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3 include HTE (IBM AS400), Microsoft Access, and Microsoft Excel). Technical support shall be included in the annual maintenance cost and the successful proponent’s staff must respond to technical support requests within 24-hours.
The high-level goals of implementing a system include:
• Streamline processes through automation, integration, and workflows • Enhance reporting to improve decision making including meeting reporting requirements of the State and Federal EPA
• Increase data integrity and system reliability
• Provide a user friendly and intuitive user interface
• Promote implementation of best practice processes
2.1 System Training Requirements
Proponent shall:
• Specify the amount of training recommended for each level of user. Typical users would be administrators, office data entry, field data entry, etc. There are an estimated 10 users projected at this time.
2.2 General Requirements
The System shall:
• Allow the user to add, update, delete, store, or display information in any module without exiting the initial system.
• Have the ability to selectively download information into Excel, Word, or to standard ASCII format.
• Have querying capabilities that allows the user to sort and filter on essentially all appropriate data in each module.
• Have a reporting system that allows the user to easily print out desired information pertaining to just the records that are queried (as described above) or pertaining to active records or all records in the database.
• Have the ability to store and show images for each module, and name and attach image files to specific records in multiple popular formats. Example: PDF, JPG, etc. • Have user -defined fields for each module to store and track a dditional information as needed.
• Provide a context -sensitive help selection that can be accessed from any screen, and displays help related to the screen in use.
• Include a comprehensive user’s manual for each user/site license documenting all operations of the system including System Administration functions. Manuals must include sample reports, screen illustrations and instructions, and example problems.
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4 • Provide for automatically generated e-mail notification including notification to multiple persons (e.g., registered business, City staff, etc.) via the City’s standard email system, Outlook.
• Provide for text notification (e.g., SMS text), including notification to multiple persons. • Allow the user to name and save developed queries for processing multiple times during future use.
• Remain current with EPA requirements.
• Have application Support provided to trouble -shoot issues as they arise. (Note: third - party contractors are not acceptable.)
2.3 Data Integrity and Security Requirements
The System shall:
• Provide an audit trail that captures the user’s ID, a date and time stamp, and before/after values whenever changes are posted to the system database. • Have an “Administrator” module that allows the administrator to set user -level security access to the database.
• Have an administrator module that provides a means to set up user accounts, assign user passwords, and assign users to access-defined groups.
• Permit the ability to provide view, read, write, update, and delete security at multiple levels including menu function, file, record, and field. • Utilize a field sized to capture detailed comments and descriptions throughout the system and have basic word processing features such as word -wrap, spell check, cut, copy, and paste.
2.4 GIS Integration Requirements
• Integration of the system with the City’s Geographic Information System (GIS) is an extremely important part of the overall project. City staff will need to be able to see above-ground and below ground features such as sewer and s torm drain lines adjacent to the subject property utilizing the existing GIS system. • The System shall be compatible with the City’s current ESRI products (v ESRI’s ArcGIS Enterprise 10.8.1).
• The System shall be able to import and export data to and from GIS. • The user needs be able to query a location and display in the map frame adjacent sanitary and storm drain infrastructure.
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5 2.5 Reporting Requirements
The System shall:
• Come with report templates “out of the box” ready to use. • Be capable of producing a variety of reports and support ad-hoc queries such as:
• Open Inspections
• Scheduled Inspections
• Inspection History report
• Include an ad-hoc report writer.
• Enable customized reports to be saved by a specific username or employee number. • Have PDF, DOC (MS Word), and XLS (MS Excel) data export options. • Provide reports that meet CAL-EPA and EPA reporting requirements. • Allow for electronic document submittal from outside the City environment (e.g., from industries and facility users outside the City’s internet network). • Have the capability of sending calendar reminders to users outside the City environment of reporting requirements and due dates.
2.6 Field/Mobile System Requirements
The System shall:
• Enable the efficient use of a variety of portable computing devices including: Desktop Computer, Laptop Computer, Pen- based Computer, Handheld Computer, Tablet, and PDA.
• Enable full functionality when using field (portable) equipment including accessing and updating records.
2.7 Ease of Use Requirements
The System shall:
• Provide the ability to move from one module or function without logging into each module (regardless of login privileges) or returning to a “main menu”. • Provide a toolbar with graphical buttons to perform common functions. • Include a comprehensive user’s manual documenting all functions and operations of the system.
• Utilize a Find command function to search for selected data using a variety of simultaneous user-selectable search criteria.
• Visually distinguish between fields that are required, fields that are optional and fields that are display only.
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6 2.8 Ease of Use Questions:
• Does the system have any other integrations and compatibilities with other applications? If yes, proponent shall provide a list describing each of the applications? • Does the system allow the users to define which fields are required and which fields are not required?
• Does the system provide the ability to search the on-line help for a specific topic? • Does the user have the ability to access the on-line help files? • Does the system give clear and concise error messages? Can error messages be customized?
• Does the system allow user level preferences to be setup and saved? • Does the system include a menu item that al lows the user to view all open forms and select a form to bring to the top of the workspace?
• Does the system provide help for every form with a brief description of how to use the form?
• Does the system provide a calendar pop-up for date fields? • Does the sy stem documentation include step -by-step demonstrations or training aides for all forms in the system?
• Does the Find command function button have the ability to search the database for a data name in ascending or descending sequence?
• Does the system offer spell-checking features throughout the system? • Does the system allow column titles on data display forms to be changed? • Does the system offer data validation for data entry? For example, street endings Ave and not AV.
3.0 PROJECT SCHEDULE OF EVENTS
The dates indicated on page i of this RFP are the anticipated milestones for this project. All dates are subject to change.
4.0 SUBMITTAL REQUIREMENTS
4.1 PROPOSAL GUIDELINES, CONTENT AND FORMAT
The City of Stockton uses a qualifications-based selection process in obtaining these services. In order for the City to properly evaluate the Proponents’ qualification to perform this work, the proposals shall include, as a minimum, the following information:
A. Evidence of the Proponent’s ability to be responsive to thi s project in regard to timeliness and expertise, including availability of staff proposed to be assigned.
B. The Proponents are encouraged to expand on the Scope of Work to demonstrate their expertise.
Evaluation of the proposals will be based on qualifications, the experience of staff proposed to be assigned to the project, references, and thoroughness of the Proponent’s response to the Scope of Services.
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7 C. Such additional information that the Proponent may feel would be pertinent to assist the City of Stockton in making its final decision.
D. Please submit one (1) original and 4 copies of your proposal/qualifications. Additionally, submit one (1) electronic version of the proposal via one (1) USB, or emailed electronically to [email protected]. The original should be unbound to allow us to reproduce your proposal, as needed.
E. The proposal must be submitted, typewritten on 8½” X 11” white paper.
F. Material and data not specifically requested for consideration, but which the P roponent wishes to submit must not appear with the Proposal but may appear only in an “Additional Data” section.
This has specific reference to the following types of data: Generalized narrative of supplementary information; and Supplementary graphic material.
G. All proposals must be signed with the full name of the Proponent, if an individual; by an authorized general partner, if a partnership; or by an authorized officer, if a corporation.
H. When proposals are signed by an agent other than an officer of a corporation or a member of a general partnership, a power of attorney authorizing the signature must be submitted with the proposal.
I. Electronic proposal must have wet ink signatures. Modification to a proposal after the proposal submittal deadline will not be accepted by the City.
4.2 COVER LETTER
Submit a letter on your company letterhead addressing the proposal and format. The letter should be signed by an officer of the firm authorized to bind the firm to all comments made in the proposal, and shall include the name, address, phone number and e -mail address of the person(s) to contact who will be authorized to represent your firm.
In no more three (3) pages, the Cover Letter and Executive Summary shall include:
A. The names of the key members of the Proponent team;
B. The mailing address, telephone number, and the name of the main point of contact for the Proponent team;
C. A summary of the consultant’s experience and qualifications as it relates to the Scope of Work of this solicitation and the significant advantages to selecting the Proponent; D. An acknowledgement of receiving any addendum(s) to the solicitation document.
4.3 REFERENCES
Provide a list of references with current contact person, e -mail address and phone number who may be contacted regarding firm performance.
The review team will conduct a background reference review of each respondent. Please include the following information for three (3) projects that the proposed consultant team worked on together:
A. Name of the Project/Study
B. Location of the Project
C. Name, title, and contact information for the client.
D. Project Budget
E. Date of Completion of the Project
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8 4.4 FINANCIAL STATEMENT
The Proponent must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the services required herein.
Proponent shall submit a full and detailed presentation of the true condition of the P roponent’s assets, liabilities and net worth. The report should include a balance sheet and income statement. If the Proponent is a new partnership or joint venture, individual financial statements must be submitted for each general partner or joint venture thereof. If firm is a publicly held corporation, the most current annual report should be submitted.
Any Proponent who, at the time of submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Proponent under federal bankruptcy law or any state insolvency, may be declared non-responsive.
4.5 CORPORATE STRUCTURE, ORGANIZATION
Describe how your firm is organized, noting major divisions and any parent/holding companies, as well as brief history of the firm and all personnel potentially to be involved in the project including all sub - consultants. Designate the Principal in Charge and other key personnel. Include résumés. Also provide a description of the experience your firm has had with similar processes.
4.6 PROPOSAL FEE
Submit the proposal fee under sealed, separate envelope. Fee table located in Exhibit 1. Do not include with the technical proposal response. Provide detailed basic fee structure and break -down of any other charges related to your firm’s proposal as specified. Finalist’s fee structure may be subject to negotiation.
5.0 SELECTION CRITERIA & EVALUATION
The City is interested in selecting a qualified firm with the ability to provide the scope of work described in this solicitation and resulting awarded contract . A key component for the successful firm will be the ability to meet the performance desires of the City while minimizing the cost.
The Evaluation Panel will consist of City of Stockton staff and any other person(s) designated by the City.
Following review of the proposals, the Panel may invite one or more Proponents to make an oral presentation. During these presentations, the Proponent will be allowed to present such information as may be appropriate in order that the Panel can effectively and objectively analyze all materials and documentation submitted as part of the proposals.
Each firm must be represented by an individual who will be the prime contact person to the City and any other individuals whom the firm may select. The highest-rated proposal(s) will then be further scrutinized through financial analysis and reference checks.
Proposals shall be evaluated according to; demon strated understanding of tasks required, technical approach to specified operations, qualifications of staff, experience of company, demonstrated knowledge of best practices for identified scope , financial business strength and fee schedule proposal.
Proper format and demonstrated experience will merit consideration.
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9 To that end, the Panel will evaluate the proposals based on, but not limited to, the following criteria:
1. Proponent’s approach and schedule to provide all services as outlined in the Scope of Services and related documents;
2. Related experience with similar projects, company background and personnel qualifications;
3. Proponent’s Fee Schedule - completed and signed under separate, sealed cover;
4. Proponent’s Covenant;
5. Non-Collusion Affidavit;
6. References;
7. Submitted and signed Addendums;
8. Financials Review;
9. Interview/Presentation, if applicable; and
10. Any other criteria as best suits the City of Stockton.
6.0 CITY REQUIREMENTS
6.1 CITY RESPONSIBILITIES
City will provide all readily available plans, documentation, and data necessary for completing the above tasks.
Staff will be available as needed and will assist with coordination of stakeholder meetings and public outreach.
6.2 LOCAL BUSINESS PREFERENCE
Stockton Municipal Code Section 3.68.090 reads as follows:
Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. (Ord. 2014 -03-18- 1601 C.S. § 1; prior code § 3-106.1)
6.3 MANDATORY/OPTIONAL PRE-SUBMITTAL MEETING
There is no mandatory/optional pre-submittal meeting.
6.4 TERM
The City intends to award a five (5) year term for this contract.
6.5 OTHER GOVERNMENT AGENCIES
If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.
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10 Such participating governmental bodies shall make purchases in their own name, make payment directly to successful Proponent and be liable directly to the successful Proponent, holding the City of Stockton harmless.
6.6 INSURANCE REQUIREMENTS
Proponent, at Proponent’s sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the insurance requirements listed in attached Exhibit B.
All coverage shall be provided by a carrier authorized to transact business in California and shall be primary. All policies, endorsements, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.
Maintenance of proper insurance coverage is a material element of this contract, and failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
The Proponent shall assert that these insurance requirements will be met as part of their proposal response. Failure to comply with these insurance requirements may result in a proposal being deemed unresponsive. Proponent shall satisfy these insurance requirements concurrently with the signing of the contract prior to commencement of work. It is strongly suggested that insurance requirements be reviewed with Proponent’s broker to ensure any additional costs are included in the proposal pricing component.
Any questions pertaining to insurance requirements, please contact City of Stockton Risk Services at (209) 937-5037.
6.7 APPLICABLE LAW
Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, County of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.
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.
6.8 METHOD OF PAYMENT
Payment will be made within thirty (30) days after invoices are received and accepted by the City.
Invoices are to be rendered monthly, unless prescribed differently per contract.
6.9 NOTICE TO OUT OF STATE BUSINESS
It is the policy of the City of Stockton to pay all applicable California sales/use tax directly to the State Board of Equalization (BOE) pursuant to California Revenue and Taxation Code 7051.3. The City of Stockton will self- accrue all sales/use tax on purchases made from out -of-state business, unless documentation is provided by Proponent evidencing the business is registered with the state of California.
Sales and use tax on purchases made by the City of Stockton from all companies located outside California, not registered with the state and whose products are shipped from out of state will be remitted to the Contract for Enforcement Software
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11 BOE directly by the City under permit number SR KHE 28-051174 DP. Please do not include sales/use tax on the invoice that you submit to the City of Stockton.
Questions regarding the City of Stockton’s payment of sales/use tax can be directed to the City of Stockton’s Procurement Division at (209) 937-8357.
6.10 CONFIDENTIALITY
If Proponent believes that portions of a proposal constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the Proponent must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the proposal which the P roponent believes to be protected from disclosure. The Proponent must submit in writing specific detailed reasons, including any relevant legal authority, stating why the Proponent believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted. The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The Proponent is hereby put on noti ce that the City may consider all or parts of the offer public information under applicable law even though marked confidential.
6.11 PROTEST POLICY
Protest and Appeal Procedures. In order to maintain fairness and impartiality, the City of Stockton has established a solicitation protest policy and procedure.
6.11.A Protest Procedure
6.11.1 All protests must be in writing and stated as a formal protest.
6.11.2 A casual inquiry, complaint, or a statement of intent to protest that does not provide the facts and issues and does not comply with the content requirements or deadlines, will not be considered or acted upon as a protest.
6.11.3 The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.
6.11.4 The solicitation process and procedures, including evaluation criteria, shall not be proper grounds for protest. Concerns related to the solicitation process and procedures, including evaluation criteria, should be raised and addressed, if at all, prior to the bid/proposal due date and time to allow adjustments before evaluation of the solicitation.
6.11.5 Protests must be filed with the City's Chief Financial Officer, or designee, at the address listed in the Solicitation Protest FAQ sheet and Procurement Procedure Manual, not later than five (5) days after the date the City mails the Letter of Intent to Award.
6.11.6 Deliveries of the protest by hand, mail, email or fax are acceptable.
6.11.7 The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines
6.11.8 The party challenging the award decision to bear the burden of proof of material error to justify invalidation of the proposed award.
6.11.B Protest Review
6.11.1 The Chief Financial Officer or designee shall respond in writing at least generally to each material issue raised in the protest.
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12 6.11.2 The Chief Financial Officer's, or designee 's, administrative decision may be appealed in writing to the City Manager no later than (5) business days after the date the Chief Financial Officer's, or designee's, the decision is mailed to the protesting party.
6.11.3 The City Manager shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Chief Financial Officer, or designee.
6.11.4 Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.
6.11.5 The City Manager's administrative decision is final. After the City Manager issues the final administrative decision, t he time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094 or as such section may be amended from time to time.
6.11.6 If the protested procurement involves state or federal funds, the Chief Financial Officer, or designee, shall give notice to the interested party that he or she has the right to appeal to the appropriate agency, which shall be identified by name and address. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested party(ies).
6.11.7 The City may require the protesting party to submit a City Council approved non-refundable protest fee to cover the administrative cost of processing the protest.
Bidders, Proponents, and contractors wishing to protest or appeal a procurement or contracting decision by the City must follow the procedures provided by this section. The City will not review protests or appeals that are not submitted in accordance with these provisions and procedures.
A copy of this policy can be requested from the procurement specialist by emailing [email protected].
7.0 GENERAL REQUIREMENTS, TERMS & CONDITIONS
7.1 CONSEQUENCE OF PROPOSAL SUBMISSION
A. The City shall not be obligated to respond to any proposal submitted nor be legally bound in any manner by the submission of a proposal.
B. Acceptance by the City of a proposal obligates the Proponent to enter into an agreement with the City.
C. An agreement shall not be binding or valid against the City unless or until it is executed by the City and the Proponent.
D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.
7.2 ACCEPTANCE OR REJECTION OF PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a proposal may be sufficient grounds for rejection of the proposal. The City has the right to waive any defects in a Contract for Enforcement Software
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13 proposal if the City chooses to do so. The City may not accept a proposal if any document or item necessary for the proper evaluation of the proposal is incomplete, improperly executed, indefinite, ambiguous, or missing.
The City reserves the right to select the successful proposal and negotiate an agreement as to the scope of services, the schedule for performance and duration of the services with Proponent whose proposal is most responsive to the needs of the City. Further, the City reserves the right to reject any and all proposals, or alternate proposals, or waive any informality or irregularity in the proposal as is in the City's best interest.
The City reserves the right to reject any and all proposals, or portions thereof, received in response to the solicitation or to negotiate separately with any source whatsoever, in any manner necessary, to serve the best interests of the City. Additionally, the City may, for any reason, decide not to award an agreement as a result of this RFP.
Non-acceptance of any proposal shall not imply that the proposal was deficient. Rather, non-acceptance of any proposal will mean that another proposal was deemed to be more advantageous to the City or that the City decided not to award an agreement as a result of this RFP.
7.3 RIGHT TO CHANGE OR AMEND REQUEST
The City reserves the right to change the terms and conditions of this RFP. The City will notify potential Proponent of any material changes by posting on the City’s website. No one is authorized to amend any of the RFP requirements in any respect, by an oral statement, or to make any representation or interpretation in conflict with its provisions. If necessary, supplementary information and/or clarifications/questions/answers will be posted on the City’s website at www.st ocktonca.gov/mudbid.
Failure of any Proponent to not have received such information and/or clarifications/questions/answers shall not relieve such Proponent from any obligation under his/her proposal as submitted.
Any exceptions to this Proposal shall be clearly stated in writing.
7.4 CANCELLATION
The City reserves the right to rescind award of the contract at any time before execution of the contract by both parties if rescission is deemed to be in City’s best interest. In no event shall City have any liability for the rescission of award. The Proponent assumes the sole risk and responsibility for all expenses connected with the preparation of its proposal.
7.5 EXAMINATION OF PROPOSAL MATERIALS
The submission of a proposal shall be deemed a representation and warranty by the Proponent that it has investigated all aspects of the RFP, that it is aware of the applicable facts pertaining to the RFP process and its procedures and requirements, and that it has read and understands the RFP. No request for modification of the provisions of the proposal shall be considered after its submission on the grounds the Proponent was not fully informed as to any fact or condition. Statistical information which may be contained in the Solicitation or any addendum is for informational purposes only. The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.
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14 7.6 ADDENDA AND INTERPRETATION
The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications, questions, or answers of this RFP shall be made in writing/e-mail and deliverable to:
CITY OF STOCKTON
ATTN: PATRICIA MONESI
PROCUREMENT DIVISION
400 E MAIN, 3RD FLOOR
STOCKTON, CA 95202
[email protected]
Such request for clarifications/questions/answers shall be delivered to the City in accordance with the date identified on page i of this Solicitation . Any City response to a request for clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/mudbid the date identified on page i of this Solicitation, and will become a part of the Solicitation . The P roponent should await responses to inquiries prior to submitting a proposal. .
7.7 DISQUALIFICATION
a. Any of the following may be considered cause to disqualify a P roponent without further consideration:
b. Evidence of collusion among Proponents;
c. Any attempt to improperly influence any member of the evaluation panel; d. Any attempt to communicate in any manner with a City of Stockton elected official during the RFP process will, and shall be, just cause for disqualification/rejection of Proponent’s proposal/Proponent’s bid submittal and considered non-responsive. e. A Proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or
f. Existence of any lawsuit, unresolved contractual claim, or dispute between P roponent and the City.
g. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section
3.68.120 of the Municipal Code.
7.8 CONDITIONS IF WORK IS SUBCONTRACTED
The Proponent assumes full responsibility, including insurance and bonding requirements, for the quality and quantity of all work performed.
If Proponent's supplier(s) and/or subcontractor's involvement requires the use of a licensed, patented, or proprietary process, the proponent of the process is responsible for assuring that the subcontractor, supplier, and/or operator have been properly authorized to use the process or for providing another process which is comparable to that which is required prior to submission of a proposal.
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15 7.9 LICENSING REQUIREMENTS
Any professional certifications or licenses that may be required to perform the scope of work will be the sole cost and responsibility of the successful Proponent.
A City of Stockton Business license may be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.
7.10 INDEMNITY AND HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
7.11 COMPETITIVE PRICING
Proponent warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of Proponent. If Proponent enters into any arrangements with another customer of Proponent to provide product under more favorable charges, economic or product terms or warranties, Proponent shall immediately notify City of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.
7.12 AVAILABLE FUNDING
Any contract which results from this RFP will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will terminate without penalty, at the end of the term for which funds are appropriated.
7.13 TERMINATION FOR CONVENIENCE
The City may terminate the resultant Agreement for convenience at any time by mailing a notice in writing to the Contractor.
7.14 AUDITING CHARGES AND SERVICES
The City reserves the right to periodically audit all charges and services made by the successful Proponent to the City for services provided under the contract. Upon request, the Proponent agrees to furnish the City with necessary information and assistance.
7.15 CHANGES
The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the Proponent or as recommended by the Proponent’s project manager, pursuant Contract for Enforcement Software
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16 to the adopted City of Stockton Standard Specifications.
7.16 AWARD
Upon conclusion of the Solicitation process, the City may award a contract may for services identified in the Solicitation. The City reserves the right to select the successful Proponent and to negotiate terms of a contract with the Proponent whose proposal is most responsive to the needs of the City. Further, the City reserves the right to reject any and all proposals, or alternate proposals, or waive any informality in the proposal as is in the City's best interest.
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8.0 PROPOSAL DOCUMENTS
ENVIRONMENTAL CONTROL ENFORCEMENT SOFTWARE PROGRAM
PUR-23-013
SUBMITTAL DUE: THURSDAY, MARCH 2, 2023 AT 2:00 PM
RFP Submittal
Mailing, Delivery Address
and Electronic Mail
Office of the City Clerk
425 North El Dorado Street, First Floor
Stockton, CA, 95202-1997
[email protected] (if applicable)
Proponent Business Name
Proponent Contact Name
Proponent Address
Proponent Phone Number
Proponent Email Address
Department of Industrial
Relations ID Number (if
applicable)
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ATTACHMENT A – PROJECT SUBMITTAL CHECKLIST
THIS CHECKLIST IS FOR PROVIDED FOR YOUR CONVENIENCE ONLY. IT IS NOT REQUIRED TO BE SUBMITTED WITH PROPOENT PROPOSAL.
Complete the following proposal attachments (FROM THIS PACKET ONLY SUBMIT PAGES FROM SECTION 8 AND PLACE IN THE FRONT OF YOUR PROPOSAL).
Sign and notarize by jurat certificate the "Non-Collusion Affidavit" form. An "All-Purpose Acknowledgment" form will not be sufficient.
Complete and sign a "Proponent's Fee Schedule" form, Exhibit 1, (under separate cover). Sign the "Proponent’s Covenant" form. Include (with proposal) name and e-mail address for City contact, if different from signatoree.
Include your proposal, as outlined in these specifications. Submit one (1) ORIGINAL (unbound, no staples) and 4 COPIES of all proposal documents.
Additionally, submit one (1) USB with an electronic version of the proposal or electronically to [email protected].
Review, print and sign all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid and submit with proposal response. Use Section 8.0 Proposal Documents to deliver sealed proposal timely to City Hall, City Clerk's Office (1st floor), 425 North El Dorado Street, Stockton, CA 95202.
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8-3
ATTACHMENT B- PROPONENT’S COVENANT
In submitting this proposal, as herein described, the Proponent agrees that:
1. They have carefully examined the Scope of Work and all other provisions of this document and understand the meaning, intent and requirements of same.
2. They will enter into contract negotiations and furnish the services specified.
3. They have signed and notarized the attached Non-Collusion Affidavit form, whether individual, corporate or partnership. Must be ‘A Jurat’ notarization.
4. They have reviewed all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid.
5. Confidentiality: Successful Proponent hereby acknowledges that information provided by the City is personal and confidential and shall not be used for any purpose other than the original intent outlined in the Request for Proposal. Breach of confidentiality shall be just cause for immediate termination of contract agreement.
FIRM
ADDRESS
SIGNED BY & DATE
TITLE OR AGENCY
PHONE/FAX NUMBER
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8-4
ATTACHMENT C - NON-COLLUSION AFFIDAVIT
No. 1 AFFIDAVIT FOR INDIVIDUAL PROPONENT
STATE OF ____________, ) ss.
County of )
(insert)
being first duly sworn, deposes and says: That on behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent.
(Signature Individual Proponent)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal __________________________________________
Signature ____________________________
No. 2 AFFIDAVIT FOR CORPORATION PROPONENT
STATE OF ____________, )ss.
County of )
(insert)
being f irst duly sworn, deposes and says: That they
are the of a corporation, which
corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent.
(Signature Corporation Proponent)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by ______, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal _____________________________
Signature ____________________________
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No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP STATE OF _____________, )ss.
County of )
(insert)
, each being first duly sworn, depose and say: That they are a member of the firm, association or co-partnership, designated as _____who is the party making the foregoing bid; that the other partner, or partners, are that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent.
(Signature)
(Signature)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal
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9.0 PROPOSAL EXHIBITS
9.1 Exhibit 1 – Fee Schedule Tables
Enter any additional technical, performance or functional specifications for the request.
