Agenda packet — City Council and Concurrent Authorities, October 17, 2023 (part 1 of 4)

City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, October 17, 2023 4:00 PM
Closed Session 4:00 PM :: Regular Session 5:30 PM

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 23-0936 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: One
Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No.

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

Department: City Attorney

3.2 23-0937 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: City Manager Harry Black Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

Department: City Attorney

3.3 23-0938 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

City of Stockton Page 1 Printed on 10/12/2023
1 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action: City Manager
This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.4 23-0939 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Attorney
This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.5 23-0940 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Clerk
This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.6 23-0974 PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE:

Recommended Action: City Manager
This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.7 23-0941 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: One
Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code section 54956.9(d)(2).

Department: City Attorney

4. CLOSED SESSION PUBLIC COMMENT*

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG
City of Stockton Page 2 Printed on 10/12/2023
2 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10.1 PROCLAMATIONS:DOMESTIC VIOLENCE AWARENESS MONTH

10.2 PROCLAMATIONS:AMERICAN PHARMACISTS MONTH

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 23-0852 APPROVE A MOTION TO ENTER AN AGREEMENT FOR SUPPORT SERVICES THROUGH PERISCOPE HOLDINGS, INC.

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

1. Approve findings pursuant to Stockton Municipal Code Section 3.68.070 in support of an exception to the competitive bidding process.

2. Authorize the City Manager to execute an agreement in the amount of up to $250,000 with Periscope Holdings, Inc. for support services to the Procurement Division.

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

Department: Administrative Services
Attachments: Attachment A - Periscope Holdings Inc Agreement

12.2 23-0926 APPOINTMENTS TO CITY COMMITTEES AND COMMISSIONS Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution ratifying Councilmember appointments to the Community Development Committee, Measure A Citizens' Advisory Committee and Measure M Strong Communities Advisory Committee
Department: City Clerk
City of Stockton Page 3 Printed on 10/12/2023
3 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Attachment A - CDC Application.pdf
Attachment B - Measure A Applications.pdf
Attachment C - Measure M Applications.pdf
Proposed Resolution - Appointments
Attachments:

12.3 23-0934 APPROVE AN AGREEMENT WITH GRANICUS FOR AGENDA

SUPPORT SOFTWARE SERVICES
Recommended Action: RECOMMENDATION
It is recommended that City Council approve a motion:

1. Approving findings for an exception to the competitive bidding process;

2. Authorizing the City Manager to execute and renew a contract with Granicus, LLC for agenda support software services in an amount up to $259,012.13 for a term of three years; and

3. Authorizing the City Manager to take necessary and appropriate action to carry out the purpose and intent of the motion.

Department: City Clerk
Attachment A - Granicus Contract
Attachment B - Granicus Contract Renewal
Attachments:

12.4 23-0892 ADOPT A MOTION TO ACCEPT, ALLOCATE, AND APPROPRIATE

GRANT FUNDING FOR A CONTRACT FOR CONSTRUCTION

MANAGEMENT SERVICES AND A CONTRACT FOR

CONSTRUCTION OF THE NAVIGATION CENTER PROJECT
City of Stockton Page 4 Printed on 10/12/2023
4 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a motion to:

1. Accept and allocate $1,000,000 to the Navigation Center project pursuant to 2022-23 California Budget Bill Jr. (Chapter 249, Statutes of 2022, AB 179), Section 19.56;

2. Allocate and appropriate $826,961.40 American Rescue Plan Act (ARPA) Contingency funds for construction and construction management services for the Navigation Center project;

3. Approve and authorize the City Manager, or designee, to enter into a professional services agreement with Griffin Structures in the amount of $185,000 to provide construction management services for the Navigation Center project;

4. Approve and authorize the City Manager, or designee, to enter into a contract with G&G Builders for $1,341,961.40 for construction of the Navigation Center project; and

5. Authorize the City Manager, or designee, to enter into a contract(s) with other entities involved in construction of the Navigation Center project, as deemed necessary by the construction manager for an amount not to exceed $300,000.

6. Approve findings pursuant to Stockton Municipal Code section 3.68.070 for an exception to the competitive bidding process.

7. Authorize the City Manager, or designee, to enter into and execute any associated documents and take appropriate and necessary actions to carry out the purpose and intent of this motion.

Department: Economic Development
Attachment A - Resolution 2020-11-17-1402
Attachment B - Draft CM Services Contract
Attachment C - Draft G&G Contract
Attachment D - AB 179
Attachments:

12.5 23-0912 APPROVE A MOTION RATIFYING A CONTRACT AMENDMENT WITH

STANTEC CONSULTING SERVICES AND APPROVING A FOURTH

AMENDMENT
City of Stockton Page 5 Printed on 10/12/2023
5 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a motion to:

1. Ratify City Manager's approval of contract amendment #3 to the brownfield consulting services agreement with Stantec Consulting Services;

2. Authorize the City Manager to execute a fourth contract amendment with Stantec Consulting Services in the amount of $61,000 to provide environmental investigation and remediation planning services for the South Pointe site, for a new contract amount of $800,000;

3. Authorize the City Manager to execute future contract amendments up to an additional $100,000; and

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

Department: Economic Development
Attachment A - Original Contract Stantec
Attachment B - Contract Amendment 2
Attachment C - Contract Amendment 3
Attachment D - Contract Amendment 4
Attachments:

12.6 23-0844 APPROVE MOTION TO AWARD THREE PROFESSIONAL SERVICES

CONTRACTS FOR ENVIRONMENTAL ASSESSMENT AND PATH TO

CLOSURE SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Award a Professional Services Contract to Stantec Consulting Services in the amount of $59,300 for 404 West Fremont Street;

2. Award a Professional Services Contract to Terraphase Engineering in the amount of $180,211 for 130 North Hunter Street;

3. Award a Professional Services Contract to Terracon Consultants in the amount of $78,000 for 216 North California Street;

4. Authorize the City Manager, or designee, to budget $150,000 in expenses from Parking Authority Fund balance;

5. Authorize the City Manager, or designee, to appropriate an additional $18,000 in expenditure authority from the Economic Development General Fund; and

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

City of Stockton Page 6 Printed on 10/12/2023
6 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Department: Economic Development
Attachment A - Aerial Maps
Attachment B - Contract - Stantec - 404 W Fremont
Attachment C - Contract - Terraphase
Attachment D - Contract - Terracon
Attachments:

12.7 23-0851 ADOPT A RESOLUTION TO ACCEPT A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE 2022

STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
(SAFER) GRANT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize the City Manager to accept a grant from the Federal Emergency Management Agency for the 2022 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $4,299,722.07.

2. Authorize the City Manager to appropriate grant revenues and expenditures in the amount of $4,299,722.07.

3. Authorize the allocation of seven grant funded firefighter positions increasing the total authorized full-time positions.

4. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Department: Fire
Attachment A - Award Package
Proposed Resolution
Attachments:

12.8 23-0948 APPROVE A MOTION AUTHORIZING THE CALIFORNIA FIRE

FIGHTERS JOINT APPRENTICESHIP COMMITTEE TO PURCHASE

ONE MOBILE PUMP POD AND TO ACCEPT A REBATE FROM

CALIFORNIA WATER SERVICE WATER CONSERVATION

REBATE/INCENTIVE PROGRAM
City of Stockton Page 7 Printed on 10/12/2023
7 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Request the California Fire Fighters Joint Apprenticeship Committee (CFFJAC) to purchase a Mobile Pump Pod from Pump Pod USA on behalf of the Stockton Fire Department.

2. Authorize the Stockton Fire Department to accept a rebate from the California Water Service for the purchase of the Mobile Pump Pod through their Water Conservation Rebate/Incentive Program, and remit rebated funds to CFFJAC for the Mobile Pump Pod.

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

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

Department: Fire
Attachment A - Subscription Agreement
Attachment B - Approved CalWater Conservation Rebate Program Application Attachments:

12.9 23-0831 RATIFY FINAL EXPENSES FOR THE EMERGENCY

ENVIRONMENTAL CLEANUP AND MITIGATION OF A SANITARY

SEWER OVERFLOW NEAR CORONADO AND EAST FULTON

STREETS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to ratify the emergency expenditure of $285,311.98 to Ponder Environmental of Benicia, California, for emergency environmental cleanup and mitigation of a sanitary sewer overflow near Coronado and East Fulton Streets.

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

Department: Municipal Utilities
Attachments: Proposed Resolution

12.10 23-0859 ADOPT A RESOLUTION TO EXECUTE A PROJECT FUNDING

AGREEMENT WITH THE STATE WATER RESOURCES CONTROL

BOARD TO EXTEND WATER UTILITY SERVICES TO SUNNY ROAD

IN SAN JOAQUIN COUNTY
City of Stockton Page 8 Printed on 10/12/2023
8 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to execute a project funding agreement for financial assistance with the State Water Resources Control Board to extend water utility services to Sunny Road in San Joaquin County.

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

Department: Municipal Utilities
Attachment A - Funding Agreement
Attachment B - Engineering Report
Proposed Resolution - Sunny Road
Attachments:

12.11 23-0636 ADOPT RESOLUTION TO AUTHORIZE THE SOUTH AIRPORT WAY

SEPARATED BIKEWAY PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the filing of Notice of Exemption No. NOE01-21 under the California Environmental Quality Act for the South Airport Way Separated Bikeway, Project No. WT18008.

2. Approve the plans and specifications for the South Airport Way Separated Bikeway, Project No. WT18008.

3. Award a Construction Contract in the base bid amount of $1,836,118.30 to McFadden Construction, Inc. of Stockton, CA, for the South Airport Way Separated Bikeway, Project No. WT18008.

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

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

12.12 23-0639 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES

CONTRACT FOR THE SEWER LARGE DIAMETER LINES

REHABILITATION PROJECT
City of Stockton Page 9 Printed on 10/12/2023
9 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Award a Professional Services Contract to CSG Consultants, Inc. of Sacramento, CA, in the amount of $470,707, for design of the Sewer Large Diameter Lines Rehabilitation, Project No. UW20020.

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.

Department: Public Works
Attachment A - Vicinity Map
Attachment B - Professional Services Contract
Attachments:

12.13 23-0771 ADOPT RESOLUTION TO AUTHORIZE THE MORMON SLOUGH

SANITARY SEWER LINE REHABILITATION PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Adopt the Final Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Reporting Program and authorizing the filing of a Notice of Determination under the California Environmental Quality Act for the Mormon Slough Sanitary Sewer Line Rehabilitation, Project No.

UW18030.

2. Authorize the preparation of the final design plans and specifications for the Mormon Slough Sanitary Sewer Line Rehabilitation, Project No.

UW18030.

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

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Final IS/MND
Exhibit 2 - Mitigation Monitoring
Attachments:

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS
City of Stockton Page 10 Printed on 10/12/2023
10 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

15. NEW BUSINESS

15.1 23-0906 UNITED WAY NONPROFIT CAPACITY BUILDING PROGRAM Recommended Action: RECOMMENDATION
Informational only. No action to be taken.

Department: Economic Development
Attachments: PPT - 15.1 - Nonprofit Capacity Building Program

15.2 23-0864 APPROVE BY MOTION THE YOUTH SERVICES GRANT PROGRAM

RECOMMENDATIONS AND ENTER INTO CONTRACTS WITH

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

1. Approve the recommended Youth Services Grant Program awardees and amounts;

2. Approve and authorize the City Manager, or designee, to execute contracts with the recommended awardees in the total amount of $2,068,034 with discretion to adjust the award amount to each awardee based upon final negotiated services;

3. Approve the use of the remaining $17,966 for program administration services; and,

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

Department: Community Services
Attachment A - Recommendation List & Project Descriptions Attachment B - Youth Services Notice of Funding Availability PPT - 15.2 - Youth Services Notice of Funding Availability Attachments:

16. HEARINGS**

16.1 23-0832 ADOPT A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE 2020-2021 ANNUAL ACTION PLAN; AND AN AMENDMENT TO
THE 2023-2024 ANNUAL ACTION PLAN
City of Stockton Page 11 Printed on 10/12/2023
11 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that at the conclusion of the public hearing, the City Council adopt a resolution to:

1. Approve the Third Amendment to the 2020-2021 Annual Action Plan (attached as Exhibit 1 to the Resolution);

2. Approve a First Amendment to the 2023-2024 Annual Action Plan (attached as Exhibit 2 to the Resolution);

3. Authorize the City Manager to reallocate funds among approved activities and partners as needed to maximize impact and benefit to the Stockton community; and

4. Authorize the City Manager, or designee, to execute and submit all documents to the U.S. Department of Housing and Urban Development, execute contracts with sub-recipients, and to take actions necessary and appropriate to carry out the purpose and intent of the resolution.

Department: Economic Development
Attachment A - Resolution 2020-04-28-1503
Attachment B - Resolution 2020-07-14-1501
Attachment C - Resolution - 2021-01-26-1602
Attachment D - Resolution 2023-04-18-1601 (1)
Proposed Resolution - Annual Action Plan Amendments
Exhibit 1 - 2020-21 Annual Action Plan 3rd Amendment
Exhibit 2 - 2023-24 Annual Action Plan 1st Amendment
PPT - 16.1 - Annual Action Plan Amendments
Attachments:

16.2 23-0856 PUBLIC HEARING FOR THE PROPOSED USE OF THE 2023

EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
City of Stockton Page 12 Printed on 10/12/2023
12 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended, at the conclusion of the public hearing, that the City Council adopt a resolution:

1. Authorizing the City Manager, or designee, to accept the Edward Byrne Memorial Justice Assistance Grant (JAG) 2023 allocation in the amount of $420,343;

2. Authorize the City Manager, or designee, to Approve Amendment No. 12 to the Interlocal Memorandum of Understanding between the City of Stockton (City) and County of San Joaquin (County) to reallocate the 2023 JAG funds;

3. Amend the Fiscal Year 2023-24 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $420,343; and

4. Authorize the City Manager, or designee, to execute all grant award documents as required by the U.S. Department of Justice Bureau of Justice Assistance and accept applicable terms and conditions.

It is further recommended that the City Council authorize the City Manager to take whatever actions are necessary and appropriate to carry out the intent of this resolution.

Department: Police
Proposed Resolution - JAG 2023
Exhibit 1 - Amend. 12 Interlocal MOU - Ed Byrne JAG
PPT - 16.2 - 2023 JAG Program
Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

INFORMATIONAL ITEMS
City of Stockton Page 13 Printed on 10/12/2023
13 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on October 12, 2023, in compliance with the Brown Act.

Eliza R. Garza, CMC
City Clerk
By: ________________________________
Deputy
City of Stockton Page 14 Printed on 10/12/2023
14 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

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

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

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

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

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

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

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

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

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

CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on City of Stockton Page 15 Printed on 10/12/2023
15 City Council/Successor Agency to October 17, 2023
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

City of Stockton Page 16 Printed on 10/12/2023
16 City of Stockton
Legislation Text
File #: 23-0852, Version: 1

APPROVE A MOTION TO ENTER AN AGREEMENT FOR SUPPORT SERVICES THROUGH PERISCOPE HOLDINGS, INC.

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

1. Approve findings pursuant to Stockton Municipal Code Section 3.68.070 in support of an exception to the competitive bidding process.

2. Authorize the City Manager to execute an agreement in the amount of up to $250,000 with Periscope Holdings, Inc. for support services to the Procurement Division.

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

Summary
The Administrative Services Department (ASD) currently has four vacancies in the Procurement Division while the procurement needs for City operations is at an unprecedented high. Expedient and compliant procurement of goods and services is required for spending the City’s $78 million in American Rescue Plan (ARPA) funds. To address this increased workload and an urgent need to handle various procurements, ASD requires staff augmentation acquisition support services. On April 19, 2022, the City entered into a contract with Civic Initiatives, LLC (Motion 2022-04-19-1201) for the provision of such services.

Since execution of the contract with Civic Initiatives, vacancies within the Procurement Division have grown, and recruitment efforts to address those vacancies have yet to be successful due to a tight labor market. Staff has determined that the level of service needed for procurement activities has increased substantially and Civic Initiatives is no longer the best fit for the City’s needs. Based on the increased service levels and expertise required, Staff identified NIGP Consulting, which is under the custodianship and management of Periscope Holdings, Inc. (PHI), as the best qualified vendor for the provision of procurement staff augmentation support services. Absent emergency staffing augmentation services, there is a significant risk to the City procuring goods, services, and executing contracts promptly, resulting in delays in providing services that benefit residents.

Utilizing NIGP Consulting will allow the City’s Procurement Division to continue supporting operational activities at competitive prices for the federally funded ARPA projects identified. NIGP Consulting also has the capacity to provide overall support and industry expertise for all procurement -related activities. The proposed contract is for a total amount not to exceed $250,000 with a term through December 2024.

City of Stockton Page 1 of 3 Printed on 10/12/2023
powered by Legistar™
17 File #: 23-0852, Version: 1

DISCUSSION
Background
On September 14, 2021, Council approved Motion 2021-09-14-1501 establishing broad scope categories to program the City of Stockton allocation of $78 million in American Rescue Plan Act funding. Within each category, projects were identified to be performed by City departments. The majority of the identified projects will require a competitive and/or a non-compete procurement process to comply with the most restrictive procurement approach between the City and federal regulations.

The Procurement Division researched the market for available staff augmentation support services to manage the increased, emergency procurement activity anticipated. Council subsequently authorized the City to enter into an agreement with Civic Initiatives, LLC to support the day-to-day procurement operations and due to the increased workload related to the ARPA project portfolio. However, since the contract was executed in April 2022, the number of vacancies in the Procurement Division has increased and much institutional knowledge and industry experience has been lost due to staff turnover. These circumstances resulted in the need for additional procurement expertise and support that can be provided in a different manner. Through extensive research, Staff determined that NIGP Consulting is best qualified to meet the City’s urgent need with respect to procurement activities.

Present Situation
The Procurement Division has had several vacancies for an extended period of time, although recruitments have been advertised. Since the COVID-19 pandemic, positions have been hard to fill, and staff has turned over frequently. The low recruitment responses have made securing external staff augmentation services necessary. To fill this need Staff recommends entering into an agreement with NIGP Consulting for a not-to-exceed amount of $250,000 over the proposed contract term (November 1, 2023, through December 31, 2024).

NIGP Consulting is fully capable of providing the necessary services in compliance with federal and City requirements for the ARPA procurement portfolio on an as-needed task structure to expand the capacity of the Procurement Division and support City departments on critical procurement decisions.

NIGP, also known as the Institute for Public Procurement, is a membership-based non-profit organization that provides support to North American professionals in public sector procurement.

Since 1944, NIGP has been promoting, developing, and supporting the public procurement profession through premier educational and research programs, professional support, technical services, and advocacy initiatives that benefit members and constituents. NIGP represents 72 affiliate chapters, 3,000 agency members representing federal, state, provincial and local government and over 16,200 members serving the public procurement community. NIGP teamed with PHI (focused solely on solutions for public sector procurement) to offer organizations the highest quality public procurement services available at a fair market price. Through this partnership, NIGP Consulting leverages its access to a vast network of over 17,000 procurement professionals and subject-matter experts.

City of Stockton Page 2 of 3 Printed on 10/12/2023
powered by Legistar™
18 File #: 23-0852, Version: 1
Findings
Pursuant to 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 expertise or staff resources to support the compliance and expedience required for the ARPA portfolio and other City procurement activities.

2. The City has struggled to recruit and retain qualified procurement staff on a permanent basis since the start of the pandemic. The Procurement Manager position has been vacant for over a year during which time three separate recruitments were conducted with no viable candidates.

