating BACC agency’s purchase order, purchase agreements, and / or contracts. The successful bidder may not change the price throughout the term of the contract unless by mutual written agreement between BACC agen cy and successful bidder per Section 4.4 Modification of Contract.

3.6 Taxes
Pursuant to the Sales and Use Tax Law, water treatment facilities are entitled to submit Resale Certificates to the California State Board of Equalization which exempt that utility from paying sales tax on any chemical purchased for the expressed use of producing a consumable water product. The participating BACC agencies that provide potable and/or recycled water to customers will be responsible for providing the successful bidder with these certificates or letter documenting their determination if the chemical they seek to purchase is exempt from sales tax. BACC agencies that do not notify the successful bidder that their agency is exempt from paying sales tax shal l be invoiced with sales tax shown as a separate, itemized cost on the invoice . Chemicals purchased solely for the use in wastewater treatment and disposal facilities are subject to sales tax.

3.7 Delivery Requirements
Bidders are responsible for reviewing each of the listed delivery locations or geographic regions for each participating BACC agency and ensuring that their product can be delivered to each location prior to submitting a bid. Bidders that intend to utilize the services of a third party hauling company for some or all of their deliveries are responsible for ensuring that the hauler they have selected can and will deliver their product to each location listed in Section III -2, Delivery Details , and for submitting an affidavit pertaining to assurance with their bid . Failure to provide this assurance and submit an affidavit may be cause for rejecting their bid. Delivery bills of lading must be provided for each shipment. All bulk shipments must include a weight ticket from a certified weigh station in addition to a shipping manifest. Delivery times and dates must be coordinated between the successful bidder and each participating BACC agency on a schedule that meets the needs of the BACC a gency, but at no time can a delivery occur more than seven (7) days after the order is placed unless the respective BACC a gency requests a later delivery. No delivery can be made when a BACC agency representative is not on site. The successful bidder must notify the BACC agency of any anticipated late deliveries at least 24 hours in advance of the scheduled delivery time and date, unless delivery delays are the result of in-route transportation delays, then notification must be provided as soon as possible to inform the BACC agency of the anticipated delivery date and time.

Persistently late or cancelled deliveries (defined as three or more over the contract period) may be used as a basis for contract termination. Failure to provide notice of late delivery as required by this section may also be a basis for contract termination. Any deliveries not meeting chemical quality, regulatory, safety, or delivery requirements will be returned to the successful bidder at no cost to the BACC agency, and must be re-delivered by the bidder within 48 hours of the unacceptable delivery.

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3.8 Force
Majeure
Any bidder that anticipates a workforce interruption , including due to COVID -19 restrictions, or a production shutdown that c ould affect delivery of the chemical must fax or e -mail notifications to all participating BACC agencies to notify the m of the potential interruption in deliveries . A telephone call must also be made to each BACC agency as a follow-up notification.

3.9 Safety Data Sheet (SDS)
Bidders must submit a Safety Data Sheet (SDS) for the product offered with the bid. The successful bidder must provide a new SDS for the chemical with the first delivery or if the SDS is modified during the contract term.

3.10 Payments
Payments for all chemicals will be made individually by each participating BACC agency thirty (30) day s after receipt of a complete and accurate invoice. BACC itself does not have any legal authority to conduct business and therefore cannot be held responsible for the financial arrangements made between each individual BACC agency and the successful bidder . Cash discounts for early remittance of payment must be stated on the invoice, if applicable. The bidder is responsible for submitting accurate invoices to each BACC agency. The BACC agencies are not responsible for late payments resulting from the submission of inaccurate invoices. If bidder continues t o submit inaccurate invoices after being put on notice by the BACC agency, the contract between the bidder and the BACC agency may be terminated.

3.11 Legislative Impacts
In the event the legislative body of any BACC agency fails to appropriate funds for the purchase of the chemical, the respective BACC agency may terminate such contract without penalty and thereupon be released of further obligation.

3.12 Subcontracting
No portion of the bid award may be subcontracted to another chemical manufacturer or supplier without the prior written approval of all of the participating BACC agencies.

3.13 Laws and Regulations
All applicable State of California and Federal laws, City , County, and Special District ordinances, licenses, and regulations of all participating BACC a gencies having jurisdiction must apply during the contract period, including any applicable State or local health order related to COVID-19.