9.2 Exhibit 2 – Sample Contract
Any major provision changes to the sample contract should be submitted by the Proponent along with the proposal response.
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City of Stockton
Legislation Text
File #: 23-0580, Version: 1
APPROVE MOTION TO EXECUTE A THREE-YEAR CONTRACT WITH TWO (2) ONE-YEAR
OPTIONS TO EXTEND WITH ALLIED UNIVERSAL FOR CITYWIDE SECURITY SERVICES (PUR 23-019)
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute a three-year contract with two (2) one-year options to extend between the City of Stockton (City) and Universal Protection Service, LP, dba: Allied Universal Security Services (Allied Universal) for Citywide security services for a total contract amount not to exceed $10,390,980.
2. It is further recommended that the City Manager is hereby authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Summary
The City issued a Request for Proposals (RFP) for Citywide security services (PUR 23-019) on February 23, 2023, and received eleven responses. The RFP review committee, consisting of representatives from the City Manager, Community Services, and Public Works Departments, rated each proposal and eleven proposers were invited to participate in an interview on April 14, 2023. The committee recommends the City contract with Allied Universal from Stockton, CA. The contract term will be for a three -year term, with two (2) one-year options to extend in an amount not to exceed $10,390,980.
DISCUSSION
Background
Since 2008, the City has contracted for security services at various City buildings to provide customer assistance, patrol after hours, escort employees and customers to their vehicles, provide security at City Council meetings, and provide security at the library branches throughout San Joaquin County.
In December 2013, the contract with First Alarm Security and Patrol Inc. was approved with an annual estimated cost of $660,000 based on 36,203 hours of service. As a result of federal and state statutory minimum wage and benefit mandates, Security Officer Service rates and Security Patrol Service rates were increased in 2016, 2017, and 2018.
The current contract extension with Securitas is set to expire on August 31, 2023. With that contract nearing expiration, the City issued a Request for Proposals (RFP) for private security services as the City of Stockton Printed on 7/5/2023Page 1 of 3
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City will require the use of private security services for fixed-post and bicycle patrol security services at the following City facilities:
· City Hall - Administrative Services, City Council meetings · Police Headquarters - Stewart Eberhardt Building
· Community Development - Permit Center
· Public Works Sites - Corporation Yard and Van Buskirk Golf Course · Community Service Sites - Libraries and Recreation (Pools and Community Centers) · Economic Development Site - Pixie Woods
· Municipal Utility Site - Municipal Utilities Plant
Hours, staffing, and specific duties vary by location and are at the discretion of each Department based on its unique security needs. It is advantageous for the City to have one contractor provide these services as it allows for flexibility in assignments while encouraging a standard service level and limiting required contract oversight by City staff.
Present Situation
The RFP was issued on February 23, 2023, directly e-mailed to eleven prospective vendors, advertised in The Record, and posted on the City’s Bid Flash website. A mandatory job walk was held on March 16, 2023, to discuss each site and requirements for each site. Two vendors did not attend the mandatory job walk, eleven proposals were deemed eligible and the RFP review committee, consisting of representatives from the City Manager, Community Services, and Public Works Departments, rated each proposal based on criteria set forth in the RFP Bid Specification.
The following proposers were invited to participate in an interview with the RFP review committee on April 14, 2023:
· A1 Protective Services
· ABA Protection
· Allied Universal
· American Global Security
· American Guard Services
· Contact Security
· Good Guard Services/Trine
· Professional Security Services
· Quality Security Services
· Securitas Security Services USA, Inc.
· Security Systems Management, Inc.
Following the interviews, the RFP review committee began contract negotiations with Allied Universal because the committee felt that this vendor best met the City’s needs and budget while preserving the requirements outlined in the RFP. Allied Universal was selected based on their experience with similar agencies (i.e., courthouses, City Halls, Libraries, and Municipal buildings). Allied Universal also demonstrated the ability to fulfill all the required staffing for the City, which was a concern to the review committee due to the increase in hours since the RFP was first requested back in 2018.
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Project deliverables include providing premium affordable service through regular up-to-date guard training sessions, report writing techniques, software that allows for client online monitoring, and a professional physical presence to deter crime. Members of the Selection Committee recommend City Council approve a contract with Allied Universal, whose proposal best meets the City’s requirements.
The contract will be managed by the Police Department/Fiscal Affairs Division to coordinate quarterly meetings with participating Departments to assess satisfaction and address any global issues related to the contracted services. Monthly billing, including invoice review and payment, will be handled by the individual Departments in an effort to maintain direct oversight of the day-to-day services.
FINANCIAL SUMMARY
The pricing proposal submitted by Allied Universal was the lowest received of the top four interviewed. The total annual cost is within the existing budget appropriation for each of the locations requesting services, and an additional budget appropriation is not needed at this time. Each Department participating in this contract is responsible for budgeting appropriate funding in its annual operating budgets. Should the needs of the City change during the contract term, Allied Universal will remain flexible and can increase or decrease services as needed.
Allied Universal has committed to a pricing commitment as follows:
The rate for year one, $28.48 an hour including benefits, is $1.25 more per hour than the current contract price. Allied Universal has eight designated holidays per year. Overtime will be limited to emergency situations and special requests by City staff. It is estimated that the annual cost of these services paid to Allied will not exceed $2,887,023 based on approximately 91,299 annual hours of service. The annual cost will be charged to the General Fund, City enterprise funds including Central Parking, Municipal Utilities, as well as other funds partially funded with General Fund dollars such as the Library, Recreation, and Fleet Internal Service Fund.
Attachment A - Contract for Security Guard Services
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Attachment A
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and Universal Protection Service, LP, dba: Allied Universal Security Services as set forth in Exhibit A to this Agreement.
(“Contractor”) to provide Citywide Security Services
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: September 1, 2023 Terminates on: August 31, 2026
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ 10,390,980
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
(d) Exhibit D – Professional Services Special Terms & Conditions (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
_Universal Protection Service, LP, dba: Allied Universal Security Services Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
Authorized Signature Date
Printed Name and Title of Person Signing
1341 W. Robinhood Dr., Ste. B-7 Stockton, CA 95207
CITY OF STOCKTON
Harry Black, City Manager Date
ATTE
ST:
Eliza R. Garza CMC, City Clerk
APPRO
VED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
1 (Rev. 10.27.22)
Agreement Number:
215
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2 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1.0 Project Objectives
1.1 The Contractor shall provide fixed post and patrol security services, including, but not limited to, bicycle, vehicle, and foot patrol at the various City of Stockton facilities, in accordance with the estimated schedule in Exhibit F.
1.2 Except in emergency situations (as determined by the City), daily start and stop times, days of the week, and seasonal start and stop times can be altered for each location with at least 24 hours advanced notice by the City. The City reserves the right to adjust the schedule (increase or decrease hours) for any site or to add or subtract sites based on operational needs and/or budgetary resources.
2.0 Project Scope
2.1 Within City facilities, the Contractor shall encounter, confront, and address issues which may include, but not be limited to, loitering, homelessness, property crime related to theft or vandalism, crowd control, and public safety during large special events and meetings, and disorderly conduct.
2.2 Contractor shall provide all labor, material, vehicles, bicycles, and personnel equipment such as flashlights, radio, cellular phones, tablets or other communication devices, safety gear that may be required for the site (i.e., steel-toed shoes, reflective vests, hardhats, etc.) and guard uniforms.
2.3 Contractor shall provide security services in accordance with the requirements of this scope of services. Contractor shall be responsible for the following services and duties:
2.3.1 Establish a visual presence that communicates to the public that the facilities are safe and secure.
2.3.2 Greet, engage, and assist visitors in each facility, patrol, and maintain security. Escort unwanted visitors out as quickly as possible if they linger in the facility after inquiring whether they need assistance.
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2.3.3 Lock and unlock buildings, gates, and access ways and maintain key security. The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The Contractor shall properly use and keep safe all keys or locks issued by the City to the Contractor. The Contractor shall report all lost or stolen keys or locks to the City within twenty-four (24) hours of discovering the keys or locks are lost or stolen. The Contractor shall reimburse the City for the total cost of re-keying, replacement keys, and/or locks that have been lost. Upon termination or cancellation of the resulting contract, the Contractor shall immediately return all keys, cards, remotes, etc., to the City. The Contractor shall reimburse the City for the total cost of lost items. It is the City's responsibility to make/duplicate any keys, which should be requested to the appropriate department and issued following the City's key request policy.
2.3.4 Respond to security, fire, and critical alarms or calls. Provide effective, efficient, and proper responses and follow through with authorities and appropriate department contacts when emergencies arise in the facilities.
2.3.5 Monitor and ensure restricted areas are limited to authorized persons only.
2.3.6 Secure assets against damage, theft, fire, flood, storm, tempest, or other events that may cause damage as instructed.
2.3.7 Manage lost and found items by turning them into authorized personnel to be determined by the City.
2.3.8 Keep and maintain a record of activity throughout the shift with a Daily Activity Report (DAR), reporting significant events to the City as instructed.
2.3.9 Review and analyze the DAR of the previous shift and take appropriate actions as necessary.
2.3.10 Make regular and randomly complete, timed daily rounds (even in inclement weather) throughout all facilities, including but not limited to multiple facility levels, parking lots, exterior perimeter, stairwells, public restrooms, lobbies, basements, or anywhere that a person could hide or sleep. After thoroughly checking a 217
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facility, security personnel shall write down observations/actions taken in the DAR.
2.3.11 Engage those sleeping in or around City facilities, inform them that this behavior is prohibited, and escort them from the facility.
If the person is a repeat offender or does not cooperate and leave the facility, the security guard shall call the Stockton Police Department (SPD).
2.3.12 Engage people urinating or defecating in or around any City facility and inform them that this behavior must cease
immediately; it is unacceptable, illegal, and subject to citation.
The security guard shall call SPD if the person is disobedient, nonconforming, defiant, and/or threatening.
2.3.13 Respond to emergencies, intervene to resolve the incident, and contact the proper authorities immediately, including SPD and/or Stockton Fire Department (SFD).
2.3.14 Designate a primary point of contact, referred to as the "Project Manager," for City staff to communicate with on an as-needed basis. The Project Manager shall keep the City informed of any, and all personnel changes and any site-specific issues or recurring problems.
2.3.15 Provide a supervisor to monitor, evaluate, and provide coverage for guard performance at all sites, and for all shifts.
2.3.16 Ensure security Supervisor shall make changes to staff's weekly regular schedules, as needed, to compensate for scheduled and unscheduled absences; read, review, and approve all DAR and Special Incident Report (SIR) forms; correct security guards for lack of performance issues, such as inability to follow written or oral instructions, and uniform appearance; attend regularly scheduled meetings with Contractor's Project Manager and City personnel, and proactively address any gaps in service level or guard performance.
2.3.17 Ensure proper protocol of metal detector and wand screening, positively identifying all alerts.
2.3.18 Ensure 24/7 security services at the Municipal Utilities Department (MUD) and Municipal Services Center (Public
Works) facilities. Services shall include those listed as well as manning a guard booth at the main entrance to check in
visitors, monitor cameras, control ingress and egress at the gates, and
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generally control access to the facility. In addition to manning the guard booth, there may be additional roaming security staff to make random checks of the buildings and facilities to ensure no incidental access and provide break and mealtime coverage to the guard booth staff.
2.3.19 Ensure the safety of City employees by escorting them to vehicles, upon request.
3.0 Specifications
3.1 REPORTING REQUIREMENTS
3.1.1 Contractor shall be required to update and maintain DAR and SIR documenting security-related problems at each site. Contractor shall ensure that the DARs and SIRs are verified for
completeness/accuracy. DAR and SIR forms must be made available to the City upon request.
3.1.2 Contractor shall ensure that each DAR includes at a minimum the following information:
3.1.2.1 Security Guard's name, assignment, equipment check, date/time/facility, and descriptions of patrol activities.
3.1.2.2 Summary of security logs including the number of reported incidents and associated details along with photos of the incidents.
3.1.2.3 Record of any actions, follow-ups or updates on the identified incidents.
3.1.2.4 Summary of any reportable incidents.
3.1.2.5 List of any vehicles that are out of service and details of the nominated replacement vehicles.
3.1.2.6 Hourly communication between security guards and supervisors shall be recorded on the DAR.
3.1.2.7 DARs must be digital and emailed to authorized City personnel for each site, each day.
3.1.2.8 Produce SIRs for all crimes committed in the facilities, medical medical aid calls when advanced medical aid needs to be summoned, any injury on City property, and any irregular or 219
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suspicious activity which needs to be documented outside the daily DAR. Contractor shall ensure that each SIR includes at a minimum the following information:
3.1.2.8.1 Date, time, facility address, Security Guard's name, and badge number.
3.1.2.8.2 A detailed description of the incident; and
3.1.2.8.3 All actions that were taken, i.e., license plate numbers, names, phone numbers, descriptions, photos,
statements, locations, police case numbers, and names of City staff contacted, when applicable.
3.2 EMPLOYEE SELECTION
3.2.1 The City holds the right to reject or demand the immediate replacement of any security employees that do not meet one or more of the selection or performance criteria noted below. In an effort to retain site knowledge and expertise, the Contractor shall interview existing security staff for potential employment. All employees selected to work at any City of Stockton location shall be qualified based on meeting, at a minimum, the following:
3.2.1.1 Be a United States Citizen or possess the necessary authority from the U.S. Citizenship and Immigration Services to be employed in the United States.
3.2.1.2 Possess a valid California driver’s license.
3.2.1.3 Possess a high school diploma or equivalent.
3.2.1.4 Possess the ability to communicate effectively in the English language, both oral and written. Write legible, complete, and accurate DARs.
3.2.1.5 Successfully pass a drug screening evaluation and background investigation to include fingerprinting within the previous twelve (12) months.
3.2.1.6 Possess adequate physical and mental health, including good, corrected eyesight (correctable to 20/20, good visual acuity and normal color perception), hearing, sense of smell, and mobility necessary to perform security guard service functions.
3.2.1.7 Ability to assess a situation, and quickly determine what is going on and what type of assistance/action will be needed. 220
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3.2.1.8 Ability to walk three (3) miles, including stairwells, in good physical condition during assigned shift.
3.2.1.9 Ability to give general directions and information to customers.
3.2.1.10 Ability to be professional, courteous, and helpful; and the ability to display a proactive problem-solving approach to issues and questions. Security guards should be outgoing and focused on customer service as a critical part of their security function.
3.2.1.11 If selected to drive a security vehicle, the employee(s) must maintain a good driving record, including, but not limited to, no moving violations within the last twelve (12) months, have had proper training in the use of all equipment associated with the use of the vehicle, including first aid/CPR training.
3.2.1.12 Possession of valid credentials evidencing Security Guard Registration with the Bureau of Security and Investigative Services of the California Department of Consumer Affairs. The guard must be always in possession of these credentials and must be presented at any time to any law enforcement officer or City representative. Failure of a guard to meet this requirement may result in liquidated damages and nonpayment by City to Contractor for such guard services. Contractor shall replace the guard in the event the guard fails to provide proper credentials.
3.2.1.13 Shift Supervisor: Same qualifications as a security guard and ability to effectively supervise security guards and make changes to staff's weekly regular schedules, as needed, to compensate for scheduled and unscheduled absences. Have a working knowledge of company's organization, training, and resources outside of the City account. Maintain and obtain company equipment such as vehicles, flashlights, uniforms, blank DAR, and SIR report forms. Read, review, and sign guards' DAR and SIR forms. Have the ability to correct security guards for lack of performance issues such as the inability to follow written or oral instructions and uniform appearance.
Attend weekly meetings with Contractor's Project Manager and City personnel.
3.3 TRAINING
3.3.1 Contractor shall have a formal, written training plan for employees and document employee attendance and participation. The training plan should provide for ongoing employee training based on specific 221
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job assignments and locations. Training shall include but not be limited to the proper use of all equipment, how to provide exceptional customer service, a protocol for how to report concerns, issues, breaches of security while on duty, and proper chain of command for both site locations and within the Contractor's company. Site training shall include specific expectations of staff while on duty, breaks, and at the start and end of the shift. Backfill employees must be trained in on-site protocols prior to starting a shift.
3.3.2 Contractor shall complete and maintain training records, which indicate all initial and recurrent training and any examination results, permits, licenses, and registrations required by State Law or City Ordinance, for all employees assigned to duty under a City of Stockton contract. The Contractor shall maintain training records for terminated employees for at least one year after termination or the period required by State law, whichever is longer. These records will be available for inspection by the City upon request. The Contractor shall ensure all employees assigned to City sites will be thoroughly familiar with the requirements of the duty station and applicable City policies to the duty station assigned.
3.4 SUPERVISION
3.4.1 Contractor shall provide adequate supervision of personnel to ensure their employees are always attentive while on duty, and employees do not sleep, read, text, play video games, watch television, access the internet or any social media site, listen to audio headset equipment, consume alcohol, or perform any other distracting task while on duty. Contractor shall ensure their employees are properly uniformed, neat, and professional in appearance, and courteous and professional in demeanor, at all times while on duty. Contractor agrees to schedule supervisor to attend regularly scheduled meetings with City staff to review contract performance on not less than a quarterly basis. Times, dates, and places to be determined.
3.4.2 Contractor shall ensure DAR logs are maintained at each site to verify area is secured and document any unusual activity. Specific requirements may vary by site.
3.4.3 Contractor is responsible for payment of their employees' wages, salaries, overtime, benefits, taxes, insurance, and other required costs associated with employment. At no time are they considered employees of the City of Stockton. Employees assigned to duties with the City shall not work more than 12 hours per day with a turnaround time of fewer than 12 hours, or 52 hours per week on all 222
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assignments combined. The City will not pay overtime unless requested by and approved by the Project Manager.
3.5 PROFESSIONAL STANDARDS, UNIFORMS, AND EQUIPMENT
3.5.1 Contractor shall provide all necessary uniforms and equipment for their personnel. Contractor shall ensure that all uniforms are clean and pressed and clearly show the word "Security" on it as well as visibly display a name badge with the guard's picture, name, and the name of the Contractor.
3.5.2 Contractor shall ensure that all staff acts professionally, and is courteous, well-groomed, well-mannered, and helpful to all customers. Contractor shall have established comprehensive standards of appearance for maintaining both professional standards of conduct and neat personal appearance for its employees.
3.5.3 Required equipment includes a flashlight, pen and paper, either a portable two-way radio or a cellular telephone, and an automobile, bicycles, and necessary safety equipment required by Contractor policy– all in good working condition. Other equipment such as rain gear, handcuffs, and pepper spray, may be used with permission of the City. Contractor shall report any equipment malfunctions, problems, safety, and/or maintenance concerns to the City.
3.5.4 Contractor shall ensure all security equipment such as radios, mobile phones, parking compliance devices, etc. are appropriately charged and in good working order. Additional portable phone charger must be provided so that personnel is never without a cell phone while phone charges. Cell phone must be on personnel and answered during billable hours at each site.
3.5.5 Contractor shall maintain evidence of all required training and permits for any equipment assigned or used by their employees while on duty for the City.
3.6 VEHICLE
3.6.1 Vehicles used by Contractor shall comply with the following:
3.6.1.1 Be clearly marked as a security patrol vehicle on the front, back, and both sides with the Contractor's company name and
insignia.
3.6.1.2 Be equipped with an emergency lighting system, in accordance with the California Highway Patrol, emergency road flares, and 223
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first aid kit. If the use of a rental vehicle is necessary, it must be clearly marked as a security patrol vehicle while at any assigned City location.
3.6.1.3 Be clean and well maintained in safe operating condition. The Contractor shall maintain vehicle maintenance and inspection records for all vehicles used to provide security guard service to the City. These records will be available for inspection upon request by the City.
3.6.1.4 Be properly licensed with current registration and insured in accordance with State law.
3.7 BICYCLES
3.7.1 Bicycles used by Contractor shall comply with the following:
3.7.1.1 Be clearly marked as a security patrol bicycle with the Contractor's company name and insignia.
3.7.1.2 Be equipped with a lighting system including reflectors and other safety equipment in accordance with the California Vehicle Code.
3.7.1.3 Be clean and well maintained in safe operating condition. The Contractor will maintain bicycle maintenance and inspection records for all bicycles used to provide security guard service to the City of Stockton.
3.7.1.4 Be properly licensed with the City in accordance with the Stockton Municipal Code
3.8 CONTRACT PERFORMANCE
3.8.1 The City will evaluate Contractor's performance under the conditions of the resulting contract. The Contractor shall be required quarterly per calendar year with the City representative(s).
4.0 Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Allied Universal Security Services City: City of Stockton Attn: Erik Homan Attn: City Manager
1341 W. Robinhood Dr., Ste. B-7 425 N. El Dorado Street Stockton, CA 95207 Stockton, CA 95202
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5.0 Key Personnel
City of Stockton - Allied Universal Key Personnel
Name TBH Name Eddie Esparza
Title
Contact
#
Account Manager Title
Contact
#
General Manager
408-688-4817
Email Email [email protected]
Name Juan Thomas Name Larry Reid
Title
Contact
#
Client Manager
510-501-8469
Title
Contact
#
Regional Vice President
925-532-6920
Email [email protected] Email [email protected]
Name Cesar Hernandez
Title
Contact
#
Director of Operations
209-507-1683
Email [email protected]
10. Option to Renew.
The term of the Agreement may be extended by two (2) options to renew for one (1) additional years by a written amendment executed by both parties. However , the
total term of the Agreement including the extended term shall not exceed five (5) years.
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12 Exhibit B:
Insurance Requirements
(City Wide Security Services)
Co
ntractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Cov
erage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
5. Crime/Fidelity Bond - Insurance no less than $1,000,000 per occurrence, covering all officers and employees, for loss of proceeds caused by dishonesty.
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.
Othe
r Insurance Provisions
226
Attachment A
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13 The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
227
Attachment A
REV 2022-05-17
14 Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including 228
Attachment A
REV 2022-05-17
15 endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Special Risks or Circumstances
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 St, 3rd Floor – HR
Stockton, CA 95202
229
Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of wo
rk performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work .
All Contractor services, work, and
deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of t his 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 16 230
Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services , and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no author ity or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 17 231
Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 I
t is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 18 232
Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)
11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- No n-Appropriation. It is m utually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-As
signability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless . To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement.
These obligations shall survive the completion or termination of this agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws . Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 19 233
Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)
17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver . In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law . California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
20 234
Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)
24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re- commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
21 235
Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)
29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not C ontrolling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the p arties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
22 236
Attachment A
23 (Rev. 07.12.22)
EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General . The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 W
here any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in t he Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other 237
Attachment A
24 (Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 C
ontractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certificati on, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If
Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1 .1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed 238
Attachment A
25 (Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 C
ontractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.
7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
239
Attachment A
26 (Rev. 07.12.22)
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities. 240
Attachment A
27 (Rev. 10.30.18)
EXHIBIT E
COMPENSATION SCHEDULE
The Co
ntractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $10,390,980 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items : Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reim bursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such as a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary , and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
241
Attachment A
28 (Rev. 10.30.18)
1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed 0 %.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this A
greement.
Hourly Billable Rate Schedule
4. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton Police Department
Attention: Jeanetta McDonald, Fiscal Affairs
22 E. Weber Ave., 4th floor
Stockton, CA 95202
242
Attachment A
29 City Hall
EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as follows:
1.1 PROJECT SC HEDULE
Location/Description of
The City reserves the right to adjust schedule (increase or decrease hours) for any location or to add or subtract locations based on operational need and/or budgetary resources.