3. In determining the most qualified firm, the most important considerations are a firm’s ability to meet the full scope of work, their experience with similar scopes of work, and the ability to work in conjunction with City staff.

4. Absent staff augmentation services, there is a significant risk to the City of procuring good and services and executing contracts in a timely manner, resulting in delays in providing services that benefit the residents and potential noncompliance with local, state and federal regulations.

FINANCIAL SUMMARY
Approximately $135,000 of the $250,000 contract will be paid using salary savings from the Procurement Manager and Supervising Procurement Specialist positions which are allocated 52% to the General Fund with the remainder charged to multiple other City funds. An additional $40,000 is available in the Administrative Services General Fund Budget (Fund 100-000, Department 20) from other vacancies savings. The balance of $75,000 will be charged to the ARPA Procurement Public Sector Capacity project SARP701, account 0010-156-650002-280-282-10-00-000-000-. Any additional funding needed for renewals in future fiscal years will be included in the annual budget development process as needed for continued staff augmentation.

Attachment A -Agreement with Periscope Holdings, Inc.

City of Stockton Page 3 of 3 Printed on 10/12/2023
powered by Legistar™
19 1
(Rev. 10.27.22)

CITY OF STOCKTON

STANDARD AGREEMENT

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

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

Commences on: Terminates on:
_____________________________________________________________________________

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

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.
(g) Exhibit G - Special Funding Terms & Conditions (If applicable check box)YES ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

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

CITY OF STOCKTON
___________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
____________________________________________________________________________ Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:

Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
(d) Exhibit D –
(e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
Periscope Holdings, Inc. Staff Augmentation Services November 1, 2023 December 31, 2024 250,000.00 Not Applicable ARPA ✔ Periscope Holdings, Inc. Mark Eigenbauer, President 5000 Plaza on the Lake, Suite 100, Austin, TX 78746 DocuSign Envelope ID: B9B164C5-270C-4E59-AC16-435D0DCA8F81 10/11/2023
ATTACHMENT A 20
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 The City of Stockton (“City”) is seeking staff augmentation services for its Procurement Division within the Administrative Services Department.

1.2 Periscope Holdings, Inc., through its custodianship and management of NIGP Consulting (“Contractor”), has been selected to provide staff augmentation services to the City’s Procurement Division through December 31, 2024.

2. Project Scope

2.1 Contractor’s proposed scope of services includes the provision of up to 40 hours per week of staff augmentation services (“Consultant(s)”) at the procurement manager level, at Contractor’s standard hourly rate for those services.

2.2 At the City’s option, contract staff and/or procurement analyst support may also be provided to City at Contractor’s standard hourly rate(s) for those services, not to exceed 80 hours per week.

3. Specifications

3.1 Contractor shall be responsible for tracking hours of assigned Consultant(s), in 30-minute increments, to ensure compliance with established schedule expectations. Tracked hours shall include description of work performed.

3.2 Assigned Consultant(s) will work both on-site and remotely/virtually, and a schedule for each location shall be established between City and Consultant(s).

3.3 All travel will require advance approval from the City and comply with City’s travel policy. Contractor shall invoice City monthly for reimbursement of travel-related expenses.

4. Major Deliverables
ATTACHMENT A 21
2 (Rev. 10.30.18)

4.1 Contractor shall provide staff augmentation services and assign Consultant(s) to oversee and support all aspects of the City’s procurement operations. Procurement operations include the procurement, contract, stores, and reprographics functions.

5. Tasks That Support the Deliverables

5.1 Services provided by Contractor assigned Consultant(s) shall, at a minimum, include the following:
x Oversee procurement operations, including assignment of work, review of work and overall management of procurement projects. x Guide and manage Procurement staff members.
x Oversee the administration of the City’s Procurement Division within the Administrative Services Department.
x Oversee compliance with policies and procedures.
x Meet regularly with the City’s Chief Financial Officer to discuss projects and issues.
x Prepare reports, as requested.
x Participate, as requested, in any calls, meetings, emails or other communications and engagements related to purchasing and contract services activities.
x Develop specifications and scopes of work with City’s clients/customers.
x Oversee sourcing processes for City, including developing and facilitating solicitations for goods and services required by City. x Develop documentation related to the sourcing process, including contract award recommendation communications.
x Assist in the oversight and review of City contracts and contract modifications.
x Research and maintain an understanding of City and State of California regulations, policies and procedures.
x Research legal issues related to purchasing and communicate with legal counsel to address bid protests or challenges during the bidding process or answer post-bid questions.
x Maintain regular communications with City procurement team members.
x Keep the City’s Chief Financial Officer advised of any procurement issues requiring attention, actions or decisions not within the scope of the Consultant(s)’ purview.

5.2 The City shall provide, at a minimum, the following level of support:

ATTACHMENT A 22
3 (Rev. 10.30.18)
x Direction/Supervision – City will provide guidance, direction and supervision to Contractor assigned Consultant(s) on a timely basis.

City will provide timely required approvals on all appropriate work.

City will ensure that the assigned Consultant(s) under this Agreement has the level of support required to successfully complete the scope of work, including any required intervention on matters with other City staff, leadership or political officials. x Training – City will provide necessary and appropriate training for the assigned Consultant(s) in order for Consultant(s) to complete all assigned work under this Agreement.
x Access to Required Systems – City will provide access to all systems required for the assigned Consultant(s) to complete all assigned work.
x Other requirements of the Consultant(s) may be determined upon award of contract to Contractor.

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

Contractor: NIGB Consulting City: City of Stockton
Attn: Marcheta Gillepsie Attn: City Manager
5000 Plaza on the Lake, Ste. 100 425 N. El Dorado Street Austin, TX 78746 Stockton, CA 95202

7. Key Personnel
Jay Kapoor, Deputy City Manager II, City of Stockton
e-mail: [email protected]
Courtney Christy, Deputy City Manager I, City of Stockton e-mail: [email protected]
Kimberly Trammel, Chief Financial Officer, City of Stockton e-mail: [email protected]
Marcheta Gillespie, President, NIGP Code & Consulting
e-mail: [email protected]

10. Option to Renew.

ATTACHMENT A 23
4 (Rev. 10.30.18)
Staff Augmentation Services will be provided on a mutually agreeable schedule determined by both parties on a monthly basis, from the effective date of this Agreement for a period of four (4) months.

The term of the Agreement may be extended, upon mutual agreement of both parties, for an additional monthly period with thirty (30) days advance notice.

However, the total term of the Agreement including the extended term shall not exceed sixteen (16) months.

ATTACHMENT A 24
REV 2022-05-17
Exhibit B:

Insurance Requirements for Professional Services
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

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

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

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

ATTACHMENT A 25
REV 2022-05-17
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

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

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this ATTACHMENT A 26
REV 2022-05-17
provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

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

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

Claims Made Policies
If any of the required policies provide claims-made coverage:
The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
Insurance must be maintained and evidence of insurance must be provided for at least WKUHH (
years after completion of the contract of work .
If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of WKUHH (
years after completion of work.

ATTACHMENT A 27
REV 2022-05-17
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT A 28
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

EXHIBIT C

GENERAL TERMS AND CONDITIONS

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

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

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

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

3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

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

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 ATTACHMENT A 29
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
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.

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

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

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

9. Contractor’s Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 ATTACHMENT A 30
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

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

10. Subcontractor.

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

10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.

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

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 ATTACHMENT A 31
(Rev. 10.30.18; Mod 0ϱ͘Ϭϴ͘ϮϯZD)

11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors. Indemnity and Hold Harmless. 7R WKH IXOOHVW H[WHQW SHUPLWWHG E\ ODZ &RQWUDFWRU VKDOO KROG KDUPOHVV GHIHQG DQG LQGHPQLI\ &LW\ RI 6WRFNWRQ DQG LWV RIILFHUV RIILFLDOV HPSOR\HHV DQG YROXQWHHUV IURP DQG DJDLQVW DQ\ DQG DOO OLDELOLW\ ORVV GDPDJH H[SHQVH FRVWV
LQFOXGLQJ ZLWKRXW OLPLWDWLRQ FRVWV DQG
IHHV RI OLWLJDWLRQ
RI HYHU\ QDWXUH DULVLQJ RXW RI RU LQ FRQQHFWLRQ ZLWK &RQWUDFWRU¶V SHUIRUPDQFH RI ZRUN KHUHXQGHU RU LWV IDLOXUH WR FRPSO\ ZLWK DQ\ RI LWV REOLJDWLRQV FRQWDLQHG LQ WKLV DJUHHPHQW H[FHSW VXFK ORVV RU GDPDJH ZKLFK ZDV FDXVHG E\ WKH VROH QHJOLJHQFH RU ZLOOIXO PLVFRQGXFW RI WKH &LW\ RI 6WRFNWRQ7KHVH REOLJDWLRQV VKDOO VXUYLYH WKH FRPSOHWLRQ RU WHUPLQDWLRQ RI WKLVDJUHHPHQW
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.
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. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 ATTACHMENT A 32
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

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

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

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

20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

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

22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
5 ATTACHMENT A 33
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

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

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.

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

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 ATTACHMENT A 34
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

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

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

31. Entire Agreement, Integration, and Modification.

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

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

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

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 ATTACHMENT A 35
ϭ
(Rev. 10.30.18Ϳ

EXHIBIT E

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

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $250,000.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

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

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.

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

Reimbursement shall be made at actual costs with no markup added to the actual cost.

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

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

ATTACHMENT A 36
Ϯ
(Rev. 10.30.18Ϳ

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

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

Task Description Task Price
1 Staff Augmentation Services – Procurement $250,000.00 TOTAL PRICE $250,000.00

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 Agreement.

Hourly Billable Rate Schedule
Title
Hourly Billable
Rates
Procurement Manager $170
Contract Staff Support $140
Procurement Analyst Support $110

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 Administrative Services Department
Attention: Kimberly Trammel
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT A 37
1 (Rev, 10.27.22)

EXHIBIT F

TIMELINE

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

1.1 TIMELINE FOR COMPLETION OF WORK

1.1.1 Staff Augmentation Services – November 2023 – February 2024 Procurement (4 months)

2. By mutual agreement of City and Contractor, the services identified above may be extended for an additional monthly period, up to twelve (12) months total, with 30 days advance notice by the City to the Contractor.

ATTACHMENT A 38

Page | 1
(DEC. 2021) rev 1.18.22
Exhibit G

SUBAWARD AGREEMENT
Special Funding Terms and Conditions
The City of Stockton has entered into this agreement using funds governed by the American Rescue Plan Act, distributed by the U.S. Department of the Treasury (“Treasury”). The funding available is governed under sections 602 and 603 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act of 2021 (“ARPA”). The ARPA established the Coronavirus State and Local Fiscal Recovery Funds (the “SLFRF statute”) for eligible recipients to address the economic and health consequences of the pandemic. Under ARPA, the SLFRF statute is to be used for payments for specified uses to certain nonentitlement units of local government. In consideration of the mutual promises contained in this AGREEMENT to carry out the purposes of the subaward on behalf of the City, the CITY and CONTRACTOR agree as follows:

1. SURVIVAL OF PROMISES. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the AGREEMENT expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable federal or state statutes of limitation.

2. SEPARATE ACCOUNTING. The CONTRACTOR will establish a separate account for all funds specified in this AGREEMENT and will use the funds to purchase necessary supplies, defray travel, and will employ the necessary personnel to perform the Work specified in this AGREEMENT. The CONTRACTOR shall also establish and maintain, if applicable, such accounting and documentation of matching expenditures of the CONTRACTOR to satisfy the requirements of the PROJECT.

3. AUDIT. The CITY, and any other appropriate government agency authorized by law, or their duly authorized representatives shall, until five (5) years after final payment under this AGREEMENT, have access to any of the CONTRACTOR’s records related to this AGREEMENT, at the CONTRACTOR’s regular place of business, for the purpose of conducting audits. The period of access for records relating to a) appeals under a dispute, b) litigation or settlement of claims arising from the performance of this AGREEMENT, or c) costs and expenses of this AGREEMENT to which exception has been taken shall continue until such appeals, litigation, claims, or exceptions are disposed of.

4. AUTHORIZED USE OF FUNDS. The CONTRACTOR shall use or expend the funds provided by this AGREEMENT only for the purposes for which they were appropriated. Further, the funds provided by the CITY shall be used by the CONTRACTOR only for the purpose and activities specified in the AGREEMENT, including associated attachments and exhibits which is attached hereto and incorporated herein by reference as if fully set forth here.

5. COMPLIANCE WITH COST PRINCIPLES AND RELATED REGULATIONS. The CONTRACTOR will not be reimbursed for expenditures under this AGREEMENT that do not comply with the ARPA and Related Regulations that are incorporated.

6. PUBLICATIONS. The CONTRACTOR shall be free to publish results of the Work provided that the terms of the PROJECT are met and the review copies of materials intended for publication are submitted to the CITY’s PROJECT Director at least 45 days prior to publication.

7. CONFIDENTIAL INFORMATION. CONTRACTOR acknowledges that it may be necessary for CITY to disclose certain confidential and proprietary information to CONTRACTOR in order for CONTRACTOR to perform duties under this AGREEMENT. CONTRACTOR acknowledges that any disclosure to any third party or any misuse of this proprietary or confidential information may irreparably harm the CITY.

Accordingly, CONTRACTOR will not disclose or use, either during or after the term of this AGREEMENT, any proprietary or confidential information of the CITY without the CITY’s prior written permission.

ATTACHMENT A 39

Page | 2
(DEC. 2021) rev 1.18.22

8. DELAYS. CONTRACTOR shall notify the CITY promptly of any expected delay in performance of services. However, CONTRACTOR shall not be liable for delays in performance beyond reasonable control.

9. ARPA GUIDELINES – CONTRACTOR AS SUBRECIPIENT
CONTRACTOR is classified as a Subrecipient under ARPA, which is an entity that receives a subaward from the CITY to carry out a program on behalf of the CITY using SLFRF funds. As a beneficiary of SLRFR funds from the CITY, CONTRACTOR must comply with the ARPA guidelines in order to be eligible for a grant. The guidelines, titled Compliance and Reporting Guidelines: State and Local Fiscal Recovery Funds, as amended by Treasury (the “Guidelines”), are incorporated into this AGREEMENT by reference. The Guidelines can be found at https://home.treasury.gov/policyissues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local-fiscal-recoveryfunds/recipient-compliance-and-reporting-responsibilities. In ensuring compliance with these Guidelines, CONTRACTOR serves as a first line of defense against fraud, waste, and abuse of federal money.

As further described in the Guidelines, CONTRACTOR will generally be subject to the requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards, 2 CFR Part 200. This includes, but is not limited to,
A. The implementation of internal controls and effective monitoring to ensure compliance with 2 CFR Part 200, including generally identifying direct and indirect costs and treating each cost consistently in like circumstances.

B. Ensuring that procurements using SLFRF funds, or payments under procurement contracts using such funds, are consistent with the procurement standards set forth in the Uniform Guidance at 2 CFR § 200.317 through 2 CFR § 200.327, as applicable.

C. If CONTRACTOR expends more than $750,000 in Federal awards during its fiscal year, submitting to an audit under the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F.

The CITY may request detailed expenditure information from CONTRACTOR in order for CITY to comply with its own reporting obligations. CONTRACTOR will be required to promptly provide any requested information to the CITY, even after the award term has expired. Among other things, the CITY may require information about the structure and objectives of the PROGRAM and information about how many individuals have been served by CONTRACTOR.

ATTACHMENT A 40
Page | 3
(DEC. 2021) rev 1.18.22
Exhibit G

APPENDIX II

CONTRACT PROVISIONS UNDER FEDERAL AWARD

FEDERAL FUNDS
Federal regulations (2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II) require the City to include certain contract clauses in this agreement.

The US Department of Homeland Security (DHS) – Federal Emergency Management Agency (FEMA) recommends other certain contract clauses be included.

Based on the table below, any clause identified with a check mark (9) next to it is hereby incorporated into this contract agreement. The full language of each clause can be found in this EXHIBIT G.

CONTRACT TYPES

1. Construction Contracts

1.1 Equal Employment Opportunity

1.2 Davis Bacon Act

1.3 Copeland “Anti-Kickback” Act

2. All Contracts

2.1 Contract Work Hours and Safety Standards Act

2.2 Clean Air Act and Federal Water Pollution Control Act

2.3 Debarment and Suspension

2.4 Byrd Anti-Lobbying Amendment

2.5 Procurement of Recovered Materials

2.6 Access to Records

2.7 DHS Seal, Logo, and Flags

2.8 Compliance with Federal Law, Regulations and Executive Orders

2.9 No Obligation by Federal Government

2.10 Program Fraud and False or Fraudulent Statements or Related Acts
Checked provisions are hereby incorporated into the
contract agreement.

Following are the FEMA requirement or recommendation
clauses listed above for contract incorporation.

Check (9)
Applicable
Clauses
Construction

1.1 1.2

1.3 Check (9)
Applicable
Clauses
All Contracts

2.1 2.2

2.3 9

2.4 9

2.5 9

2.6 9

2.7 9

2.8 9

2.9 9

2.10 9
ATTACHMENT A 41

Page | 4
(DEC. 2021) rev 1.18.22

1.1 Equal Employment Opportunity
Requirement for construction work
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.

The contractor will take such action with respect to any subcontract or purchase order as the ATTACHMENT A 42

Page | 5
(DEC. 2021) rev 1.18.22
administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

1.2 Compliance with Davis-Bacon Act
Requirement for construction work
a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c. Additionally, contractors are required to pay wages not less than once a week.