3.14 Insurance
For services requiring the supplier’s or their subcontractor’s presence on any BACC agency property, the successful bidder must acquire and maintain at their expense for the duration of the term of the contract the following insurance policies: Workers’ Compensation, Employer’s Liability, Commercial General Liability, Business Vehicle and Automobile Liability, and Contractor’s Pollution Liability Insurance coverage from insurers either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than A.M. Best’s rating of no less than A:VII, or (ii) authorized by the BACC Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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agency’s r
isk m anager(s) or his/her designee at any time in his/her sole discretion, all relating to the supplier’s services to be performed hereunder covering the BACC agency’s risks. The minimum amounts of coverage, and the breadth of coverage, corresponding to th e aforesaid categories of insurance per insurable event, must be as follows , however, the insurance limits available to each participating BACC agency, their officers, officials, employees, agents and volunteers as additional insured parties, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

INSURANCE CATEGORY MINIMUM LIMITS
Workers’ Compensation Insurance California Statutory Minimum Employer’s Liability Insurance $2,000,000 per accident, and $1,000,000 per employee for bodily injury or disease.

Commercial General Liability Insurance $5,000,000 per occurrence for bodily injury, personal injury, and property damage.

Business Vehicle and Automobile Liabil ity
Insurance
$2,000,000 per accident for bodily injury and
property damage.

Contractor’s Pollution Liability $1,000,000 per occurrence, $2,000,000 policy aggregate.

Prior to commencement of any performance under the contract, the successful bidder must furnish to each participating BACC agency an original Certificate of Insurance , and copies of information or declaration pages for the insurance required with respect to evidence of all policies of insurance required as noted above . All policies of insurance must be endorsed to name the respective BACC agency, their officials, officers, employees, agents, and volunteers as additional insured parties. For any claims related to the contract, bidder’s insurance coverage shall be primary insurance with respect to each participating BACC agency, their officials, officers, employees, agents and volunteers. Any insurance or self -insurance maintained by any BACC agency party, their officials, officers, employees, agents and volunteers shall be excess of the bidder’s insurance and shall not contribute with it. The successful bidder will be responsible for contacting each participating BACC a gency to ascertain the proper name or names of the a gency specific entities to be included in the endorsements.

The successful bidder must also provide each participating BACC agency with a MSC-90 endorsement, required for transporters of hazardous materials and/or wastes.

The successful bidder hereby agrees to waive subrogation which any insurer of the bidder may acquire from vendor by virtue of the payment of any loss. Bidder agrees to o btain and provide to each BACC agency any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of each participating BACC agency for all work performed by the bidder, its employees, agents and subcontractors.

The successful bidder must maintain the required insurance at all times while the contract is in effect, and must replace any certificate, policy or endorsement which will expire prior to that date. All policies of Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
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insura
nce must be endorsed to provide the required insurance and must not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days prior written notice to each participating BACC agency. The Certificate of Insurance must have a cancellation statement worded as follows: “Should any of the above described policies be cancelled before the expiration date thereof, the issuing com pany must mail thirty calendar (30) written notice to the Certificate holder named to the left.”

4. TERMS AND CONDITIONS

4.1 Indemnification
To the fullest extent allowed by law, the successful bidder and its employees, subcontractors, and agents shall defend, indemnify, and save and hold harmless each participating BACC a gency, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description br ought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of the successful bidder's or its personnel, employees, agents, or subcontractors ’ willful misconduct or negligent act or omission while engaged in the performance of services described in this bid document , except those matters arising from the participating BACC agency's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.

This indemnification includes, without limitation, the payment of all penalties, fines, forfeitures, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and the reimbursement of any BACC agency, its officials, officers, employees, agents, and volunteers for all legal expenses and costs incurred by each of them.

The successful bidder’s responsibility for such defense and indemnity obligations shall survive the termination or completion of th e contract for the full period of time allowed by law. The defense and indemnity obligations of the contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in the contract.

If the successful bidder should subcontract all or any portion of the work to be performed under th e contract, the successful bidder shall require each subcontractor to indemnify, hold harmless and defend each participating BACC a gency and each of its officials, officers, employees, agents and volunteers in accordance with the terms of the preceding paragraphs.