Services Post Type Days Times Weekly Hours Annual Hours Lobby - 425 N. El D
orado
Cesa
r Chavez Library (2
guards each day)
Fa
ir Oaks Library
libraries, and pools Alarm Response Any Any Avg 82
Pix
ie Woods-312
1 Monte
Diabl
o Ave. Alarm Response Any Any 200
82 605 N. El D
orado St. Fixed Mon./Tue./Thu. 1000-2000 60 3
,120
Wed. 1
300-2000 14 728
Fri. 1
000-1700 14 728
Sat
. 1000-1700 14 728
5,3
04 2 random patrols during
8 hr shif
t Vehicle patrol Sun.-Sat
. 2200-0600 14 728
116 6,0
32 237
0 E. Main St. Fixed Mon. & Tue. 1000-1800 16 832
Wed. 1
300-1800 5 260
Thu. 1
000-2000 10 520
Street Fixed Mon.- Alt. Fri. 0730-1730 112.5 5,491
Basement Fixed Mon.- Alt. Fri. 0545-2030 141.75 7,371
Civic Center Parking Lot Bicycle Mon.- Alt. F ri. 0545-2030 70.87 5 3,686 Council Meetings- 1.5
g
uards; dates and times
will vary (35 weeks per
yr. estimated) Fixed Tue. 1200-2000 8 280
Fixed Tue. 1600-2030 2.25 79
333.125 16,907
16,907
Stewart Eberhardt
Building (Police
Headquarters)
Lobby - 22 E. Web er Ave. Fixed Mon.- Alt. Fri. 0730-1730 50 2,600 2,600
2,600
Permit Center
Lobby - 345 N. El Do rado Fixed Mon.- Alt. Fri. 0800-1600 36 1,872 1,872
1,872
Alarm Response
Various City buildings,
community and
recreation centers,
243
Attachment A
30 Fri. 1000-1700 7 364
Sat. 1200-1700 5 260
Margaret Troke Library
43 2,236
502 W. Ben Holt Dr. Fixed Mon./Tue./Thu. 1000-2000 30 1,560 Wed. 1300-2000 7 364
Fri. 1000-1700 7 364
Sat. 1000-1700 7 364
2,652
2 random patrols during
*S
eifert Community
Center
NOTE: Day Camp Weeks (15 weeks per year)
Fix
ed Mon.-Thu. 0
730-200
0 50 750
Fr
i. 0730-190
0 11.5 173
3,
337
128 W. Benjamin Holt Dr Fixed Mo n.-Thu. 150 0-200 0 20 740 Fri. 1500-1900 4 148
Sat. 0900-1700 8 416
NOTE: Day Camp Weeks (15 weeks per year)
Fix
ed Mon.-Thu. 0
730-200
0 50 750
Fr
i. 0730-190
0 11.5 173
2,
227
*Oak Park Senior Center
8 hr shift Vehicle patrol Sun.-Sat. 2200-0600 14 728
Maya Angelou Library
65 3,380
2324 Pock Ln. Fixed Mon. 1000-2000 10 520
Tue. & Thu. 1000-1800 16 832
Wed. 1300-1800 5 260
Fri. 1000-1700 7 364
Sat. 1200-1700 5 260
43 2,236
Tracy Library
20 E. Eaton Ave., Tracy Fixed Mon. & Thu. 1500-2000 10 520 Tue. 1100-1900 8 416
Wed. 1300-1800 5 260
Fri. 1100-1700 6 312
Sat. 1000-1700 7 364
Sun. 1200-1700 5 260
Manteca Library
41 2,132
320 W. Center St.,
Manteca Fixed Mon. 120 0-200 0 8 416
Tue. & Thu. 1000-1800 16 832
Wed. 1300-1800 5 260
Fri. & Sat. 1000-1700 14 728
Sun. 1200-1700 5 260
48 2,496
Ripon Library
333 W. Main St., Ripon Fixed Mon. 1300-2000 7 364
Tue. & Thu. 1200-1800 12 624
Wed. 1300-1800 5 260
Fri. 1200-1700 5 260
30 1,508
*Arnold Rue Community
Center
5758 Lorraine Ave. Fixed Mon.-Thu. 0900-2000 44 1,628
Fri. 0900-1900 10 370
Sat. 0900-1700 8 416
244
Attachment A
31 *Stribley Community
Center
*Va
n Buskirk Community
Center
73 0 E. Fulton St. Fixed Mon.-Fr
i. 0800-170
0 45 2,340
2,
340
1760 E. Sonora St. Fixed Mon.-Thu. 0 900-200 0 44 1,628 Fr
i. 0900-190
0 10 370
Sa
t. 0900-170
0 8 416
NOT
E: Day Camp Weeks (15 weeks per year)
Fix
ed Mon.-Thu. 0
730-200
0 50 750
Fr
i. 0730-190
0 11.5 173
3,
337
73 4 Houston Ave. Fixed Mon.-Thu. 0
900-200
0 44 1,628
Fr
i. 0900-190
0 10 370
Sa
t. 0900-170
0 8 416
NOT
E: Day Camp Weeks (15 weeks per year)
Fixed Mon.-Thu. 0730-2000 50 750
Fri. 0730-1900 11.5 173
3,337
*Brooking Park Pool Memorial Day - La bor Day
4505 Nugget Ave., 95207 Fri. 1600-2000 4 56
Sat. -Sun. 1300-1930 13 195
251
*Holiday Park Pool
5710 Kermit Ln., 95207
Memorial Day - La bor Day
Tues. & Thurs.
1400-1700 6 168
Wed. & Fri. 1400-2000 12 168
Sat. & Sun. 1300-2000 14 210
546
*Oak Park Pool
3754 Alvarado Ave.,
Memorial Day - La bor Day
95202 Tues. & Thurs. 1400-1700 6 84
Wed. & Fri. 1400-2000 12 168
Sat. & Sun. 1300-2000 14 210
462
*Sousa Park Pool
2900 Yellowstone Ave.,
Memorial Day - La bor Day
95205 Tues. & Thurs. 1400-1700 6 84
Wed. & Fri. 1400-2000 12 168
Sat. & Sun. 1300-2000 14 210
*Louis Park Softball
462
Complex Fixed March - October (35 Weeks ; 2 Guards)
3121 Monte Diablo Ave Mon. - Fri. 1700-2200 50 1,750
*Stockton Soccer
1,750
Complex March - Octob er; varied weekends
10 055 CA-99
, Stockton,
CA 95212 S
aturdays 700-190
0 12 240
Sunda
ys 700-190
0 12 240
480
*Northeast
Library/Community
Cen
ter Fixed Mon.-Thu. 0
900-200
0 44 1,628
14 61 Morada Lane Fri. 0900-190
0 10 370
Sa
t. 0900-170
0 8 416
245
Attachment A
32 NOTE: Day Camp Weeks (15 weeks per year)
Fixed Mon.-Thu. 0730-2000 50 750
Fri. 0730-1900 11.5 172.5
3,337
41,966
Pixie Woods
3121 Monte Diablo Ave. Fixed May- Oct.
Thu.-Sun. 6.5 507
Operation days will vary
from month to month
507
Municipal Utilities Plant
2500 Navy Dr. Fixed/Vehicle Sun.-Sat. 24 hrs 336 17,304 Holidays est. 7 48 168
Delta Water Supply Plant
vehicle charge 12
(as needed)
Holidays
Waterfield Office West
Lane (as needed) 1800-0600 500
Holidays est. 7
17,984
Municipal Service Center
(Corporation Yard)
1465 S. Lincoln St. Fixed Sun.-Sat. 24 hrs 168 8,568
Holidays est. 7 24 168
Van Buskirk Golf Course Random Patrol Mon.-Sun. 7 364
364
192 9,464
91,299
246
City of Stockton
Legislation Text
File #: 23-0543, Version: 1
APPROVE RESOLUTION OVERRULING PROTESTS, CONFIRMING ASSESSMENT OF
DELINQUENT CODE ENFORCEMENT CHARGES, AND DIRECTING THE ASSESSMENTS BE PLACED ON THE SAN JOAQUIN COUNTY TAX ASSESSOR’S ROLL
RECOMMENDATION
It is recommended that the City Council approve a resolution:
1. Overruling protests and confirming the assessment of the delinquent charges listed in the “2023 NSS Assessment List - Delinquent Accounts” stemming from code enforcement actions against the affected properties; and
2. Directing the assessments be placed on the San Joaquin County Tax Assessor’s Roll.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Summary
The Police Department’s Neighborhood Services Section (NSS) is tasked with enforcing health and safety codes on properties throughout the City. When Stockton Municipal Code (SMC) violations are found, the responsible party (the property owner or sometimes the tenant) is given an opportunity to correct the violation through various notices issued by the City. While some violations are minor, such as excessive garbage in the front yard, others are much more serious and present an immediate health and safety risk if left unaddressed, such as piles of garbage, junk, and debris; loose electrical wiring; or inoperable plumbing in an occupied structure. In addition to enforcement of the SMC, the NSS also administers programs such as hotel/motel permits, vacant property monitoring, and rental property inspections.
To recover City costs, in April of each year, the NSS begins a process to place all delinquent amounts over 30 days past due on the tax bill for the affected property. This process includes written notification mailed to the property owner of record and an opportunity to appeal placement of the charge on the tax bill before an Administrative Hearing Officer. Once confirmed by the Administrative Hearing Officer, the matter is heard by City Council for confirmation of the proposed assessment amounts and request to forward the assessments to the San Joaquin County Assessor for direct placement on the property tax roll for 2023.
As of June 29, 2023, there are approximately $1,128,172.18 in delinquent unpaid code enforcement charges which are therefore eligible to be placed on the tax roll. The opportunity to appeal charges being placed on the property tax roll concluded on May 11, 2023.
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File #: 23-0543, Version: 1
DISCUSSION
Background
In 1996, amendments to the SMC became effective, providing for the issuance of administrative citations for municipal code violations and requiring property owners to reimburse the City for costs of code enforcement actions. An administrative hearing process was also established to provide due process to the affected property owners and to hear objections to the charges and confirm the costs of the applicable abatement actions taken by the City. In each enforcement matter, the NSS uses a progressive compliance model and a variety of tools to resolve the violations, including the imposition of fees and fines. In cases where the responsible property owners do not fix violations in a timely manner, the City may make the determination that it must move forward to abate the violations using a variety of mechanisms to protect the health, safety, and welfare of the public. In such instances, the City exercises its authority provided under the SMC and incurs the cost to abate the outstanding health and safety code violations and passes on those costs to the property owner (hereinafter “code enforcement charges”).
Although fees and fines are billed on a regular basis, many accounts fall delinquent. To recover City costs, in April of each year, the NSS begins a process to place all delinquent code enforcement charges over 30 days past due on the tax bill for the affected property. This process includes written notification mailed to the property owner of record and an opportunity to appeal placement of the charge on the tax bill at an administrative hearing. At the conclusion of the administrative hearing, if the Administrative Hearing Officer finds for the City, an order is issued directing the delinquent code enforcement charges be submitted to the San Joaquin County Tax Assessor for property tax assessment against the affected properties. The City Council is then asked to confirm the proposed assessment amounts and direct the assessments to the San Joaquin County Assessor for placement on the property tax roll for the upcoming year.
Routine collection efforts, including code enforcement assessments against the affected properties, remain in place until all amounts owed to the City are paid. In instances where the property is refinanced or sold, the City will collect all monies due, including penalties and interest, through the sale or refinancing process. The code enforcement assessment carries the same priority as tax assessments and is paid on the property sale, foreclosure, or transfer of ownership. Actual amounts recommended for placement on the tax roll vary from year to year.
Present Situation
On April 14, 2023, 487 property owners owing delinquent code enforcement charges were notified via certified mail of the City’s intention to collect said charges via property tax assessment. The letter indicated that failure to pay all delinquent code enforcement charges owed by the date provided would result in those charges being submitted to City Council for approval and forwarded to the San Joaquin County Assessor for placement on the property tax rolls. The letter also advised the property owner of the scheduled administrative assessment hearing, which was held on May 10, 2023, and May 11, 2023, at which time the property owner was given the opportunity to appear before the Administrative Hearing Officer to contest the proposed charges and placement of the charges on the tax bill. Approximately 56 accounts were brought current between the initial notice of proposed assessment and the Administrative Hearing.
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File #: 23-0543, Version: 1
During this hearing, the Administrative Hearing Officer has the opportunity to review the City’s code enforcement costs, including delinquent charges, hear any objections to the amount and appropriateness of the charges and the City’s proposed action to place those amounts on the tax roll.
This Administrative Hearing is not an opportunity for the property owner to contest the underlying charges billed. That opportunity occurs during actual enforcement as specific actions are taken, and the SMC provides for an appeal process for those charges at the time those actions are taken. A total of two property owners appeared at the Administrative Hearing. At the conclusion of the hearing, the Administrative Hearing Officer issued an Administrative Order confirming the placement of costs on the tax roll. Attachment A is a copy of that Administrative Order and includes the final number of properties confirmed for assessment to the tax roll by the Administrative Hearing Officer at 426.
As of June 29, 2023, there was approximately $1,128,172.18 in delinquent code enforcement charges and interest penalties that were unpaid resulting from City code enforcement actions in Fiscal Year 2022-23. Ideally, the City will receive these funds from the County as property taxes are paid in Fiscal Year 2023-24; however, many property owners do not pay their property taxes timely, resulting in a delay of the City’s receipt of these funds. On average, the City receives 45% of the assessed delinquencies in the first fiscal year following the placement of the assessment.
The Administrative Services Department will compile delinquent charges from the appropriate City Departments and send one file to the County for processing. Once the delinquent code enforcement charges are confirmed, the list will be forwarded to Administrative Services staff to complete the processing and meet the County deadline of August 10, 2023, for receipt of this information.
FINANCIAL SUMMARY
There are approximately $1,128,172.18 in delinquent code enforcement charges and interest.
Although the County places 100% of the amount of the assessments on the tax rolls, it is anticipated that only $507,000 will be received during Fiscal Year 2023-2024. That amount has been budgeted in the adopted Fiscal Year 2023-24 General Fund Police Department Neighborhood Services Section Revenue Accounts. The remaining charges that are not paid on time will remain on the property tax bill until paid, generally, once the property changes hands or is refinanced.
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ALL DECISIONS SHALL BE FINAL
HEARING DATE:
May 10 and 11, 2023
HEARING TIME:
9:00am
BLANKET ADMINISTRATIVE ORDER Case/AR #:
See Attached
Roster
HEARING OFFICER: Edith M. Awuah PROPERTY ADDRESS: See attached roster RESPONSIBLE PERSON/APPELLANT : See attached Roster
CITY REPRESENTATIVE: Almarosa Vargas
SUBJECT OF APPEAL: 2023 Tax Assessment Open Hearing
DECISION:
The appellant having appeared or by absenc e, having waived his/her right to appear or having been represented by as he/she has authorized , on the above referenced date to protest the action taken:
The appeal is hereby granted based on the failure of the City to:
.
The appeal is hereby denied based on:
The charges are confirmed for payment or assessment to the property taxes. must be abated/corrected by
must be corrected by
Other
Hearing continued until
Additional Comments/Orders:
Customers on the attached roster were notified by certified mail of this hearing but did not attend same. The City of Stockton is hereby granted the ability to enforce its liens by adding delinquent amounts to the amounts to the property tax roll of the County of San Joaquin in respect of the listed properties. The City of Stockton is further granted the ability to seek reimbursement of all costs and expenses associated with the enforcement of same unless the affected parties arrange payment of delinquent amounts on or before June 29, 2023.
HEARING OFFICER:
DATE: May 15, 2023.
ATTACHAMENT A
250
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION OVERRULING PROTESTS, CONFIRMING ASSESSMENTS OF
DELINQUENT CODE ENFORCEMENT CHARGES , AND DIRECTING THE
ASSESSMENTS BE PLACED ON THE SAN JOAQUIN COUNTY TAX ROLL
Chapter 1.24 of the Stockton Municipal Code (SMC) provides for the assessment of unpaid costs, fees, fines, and /or penalties that have become delinquent due to code enforcement activities, and that these assessments be placed on the secured property tax roll for each of the affected properties; and
A hearing was held on May 10, 2023, and May 11, 2023, at 9:00 a.m., in the City Council Chambers at City Hall, wherein all objections to property tax assessments for code enforcement charges were overruled by the Administrative Hearing Officer; and
All rights of appeal afforded by the SMC have expired or have been exercised; and
The “2023 NSS Assessment List – Delinquent Accounts,” attached as Exhibit 1 , incorporated by this reference , represents assessments against the property owners, trustees, or administrators of the noted properties for reimbursement of code enforcement charges including costs, fees, fines, and/or penalties that have become delinquent; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. All protests and/or objectio ns to the charges listed in the “ 2023 NSS Assessment List – Delinquent Accounts” are hereby overruled.
2. The “2023 NSS Assessment List – Delinquent Accounts ” is hereby confirmed.
3. The City Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Director of Administrative Services of the City of Stockton, who is hereby authorized to and shall cause the amount of the assessments to be added to the next regular bill of taxes levied against said properties for municipal purposes, which said amounts shall be collected at the time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure s under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.
//
//
//
251
4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED July 11, 2023 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
252
2023 NSS ASSESSMENT LIST ‐ DELINQUENT ACCOUNTS
PAST DUE
$1,128,172.18
20994 $1,914.00 COWINGS, VERDELL 165‐130‐35 306 W SIXTH ST 21633 $4,593.60 LOPEZ, SOCORRO O 155‐460‐35 806 S FILBERT ST 25775 $9,834.26 SABIN, DON 137‐140‐33 922 N MONROE ST 28170 $1,446.64 EDGE, JOHN DOUGLAS 141‐130‐21 2211 E FREMONT ST 28219 $11,830.58 GRUPE DEV CO ATTN NELSON BAHLER 112‐170‐07 1 *UNASSIGNED 28220 $16,259.58 GRUPE DEV CO ATTN NELSON BAHLER 112‐020‐39 1 *UNASSIGNED 28314 $1,225.32 SHELAN, RONALD S & L F 151‐340‐16 1149 E CLAY ST 29879 $1,533.24 MUTHANA ETAL, AREF MOHAMED 167‐122‐10 1749 S CALIFORNIA ST 30638 $3,473.93 BILYEU, ANN L 081‐347‐01 6203 ALTURAS AV 33611 $2,807.94 BAGSBY, BOBBIE J 169‐260‐15 2337 S SACRAMENTO ST 34813 $689.95 CENTENO, ELIAS S 147‐203‐07 1125 S SUTTER ST 34926 $921.30 PRT CORP 139‐174‐02 410 E FLORA ST
36191 $952.14 MCCLAIN, THOMAS R 171‐110‐09 1933 POCK LN 36764 $953.40 DOMINGUEZ SR ESTATE, RALPH 157‐030‐07 2735 E LAFAYETTE ST 37871 $601.91 ALAVIZOS, CHRISTOPHER & GLADIC 088‐ 270‐18 9127 FITZPATRICK CI 38157 $2,526.81 GERBER, THOMAS 139‐173‐12 820 N SUTTER ST 38479 $795.06 CARBONELL, LEROY 139‐172‐02 322 E FLORA ST 39535 $2,655.81 JIMENEZ, ALFONSO 088‐270‐08 9175 FITZPATRICK CI 40304 $8,210.27 LEE ETAL, HELEN 137‐093‐10 529 W WILLOW ST 41843 $542.81 FLOCK, TERI ANN 075‐170‐25 8445 BURNS PL 43647 $759.64 ABED, YAMIL & SANDRA 082‐080‐43 3114 VALLEY FORGE DR 43856 $527.00 SMITH, KEITH 137‐140‐22 930 N MONROE ST 44711 $1,457.10 UNG, JAMES & SUSANA 104‐260 ‐04 4453 COTTON CT 45083 $2,166.00 JOHNSON, BOBBETTE D 111‐310‐11 1800 RIVER DR 45979 $2,255.82 BARNETT, A J & E 157‐101‐21 2809 E ANDERSON ST 46181 $1,629.22 MULHOLLAND TR, DANIEL 167‐096‐05 527 SPRUCE ST 47626 $764.10 VAN DE POL, HENDRIK & NELLEN 081‐430‐03 720 E SWAIN RD 47710 $743.76 FISK EST, DOROTHY M 155‐330‐10 2280 E HAZELTON AV 50552 $176.64 BADIE, BAHRAM 081‐390‐04 118 E SWAIN RD 51244 $523.47 GIANNINI TR, RICHARD R 077‐060 ‐16 2520 BUTTONWILLOW AV 52112 $448.62 MCCLOSKEY TR, MARK LAUSEN 081‐210‐01 6815 ROSARIO DR 52684 $11,359.69 UONG, MARIE 163‐220‐27 1725 S STOCKTON ST 53083 $532.27 TOY TR, JANA 102‐080‐19 702 E YORKSHIRE DR 53470 $846.20 WANG ETAL, JOHN F JR 108‐070‐18 1534 SILVER CREEK CI 53831 $520.54 KAMALI, AZIZ 112‐300‐44 3591 QUAIL LAKES DR 54036 $1,490.46 ARAYA ETAL, MIGUEL & BARBARA 081‐346‐20 101 GLENDORA AV AR # CUSTOMER
NAME LOCATIONPARCEL #
PAGE 1 of 12
EXHIBIT 1
253
2023 NSS ASSESSMENT LIST ‐ DELINQUENT ACCOUNTS
PAST DUE
$1,128,172.18 AR # CUSTOMER NAME LOCATIONPARCEL #
54154 $527.00 BRAZZEL, STANLEY J & DEBORAH L 125‐200‐34 210 E ELLIS ST 54921 $313.14 TIEDJE, JOSEPH D 097‐760‐10 1606 PORTER WAY 55038 $1,584.32 CIENFUEGOS, OLIVO & NATIVIDAD 177‐300‐27 3423 S B ST 55653 $157.29 JOHNSON JR ETAL, MICHAEL D C/O AISHA N JOHNSON 153‐104‐34 2162 E WASHINGTON ST 56323 $12,065.04 ESPANA, JOSEPH & MARTHA 137‐122‐08 1107 N COMMERCE ST 57017 $4,565.94 HARRISON, WILLIE LEE ETAL 165‐060‐39 286 W THIRD ST 57829 $331.56 PACIFIC
EXPRESS INN, LLC c/o PACIFIC MOTEL 117‐210‐04 1735 N WILSON WY 58223 $232.00 ZACHARIAH, CHEMANOOR & B 111‐280‐21 1944 DEL RIO DR 58409 $3,202.31 EDWARD A BENT FAMILY LP 116‐210‐07 4973 MOSS CREEK CI 60091 $381.48 HAYES, JAMES & NISALDA 139‐174‐12 728 N SUTTER ST 62296 $616.69 WOLFF JEFFREY N & DORITA B TR 081‐411‐14 6 W LONGVIEW AV 63425 $921.75 MONROE, LARRY ALLEN & TAMMY 135‐ 430‐18 620 N YOSEMITE ST 63579 $36,118.18 JOHNSON, LAURA O C/O CHESTER L HURST 117‐235‐11 1251 HIAWATHA AV 63977 $527.00 THOMPSON EST, PAUL F & ANN 079‐051‐01 526 W MORADA LN 67053 $11,413.11 EDDWARD A BENT FAMILY LP 164‐180‐23 1208 LLOYD THAYER CI 72130 $11,652.58 GIACOMA, CARMELLA MARY 155‐060‐17 1640 E HAZELTON AV 73194 $795.51 UONG, ANTHONY & HOP T 151‐093‐02 636 N AIRPORT WY 73234 $4,727.65 SALINAS VALLEY CORP 177‐280 ‐33 4447 S AIRPORT WY 73945 $318.92 GIBSON, ROBERT 094‐240‐22 7120 SHARKON LN 73953 $1,992.83 PUFNOCK, NICHOLAS 137‐164‐14 545 W PARK ST 74366 $19,076.00 1245 MINER PROPERTIES LLC / SURINDER P. & KARANTI SINGH 151 ‐160‐29 1248 E MINER AV 74451 $1,001.22 PAREDES ETAL, LILIA CAPURRO 151‐080‐53 1143 E OAK ST 76682 $3,147.07 REED, CHARLENE 088‐370‐04 8719 DEER CREEK CI 76900 $317.24 THOMPSON TR, A ANNE 072‐250‐26 9702 ENCHANTMENT LN 79759 $1,064.09 RUBINGER ETAL,