1.3 Compliance with the Copeland “Anti-Kickback” Act
Requirement for construction work > $2k
a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

ATTACHMENT A 43
Page | 6
(DEC. 2021) rev 1.18.22
c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

2.1 Compliance with Contract Work Hours and Safety Standards Act Requirement for contracts > $100k plus mechanics & laborers (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

2.2 Clean Air Act and the Federal Water Pollution Control Act Requirement for contracts > $150k
Clean Air Act
The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The contractor agrees to report each violation to the &LW\RI6WRFNWRQ and understands and agrees that the &LW\RI6WRFNWRQwill, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

ATTACHMENT A 44
Page | 7
(DEC. 2021) rev 1.18.22
Federal Water Pollution Control Act
The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The contractor agrees to report each violation to the &LW\RI6WRFNWRQB and understands and agrees that the &LW\RI6WRFNWRQZill, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

2.3 Debarment and Suspension

This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by B&LW\RI6WRFNWRQBBBBBBB. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (insert name of recipient/subrecipient/applicant), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

2.4 Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification found at APPENDIX A, 44 C.F.R. PART 18:

ATTACHMENT A 45
Page | 8
(DEC. 2021) rev 1.18.22
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor,________________________________ , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap.38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date:

Periscope Holdings, Inc. Mark Eigenbauer, President
DocuSign Envelope ID: B9B164C5-270C-4E59-AC16-435D0DCA8F81 10/11/2023
ATTACHMENT A 46
Page | 9
(DEC. 2021) rev 1.18.22

2.5 Procurement of Recovered Materials
In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

1. Competitively within a timeframe providing for compliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.

Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

2.6 Access to Records
The following access to records requirements apply to this contract:

The Contractor agrees to provide the City of Stockton&LW\0DQDJHU, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

In compliance with the Disaster Recovery Act of 2018, the City of Stockton and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