4.2 Bid Protests
Any bid protest must be submitted electronically via email to the BACC Coordinator before 3:30 p.m. on the fifth (5th) business day following bid opening ([email protected]). a. The protest document must be provided as one PDF and must contain a complete statement of the basis for the protest and all supporting documentation and evidence. b. The party filing the protest must have actually submitted a bid for the chemical. A subcontractor of a party submitting a bid for the chemical may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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c. The protes
t must refer to the specific portion of the bid document which forms the basis for the protest.
d. The protest must include the name, address and telephone number of the person representing the protesting party.
e. The party filing the protest must concurrently transmit a copy of the protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
f. BACC will give the bidder that is the subject of the protest five (5) business days after the receipt of the protest to submit a written response. The responding bidder shall submit the response to the protesting bidder concurrent with delivery to BACC. g. The procedure and time limits set forth in this paragraph are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. All protests and responses received after the time set forth herein will be rejected. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest. h. BACC will not be responsible for any delays or transmission errors. The protesting bidder accepts all risk of late delivery of electronic protests. If is the protesting bidder’s responsibility to ensure that a submittal protest is received by the bid coordinator listed in this solicitation by the due date and time. Protesting bidders should contact the bid coordinator to make sure that their electronic submittal has gone through.
i. If BACC determines that a protest is frivolous, the protesting bidder may be determined to be non-responsible and that bidder may be determined to be ineligible for future contract awards.

4.3 Equal Opportunity
The successful bidder must agree no
t to refuse the hire, discharge, promote, or to otherwise discriminate in the matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap. It must be a conditio n that any company firm or corporation supplying goods or services, must be in compliance with the Americans with Disabilities (ADA) Act of 1990. A certificate stating compliance with the ADA may be required, upon request, by any BACC agency.

4.4 Modific
ation of Contract
This bid solicitation document including the bid contract documents, in conjunction with each BACC agency’s purchase order , purchase agreement and / or contract, will constitute the entire contract between each BACC agency and the successf ul bidder. The contract may not be modified, altered, or amended except by the mutual written agreement of the respective BACC a gency and the successful bidder.

4.5 Common Language
Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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Unless ot
herwise specified in this document, all words must be given their plain, common and ordinary meaning unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender.

4.6 Proprietary Information
All information included in any bid proposa
l that is of a propriety nature must be clearly marked as such.

Each BACC agency must be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the Bidder.

4.7 Patent G
uarantee
The bidder must, with respect to any b idder’s standard products , indemnify, defend and hold harmless each participating BACC agency, its employees and agents, from any and all costs and damages because of claims or litigation on account of infringement or alleged infringement of any letters patent or patent rights by reason of the sale or normal use of such products, provided that the bidder is promptly notified of all such actual or potential infringement suits, and is given an opportunity to participate in the defense of the participating BACC agencies.

4.8 Quality Control
The bidder’s chemical may be inspected and/or sampled before, during, or after any delivery and tested to confirm compliance with all of the specifications. Persistent clogging, deliveries containing significant amounts of debris, and/or chemical not meeting the technical specifications will be considered to be deficiencies. If deficiencies are detected, the chemical will be r ejected and the bidder will be required to remove and replace any and all of the chemical and clean the associated tanks and piping that are contaminated by a delivery that is determined to be deficient, at no cost to the participating BACC agency.

If the bidder fails to remove and replace the deficient chemical in a timely manner after being notified of the problem by the participating a gency, the participating a gency may remove and dispose of the contaminated chemical and clean the chemical storage tank or tanks and the associated piping all at the bidder’s expense. Payment for the delivered chemical will not be made until the defects are corrected and the chemical is properly replaced and accepted. Repeat failures to comply with the specifications must constitute grounds for termination of the contract.

4.9 Term of Contract
The term of th e contract between the respective BACC agency and the successful bidder will be twelve (12) months commencing July 1, 2023, and expiring June 30, 2024, with an option to extend the contract on a year-to-year basis, not to exceed three (3) yearly renewals if conditions and service are satisfactory to both the respective BACC a gency and the successful bidder. The price for any succeeding periods of service shall be determined by negotiation between the respective BACC a gency and the successful bidder.