CHERYL 117‐235‐01 2004 E HARDING WY
80414 $1,089.61 UONG, ANTHONY & HOP 082‐310‐05 3014 W HAMMER LN 80426 $609.84 SCOTT ETAL, TANIA A 097‐310‐07 6102 MITCHLER AV 80505 $222.15 GIUFFRE FAMILY TRUST c/o MICHAEL G & CAROL MARIE GIUFFR 108‐260 ‐55 2227 LIDO CI 80945 $153.00 SPSSM INVESTMENTS‐VI, LP 139‐221‐04 625 E OAK ST 80979 $619.74 BOSSANA, EDGAR JOE & KARRY A 116‐100‐16 3662 WHISPERING CREEK CI 80994 $523.47 BATONGBACAL JR, LAMBERTO R 116‐630‐56 3821 CONDOR CT 81213 $401.94 HAHN TR, CLIFFORD C 110‐080‐24 4312 LORENZO LN 81224 $313.51 JOSE, ESTRELLA L 116‐620‐17 6350 PINE MEADOW CI 81374 $1,673.26 JENKINS, MELVA JEAN 075‐270‐01 2329 DARIO CI 81642 $2,229.43 UNG, SOK KIU 097‐510‐17 6290 PORTERFIELD CT 81709 $523.73 ADVANCE DEVELOPMENT CORP 139‐223‐03 639 N GRANT ST PAGE 2 of 12
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2023 NSS ASSESSMENT LIST ‐ DELINQUENT ACCOUNTS
PAST DUE
$1,128,172.18 AR # CUSTOMER NAME LOCATIONPARCEL #
82231 $809.54 WALKER, MALIK EL SHABA 147‐096‐12 123 W JACKSON ST 82651 $914.62 BUNUG, JESSIE A 115‐280‐22 3832 N STANISLAUS ST 82854 $458.14 MARINI ETAL, JOSEPHINE C/O ANNETTE HOAG 153‐030‐26 1533 CHANNEL ST 83075 $2,498.43 DOUGLAS, AUDREY ETAL 133‐080‐03 2638 W ACACIA ST 83546 $553.35 UONG, MARIE R 088‐250‐19 820 ASTOR DR
84221 $2,456.13 LAVARIAS, RANDY 163‐120‐52 643 CHICAGO AV 84699 $365.46 TCWB INC 147‐095‐12 143 W JEFFERSON ST
84767 $354.00 LEE GENE H & JULIT 082‐ 070‐15 8441 KELLEY DR 85123 $1,141.56 TAM, GARY 126‐160‐34 3533 TOWNSHEND CIR 85219 $8,956.26 KARIM‐PANAHI, SASSAN 139‐166‐02 534 E OAK ST 86338 $527.00 PINEDA, FERNANDO 075‐390‐03 917 KATHERINE WY 86929 $5,729.61 LEWIS, JIMMIE LEE EST C/O ANDANIA LEWIS 155‐360‐34 2321 E CHURCH ST 87089 $2,106.25 SAC STK 2015 1 TRUST / CHIA CHIN CHOU 139‐172‐08 335 E PARK ST 87099 $2,555.56 SHARMA, RAJINDER K ETAL C/O ARUN K MOHINDRA 147‐215 ‐10 820 S SUTTER ST 87256 $1,398.49 BERKENBUSH, VIKTORIJA 133‐043‐11 2805 RAYMOND AV 87646 $703.08 DURAN, FELIPE & AURORA 155‐280‐02 2012 E HAZELTON AV 87872 $537.54 LOW, ALEX T 137‐211‐02 640 W PARK ST
88009 $1,298.37 ISABELA ETAL, AMY H 175‐140‐08 3677 MARY AV 88139 $158.76 DE SOUSA, JOSE A & MARIA A 115‐072‐01 248 W KNOLES WY 88179 $209.66 HULING, ELIZABETH 081‐226‐15 408 E LORETTA AV 88670 $354.00 GROUP III SGV PROPERTIES LTD 167‐ 160‐02 1419 S STANISLAUS ST 88888 $316.05 JVN PROPERTIES LLC C/O NICANDRA FERREIRA 139‐161‐02 635 N SUTTER ST 88941 $385.22 HAFIZAHMAD, PASSEFUN NISHA 145‐240‐15 420 S ARGONAUT ST 89206 $377.86 COLEMAN, CHARLES SR & M 167‐082‐19 2234 S SUTTER ST 89268 $2,178.63 JVN PROPERTIES LLC C/O NICANDRA FERREIRA 155‐330‐16 2245 E SCOTTS AV 89276 $745.23 FLORES, RAFAEL A & ANTHONY GRAHAM 165‐060‐25 333 W FOURTH ST 89433 $518.53 STRIKER
PROPERTIES LLC 112‐190‐08 4448 MALLARD CREEK CI
89627 $12,574.46 LONGS DRUG STORES LLC 081‐500‐18 7464 PACIFIC AV 89791 $2,260.21 JVN PROPERTIES LLC c/o NICANDRA FERREIRA 147‐214‐01 904 S SAN JOAQUIN ST 89908 $1,940.86 CHINAR INVESTMENTS LLC /SHAILESH PATEL & ALBINA SUHAIL 139‐180 ‐58 337 E POPLAR ST 89988 $3,152.33 BEAS, JOSE & MARIA 151‐060‐25 708 N UNION ST 90106 $3,853.23 OBASOHAN, JOHN & BELINDA 151‐340‐07 1141 E JACKSON ST 90216 $691.54 P R T CORP 139‐174‐01 406 E FLORA ST
90520 $19,199.34 VASQUEZ, PRIMO R & CHRISTINE 137‐110‐15 232 W VINE ST 90599 $881.00 COFFEY LEON 168‐070‐18 4015 MCDOUGALD BL 90614 $955.22 NUANCE INVESTMENT INC 164‐220‐09 3526 MANTHEY RD PAGE 3 of 12
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2023 NSS ASSESSMENT LIST ‐ DELINQUENT ACCOUNTS
PAST DUE
$1,128,172.18 AR # CUSTOMER NAME LOCATIONPARCEL #
90742 $386.64 KONG, KEANA J 111‐363‐21 1755 MICHIGAN AV 90921 $777.98 FERGUSON ETAL, TRACY 165‐170‐08 473 W SEVENTH ST 90956 $163.24 JVN PROPERTIES LLC C/O NICANDRA FERREIRA 147‐320‐04 822 E ANDERSON ST 90998 $461.16 UNG, HOT CHIA 097‐510‐16 6282 PORTERFIELD CT 91235 $154.53 WAHEED MOHAMMAD & WAHEED GULSH 102‐080‐02 5520 HOLIDAY DR 91357 $537.54 MANOHARAN, ARAVIND 135‐221‐11 1101 N ARGONAUT ST 91485 $606.21 MARTINEZ, CARLOS 081‐324‐03 6023 GLENBROOK LN 91495 $194.86 LOGAN PROPERTY INVESTMENTS 104‐390 ‐12 1146 S DUVALL CT 91672 $5,392.04 LOS JALISCIENSES INC 173‐060‐37 2148 E MARIPOSA RD 91688 $608.11 PUTNAM, JOYCE C TR 139‐052‐04 724 N CENTER ST 91694 $154.53 FORBES GERALD L & LIN 108‐170‐12 1467 SAN ROCCO CI 91770 $583.40 STEVENS, JEFF 098‐280‐09 6393 EMBARCADERO DR 91800 $2,759.95 THORNTON, CHRISTINA 135‐030‐55 1404 BUENA VISTA AV 91974 $619.74 MCCRADY, ADAM K & ANGEL 100‐380‐28 6082 CAROLINA CI 91989 $398.88 GLOVER, EDELL JR & LATONYA 081‐121 ‐02 731 ERMA AV 92047 $241.98 PENG, RAYMOND Y & JE 116‐380‐18 3326 AMBERFIELD CI 92073 $153.00 FERRANDO TR, SANDRA EDITH c/o CITIBANK TAX DEPT 108‐070‐51 5605 N PERSHING AV 92170 $371.70 STAS TRUST 097‐610‐35 6724 PLYMOUTH RD #47 92227 $786.94 THOMPSON TR, A ANNE 080‐080‐23 9206 DECATUR DR 92255 $241.98 GONZALES, KENNETH S 100‐370‐18 6029 CAROLINA CI 92285 $157.68 HERNANDEZ ETAL, LUIS E & MARIA 117‐260 ‐26 1605 REGAL W ST 92304 $681.00 PULIDO, ESTHER R 137‐310‐18 42 W SONORA ST 92326 $316.44 BROWN, MELVIN L 116‐430‐26 5526 VINTAGE CI 92334 $364.71 SILENT GROVE HOLDINGS LLC 100‐080‐02 3335 RIVERTON WY 92464 $944.51 BROWN TR, IRMA J 169‐203‐22 2045 SCRIBNER ST 92890 $313.51 SPAUGH TR, ROGER 112‐140‐08 5657 BRUSH CREEK DR 93147 $1,693.70 LI, BEN ZHAN 149‐091‐14 318 S SAN JOAQUIN ST 93152 $6,439.02 ESQUEDA, ANGELA TEJEDA EST 139‐020 ‐02 1418 N CENTER ST 93156 $886.93 MEHMOOD ETAL, QASIR 151‐150‐02 136 N AURORA ST 93306 $630.14 ALBIN, PATRICIA C 151‐042‐18 1211 E ACACIA ST 93317 $374.00 STOCKTON MERIDIAN POINTE LP C/O WINN RESIDENTIAL 088‐200 ‐25 838 KNICKERBOCKER DR 93575 $1,712.56 BUCKENHAM, MICHAEL T & S Y 139‐030‐07 1241 N EL DORADO ST 93667 $5,333.71 HARJIT, S GILL & KHURAM KHAN 169‐077‐01 2051 S AIRPORT WY 93882 $232.00 KRITZER, DENNIS M 133‐180 ‐11 1212 WILSHIRE AVE 93935 $1,107.68 MARTINEZ, SALVADOR BARRAGAN 157‐104‐08 859 S GOLDEN GATE AV 93999 $2,624.04 FARIAS, VANDALIVIA 137‐080‐02 320 W HARDING WY PAGE 4 of 12
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2023 NSS ASSESSMENT LIST ‐ DELINQUENT ACCOUNTS
PAST DUE
$1,128,172.18 AR # CUSTOMER NAME LOCATIONPARCEL #
94105 $602.72 NOORI, FARID 149‐070‐05 516 S EL DORADO ST 94114 $19,076.00 1245 MINER PROPERTIES LLC / SURINDER P. & KARANTI SINGH 151 ‐160‐70 1226 E MINER AV 94312 $755.37 WORKFORCE USA INC 164‐040‐17 2528 STERN PL 94355 $1,085.02 HOTAKI HIMAYATULLAH C/O SABER JAN OMAR 137‐213‐13 545 W OAK ST 94470 $232.00 CENTRAL VALLEY CAPITAL IV LP 133‐160‐03 2403 W HARDING WAY 94499 $3,934.83 DIXON, NATHANIEL & LARCENE 153‐102‐06 2060 E WASHINGTON ST 94500 $2,467.93 NUANCE INVESTMENT
INC 164‐220‐08 3550 MANTHEY RD
94879 $271.07 ELKO PROPERTY MANAGEMENT LLC / ALFREDO M NAVA 153 ‐260‐31 2364 E LINDSAY ST 94955 $497.22 OWP PHASE II LP 149‐170‐12 39 N CALIFORNIA ST 95023 $1,744.28 MARTINEZ, NANCY M 113‐260‐17 679 W SONOMA AV 95071 $903.32 CHAN, GARY A 125‐130‐20 65 E NOBLE ST
95115 $437.08 RIVERA, HECTOR JR 111‐381‐01 3232 GRANGE AV 95305 $1,156.65 RICHARDSON, DEREK A 081‐050‐29 233 GOYA DR 95385
$2,279.62 FLORES, RAFAEL A 139‐300‐10 821 E CHANNEL ST 95523 $34,521.66 CASTLEMAN, THOMAS 143‐460‐15 841 N GOLDEN GATE AV 95559 $354.00 FOUR RIVERS FINANCIAL LLC 151‐273‐07 1340 E LAFAYETTE ST 95593 $4,060.65 SAED, NIJEM 121‐050‐12 2726 WISCONSIN AV 95625 $6,717.40 ALMA PIEDRA & JAVIER CHAVEZ 155‐110‐02 1022 S WILSON WY 95951 $11,400.80 AKSAR, ALI 137‐201‐07 300 W PARK ST
96180 $542.81 GUZMAN, JOEL O 137‐190‐16 46 W PARK ST F 96250 $800.87 LOPEZ, SEAN M 075‐270 ‐37 2332 DARIO CI 96696 $542.81 KHAN, SHAFQAT & NAJMAN 079‐070‐17 718 YERBA BUENA AVE 96807 $37,299.00 BARAJAS, JOSE M & LUCILA MELGOZA 137‐213‐07 621 N LINCOLN ST 96829 $657.64 SANTANA‐FREEMAN, EDELMIRA 081‐083‐01 103 CORDOVA LN 96840 $154.53 GOLDEN OPPORTUNITY INVS LP 081‐280‐02 302 W BENJAMIN HOLT DR 96890 $527.00 SAI SADAN LLC ETAL 079‐460‐02 811 DUNDEE WY 96905 $317.52 RANGEL, JEANETTE A 135‐030‐41 1602 W HARDING WY 96970 $2,566.89 MCCORMICK & BAXTER CREOS CO 145‐190‐11 1 UNASSIGNED 96972 $8,548.05 MCCORMICK & BAXTER CREOS CO 145‐200‐01 1214 W WASHINGTON ST 96973 $6,758.81 MCCORMICK, BAXTER CREOS CO 145‐200‐14 1415 W WASHINGTON ST 97014 $1,591.07 LUGHMANI, MOHAMMAD A 090‐320‐05 7934 MONTAUBAN AV 97110 $5,110.57 LOWE JACKSON M 130‐070‐14 3058 HORSETAIL DR 97520 $232.00 FENG RICHARD & PATT 111‐440‐33 1615 FOG BANK DR 97610 $654.00 YIP, YING C 139‐ 172‐12 722 N SAN JOAQUIN ST 97820 $16,444.53 REYNOSO, ANTHONY X V 167‐131‐06 1615 S SUTTER ST 97839 $318.99 VALLEJO, EUGENIO REYNOSO 167‐111‐07 1845 S CALIFORNIA ST PAGE 5 of 12
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2023 NSS ASSESSMENT LIST ‐ DELINQUENT ACCOUNTS
PAST DUE
$1,128,172.18 AR # CUSTOMER NAME LOCATIONPARCEL #
97875 $3,885.76 HEARNS, ESSIE LEE 143‐452‐27 2918 ANITA ST 98006 $3,859.98 LOPEZ, MARIA L Y 075‐090‐23 2107 W HAMMER LN 98046 $3,832.78 VIERNES, LOUIE P 090‐170‐39 2417 ARDEN LN 98058 $8,690.89 BRAXTON EST, WINIFRED 171‐123‐01 2404 E SIXTH ST 98093 $158.62 SINGH TR, MAJOR / HARBANS KAUR 110‐230‐06 4633 PACIFIC AV 98129 $3,583.45 MARTIN HERNANDEZ / SECURITY EAT 320 INC. 169‐040‐22 1674 S UNION ST 98192 $2,552.54 ULLAH, QAISAR & KHAN, SARISH & HASSAAN SARFARZ KHAN 079‐450 ‐29 26 MARTINIQUE CT 98195 $2,284.52 SHERMAN, SCOTT 108‐110‐37 5917 FERN ST 98209 $392.76 PAYNE, ANTOINETTE 117‐170‐21 1835 WEST LN 98212 $3,545.51 BOBIAN, BRITTANY 147‐310‐05 820 E WORTH ST 98215 $4,554.99 BOBIAN, BRITTANY 147‐310‐03 904 S GRANT ST 98216 $232.66 ALL 4 ONE PROPERTY 147‐295‐18 930 S STANISLAUS ST 98219 $532.27 ARMAS, JAIME 147‐262‐02 1214 S SUTTER ST 98254 $4,320.60 TRAN, QUYEN D 122‐100‐53 3626 MASSINO CI 98265 $707.08 ROMERO ETAL, BENJAMIN MEJIA 167‐105 ‐12 2030 S SAN JOAQUIN ST 98365 $6,689.49 WATSON EST, PINK 169‐090‐01 1020 E NINTH ST 98378 $6,605.66 VLUGHT BARRY 139‐060‐28 540 N HUNTER ST 98508 $3,298.62 FERNANDES TR, NEUSA A 081‐123‐05 724 EDEN AV 98670 $479.22 LEMUS, JOSE ALFREDO RANGEL 169‐190‐06 1539 E SIXTH ST 98675 $1,089.00 CRISPIERI, CESAR 104‐300‐23 434 E BIANCHI RD 3 98715 $2,280.07 SOLAR INVESTMENTS LLC 117‐080‐07 1653 EL PINAL DR 98753 $2,573.10 AYA INVESTMENTS, LLC 171‐290 ‐02 2045 E MARIPOSA RD 98755 $893.08 ARMENTA ETAL, RITO J 147‐083‐15 249 W CLAY ST 98764 $345.10 SHAM TR, KA WAI 133‐240‐07 1302 HOLT ST 98893 $8,387.79 QUEST PROPERTY VENTURES LLC 112‐220‐52 2131 W MARCH LN 98971 $3,299.75 BAKER, TRAVON J 155‐100‐22 1704 MILTON ST 99031 $160.23 CORTES HERIBERTO 153‐232‐20 6 N F ST
99035 $527.00 TAYLOR KENTFIELD LEMA 177‐164‐19 3268 PHELPS ST 99117 $2,508.65 LAKE, ANNETTE L 135‐365‐04 720 W HARDING WY 99195 $474.32 MIRANDA, JUAN C B 147‐083‐14 237 W CLAY ST 99244 $1,248.13 FAIRWAY WEST CONDOMINIUM ASSOC 097‐610‐55 6724 PLYMOUTH RD 99264 $154.00 HOMELESS HABITAT INC 151‐205‐14 18 N PILGRIM ST 99270 $470.54 HOAG, LORING S & ANNETTE 153‐030‐25 1545 CHANNEL ST 99271 $2,781.47 GARCIA, RAFAEL 147‐170‐40 147 E DR MARTIN LUTHER KING BL 99523 $158.62 PARIPAR INVESTMENTS LLC 139‐040‐46 902 N HUNTER ST 99613 $1,822.80 CHAN, YAU‐GENE 151‐340‐19 1121 E CLAY ST PAGE 6 of 12
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2023 NSS ASSESSMENT LIST ‐ DELINQUENT ACCOUNTS
PAST DUE
$1,128,172.18 AR # CUSTOMER NAME LOCATIONPARCEL #
99632 $1,097.32 ZULETA, SONIA E & JEPTE 090‐190‐26 2314 HOLLYWOOD DR 99688 $211.46 CHAVEZ, RAUL 137‐096‐06 1335 N VAN BUREN ST 99702 $1,998.61 LA CASA DE ARANDA LLC c/o JOSE REFUGIO ROJAS 121‐120‐21 2404 GARDENA AV 99718 $714.23 CABRERA, CARMEN 102‐332‐13 302 W BIANCHI RD 99760 $157.29 FERREIRA, NICANDRA 139‐180‐02 1036 N SAN JOAQUIN ST 99782 $21,179.69 MAD LAD PRODUCTIONS LLC 149‐120‐10 119 S SUTTER ST 99840 $371.69 STEVENS KENNETHA LORAYNE 081‐331‐18 6142 N EL DORADO ST 99916 $211.46 HSWH LLC 139‐222‐02 610 E OAK ST
99947 $372.95 LY, HUNG & HUY 166‐240‐45 3498 BEN LN
99960 $2,063.88 VASQUEZ, CATALINA E 155‐270‐04 2186 E MARSH ST 99961 $9,735.61 KPA CALIFORNIA LLC 149‐180‐09 643 E MAIN ST 100072 $5,599.57 KUMAR, NALINI LATA 133‐280‐45 2009 W WILLOW ST 100106 $2,249.90 ESHPAL HOSPITALITY LLC 163‐230‐35 817 NAVY DR 100121 $27,970.61 MAYS, LEONARD R & V R 171‐273‐08 2446 E NINTH ST 100127
$4,003.56 GORU, VIJAY K 164‐390‐31 687 QUEENSLAND CI
100145 $1,370.00 GALASINAO, REX V & ANNALYN B 133‐330‐18 2041 MONTE DIABLO AV 100147 $845.69 RIOS, GUSTAVO 081‐050‐43 451 PRADY WY
100151 $1,550.77 HARRISON EST, WILLIE L 165‐074‐01 1810 S MONROE ST 100195 $558.62 HOUSE DEALERS LLC 157‐184‐02 500 S GARDEN AV 100227 $158.76 GONZALEZ, RAYMUNDO & SOLIRAY 149‐064‐04 128 E SONORA ST 100231 $1,781.63 MOOREHEAD, MATTHEW J 139‐223‐14 708 E PARK ST 100232
$211.46 VASSALLO, LOUIS G 104‐030‐22 1322 SAGE WOOD CT 100292 $1,042.06 ARIAS, ALVARO R 102‐080‐17 714 E YORKSHIRE DR 100296 $157.68 DUMAS, JOHN DAVID & MAXINE L DUMAS 102‐200‐72 5 W LANCASTER 100297 $19,516.51 REALTY INCOME PROPERTIES 1 ETA 112‐220‐10 2303 W MARCH LN 100317 $1,814.17 R AND D REALTY ACQUISITIONS LL 151‐240‐14 1123 E WASHINGTON ST 100322 $642.46 PRASAD, RAKSHNA D 080‐090‐41 9413 STANFIELD CT 100325 $19,083.15 SIMS MICHAEL LLC 139‐ 060‐01 640 N CENTER ST 100326 $946.95 GUPTA, PAULASTYA 113‐213‐13 601 S TUXEDO AV 100347 $2,229.22 TORLAI TR, ALISA BETTI 115‐251‐14 540 E CHURCHILL ST 100390 $1,291.80 NUANCE INVESTMENT INC 164‐220‐10 3538 MANTHEY RD 100391 $755.78 DE LA LUZ ETAL, PLACIDO GUZMAN 155‐360‐38 2302 E MAIN ST 100393 $211.46 DE LA LUZ ETAL, PLACIDO GUZMAN 155‐360‐37 2324 E MAIN ST 100396 $525.62 CRESPO, MARIBEL 112‐190‐30 4435 MALLARD CREEK CI 100405 $154.00 NGUYEN, MINH
CHAU VAN & ANNE TONNU 149‐065‐11 229 E SONORA ST
100416 $211.46 LEIVA, VADWIN 167‐150‐09 323 E FIRST ST PAGE 7 of 12
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2023 NSS ASSESSMENT LIST ‐ DELINQUENT ACCOUNTS
PAST DUE
$1,128,172.18 AR # CUSTOMER NAME LOCATIONPARCEL #
100417 $211.46 WARW STOCKTON LLC 167‐070‐16 552 E NINTH ST 100423 $8,158.89 KARIM‐PANAHI, SASSAN 151‐220‐02 920 E MARKET ST 100428 $2,738.32 MERCADO TR, JAVIER & MARIA 179‐520‐01 4590 QUANTAS LN A7 100435 $1,501.98 BORGERT, BRUCE A & GLADYS M 096‐220‐41 5536 GOVERNOR CI 100437 $5,131.96 LIAO, HUIMING 117‐090‐22 2065 WEST LN 100455 $5,600.73 ALANIZ, MANUEL 096‐130‐31 5781 CARRIBBEAN CI 100456 $158.62 GONZALEZ ELVIA 115‐370‐03 4132 ALVARADO AV 100460 $211.46 PHILLIPS, LOREDANA 164‐120‐13 1764 DECARLI ST 100468 $211.46 SCOTT, ANIECE 167‐240‐45 720 SYLVAN CT 100472 $27,841.68 MONTEZ ETAL, IRENE R 117‐233‐17 1601 SUNNYSIDE AV 100474 $527.90 TORRES, SILVESTRE C 115‐253‐06 450 E ATLEE ST 100479 $320.32 STRATEGIC ENTERPRISES INC 082‐130‐16 2504 ANTOINE CT 100480 $211.46 MARTINEZ, ARMANDO 139‐194‐08 1127 N CALIFORNIA ST 100487 $1,664.89 TABANGCURA, REMEDIOS R & DOMINGO T TABANGCURA 075 ‐250‐13 7926 COLONIAL DR 100497 $1,411.51 JAZULIN, STEPHEN & MELISSA M 135‐190 ‐06 1228 W WILLOW ST 100500 $1,487.00 MEHMOOD, QASIR 151‐032‐22 1132 N PILGRIM ST 100501 $527.00 THOMPSON, A ANNE 104‐210‐09 4504 BURNAM CI 100502 $789.02 LOGAN PROPERTY INVESTMENTS 137‐140‐45 930 N VAN BUREN ST 100513 $693.24 ROSS ETAL, NICOLE S 113‐070‐13 1112 MIDDLEFIELD AV 100514 $4,133.86 WESTLANE PROPERTIES LLC 088‐180‐15 8037 WEST LN 100520 $217.34 BRE DELTA INDUSTRIAL STOCKTON 179‐250‐33 3728 IMPERIAL WY 100524 $220.18 SINGH ETAL, INDERJEET 168‐180‐22 4756 E WS WOODS BL 100533 $1,319.00 CARVAJAL, DANIEL 155‐
390‐32 923 SEARCHLIGHT AV
100573 $218.16 DELGADILLO, MIGUEL G & MARIA D 090‐180‐22 8613 CHERBOURG WY 100576 $209.52 JIMENEZ ETAL, ALBERT 137‐214‐08 519 N LINCOLN ST 100579 $815.23 YU, DING C / DING C YU 082‐380‐37 3228 WARWICK CT 100588 $209.52 LBL L‐SUNCAL WESTON LLC 193‐040‐15 1 UNASSIGNED 100591 $2,435.80 JIMINEZ, MARGARITE J 163‐190‐08 1059 IRENE ST 100593 $1,001.56 GOLD SIERRA TRUST c/o PAUL RICHARDS 082‐ 100‐58 2931 MONTICELLO DR 100608 $1,153.02 PSG INVESTMENTS LLC A 139‐172‐05 729 N SUTTER ST 100644 $4,437.86 MOHMAND, HANAN & ZAMAN AYUBZAI 133‐230‐51 2103 MONTE DIABLO AV 100651 $209.52 PSG INVESTMENTS LLC 165‐170‐66 462 DELHI AV 100680 $455.04 RING, DENNIS L & NANCY 077‐200‐02 7731 ALEXANDRIA PL 100691 $580.74 FERNANDES, KENNETH R 098‐220‐16 3722 W BENJAMIN HOLT DR 4 100694 $424.52 TIEDTE, JOSEPH 098‐210‐09 3760 W BENJAMIN HOLT DR 100699 $1,586.19 FLORES, MICHAEL A 117‐242‐12 1933 BRADFORD ST PAGE 8 of 12
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2023 NSS ASSESSMENT LIST ‐ DELINQUENT ACCOUNTS
PAST DUE
$1,128,172.18 AR # CUSTOMER NAME LOCATIONPARCEL #
100717 $2,088.94 OROSCO, ANTONIO NABOR JR 147‐343‐03 720 E CLAY ST 100722 $918.11 CENTRAL VALLEY CAPITAL IV LP 111‐323‐19 1724 DEL RIO DR 100732 $857.71 ALLEN, JAMES & STELLA 165‐055‐21 357 W FIFTH ST 100738 $730.92 AVELLAN, ROBERT & YADIRA PACHECO 100‐300‐13 6016 HALLECK PL 100753 $527.00 CHEUNG, KWOK C & 139‐172‐03 330 E FLORA ST 100758 $456.75 GOLDEN OPPORTUNITY NO 14 LP 151‐160‐16 1129 CHANNEL ST 100768 $12,003.09 ABDO, ASEEL 088‐ 290‐01 8438 TAM O SHANTER DR 100772 $1,136.85 BARNES, BRIAN L 082‐090‐40 8475 YARMOUTH DR 100775 $755.37 MYERS, URSULA E 079‐450‐50 8537 SAN PASQUAL WY 100778 $1,775.63 CORNELIO, KARLA E ARROYO 139‐224‐05 728 E OAK ST 100779 $1,294.65 LIVINGSTON, CLYDE A 088‐360‐34 620 MISTY MEADOW ST 100781 $1,772.64 SHELLY, LAURA E 082‐060‐13 3441 WEST CREEK DR 100782 $1,589.39 SINGH TR, MAJOR / HARBANS KAUR 110‐230‐02 4653 PACIFIC AV 100791 $450.81 PHAN, ALEX
HUANPHONG 118‐450‐03 5956 ST ANDREWS DR
100794 $723.15 LIEN, LYNN C 082‐380‐23 3112 KELLEY CT 100796 $428.97 VITZ, GREGORY E & MICKL C 097‐610‐12 6724 PLYMOUTH RD #89 100801 $459.21 BILLAMAY, ERIC & PHOUTTHAKONE 116‐620‐53 6377 PINE MEADOW CI 100805 $2,393.73 WATSON EST, PINK 169‐100‐54 1110 E 10TH ST 100806 $547.80 MAYEDA, BARBARA 115‐158‐12 303 E EUCLID AV 100826 $914.15 PATLA, DHARMINDER K & SUSHMA 117‐ 400‐31 3636 GAMBEL OAK LN 100829 $2,500.75 HN FAMILY TRUST / HANNAH NGUYEN 088‐040‐05 9229 WEST LN 100830 $5,209.01 KAPALUA R/E INVS INC/SHAKIR S 096‐140‐68 5020 WEST LN 100834 $2,285.26 FRK4HOME INVESTMENTS LLC 167‐045‐05 1829 S SUTTER ST 100842 $5,170.09 SANTOS, ROY D 149‐190‐05 836 E WEBER 100846 $455.03 BARNEY, JAMES D & ERICA 100‐280‐21 6122 GRIGSBY PL 100847 $424.79 WARDA, ETAL TR, JOHN 112‐300‐12 3591 QUAIL LAKES DR #23 100856 $759.59 CALLEGRI,
MICHAEL A & CYNTHIA 090‐080‐05 2505 CLARIDGE LN
100857 $759.59 ALEJANDRE, ARTURO & JUANA LEDESMA 155‐270‐07 423 COURT ST 100862 $605.91 CENTRAL VALLEY CAPITAL IV 077‐260‐48 7412 LARKSPUR LN 100866 $759.59 DIAZ, AURELIO G & M 165‐092‐27 509 HOWARD ST 100869 $601.91 MAI, ALAN & LE, HIEN 088‐390‐01 9215 LITTLE CREEK CI 100877 $593.67 NGUYEN ETAL, TIN THI NGOC 088‐270‐17 9131 FITZPATRICK CI 100887
$531.71 WEI, YUN & LI 116‐390‐12 3238 AMBERFIELD CI
100890 $531.71 KIRK ETAL, KAROLYN 098‐200‐05 6612 EMBARCADERO DR #12 100891 $716.07 OBRIEN, LAWRENCE BENJAMIN III 081‐190‐28 116 MARILYN AV 100900 $523.47 KALIDASU, SAILAJA 118‐180‐05 4645 PEBBLE BEACH DR PAGE 9 of 12
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261
2023 NSS ASSESSMENT LIST ‐ DELINQUENT ACCOUNTS
PAST DUE
$1,128,172.18 AR # CUSTOMER NAME LOCATIONPARCEL #
100905 $2,883.03 CRUZ, GLADYS R SALVA 139‐250‐19 220 N CALIFORNIA ST 100906 $561.03 ROSAS, LETICIA 167‐044‐08 1937 S SAN JOAQUIN ST 100908 $1,079.49 MOLINA, BYRON 080‐330‐07 8735 MORENO CT 100913 $1,057.96 SINGH TR, MAJOR c/o HARBANS KAUR 110‐230‐05 4641 PACIFIC AV 100918 $1,578.32 TE REAL ESTATE GROUP LLC 149‐170‐20 531 E MAIN ST 100920 $823.96 FRK4HOME INVESTMENTS LLC 151‐251‐09 1345 E WASHINGTON ST 100927 $611.93 BRAR, HIND R & MARIA 102‐183‐13 11 W ROBINHOOD DR 100929
$766.32 CHEA, RATHA & NARATH 112‐020‐37 5732 BRUSH CREEK DR 100933 $520.54 WU, DAVID 108‐260‐29 2308 LIDO CT
100934 $8,746.60 WILMINGTON SVNGS FUND WV2017‐1 CARRINGTON MS/CODE ENFORCEMENT 102‐150‐37 236 WOODSTOCK DR
100992 $154.02 COBRA 28 NO 8 LP 112‐110‐10 2338 PHEASANT RUN CI 101004 $710.82 HAYTER, PAUL A 097‐300‐10 620 N PERSHING AV 101007 $600.15 FIELDS ETAL, RAYCHELLE 102‐080‐32 546 E ROBINHOOD DR 101009 $442.56 CHAN, ASHLEY 102‐
020‐28 615 E GARDNER LN
101011 $764.23 SUN, GANG K & LIU, JIHONG 108‐070‐36 1785 SILVER CREEK 101014 $3,173.87 GUMANGAN ETAL, MARY L 117‐232‐15 1740 SUNNYSIDE AV 101015 $10,558.50 GUMANGAN ETAL, MARY L 117‐232‐14 1736 SUNNYSIDE AV 101016 $2,590.48 RICHARDS NICOLE ETAL 102‐050‐30 5662 KERMIT LN 101028 $9,708.14 DEMIURGE INVESTMENTS LLC 125‐180‐01 3230 N EL DORADO ST 101032 $763.64 REACHIS FRANCISCO JAVIER AGUIL 079‐181‐24 221 SAN FERNANDO AV 101055 $597.93 FAGNANT ETAL, ALICE G 081‐070‐01 417 MURILLO DR 101067 $154.00 MASOOD, SADDAM & AISHA AHMED 155‐430‐42 2539 E MAIN ST 101091 $1,668.02 7600 BLDG B LLC 094‐030‐31 7707 WEST LN 101093 $597.93 MCCLOSKEY TR, MARK LAUSEN 081‐210‐05 6820 ROSARIO DR 101094 $601.46 DELCANTO LEONARDO A 151‐093‐09 621 N SIERRA NEVADA ST 101099 $523.02 BARUCH PROPERTY INVESTMENTS LL 108‐360‐08 5856 ALEXANDRIA PL 101106 $1,873.12 KENGAIAH, DHANANJAYA & SOMASHEKAR KARIGOW 110‐202 ‐03 4135 N PERSHING AV 101107 $771.80 HERNANDEZ, JUAN C O & LISSETT 082‐080‐42 3107 VALLEY FORGE DR 101108 $763.64 BENITEZ, WALTER HABIS 079‐460‐06 843 DUNDEE WY 101109 $809.54 GUTIERREZ, PEDRO F & ANGELICA / ALONSO GUTIERREZ 167‐183‐01 1410 S AURORA ST 101150 $758.37 SATH, MONYAN 088‐400‐19 9053 WARM SPRINGS CI 101152 $1,428.07 ROLDAN POUL ULISES RESENDIZ 097‐580‐07 6848 PLYMOUTH RD 101160 $583.92 CIFUENTES, DANIEL / MELISSA MEJIA 097‐610 ‐44 6724 PLYMOUTH RD #23 101180 $553.35 HUSS, AMANDA LEE 164‐130‐04 3361 WARMKE LN 101193 $4,117.48 MONTIJO, RODE E & JOSEF 167‐021‐02 48 E DR. MARTIN LUTHER KING PAGE 10 of 12