2.7 DHS Seal, Logo and Flags
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval

2.8 Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

2.9 No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

2.10 Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

ATTACHMENT A 47
^d&&h'D
Edd/KE^
Zs/
^
ĨŽƌ
/dzK&^dK<dKE͕
^ƵďŵŝƚƚĞĚďǇ͗
E/'WŽŶƐƵůƚŝŶŐ;ƉŽǁĞƌĞĚďǇWĞƌŝƐĐŽƉĞͿ
WĞƌŝƐĐŽƉĞ,ŽůĚŝŶŐƐ͕/ŶĐ͘
ϱϬϬϬWůĂǌĂŽŶƚŚĞ>ĂŬĞ͕^ƵŝƚĞϭϬϬ
ƵƐƚŝŶ͕dyϳϴϳϰϲ
WƌŽƉŽƐĂůŽŶƚĂĐƚ͗
DĂƌĐŚĞƚĂ'ŝůůĞƐƉŝĞ͕&E/'W͕WWK͕͘W͘D͕͘WW͕WD͕E/'WͲWW WƌĞƐŝĚĞŶƚE/'WŽĚĞΘŽŶƐƵůƚŝŶŐ͕
;ϱϮϬͿϵϰϬͲϳϭϵϰ
ŵŐŝůůĞƐƉŝĞΛŶŝŐƉ͘ĐŽŵ
^ĞƉƚĞŵďĞƌϭϰ͕ϮϬϮϯ
ATTACHMENT A 48
ϮͮWĂŐĞ
/͘ WƌŽũĞĐƚ^ĐŽƉĞʹ^ƚĂĨĨƵŐŵĞŶƚĂƚŝŽŶ^ĞƌǀŝĐĞƐ
E/'W ŽŶƐƵůƚŝŶŐ ƉƌŽƉŽƐĞƐ ƚŽ ƉƌŽǀŝĚĞ ƉƌŽĨĞƐƐŝŽŶĂů ƐƚĂĨĨĂƵŐŵĞŶƚĂƚŝŽŶ ƐĞƌǀŝĐĞƐ ƚŽ ƚŚĞ ŝƚǇ ŽĨ ^ƚŽĐŬƚŽŶ ;͞ŝƚǇ͟ͿŽŶĂŶĂƐŶĞĞĚĞĚ͕ǁŚĞŶŶĞĞĚĞĚďĂƐŝƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƐĐŽƉĞŽĨƐĞƌǀŝĐĞƐŚĞƌĞŝŶ͘ ͘ ^ƚĂĨĨƵŐŵĞŶƚĂƚŝŽŶ^ĞƌǀŝĐĞƐ͗WƌŽĐƵƌĞŵĞŶƚDĂŶĂŐĞƌ
E/'W ŽŶƐƵůƚŝŶŐ ǁŝůů ƉƌŽǀŝĚĞ ƵƉ ƚŽ ϰϬ ŚŽƵƌƐ ƉĞƌ ǁĞĞŬ ŽĨ ƐƚĂĨĨ ĂƵŐŵĞŶƚĂƚŝŽŶ ƐĞƌǀŝĐĞƐ ĨŽƌ Ă WƌŽĐƵƌĞŵĞŶƚDĂŶĂŐĞƌƚŽƚŚĞŝƚǇ͘dŚĞĂƐƐŝŐŶĞĚŽŶƐƵůƚĂŶƚƐĞƌǀŝŶŐŝŶƚŚĞDĂŶĂŐĞƌƌŽůĞƐŚĂůůƉƌŽǀŝĚĞ ƐĞƌǀŝĐĞƐƚŽŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚďĞůŝŵŝƚĞĚƚŽƚŚĞĨŽůůŽǁŝŶŐ͗ x KǀĞƌƐĞĞƉƌŽĐƵƌĞŵĞŶƚŽƉĞƌĂƚŝŽŶƐ͕ŝŶĐůƵĚŝŶŐĂƐƐŝŐŶŵĞŶƚŽĨǁŽƌŬ͕ƌĞǀŝĞǁŽĨǁŽƌŬĂŶĚŽǀĞƌĂůů ŵĂŶĂŐĞŵĞŶƚŽĨƉƌŽĐƵƌĞŵĞŶƚƉƌŽũĞĐƚƐ͘
x 'ƵŝĚĞĂŶĚŵĂŶĂŐĞWƌŽĐƵƌĞŵĞŶƚƐƚĂĨĨŵĞŵďĞƌƐ͘
x KǀĞƌƐĞĞƚŚĞĂĚŵŝŶŝƐƚƌĂƚŝŽŶŽĨƚŚĞWƌŽĐƵƌĞŵĞŶƚŝǀŝƐŝŽŶƉƌŽŐƌĂŵĂƌĞĂƐ͘ x KǀĞƌƐĞĞĐŽŵƉůŝĂŶĐĞǁŝƚŚƉŽůŝĐŝĞƐĂŶĚƉƌŽĐĞĚƵƌĞƐ͘
x DĞĞƚƌĞŐƵůĂƌůǇǁŝƚŚ/dzΖƐŚŝĞĨ&ŝŶĂŶĐŝĂůKĨĨŝĐĞƌƚŽĚŝƐĐƵƐƐƉƌŽũĞĐƚƐĂŶĚŝƐƐƵĞƐ͘ x WƌĞƉĂƌĞƌĞƉŽƌƚƐ͕ĂƐƌĞƋƵĞƐƚĞĚ͘
x WĂƌƚŝĐŝƉĂƚĞ͕ĂƐƌĞƋƵĞƐƚĞĚ͕ŝŶĂŶǇĐĂůůƐ͕ŵĞĞƚŝŶŐƐ͕ĞŵĂŝůƐŽƌŽƚŚĞƌĐŽŵŵƵŶŝĐĂƚŝŽŶƐĂŶĚ ĞŶŐĂŐĞŵĞŶƚƐƌĞůĂƚĞĚƚŽƉƵƌĐŚĂƐŝŶŐĂŶĚĐŽŶƚƌĂĐƚƐĞƌǀŝĐĞƐĂĐƚŝǀŝƚŝĞƐ͘ x ĞǀĞůŽƉƐƉĞĐŝĨŝĐĂƚŝŽŶƐĂŶĚƐĐŽƉĞƐŽĨǁŽƌŬǁŝƚŚ/dzĐůŝĞŶƚƐͬĐƵƐƚŽŵĞƌƐ͘ x KǀĞƌƐĞĞƐŽƵƌĐŝŶŐƉƌŽĐĞƐƐĞƐĨŽƌ/dz͕ŝŶĐůƵĚŝŶŐĚĞǀĞůŽƉŝŶŐĂŶĚĨĂĐŝůŝƚĂƚŝŶŐƐŽůŝĐŝƚĂƚŝŽŶƐĨŽƌŐŽŽĚƐ ĂŶĚƐĞƌǀŝĐĞƐƌĞƋƵŝƌĞĚďǇ/dz͘
x ĞǀĞůŽƉĚŽĐƵŵĞŶƚĂƚŝŽŶƌĞůĂƚĞĚƚŽƚŚĞƐŽƵƌĐŝŶŐƉƌŽĐĞƐƐ͕ŝŶĐůƵĚŝŶŐĐŽŶƚƌĂĐƚĂǁĂƌĚ ƌĞĐŽŵŵĞŶĚĂƚŝŽŶĐŽŵŵƵŶŝĐĂƚŝŽŶƐ͘
x ƐƐŝƐƚŝŶƚŚĞŽǀĞƌƐŝŐŚƚĂŶĚƌĞǀŝĞǁŽĨ/dzĐŽŶƚƌĂĐƚƐĂŶĚĐŽŶƚƌĂĐƚŵŽĚŝĨŝĐĂƚŝŽŶƐ͘ x ZĞƐĞĂƌĐŚĂŶĚŵĂŝŶƚĂŝŶĂŶƵŶĚĞƌƐƚĂŶĚŝŶŐŽĨ/dzĂŶĚ^ƚĂƚĞŽĨƌĞŐƵůĂƚŝŽŶƐ͕ƉŽůŝĐŝĞƐĂŶĚ ƉƌŽĐĞĚƵƌĞƐ͘
x ZĞƐĞĂƌĐŚůĞŐĂůŝƐƐƵĞƐƌĞůĂƚĞĚƚŽƉƵƌĐŚĂƐŝŶŐĂŶĚĐŽŵŵƵŶŝĐĂƚĞǁŝƚŚůĞŐĂůĐŽƵŶƐĞůƚŽĂĚĚƌĞƐƐďŝĚ ƉƌŽƚĞƐƚƐŽƌĐŚĂůůĞŶŐĞƐĚƵƌŝŶŐƚŚĞďŝĚĚŝŶŐƉƌŽĐĞƐƐŽƌĂŶƐǁĞƌƉŽƐƚͲďŝĚƋƵĞƐƚŝŽŶƐ͘ x DĂŝŶƚĂŝŶƌĞŐƵůĂƌĐŽŵŵƵŶŝĐĂƚŝŽŶƐǁŝƚŚ/dzƉƌŽĐƵƌĞŵĞŶƚƚĞĂŵŵĞŵďĞƌƐ͘ x <ĞĞƉůĞĂĚĞƌƐŚŝƉĂĚǀŝƐĞĚŽĨĂŶǇƉƌŽĐƵƌĞŵĞŶƚŝƐƐƵĞƐƌĞƋƵŝƌŝŶŐĂƚƚĞŶƚŝŽŶ͕ĂĐƚŝŽŶƐŽƌĚĞĐŝƐŝŽŶƐŶŽƚ ǁŝƚŚŝŶƚŚĞƐĐŽƉĞŽĨƚŚĞDĂŶĂŐĞƌ͛ƐƉƵƌǀŝĞǁ͘
͘ ŽŶĚŝƚŝŽŶƐŽĨ^ĞƌǀŝĐĞ
ůŝĞŶƚŵĂǇĂƐƐŝŐŶŽƚŚĞƌƉƌŽĐƵƌĞŵĞŶƚͲƌĞůĂƚĞĚǁŽƌŬƚŽŽŶƐƵůƚĂŶƚ͘ŽŶƐƵůƚĂŶƚǁŝůůŶŽƚƐĞƌǀĞĂƐĂŶ ŐĞŶƚĨŽƌƚŚĞŝƚǇĂŶĚǁŝůůŶŽƚŵĂŬĞĨŽƌŵĂůĚĞĐŝƐŝŽŶƐŽŶďĞŚĂůĨŽĨƚŚĞŝƚǇ͕ƐƵĐŚĂƐƐŝŐŶŝŶŐĐŽŶƚƌĂĐƚƐ͕ ŵĂŬŝŶŐĚĞĐŝƐŝŽŶƐŽŶƉƌŽƚĞƐƚƐ͕ĐŽŶƚƌĂĐƚƚĞƌŵŝŶĂƚŝŽŶƐŽƌƌĞůĂƚĞĚĂĐƚŝŽŶƐ͘ůůƐƵĐŚĂĐƚŝŽŶƐĂŶĚ ĚĞĐŝƐŝŽŶƐ ŵƵƐƚďĞĐŽŶĚƵĐƚĞĚďǇƚŚĞŝƚǇ͘ŽŶƐƵůƚĂŶƚŝƐĂůƐŽƉƌĞĐůƵĚĞĚĨƌŽŵĐŽŶĚƵĐƚŝŶŐŽƌŚĂǀŝŶŐĂ ƌŽůĞŝŶĂŶǇ ƐŽƵƌĐŝŶŐĂĐƚŝǀŝƚŝĞƐĨŽƌĞWƌŽĐƵƌĞŵĞŶƚƐǇƐƚĞŵƐŽƌƉƌŽĐƵƌĞŵĞŶƚŵĂƌŬĞƚƉůĂĐĞƐĞƌǀŝĐĞƐ͘ ŽŶƐƵůƚĂŶƚǁŝůů ďĞƌĞƐƉŽŶƐŝďůĞĨŽƌƚƌĂĐŬŝŶŐŚŽƵƌƐŝŶĐƵƌƌĞĚƚŽĞŶƐƵƌĞĐŽŵƉůŝĂŶĐĞǁŝƚŚĞƐƚĂďůŝƐŚĞĚ ƐĐŚĞĚƵůĞ ĞǆƉĞĐƚĂƚŝŽŶƐ͘,ŽƵƌƐĂƌĞƚƌĂĐŬĞĚŝŶϯϬͲŵŝŶƵƚĞŝŶĐƌĞŵĞŶƚƐ͕ƚŽŝŶĐůƵĚĞĚĞƐĐƌŝƉƚŝŽŶŽĨǁŽƌŬ ƉĞƌĨŽƌŵĞĚ ĚƵƌŝŶŐƚŚĞƉĞƌŝŽĚ͘
ŽŶƐƵůƚĂŶƚǁŝůůǁŽƌŬďŽƚŚŽŶͲƐŝƚĞĂŶĚƌĞŵŽƚĞůǇͬǀŝƌƚƵĂůůǇ͘ƐĐŚĞĚƵůĞĨŽƌĞĂĐŚǁŝůůďĞĞƐƚĂďůŝƐŚĞĚ ďĞƚǁĞĞŶƚŚĞƚǁŽƉĂƌƚŝĞƐ͘ůůƚƌĂǀĞůǁŝůůƌĞƋƵŝƌĞĂĚǀĂŶĐĞĂƉƉƌŽǀĂůĨƌŽŵƚŚĞŝƚǇĂŶĚǁŝůůĐŽŵƉůǇǁŝƚŚ ATTACHMENT A 49
ϯͮWĂŐĞ
ƚŚĞE/'WŽŶƐƵůƚŝŶŐ͛ƐƚƌĂǀĞůƉŽůŝĐǇ͘E/'WŽŶƐƵůƚŝŶŐǁŝůůŝŶǀŽŝĐĞŽŶĂŵŽŶƚŚůǇďĂƐŝƐĨŽƌ ƌĞŝŵďƵƌƐĞŵĞŶƚŽĨƚƌĂǀĞůͲƌĞůĂƚĞĚĞǆƉĞŶƐĞƐ͘
WƌŝŽƌƚŽE/'WŽŶƐƵůƚŝŶŐ͛ƐĐŽŵŵĞŶĐĞŵĞŶƚŽĨƚŚĞǁŽƌŬ͕ƚŚĞŝƚǇWƌŽũĞĐƚDĂŶĂŐĞƌĂŶĚĚĞƐŝŐŶĂƚĞĚ ŝƚǇƐƚĂĨĨƐŚĂůůŵĞĞƚǀŝƌƚƵĂůůǇǁŝƚŚE/'WŽŶƐƵůƚŝŶŐƚŽĞŶƐƵƌĞƵŶĚĞƌƐƚĂŶĚŝŶŐŽĨƚŚĞ^ĐŽƉĞŽĨtŽƌŬ ĂŶĚĞǆƉĞĐƚĂƚŝŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘
͘ ŝƚǇWƌŽǀŝĚĞĚ^ƵƉƉŽƌƚ
dŚĞĨŽůůŽǁŝŶŐůĞǀĞůŽĨƐƵƉƉŽƌƚŝƐĞǆƉĞĐƚĞĚĨƌŽŵƚŚĞŝƚǇƚŚƌŽƵŐŚŽƵƚƚŚĞĞŶŐĂŐĞŵĞŶƚ͗ x ŝƌĞĐƚŝŽŶͬ^ƵƉĞƌǀŝƐŝŽŶʹŝƚǇǁŝůůƉƌŽǀŝĚĞŐƵŝĚĂŶĐĞ͕ĚŝƌĞĐƚŝŽŶĂŶĚƐƵƉĞƌǀŝƐŝŽŶƚŽE/'WŽŶƐƵůƚŝŶŐ ŽŶĂƚŝŵĞůǇďĂƐŝƐ͘ŝƚǇǁŝůůƉƌŽǀŝĚĞƚŝŵĞůǇƌĞƋƵŝƌĞĚĂƉƉƌŽǀĂůƐŽŶĂůůĂƉƉƌŽƉƌŝĂƚĞǁŽƌŬ͘ŝƚǇǁŝůů ĞŶƐƵƌĞƚŚĂƚƚŚĞĂƐƐŝŐŶĞĚŽŶƐƵůƚĂŶƚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŚĂƐƚŚĞůĞǀĞůŽĨƐƵƉƉŽƌƚƌĞƋƵŝƌĞĚƚŽ ƐƵĐĐĞƐƐĨƵůůǇĐŽŵƉůĞƚĞƚŚĞƐĐŽƉĞŽĨǁŽƌŬ͕ŝŶĐůƵĚŝŶŐĂŶǇƌĞƋƵŝƌĞĚŝŶƚĞƌǀĞŶƚŝŽŶŽŶŵĂƚƚĞƌƐǁŝƚŚ ŽƚŚĞƌŝƚǇƐƚĂĨĨ͕ůĞĂĚĞƌƐŚŝƉŽƌƉŽůŝƚŝĐĂůŽĨĨŝĐŝĂůƐ͘
x dƌĂŝŶŝŶŐʹŝƚǇǁŝůůƉƌŽǀŝĚĞŶĞĐĞƐƐĂƌǇĂŶĚĂƉƉƌŽƉƌŝĂƚĞƚƌĂŝŶŝŶŐ ĨŽƌ ƚŚĞĂƐƐŝŐŶĞĚŽŶƐƵůƚĂŶƚŝŶ ŽƌĚĞƌĨŽƌŽŶƐƵůƚĂŶƚƚŽĐŽŵƉůĞƚĞĂůůĂƐƐŝŐŶĞĚǁŽƌŬƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘ x ĐĐĞƐƐƚŽZĞƋƵŝƌĞĚ^ǇƐƚĞŵƐʹŝƚǇǁŝůůƉƌŽǀŝĚĞĂĐĐĞƐƐƚŽĂůůƐǇƐƚĞŵƐƌĞƋƵŝƌĞĚĨŽƌ ƚŚĞĂƐƐŝŐŶĞĚ ŽŶƐƵůƚĂŶƚƚŽĐŽŵƉůĞƚĞĂůůĂƐƐŝŐŶĞĚǁŽƌŬ͘
x KƚŚĞƌƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚĞůŝĞŶƚŵĂǇďĞĚĞƚĞƌŵŝŶĞĚĚƵƌŝŶŐƚŚĞ<ŝĐŬKĨĨŵĞĞƚŝŶŐĂĨƚĞƌĂǁĂƌĚ͘ //͘ WƌŽũĞĐƚ^ĐŚĞĚƵůĞ
^ƚĂĨĨƵŐŵĞŶƚĂƚŝŽŶ^ĞƌǀŝĐĞƐǁŝůůďĞƉƌŽǀŝĚĞĚŽŶĂŵƵƚƵĂůůǇĂŐƌĞĞĂďůĞƐĐŚĞĚƵůĞĚĞƚĞƌŵŝŶĞĚďǇďŽƚŚ ƉĂƌƚŝĞƐŽŶĂŵŽŶƚŚůǇďĂƐŝƐ͕ĨƌŽŵƚŚĞĞĨĨĞĐƚŝǀĞĚĂƚĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌĂƉĞƌŝŽĚŽĨĨŽƵƌ;ϰͿŵŽŶƚŚƐ͘ dŚĞĞŶŐĂŐĞŵĞŶƚŵĂǇƚŚĞŶďĞĞǆƚĞŶĚĞĚƵƉŽŶŵƵƚƵĂůĂŐƌĞĞŵĞŶƚŽĨďŽƚŚƉĂƌƚŝĞƐĨŽƌĂŶĂĚĚŝƚŝŽŶĂů ŵŽŶƚŚůǇƉĞƌŝŽĚƵƉƚŽŽŶĞǇĞĂƌǁŝƚŚϯϬĚĂǇƐĂĚǀĂŶĐĞŶŽƚŝĐĞ͘ ///͘ ŽŶƚƌĂĐƚ&ĞĞĂŶĚ^ĞƌǀŝĐĞZĂƚĞƐ
^ƚĂĨĨƵŐŵĞŶƚĂƚŝŽŶ,ŽƵƌůǇZĂƚĞƐ͗
WƌŽĐƵƌĞŵĞŶƚDĂŶĂŐĞƌ^ƵƉƉŽƌƚ ΨϭϳϬͬŚƌ;ŽŶͲƐŝƚĞŽƌǀŝƌƚƵĂůͿ dŚĞĞƐƚŝŵĂƚĞĚǁĞĞŬůǇĞǆƉĞŶƐĞĨŽƌƚŚĞŽŶƐƵůƚĂŶƚƚŽƚƌĂǀĞůƚŽĂŶĚĨƌŽŵƚŚĞŝƌďĂƐĞůŽĐĂƚŝŽŶƚŽƚŚĞŝƚǇŝƐ ΨϮ͕ϬϬϬ͘ϬϬĨŽƌĂϱĚĂǇŽŶͲƐŝƚĞĞŶŐĂŐĞŵĞŶƚ͘dƌĂǀĞůͲƌĞůĂƚĞĚĞǆƉĞŶƐĞƐǁŝůůďĞďŝůůĞĚĂƚĐŽƐƚŝŶĂĐĐŽƌĚĂŶĐĞ ǁŝƚŚE/'WŽŶƐƵůƚŝŶŐƚƌĂǀĞůƌĂƚĞƐ͗
ΨϴϬͬĚĂǇ;ŵĂǆŝŵƵŵͿ WĞƌŝĞŵ
ΨϭϳϱͬŶŝŐŚƚ;ŵĂǆŝŵƵŵͿ >ŽĚŐŝŶŐ
dƌĂǀĞůͲƌĞůĂƚĞĚ ĞǆƉĞŶƐĞƐ ǁŝůů ĂůƐŽ ŝŶĐůƵĚĞ ƌĞĂƐŽŶĂďůĞ ƚƌĂŶƐƉŽƌƚĂƚŝŽŶ ;ƌĞŶƚĂů ĐĂƌͿ͕ ƉĂƌŬŝŶŐ ĂŶĚ ŵŝůĞĂŐĞ ƚŽͬĨƌŽŵŽŶƐƵůƚĂŶƚ͛ƐďĂƐĞůŽĐĂƚŝŽŶ͕ĂŝƌĨĂƌĞ͕ůƵŐŐĂŐĞĨĞĞƐĂŶĚŽƚŚĞƌĚŝƌĞĐƚůǇƌĞůĂƚĞĚƚƌĂǀĞůĞǆƉĞŶƐĞƐ͘ ATTACHMENT A 50
ϰͮWĂŐĞ
/s͘ Billing
ŝůůŝŶŐĨŽƌ^ƚĂĨĨƵŐŵĞŶƚĂƚŝŽŶ^ĞƌǀŝĐĞƐǁŝůůďĞŵŽŶƚŚůǇĂƚƚŚĞĐŽŶƚƌĂĐƚĞĚŚŽƵƌůǇƌĂƚĞ͕ŝŶĐůƵĚŝŶŐƚƌĂǀĞůͲ ƌĞůĂƚĞĚĞǆƉĞŶƐĞƐĨŽƌƚŚĞŵŽŶƚŚ͘^ĞƌǀŝĐĞƐĂƌĞĚĞĞŵĞĚĂĐĐĞƉƚĞĚĂƐƚŚĞǇĂƌĞƉƌŽǀŝĚĞĚƚŽƚŚĞŝƚǇ͘dĞƌŵƐ ĨŽƌĂůůŝŶǀŽŝĐŝŶŐĂƌĞƵĞhƉŽŶZĞĐĞŝƉƚ͘
s͘ ^ƚĂƚĞŵĞŶƚKĨYƵĂůŝĨŝĐĂƚŝŽŶƐŶĚ
ǆƉĞƌŝĞŶĐĞ
E/'WŽŶƐƵůƚŝŶŐʹŽŶƐƵůƚŝŶŐdĞĂŵYƵĂůŝĨŝĐĂƚŝŽŶƐ
KƵƌĐŽŶƐƵůƚĂŶƚƐĂƌĞĐƵƌƌĞŶƚĂŶĚĨŽƌŵĞƌƉƵďůŝĐƉƌŽĐƵƌĞŵĞŶƚƉƌĂĐƚŝƚŝŽŶĞƌƐ͘dŚĞŝƌĞǆƉĞƌŝĞŶĐĞĂŶĚ ĞǆƉĞƌƚŝƐĞĂƌĞďĂƐĞĚƵƉŽŶƚŚĞŝƌůĞĂĚĞƌƐŚŝƉĂŶĚĞǆĞĐƵƚŝǀĞƉŽƐŝƚŝŽŶƐǁŝƚŚŐŽǀĞƌŶŵĞŶƚĞŶƚŝƚŝĞƐĂƐǁĞůůĂƐ ƚŚĞŝƌƐĞƌǀŝĐĞĂƐĐŽŶƐƵůƚĂŶƚƐƵŶĚĞƌĐŽŶƚƌĂĐƚĞĚĞŶŐĂŐĞŵĞŶƚƐ͘ ĂƐĞĚƵƉŽŶƚŚĞŝƌŝŶĚŝǀŝĚƵĂůĂŶĚĐŽůůĞĐƚŝǀĞĞǆƉĞƌŝĞŶĐĞŝŶƉƵďůŝĐƐĞĐƚŽƌƉƌŽĐƵƌĞŵĞŶƚ͕ƉƌŽĐƵƌĞŵĞŶƚ ůĞĂĚĞƌƐŚŝƉĂŶĚĞǆƚĞŶƐŝǀĞĞŶŐĂŐĞŵĞŶƚŝŶƚŚĞƉƵďůŝĐƉƌŽĐƵƌĞŵĞŶƚĐŽŵŵƵŶŝƚǇ͕ŽƵƌŽŶƐƵůƚŝŶŐdĞĂŵ ďƌŝŶŐƐƉƌŽŐƌĞƐƐŝǀĞĞǆƉĞƌŝĞŶĐĞŝŶ͗
x 'ŽŽĚƐ͕ƐĞƌǀŝĐĞƐ͕ĚĞƐŝŐŶ͕ĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶĐŽŶƚƌĂĐƚŝŶŐ͘ x ĐƋƵŝƐŝƚŝŽŶƐ͕ŝŶǀĞŶƚŽƌǇŵĂŶĂŐĞŵĞŶƚĂŶĚƐƵƉƉůǇĐŚĂŝŶůŽŐŝƐƚŝĐƐ͘ x >ĂƌŐĞĂŶĚĐŽŵƉůĞǆƉƌŽũĞĐƚƚĂƐŬƐ͕ŝŶĐůƵĚŝŶŐƉůĂŶŶŝŶŐ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶĂŶĚƐĐŽƉĞŽĨǁŽƌŬ ĚĞǀĞůŽƉŵĞŶƚ͕ŵĂƌŬĞƚƌĞƐĞĂƌĐŚ͕ĐŽƐƚĂŶĚƉƌŝĐĞĂŶĂůǇƐŝƐ͕ŶĞŐŽƚŝĂƚŝŽŶƐ͕ĐŽŶƚƌĂĐƚŽƌƉĞƌĨŽƌŵĂŶĐĞ ĂƐƐĞƐƐŵĞŶƚ͕ĐŽŶƚƌĂĐƚŵĂŶĂŐĞŵĞŶƚĂŶĚĐŽŶƚƌĂĐƚĐůŽƐĞŽƵƚ͘ x ĞƐƚƉƌĂĐƚŝĐĞƐŝŶƉƵďůŝĐƉƌŽĐƵƌĞŵĞŶƚ͘
x WƌŽĐƵƌĞŵĞŶƚƚĞĐŚŶŽůŽŐǇĂŶĚƐŽůƵƚŝŽŶƐ͕ŝŶĐůƵĚŝŶŐtŽƌĚ͕ ǆĐĞů͕WŽǁĞƌWŽŝŶƚ͕ĂŶĚKƵƚůŽŽŬ͘
x KƌĂůĂŶĚǁƌŝƚƚĞŶĐŽŵŵƵŶŝĐĂƚŝŽŶƐŬŝůůƐ͘
x WƌŽũĞĐƚŵĂŶĂŐĞŵĞŶƚ͕ŝŶĐůƵĚŝŶŐƐĐŚĞĚƵůĞĂŶĚďƵĚŐĞƚŵĂŶĂŐĞŵĞŶƚ͘ x