4.10 Good Faith Bidding and Contracting
Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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The partic
ipating BACC agencies listed on this bid solicitation are bidding in good faith and have agreed not to extend an existing bid in lieu of contracting with the lowest responsive b idder. However, nothing in this bid solicitatio n shall prevent a BACC a gency from rejecting all bids and separately procuring the services they require, if deemed in the best interest of their respective agency.

4.11 Termination of Contract
Any BACC agency may terminate their contract with the successful bidder for any reason by providing the successful bidder written notice of termination, and specifying the effective date thereof, at least thirty (30) days before the effective date. Termination of the contract by one BACC agency does not affect the contractual relationship between the successful bidder and any other BACC agency.

4.12 Termination for Cause
In the event of a breach of any term or provision of th e contract by the successful bidder, a BACC agency may terminate the contract with respect to supply of chemicals for that agency by providing the successful bidder with written notice of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date. Termination of the contract by one BACC agency does not affect the contractual relationship between the successful bidder and any other BACC agency.

4.13 Effect of Termination
Any termination by a BACC agency, with or without cause, must not affect the validity of the contract between the successful bidder and any other BACC agency, no r must such action affect any rights, remedies, or obligations of the successful bidder or any other BACC agency.

4.14 Assignment
The successful bidder must under no circumstances assign the contract without the prior written consent of each participating BACC agency. Any assignment, or attempt at assignment, made without such consent of each participating BACC agency may be considered a breach of contract.

4.15 Competitiveness and Integrity
The participating BACC agencies ha
ve assigned control of the acquisition process to the BACC coordinating agency identified in the Notice Inviting Sealed Bids of this document, to prevent biased evaluations and to preserve the competitiveness and integrity of such acquisition efforts. Bidders are to direct all communications regarding this bid to the designated BACC Coordinator, unless otherwise specifically noted, or unless approved in writing by the BACC Coordinator. Attempts by bidders to circumvent this requirement will be viewed negatively and may result in rejection of the offending bidder’s offer. The BACC Coordinator may refer communications to other participating BACC agencies for clarification.

-END OF SEC
TION-
Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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SECTION II

BAY AREA CHEMICAL CONSORTIUM

PRODUCT TECHNICAL SPECIFICATIONS
FOR BID NO. 03-2023

AQUEOUS AMMONIA

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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PRODUCT TECHNICAL SPECIFICATIONS
AQUEOUS AMMONIA – 19% SOLUTION
Product:
a. Aqua Ammonia shall conform to the current version of the American Water Works Association's Standard for Aqua Ammonia, B306-15, except as modified or supplemented herein.
b. Aqua Ammonia supplied shall be tested and certified as meeting the specifications of the American National Standards Institute/National Sanitation Foundation S tandard 60 (ANSI/NSF Standard 60) Drinking Water Treatment Chemicals - Health Effects. The NSF certification for the products bid must be current on the date of bid submittal. c. It is the responsi
bility of the vendor to inform each of the participating BACC Agencies (within 24 hours, from the time of verbal or written notification) that N SF certification has been revoked or lapsed. Loss of NSF certification shall constitute sufficient grounds for immediate termination of the contract.

Quality:
a. Aqu
a ammonia shall be colorless, transparent, food grade (Premium Grade) aqueous solution of ammonia that is free from suspended matter or sediment. b. Aqua ammonia shall contain no substances that produce deleterious or injurious effects upon the health of those consuming water, which has been properly treated with the chemical.
c. Aqua ammonia shall conform to the following standards:
i. It will be of premium grade;
ii. Concentration of ammonia within the range of 18.5% to 19.5%; iii. A specific gravity at 60
o F. of 0.9302. The specific weight of solution at 60o F. shall be

7.758 lbs. /gal.
iv. Aqua ammonia shall be free from contaminating substances which could interfere with normal operation of District facilities by causing clogging or blockage of feed lines, valves, strainers, or measuring devices.

Certifica
te of Analysis:
a. A certificate of analysis prepared by an ISO certified laboratory shall be submitted for each aqua ammonia delivery. The certificate of analysis shall be based on a representative sample of the specific batch or lot of chemical currently being used to make deliveries. This report shall contain the following:
• Date of manufacture
• Date of delivery
• Shipper ID
• Specific gravity at 60 degrees F
• Percent (%) of ammonia
• Appearance
Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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No deliveries will be accepted unless accompanied by said certificate of analysis for the specific batch or lot of chemical delivered and the quality specifications listed in the bid contract documents are met.
b. Charges for certificate of analysis prepared by an ISO certified laboratory shall be included in the bid price.
c. Failure to supply the required certificate of analysis shall be sufficient cause to reject the load.