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262
2023 NSS ASSESSMENT LIST ‐ DELINQUENT ACCOUNTS
PAST DUE
$1,128,172.18 AR # CUSTOMER NAME LOCATIONPARCEL #
101199 $553.35 STEVENS, MIKE TERRY & ROCHELLE L CAMPBELL 139‐060‐37 531 N SAN JOAQUIN ST 101210 $319.28 FENNELLY, MICHAEL S 097‐620‐45 6724 PLYMOUTH RD #20 101211 $319.28 JIMENEZ, ANGELA C 112‐290‐25 5073 GADWELL CI 101212 $319.28 GONZALEZ, LUIS ALBERTO 081‐234‐03 6507 MAYWOOD LN 101229 $319.28 SYLVESTER, REGINALD & ENEIDY 110‐140‐09 4525 AUGUSTUS CT 101230 $319.28 PONCE PALOMA P 081‐345‐02 6018 BREA AVE 101261 $1,916.88 RODRIGUEZ, MARILYN 149‐083‐13 403 E HAZELTON AV 101262 $548.08 NEUMAN, CYNTHIA
MARIE 137‐214‐03 528 W OAK ST
101264 $546.55 STRATEGIC ENTERPRISES INC 072‐300‐39 1014 SUNNYOAK WY 101265 $352.56 ANKOMAHENE, PORTIA & MONICA 097‐510‐20 6324 PORTERFIELD CT 101291 $354.00 BLUE HORSE HOLDING LLC 141‐100‐26 1924 E PARK ST 101315 $542.81 DHOOT SARBJEET 068‐120‐31 3575 IGNACIO CI 101317 $1,547.08 GYLES GEORGE A JR 175‐140‐31 3616 HARVEY AV 101345 $542.81 GUZMAN, JOEL O 141‐112‐25 534 N LAUREL ST 101346 $542.81 GUZMAN, JOEL O & LILIAN B 151‐050 ‐09 905 N AIRPORT WY 101365 $537.54 VIGIL, RONALD & DIANE 137‐020‐27 1820 CONCORD AV 101367 $537.54 TLIMR LLC 094‐030‐45 7407 TAM O SHANTER DR 101368 $537.54 CLOYD, EDDY SHAWN 133‐044‐02 2884 RAYMOND AVE 101377 $654.00 SHEFA, MUKARAMA 118‐300‐58 4303 PINEHURST CI 101379 $537.54 JR & DK INVESTMENTS LLC 153‐105‐04 2169 E MAIN ST 101422 $537.54 ESQUIVEL, MARTA E A 157‐090‐17 502 BURKETT AVE 101423 $537.54 NORIEGA, JOSE & YOLANDA 169‐165 ‐09 1534 E SEVENTH ST 101425 $537.54 WILLIAMS, DONALD & DAWAYLA S 124‐070‐16 3425 PENELOPE DR 101431 $537.54 RUBALCAVA ETAL, RUBEN J 171‐121‐02 1822 NIGHTINGALE AVE 101432 $1,547.08 VEGA, RICARDO & JAQUELINE A RODRIGUEZ 139‐230‐02 414 E FREMONT ST 101458 $1,650.11 THE METRO LLC 139‐120‐16 347 E WEBER AVE 101487 $532.27 MACANAS, DOMINADOR N 133‐160‐11 1503 WILSHIRE AVE 101488 $687.81 CHAVIS, JOY CHRISTINE 141‐232‐08 2367 E OAK ST 101489
$532.27 SANEAUX, CARLOS A & MARTHA G MORILLO 137‐180‐29 739 N CENTER ST 101496 $532.27 SHAHID ETAL, ASMA CHAUDARY & HANTAMA HINA SHAHID 122‐130‐35 3812 JAGGER LN 101505 $309.54 GRIFFIN‐FOUNTAIN, NAENIA & ERIC FOUNTAIN 147‐140‐14 136 E WORTH ST 101506 $686.27 FIRST LIFE LLC 165‐074‐05 220 E FOURTH ST 101525 $156.88 FRONT LINE TEAM INC 137‐094‐05 1345 N LINCOLN ST 101537 $686.27 TSEHAI, BERHANE 115‐155‐11 215 E EUCLID AV 101539 $532.27 VALENCIA, SANTIAGO M & MARIA C V CABEZAS 096‐110‐19 5795 CARIBBEAN CI 101542 $1,318.07 STRATEGIC ENTERPRISES INC. 157‐104‐15 840 RENDON AV PAGE 11 of 12
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263
2023 NSS ASSESSMENT LIST ‐ DELINQUENT ACCOUNTS
PAST DUE
$1,128,172.18 AR # CUSTOMER NAME LOCATIONPARCEL #
101546 $6,871.21 SPECIALIZED LOAN SERVICING LLC 157‐122‐03 903 DAVID AVE 101548 $382.28 AGUILAR, JESUS C 081‐413‐08 20 W MAYFAIR AV 101553 $532.27 RIOS, ISMAEL NORIEGA 151‐130‐38 325 N SIERRA NEVADA ST 101558 $154.53 OSBORN, WYMAN & ANDREA 097‐630‐04 6629 PLYMOUTH RD 101574 $881.00 CABERTO, INEZ 165‐096‐10 314 KOLHER ST 101576 $2,564.47 DAVIS, DON & TONY HERMOSILLO 147‐091‐16 1028 S VAN BUREN ST 101670 $527.00 COTTERELL, WADE DIRK & CAROL JEAN ROGERS 155‐ 260‐03 2020 E MARSH ST 101672 $527.00 ACEVEDO, JOSEPH A 155‐040‐06 317 DELLA ST 101688 $527.00 KUMAR, AJAY 141‐100‐20 1932 E PARK ST
101690 $527.00 CHARLES, KENNETH D 110‐410‐15 1963 PONTELLI CT 101692 $153.00 PATEL, SHASHIKANT 108‐070‐45 1728 SILVER CREEK CI 101697 $527.00 KHAN, NAUSHEEN B 137‐170‐10 303 W FLORA ST 101699 $232.00 PALUMBO, KEVIN 123‐051‐15 2210 DELAWARE AV 101728 $1,496.82 THE THOMAS HEFFERNAN TRUST & MAKSIM YURTSAN ‐ TRUSTEE 149‐170‐11 434 E WEBER AVEEE 101730 $1,398.95 FLING, TYLER 137‐096‐13 445 W VINE ST 101739 $374.00 CURIEL, JUAN BAUTISTA SANDOVAL 163‐120‐40 757 COLORADO AV 101744 $1,227.50 THOMPSON TR, A ANNE 113‐203‐06 2209 DWIGHT WY 101752 $232.00 SIU, ANTHONY H 111‐420‐24 1518 CHRISTINA AV 101754 $232.00 LENNEN, JERAME J 111‐362‐19 1739 W MONTEREY AVE 101767 $59,430.32 ZIADEH, HAMZA 147‐030‐21 515 W HAZELTON AV 101768 $17,527.78 BROWN, ERWIN 147‐294‐03 825 S GRANT ST 101769 $20,439.56 BROWN, ERWIN 147‐294‐02 817 S GRANT ST 101781 $2,578.75 CHUM, TABYTHA MAKAYLA KEOPHIMA 155‐230‐33 226 S A ST 101783 $123.18 RUBALCAVA, ALEJANDRO ROLDAN & MYRA VILLALOBOS MEDINA 166 ‐170‐38 3741 LADY JANE LN 101785 $32,011.82 CAF REO‐2 LLC 139‐051‐04 807 N EL DORADO ST 101787 $2,631.43 ALVAREZ, IRAIS 167‐134‐05 1607 S STANISLAUS ST 101790 $653.60 LAKEVIEW LOAN SERVICING LLC 088‐200‐18 835 CLINTON DR 101798 $211.46 CASCADE FUNDING MORTGAGE c/o TRUST HB4 079‐181‐34 8507 DON RAMON DR 101808 $200.53 OWP PHASE II LP. 149‐170‐30 430 E WEBER AVE 101810 $5,434.66 HOUSE DEALERS LLC 137‐190‐14 114 W PARK ST 101812 $374.00 US BANK NATL ASSOC. c/o MORTGAGE EQUITY ASSET TRUST 133‐160‐16 1426 WILSHIRE AVE PAGE 12 of 12
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City of Stockton
Legislation Text
File #: 23-0544, Version: 1
APPROVE MOTION TO EXECUTE A FIVE-YEAR MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF STOCKTON AND THE COUNTY OF SAN JOAQUIN FOR THE
PROVISION OF IMPOUND AND ANIMAL SHELTER SERVICES
RECOMMENDATION
It is recommended that City Council approve, by motion, the proposed Memorandum of Understanding between the City of Stockton and the County of San Joaquin for impound and animal shelter services for a five-year term expiring June 30, 2028, and authorize the City Manager to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.
Summary
The City of Stockton (City) has operated a joint animal pound (Shelter) with San Joaquin County (County) under a Memorandum of Understanding (MOU) dating back to 1981. In 2018, a new MOU was created to better reflect the actual services the City provides to the County and to change the way in which the City charges the County for those services. The new term of the MOU is five years, with options to renew in five-year term increments not to exceed twenty (20) years. The cost for providing impound and animal shelter services will continue to be a per animal fee and include provisions for recovering the actual cost for extraordinary circumstances which cause an undue burden on shelter staff.
DISCUSSION
Background
In 1981, the City entered into an Agreement with County for the Operation of a Joint City/County Pound Facility to allow for a more efficient and economical performance of common sheltering activities and to set forth a financing mechanism for capital improvements needed at the existing site, 1575 S. Lincoln Street. The Agreement was amended once, in 1991, to incorporate the County’s existing fee schedule; however, has not been amended since. The Agreement did not have an expiration date; however, did provide for a 365-day notice to terminate by either party.
The terms of the current Agreement were general in nature, and the City and County have worked cooperatively to improve services and meet the growing legal requirements for sheltering animals.
The Shelter has undergone significant operational improvements and efficiencies over the last several years by partnering with local partners to increase adoptions, rescues, and fostering. The annual live release rate was 82% in 2018-2019, 91% in 2020-2021, and 86% in 2022. Under the current Agreement, the County is charged a flat fee per animal up to 3,000 animals, and a higher flat fee for every additional animal above 3,000. With the expiration of the current agreement, and the City of Stockton Printed on 7/5/2023Page 1 of 2
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File #: 23-0544, Version: 1
significant increase in medical and food costs, the City has updated those flat fees for in the proposed MOU.
Present Situation
The proposed MOU continues the practice established in 2018 giving the City ownership of the animals once they have been received at the Shelter. A condition of this MOU is that the City’s fee schedule is the only fee schedule for all fees except county licenses. With the exorbitant inflation of recent years, the most significant change to this proposed MOU is that the rate per animal went from $395.04 to $493.05 and the fee per animal after the first 3,000 animals went from $638.14 to $656.50. Under the proposed MOU, the only fees not decided by the City are those for County licensing.
FINANCIAL SUMMARY
The new MOU proposes the rate at $493.05 per animal for up to 3,000 animals with an increased rate of $656.50 per animal for additional animals in excess of 3,000, which will be charged to the County quarterly. There is a provision for cost recovery on extraordinary events which cause an undue burden on Shelter staff, and there is a 5% fee increase for each year of the term. The anticipated annual revenue under this MOU for Fiscal Year 2023-24 is $1,331,235, based on the average number of County animals brought to the Shelter of 2,700.
The City will continue to issue County dog licenses and will transfer those revenues to the County on a quarterly basis. Under this Agreement, once the animal is received and there are no legal holds, it becomes a City animal, and the City receives all revenue associated with returning the animal to its owner or adopting it out.
Attachment A - MOU for the Provision of Impound and Animal Sheltering Services City of Stockton Printed on 7/5/2023Page 2 of 2
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON
AND THE COUNTY OF SAN JOAQUIN FOR THE PROVISION OF ANIMAL
SHELTER AND IMPOUND SERVICES
This M
emorandum of Unders tanding ( MOU) is made and entered into by and between the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California (COUNTY), and the C ITY OF STOCKTON, a municipal corporation ( CITY), as of . The County and the City are sometimes referred to herein individually as a " Party" or collectively as the "Parties." RECIT
ALS
WHE
REAS, the CITY and COUNTY have passed and are responsible for enforcing local ordinances governing the regulations, licensing, shelter and impounding of certain animals within their respective jurisdictions; and WHE
REAS, the CITY and COUNTY each possess the power to establish, operate and shelter animals within its respective jurisdiction; and WHE
REAS, the COUNTY does not have its own animal shelter facility to impound or provide shelter services for animals that are received by its Animal Services Division, surrendered by verified COUNTY residents or located within the unincorporated area of the COUNTY: and
WHE
REAS, the CITY owns and operates an animal shelter located at 1575 South Lincoln Street in Stockton (FACILITY) and is capable of providing specified animal shelter and impound services for the COUNTY, and has historically provided those services to COUNTY; and
WHERE
AS, COUNTY has determined that utilizing CITY’s existing animal shelter and impound and shelter services is the most cost-efficient way for the COUNTY to meet its obligations to provide animal shelter and impound services for its jurisdiction; and
WHE
REAS, the COUNTY desires to utilize the FACILITY and animal shelter services provided by the CITY for the impounding and care of animals delivered by the Animal Services Division of the COUNTY and also receive and impound animals as turned in by verified residents and/or located within the unincorporated areas of the COUNTY; and
WHE
REAS, CITY is willing and able to render animal shelter and impound
ATTACHMENT A
267
services to COUNTY on the terms and conditions hereinafter set forth.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE as follows:
1. TERM
A. Term. The term of this MOU shall commence on July 1, 2023, (“Effective Date”) and shall expire on June 30, 2028 (5 years).
B. Additional Terms. Upon conclusion of the Initial Term, th is MOU shall automatically renew for an additional five (5) year term; provided, however, that any Party to this MOU may withdraw at the end of the Initial Term if it provides written notice to the other Party no later than ninety (90) days prior to the expiration of the Initial Term. Upon conclusion of each additional term, if any, this MOU shall automatically renew in the same manner as described above and shall continue to do so at the end of each such additional term; provided, however, that any Party to this MOU may withdraw at the end of any additional term if it provides written notice to the other Party no later than one (1) year prior to the expiration of such additional term.
C. Maximum renewals. In no event shall the total term of t he MOU plus any
extension, extend beyond twenty (20) years.
2. FACILITY. T he CITY shall furnish all animal shelter and impound services as described in this MOU at FACILITY.
A. CIT
Y, in its sole discretion, shall determine the days and hours the FACILITY is open to the public and is open to receive animals from the Animal Services Division of the County, verified County residents and/or animals located within the unincorporated areas of the County. CITY shall provide advance notice to COUNTY as soon as practicable in the event CITY changes the hours that FACILITY is open to the public and to COUNTY.
B. After Hours. Any sick or injured animal must be taken to an off-site veterinarian contracted and paid for by the COUNTY to accept such animals outside of the FACILITY’S normal hours of operation. In no event shall COUNTY leave an injured or sick animal at the FACILITY when the FACILITY is closed.
C. CITY has the unfettered discretion and absolute right to determine when it is
ATTACHMENT A
268
necessary to discontinue accepting animals at the FACILITY. As an example, it may be necessary to discontinue accepting animals at the FACILITY when the FACILITY reaches maximum capacity. CITY will endeavor to notify COUNTY when CITY has exercised its discretion to discontinue accepting animals and when it anticipates accepting animals again.
3. CONTINUATION OF SERVICES AND STAFFING
A. Both CITY and COUNTY will continue to provide animal control, animal regulation, dispatch or similar field services within their respective jurisdictions.
B. Both CITY and COUNTY will employ their respective animal control employees who will continue with all present functions subject to the authority of each respective entity.
C. All persons employed by CITY in the performance of Animal Shelter services and all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging or any other terms of employments shall be solely determined by CITY.
4. PROVISION OF SERVICES BY CITY
A. CITY shall furnish and supply all necessary labor, supervision, equipment and supplies to provide the services described in this MOU.
B. The means, manner, and method by which services are provided, the standard of performance, any other matters incidental to the performance of such services, and the control of personnel so employed, shall be determined solely by CITY. In the event of a dispute between the parties as to the level and manner of such services, the parties shall meet in good faith to resolve their differences. In the event of an impasse, the Chief of Police will make the final decision.
C. COUNTY recognizes and specifically acknowledges that in utilizing the FACILITY and CITY services, it will comply with all operational procedures as established by CITY in its sole discretion, including all General Orders or the Animal Shelter’s Standard Operating Procedures promulgated by the
ATTACHMENT A
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Chief of Police regarding the operation of the FACILITY. Prior to the effective date of this MOU, CITY shall provide COUNTY with copies of all applicable regulations and General orders as well as provided any updates thereto within thirty (30) days of being issued.
D. Request for Additional Services. Upon the mutual written agreement of the parties, additional services not already covered pursuant to this MOU may be rendered by CITY and shall be paid for by COUNTY.
5. CONTROL AND CARE OF ANIMALS
Upon completion of the intake processing of animals delivered by COUNTY or residents of COUNTY, control of the animals, excepting animals subject to legal holds, shall belong to the CITY in the same manner as if the animals were received from within the CITY’S jurisdiction.
A. Intake. In the course of delivering animals to the shelter, the COUNTY Animal Services Division will complete all required fields on the Intake Form utilizing the CITY’s shelter data base program (see Attachment 2 hereto).
Required information may include but not be limited to animal information, reporting party information, owner information, location of pickup and any required legal hold periods.
B. Legal Holds. City shall control and care for animals delivered by COUNTY pursuant to its Operating Procedures as specified in section 4 above and consistent with applicable law. Access and control by COUNTY of such animals for purposes of evidence/prosecution shall be available during the hours that the FACILITY is open to the public or upon advance notice as specified in section 2 above.
C. Veterinary Care. The CITY shall provide basic, minimum, care/treatment for animals delivered by the County Animal Services Division, verified COUNTY residents and/or located within the unincorporated areas of the COUNTY.
Animals delivered or surrendered with medical issues shall be provided with medical treatment as deemed necessary by the City.
D. Adoption and Redemption of Animals.
All fees associated with the adoption
and redemption of Animals shall be retained by the CITY except for COUNTY licensing fees.
ATTACHMENT A
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6. LICENSING
It is mutually agreed that the CITY and COUNTY shall continue to separately license animals in accordance with their respective municipal codes. The CITY may sell a COUNTY license and will collect and allocate to a separate account monies received from said licensing fees, provided however, that CITY personnel are authorized to sell both CITY and COUNTY licenses at FACILITY. Any monies received from sale of COUNTY licenses will be remitted in full to the COUNTY on a quarterly basis within thirty (30) days after the end of each quarter.
7. FEE SCHEDULE
The parties specifically acknowledge that the costs of providing Animal Shelter and Impound services are identical whether the animal received by CITY at FACILITY originated in the COUNTY or CITY. Therefore, COUNTY hereby agrees that the fees charged for the services covered under this MOU will be those established by the CITY, as set forth in the CITY’s Fee Schedule, as now existing or herein after amended, and that CITY shall retain all such fees other than COUNTY licensing fees.
8. COMPENSATION FOR SERVIC
ES
A. COUNTY shall pay to CITY all costs associated with the intake, sheltering, care and impounding of animals received from COUNTY’s Animal Services Division, verified COUNTY residents and/or located within the unincorporated areas of the County, based upon the agreed upon rates as set forth in Attachment 1 which is incorporated herein by reference. Said costs shall also include CITY’s administrative costs.
B. Extraordinary Expenses. The parties acknowledge that from time to time it may be necessary for the CITY to undertake work on behalf of the COUNTY that causes an extraordinary amount of work that is outside the normal services provided by the CITY to COUNTY pursuant to this MOU. Extraordinary Expenses shall be defined as emergency intake of multiple (10 or more) animals as part of one event. In the case of extraordinary work, the CITY will invoice the COUNTY for all direct costs and expenses related to said event, as determined by the Chief of Police or his designee. COUNTY shall remit payment to CITY for such Extraordinary expenses within thirty (30) days after receipt of such invoice.
9. INVOICING
ATTACHMENT A
271
CITY shall submit an invoice to COUNTY each quarter. COUNTY shall remit payment of the full amount due within thirty (30) days after receiving such invoice.
Payments not received in a timely fashion will be subject to the maximum allowable interest penalty set forth in California Government Code Section 926.10.In the event CITY is required to incur collection costs to recover payments owed by COUNTY to CITY, COUNTY will also be responsible for reimbursing CITY for any such collection costs incurred.
10. MUTUAL INDEMNIFICATION
A. The COUNTY hereby agrees, on behalf of itself, officers, employees, agents, successors and other representatives to indemnify, hold harmless, CITY, its officers, employees, agents, successors and other representatives against all claims, suits, actions, costs, expenses and investigative costs, damages.