ǆƉĞƌƚĂĚǀŝĐĞĂŶĚŐƵŝĚĂŶĐĞƚŽƐĞŶŝŽƌůĞǀĞůƐƚĂĨĨŵĞŵďĞƌƐ͘ KƵƌŽŶƐƵůƚŝŶŐdĞĂŵƵŶĚĞƌƐƚĂŶĚƐƚŚĂƚĞǀĞƌǇƉƵďůŝĐŽƌŐĂŶŝǌĂƚŝŽŶŚĂƐĂƵŶŝƋƵĞĐƵůƚƵƌĞ͘ƐĂƚĞĂŵ͕ǁĞ ŐĂƚŚĞƌŝŶĨŽƌŵĂƚŝŽŶŽŶƚŚĞŐŽĂůƐŽĨƚŚĞŽƌŐĂŶŝǌĂƚŝŽŶĨŽƌƚŚĞĞŶŐĂŐĞŵĞŶƚĂƐǁĞůůĂƐŽŶƚŚĞĐƵůƚƵƌĞŽĨƚŚĞ ŽƌŐĂŶŝǌĂƚŝŽŶ͘tĞĂƌĞƉƌĞƉĂƌĞĚƚŽďƌŝŶŐŝŵŵĞĚŝĂƚĞǀĂůƵĞ͕ŝŶĐůƵĚŝŶŐŝŵƉůĞŵĞŶƚŝŶŐƐƉĞĐŝĨŝĐďĞƐƚƉƌĂĐƚŝĐĞ ƉƌŽĐƵƌĞŵĞŶƚĂŶĚĐŽŶƚƌĂĐƚŝŶŐƐƚƌĂƚĞŐŝĞƐĨŽƌƚŚĞĞŶƚŝƚǇƚŽĂƐƐŝƐƚŝŶǇŽƵƌŽƉĞƌĂƚŝŽŶ͘KƵƌƚĞĂŵŝƐ ĞǆƉĞƌŝĞŶĐĞĚǁŝƚŚƚŚĞĚǇŶĂŵŝĐƐŽĨƉŽůŝƚŝĐĂůĞŶǀŝƌŽŶŵĞŶƚƐ͘ &ƵƌƚŚĞƌ͕ǁĞƌĞĐŽŐŶŝǌĞƚŚĞŝŵƉŽƌƚĂŶĐĞŽĨĞƐƚĂďůŝƐŚŝŶŐƐƚĂŶĚĂƌĚƚŽŽůƐĂŶĚƚĞŵƉůĂƚĞƐƚŽĞŶƐƵƌĞ ĐŽŶƐŝƐƚĞŶĐǇƚŚƌŽƵŐŚŽƵƚĐŽŵƉůĞǆƉƌŽĐƵƌĞŵĞŶƚĂŶĚĐŽŶƚƌĂĐƚŝŶŐĨƵŶĐƚŝŽŶƐ͘E/'WŽŶƐƵůƚŝŶŐŵĂŝŶƚĂŝŶƐ ĐŽŶĨŝĚĞŶƚŝĂůŝƚǇ͕ĨŽĐƵƐŝŶŐŽŶĚĞǀĞůŽƉŝŶŐĐůŽƐĞĐůŝĞŶƚƌĞůĂƚŝŽŶƐŚŝƉƐĂŶĚďƵŝůĚŝŶŐƚƌƵƐƚǁŝƚŚǇŽƵƌĞŶƚŝƚǇ ƚĞĂŵ͘
ATTACHMENT A 51
ϱͮWĂŐĞ
s/͘ E/'WŽŶƐƵůƚŝŶŐͲͲŽƌƉŽƌĂƚĞYƵĂůŝĨŝĐĂƚŝŽŶƐ
E/'WŽŶƐƵůƚŝŶŐŝƐƉŽǁĞƌĞĚďǇWĞƌŝƐĐŽƉĞ,ŽůĚŝŶŐƐ͕/ŶĐ͘;͞W,/͟Ϳ͕ĂƉƌŝǀĂƚĞĐŽƌƉŽƌĂƚŝŽŶƚŚĂƚŚĂƐďĞĞŶ ĞŶƚƌƵƐƚĞĚďǇE/'WʹdŚĞ/ŶƐƚŝƚƵƚĞĨŽƌWƵďůŝĐWƌŽĐƵƌĞŵĞŶƚ;͞E/'W͟ͿǁŝƚŚƚŚĞĐƵƐƚŽĚŝĂŶƐŚŝƉĂŶĚ ŵĂŶĂŐĞŵĞŶƚŽĨƚŚĞE/'WŽŶƐƵůƚŝŶŐƉƌŽŐƌĂŵ͘ /ŶĂĚĚŝƚŝŽŶƚŽŵĂŶĂŐŝŶŐƚŚĞE/'WŽŶƐƵůƚŝŶŐƉƌŽŐƌĂŵ͕ W,/ŝƐƚŚĞƐŽůĞĐƵƐƚŽĚŝĂŶŽĨƚŚĞE/'WŽŵŵŽĚŝƚǇͬ^ĞƌǀŝĐĞƐŽĚĞ͘tŝƚŚŝƚƐĞǆƉĞƌŝĞŶĐĞĂŶĚƌŽůĞŝŶ ƐƵƉƉŽƌƚŽĨƚŚĞE/'WŽŶƐƵůƚŝŶŐWƌŽŐƌĂŵ͕W,/ƋƵĂůŝĨŝĞƐ͕ƐƵƉƉŽƌƚƐ͕ĂŶĚŵĂŶĂŐĞƐĂƚĞĂŵŽĨƉƌŽĨĞƐƐŝŽŶĂů ƉƵďůŝĐƉƌŽĐƵƌĞŵĞŶƚĞǆƉĞƌƚƐƚŽĐŽŶĚƵĐƚƉƌŽĐƵƌĞŵĞŶƚƌĞǀŝĞǁƐ͕ƉŽůŝĐǇĂŶĚƉƌŽĐĞĚƵƌĞĚĞǀĞůŽƉŵĞŶƚ͕ĂŶĚ ƉƌŽĐĞƐƐŝŵƉƌŽǀĞŵĞŶƚĞŶŐĂŐĞŵĞŶƚƐĨŽƌƉƵďůŝĐƐĞĐƚŽƌĞŶƚŝƚŝĞƐĂĐƌŽƐƐEŽƌƚŚŵĞƌŝĐĂ͘ /ŶĐŽŶƚƌĂƐƚƚŽŽƚŚĞƌƐŝŶƚŚĞŵĂƌŬĞƚ͕E/'WŽŶƐƵůƚŝŶŐŽĨĨĞƌƐĂĚĞĞƉďĞŶĐŚŽĨŚŝŐŚůǇƋƵĂůŝĨŝĞĚ͕ŚŝŐŚůǇ ĚĞĚŝĐĂƚĞĚƌĞƐŽƵƌĐĞƐƚŚĂƚĂƌĞƌĞĐŽŐŶŝǌĞĚĂƐƚŚĞƚŽƉŝĐƉƌŽĐƵƌĞŵĞŶƚůĞĂĚĞƌƐĂŶĚĞǆƉĞƌƚƐŝŶƚŚĞŝƌĨŝĞůĚ͘ dŚĞƐƚƌĞŶŐƚŚŽĨƚŚĞƚĞĂŵĞŶƐƵƌĞƐE/'WŽŶƐƵůƚŝŶŐƉƌŽĚƵĐĞƐŚŝŐŚƋƵĂůŝƚǇĚĞůŝǀĞƌĂďůĞƐŽŶƐĐŚĞĚƵůĞĂŶĚ ǁŝƚŚŝŶďƵĚŐĞƚ͘
E/'WŝƐĂŵĞŵďĞƌƐŚŝƉͲďĂƐĞĚŶŽŶͲƉƌŽĨŝƚŽƌŐĂŶŝǌĂƚŝŽŶƚŚĂƚƉƌŽǀŝĚĞƐƐƵƉƉŽƌƚƚŽEŽƌƚŚŵĞƌŝĐĂŶ ƉƌŽĨĞƐƐŝŽŶĂůƐŝŶƉƵďůŝĐƐĞĐƚŽƌƉƌŽĐƵƌĞŵĞŶƚ͘^ŝŶĐĞϭϵϰϰ͕E/'WŚĂƐďĞĞŶƉƌŽŵŽƚŝŶŐ͕ĚĞǀĞůŽƉŝŶŐ͕ĂŶĚ ƐƵƉƉŽƌƚŝŶŐƚŚĞƉƵďůŝĐƉƌŽĐƵƌĞŵĞŶƚƉƌŽĨĞƐƐŝŽŶƚŚƌŽƵŐŚƉƌĞŵŝĞƌĞĚƵĐĂƚŝŽŶĂůĂŶĚƌĞƐĞĂƌĐŚƉƌŽŐƌĂŵƐ͕ ƉƌŽĨĞƐƐŝŽŶĂůƐƵƉƉŽƌƚ͕ƚĞĐŚŶŝĐĂůƐĞƌǀŝĐĞƐ͕ĂŶĚĂĚǀŽĐĂĐǇŝŶŝƚŝĂƚŝǀĞƐƚŚĂƚďĞŶĞĨŝƚŵĞŵďĞƌƐĂŶĚ ĐŽŶƐƚŝƚƵĞŶƚƐ͘E/'WƌĞƉƌĞƐĞŶƚƐϳϮĂĨĨŝůŝĂƚĞĐŚĂƉƚĞƌƐ͕ϯ͕ϬϬϬĂŐĞŶĐǇŵĞŵďĞƌƐƌĞƉƌĞƐĞŶƚŝŶŐĨĞĚĞƌĂů͕ ƐƚĂƚĞ͕ƉƌŽǀŝŶĐŝĂůĂŶĚůŽĐĂůŐŽǀĞƌŶŵĞŶƚĂŶĚŽǀĞƌϭϲ͕ϮϬϬŵĞŵďĞƌƐƐĞƌǀŝŶŐƚŚĞƉƵďůŝĐƉƌŽĐƵƌĞŵĞŶƚ ĐŽŵŵƵŶŝƚǇ͘E/'WƚĞĂŵĞĚǁŝƚŚWĞƌŝƐĐŽƉĞ;ĨŽĐƵƐĞĚƐŽůĞůǇŽŶƐŽůƵƚŝŽŶƐĨŽƌƉƵďůŝĐƐĞĐƚŽƌƉƌŽĐƵƌĞŵĞŶƚͿ ƚŽŽĨĨĞƌŽƌŐĂŶŝǌĂƚŝŽŶƐƚŚĞŚŝŐŚĞƐƚƋƵĂůŝƚǇƉƵďůŝĐƉƌŽĐƵƌĞŵĞŶƚƐĞƌǀŝĐĞƐĂǀĂŝůĂďůĞĂƚĂĨĂŝƌŵĂƌŬĞƚƉƌŝĐĞ͘ dŚƌŽƵŐŚƚŚŝƐƉĂƌƚŶĞƌƐŚŝƉ͕E/'WŽŶƐƵůƚŝŶŐůĞǀĞƌĂŐĞƐŝƚƐĂĐĐĞƐƐƚŽĂǀĂƐƚŶĞƚǁŽƌŬŽĨŽǀĞƌϭϳ< ƉƌŽĐƵƌĞŵĞŶƚƉƌŽĨĞƐƐŝŽŶĂůƐĂŶĚƐƵďũĞĐƚͲŵĂƚƚĞƌĞǆƉĞƌƚƐƚŚƌŽƵŐŚŽƵƚEŽƌƚŚŵĞƌŝĐĂ͘ ŚĂůůŵĂƌŬŽĨƚŚĞE/'WŽŶƐƵůƚŝŶŐƉƌŽŐƌĂŵŝƐƚŚĞƵŶŵĂƚĐŚĞĚůĞǀĞůŽĨĞǆƉĞƌƚŝƐĞŝŶƚŚĞƉƵďůŝĐ ƉƌŽĐƵƌĞŵĞŶƚŝŶĚƵƐƚƌǇĂŵŽŶŐŽƵƌƚĞĂŵŵĞŵďĞƌƐ͘dŚĞE/'WŽŶƐƵůƚŝŶŐƉƌŽŐƌĂŵ͕ŝŶĞǆŝƐƚĞŶĐĞƐŝŶĐĞ ϭϵϵϱ͕ŚĂƐĐŽŶĚƵĐƚĞĚƉƌŽĐƵƌĞŵĞŶƚĂŶĂůǇƐĞƐ͕ƌĞǀŝĞǁƐĂŶĚƉƌŽǀŝĚĞĚƉƌŽĐƵƌĞŵĞŶƚƐƵƉƉŽƌƚƐĞƌǀŝĐĞƐĨŽƌ ŽǀĞƌϭϱϬƉƵďůŝĐƐĞĐƚŽƌĐůŝĞŶƚƐ͘
ĚĚŝƚŝŽŶĂůůǇ͕ŽƵƌƚĞĂŵŽĨƉƌŽĨĞƐƐŝŽŶĂůƐƉŽƐƐĞƐƐĂŶĂďƵŶĚĂŶĐĞŽĨŬŶŽǁůĞĚŐĞĂŶĚůĞĂĚĞƌƐŚŝƉĞǆƉĞƌŝĞŶĐĞ ƚŚƌŽƵŐŚƚŚĞŝƌƌŽůĞƐŝŶƚŚĞƉƵďůŝĐƉƌŽĐƵƌĞŵĞŶƚŝŶĚƵƐƚƌǇ͘dŚŝƐĚŝƌĞĐƚůǇĨĂĐŝůŝƚĂƚĞƐĂƚŚŽƌŽƵŐŚ ƵŶĚĞƌƐƚĂŶĚŝŶŐŽĨƵŶŝƋƵĞĐŝƌĐƵŵƐƚĂŶĐĞƐĂŶĚƌĂŝƐĞƐƚŚĞďĂƌŽŶŽƵƌĞĨĨĞĐƚŝǀĞŶĞƐƐ͘
ATTACHMENT A 52
ϲͮWĂŐĞ
ĞůŽǁŝƐĂƐĂŵƉůŝŶŐŽĨƚŚĞƉƵďůŝĐĞŶƚŝƚŝĞƐǁĞŚĂǀĞĐŽŵƉůĞƚĞĚƉƌŽũĞĐƚƐĨŽƌŽǀĞƌƚŚĞƉĂƐƚϭϱǇĞĂƌƐ͘ dŚĞƐĞĞŶŐĂŐĞŵĞŶƚƐŽĨĨĞƌĞǀŝĚĞŶĐĞŽĨƚŚĞďƌĞĂĚƚŚŽĨŬŶŽǁůĞĚŐĞ͕ĞǆƉĞƌŝĞŶĐĞ͕ĂŶĚĐĂƉĂďŝůŝƚǇŽĨƚŚĞ E/'WŽŶƐƵůƚŝŶŐWƌŽŐƌĂŵƚŽĚĞůŝǀĞƌƐƵƉĞƌŝŽƌĐŽŶƐƵůƚŝŶŐƐĞƌǀŝĐĞƐŝŶƚŚĞƉƵďůŝĐƐĞĐƚŽƌ͘ E/'WKE^h>d/E'>/
Ed>/^d
ůĂĐŚƵĂŽƵŶƚǇ͕&> ,ŽǁĂƌĚŽƵŶƚǇ͕D
ŶĐŚŽƌĂŐĞ^ĐŚŽŽůŝƐƚƌŝĐƚ͕< /ŵƉĞƌŝĂů/ƌƌŝŐĂƚŝŽŶŝƐƚƌŝĐƚ͕ ƌůŝŶŐƚŽŶŽƵŶƚǇ͕s >ŽŶŐĞĂĐŚWŽƌƚƵƚŚŽƌŝƚǇ͕ ƚůĂŶƚĂ,ŽƵƐŝŶŐƵƚŚŽƌŝƚǇ͕' >ŽƵĚŽŶŽƵŶƚǇ͕s
ƵƐƚŝŶ^ĐŚŽŽůŝƐƚƌŝĐƚ͕dy DĂŶĂƚĞĞŽƵŶƚǇ͕&>
ĂůKƉƚŝŵĂ/ŶƚĞŐƌĂƚĞĚ,ĞĂůƚŚ^ĞƌǀŝĐĞƐ͕ DĂƌŝĐŽƉĂŽƵŶƚǇ͕ ĞĐŝůŽƵŶƚǇ͕D DĞĐŬůĞŶďƵƌŐŽƵŶƚǇ͕E
ŝƚǇŽĨŶŶĂƉŽůŝƐ͕D DŝĂŵŝĂĚĞ
ǆƉƌĞƐƐǁĂǇ͕&>
ŝƚǇŽĨƵƐƚŝŶ͕dy EĂƐŚǀŝůůĞ/ŶƚĞƌŶĂƚŝŽŶĂůŝƌƉŽƌƚ ŝƚǇŽĨĂůůĂƐ͕dy EĞǁƌĂƵŶĨĞůƐhƚŝůŝƚǇ͕dy
ŝƚǇŽĨĞĞƌĨŝĞůĚ͕&> KƌĂŶŐĞŽƵŶƚǇ͕
ŝƚǇŽĨ&ƚtŽƌƚŚ͕dy WƌŝŶĐĞ'ĞŽƌŐĞŽƵŶƚǇ͕D
ŝƚǇŽĨ,ĂŵŝůƚŽŶ͕KE ^ĂŶŝĞŐŽŽƵŶƚǇ͕
ŝƚǇŽĨ<ŝƌŬǁŽŽĚ͕DK ^ĞŵŝŶŽůĞŽƵŶƚǇ͕&>
ŝƚǇŽĨ>ŽŶŐĞĂĐŚ͕ ^ŶŽŚŽŵŝƐŚŽƵŶƚǇ͕t
ŝƚǇŽĨDŝĂŵŝĞĂĐŚ͕&> ^ƚ͘>ŽƵŝƐŽƵŶƚǇ͕DK
ŝƚǇŽĨEŽƌƚŚDŝĂŵŝĞĂĐŚ͕&> ^ƚ͘DĂƌǇ͛ƐDĞƚƌŽƉŽůŝƚĂŶŽƵŶƚǇŽŵŵŝƐƐŝŽŶ͕D ŝƚǇŽĨKƌůĂŶĚŽ͕&> ^ƚĂƚĞŽĨ/ůůŝŶŽŝƐĂƉŝƚĂů/ŵƉƌŽǀĞŵĞŶƚŽĂƌĚ ŝƚǇŽĨWĂůŽůƚŽ͕ ^ƚĂƚĞŽĨDĂŝŶĞ
ŝƚǇŽĨWŽƌƚKƌĂŶŐĞ͕&> ^ƚĂƚĞŽĨDĂƌǇůĂŶĚ
ŝƚǇŽĨ^ĂŶŶƚŽŶŝŽ͕dy ^ƚĂƚĞŽĨDŝĐŚŝŐĂŶ
^ĂŶŶƚŽŶŝŽtĂƚĞƌ^ǇƐƚĞŵ ^ƚĂƚĞŽĨEĞǀĂĚĂ
ŽŶƚƌĂŽƐƚĂŽƵŶƚǇ͕ ^ƚĂƚĞŽĨKƌĞŐŽŶdƌĞĂƐƵƌǇ
WƵďůŝĐ^ĐŚŽŽůƐ ^ƚĂƚĞŽĨtĂƐŚŝŶŐƚŽŶ
&ĂŝƌďĂŶŬƐEŽƌƚŚ^ƚĂƌŽƌŽƵŐŚ͕< ^ƵĨĨŽůŬŽƵŶƚǇ͕Ez 'ŽůĚĞŶ'ĂƚĞŝƐƚƌŝĐƚƵƚŚŽƌŝƚǇ hŶŝǀĞƌƐŝƚǇŽĨEŽƌƚŚĂƌŽůŝŶĂͲ'ƌĞĞŶƐďŽƌŽ ,ŽƵƐƚŽŶŽƵŶƚǇ͕dy x sŝƌŐŝŶŝĂŽŵŵŽŶǁĞĂůƚŚhŶŝǀĞƌƐŝƚǇ
ATTACHMENT A 53
ϳͮWĂŐĞ
s//͘ ĚĚŝƚŝŽŶĂůĂƚĂ
KƵƌŝĨĨĞƌĞŶƚŝĂƚŽƌ
dŚĞE/'WŽŶƐƵůƚŝŶŐƉƌŽŐƌĂŵŝƐƚƌƵůǇƵŶŝƋƵĞ͗
x tĞĂƌĞƐŝŶŐůĞͲŵŝŶĚĞĚŝŶƉƵƌƉŽƐĞĂŶĚĨŽĐƵƐŽŶƚŚĞƚƌĂŶƐĨŽƌŵĂƚŝŽŶĂŶĚĂĚǀĂŶĐĞŵĞŶƚ ŽĨƉƵďůŝĐƉƌŽĐƵƌĞŵĞŶƚ͘
x ůůĐůŝĞŶƚƐĂƌĞƉƵďůŝĐƐĞĐƚŽƌƉƌŽĐƵƌĞŵĞŶƚŽƌŐĂŶŝǌĂƚŝŽŶƐ͘ x
ĂĐŚŽĨŽƵƌĐŽŶƐƵůƚĂŶƚƐŚĂƐŚĂŶĚƐͲŽŶĞǆƉĞƌŝĞŶĐĞƉĞƌĨŽƌŵŝŶŐĐƌŝƚŝĐĂůƉƌŽĐƵƌĞŵĞŶƚĂŶĚ ĐŽŶƚƌĂĐƚŝŶŐĨƵŶĐƚŝŽŶƐǁŝƚŚŝŶƉƵďůŝĐƐĞĐƚŽƌŽƌŐĂŶŝǌĂƚŝŽŶƐ͘ x tĞĞŶƐƵƌĞƚŚĂƚƚŚĞWƵďůŝĐWƌŽĐƵƌĞŵĞŶƚsĂůƵĞƐŽĨĐĐŽƵŶƚĂďŝůŝƚǇ͕ ƚŚŝĐƐ͕/ŵƉĂƌƚŝĂůŝƚǇ͕
WƌŽĨĞƐƐŝŽŶĂůŝƐŵ͕^ĞƌǀŝĐĞĂŶĚdƌĂŶƐƉĂƌĞŶĐǇĂƌĞĞŶŐƌĂŝŶĞĚŝŶĞǀĞƌǇĂƐƉĞĐƚŽĨŽƵƌǁŽƌŬ͕ ŽƵƌĚĞůŝǀĞƌĂďůĞƐ͕ĂŶĚŽƵƌƌĞůĂƚŝŽŶƐŚŝƉƐ͘;/ŶĨĂĐƚ͕ǁĞŚĞůƉĞĚĞƐƚĂďůŝƐŚƚŚĞƐĞsĂůƵĞƐĂƐ ǁĞůůĂƐƚŚĞƐƵďƐĞƋƵĞŶƚĞƐƚWƌĂĐƚŝĐĞƐŽĨWƵďůŝĐWƌŽĐƵƌĞŵĞŶƚĨŽƌŽƵƌŝŶĚƵƐƚƌǇ͘Ϳ x tĞĂƌĞĐŽŵŵŝƚƚĞĚƚŽŚĞůƉŝŶŐĂůůƉƵďůŝĐƉƌŽĐƵƌĞŵĞŶƚĞŶƚŝƚŝĞƐƚƌĂŶƐĨŽƌŵŝŶƚŽĐĞŶƚĞƌƐŽĨ ƉƌŽĐƵƌĞŵĞŶƚĞǆĐĞůůĞŶĐĞ͘
x tĞƉĂƐƐŝŽŶĂƚĞůǇůŝǀĞŽƵƌŵŝƐƐŝŽŶ͗WƌŽĐƵƌĞŵĞŶƚWƌŽĨĞƐƐŝŽŶĂůƐĞůŝǀĞƌŝŶŐZĞƐƵůƚƐ͘ ĚĚŝƚŝŽŶĂů^ĞƌǀŝĐĞƐǀĂŝůĂďůĞ
^ƚĂĨĨƵŐŵĞŶƚĂƚŝŽŶ^ĞƌǀŝĐĞƐ͗ŽŶƚƌĂĐƚ^ƚĂĨĨ^ƵƉƉŽƌƚ ;ΨϭϰϬͬŚƌͿΘWƌŽĐƵƌĞŵĞŶƚŶĂůǇƐƚ^ƵƉƉŽƌƚ ;ΨϭϭϬͬŚƌͿ
E/'WŽŶƐƵůƚŝŶŐǁŝůůƉƌŽǀŝĚĞŽŶĞŽƌŵŽƌĞŽŶƐƵůƚĂŶƚƐ͕ĨŽƌƵƉƚŽϰϬŚŽƵƌƐƉĞƌǁĞĞŬƉĞƌŽŶƐƵůƚĂŶƚ͕ƚŽ ƉƌŽǀŝĚĞŽŶƚƌĂĐƚ^ƚĂĨĨͬWƌŽĐƵƌĞŵĞŶƚŶĂůǇƐƚ^ƵƉƉŽƌƚŝŶĂƌĞĂƐŽĨƉƌŽĐƵƌĞŵĞŶƚƐĞƌǀŝĐĞƐŝŶĐůƵĚŝŶŐďƵƚ ŶŽƚůŝŵŝƚĞĚƚŽĂŶǇŽĨƚŚĞĨŽůůŽǁŝŶŐ͗
x ĞĨĂŵŝůŝĂƌǁŝƚŚĂůů/dzƉŽůŝĐŝĞƐĂŶĚƉƌŽĐĞƐƐĞƐ͕ĂƐǁĞůůĂƐƐƚĂƚĞƌĞŐƵůĂƚŝŽŶƐ͘ x WĂƌƚŝĐŝƉĂƚĞ͕ĂƐƌĞƋƵĞƐƚĞĚ͕ŝŶĂŶǇĐĂůůƐ͕ŵĞĞƚŝŶŐƐ͕ĞŵĂŝůƐŽƌŽƚŚĞƌĐŽŵŵƵŶŝĐĂƚŝŽŶƐĂŶĚ ĞŶŐĂŐĞŵĞŶƚƌĞůĂƚĞĚƚŽƉƵƌĐŚĂƐŝŶŐĂŶĚĐŽŶƚƌĂĐƚƐĞƌǀŝĐĞƐĂĐƚŝǀŝƚŝĞƐ͘ x ĞǀĞůŽƉƐƉĞĐŝĨŝĐĂƚŝŽŶƐĂŶĚƐĐŽƉĞƐŽĨǁŽƌŬǁŝƚŚ/dzĐůŝĞŶƚƐͬĐƵƐƚŽŵĞƌƐ͘ x ĞǀĞůŽƉƐŽůŝĐŝƚĂƚŝŽŶƐĨŽƌŐŽŽĚƐĂŶĚƐĞƌǀŝĐĞƐƌĞƋƵŝƌĞĚďǇ/dz͘ x &ĂĐŝůŝƚĂƚŝŽŶŽĨƐŽůŝĐŝƚĂƚŝŽŶƉƌŽĐĞƐƐĞƐ͘
x ĞǀĞůŽƉĚŽĐƵŵĞŶƚĂƚŝŽŶƌĞůĂƚĞĚƚŽƚŚĞƐŽƵƌĐŝŶŐƉƌŽĐĞƐƐ͕ŝŶĐůƵĚŝŶŐĐŽŶƚƌĂĐƚĂǁĂƌĚ ƌĞĐŽŵŵĞŶĚĂƚŝŽŶĐŽŵŵƵŶŝĐĂƚŝŽŶƐ͘
x ƐƐŝƐƚŝŶƚŚĞƌĞǀŝĞǁŽĨ/dzĐŽŶƚƌĂĐƚƐĂŶĚĐŽŶƚƌĂĐƚŵŽĚŝĨŝĐĂƚŝŽŶƐ͘ x ZĞƐĞĂƌĐŚƉŝŐŐǇďĂĐŬŽƉƉŽƌƚƵŶŝƚŝĞƐǁŝƚŚŶĂƚŝŽŶĂůĐŽŽƉĞƌĂƚŝǀĞƐ͕'^͕ƐƚĂƚĞ͕ŽƌůŽĐĂůĂŐĞŶĐǇ ĐŽŶƚƌĂĐƚƐĂƐŶĞĞĚĞĚ͘
x ZĞƐĞĂƌĐŚůĞŐĂůŝƐƐƵĞƐƌĞůĂƚĞĚƚŽƉƵƌĐŚĂƐŝŶŐĂŶĚĐŽŵŵƵŶŝĐĂƚĞǁŝƚŚůĞŐĂůĐŽƵŶƐĞůƚŽĂĚĚƌĞƐƐďŝĚ ƉƌŽƚĞƐƚƐŽƌĐŚĂůůĞŶŐĞƐĚƵƌŝŶŐƚŚĞďŝĚĚŝŶŐƉƌŽĐĞƐƐŽƌĂŶƐǁĞƌƉŽƐƚͲďŝĚƋƵĞƐƚŝŽŶƐ͘ x ŽŵŵƵŶŝĐĂƚĞƌĞŐƵůĂƌůǇǁŝƚŚĂŶŽƚŚĞƌĐŽŶƐƵůƚĂŶƚƚĞĂŵŵĞŵďĞƌ͕ĂƐǁĞůůĂƐ/dzƚĞĂŵŵĞŵďĞƌƐ͘ x /ŶĨŽƌŵE/'WŽŶƐƵůƚŝŶŐWƌĞƐŝĚĞŶƚŽĨĂŶǇŝƐƐƵĞƐŽƌŶĞĞĚĞĚƐƵƉƉŽƌƚĚƵƌŝŶŐĞŶŐĂŐĞŵĞŶƚ͘ ATTACHMENT A 54
8 | P a g e
Beyond the services anticipated in the Staff Augmentation support engagement, NIGP Consulting has numerous supplemental and related services available to further support this engagement. Below is a listing of a few of the procurement-related services available upon request:
➢ Strategic Procurement Assessment
➢ Procurement Policy and Procedures Development/Revision ➢ Benchmarking Against Comparable Procurement Agencies
➢ Process Mapping of Current State and Proposed Future State ➢ Organizational, Staff and Workload Assessment
➢ Spend/Category Management and Analytics
➢ Leadership and Team Assessment and Development
VIII. Offer and Acceptance
City agrees that it shall not refer to the Assessment by NIGP Consulting in any marketing or promotional materials without the express approval by Periscope. City shall have the right, for informational purposes, to state the fact that NIGP Consulting has been/was engaged to provide the Assessment. Periscope retains the right to list the City as a client and may request a written testimonial or reference from the City for the work performed.