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PRODUCT TECHNICAL SPECIFICATIONS
AQUEOUS AMMONIA – 30% SOLUTION

Product:
a. Aqua Ammonia shall conform to the current version of the American Water W orks Association's Standard for Aqua Ammonia, B306, except as modified or supplemented herein. b. Aqua Ammonia supplied shall be tested and certified as meeting the specifications of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60) Drinking Water Treatment Chemicals - Health Effects . The NSF certification for the products bid must be current on the date of bid submittal. c. It is the responsibility of the vendor to inform each of the participating BACC Agencies (within 24 hours, from the time of verbal or written notification) that NSF certification has been revoked or lapsed. Loss of NSF certification shall constitute sufficient grounds for immediate termination of the contract.

Quality:
a. Aqua ammonia shall be colorless, transparent, food grade (Premium Grade) aqueous solution of ammonia that is free from suspended matter or sediment. b. Aqua ammonia shall contain no substances that produce deleterious or injurious effects upon the health of those consuming water, which has been properly treated with the chemical.
c. Aqua ammonia shall conform to the following standards:
v. It will be of premium grade;
vi. Concentration of ammonia at 29% - 30%;
vii. A specific gravity at 60
o F. of 0.893 – 0.897. The specific weight of solution at 60o F. shall be 7.47 + .04 lbs. /gal.
viii. Aqua ammonia shall be free from contaminating substances which could interfere with normal operation of District facilities by causing clogging or blockage of feed lines, valves, strainers, or measuring devices.

Certificate of Analysis:
a. A certificate of analysis prepared by an ISO certified laboratory shall be submitted for each aqua ammonia delivery. The certificate of analysis shall be based on a representative sample of the specific batch or lot of chemical currently being used to make deliveries. This report shall contain the following:
• Date of manufacture
• Date of delivery
• Shipper ID
• Specific gravity at 60 degrees F
• Percent (%) of ammonia
• Appearance

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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No deliveries will be accepted unless accompanied by said certificate of analysis for the specific batch or lot of chemical delivered and the quality specifications listed in the bid contract documents are met.
b. Charges for certificate of analysis prepared by an ISO certified laboratory shall be included in the bid price.
c. Failure to supply the required certificate of analysis shall be sufficient cause to reject the load.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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SECTION III – 1

BAY AREA CHEMICAL CONSORTIUM

ESTIMATED ANNUAL QUANTITIES
FOR BID NO. 03-2023

AQUEOUS AMMONIA

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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559
BAY AREA CHEMICAL CONSORTIUM
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:

Water Wastewater
BID NO. 03‐2023
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR  2023/2024
Aqueous Ammonia  19% Solution 527,271 160,000gal
Central Valley
110,000galCity of Stockton 45,000
110,000 45,000
East Bay
56,000galAlameda County Water District 0
56,000 0
North Bay
38,571galContra Costa Water District 0
38,571 0
South Bay
300,000galCity of Santa Clara 0
0galSan Jose ‐ Santa Clara Regional Wastewater Facility 115,000 300,000 115,000
Tri Valley
1,700galDublin San Ramon Services District 0
21,000galZone 7 Water Agency 0
22,700 0
Aqueous Ammonia  29% Solution 0 40,000gal
Sacramento
0galCity of Roseville 40,000
0 40,000
Aqueous Ammonia  30% Solution 20,000gal
Marin Sonoma
20,000galMarin Municipal Water District
20,000
Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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SECTION III – 2