B. The CITY hereby agrees, on behalf of itself, officers, employees, agents, successors and other representatives to indemnify, hold harmless, COUNTY, its officers, employees, agents, successors and other representatives against all claims, suits, actions, costs, expenses and investigative costs, damages.
11. AMENDMENTS
It is hereby agreed that all provisions of the above agreement are subject to amendment by resolutions of the City Council and the Board of Supervisors.
12. COMPLETE INTEGRATION
The parties have read this MOU and agree to be bound by all of its terms and further agree that it constitutes the complete exclusive statement of the understanding between the parties. This MOU terminates and supersedes any prior agreements between the parties related to the joint operations of a CITY/COUNTY pound facility or the provision of impound and animal shelter services.
13. MODIFICATIONS
This MOU shall not be amended, except in writing that is executed by authorized representatives of both parties. Notwithstanding the forgoing, it is hereby agreed that all provisions of the above agreement may be subject to amendment by resolutions of the City Council and the Board of Supervisors.
ATTACHMENT A
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14. INTERPRETATION
This MOU shall not be interpreted in favor of any party by virtue of said party not having prepared this MOU.
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IN WITNESS WHEREOF, the parties hereto have caused their names to be affixed to this MEMORANDUM OF UNDERSTANDING.
ATTEST: CITY OF STOCKTON, a Municipal Corporation
ELIZA R. GARZA, CMC, City Clerk HARRY BLACK, City Manager
Approved as to form:
John Mulroy, Deputy City Attorney
ATTEST:
Clerk of the Board COUNTY OF SAN JOAQUIN, a Political subdivision of the State of California
Deputy Clerk Chairman of the Board of Supervisors
Approved as to form:
County Counsel
ATTACHMENT A
274
Attachment 1
COMPENSATION FOR SERVICES
Flat fee per animal up to 3,000 animals within a one-year period: $493.05
Fee per animal above 3,000 within a one-year period: $656.50
Daily impound fee per animal that is held
on a legal hold beyond 14 days. $ current City Fee Schedule Rate
Extraordinary events: $ actual cost incurred
Fees are based on cost for animal shelter services including, but not limited to utilities, food, medicine, and other supplies; and are subject to an annual increase of at least 5% or based on the average increase in medical supplies as approved by City Council.
ATTACHMENT A
275
Attachment 2
Chameleon Intake Screen
ATTACHMENT A
276
City of Stockton
Legislation Text
File #: 23-0368, Version: 1
ADOPT A RESOLUTION APPROVING AN INDEPENDENT CONTRACTOR AGREEMENT
BETWEEN SAN JOAQUIN COUNTY AND THE CITY OF STOCKTON FOR CALIFORNIA ASSEMBLY BILL 109 (AB 109) FUNDING OF THE COMMUNITY CORRECTIONS PARTNERSHIP
TASK FORCE, APPROVE PURCHASE OF THREE OUTFITTED UTILITY TASK VEHICLES, AND AMEND THE FISCAL YEAR 2023-24 ANNUAL BUDGET
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize the City Manager to execute the Independent Contractor Agreement with San Joaquin County to accept California Assembly Bill 109 (AB 109) funding for the San Joaquin County Community Corrections Partnership Task Force;
2. Authorize the City Manager to accept $1,935,298 in Fiscal Year (FY) 2023-24 Police Grant Funds as Fiscal Agent for the law enforcement agencies of San Joaquin County; and
3. Authorize the City Manager to approve the purchase of three off-road outfitted Utility Task Vehicles (UTV) with trailers for $213,279.41; and
4. Approve an amendment to the FY 2023-24 Annual Budget to increase the Police Grants and Special Programs San Joaquin County Community Corrections Partnership Task Force revenue estimates and expenditure appropriations by $1,935,298; and
5. Authorize the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of the resolution.
Summary
The San Joaquin County Community Corrections Partnership (CCP) Task Force supports prison realignment through a Problem-Oriented Policing (POP) model. The Task Force focuses on offenders who are wanted for a new crime or compliance violation, have a history of violence, are repeat offenders, or are at high risk of becoming repeat offenders. The Task Force services each of the cities within San Joaquin County throughout the year based on identified needs. This Agreement for $1,935,298 will fund the salary and benefits of the core Task Force team, as well as training, overtime activities, and one-time requests for additional vehicles and equipment essential for its members.
Funds for the Task Force are provided by State AB 109 Public Safety Realignment funding allocated by the CCP.
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DISCUSSION
Background
AB 109 was intended to reduce the state’s prison population by shifting the responsibility of certain felons to local government. Implementation of AB 109 began in October 2011 and resulted in an increased number of offenders returning to local communities. After the implementation of AB 109, the City of Stockton and other cities within the County experienced increased crimes committed by previous offenders. Combined with reduced revenue, budgets, and staffing, local law enforcement has been challenged with adequately maintaining public safety services to community members.
The Marshall Plan on Crime is a guiding document that looks at public safety challenges from a broader perspective than a single entity such as a city. The Task Force was established and funded through San Joaquin County’s CCP AB 109 funding beginning in October 2012. The initial Task Force consisted of a core group staffed by a Stockton Police Department (SPD) Sergeant and Officers from Tracy, Lodi, and Manteca. The Task Force coordinates with other efforts resulting from the Marshall Plan on Crime and continues to be a valuable component in the overall mission to address crime and accomplish the City Council’s goal of increasing public safety.
There is an existing Memorandum of Understanding (MOU) outlining the operational goals of the Task Force; through this document, the Task Force maintains the flexibility to respond to the needs of each community within San Joaquin County. Task Force members can function as a team that moves from one city to another or as individual Officers in their home agencies.
Present Situation
The Task Force comprises a core group funded through this Agreement with San Joaquin County. A proposal for AB 109 funding of $1,935,298 was submitted and included in the San Joaquin County Public Safety Realignment Plan for FY 2023-24 to fund the core Task Force from Stockton, Lodi, San Joaquin County Sheriff’s Department, and Manteca. The one-time requests are for three additional outfitted vehicles for the partnering agencies, three equipped UTV off-road vehicles with three trailers and a used 40 ft shipping container to store the vehicles securely, and a portable and mobile radio for the Task Force Deputy. In previous years, enhancements to budget proposals were limited to a certain percentage approved beforehand; however, at the December 14 th CCP meeting, the
Executive Committee voted for and approved having those limitations lifted. Partnering agencies had the opportunity to assess their programs and services thoroughly and included those identified needs and enhancements to their proposed budget. The SPD was notified on March 15, 2023, that the CCP Executive Committee approved the proposal for total funding of the core members of the Task Force.
State funds for a multi-agency justice system plan are now allocated to counties, and cities will no longer receive funds directly.
The Task Force continues to face the challenge of clients being transient and living in homeless encampments throughout the county. Many of these homeless encampments run for miles along trails in the sloughs, rivers, railroad tracks, etc. and aren’t accessible with standard passenger vehicles. The Task Force will greatly benefit having small, off-road capable, UTV vehicles that allow them to access these areas to conduct compliance checks, offer services to clients, patrol, rural operations, and to look for clients who are wanted. During recent floods, officers were challenged City of Stockton Printed on 7/5/2023Page 2 of 3
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with warning clients and others in the homeless encampments to evacuate. The Task Force is requesting a one-time budget of $213,279.41 for three outfitted UTV vehicles with three trailers on the Task Force’s FY 2023-2024 budget proposal.
FINANCIAL SUMMARY
City General Funds are not used to support the Task Force. Due to the specific appropriation actions needed, the SPD brings forward special revenue funding such as these for City Council approval outside the annual budget process. The San Joaquin County Public Safety Realignment FY 2023-24 Budget proposal includes $1,935,298 allocated for the Task Force. Revenue and expenditure appropriation, both in the amount of $1,935,298, is requested as part of the approval of the Agreement. Revenue and expenditures will require an increase in appropriation to the FY 2023-24 Police Other Special Revenue fund, Reimbursements sub fund, Investigations division, and Special Investigation program
. The new SPD UTV off-road vehicles will be purchased through Public Works Fleet with the one-time funding of $213,279.41; with CCP funding to cover $178,152.93 for three UTVs and outfitting and State Cops funding to cover the remaining $35,126.48 for three trailers.The three new vehicles for the partnering agencies will be purchased by their respective agencies and reimbursed upon invoice. Task Force services provided by the partner agencies are invoiced to the City on a quarterly basis. Those services covered by the AB 109 allocation are then processed for reimbursement from San Joaquin County through the City’s miscellaneous receivables process.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE INDEPE NDENT CONTRACTOR AGR EEMENT
BETWEEN SAN JOAQUIN COUNTY AND CITY OF S TOCKTON IN THE AMOUNT OF $ 1,935,298, FOR AB 109 FUNDING OF THE COMMUNITY CO RRECTIONS
PARTNERSHIP TASK FORCE, APPROVE THE PURCHASE OF THREE OUTFITTED UTILITY TASK VEHICLES AND THE AMENDMENT OF THE FISC AL YEAR 2023-24
ANNUAL BUDGET
The Community Corrections Partnership of San Joaquin County formed a Task Force in 2012 to support the premise of prison realignment; and
The Task Force uses the Problem Oriented Policing (POP) model focu sing on offenders who are wanted for a new crime or compliance violation, have a history of violence, are repeat offenders, or are at high risk of becoming repeat offenders; and
The Task Force serves each of the cities within San Joaquin County based on identified needs; and
Since 2012, funding allocated through AB 109 to San Joaquin County has been applied for and awarded to support the core team members of the Task Force ; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:
1. The Independent Contractor Agreement , attached as Exhibit 1 , incorporated by this reference, between San Joaquin County and the City of Stockton for AB 109 funding of the Community Corrections Partnership Task Force is hereby approved.
2. The City Manager, as Fiscal Agent for the law enforcement agencies of San Joaquin Coun ty, is aut horized to accept $1,935,298 in Fiscal Year ( FY) 2023-24 Police Grant Funds.
3. The FY 2023-24 Annual Budget is amended to appropriate $1,935,298 in revenues and expendi tures for the P olice Grants and Special Programs CCP Task Force accounts as needed to carry out the purpose and intent of this action, attached as Exhibit 2, incorporated by this reference.
4. The City Manager is authorized to approve the purchase of three off -road outfitted Utility Task Vehicles (UTV) with trailers for $213,279.41; with AB 109 funding to 280
cover $178,152.93 for three UTVs and outfittings and State COPS funding to cover the remaining $35,126.48 for three trailers.
5. The City Manager is hereby authorized and directed to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED July 11, 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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INDE
PENDENT CONTRACTOR AGREEMENT
SAN JOAQUIN COUNTY
BOA
RD AGREEMENT# A-23-_____
BOA
RD ORDER # B-23-_____
CON
TRACT AMOUNT: $1,935,298.00
PART
IES: COUNTY: County of San Joaquin
Purchasing & Support Services
44 N. San Joaquin Street
Suite 540
Stockton, CA 95202-2931
Wi
th copies to: County of San Joaquin
COUNT
Y DEPARTMENT: PROBATION
575 W. Mathews Road
French Camp, CA 95231
Steve Jackson
209-468-4070
[email protected]
CONT
RACTOR: City of Stockton
22 E. Market Street
Stockton, CA 95202
Stanley McFadden, Chief of Police
209-937-8218
[email protected]
Wi
th copies to: City of Stockton
City Manager’s Office
425 N. El Dorado Street
Stockton, CA 95202
EXHIBIT 1
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I. THE PARTIES TO THE AGREEMENT
This
Agreement is made and entered into this 1st day of July, 2023, by and between City of Stockton, as an independent contractor (hereinafter “CONTRACTOR”), and the County of San Joaquin, a political subdivision of the State of California for PROBATION (hereinafter “COUNTY”).
II. T
HE PURPOSE OF THE AGREEMENT
The purpos
e of this A greement is for CONTRACTOR to provide the Community Corrections Partnership (CCP) Task Force services for San Joaquin County’s Public Safety Realignment program (AB109) which include reducing crimes committed by AB109 offenders, promote the CCP, and support the premise of prison realignment.
III. O
RDER FOR PRECEDENCE
A. In
the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:
1. Appl
icable Federal and State of California statutes and regulations;
2. This
Agreement;
3. The att
achment market Exhibit A- San Joaquin County Public Safety Realignment Request Form submitted on behalf of the Police Departments of San Joaquin County to the Community Corrections Partnership (CCP).
Doc
ument 3, referenced above, is hereby incorporated into this Agreement as if completely set forth herein.
IV. T
HE SCOPE OF SERVICES
A. Sc
ope of Professional Service:
CO
NTRACTOR agrees to coordinate a Community Corrections Partnership (CCP) Task Force involving City Police Departments throughout San Joaquin County. CONTRACTOR will serve as the host agency and provide necessary office space. CONTRACTOR will provide:
- ( 1) Police Sergeant, responsible for day-to-day supervision of all Task Force members and their activities.
- (4) Police officers from other city jurisdictions within San Joaquin County will collectively determine which of their agencies will employ those personnel for full time assignment to the Task Force and
- (1) Sheriff Deputy for Lathrop.
- Overtime will be shared amongst the Task Force Members.
Police Departments that do not participate with full-time staff may contribute part-time staff on a voluntary and/or ad hoc basis. All police agencies in San Joaquin County will have access to the Task Force services and resources, regardless of their level of participation.
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Command and Control:
The host agency will be responsible for the day-to-day operation of the Task Force. The Task Force supervisor (Stockton Police Department Sergeant) will report to a Stockton Police Department manager, as designated by the Stockton Police Chief. For general oversight and administration purposes, the police manager will report to the Police Chief member of the CCP’s Executive Board. The CCP’s Police Chief Representative will report to the CCP Executive Board on Task Force activities, as necessary.
Mission and Scope:
The mission of the Task Force is to protect the quality of life in our communities by:
• Reducing crimes committed by AB 109 offenders;
• Promoting the work of the Community Corrections Partnership; and • Supporting the premise of prison realignment.
The Task Force will focus on problematic realignment offenders, including those who:
• Wanted for a compliance violation and/or a new crime
• Have a history of violence
• Have been deemed a repeat offender
• Have been deemed at high risk of becoming a repeat offender.
The Task Force will use the well-known and effective Problem-Oriented Policing (POP) model. Activity and deployment strategies will include:
• Utilizing crime analysis data, offender data, and other information to prioritize work and ensure deployment practices and activities are conducted effectively and efficiently.
• Conducting frequent offender compliance checks, especially during weekends and evening hours.
• I nitiate contact and become familiar with offenders recently released from custody.
• Actively searching for wanted persons, especially those identified as serious or habitual offenders or who are likely to commit new crimes. • Working closely with patrol, investigations, and various special enforcement units in the area to gather, analyze, and exchange criminal intelligence information.
• Frequently deploy to community “hot spots” and other areas where offenders are likely to gather and crime often occurs.
• Working closely with the Probation Department and other agency partners to encourage offenders to comply with the terms of their release, participate in vast programming opportunities, and avoid committing new offenses. • Serving as an individual and collective resource that can help educate members of each law enforcement agency on the purpose and intent of realignment.
• Working a flexible schedule which may include various evenings, nights, weekends, and holidays. This is necessary to provide attention to offenders when Probation Officers and other personnel are not at work.
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B. CONTRACTOR shall perform the CONTRACTOR’S work in accorda nce with currently approved methods and standards of practice in CONTRACTOR’S professional specialty.
V. GEN
ERAL PROVISIONS:
A. Term of Agreement:
This
Agreement shall commence when fully executed and end on the 30th day of June, 2024, unless Work is completed on a date prior thereto or unless terminated earlier as provided herein.
B. Inter pretation:
This Ag
reement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
If
any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
C. Compensation:
CO
UNTY agrees to pay the CONTRACTOR federal and state payroll taxes such as social security and unemployment for staff performing services under the scope of this contract.
CO
UNTY agrees to pay CONTRACTOR benefit costs to staff performing services under the scope of this contract.
COUNT
Y agrees to pay CONTRACTOR the hourly amounts as indicated on the CONTRACTOR’S hourly rate sheet. Notwithstanding the foregoing, the total payments under this Agreement shall not exceed ONE MILLION NINE HUNDRED THRITY-FIVE
THOUSAND TWO HUNDRED NINETY-EIGHT DOLLARS AND NO CENTS
($1,935,298.00).
The CO
UNTY will issue a Form 1099 at year-end for fees earned.
D. Invoi cing:
The CO
NTRACTOR shall submit invoices on a monthly basis, by the 15th of each month via e-mail to [email protected]. The invoice must be accompanied by supporting documentation including, but not limited to, General Ledger detail, Payroll Register, and Personnel Activity Report(s). The monthly billing format shall clearly indicate the current period of request for payment, original budget amount, amount requested for the current billing period, cumulative expenditures through the current period of request for payment, and budget balance after reimbursement. All invoices must reference this Agreement Number/Contract ID # and the service performed. Payments shall be made within 30 days of receipt of invoice from the CONTRACTOR LATE FEES: California Government Code 926.10 provides the following “….any person having such a claim against a public agency, shall be entitled to interest commencing the 61st day after such public entity or person files a liquidated claim known or agreed to be EXHIBIT 1
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valid when filed pursuant to such statute or contract, and such claim is due and payable.
Interest shall be 6 percent per annum.”
E. CONTRA CTOR’S Status:
In the performance of W ork, duties and obligations imposed by this Agreement, the CONTRACTOR and/or its employees are at all times acting as independent contractor(s) practicing his or her profession and n ot as an employee of COUNTY. A copy of the CONTRACTOR’S current professional, local, state or other business licenses required to conduct the services stated herein, will be provided to the COUNTY.
F. As signments:
Inasmuch as this Ag reement is intended to secure the specialized servic es of CONTRACTOR, CONTRACTOR may not as sign, transfer, delegate or subcontract its obligation herein without the prior written consent of COUNTY. Any such assign ment, transfer, delegation or subcontract without the prior written consent shall be considered null and void.
G. Non Exclusive Rights:
This Agreement does not grant to CONTRACTOR any exclusive p rivileges or rights to provide services to COUNTY. The CONTRACTOR may contract with other counties, private companies or individuals for similar services.
H. Indem nification:
CONTRACTOR shall, at its expense, defend, indemnify and hold harmless COUNTY, (defined as the County of San Joaquin and its employees, officers, directors, contractors and agents) from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable attorneys’ fees, a nd expenses from any claim or action, including wit hout limitation for bodily injury or d eath, to the extent caused by or arising from the active and/or passive negligence or willful misconduct of CONTRACTOR, its employees, officers, agents or subcontractors.
CONTRACTOR shall hold the COUNTY, its officers and employees, harmless from liability, of any nature or kind on account of use of any copyrighted, or un-copyrighted composition, secret process, patented or un-patented invention articles or appliance furnished or used under this Agreement.
I. Insurance
1. CONTRACTOR, s hall submit proof of insurance with liability limits as set forth below to COUNTY showing COUNTY, its officers, employees, agents and volunteers named as Additional Insured to include ongoing operations and products completed operations (On Additional Insured Endorsement CG 20 10 10 93), except for Workers’ Compensation and professional Liabilities, and insurance policy shall contain provisions that such policy may not be canceled or reduced except after thirty (30) days written notice to COUNTY.
2. CONTRACTOR agrees to be responsible to ensure that the requirements set forth in this article/paragraph are also to be met by CONTRACTOR’S subcontractors, if any, who provide services pursuant to this Agreement.
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3. General Liability Limits
a. BI & PD combined/per occurrence/Aggregate $1,000,000 b. Personal Injury/Aggregate $2,000,000 c. Automobile Liability/per occurrence $1,000,000 1) CONTRACTOR agrees to defend, hold harmless and indemnify COUNTY for any and all liabilities associat ed with the use of any auto mobiles in relation to tasks associated with this Agreement.
4. Professional Liability
a. Professional Liability/as appropriately relates to $2,000,000 services rendered. Coverage may include medical
malpractice, cyber liability, and/or errors and omissions.
5. Workers’ Co mpensation and Employer’s Liability Statutory requirement
6. Employment Practices Liability Insurance with limit of no less than $1,000,000
a. The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts or equipment furnished in connection with such work or operations. Liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions used).
J. Disc
rimination:
CONTRACTOR shall not discriminate because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, genetic information, military or veteran status, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code sections 12940,12945, 12945.2). CONTRACTOR shall not retaliate against any person for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions.
K. ADA Co mpliance:
CONTRACTOR s hall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to t he ADA. (42 U.S.C. Se ctions 12101 et seq.)
L. Notices:
Any notice required to be given pursuant to the terms and conditions hereof shall be in writing, and shall be effected by one of the following methods: personal delivery, prepaid EXHIBIT 1
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Certified First-Class Mail, or prepaid Priority Mail with delivery confirmation. Unless otherwise designated in writing by either party, such notice shall be mailed to the addresses shown on page one (1) of this Agreement.
M. Term ination:
1. Termination for Cause: If CONTRACTOR breaches or habitually neglects the CONTRACTOR’S duties under this Agreement without curing such breach or neglect upon fifteen (1 5) working days written notice, COUNTY may, b y written notice, immediately terminate this Agreement without prejudice to any other remedy to which COUNTY may be entitled, either at law, in equity, or under this Agreement.
2. Termination for Convenience: I n addition, COUNTY may terminate this Agreement for its convenience upon thirty (30) days written notice to CONTRACTOR.
3. Funding out Clause: If the County Board of Supervisors fails to ap propriate funds to en able the Co unty Departments to co ntinue to make purchases under this Agreement, this Agreement will be cancelled immediately and the CONTRACTOR will be given written notice of such termination.
4. If this Agreement is terminated under paragraphs 1, 2 or 3 above, CONTRACTOR shall only be paid for any Work completed and provided prior to notice of termination. In the event of termination under paragraph 1, 2 or 3 above, CONTRACTOR shall be paid an amount, which bears the same ratio to the total compensation authorized by the Agreement as the services actually performed bear to the total services of CONTRACTOR covered by this Agreement, less payments of compensation previously made. Except as stated above and except for any reasonable end- of-contract fees, CONTRACTOR shall have no other allowable charges under the terms and conditions of this Agreement.
5. CONTRACTOR shall not incur any expenses under this Agreement after notice of termination and shall cancel any outstanding expenses obligations to a third party [related hereto] that CONTRACTOR can legally cancel; COUNTY shall not be liable for any expenses incurred by CONTRACTOR subsequent to the notice of termination
N. Conflict of
Interest Statement:
CONTRACTOR c ovenants that CONTRACTOR, its officers, employees and their immediate f amily, presently have no financial or other interest s in other project(s) or contract(s), or other activity(ies), nor shall they acquire any such interests, directly or indirectly, that would conflict or inhibit in any way, manner or degree with the performance of services under this Agreement. CONTRAC TOR further covenants that in the performance of this Agreement no person having any such a conflict of interest shall be employed or retained by CONTRACTOR un der this Agreement. CONTRACTOR sha ll not hire COUNTY'S employees to perform any portion of the work or services provided for herein including secret arial, clerical and similar incidental services except upon the written approval of COUNTY.
O. Dru g Free Workplace:
CONTRACTOR shall comply with the provisions of California Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.
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P. Force Majeure:
It is agreed that neither party shall be responsible for delays in delivery, acceptance of delivery, or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either CONTRACTOR or COUNTY.
Q. Compliance:
1. CONTRACTOR shall comply with all f ederal, state and local laws, regulations and requirements nec essary for the p rovision of contracted services. Furthermore, CONTRACTOR shall comply with all laws applicable to wages and hour s of employment, occupational safety, fire safety, he alth and san itation. CONTRACTOR shall maintain current throughout the life of this Agreement, all p ermits, licenses, certificates and insurances that are necessary for the provision of contracted services.
2. CONTRACTOR shall comply with Assembly Bill 1522, known as the Healthy Workplaces, Healthy Families Act of 2014, codified at California Labor Code Section 245-249. With a few exceptions, the new law requires all employers to provide employees performing work in California with paid sick leave, beginning on July 1, 2015.
R. Di sputes and Remedies:
1. Notice of any disputes, claims, or breach raised by CONTRACTOR, arising under this Agreement, must be submitted, in writing, to COUNTY within ninety (90) days of the alleged dispute, claim, or breach. If such issues cannot be resolved within ninety (90) days following written notice, and if the parties mutually agree, the alleged dispute, claim, or breach may be submitted to arbitration. Arbitration, if expressly agreed upon in writing by COUNTY and CONTRACTOR, shall be pursuant to the provisions of California Code of Civil Procedure Section 1280, et seq.
2. At the COUNTY's sole discretion, COUNTY may elect to raise a dispute, claim, or breach by submitting it, in writing, to CONTRACTOR. Such dispute, claim, or breach would include conditions and time constraints required of CONTRACTOR to remedy.
3. Neither the pendency of a dispute, claim, or breach nor its consideration will excuse the parties from full and timely performance in accordance with terms of this Agreement.
4. Any legal action or proceeding with respect to this Agreement shall be brought in the courts of the State of California for the County of San Joaquin, or the courts of the United States of America for the Eastern District of California, and in no other courts.
CONTRACTOR hereby accepts such jurisdiction and venue and generally and unconditionally waives any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
5. In any action brought by a party to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, including the reasonable value of any services provided by in- house counsel. The reasonable EXHIBIT 1
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value of services provided by either party’s counsel shall be capped at the hourly rate charged by Deputy County Counsel IV attorneys in the office of the County Counsel of San Joaquin County, California.
S. Public Re
cord
All bids and proposal information is property of COUNTY. All such documents, including this Agreement, are public records per the requirements of the California Gover nment Code, Sections 6250-6270, “California Public Records Act”. CONTRACTOR’S Proprietary material must be clearly marked as such, but even so marked, it does not guarantee non - disclosure and may still be subject to disclosure pursuant to law . Pricing and service elements of the succe ssful bid and/or proposal may not be considered proprietary information.
COUNTY will treat all information submitted in a b id/proposal as available for public inspection o nce the COUNTY has a contract finalized with the se lected contractor. I f CONTRACTOR believes that it has a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained w ithin its bid, Proposal, this Agreement, it must identify any such information, together with the legal basis of your claim to COUNTY. CONTRACTOR agrees to defend and indemnify COUNTY for any liability, costs, and expenses incurred in asserting such confidentiality to protect documents from public disclosure. The final de termination as to whether COUNTY will assert your claim of confidentiality on your behalf shall be sole discretion of COUNTY.