Both parties hereby authorize the defined statement of work and terms of the agreement by signing below:

Agreed:

By: By:
______________________________ ______________________________ Periscope Holdings, Inc. City of Stockton
______________________________ ______________________________ Signature Signature
______________________________ ______________________________ Mark Eigenbauer, President Printed Name and Title
______________________________ ______________________________ Date Date
DocuSign Envelope ID: B9B164C5-270C-4E59-AC16-435D0DCA8F81 10/11/2023
ATTACHMENT A 55
City of Stockton
Legislation Text
File #: 23-0926, Version: 1

APPOINTMENTS TO CITY COMMITTEES AND COMMISSIONS

RECOMMENDATION
It is recommended that the City Council adopt a resolution ratifying Councilmember appointments to the Community Development Committee, Measure A Citizens’ Advisory Committee and Measure M Strong Communities Advisory Committee

DISCUSSION
Background
There are currently vacancies on the Community Development Committee, Measure A Citizens’ Advisory Committee and Measure M Strong Communities Advisory Committee. The City Clerk’s Office conducted a recruitment soliciting applications and Councilmembers have selected qualified applicants to fill those positions.

Community Development Committee
This Committee is a committee that provides the Council with recommendations on the planning and use of funds that the City receives from the U.S. Department of Housing and Urban Development, including Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grant funds. As provided for in the Council-adopted Citizen’s Participation Plan, appointments to the Community Development Committee are made by each of the six Councilmembers and the Mayor. Appointments are for four years, except when an appointee is filling the remaining term of a vacated position. The only requirement to serve on the Committee is that the applicant must be a resident of the City of Stockton.

Measure A Citizens Advisory Committee
The mission of the Committee is to oversee the expenditure of revenues generated by Measure A and to make recommendations to the City Council regarding those expenditures as set forth in Measure B. Each member of the City Council shall nominate one member to the Committee. The members nominated are not required to be from specific Council Districts.

Measure M Strong Communities Advisory Committee
On June 7, 2016, the Stockton City Council adopted Resolution 2016-06-07-1212 to adopt an Ordinance imposing a ¼ cent sales tax and authorizing the formation of a Citizens’ Advisory Committee through Ordinance 2016-06-07-1212 contingent upon voter consideration and approval at City of Stockton Page 1 of 2 Printed on 10/12/2023
powered by Legistar™
56 File #: 23-0926, Version: 1
the November 8, 2016 general municipal election (Measure M). Members of the Committee shall be appointed by the City Council to serve two-year terms. As stated in the Ordinance, the Advisory Committee shall meet annually to review the expenditure of revenues generated by the tax and make recommendations to the City Council regarding those expenditures.

Present Situation
The Councilmembers have received applications to fill positions on these committees/commissions.

Their recommendations listed below for appointment are being presented for ratification by the Council this evening.

Community Development Committee appointment to commence immediately upon appointment and end January 31, 2026:

District 4: Phillip Herrera
Measure A Citizens Advisory Committee appointment to commence immediately upon appointment and end January 31, 2025:

District 2: Hank Klor
District 4: Doug Vigil
Measure M Strong Communities Advisory Committee appointment to commence immediately upon appointment and end January 31, 2025:

District 4: Sofia Colon

FINANCIAL SUMMARY
There is no remuneration for service on the above-mentioned Committees.

Attachment A - Measure A Applications
Attachment B - Measure M Applications
City of Stockton Page 2 of 2 Printed on 10/12/2023
powered by Legistar™
57 Submit Date: Jan 18, 2023
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
9 years
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Phillip R Herrera
Stockton CA
Phillip R Herrera
Attachment A 58
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Community Development Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

I was born and raised in Stockton and want to be part of making our great city better.

Please state the reason you would like to be a member of this board/commission.

As a former tax auditor, current business owner, and consultant to the Governor's Office of Business and Economic Development I believe my experience would be an excellent fit for the Measure W commitee Have you served on an advisory group before?
Yes No
If yes, please explain.

Measure W, California Life Sciences Association; Miracle Mile Improvement District Board Member Phillip R Herrera
Attachment A 59
Upload a Resume
How did you hear about the position?
fellow stocktonian
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:

PRH
Date Signed
01/18/2023
Phillip R Herrera
Attachment A 60
Submit Date: Sep 23, 2023
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 3
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
20 years & 3 months
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Hank Klor

STOCKTON CA
Hank Klor
Attachment B 61
Which Boards would you like to apply for?
Measure A Citizens' Advisory Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

Recently retired self employed Tax & Financial Advisor wanting to be active in civic affairs giving back to community.

Please state the reason you would like to be a member of this board/commission.

Realize the importance of this Measure financially for the city to provide services to citizens.

Have you served on an advisory group before?
Yes No
How did you hear about the position?
Councilman Dan Wright
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Hank Klor
Attachment B 62
Upload a Resume
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:

Hk
Date Signed
September 23, 2023
Hank Klor
Attachment B 63
Submit Date: Oct 17, 2022
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Question applies to Civil Service Commission-Equal Employment Commission Concurrent Date of Birth
Ethnicity
Gender
If selected "Other," please specify.

Native American
What district do you live in? *
District 4
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
22 The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Douglas I Vigil
Stockton CA
Douglas I Vigil
Attachment B 64
Employer Job Title Occupation
If you have checked “No”, please identify how you prefer to be contacted:
[email protected]
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
If yes, please list
none
Which Boards would you like to apply for?
Measure A Citizens' Advisory Committee: Submitted
Question applies to Central Parking District Advisory Board Do you own real property or are you an executive officer of a corporation that owns real property within the Central Parking District?
Yes No
Question applies to Central Parking District Advisory Board Specify property address(es):

N/A
Question applies to Port Commission
Do you reside within the Port District boundary or consistent with the City General Plan boundaries, plus a one-half mile strip on either side of the Stockton Ship Channel from the Port to Disappointment Slough?
Yes No
Question applies to Port Commission
If so, for how long?
22 year
Douglas I Vigil
Attachment B 65
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Knowledge of new artistic & design expressions
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Understanding of the Stockton Public Art Plan processes and implications for the City of Stockton Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.

Yes No
Question applies to San Joaquin Regional Transit District Board Have you resided within the Transit District boundaries for at least one year? Yes No
Question applies to San Joaquin Regional Transit District Board Are you a resident of the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee Are you at least 18 years of age?
Yes No
Interests & Experiences
Douglas I Vigil
Attachment B 66
Upload a Resume
Please tell us about yourself and why you want to serve.

I'd want to volunteer my time to the community in Stockton I live in my community and care about people well being, I am a Real Estate Agent and Loan Signing Agent Notary been working for 19 years servicing and living in Stockton Ca. My interests involving range from local community volunteer teaching Basis Sign Language in Elementary Schools and Public Library. I have served on the Boards, I'm serving on Stockton-San Joaquin Lions Club as the Chair of Marketing. I have been actively involved in different community events, I have served on the City of Stockton Civil Service Commission and City of Stockton Mayor's Task Force on Persons on Disabilities Committee, and Cultural Heritage Board also I'm a Radio Host of the Vigil Show on Sunday and Monday from 3 pm to 4 pm interview local community leader and nonprofit organization inclusive with Sign Language for the Deaf Community KXVS Radio, I am also interested in Public Advocacy for Disabilities Rights and Anti-Bully and Art Programs within the community.

Please state the reason you would like to be a member of this board/commission.

I want to give fresh ideas and new positive attitudes and diversity on any board committee, hard decision making the board/commission
Have you served on an advisory group before?
Yes No
If yes, please explain.

Not Applicable
How did you hear about the position?
On-Line website and was encouragement to join and apply City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes No
If yes, please explain
Not Applicable
Background Information
Douglas I Vigil
Attachment B 67
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Not Applicable
Voter Registration (Questions appear if required)
Question applies to multiple boards
I consent to the City of Stockton verifying my voter registration, if required.

Yes No
Question applies to multiple boards
If your name, address, city or zip code are different on your voter registration, please explain and give us the correct information below:

Submit Application
Please identify any specialized accommodations needed for equal participation:

Deaf Interpreter
Enter Your Initials:

DV
Date Signed
10/17/2022
Douglas I Vigil
Attachment B 68
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
3 years
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Sofia Colon
Stockton CA
Sofia Colon
Attachment C
Submit Date: Apr 04, 2023 69
If yes, please list
Strong Communities Advisory Committee
Which Boards would you like to apply for?
Strong Communities Advisory Committee: Submitted
I have been a resident of Stockton for at least 3 years.

Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee Are you at least 18 years of age?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

I have enjoyed serving my first term on the Strong Communities Advisory Committee. I wish to continue to provide oversight. As a Stockton native, I've attended our local schools and frequented our local libraries and parks. It's my personal belief that my family's success is a result of living in a thriving environment.

We choose to live in Stockton and believe it's our civic responsibility to contribute to it's success. My experience and education equip me for this service. I have completed my bachelor's degree in Health Policy and Administration with a Minor in Finance from Penn State World Campus. I am currently pursuing my Master's degree in Health Informatics Data Analytics from George Mason University.

Sofia Colon
Attachment C
70 Upload a Resume
Please state the reason you would like to be a member of this board/commission.

I would be proud to serve on the Strong Communities Committee because I am advocate for our library and parks and recreation services in Stockton. I participated on the Steering Committee for Measure M to support these services. I believe I would bring value to the Committee through my personal and professional experiences.

Have you served on an advisory group before?
Yes No
If yes, please explain.

I have completed my first term on the Strong Communities Advisory Committee.

How did you hear about the position?
I am applying for a second term.

City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Submit Application
Sofia Colon
Attachment C
71 Enter Your Initials:

SC
Date Signed
4/4/2023
Sofia Colon
Attachment C
72 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPOINTING MEMBERS TO CITY COMMITTEES AND COMMISSIONS Positions on these boards and commissions are directly appointed by City Councilmembers with terms that coincide with the appointing Councilmember; and Terms on these boards and commissions are vacant; and
Councilmembers Dan Wright and Susan Lenz have reviewed applications and have made nominations for appointments; now, therefore,

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

1. The following nominated member is found to meet the criteria for appointment and is authorized to serve as a member on the Community Development Committee with appointment to commence immediately and end January 31, 2026:

District 4: Phillip Herrera

2. The following nominated member is found to meet the criteria for appointment and is authorized to serve as a member on the Measure A Citizens Advisory Committee with appointment to commence immediately and end January 31, 2025:

District 2: Hank Klor
District 4: Doug Vigil

3. The following nominated members are found to meet the criteria for appointment and are authorized to serve as members on the Community Development Committee, Measure M Strong Communities Advisory Committee with appointments to commence immediately and end January 31, 2025:

District 4: Sofia Colon
PASSED, APPROVED and ADOPTED: October 17, 2023 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
73 City of Stockton
Legislation Text
File #: 23-0934, Version: 1

APPROVE AN AGREEMENT WITH GRANICUS FOR AGENDA SUPPORT SOFTWARE

SERVICES

RECOMMENDATION
It is recommended that City Council approve a motion:

1. Approving findings for an exception to the competitive bidding process;

2. Authorizing the City Manager to execute and renew a contract with Granicus, LLC for agenda support software services in an amount up to $259,012.13 for a term of three years; and

3. Authorizing the City Manager to take necessary and appropriate action to carry out the purpose and intent of the motion.

Summary
The City of Stockton prepares agenda packets for the City Council and other meeting bodies through a Granicus agenda management software service, better known as Legistar. Since implementing this service in 2012, the City has experienced improved efficiency, consistency and transparency in preparing agendas. In addition, the City tracks boards and commissions applications and members through the software service, increasing efficiency and transparency for this process as well.

Furthermore, the City has contracted with Granicus since 2003 to provide government transparency services, which include online video streaming, minutes management and archiving for City Council and other City meeting bodies.

The contract for agenda management and boards and commissions tracking services expires in October 2023. By entering a renewed contract with the same terms and conditions in the short-term, the City can maintain the increased efficiency, consistency, and transparency in preparing agendas.

DISCUSSION
Background
In 2003, the City entered a government transparency contract with Granicus, LLC to provide video streaming, minutes management and archiving for City Council meetings. This contract was originally designed to renew on an annual basis. Over the past twenty years, the City has expanded the use of these services to other public meeting bodies authorized by the City Council and City Charter. In addition, Granicus has enhanced their services and technology tools within the City of Stockton Page 1 of 3 Printed on 10/12/2023
powered by Legistar™
74 File #: 23-0934, Version: 1
government transparency suite and the City has leveraged these new services to improve communication and transparency of public meetings with the community.

In late 2012 the City entered into a contract with Granicus, LLC for an agenda management and voting solution. The total project funding was $142,520 which included the purchase and installation of the agenda management solution, voting solutions, and four years of monthly managed service fees. After the four year term, the voting solution component was disabled. Prior to 2012, the City did not have a software system for reviewing and producing City Council agendas. Agenda items were reviewed through a series of email attachments and agenda packets were compiled by hand.

Implementing an agenda management software system has dramatically improved efficiency, consistency, and transparency in preparing City Council agendas. In addition, Granicus has made improvements to their products in recent years and have introduced new solutions to their product line to further enhance citizen transparency and streamline City operations.

In September 2016, the City executed a Change Order to extend the agenda management and boards and commissions contract for an additional two years, through October 18, 2018. This addon has grown to accommodate our board and commission appointment process which includes customized automatically generated responses, internal tracking and report generating services.

In 2020, with the advent of the Covid-19 pandemic, technological needs changed rapidly, Granicus was able to quickly accommodate new public communication needs despite limited technological resources saving the City valuable time and money.

Present Situation
The Granicus contract for Legistar agenda management and boards and commissions tracking software expires in October of 2023. During the past year, staff conducted analysis to determine the best way to acquire future agenda management software services. It is a best practice to solicit market competition for software services every 5 to 10 years. Serious consideration was given to packaging all agenda support software services into a consolidated RFP for a new 5-year term.

However, this agenda management support services project was assessed within the context of all other City technology initiatives. It is worth noting there is a high demand for new technologies in support of City Council goals as the City restructures and responds to years of deferred investment in technology. There was also consideration given to the upcoming move to new Chamber facilities that will have a direct impact on the services provided. Given the pending implementation of new technology and facilities, staff does not recommend making changes to the existing services.

By entering into a renewed consolidated contract for a three-year period, the City will be able to maintain the efficiencies that staff have experienced as a result of having an agenda management software system. In addition, the new contract will allow the City to maintain the current service level to the public for meeting transparency and online boards and commissions tracking while preparing for the City’s upcoming move to new facilities. A three-year contract allows the City the opportunity to pursue an RFP in the near-term once clear information is available regarding resources and timing for a new RFP.

Findings
City of Stockton Page 2 of 3 Printed on 10/12/2023
powered by Legistar™
75 File #: 23-0934, Version: 1
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. The proposed findings include:

1. There is a high demand for technology projects, while there are limited resources to carry out high priority technology projects.

2. Issuing an RFP for new agenda management software services is a lower priority by comparison with other citywide projects and other critical public safety projects.

3. Issuing and RFP for new services prior to obtaining the full scope of resources related to City Hall’s move to a new location would be premature.

4. The City would be negatively impacted without an agenda management software system and boards and commissions tracking system.

5. By entering a renewed contract with Granicus, LLC the City will be able to maintain the dramatically improved efficiency, consistency and transparency in preparing City Council agendas through an agenda management system.

6. By entering a renewed contract with Granicus, LLC the City will be able to assess compatibility with potential agenda management systems and new resources as information becomes available on technological systems at the new City Hall.

7. By entering a renewed contract with Granicus, LLC the City will maintain agenda software support services in one comprehensive contract, allowing for greater transparency and ability to transition services in the future.

FINANCIAL SUMMARY
The three-year term of the proposed renewed contract totals $259,012.13, with a potential total. The cost for the same services over the past year has been $78768.35. The proposed contract includes a first-year cost of $80,566.15, which is less than the industry standard 5% increase. These moderate cost increases are anticipated in the Computer Equipment 502 Internal Service Fund (ISF).

There is budget available in the current adopted budget for the first-year cost. Future annual cost estimated for the remaining term of the proposed contract will be included in the annual budget appropriation process.

Attachment A - Granicus Contract
City of Stockton Page 3 of 3 Printed on 10/12/2023
powered by Legistar™
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107
108
THIS IS NOT AN INVOICE Order Form
Prepared for
Stockton, CA
Order #: Q-292216
Prepared: 25 Sep 2023

Page 1 of 7 ends

Granicus Proposal for Stockton, CA

ORDER DETAILS
Prepared By: Antonio Magadan
Phone:

Email: [email protected]
Order #: Q-292216
Prepared On: 25 Sep 2023
Expires On: 18 Oct 2023
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)

Period of Performance: 10/19/2023 - 10/18/2024

ORDER TERMS
Current Subscription
End Date:

Initial Order Term End
Date:
18 Oct 2023
18 Oct 2026
109
Order Form
Stockton, CA
Order #: Q-292216
Prepared: 25 Sep 2023

Page 2 of 7 ends

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

Renewing Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
Additional Meeting Body - Meeting
Efficiency (1 to 2 MBs) Annual 1 Each $0.00
Upgrade to SDI 720p Streaming Annual 2 Each $5,392.52
Granicus Encoding Appliance Software
(GT) Annual 1 Each $1,348.14
Granicus Encoding Appliance Software
(GT) Annual 1 Each $4,096.87
Open Platform Suite Annual 1 Each $0.00
Legistar Annual 1 Each $18,517.83
Government Transparency Suite Annual 1 Each $22,123.07
Boards and Commissions Annual 1 Each $19,664.94
Performance Accelerator Suite Annual 1 Each $4,916.23
Government Transparency Managed
Services Hardware (GT) Annual 1 Each $4,506.55
SUBTOTAL: $80,566.15
110
Order Form
Stockton, CA
Order #: Q-292216
Prepared: 25 Sep 2023

Page 3 of 7 ends

FUTURE YEAR PRICING
Period of Performance
Solution(s)
19 Oct 2024 - 18 Oct 2025 19 Oct 2025 - 18 Oct 2026
Additional Meeting Body - Meeting Efficiency (1
to 2 MBs) $0.00 $0.00
Upgrade to SDI 720p Streaming $5,770.00 $6,173.90
Granicus Encoding Appliance Software (GT) $1,442.51 $1,543.49 Granicus Encoding Appliance Software (GT) $4,383.65 $4,690.51 Open Platform Suite $0.00 $0.00
Legistar $19,814.08 $21,201.06
Government Transparency Suite $23,671.68 $25,328.70
Boards and Commissions $21,041.49 $22,514.39
Performance Accelerator Suite $5,260.37 $5,628.59
Government Transparency Managed Services
Hardware (GT) $4,822.01 $5,159.55
SUBTOTAL: $86,205.79 $92,240.19
111
Order Form
Stockton, CA
Order #: Q-292216
Prepared: 25 Sep 2023

Page 4 of 7 ends

PRODUCT DESCRIPTIONS
Solution Description
Upgrade to SDI 720p Streaming Upgrade to SDI 720p Streaming (requires Digital encoder and HD feed) Granicus Encoding Appliance
Software (GT)
Granicus Encoding Appliance Software (GT) This includes the LiveManager Software solution where webcasts are started/stopped, agendas amended and indexed, votes and attendance recorded, and minutes created.

Granicus Encoding Appliance
Software (GT)
Granicus Encoding Appliance Software (GT) This includes the LiveManager Software solution where webcasts are started/stopped, agendas amended and indexed, votes and attendance recorded, and minutes created.

Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage.