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
FOR BID NO. 03-2023

AQUEOUS AMMONIA

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
561
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
BID NO. 03‐2023
AQUEOUS AMMONIA
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size CENTRAL VALLEY
City of Stockton
Delta Water Supply Plant 11373  N. Lower
Sacramento Road
Lodi 2‐3x per month > 2000 gal
NSPAF 4502 White Forge
Drive
Stockton 3x  per month 1300 gallons
Stockton Regional Wastewater
Control Facility
2500 Navy Drive Stockton 1 ‐2x per month (minimum
winter use)
3,000 gallons
Well #10R 2418 Arden Way Stockton 3x  per month 60 gallons Well #27 1696 Bonaire Cir Stockton 3x  per month 60 gallons Well #29 10442 Muir Woods
Ave
Stockton 3x  per month 60 gallons
We
ll #30 6373 Brook Hollow
Circle
Stockton 3x  per month 60 gallons
Well #31 3871 Ivano Lane Stockton 3x  per month 60 gallons Well #32 9151 S. 99 Frontage
Road
Stockton 3x  per month 60 gallons
Well #3R 7400 N. West Lane Stockton 3x  per month 60 gallons Well SSS8 4151 Logan Ln, Stockton 5x  per month 60 gallons EAST BAY
Alameda County Water District
Alameda Reservoir 585  Shoshone Ct Fremont 11x  per year 45  gallons Blending Facility 1111 Mowry Ave Fremont 4x  per year 2,000 gallons Newark Desalination Facility 6833  Redeker Place Newark 6x  per year 1,500 gallons Water Treatment Plant No. 2 42436  Mission Blvd. Fremont 1 ‐2x per month 2,000 gallons MARIN SONOMA NAPA
Marin Municipal Water District
MMWD Bon Tempe Filter  Plant Road Fairfax 6x  per year not  less than 800 gallons MMWD Ignacio Pump Station 13  Hamilton Drive Novato 8x  per year not  less than 500 gallons MMWD San Geronimo 330 San Geronimo
Valley Road
Woodacre 6x  per year not less than 1,100
gallons
Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
BID NO. 03‐2023
AQUEOUS AMMONIA
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size NORTH BAY
Contra Costa Water District
Bollman Water Treatment Plant 2015  Bates Ave Concord +/ ‐ 8 loads yearly 7,000  gallon Tank City of Brentwood Water
Treatment Plant
3760 Neroly Road Oakley +/‐  6 loads yearly 1,500  gallon Tank Randall Bold Water Treatment
Water Treatment Plant
3760 Neroly Road Oakley +/‐  12 loads yearly 6,000  gallon Tank

SACRAMENTO
City of Roseville
Roseville Energy Park 5120 Phillip Road Roseville  95747 Every  1.5 months 5,000 gallons SOUTH BAY
City of Santa Clara
DVR Power Plant 850  Duane Ave Santa  Clara, CA
95054
Every 7‐10 days 4500‐4600
San Jose ‐ Santa Clara Regional Wastewater Facility
San Jose Regional Wastewater
Facility
700 Los Esteros Rd San  Jose 2  per month/ 1 Every 18
days
6,000 gallons (full
tanker)
TRI VALLEY
Dublin San Ramon Services District
FOD Reservoir 1A 8212  Rhoda Avenue Dublin 4x  per year mini  bulk 100‐150 gallons
FOD Reservoir 3B 7541 Brigadoon Way Dublin 4X  per year mini bulk 100‐150 gallons
Zone 7 Water Agency
Chain of Lakes 1 2655  El Charro Rd Pleasanton Every  2 weeks 200  gallons Hop 6 5997  Parkside Dr Pleasanton Every  2 weeks 200  gallons Mocho 4 5215  Stoneridge Dr Pleasanton Every  2 weeks 200  gallons Stoneridge 3750 Stoneridge Dr Pleasanton Every  2 weeks 200 gallons Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
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SECTION III – 3