T. Doc uments:
All drawings, specifications, documents and other memoranda or writings relating to the work and services hereunder, shall remain or become the property of COUNTY whether executed by or for CONTRACTOR for COUNTY, or otherwise by or for CONTRACTOR, or by or for a su bcontractor operating under CONTRACTOR’S supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to COUNTY forthwith upon COUNTY written demand, termination or completion of the work under this Agreement.
U. San J oaquin County Green Purchasing Policy:
1. COUNTY has a Green Purchasing Policy; please go to website to view.:
http://www.sjgov.org/SupportServ/dynamic.aspx?id=10128
2. COUNTY has adopted an Environmentally Preferable Purchasing (EPP) Policy.
EPP refers to the procurement of go ods and services that lessen or reduce negative effect on human health and t he environment when compared with competing goods and services that serve the same purpose. This comparison takes into consideration such things as: raw materials acquisition; production; manufacturing; pack aging; distribution; reuse; disposal; energy efficiency; performance; safety and cost.
3. A primary goal of this policy is to encourage contractors/suppliers and departments to consider products and services that help minimize environmental impacts with price, performance and aesthetic considerations bei ng equal.
Contractors/suppliers are encouraged to offer products and services t hat meet legitimate “green” standards, e.g. products that possess independent third party EXHIBIT 1
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certifications such as E nergy Star, Green Seal, EcoLogo, EPEAT or FEMP (Federal Energy Management Program) standards. The County also encourages offers of products made with minimal virgin materials and maximum use of recycled materials – again, price and performance essentially being equal.
V. Work P roduct:
COUNTY and CONTRACTOR acknowledge and agree that “Work Product”, and all components of it, provided or developed by CONTRACTOR hereunder or in connection herewith shall constitute “works made for hire” within the meaning of Title 17 United States Code Se ction 101 et seq. (the “ Copyright Act”), and a ll right, t itle, and interest in a nd to the Custom Products sha ll vest in COUNTY i mmediately upon development. To the extent any such Custom Products may not be the sole and exclusive property of COUNTY and/or may not be a “work made for hire” as defined in the Copyright Act upon development, then CONTRACTOR agrees to and hereby does sell, t ransfer, grant and assign to COUNTY all copyrights, patents, trade secrets, inventions, and other proprietary rights, title, and interest in and to such Cust om Products up on development. On all written material, whether in print, e lectronic, or any media form, constituting “Work Product”, CONTRACTOR shall place or cause to be placed the following legend preferably in the lower right corner:
201_ County of San Joaquin. All rights reserved.
W. Data S ecurity – Confidentiality
1. Acknowledgment of access to information characterized as covered data:
CONTRACTOR acknowledges that this Agreement may allow CONTRACTOR access to confidential COUNTY information or COUNTY provided information including, but not limited to, personal information, records, data, or financial information (“Covered Data”) notwithstanding the manner in which or from whom it is received by CONTRACTOR, which is subject to state laws that restrict the use and disclosure of the COUNTY information, including the California Information Practices Act (California Civil Code Section 1798 et seq.), California Constitution Article 1, Section 1, and other existing relative or future adopted State and/or Federal requirements. CONTRACTOR shall maintain the privacy of, and shall not release, Covered Data without full compliance with all applicable state and federal laws, the provisions of this Agreement and prior written consent of COUNTY.
CONTRACTOR agrees that it will include all of the terms and conditions contained in this clause in all subcontractor or agency contracts providing services under this Agreement. Where a federal, state or local law, ordinance, rule or regulation is required to be made applicable to this Agreement, it shall be deemed to be incorporated herein without amendment to this Agreement.
2. Prohibition on unauthorized use or disclosure of Covered D ata:
CONTRACTOR agrees to hold Covered Data received from or created on behalf of COUNTY in strictest confidence. CONTRACTOR shall not use or disclose Covered Data except as permitted or required by this Agreement or as otherwise authorized in writing by COUNTY. If required by a court of competent jurisdiction or an administrative body to disclose Covered Data, CONTRACTOR will notify COUNTY in writing prior to any disclosure in order to give COUNTY an opportunity to oppose any such disclosure. Any work using, or transmission or storage of, Covered Data outside the United States is subject to prior written authorization by COUNTY.
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291
Agreement: City of Stockton Page 11 of 13
3. Saf
eguard standard: CONTRACTOR agrees that it will protect the Covered Data according to commercially acceptable standards and no less rigorously than it protects its own confidential information, but in no case less than reasonable care. CONTRACTOR shall develop, implement, maintain and use appropriate administrative, technical a nd physical security measures which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity and availability of all such Covered Data.
4. Ret
urn or destruction of C overed D ata: Upon te rmination, cancellat ion, expiration or other conclusion of this Agreement, CONTRACTOR shall return the Covered Data to COUNTY unless COUNTY requests that such data be destroyed.
This provision shall also apply to all Covered Data that is in the possession of subcontractors or agents of CONTRACTOR. CONTRACTOR shall complete such return or destruction not less than thirty (30) calendar days after the conclusion or termination of this Agreement. Within this t hirty (30) day period, CONTRACTOR shall certify in writing to the COUNTY that the return or destruction has been completed.
5. Repor
ting of unauthorized disclosures or misuse of C overed D ata:
CONTRACTOR shall report, either orally or in writing, to COUNTY any use or disclosure of Covered Data not authorized by this Agreement or in writing by COUNTY, including any reasonable belief that an unauthorized individual has accessed Covered Data. CONTRACTOR shall make the report to COUNTY immediately upon discovery of the unauthorized disclosure, but in no event more than two (2) business days after CONTRACTOR reasonably believes there has been unauthorized use or disclosure. CONTRACTOR’S report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) Covered Data used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosur e, (iv) what CONTRACTOR has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action CONTRACTOR has taken or shall take to prevent future similar unauthorized use or disclosure.
6. Exami
nation of records: COUNTY and, if the applicable contract or grant so provides, the other contracting party or grantor (and if that be the United States, or an agency or instrumentality thereof, then the Controller General of the United States) shall have access to and the right to ex amine any pertinent books, documents, papers, and records of CONTRACTOR in volving transactions and work re lated to th is Agreement until the expiration of five years after final payment hereunder. CONTRACTOR shall retain project records for a period of five years from the date of final payment.
7. Assi
stance in litigation or administrative proceedings: CONTRACTOR shall make itself and any em ployees, subcontractors, or agents assisting CONTRACTOR in the performance of its obligations un der this Ag reement available to COUNTY, at no cost, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings against COUNTY, its directors, officers, agents or employees based upon a claimed violation of laws relating to security and privacy and arising out of this Agreement.
8. No thi
rd-party rights: Nothing in this Agreement is intended to make an y person or entity who is not signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.
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Agreement: City of Stockton Page 12 of 13
9. Survival: The terms and conditions set forth shall survive termination of the Agreement between the parties.
X. En tire Ag reement and Modification:
This Ag
reement and all documents incorporated by reference supersedes all previous Agreements either oral or in writing and constitutes the entire understanding of the parties hereto. No cha nges, amendments or alterations shall be effective unless in writing and signed by both parties.
[T
HS SPACE LEFT INTENTIONALLY BLANK[
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Agreement: City of Stockton Page 13 of 13
VI. EXECUTING PARTIES
A. IN WI
TNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement effective on the day and year first written above.
CIT
Y OF STOCKTON, a municipal
Corporation
425 N. El Dorado St. Stockton, CA
95202
By:
____________________________
Harry Black, City Manager
“
CONTRACTOR”
APPRO
VED AS TO FORM
By
: ___________________________
Print Name
Pos
ition: _______________________
By:
___________________________
Signed Name
COUNT
Y OF SAN JOAQUIN, a political
Subdivision of the State of California
By: ________________
_________________
Chairman, Robert Rickman
Board of Supervisors
San Joaquin County,
State of California
“CO
UNTY”
ATT
EST: Rachel DeBord
Clerk of the Board of Supervisors
of the County of San Joaquin,
State of California
By: ________________
_______________
Dat
e: _____________________________
APPRO
VED AS TO FORM
Office of County Counsel
By: ________________
______________
Richard J. Sordello,
Deputy County Counsel
EXHIBIT 1
294
2023-2024 AB109 PROPOSED BUDGET FORM
AGENCY INFORMATION 1 of 11 SAN JOAQUIN COUNTY
2023-2024 PROPOSED BUDGET - PHASE 11 PLAN
209-647-6401
E-MAIL ADDRESS
NAME OF AGENCY
Police Departments of San Joaquin County
CCP Task Force
NAME OF PROGRAM
CCP Task Force
This document must be received by the Probation Budget Committee no later than 5:00 p.m. on February 17, 2023. The Probation Budget Committee will review and address any corrections or revisions required before being submitted to the Chief of Probation on March 1, 2023.
Please submit this form and any questions about the form or the process to Rigo Ochoa, Management Analyst III at [email protected]
or (209) 468-4042.
AGENCY INFORMATION
[email protected]
NAME OF CONTACT
Chief Ray Bechler, Lathrop Police
Department/CCP Task Force Police Chief
DATE SUBMITTED
2/17/2023
TELEPHONE NUMBER
EXHIBIT 2
295
SERVICE NEED AREA 2 of 11 SAN JOAQUIN COUNTY
Pretrial Assessment and Monitoring - Probation
Jail Beds -S/O
Jail Programming -S/O
Jail Alternatives to Incarceration (i.e. EM, GPS) -S/O
Bailiffs -S/O
AB109 Support -S/O
Intensive Supervision (High Risk Unit) -Probation
Intensive Supervision (Violent Crimes Unit) -Probation
Transitional Age Youth - Probation
Assessment Center - Probation
Day Reporting Center -Probation
Evidence Based Programming - Probation
Correctional Health Services
Mental Health Treatment/Services - BHS
Job Training/Assistance/Search - EEDD
Transportation - Probation
GPS/EMP Contracts - Probation
Screening for Human Services Agency Programs -HSA
Transitional Housing - HSA
Post Release Court -Superior Court
Mandatory Supervision Court
Monitoring Court -Superior Court
CCP Task Force -Local Law Enforcement
Warrant Reduction and Advocacy Program -Friends Outside Case Management Services - Community Partnership for Families Case Management Services - El Concilio
Case Management Services - Mary Magdalene Community Services Parole Revocation Process -District Attorney
Parole Revocation Process -Public Defender
Data Collection/Evaluation -Data Co-Op
Cal Fresh Employment and Training - Community Partnership for Families Case Management - Friends Outside
Felony Case Management - Mary Magdalene Community Services Client Communication System - Uptrust (Public Defender) Homelessness and Recidivism Prevention - Ready to Work
Tattoo Removal Services - Inkoff.me
Transdermal Monitoring - Intercept (Superior Court)
Homeless Initiative -Health Care Services
Cost Allocation Plan -Probation
AB109 Administrative Services -Probation
Intensive Programming Unit (IPU) -Probation
SERVICE NEED AREAS
Please check which of the Service Need Areas this proposal covers. A separate proposal is required for each of the below listed areas.
2023-2024 AB109 PROPOSED BUDGET FORM
EXHIBIT 2
296
2023-2024 AB109 PROPOSED BUDGET FORM
PROGRAM JUSTIFICATION 3 of 11 SAN JOAQUIN COUNTY
I. PROGRAM DATA AND OUTCOMES
II. PROGRAM SERVICES AND ENHANCEMENTS
During the 2022 calendar year, the Task Force compiled the following statistics: 258 arrests, including 99 felony arrests, 8 misdemeanor arrests, 125 felony warrant arrests, 26 misdemeanor warrant arrests. The majority of these arrests were the result of 553 compliance checks conducted/attempted by the CCP Task Force. The Task Force saw a significant increase in firearm confiscations. Last year, the Task Force confiscated 87 firearms.
PROGRAM JUSTIFICATION
Please answer the following questions to justify your Proposed Budget for the 2023-2024 Fiscal Year. Boxes are provided below to enter your narratives and data relevant to your program.
1. Workload Data FY 2021-2022 Actuals (e.g., number of referrals, caseload size, number of clients served, number of clients successfully completing program, etc.):
During the 2021 calendar year, the Task Force compiled the following statistics: 451 arrests, including 169 felony arrests, 172 misdemeanor arrests, 91 felony warrant arrests, 19 misdemeanor warrant arrests. The majority of these arrest were the result of 749 compliance checks conducted/attempted by the CCP Task Force. The Task Force saw a significant increase in firearm confiscations. Last year, the Task Force confiscated 57 firearms.
2. Workload Data FY 2022-2023: 6 Month Actuals/6 Month Estimated (e.g., number of referrals, caseload size, number of clients served, number of clients successfully completing program, etc.):
3. Projected FY 2023-2024 Workload Data (e.g., number of referrals, caseload size, number of clients served, number of clients successfully completing program, etc.):
4. Brief description of the services to be provided during FY 2023-2024:
The Task Force completed over 200 compliance checks and attempted over 550 in the current year. The Task Force seized 87 firearms. The Task Force also provided law enforcement services and assistance to SJ County Cities and unincorporated areas that are not reflected in these numbers. The Task Force will continue to work with Federal, State, and local municipalities to make the county safer. In addition to the traditional law enforcement responses, the Task Force will coordinate with the Community Based Organizations as well, in order to facilitate collaboration between law enforcement and the community. This also supports the premise of prison realignment. Through these collaborations, the Task Force has been able to locate many offenders who were otherwise missing and/or extremely difficult to find.
This section should be no more than three pages long.
EXHIBIT 2
297
2023-2024 AB109 PROPOSED BUDGET FORM
PROGRAM JUSTIFICATION 4 of 11 SAN JOAQUIN COUNTY
6. Indicate any challenges your program has faced during FY 2022-2023 and if you have been able to address them.
The mission of the Task Force is to reduce crimes committed by AB109 offenders, promote the work of the CCP Task Force, and support the premise of prison realignment. Utilizing contemporary police practices, The Task Force members meet with probationers in the field and at their residences where they conduct compliance checks. Offenders are referred to needed services through the SJ County Probation Department. The Task Force has a core membership of the following: one (1) Police Sergeant, three and fifty-five percent (3.55%) Police Officers, one (1) County Probation Officer, and one (1) SJ Sheriff Deputy. Responsiveness and flexibility continue to be essential to the success of the Task Force. While the Stockton Police Department (SPD) serves as the host agency, the Task Force is a resource for the entire county and is responsive to the needs of each community. Its members function as both a structured team that moves from one community to another, as well as individual officers who work within their home agencies, apart from the team. As such, the Task Force balances its time between the host agency (SPD) and the employer agencies. For example, the entire team may work together to conduct a variety of enforcement operations in Stockton, and then move to Lodi later in the same day. In contrast, on another day its members may report to their home agencies and work alongside their fellow employees who are engaged in work of the same scope. This hybrid deployment model is a force multiplier in that it maximizes effectiveness by periodically including additional police officers.
5. Please provide a high-level description of any significant enhancements and/or changes you are making to your program for FY 2023-2024. Identify what budget category the enhancement is in and the amount, then provide a more detailed description and justification in the narrative section of the corresponding budget 1) VEHICLES (One-time request)- SPD already requested and received a mid-year, one-time budget request of $235,200 for three new vehicles for their three Task Force members during the FY 2022-2023 budget. The Task Force requests a one-time budget request of $235,000 ($75-85,000 per vehicle) for three additional vehicles for the other agencies who participate on the Task Force (1-Lodi PD, 1- Manteca PD, and 1- SJSO) for the FY 2023- 2024 budget.
2) UTV Off-Road Vehicles with Trailers (One-time request)- $183,445 for three outfitted UTV vehicles ($49,495 each) with three trailers ($4,999 each), and a used 40 ft. shipping container ($5,250 including tax and delivery) to securely store the vehicles . The Task Force continues to face the challenge of clients being transient and living in homeless encampments. The Task Force continues to have a high number of clients who live-in or hide out in the vast amounts of homeless encampments throughout the county. Many of these homeless encampments run for miles along trails in the sloughs, rivers, railroad tracks, etc. and aren’t accessible with standard passenger vehicles. The Task Force would greatly benefit if they had small, off-road capable, UTV vehicles that would allow them to access these areas to conduct compliance checks, offer services to clients, patrol, rural operations, and to look for clients who are wanted. There was also flooding this year and officers had to go out and try to warn clients and others in the homeless encampments that they need to evacuate due to the flooding that was going to occur. These vehicles would also allow the Task Force to be a huge asset to all the agencies throughout the county with the warning and evacuation of clients and others who live in these areas during times of natural disasters. The Task Force will request a one-time budget of $183,445 for three outfitted UTV vehicles with three trailers on the Task Force’s FY 2023-2024 budget proposal. 3) The SJSO is requesting one-time fixed asset budget of $15,850 for a portable and mobile radio for the Task Force deputy.
EXHIBIT 2
298
2023-2024 AB109 PROPOSED BUDGET FORM
PROGRAM JUSTIFICATION 5 of 11 SAN JOAQUIN COUNTY
During the 2022-2023 fiscal year, the Task Force continued to put an emphasis on contacting the higher risk individuals throughout the county. The Task Force continues to face the challenge of clients not living at their listed address or being transient and living in homeless encampments. The Task Force spent a lot of time going to addresses and learning the client did not live there. The Task Force checks law enforcement databases from local agencies and conducts surveillance, in an attempt, to determine where the client resides. The Task Force continues to have a high number of clients who live-in or hide out in the vast amounts of homeless encampments throughout the county. Many of these homeless encampments run for miles in the sloughs, along rivers, railroad tracks, etc. and aren’t accessible with standard passenger vehicles. The Task Force would greatly benefit if they had small, off-road capable, UTV vehicles that would allow them to access these areas to conduct compliance checks, offer services, and look for clients who are wanted. There was also flooding this year and officers had to go out and try to warn clients and others in the homeless encampments that they need to evacuate due to the flooding that was going to occur. These vehicles would also allow the Task Force to be a huge asset to all the agencies throughout the county with patrol and the warning/evacuation of clients and others who live in these areas during times of natural disasters. The Task Force will request a one-time budget for three outfitted UTV vehicles, three trailers, and a 40 Ft shipping container on the Task Force’s FY 2023-2024 budget proposal.
The Task Force’s vehicles are approximately 10 years old and have high milage (several over 200k miles). The vehicles have a lot of mechanical issues and have to be put out of service frequently to be repaired. Stockton PD requested and was granted a mid-year, one time budget request for $235,200 for three new full size, 4x4, SUV and trucks for the three Stockton PD members on the Task Force.
The Task Force’s training/equipment budget was not sufficient to send members to trainings or to purchase proper equipment for their operational needs. The Task Force requested and was granted, a mid-year budget enhancement to meet the training/equipment needs for the seven members of the Task Force.
The Task Force’s overtime budget was not sufficient due to salary increases over the past 10 years. The Task Force requested and was granted a mid-year enhancement to meet the overtime budget needs to fund all the members on the Task Force.
EXHIBIT 2
299
2023-2024 AB109 PROPOSED BUDGET FORM
PROPOSED BUDGET ACTIVITIES 6 of 11 SAN JOAQUIN COUNTY
Proposed Budget
2023-2024
1,346,282$ 1,452,003$ 105,721$
10,500$ 49,000$ 38,500$
10,500$ 49,000$ 38,500$
-$ -$ -$
-$ -$ -$
-$ -$ -$
434,295$ 434,295$
1,356,782$ 1,935,298$ 578,516$
Reminder: For FY 2023-24, there are no limitations on budget enhancement amounts so long as the amount is reasonable and has been sufficiently justified through narrative and supportive data.
b. Client Related Expenditures
Please only fill in the blue highlighted cells below under Previous FY Budget. All other cells are locked and will auto-populate.
5. Fixed Assets/Equipment
TOTAL
Proposed Budget Line Items Previous FY
Budget
Increased
Budget Amount
3. Professional Services
4. Administrative (Not to exceed 10%
of Salaries and Benefits)
A. BUDGET LINE ITEM TOTALS: The Proposed Budget Activities table below details the total of each budget category. These totals will auto-populate when the corresponding tables are populated in the subsequent tabs.
PROPOSED BUDGET ACTIVITIES
1. Salaries and Benefits
2. Services and Supplies
a. General Expenditures
EXHIBIT 2
300
2023-2024 AB109 PROPOSED BUDGET FORM
SALARIES AND BENEFITS 7 of 11 SAN JOAQUIN COUNTY
Job Classification/Title FTE
Proposed
Productive Rate (if
applicable)
Proposed Salary
and Benefits
Stockton Police Sergeant 1.00 -$ 275,626$
Lodi Police Officer 1.00 -$ 177,011$
Manteca Police Officer 1.00 -$ 329,363$
SJ County Sheriff Deputy 1.00 -$ 229,885$
Stockton Police Officer 1.55 -$ 365,118$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
Task Force Overtime -$ 75,000$
TOTAL 5.55 1,452,003$
B. BUDGET LINE ITEM DETAILS: Please provide detail for each budget category that will sufficiently explain how the funds will be used. These totals will auto-populate to the Proposed Budget Activities table.
Salary and negotiated benefits for the following Task Force Members: Stockton Police Sergeant ($275,626); Lodi Police Officer ($177,011); Manteca Police Officer ($329,363); San Joaquin County Sheriff Deputy ($229,885); 1.55% of Stockton Police Officer ($365,118); and $75,000 in overtime costs shared amongst Task Force members.
1. SALARIES AND BENEFITS, LABOR COSTS, and/or Productive Hourly Rate:
Compensation of employees for time devoted and identified specifically to this program. List number of staff, classification/title, FTE, productive hourly rate, salary and benefits, and any other labor expense.
Please provide narrative below to sufficiently explain the details of the above table. If using a Productive Hourly Rate, please itemize the assumptions used to calculate your rate. If there was an enhancement to this budget category, please provide details and sufficient justification below.
EXHIBIT 2
301
2023-2024 AB109 PROPOSED BUDGET FORM
SERVICES AND SUPPLIES 8 of 11 SAN JOAQUIN COUNTY
Estimated Budget
2023-2024
Task Force Training 21,000$
Task Force Supplies 28,000$
-$
-$
-$
-$
-$
TOTAL 49,000$
Estimated Budget
2023-2024
-$
-$
-$
-$
-$
TOTAL -$
2. SERVICES AND SUPPLIES: General Expenditures and Client Related Expenditures. b) Client Related Expenditures (i.e., costs identifiable to clients):
a) General Expenditures (e.g., office supplies, training costs, rent, communications, etc., for dedicated staff or clients). Please itemize this table in the same categories you will submit your reimbursement invoices.
Please provide narrative below to sufficiently explain the details of the above table. If there was an enhancement to this budget category, please provide details and sufficient justification below.
Please provide narrative below to sufficiently explain the details of the above table. If there was an enhancement to this budget category, please provide details and sufficient justification below.
The request for ongoing training and supplies is $49,000 total. As the task force consists of members from various law enforcement agencies, it is critical to ensure all members receive the same training so they can better work as a team. It is anticipated that the Task Force members will attend one training session during the 2023-24 year at a total cost of $21,000. Training is estimated at $3,000 per team of seven (7) members.
Supplies estmated at $28,000 include surveillance and tactical equipment such as cameras, GPS trackers, vests, and helmets.
General Expenditures
Client Related Expenditures
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2023-2024 AB109 PROPOSED BUDGET FORM
PROFESSIONAL SERVICES 9 of 11 SAN JOAQUIN COUNTY
Estimated
Budget
2023-2024
-$
-$
-$
-$
-$
-$
-$
TOTAL -$
3. PROFESSIONAL SERVICES: List each outside consultant or provider, the contract amount, and the services to be provided.
Contractor/Provider Name Professional Services
Please provide narrative below to sufficiently explain the details of the above table. If there was an enhancement to this budget category, please provide details and sufficient justification below.
EXHIBIT 2
303
2023-2024 AB109 PROPOSED BUDGET FORM
ADMIN AND FIXED ASSETS 10 of 11 SAN JOAQUIN COUNTY
Estimated Budget
2023-2024
-$
-$
-$
-$
-$
TOTAL -$
Estimated Budget
2023-2024
Vehicles including outfitting 235,000$
UTV off-road vehicles with trailers 183,445$
Portable and Mobile Radios 15,850$
-$
-$
TOTAL 434,295$
Administration
Please provide narrative below to sufficiently explain the details of the above table. If there was an enhancement to this budget category, please provide details and sufficient justification below.
4. ADMINISTRATION: Any administrative costs attributed to providing program services (e.g., Executive Management, Fiscal Services, Human Resources, etc.). Identify percentage and methodology for calculation. Costs should not exceed 10% of Category 1.
Fixed Assets
Please provide narrative below to sufficiently explain the details of the above table. If there was an enhancement to this budget category, please provide details and sufficient justification below.
5. FIXED ASSETS: Any single item of $5,000.00 or greater that has a useful life of more than one year (e.g., computers and other office equipment necessary to perform program activities).