Legistar Legistar is a Software-as-a-Service (SaaS) solution that enables government organizations to automate the entire legislative process of the clerk’s office. Clerks can leverage Legistar to easily manage the entire legislative process from drafting files, through assignment to various departments, to final approval. Legistar includes:
• Unlimited user accounts
• Unlimited meeting bodies and meeting types
• Unlimited data storage and retention
• Up to one (1) Legistar database
• Up to one (1) InSite web portal
Government Transparency
Suite
Government Transparency are the live in-meeting functions. Streaming of an event, pushing of documents, and indexing of events. 112
Order Form
Stockton, CA
Order #: Q-292216
Prepared: 25 Sep 2023

Page 5 of 7 ends

Solution Description
Boards and Commissions Boards and Commissions is a Software-as-a-Service (SaaS) solution that enables government organizations to simplify the citizen application and appointment to boards process of the clerk’s office. Boards and Commissions includes:
• Unlimited user accounts
• Unlimited boards, commissions, committees, and subcommittees • Unlimited storage of citizen applications
• Access to up to one (1) Boards and Commissions site
• Access to customizable, embeddable iFrame websites for displaying information to citizens
• Access to a customizable online citizen application form including board-specific questions
• Customizable forms for board details, appointment details, and internal tracking details
• Pre-designed document PDFs for applications, board details and rosters, and vacancy reports
• Downloadable spreadsheets for easy reporting
Optional custom templates for document or report generation may also be purchased for an additional fee.

Performance Accelerator Suite Performance Accelerator Suite provides the ability to utilize the performance accelerator within a network. Requires Performance Accelerator or Virtual Performance Accelerator to distribute video/indexing/documents within a local network. This distribution is utilized to eliminate the bandwidth impact local viewers would have accessing data from the Granicus Data Center.

Government Transparency
Managed Services Hardware
(GT)
The managed equipment solution offers an encoding appliance that is fully managed and maintained by Granicus.
113
Order Form
Stockton, CA
Order #: Q-292216
Prepared: 25 Sep 2023

Page 6 of 7 ends

TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-292216 dated 25 Sep 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Stockton, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
114
Order Form
Stockton, CA
Order #: Q-292216
Prepared: 25 Sep 2023

Page 7 of 7 ends

BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:

If PO required
Billing Email: Billing Phone:

If submitting a Purchase Order, please include the following language:

The pricing, terms, and conditions of quote Q-292216 dated 25 Sep 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.

AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Stockton, CA
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
115
City of Stockton
Legislation Text
File #: 23-0892, Version: 1

ADOPT A MOTION TO ACCEPT, ALLOCATE, AND APPROPRIATE GRANT FUNDING FOR A

CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES AND A CONTRACT FOR

CONSTRUCTION OF THE NAVIGATION CENTER PROJECT

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

1. Accept and allocate $1,000,000 to the Navigation Center project pursuant to 2022-23 California Budget Bill Jr. (Chapter 249, Statutes of 2022, AB 179), Section 19.56;

2. Allocate and appropriate $826,961.40 American Rescue Plan Act (ARPA) Contingency funds for construction and construction management services for the Navigation Center project;

4. Approve and authorize the City Manager, or designee, to enter into a contract with G&G Builders for $1,341,961.40 for construction of the Navigation Center project; and

6. Approve findings pursuant to Stockton Municipal Code section 3.68.070 for an exception to the competitive bidding process.

7. Authorize the City Manager, or designee, to enter into and execute any associated documents and take appropriate and necessary actions to carry out the purpose and intent of this motion.

Summary
On November 17, 2020, the City Council approved a Resolution (Attachment A - Resolution 2020-11- 17-1402) authorizing the allocation of $6,460,265 in grant funding through the State’s Homeless Housing, Assistance and Prevention Program (HHAP) Round 1, including the allocation of $2,338,623 to the Stockton Shelter for the Homeless for the construction of the Navigation Center.

To date, HHAP grant funds for the Navigation Center project totaling $4,847,045 have been committed by the City, County, and Continuum of Care.

City of Stockton Page 1 of 5 Printed on 10/12/2023
powered by Legistar™
116
File #: 23-0892, Version: 1
Construction of the Navigation Center commenced on October 22, 2022. Stockton Shelter for the Homeless terminated shelter operations and issued contract termination notices to three contractors working on the Navigation Center project effective September 1, 2023. The City allocated HHAP funds in the amount of $2,338,623, which were fully expended by Stockton Shelter for the Homeless at the time of their closure. Best estimates suggest that the Navigation Center project is about 75 to 85 percent complete. Currently construction of the Navigation Center has stopped.

The City of Stockton, Economic Development Department, is assuming control of the Navigation Center project. Based on several site visits with the contractors, discussions with Public Works, State inspectors, and several General Contractors, the City proposes that the most efficient, expedient, and cost-effective path forward is to hire a Construction Management Services firm and continue with the current contractors wherever possible, including G&G Builders. The cost to hire a Construction Management (CM) firm to coordinate the completion of the Navigation Center is $185,000. The remaining balance to finish the project per G&G Builders’ original scope of work and other identified scope items not part of the original contract is $1,341,961.40. This includes a 15% contingency and does not include landscaping, furniture, fixtures and equipment (FF&E), and other potential costs that might be identified during the CM review. The estimated remaining balance to finish the two additional contracts that were terminated by the Stockton Shelter, including contingency is $300,000; however, the scope of that remaining work and any additional contracts to complete that work will be reviewed by the CM.

DISCUSSION
Background
The State's Homeless Housing, Assistance and Prevention Program (HHAP) funds are designed to support regionally coordinated efforts between the County, Continuum of Care (CoC), and the City to expand and develop local capacity to address immediate homelessness challenges throughout the state. HHAP funds are focused on moving homeless individuals and families into permanent housing and ensuring those individuals and families maintain their permanent housing.

On November 17, 2020, the City Council approved a Resolution authorizing the allocation of $6,460,265 in grant funding through HHAP Round 1. In total, 12 projects were approved for HHAP Round 1 funding to carry out eligible activities prioritized in the San Joaquin Community Response to Homelessness Strategic Plan, including the allocation of $2,338,623 to the Stockton Shelter for the Homeless for the construction of the Navigation Center.

The Navigation Center is the first of its kind Housing First, low-barrier, service-enriched shelter in Stockton. It will focus on moving homeless individuals and families into permanent housing and providing temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

The 11,000 square-foot, three-story Navigation Center is located on the grounds of St. Mary’s Dining Room (SMDR) and given the recent changes in the overall campus wide utilization, City staff will confirm highest and best use of the building prior to proceeding with FF&E purchases.

The estimated date of completion is Winter 2023/Spring 2024, pending approval of the recommended action.

City of Stockton Page 2 of 5 Printed on 10/12/2023
powered by Legistar™
117
File #: 23-0892, Version: 1
Grant funds issued to Stockton Shelter for the Homeless for the Navigation Center project in the amount of $4,847,045 have been committed by the City/County/Continuum of Care (CoC) to date, as follows:

HHAP 1 Grants Received:

City of Stockton $2,338,623
San Joaquin County $ 972,420
San Joaquin County CoC $1,121,960
HHAP 2 Grant Received:

San Joaquin County CoC $ 414,042 (added to help with increased costs) Total $4,847,045
Timeline
Construction of the Navigation Center commenced just under a year ago. § August 24, 2021: The contract between Stockton Shelter for the Homeless and the City was signed.
§ July 29, 2021: Stockton Shelter for the Homeless approves contract with RPM for Architecture and Engineering Services.
§ December 1, 2021: Stockton Shelter for the Homeless approves contract with Integrated Modular Systems (IMS) for the purchase, delivery, and prefabrication of the modular structure. § May 9, 2022: Stockton Shelter for the Homeless approves contract with G&G Builders (G&G) for the Installation of the Container Structure and Site Work. § June 26, 2022: Formal groundbreaking.
§ July 6, 2022: Anticipated construction commencement (permit delayed). § September 1, 2022: Caltrans requests new City/Caltrans lease. § October 22, 2022: Encroachment permit obtained; construction commences. § December 31, 2022: Winter storms impact construction timeline and damage containers § July 18, 2023: Stockton Shelter for the Homeless announces their impending closure. § September 1, 2023: The City of Stockton transferred the Stockton Shelter for the Homeless’ sublease to St. Mary’s Dining Room effective September 1, 2023. Stockton Shelter for the Homeless issued contract termination notices to their three contractors working on the project.

Stockton Shelter for the Homeless was in the final stages of construction when they announced on July 18, 2023, their impending closure. At the time of their announcement, there was a total balance/cost to complete of $1,641,961.40, excluding FF&E and landscaping.

City of Stockton Page 3 of 5 Printed on 10/12/2023
powered by Legistar™
118
File #: 23-0892, Version: 1
Present Situation
The City of Stockton, Economic Development Department, is assuming control of the Navigation Center project. While the Navigation Center is now a part of the SMDR campus, and SMDR will assume operations of the Navigation Center once complete, the sublease agreement between the City of Stockton and SMDR stipulates that completion of the Navigation Center construction is not the responsibility SMDR.

Prior to Stockton Shelter for the Homeless’ closure, EDD conducted an overall assessment of the project including conducting interviews with Four Leaf, the contracted state inspector, CalFire, and Caltrans about the project. Staff from EDD and Public Works conducted site visits with G&G and IMS, and project documents were shared with Public Works. It is estimated that the construction is about 75 to 85 percent complete. Currently, all construction of the Navigation Center has ceased.

This is a complex construction project; it is the only movable containerized construction project in the City, and it is located on State property with State inspectors. To complete, the project requires additional bids for landscaping and FF&E and may require additional contracts with RPM and IMS.

G&G was hired to install the container structure and conduct site work. They were not hired to serve as a Construction Manager (CM) or the General Contractor. City staff do not have the capacity nor the applicable experience to serve as the CM for this complex construction project. Staff thus recommends that the City hire a Construction Management Services firm and continue with the current contractors wherever possible. City staff solicited proposals from three CM firms. Griffin Structures was most experienced and competitively priced.

The CM contract (a draft, which will be substantially similar to the final contract, has been included as Attachment B - CM Contract) will provide the City with objective project management and technical expertise to represent the best interests of the City and the project. They will carefully monitor the project's progress through each remaining phase of construction and completion, ensuring that the various contractors involved in the project are doing their part to produce a quality structure that passes State inspections. These services provide a cost-benefit by creating efficiencies and mitigating risks through the close monitoring of the work being performed. The CM will also review the outstanding scope of work items for IMS and RPM and advise the City on the best course for contracting and completing that work.

The G&G contract (a draft, which will be substantially similar to the final contract, has been included as Attachment C - G&G Contract) provides a complete scope of work to complete the building envelope for the Navigation Center, excluding landscaping and FF&E, and includes a 15% contingency as a buffer for any unidentified expenses from the CM’s assessment of existing conditions.

The City has identified two sources to cover the remaining construction scope and the CM services. § $1,000,000 from the 2022-23 California Budget Bill Jr. (Chapter 249, Statutes of 2022, AB 179), Section 19.56, (Attachment D - AB179) designating State General Funds to be allocated by the Department of Housing and Community Development to the City of Stockton for completion of the Navigation Center project.

City of Stockton Page 4 of 5 Printed on 10/12/2023
powered by Legistar™
119
File #: 23-0892, Version: 1
§ $826,961.40 from the Council-approved ARPA contingency fund. Those funds have already been received by the City and are available for use.

Findings
Pursuant to Stockton Municipal Code section 3.68.070, Council may award a contract without competitive bidding where it approves findings which support an exception to the competitive bidding process. These findings include:

1. G&G is estimated at 75 to 85 percent finished with the construction scope. This project is highly specialized-it is the only containerized construction project in the City and is located on State property with State inspectors. All inspectors indicated that G&G has done quality work with no issues and felt the project was so far along that discontinuity that would result in "starting over" or rebidding the project would at minimum result in severe delays and at worse could compromise the integrity of the building.

2. The City does not have sufficient staff, resources, or expertise to manage or complete construction of this complex project.

3. The expeditious completion of the Navigation Center project is of paramount importance.

4. The construction site is locked, but there are construction materials and equipment on site, including roofing materials that were delivered but not yet installed. This exposes the City to risk of both construction theft and vandalism and damage to the building. The Navigation Center experienced extensive flooring damage due to flooding during the extreme rains last winter, and with a similarly wet forecast for this winter, it is imperative that the building gets sealed as quickly as possible to prevent further damage.

5. The recently approved Operations Agreement with SMDR includes a campus-wide sheltering plan, including the Navigation Center. That comprehensive plan provides the requisite number of shelter beds to close the shelter gap based on the most recent Shelter inventory count, but it is dependent on the completion of the Navigation Center. Further, Winter is fast approaching, and shelter need during those months exceeds capacity.

FINANCIAL SUMMARY
There is no financial impact to the City's General Fund as a result of this action. The $1.0 million awarded from the State General Fund pursuant to 2022-23 California Budget Bill Jr. will be received to the special grant fund in the housing division along with $1.0 million in corresponding construction costs. The $826,961 remaining construction and CM costs will be appropriated to the project from the Council-approved ARPA contingency fund.

Attachment A - 2020-11-17-1402
Attachment B - CM Contract
Attachment C - G&G Contract
Attachment D - AB 179
City of Stockton Page 5 of 5 Printed on 10/12/2023
powered by Legistar™
120
ATTACHMENT A 121
ATTACHMENT A 122
HHAP Funding Recommendations Exhibit 1
CASE
ID APPLICANT PROJECT TYPE Request to CITY %
Funding
Recommended
1 32548 Family Resource and Referral Center Outreach and Coordination $ 258,411.00 93.72% $ 258,411.00 2 32550 Lutheran Social Services Rapid Rehousing (Youth) $ 516,821.00 93.50% $ 516,821.00 3 30055 Stockton Self-Help Housing Permanent Housing $ 258,345.12 93.43% $ 258,345.12 4 30056 Housing Authority/DCDC Rental Assistance - Landlord Incentives $ 222,500.00 93.00% $ 222,500.00 5 32040 Stockton Shelter for the Homeless Emergency Shelter/Navigation Center $ 2,338,623.00 91.48% $ 2,338,623.00 6 32619 Central Valley Low Income Housing Corp
Rental Assistance - Landlord
Incentives/Permanent Housing - 90.78%
7 32100
San Joaquin County Behavioral Health
Services Emergency Shelter - 88.40%
8 32684 Central Valley Low Income Housing Corp Outreach and Coordination $ 151,925.81 88.21% 9 31894 City of Tracy Emergency Shelter - 88.00%
10 32253 Central Valley Low Income Housing Corp Rental Assistance - Landlord Incentives $ 581,424.00 87.93% $ 581,424.00 11 31851 Central Valley Low Income Housing Corp
Rapid Rehousing/Rental Assistance -
Landlord Incentives $ 904,437.00 87.71% $ 341,001.44
12 32039 Stockton Shelter for the Homeless
Rapid Rehousing/Rental Assistance -
Landlord Incentives $ 458,796.00 87.43% $ 341,001.44
13 30041 Tracy Community Connections Center Permanent Housing - 86.85% 14 32795 City of Lodi Permanent Housing - 85.82%
15 30063 Community Medical Centers
Rapid Rehousing/Rental Assistance -
Landlord Incentives/Outreach Coordination $ 917,736.00 84.74% 16 31273 City of Lodi Emergency Shelter/Navigation Center - 84.28% 17 30039 Housing Authority/DCDC
Permanent Housing/Outreach and
coordination $ 600,322.00 83.94%
18 32186 Visionary Home Builders Permanent Housing $ 2,138,241.00 83.94% 19 30051 Stockton Shelter for the Homeless Outreach and Coordination $ 177,268.00 83.21% $ 177,268.00 20 30478 Central Valley Low Income Housing Corp
Capitalized Operating Reserves/Permanent
Housing $ 387,616.00 82.51% $ 129,205.00
21 32799 Central Valley Low Income Housing Corp Outreach and Coordination $ 192,558.00 82.21% 22 32696 Central Valley Low Income Housing Corp Emergency Shelter/Permanent Housing $ 111,734.21 80.21% 23 30066 Children's Home of Stockton Outreach and Coordination (Youth) $ 509,276.00 79.71% $ 375,273.89 24 32037 Stockton Shelter for the Homeless Capitalized Operating Reserves $ 77,954.00 79.43% 25 32734 Tracy Community Connections Center Rental Assistance - Landlord Incentives - 79.28% ATTACHMENT A 123
HHAP Funding Recommendations Exhibit 1
26 30069 City of Manteca Navigation Center - 77.37%
27 32620 Ready to Work
Outreach and Coordination/Emergency
Shelter $ 338,968.11 77.07% $ 338,968.11
28 30180 Mary Magdalene Community Services
Outreach and Coordination/Rental
Assistance - Landlord Incentives - 76.21%
29 32187 Visionary Home Builders
Rental Assistance - Landlord
Incentives/Permanent Housing $ 2,185,499.00 75.37%
30 32729 Tracy Community Connections Center Outreach and Coordination - 72.50% 31 32768 City of Manteca Emergency Shelter - 71.20%
32 32185 Gospel Center Rescue Mission Emergency Shelter/Navigation Center $ 2,310,000.00 66.28% 33 30047 Gospel Center Rescue Mission
Outreach and Coordination/Emergency
Shelter/Navigation Center - 57.57%
34 32143 Gospel Center Rescue Mission
Outreach and Coordination/Emergency
Shelter/Navigation Center - 46.43%
Total requested $15,638,455.25 $5,878,842.00
Planning $ 129,205.00
Administration $ 452,218.00
Total $6,460,265.00
ATTACHMENT A 124
Professional Services Contract – Stockton Navigation Center 1 PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a municipal corporation (“City”), and GRIFFIN STRUCTURES, INC., whose address is 1850 WARBURTON AVENUE, SUITE 120, SANTA CLARA, CA 95050 (“Consultant”) for CONSTRUCTION MANAGEMENT – STOCKTON SHELTER NAVIGATION CENTER, hereinafter referred to as “Project”.

RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified, willing and able 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 mutual 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 which is attached to this Contract and incorporated by this reference.

Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A 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 according to the fee not to exceed the schedule detailed in Exhibit A.

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 $185,000 or as otherwise mutually agreed to in a written amendment executed by both parties.

3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B, incorporated by this reference, and shall comply with all provisions of Exhibit B.

4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Consultant shall hold harmless, defend, and indemnify City and its officers, officials, ATTACHMENT B 125
Professional Services Contract – Stockton Navigation Center 2 employees, and volunteers from and against any and all liability, loss, damage, expense, and costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Contract. These obligations shall survive the completion or termination of this Contract.

5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A. This Contract shall commence on the date written above and shall expire on December 31, 2024, unless extended by mutual agreement through a written amendment.
a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used and 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 limitation. City shall have no obligation or liability to pay any invoice for work performed which 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 employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex, or religion of such person. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. During the performance of this Contract, Consultant, for itself, its assignees, and ATTACHMENT B 126
Professional Services Contract – Stockton Navigation Center 3 successors in interest agrees to comply with Appendix E of the Title VI Assurances.
b. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The Consultant shall understand the conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=L AB&division=2.&title=&part=7.&chapter=1.&article=1.
c. 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 rates 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 purposes 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 determination 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.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

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 cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the Contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by Consultant, or by any subcontractor ATTACHMENT B 127
Professional Services Contract – Stockton Navigation Center 4 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 more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this Contract.
iii. PAYROLL RECORDS The Consultant shall ensure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention:

Contract 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) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
d. SANCTIONS
Conformity with all laws, as provided by this Section, includes compliance with federal sanctions, and Consultant 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 aid 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 warrants 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 required for the Consultant to practice 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 WorksEconomic Development 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 ATTACHMENT B 128
Professional Services Contract – Stockton Navigation Center 5 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 documents 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 matter in all materials is hereby assigned to the City and the Consultant agrees 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 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. 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 Consultant. If the Contract is so terminated, the Consultant shall be paid for work actually completed at the time the notice of termination is received.