BAY AREA CHEMICAL CONSORTIUM

PARTICIPATING MEMBER AGENCY CONTACT LIST
FOR BID NO. 03-2023

AQUEOUS AMMONIA

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

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BAY AREA CHEMICAL CONSORTIUM
BID NO. 03‐2023
AQUEOUS AMMONIA
PARTICIPATING MEMBER AGENCY CONTACT LIST
Central Valley
CITY OF STOCKTON
Municipal Utilities Department  2500 Navy Drive   Stockton, CA  95206 [email protected] 209 ‐937‐8232Kathryn Garcia    Program Manager III ‐ Wastewater East Bay
ALAMEDA COUNTY WATER DISTRICT
43885 South Grimmer Blvd   Fremont, CA  94538
[email protected] 510 ‐552‐1459Mike Wickham    Water Production Manager [email protected] 510 ‐668‐6516Cris Pena    Engineering Supervisor [email protected] 510 ‐668‐4294Renee Gonzalez    Buyer [email protected] 510 ‐668‐6533Thomas Spankowski    Environmental Compliance Engineer Marin Sonoma Napa
MARIN MUNICIPAL WATER DISTRICT
220 Nellen Avenue   Corte Madera, CA  94925
[email protected] 415 ‐945‐1501Jim Kenney    Superintendent of Operations, Water Treatment
[email protected] 415‐945 1590Lucy Croy    Water Quality Manager [email protected] 415‐945‐1402Danelle Graham    Senior Buyer North Bay
CONTRA COSTA WATER DISTRICT
1331 Concord Ave   Concord, CA  94520‐4907
[email protected] 925‐625‐6602Nicole Quesada    Administrative Analyst [email protected] 925‐625‐6603John Parsons    Water Operations Superintendent [email protected] 925‐688‐8011Brian Jackson    Purchasing Officer Sacramento
CITY OF ROSEVILLE
311 Vernon Street   Roseville, CA  95678
[email protected] 916 ‐746‐1110Becky Philipp    Buyer II [email protected] 916 ‐746‐1112Shannon Wiest
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BAY AREA CHEMICAL CONSORTIUM
BID NO. 03‐2023
AQUEOUS AMMONIA
PARTICIPATING MEMBER AGENCY CONTACT LIST
South Bay
CITY OF SANTA CLARA
Purchasing Division  1500 Warburton Avenue   Santa Clara, CA  95050 [email protected] 408 ‐615‐2717Nick van Haeften    Division Manager [email protected] 408‐615‐6051Alex Price    Senior Engineer SAN JOSE ‐ SANTA CLARA REGIONAL WASTEWATER FACILITY
700 Los Esteros Road   San Jose, CA  95134
[email protected] 408 ‐635‐6635Mark Nicholl
[email protected] 408 ‐635‐2057Tim Lewis    Wastewater Facility Operations Manager [email protected] 408‐635‐2054Satya Nand
Tri Valley
DUBLIN SAN RAMON SERVICES DISTRICT
Regional Wastewater Treatment Facility  7399 Johnson Drive   Pleasanton, CA  94588 [email protected] 925‐875‐2393Erin Steffen    Management Analyst II [email protected] 925‐875‐2300Virgil Sevilla    WWTP Operations Superintendent [email protected] 925 404‐4524Dan Pettinichio    Senior Water/Wastewater Systems Operator (Potable Water Distribution)
[email protected] 925‐875‐2324Diane Griffin    Operations Compliance Manager [email protected] 925‐875‐2367Clint Byrum    Water/Wastewater Systems Superintendent [email protected] 925‐875‐2345Jeff Carson    Op erations Manager ZONE 7 WATER AGENCY
100 North Canyons Parkway   Livermore, CA  94551
[email protected] 925  454 5029Zeljka Bozic    Buyer I [email protected] 925 ‐454‐5039Karen Bartels    Buyer II Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
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SECTION IV

BAY AREA CHEMICAL CONSORTIUM

BID CONTRACT DOCUMENTS
FOR BID NO. 03-2023

AQUEOUS AMMONIA

*** All of the following pages must be properly competed and submitted for the bid to be considered complete. ***

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
567

BAY AREA C

HEMICAL CONSORTIUM
STANDARD AGREEMENT, PAGE 1 OF 2
BID NO. 03-2023

SUPPLY AND DELIVERY OF AQUEOUS AMMONIA

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

Company: __________________________________________
Address: __________________________________________
City, State, ZIP: _________________________________________ Phone: __________________________________________
Email: __________________________________________
Authorized Representative: ________________________________ Signature: __________________________________________
Date: __________________________________________

WE ACKNOWLEDGE RECEIVING ADDENDUM/ADDENDA NUMBER ______ THROUGH ______.