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304
2023-2024 AB109 PROPOSED BUDGET FORM
ADMIN AND FIXED ASSETS 11 of 11 SAN JOAQUIN COUNTY
The Taskforce requests a one-time, $235,000 fixed asset budget for three (3) vehicles including outfitting (1- Lodi PD, 1- Manteca PD, 1- SJSO). This $235,000 would be split three ways ($75,000 for Lodi PD, $85,000 for Manteca PD, and $75,000 for SJSO). The vehicles in this class average approximately $60,000 MSRP then have to add sales tax and fees. Plus, it costs approximately $13,000-$15,000 to have an installer outfit each vehicle with lights, siren, radios, MDCs, rifle racks, lock boxes, tonneau covers, tint, etc. The SJSO is requesting one- time equipment purchase of $15,850 for a portable and moble radio for the Task Force Deputy. SPD is requesting a one-time, $183,445 fixed asset budget for three (3), outfitted, law enforcement purpose built UTV off-road vehicles with three (3) trailers and a used shipping container to store them in. SPD will purchase and house the vehicles. The UTV vehicles are 4-seaters with a utility bed, and are purpose built for law enforcement. This allows seating for at least two officers plus any prisoners, clients, civilians, equipment, or property that may need to be transported during an arrest, to be rescued or evacuated, or to be moved out of the area to obtain provided services. The UTVs are purpose built for law enforcement and have fully enclosed cabs so they are operational year around and in all weather conditions. Also, the fully enclosed cabs keep the hazardous waste/ bio-hazard material that is littered throughout the homeless encampments from getting on the occupants. Each law enforcement purpose built, UTV, off-road vehicle has a MSRP of approximately $49,495 (vehicles already come outfitted from factory with emergency lights, siren, PA, police decals, rescue winch, etc). Each trailer has a MSRP of approximately $4,999. A used, 40 ft., shipping container to securely store the vehicles in cost approximately $5,250 (which includes taxes and delivery). The total approximate cost for three (3) fully outfitted UTV off-road vehicles, three (3) trailers, and a used shipping container is approximately $183,445, including 9% sales tax.
EXHIBIT 2
305
City of Stockton
Legislation Text
File #: 23-0455, Version: 1
APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE SOUTH
TUXEDO AVENUE SEWER TRUNK REHABILITATION PROJECT
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Award a Professional Services Contract to Kjeldsen, Sinnock & Neudeck, Inc. of Stockton, CA, in the amount of $150,384, for design of the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No. UW23007.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
The Municipal Utilities Department (MUD) follows a Condition Assessment Program for the City’s sewer infrastructure. This program generates a prioritized list of replacement and/or rehabilitation projects for inclusion in the City’s Capital Improvement Plan (CIP). The program identified a 16-inch diameter pipe segment along South Tuxedo Avenue. The project was included in the 2022-27 Five- Year CIP. The project will rehabilitate approximately 1,900 linear feet of 16-inch diameter sewer trunk line along South Tuxedo Avenue between Kensington Way and Orange Street (Attachment A).
On January 23, 2023, the City advertised a Request for Proposals (RFP) for design of the South Tuxedo Avenue Sewer Trunk Rehabilitation project. On March 3, 2023, two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Kjeldsen, Sinnock & Neudeck, Inc. (KSN, Inc.) of Stockton, CA, to be the most qualified firm to perform the scope of work for design services on this project.
It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $150,384 to KSN, Inc. It is anticipated that the design will be completed by March 2024. The project will then be advertised for construction bids, with overall project completion anticipated by December 2024.
DISCUSSION
Background
The MUD follows a Condition Assessment Program for the City’s sewer infrastructure comprised of City of Stockton Printed on 7/5/2023Page 1 of 3
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File #: 23-0455, Version: 1
Closed-Circuit Televised Video inspection, pipe cleaning, and engineering evaluation. This program generates a prioritized list of sewer replacement and/or rehabilitation projects for inclusion in the City’s CIP. The program identified a 16-inch diameter pipe segment along South Tuxedo Avenue.
The project was included in the 2022-27 Five-Year CIP. The project will rehabilitate approximately 1,900 linear feet of 16-inch diameter sewer trunk line along South Tuxedo Avenue between Kensington Way and Orange Street (Attachment A).
Present Situation
On January 23, 2023, the City advertised an RFP for design of the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No. UW23007. On March 3, 2023, two proposals were received from the following engineering firms:
· KSN, Inc. (Stockton, CA)
· CSG, Inc. (Sacramento, CA)
A Selection Committee comprised of Public Works’ staff evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of work, staff qualifications, project approach, cost, and local preference. KSN, Inc. was found to be the most qualified firm to perform the scope of work for design services on this project.
Staff negotiated a fee of $150,384 with KSN, Inc. for design services. This fee is reasonable for a project of this size and complexity.
Staff recommends that Council approve a motion to award a Professional Services Contract in the amount of $150,384 to KSN, Inc. for design services of the South Tuxedo Avenue Sewer Trunk Rehabilitation project (Attachment B). It is anticipated that the design will be completed by March 2024. The project will then be advertised for construction bids, with overall project completion anticipated by December 2024.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. The City does not have sufficient staffing available to design this project for bidding and construction in 2024.
2. The scope of the design services requires an engineering firm experienced in sanitary sewer design and rehabilitation technologies.
3. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of this criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
4. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
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FINANCIAL SUMMARY
There are sufficient funds available in the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No. UW23007, to award a Professional Services Contract in the amount of $150,384 to KSN, Inc. for the project.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Vicinity Map
Attachment B - Professional Services Contract with KSN, Inc.
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VICINITY MAP:
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SOUTH TU XEDO AVENUE SEWER TRUNK REHAB.
(PROJECT NO. UW23007)
CITY OF STOCKTON
PUBLIC WORKS DEPARTMENT
ATTACHMENT A
309
Professional Services Contract – KJELDSEN, SINNOCK & NEUDECK, INC. – PROJECT NO. UW23007 (Updated 04/24/23)
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a munici pal corporation (“City”), and KJELDSEN, SINNOCK & NEUDECK, INC. whose address is 711 N. PERSHING AVENUE, STOCKTON, CA 95203 (“Consultant”) for the SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION, PROJECT NO. UW23007 hereinafter referred to as "Project".
RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.
NOW THEREFORE , in consideration of the mu tual promises, covenants, and conditions in this Contract, City and Consultant agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in EXHIBIT A-1. Consultant shall provide said services at the time, place, and in the manner specified in EXHIBIT A-2 and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.
2. COMPENSATION. City shall pay Consultant for services outlined in EXHIBIT A-1 according to the fee not to exceed the schedule detailed in EXHIBIT B, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $150,384.00 or as otherwise mutually agreed to in a Contract Amendment.
3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expens e the insurance coverage as set forth in the attached EXHIBIT C and shall otherwise comply with the other provisions of EXHIBIT C.
4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Consultant to a greater extent than permitted under the public policy of the State of California, Consultant shall indemnify, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers from and against any and all claims and causes of action which result in liabilities, judgments, awards, losses, damages, expenses, and costs (including reasonable attorneys’ fees, expert and consultant fees, and other expenses of litigation) including, but not limited to, death or injury to persons, or damage to property, which arise
ATTACHMENT B
310
Professional Servic
es Contract – KJELDSEN, SINNOCK & NEUDECK, INC. – PROJECT NO. UW23007 (Updated 04/24/23)
out of any violation of federal, state, or municipal law or ordinance, to the extent damages are caused by the Consultant’s negligent services provided under this Agreement, or are in any way caused by the negligent performance of work by the Consultant or Consultant’s officers, agents, employees, or subcontractor s. Consultant shall not be obligated to indemnify or defend City for claims finally determined by a cour t of law or ar bitrator to arise from the 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 th e defense or indemnity obligations of Consultant to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Consult ant under the law. T he 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 sh all in no event be construed to require indemnification by Consultant to a greater extent than permitted u nder the public policy of the State of California, and in addition to the other indem nity obligations in this Agreement, Consultant shall indemnify, defend, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers from and against claims, losses, expenses, and costs including, but not limited to, reasonable attorneys’ fees, arising out of any claim brought against the City by an employee of Consultant, regardless of whether such claim may be covered by any applicab le workers compensation insurance.
Consultant’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 Consultant under workers’ compensation acts, disability acts, or other employee benefit acts.
5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in EXHIBIT A-1 according to the schedule detailed in EXHIBIT A-2, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date writte n above and shall expire on MARCH 31, 2026 , unless extended by mutual agreement through the issuance of a Contract Amendment. a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant 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 limitat ion. City shall have no obligation or liability to pay any invoice for work performed whic h Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.
6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employme nt of persons or in the prov ision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
ATTACHMENT B
311
Professional Services Contract – KJELDSEN, SINNOCK & NEUDECK, INC. – PROJECT NO. UW23007 (Updated 04/24/23)
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits o f, or be subjected to discrimination under any pr ogram or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discr imination and Harassment Policy (EXHIBIT D). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all i ndividuals by strictly prohibiting discrimination and harassment, includ ing sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIO NS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor C ode shall be considered part of the contract
agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xht ml?lawCode=LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rate s of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purpos es applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
ATTACHMENT B
312
Professional Services Contract – KJELDSEN, SINNOCK & NEUDECK, INC. – PROJECT NO. UW23007 (Updated 04/24/23)
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate det ermination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual co st of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of Califo rnia. To forfeit as a penalty to City the sum of TWENTY-FIVE A ND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work mo re than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the St ate of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall ensure that the prim e and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) ce rtified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admin ister and conduct apprenticeship programs, if applicable to the job.
e. SANCTIONS
Deliverables must conform with all appl icable federal, state, and local laws.
Such conformity includes compliance with federal sanctions, and Contractor
ATTACHMENT B
313
Professional Services Contract – KJELDSEN, SINNOCK & NEUDECK, INC. – PROJECT NO. UW23007 (Updated 04/24/23)
certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively ai d and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.
8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrant s that it has or will have at the time this Contract is executed, all licenses, permits , qualifications, insurance, and approvals of whatsoever nature which are legally requir ed for the Consultant to pr actice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations , and provide professional advice and recommendations regarding this project.
9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other document s completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject ma tter in all materials is hereby assigned to the City and the Consultant agrees to exec ute any additional do cuments that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.
11. TERMINATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultan t. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.
ATTACHMENT B
314
Professi
onal Services Contract – KJELDSEN, SINNOCK & NEUDECK, INC. – PROJECT NO. UW23007 (Updated 04/24/23)
12. CONSULTANT STATUS. In performing the obligat ions set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Cons ultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.
The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Cons ultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contra ct any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of C onsultant. All terms of employment including hours, wages, working c onditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed t hat Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent cont ractor, Consultant he reby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any content ion by any third party that employer-employee relationship exists by reason of this Contract.
13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior writte n consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
15. NOTICES. Any and all notices herein require d shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To City:
Public Works Director
City of Stockton
To Consultant:
Kjeldsen, Sinnock & Neudeck, Inc.
711 N. Pershing Avenue
Stockton, CA 95203
22 E. Weber Ave., Rm. 301
Stockton, CA 95202
16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to t he Consultant’s engaging in any operation or activity set forth in this Contract, Consulta nt shall obtain a City of Stockton business
ATTACHMENT B
315
Professional Services Contract – KJELDSEN, SINNOCK & NEUDECK, INC. – PROJECT NO. UW23007 (Updated 04/24/23)
license, which must be kept in effect duri ng the term of this Contract. Consultant covenants that it has obtained al l certificates, licenses, permits and the like required to perform the services under this Contract.
17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for serv ices under this Contract. Upon request, Consultant agrees to furnish City, or a designated representat ive, with necessary information and assistance.
Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant informati on requested, and shall permit City or its delegate access to its prem ises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance wit h this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.
18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or in vestment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
20. WAIVER. In the event either City or C onsultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
21. GOVERNING LAW. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.
23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written
ATTACHMENT B
316
or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.
26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
CITY OF STOCKTON
By: __________ _
HARRY BLACK
CITY MANAGER
ATTEST:
BY: -----------
ELIZA R. GARZA, CMC
CITY CLERK
APPROVED AS TO FORM:
BY: -------------
DEPUTY CITY ATTORNEY
,INC.
Print Name
Professional Services Contract - KJELDSEN, SINNOCK & NEUDECK, INC. - PROJECT NO. UW23007 (Updated 04/24/23)
ATTACHMENT B
317
PROPOSAL FOR
SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION
CITY PROJECT NO. UW23007
10 Page
MARCH 2023
DETAILED WORK PLAN
TASK NO. 1 - BACKGROUND RESEARCH
1.1 – Research
KSN will research and review existing topographic mapping, photos/images, right-of-way maps, record drawings, recorded maps, surveys, assessor maps, and local street improvement plans along the project corridor.
1.2 – Site Reconnaissance
The KSN team will visit the site to perform a field reconnaisance of the project limits. The KSN team will use the information collected during this time to develop preliminary recommendations for alternative pipeline rehabilitiation methods. The KSN team will develop a set of preliminary design plans based on these recommendations, described in additional detail in Task No. 2.2. 1.
Task Deliverables:
• Site photos
1.3 – Surveying and Mapping
KSN will perform field surveys to develop the base mapping for the project. The scope of services KSN proposes to provide is more specifically described as follows.
1.3.1 – Control Network
Horizontal and vertical survey control for the project will be based on available published control monuments utilizing either GPS or conventional survey methods. Horizontal control will be provided based on the California Coordinate System of 1 983, Zone 3, U.S. Foot units (CA83IIIF), consistent with the the City of Stockton’s horizontal survey cotnrol network. Vertical control will be referenced to the North American Vertical Datum of 1 988 (NAVD 88)based on available published National Geodetic Survey (NGS) and/or City of Stockton benchmarks.
1.3.2 – Field Surveys
Field surveys will be performed along the existing sewer alignment to gather existing site data. Surface evidence of the existing utilities will be surveyed and include invert elevations of below grade utilities, etc. The information obtained by the field surveys will be incorporated into the project base mapping.
1.3.3 - Topographic Mapping
Base mapping will be prepared at a scale of 1” = 20’ with spot elevations and/or 1’ contour intervals. KSN will prepare the base mapping at the stated mapping scale and contour interval showing visible surface features, contours and spot elevations within the mapping limits.
Task Deliverables:
• Basemap files
1.4 – Potholing (optional)
The actual scope of the potholing effort is unknown at this time and it is not possible to define a scope of work and fee estimate. KSN has included a force account budget allowance in its fee estimate for the purposes of performing potholing. The actual scope of work and fee estimate to perform the potholing will be prepared upon the completion of Task No, 3. 1.2 Utility Request Letter (A Letter) and Task No. 4. 1. 1 Design Report when the level of effort can more accurately be determined.
1.5 – Permits
This Task provides an allowance for coordinating with, and obtaining an encroachment permit from the City of Stockton for the potholing of existing utilities.
1.6 – CCTV Review
KSN will review CCTV inspection videos and inspection reports provided by the City of the South Tuxedo Avenue Sanitary Sewer Line to confirm deficiencies, locate manholes, determine the locations of any collection system laterals EXHIBIT A-1
ATTACHMENT B
318
PROPOSAL FOR
SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION
CITY PROJECT NO. UW23007
11 Page
MARCH 2023
and service laterals, and assess the suitability of trenchless rehabilitation approaches. In particular, the review will seek to identify defects that could affect the selection of repair/rehabilitation alternatives. To properly perform this task, KSN will need the City to clean and CCTV the segments that were blocked and useful footage for the proposal is not available – such as the Manchester Avenue to North Yosemite Street segment.
TASK NO. 2 – ENVIRONMENTAL SERVICES
It is anticipated that rehabilitation can be accomplished internally without pipeline replacement. The project is subject to CEQA review, but it is likely exempt from detailed CEQA analysis, provided exemption criteria can be met.
BaseCamp Environmental, Inc. (BaseCamp) will conduct a two-step CEQA review for the project. If, after analysis, the project qualifies for a CEQA exemption, BaseCamp would prepare the necessary support documentation and file a Notice of Exemption on approval by the City. This would conclude the CEQA process.
If this is not the case, as an optional service, BaseCamp will prepare and assist the City in processing a CEQA Initial Study/Mitigated Negative Declaration for the project.
2.1 – Categorical Exemption Analysis and Documentation BaseCamp will review project plans and perform a site reconnaissance visit to assess the scope of the project and the potential impacts. BaseCamp will review options and criteria for a CEQA exemption. If necessary, BaseCamp will review and recommend project modifications to reduce project impacts. BaseCamp will prepare a letter memo with its CEQA findings and recommendations. BaseCamp will prepare a Notice of Exemption and supporting documentation, and file the Notice of Exemption with the County Clerk and the State Clearinghouse.
2.2 – Preparation and Processing of Initial Study/Mitigated Negative Declaration (Optional)
If after review it is determined that the project does not meet the CEQA criteria for a Notice of Exemption, BaseCamp will prepare an Initial Study and environmental checklist, and a Negative Declaration, or a Mitigated Negative Declaration if required.
• BaseCamp will conduct and document tribal consultation activity in accordance with AB 52. • BaseCamp will prepare and submit an administrative draft of the IS/MND to the City for review, comment and approval.
• In coordination with City staff, BaseCamp will administer the required 20-day public review process of the final approved IS/MND.
• BaseCamp will analyze public review comments received during the public review period and recommend appropriate responses and actions.
• BaseCamp will prepare the Final Initial Study/Mitigated Negative Declaration, and the Mitigation Monitoring and Reporting Plan.
• BaseCamp will prepare for and attend a City Council meeting to discuss and answer questions regarding the CEQA documentation.
• BaseCamp will prepare and file the Notice of Determination with San Joaquin County Clerk and State Clearinghouse, (filing fees will be the responsibility of the City).
Task Deliverables:
• Document submission and reproduction will be electronic; hard copies can be provided at cost of reproduction Task Understandings:
• Technical subconsultants such as biologists, cultural resources consultants, archaeologists, & preparation of any permit applications are not included in the above scope of work. If they should become required, a contract amendment will be prepared for the City’s review and approval.
TASK NO. 3 – UTILITY COORDINATION
3.1– Utility Research and Coordination
KSN will perform utility research, mapping, and coordination within the project limits along the project alignment based on the following:
EXHIBIT A-1
ATTACHMENT B
319
PROPOSAL FOR
SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION
CITY PROJECT NO. UW23007
12 Page
MARCH 2023
3.1.1 – Identify Utility Providers
KSN will prepare a list of potentially impacted utilities using: 1) the City of Stockton and San Joaquin County standard utility contact list; 2) the list of utility subscribers to the local Underground Service Alert (USA) service; 3) the list of local utility providers that KSN has assembled over the years; and 4) the utility contact information posted on existing facilities in the vicinity of the project.
3.1.2 – Utility Request Letter (A Letter)
Upon receipt of the Notice to Proceed, KSN will send out the Utility Request Letter to the utility companies. The Utility Request Letters will provide a description of the proposed project scope and limits, and will formally request as-built documents and verification of the nature and location of existing utility facilities within the project limits.
The documentation received from the utility companies will be field reviewed and verified. If necessary, follow-up communications with the utility companies will be made to clarify the size, type and extent of the existing facilities.
KSN will compile the existing utility information onto an electronic “existing utilities” drawing file tied to the project horizontal control and referenced to the project base mapping.
3.1.3 – Conflict Letter (B Letter)
Subsequent to the submittal of the 65% complete project documents, KSN will send out the Conflict Letter to the utility companies. The Conflict Letter will be accompanied with a copy of the 65% project plans that will depict the locations of conflict with the new improvements. The letter will formally request the utility company to field verify the conflict and provide a schedule for the relocation of the facility in conflict. If necessary, follow-up communications with the utility companies, including field meetings and/or field surveys to locate “pothole” information provided by the utility company, will be made to clarify the conflict and/or the relocation alignment of the existing facility. KSN will incorporate the utility relocation information onto the electronic “existing utilities” drawing file described above.
3.1.4 – Final Project Plans Letter (C Letter)
Subsequent to the submittal of the completed project documents (bid set), KSN will send a set of the final project plans to each affected utility company. The letter accompanying the plans will inform the utility company of the project bid date, the approximate date construction will begin, and the approximate date construction will be completed.
KSN will maintain a utility contact summary sheet that will include pertinent information for each utility such as the contact person, address and telephone numbers, description of the utility’s facilities, dates that the Utility Letters described above are sent, a summary of each utility’s response to the Utility Letters, etc.
Task Deliverables:
• Digital file of the existing utility mapping in an AutoCAD compatible format. • Digital file copy of “A” Letter sent to each utility company in PDF compatible format. • Digital file copy of “B” Letter sent to each utility company in PDF compatible format. • Digital file copy of “C” Letter sent to each utility company in PDF compatible format. • Digital file of the utility contact summary in Excel compatible format.
TASK NO. 4 – PLANS, SPECIFICATIONS & ESTIMATES (CONSTRUCTION
DOCUMENTS)
The KSN team will compile existing data available from the City of Stockton, utility companies, etc. Such information may be in the form of hard copy documents, as-built plans, reports, GIS data, and studies.
4.1 – Engineering Design
The KSN Team will prepare a Preliminary Design Memorandum, improvement plans, traffic control plans, bypass plans, specifications (in City of Stockton format), and an engineer’s opinion of probable construction cost (estimate).
The plans, specifications, and estimate (PS&E) packages will be prepared in accordance with the City’s standards and current California Manual on Uniform Traffic Control Devices (CA MUTCD), as appropriate.
EXHIBIT A-1
ATTACHMENT B
320
PROPOSAL FOR
SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION
CITY PROJECT NO. UW23007
13 Page
MARCH 2023
4.1.1 – Design Report
KSN will evaluate the capacity, integrity and useful life of the pipeline, and recommend the most appropriate rehabilitation alternatives to extend the useful life of each pipe segment based on potential results and cost effectiveness. Rehabilitation measures recommended will include examples of where the proposed technology was utilized. A preferred, final recommendation will be identified. Costs for the recommended rehabilitation measures will be developed. A decision matrix of the final recommended improvements will be developed, which will consider criteria including impacts to residential neighbors and businesses and sewage flow bypass.
The Preliminary Design Report will consist of a 3 to 5 page Technical Memorandum in letter format, and will include a recommendation for the appropriate rehabilitation method(s) for the project, and will present criteria for the final design of improvements. KSN will attend a meeting with City staff to discuss the report.
Task Deliverables:
• Two hard copies and one PDF copy of the Draft Design Report. • Two hard copies and one PDF copy of the Final Design Report.
4.1.2 - 65% PS&E Documents
Plan sheets included in the 65% PS&E submittal will include the following:
• Title Sheet
• General Notes
• Project Control Plan
• Erosion Control Plans
• Traffic Control Plans, including anticipated access restrictions to adjacent properties. • Bypassing Plans, including anticipated service interruptions. • Sanitary Sewer Design Improvement Plans and Profiles at a scale of 1”=40’ , including existing structures, rim and invert elevations, other utilities in plan and profile view with relevant protection measures for adjacent properties and existing improvements as appropriate.
• Project specific details and typical cross-sections details.
The improvement plans will be prepared in an Autodesk Civil 3D version 201 8 compatible electronic format.
KSN will prepare the technical specifications and/or special provisions for the proposed improvements. These specifications will be incorporated with general conditions and the bid forms prepared by the design team.
Specifications will be prepared in a Microsoft Word 365 compatible electronic format.
KSN will prepare an engineer’s estimate of construction cost for the proposed improvements. The spreadsheet will be prepared in a Microsoft Excel 365 compatible electronic format.
Task Deliverables:
• Four (4) hard copies and one (1) PDF copy of the full-size set of plans; • One (1) copy of the technical specifications; and
• One (1) copy of the preliminary engineer’s estimate of construction
4.1.3 - 90% PS&E Documents
The 90% submittal will incorporate the City’s comments from the 65% submittal and further develop the PS&E documents.
Task Deliverables:
• Four (4) hard copies and one (1) PDF copy of the full-size set of plans; • One (1) copy of the technical specifications;
• One (1) copy of the preliminary engineer’s estimate of construction • A 65% review comment matrix with written responses
• Returned 65% original red-line comments.
EXHIBIT A-1
ATTACHMENT B
321
PROPOSAL FOR
SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION
CITY PROJECT NO. UW23007
14 Page
MARCH 2023
4.1.4 - PS&E Bid Documents
The final submittal, the bid-set, will incorporate the City’s comments from the 90% submittal A final PDF copy will be submitted to the City along with 90% review comment matrix with written responses for review and approval prior to publishing the final submittal.
Task Deliverables:
• One electronic PDF copy of PS&E for final review prior to plotting mylars, final specs, and opinion of construction cost.
• One (1) Mylar copy and one (1) PDF copy of the full-size set of plans; • One (1) stamped and signed hardcopy and one (1) PDF and MS Word copy of the technical specifications; and • One (1) stamped and signed hardcopy and one (1) PDF and MS Excel copy of the engineer’s estimate of construction
• One (1) USB drive with all electronic files, including Autodesk Civil 3D 20 18 compatible and pdf files for the project plans, MS Word and pdf files of the technical specifications, and MS Excel and pdf files of the Engineer’s Estimate
• A 90% review comment matrix with written responses
• Returned 90% original red-line comments
TASK NO. 5 – PUBLIC OUTREACH
KSN in close coordination with the City will implement communication and outreach to impacted property, residents, and business owners along the project corridor. Activities will include identification of the contact database, and preparation and distribution of timely and informative notifications. Notifications may include flyers, letters (right- of-entry requests), and FAQ’s. All information communicated will be clear and educational in nature to inform the impacted public of the potential access restrictions, property encroachments, service interruptions, or travel impacts.
KSN will work closely with the City to identify potential mitigation measures for these impacts to be included in the construction documents.
Task Deliverables:
• Contact database, Correspondence/comments matrix, FAQ, Right-of-Entry letters, Flyer with project location exhibit.
TASK NO. 6 – COORDINATION/MEETINGS
6.1 – Meetings
Kick-Off Meeting: The KSN Team will attend a Kick-Off Meeting with City Staff and key project stakeholders. The purpose of the meeting will be, 1) to review and refine the project scope, goals, and expectations, 2) to define the lines of communication between KSN, City staff, utility companies and other project stakeholders, 3) to confirm project standards, procedures and formats; 4) to identify project constraints and opportunities, 5) to review the project schedule, and 6) to discuss available as-built documents and other pertinent existing background information related to the project. The City of Stockton will coordinate the date, time, and location of the Kick-Off Meeting. KSN will prepare and distribute the agenda and the minutes for the Kick-Off Meeting.
Meetings w/City Staff: KSN will hold regularly scheduled teleconference meetings, (maximum 6), to discuss project progress and schedule, and to clarify project design issues and City standards. KSN will prepare and distribute agendas and minutes for each meeting.
Site Visits and Miscellaneous Meetings w/ City Staff: KSN will attend up to 4 project status meetings to be held in Stockton, to discuss project progress and schedule, and to clarify project design goals and issues. KSN will prepare and distribute the agendas and minutes for each meeting.
EXHIBIT A-1