SPECIFIC DEVIATIONS:

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

Describe t
he specific deviations below. A copy of the proposed specifications must be attached to this Standard Agreement at the time of submission, with bidder’s name clearly shown on each document.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
568
STANDA
RD AGREEMENT, PAGE 2 OF 2

BIDDER INFORMATION

1. Legal Name of Bidder:
______________________________________________________________________________

2. Bidder’s Street Address:
______________________________________________________________________________

3. Mailing Address:
______________________________________________________________________________

4. Business Telephone: _______________ Fax Number: ________________

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

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

Number: ____________________ Issuing City: _____________________

7. Supplier Federal Tax Identification Number: ____________________________

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

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

10. References:

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

11. Chemical Manufacturer’s name and address (if different from Bidder):
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
569
Non-Coll
usion Affidavit
To Be Executed By Bidder and Submitted With Bid
Sta
te of California )
) ss.

County of )
________
__________________________, being first duly sworn, deposes and says that he or she is the (Bidder’s Authorized Representative)
___
________________________ of ______________________________________ the party making the (Title of Representative) ( Legal Name of Bidder)
for
egoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bid, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, furth er, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I de
clare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.
________
_________________________
Signature of: President, Secretary,
Manager, Owner, or Representative
Su
bscribed and sworn to before me this, day of , 20
Signature of Notary Public In and For
The Co
unty of ________________________,
St
ate of _____________________________
All S
ignatures Must Be Witnessed By Notary
Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
570

BAY AREA

CHEMICAL CONSORTIUM
BID FORM FOR BID NO. 03-2023

FOR SUPPLY AND DELIVERY OF AQUEOUS AMMONIA

Sealed bids must be submitted in a PDF format and
bidders must enter bid prices into the electronic
bid platform (Line Item page)
https://bacwa.org/bacc/

No later than 4:00 PM. PT
Thursday, February 23, 2023
Legal Name of Bidder:
_____________________________________

Business Address
_____________________________________
_____________________________________
_____________________________________
Telephone Number: ____________________
Facsimile Number: _____________________
Email Address: _________________________

Authorized Representative (Please Print):
_____________________________________
Signature:_____________________________
Date: ________________________________

I. All costs except California State sales tax for the purchase of AQUEOUS AMMONIA must be included in the amount shown entered into the electronic bid platform (Line Item page), including any and all mill assessments, fees, excise taxes, transportation charges, etc. Any exceptions to the bid must be noted under Specific Deviations on the Standard Agreement.

Bidders shall submit bids per unit of measure as specified in the electronic bid platform (Line Item page).

II. Bidders must submit all of the following, attache d to this Bid Form:
a. All requirements listed in Section 2.21 Manufacturer’s Info. b. If applicable, the name, address, and contact information for the third party hauling company as well as an affidavit signed by the Bidder that the third party hauler can and will deliver the chemical to each and every participating BACC Agency.

III. Bidder Obligatio
ns
By signing this Bid Form and entering into individual purchase orders, purchase agreements and /or contracts with BACC agencies, the bidder expressly agrees to be bound by all the provisions of the bid solicitation, including Sections I-IV.

Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
571
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 03‐2023
AQUEOUS AMMONIA
Worksheet
BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
Aqueous Ammonia  19% Solution
Central Valley gal $
City of Stockton
East Bay gal $
Alameda County Water District
North Bay gal $
Contra Costa Water District
South Bay gal $
City of Santa Clara
San Jose ‐ Santa Clara Regional Wastewater Facility
Tri Valley gal $
Dublin San Ramon Services District
Zone 7 Water Agency
Aqueous Ammonia  29% Solution
Sacramento gal $
City of Roseville
Aqueous Ammonia  30% Solution
Marin Sonoma Napa gal $
Marin Municipal Water District

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
Contract with Hill Brothers Chemical Company for Aqueous Ammonia

EXHIBIT 1
572
EXHIBIT 2
573
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives.

The objective of this project is for the supply and delivery of Sodium Bisulfite as outlined in the bid specifications incorporated herein by reference from Exhibit H.

2. Project Scope.

The Contractor shall prov ide the goods and insuranc e as specified. The contractor shall supply Material Safety Data Sheets.

3. Notices.

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

Contractor: Univar Solutions USA, Inc. City: City of Stockton Attn: Jennifer Perras Attn: City Manager
8201 S 212th Street 425 N. El Dorado Street
Brea, CA 92821 Stockton, CA 95202

4. Option to Renew.

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

Contract with Univar Solutions USA for Sodium Bisulfite