11. CONSULTANT STATUS. In performing the obligations 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 Consultant 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 Consultant 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 Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. 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 Consultant.
i. It is further understood and agreed that 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.

ATTACHMENT B 129
Professional Services Contract – Stockton Navigation Center 6 ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.

12. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written 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.

13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: Griffin Structures, Inc.
1850 Warburton Ave.

Suite 120
Santa Clara, CA 95050
To City: City of Stockton Economic Development Dept.
400 East Main Street, 4th Floor
Stockton, CA 95202
Attn: Director

15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

16. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, 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 information requested, and shall permit City or its delegate access to its premises, 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 ATTACHMENT B 130
Professional Services Contract – Stockton Navigation Center 7 under investigation for the purposes of determining compliance with this Contract.

Consultant agrees to maintain such records for a period of three years from the date that final payment is made.

17. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

18. 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 investment 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.

19. WAIVER. In the event either City or Consultant 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.

20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract 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.

21. 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.

22. INTEGRATION AND MODIFICATION. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by 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 exhibits, the terms of this Contract will prevail.

23. 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.

24. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.

ATTACHMENT B 131
Professional Services Contract – Stockton Navigation Center 8 25. 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 GRIFFIN STRUCTURES, INC.

By: By:

HARRY BLACK

CITY MANAGER
ATTEST: Name:

By:

ELIZA R. GARZA, CMC Title:

CITY CLERK
APPROVED AS TO FORM:

By:

DEPUTY CITY ATTORNEY
ATTACHMENT B 132
Griffin Structures Fee Proposal
City of Stockton Navigation Center
September 15, 2023
Griffin Structures’ Fee Proposal is based on all reasonable costs necessary to perform Construction Management Services for the City’s Navigation Center project. For these requisite services Griffin Structures proposes the following Not-to-Exceed Fee based on hourly rates:

Project/Construction Management Services: $ 179,350
Reimbursable Expenses: $ 5,650
Grand Total $ 185,000
All proposed hourly rates are fully burdened and include overhead profit, taxes, and benefits. The hours identified for each individual employee and task are estimates only and are not to be construed as not to exceed hours for any individual task, phase, or time period. We reserve the right to reallocate hours between staff members, subconsultants, and tasks, in consultation with the City, in order to accomplish the overall objectives and requirements of the project.

Services are based on a 6-month schedule including construction, and closeout. Any extension of the schedule may result in an additional fee, in good faith negotiation with the City.

Approach to Project Schedule
This proposal assumes the following schedule/phasing plan and is illustrated in the Resource Allocation Schedule attached:

1. Due Diligence: September 2023 (1 Month)

2. Construction: October through December 2023 (3 Months)

3. Project Closeout: January through February 2024 (2 Months) Approach to Staffing & Project Team
To bring the highest level of efficiency and value to the City of Stockton, Griffin Structures has assembled following team:

Robert Godfrey will serve as the Principal-in-Charge/Project Executive throughout the project. In that role Robert will bring his extensive experience in transitional and affordable housing. For this level of service, we have allocated 160 hours of Robert’s time.

Hernan Munayco will serve as the Sr. Construction Manager for the entire duration of the project.

Hernan will bring leadership to the team, establish all construction management protocols, maintain all F ee P roposal GRIFFIN STRUCTURES 1
ATTACHMENT B 133
communications, and bring his considerable experience to bear including past experience as an architect. For this level of service, we have allocated a total of 565 hours of Hernan’s time.

Qualifications & Exclusions

1. Hourly rates are valid through December 31st, 2024 and will escalate by CPI annually thereafter.

2. Insurance costs are included as a reimbursable expense and will be billed monthly at the rate of $10 per $1,000.

3. On-site trailer rental, furniture, utilities, and sanitary facilities for our field staff (Project Management team) are excluded. We assume that offices will be provided as part of the construction site trailer(s) being provided by the City’s contractor.

4. Costs for all permits required for the project are excluded. It is assumed that the Agency will pay for all permitting fees, assessments, easements, school fees, and other agency or governmental fees or costs to support the design and construction the project. We have not included any permit related fees within our fee proposal. Permits will be pulled by others.

5. At no cost to the Owner, and subject to Internal Revenue Code 179D, (Deduction for Energy Efficient Commercial Buildings) Owner agrees to allocate any applicable tax deductions to construction manager (Griffin Structures) as may be relevant to ‘public entity’ projects.

6. Costs for construction staking, environmental and hazardous materials surveys, and all environmental and hazardous materials transportation and remediation costs are excluded.

7. Software licenses or user fees and all software training costs for specific project management software being required by either the Agency or their contractor(s) is excluded.

8. Cost of bulk blueprinting for plans and specifications for use by the contractors and subcontractors is excluded. Funds included in reimbursable expenses are for Griffin printing costs alone.

9. Independent or third-party testing companies such as Roofing, Peer Reviews, LEED, or other specialized third-party oversight services other than those listed herein are excluded.

10. Commissioning requirements required by Cal Green (Title 24) are excluded. Griffin will manage the commissioning process, but we have not included a commissioning agent, nor development of commissioning specifications.

11. No FF&E or OS&E procurement is included in this proposal. Griffin will help the City facilitate planning FF&E working with the facility operator and help the City identify a procurement strategy.

12. Construction Site Security is excluded.

13. Construction Manager will review all RFIs, Submittals, and Substitutions only for completeness, approvals to be executed by the designer of record.

14. This proposal does not include a formal independent Inspector of Record (IOR); it is assumed F ee P roposal GRIFFIN STRUCTURES 2
ATTACHMENT B 134
that any Building Department inspections will be performed by the State of California inspections staff. As part of discovery, Griffin will review inspection records and be present for future inspections as the City’s liaison.

15. Construction Cost Estimates, when provided, are based on standard industry practice, professional experience, and knowledge of market conditions. Griffin has no control over material and labor costs, or contractor’s methods of establishing prices or the market and bidding conditions at the time of bid. Therefore, Griffin does not guarantee that bids received will not vary from the cost estimate provided and Griffin is not liable for any costs, liabilities, or damages incurred by the Agency arising from Griffin’s opinion of cost, the actual project cost to the Agency, delays caused by events outside the control of Griffin, or any labor or material cost increases.

16. Griffin is not responsible for, and the City will hold Griffin harmless from, any schedule delays and/or any losses, damages, or liabilities resulting therefrom that are caused by (1) events or conditions that are outside of Griffin’s control or (2) the acts or omissions of parties for whom Griffin is not legally liable (collectively, “Non-Consultant Delays”). The schedule for completion will be extended for any Non-Consultant Delays. If Griffin incurs additional costs or expenses due to Non-Consultant Delays, then Griffin’s fee compensation will be equitably adjusted to cover such additional costs or expenses.

17. CASp review and inspection services are excluded.

18. Dry utility coordination services are not included. Griffin will review the current status of utility procurement and advise the City on status and any needs identified.

F ee P roposal GRIFFIN STRUCTURES 3
ATTACHMENT B 135

PIC/PROJECT

EXECUTIVE
SR. CONSTRUCTION

MANAGER
Robert
Godfrey
Hernan
Munayco
$240/hr. $230/hr.

DUE DILIGENCE 60 104
Kick-Off Meeting Incl Incl
Review Current Project Conditions Incl Incl
Review Current Project Documentation Incl Incl
Familiarization with Plans & Specifications Incl Incl
CONSTRUCTION MANAGEMENT SERVICES 140 461
Contract Administration Incl Incl
Submittal Review & Processing Incl Incl
OAC Meetings Incl Incl
Quality Assurance Incl Incl
Coordination with Other Consultants Incl Incl
Construction Observation Incl Incl
Document Non-Conforming Work Incl Incl
Progress Review Incl Incl
Maintain On-Site Records Incl Incl
Review Payment Applications Incl Incl
Evaluate Change Orders Incl Incl
Project Status Reports Incl Incl
Collect Operations & Maintenance Manual, Warranties & Releases Incl Incl Reviw As-Built Documents Incl Incl
Coordinated Training Sessions Incl Incl
Oversee Commisssioning & Start-Up & Testing Incl Incl
Monitor Storm Water Pollution Prevention Plan Incl Incl Prepare Punch Lists Incl Incl
Final Project Report & Payment Incl Incl
Total Hours 200 565
Subtotals $49,400 $129,950
PROJECT / CONSTRUCTION MANAGEMENT TOTAL $179,350
REIMBURSABLE COSTS $5,650
Submittal Exchange NIC
Insurance $1,795
Misc. Office Supplies & Printing $3,855
GRAND TOTAL $185,000

PROJECT PHASE
Fee Proposal
F ee P roposal GRIFFIN STRUCTURES 4
ATTACHMENT B 136

SEP OCT NOV DEC JAN FEB

PROJECT PHASE
Due Diligence
Construction
Closeout
TOTALS
Project Executive 60 60 20 20 20 20 200
Construction Manager 104 104 104 104 104 45 565
0 Project Executive $ 14,400 $ 15,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 49,400 Sr. Construction Manager $ 23,920 $ 23,920 $ 23,920 $ 23,920 $ 23,920 $ 10,350 $ 129,950 $ - $ - $ - $ - $ - $ - $ -
$ 38,320 $ 38,920 $ 28,920 $ 28,920 $ 28,920 $ 15,350 $ 179,350 2024

MONTHLY STAFFING HOURS
2023
Resource Allocation Schedule
F ee P roposal GRIFFIN STRUCTURES 5
ATTACHMENT B 137
Exhibit B:

Insurance Requirements for Professional Services
Consultant (referred to in this Exhibit as “Contractor”) shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

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

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

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

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

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

ATTACHMENT B 138
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this ATTACHMENT B 139
provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

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

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

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

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

ATTACHMENT B 140
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT B 141
1 CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between G&G BUILDERS INC, a STATE OF CA CORPORATION, with a business address at 4542 CONTRACTORS PL, LIVERMORE, CA 94551, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W I T N E S S E T H:

WHEREAS, funding for the construction of NAVIGATION CENTER, hereinafter called “PROJECT,” was adopted by Council Resolution No. 2020-11-17-1402, on November 17, 2020; and
WHEREAS, the contract for the Installation of the Container Structure and Site Work was originally awarded to CONTRACTOR, by the Stockton Shelter for the Homeless, on May 9, 2022.

WHEREAS, the City assumed responsibility for the completion of the Navigation Center upon the transfer of the Stockton Shelter for the Homeless’ sublease to St. Mary’s Dining Room, and the Stockton Shelter for the Homeless’ cancelation of all Navigation Center construction contracts, effective September 1, 2023.

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

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the Installation of Container Structure and Site Work of PROJECT in accordance with the Encroachment permit obtained on October 22, 2022, the California State Fire Marshall Permit # 21-N-3527-C-DR approved on June 30, 2022, and Exhibit A. The "contract documents," which include Exhibit A and stamped permit, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth. The contractor, promptly after being awarded the Agreement, shall submit to the City a Contractor’s construction schedule for the Project.

The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion which shall be no later than the Work Completion Date in Section 6 below; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule may be revised at appropriate intervals as required by the conditions of the Work and Project.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Economic Development of the City of Stockton. Total compensation for services and ATTACHMENT C 142
2 reimbursement for costs shall not exceed $1,341,961.48, or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference.

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

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

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

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

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

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

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

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

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

ATTACHMENT C 143
3 CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

4. INDEMNITY AND HOLD HARMLESS. 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.

5. STANDARD PLANS AND SPECIFICATIONS. For any work in the City Right of Way/items covered under the Encroachment Permit that would be inspected against City Standards, the performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration date of May 31, 2024 (the “Work Completion Deadline"). It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed by the Work Completion Deadline, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000) per day for each and every calendar day's delay in finishing the work in excess of the Work Completion Deadline; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements by the Work Completion Deadline, the CITY shall ATTACHMENT C 144
4 have the right to extend the Work Completion Deadline or not, as may seem best to serve the interest of CITY, and if the CITY decides to extend the said Work Completion Deadline, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

CONTRACTOR shall not be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Economic Development, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Economic Development in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive (each, a “Covered Delay”). For each day where there is a Covered Delay, the Work Completion Deadline shall be extended a corresponding number of days.

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

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

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

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

ATTACHMENT C 145
5 b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall ATTACHMENT C 146
6 reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Economic Development Department, Attention Director shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

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

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon ATTACHMENT C 147
7 the basis of the progress certificate of the Director of Economic Development as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Economic Development of such completion.

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

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

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

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

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

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

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal ATTACHMENT C 148
8 business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.

CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.

12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.

It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.

ATTEST: CITY:

ELIZA R. GARZA

CITY CLERK
By:

By: HARRY BLACK

CITY MANAGER

APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

G&G Builders, Inc.

By:

DEPUTY CITY ATTORNEY
Tax Identification
ATTACHMENT C 149
September 20, 2023
City of Stockton
Carrie Wright
[email protected]
209.937.8694
Project: Stockton Shelter for the Homeless, 411 S. Harrison St., Stockton, CA 95203 Below is the summary of scope and pertinent information for the Stockton Homeless Shelter project qualification letter provided at bid time for your reference. Revisions, comments/notes, including remaining scope of work to complete this project per G&G Builders contract obligations shown in blue to also include scope items that will need to be completed by others that were not included within our original base contract scope of work:

Budget Breakdown:

Base Bid/Contract Value: $2,490,515.00
Approved Change Orders: $129,086.71
Revised Contract Amount: $2,619,601.70
Total Completed & Stored/Billed to Date (Including Aug. 2023 PayApp-011): $1,976,145.82 Balance to Finish: $643,455.88
Potential Change Orders per Scope Changes Log dated 08/17/23: $511,467.15 Includes PCO’s 04, 08, 10, 11, 13, 14, 15, 16, 18, 19 (ROM) & 20 *ROM to paint exposed MEP Piping if required per PCO-17: $12,000.00 Total Balance/Cost to Complete including PCO’s = $1,166,923.03 15% Contingency: $175,038.45
Total Balance/Cost to Complete (including PCO’s & 15% Contingency) = $1,341,961.48 Project Documentation Available:

1. 100% Construction Documents dated 01/26/2022 (issue date: 02/02/2022) **There was a typo on the project drawing coversheet, see below:
a. Fire Access Submittal
b. CSFM Permit #21-N-3527-C-DR
c. Includes Architectural, Civil, Electrical, Mechanical, Plumbing, Concrete Foundation, Structural, and Fire Sprinkler plan sheets.

2. Delta 1, Plan Review Comments (02/22/2022), 100% Construction Documents dated 04/13/2022. a. CSFM Permit #21-N-3527-C-DR

3. Stockton Shelter for the Homeless Compiled Drawing Set received on 03/09/2023, reference downloadable Dropbox link below:
a. Stockton Shelter for the Homeless - 100% Construction Documents (CalFire Permit #21- N-3527-C-DR)
ATTACHMENT C 150
Page | 2
00 23 00 – Office Trailers
• Provide (1) 8’x40’ Jobsite Combo Container/Trailer
o Includes on-site storage.
o Includes on-site office.
01 00 00 – General Requirements/Conditions
• The original budget provided does not have Prevailing Wage included. • G&G Builders and subcontractors have provided budget numbers based on Prevailing Wage as this is a Public Works project.
• Includes the following:
o On-site Supervision
o Site Specific Safety Plan
o Equipment Rental as required.
o Project Management & Administration as required.
o Progressive & Final Clean-up
• Reference PCO-18 – Extended GC’s to include additional cost impacts for On-Site Supervision, Project Management/Administration and Equipment Rental due to the project delays outside of G&G Builders control. (Weather, Caltrans approval, CalFire approval, Lease Amendment between Caltrans, City of Stockton and Stockton Shelter for the Homeless. 01 45 35 – Special Inspections
• Excludes costs for any Special Inspections (Removed)
• Revised overall budget to include $20,000 cost for Special Inspections (taken from cost code: 21 10 00 Fire Sprinkler budget of $25,000.) Fire Sprinkler budget revised to $5,000 in lieu of $25,000 originally included.
01 45 00 – Code Inspections
• Reference PCO-06 – Code Inspections to cover the cost for code inspections by a 3rd party firm (4LEAF, Inc.)
• Note, code inspections reports to be provided to CalFire to review in order to obtain Certificate of Occupancy.
01 45 35 – Surveys (Complete)
• Includes costs for site surveys as required.
o If survey costs increase, G&G Builders will review and submit a change order if necessary for review/approval that will be taken against the contingency to cover overages. 01 89 00 – Site Construction
• Approx. 6,000SF of (N) 20’-0” wide fire access lane with red ‘Fire Lane-No Parking’ approx. 630LF of painted red curb per keynote 17 on A1.0 per approved site plan dated 01/26/22. o The (N) Fire Access Road requires additional sitework, trenching and grading as required. • Includes approx. 4,400SF of 4” concrete walkway throughout the site for ADA access and to the parking lot as required.
o Includes additional excavation and approx. 6” thick of engineered fill material as required before the (N) concrete walkway is placed.
• Excavation of site cost is higher now that there is more information available for the concrete foundation, footings, and flat work.

ATTACHMENT C 151
Page | 3
• Reference revised scope of work per PCO-07 – Revised Concrete Sidewalks & Fire Lane along with PCO-13 – Revised Concrete Walkways per latest Landscape drawings provided by Jeffrey Gamboni.
• Excludes irrigation and planting scope of work, to be completed by others under a separate contract.
• Reference downloadable Dropbox link below:
o Stockton Shelter for the Homeless - Final Landscape Drawing Set (Received 08/01/23) 02 20 00 – Fire Access Road
• Provide (N) compacted gravel fire access road.
o Includes excavation as required.
• Fire Access Road for fire apparatus turnaround is shown on sheet A1.0 per keynotes 16 & 17.

G&G Builders qualified as compacted gravel in lieu of AC asphalt pavement to reduce overall costs.
• Compacted gravel fire road was not acceptable, please reference PCO-07 – Revised Concrete Sidewalks & Fire Lane to provide an AC paved fire road in lieu of compacted gravel. 02 30 00 – Excavation & Site Grading
• Assumes approx. 420 CY of spoils to be spread on-site, not compacted, or rolled. o Excludes hazardous soil, removal and/or off-haul if required. o Construction definition of ‘spoil’ is excess material removed as overburden or generated during road or landing construction which is not used within limits of construction. o If there are more than 420 CY of spoils removed for underground utilities, site concrete, concrete foundations/footings, etc. that will also be spread throughout the site. ▪ If this cannot take place, there will be a cost to load/off-haul/dispose of any remaining dirt/spoils removed from the site.
• Reference PCO-13 – Revised Concrete Walkways for additional excavation as required per revised Landscape Layout.
02 41 00 – Modular Building Demolition (Complete)
• Includes demolition, off-haul, and disposal/dump fees of (1) (E) modular building. 03 00 00 – Concrete (Complete)
• (N) Engineered concrete foundation and footings per sheets F100 & F400 o Includes (27) PL3/8”x16”x16” w/(4) 3/4" dia. x 6” studs at ea. plate o Included (12) PL1/4”x12”x12” w/(4) 3/4" dia. x 6” studs at ea. plate o Sheets F100 & F400 are included within the 100% Construction Document project drawing set dated 01/26/2022 referenced on ‘Page 1’
• (N) Elevator concrete pit with walls and elevator machine room concrete pad o Includes engineering as required.
31 10 00 – Palm Tree Removal (Complete)
• Cut/Remove/Dispose of (1) (E) Palm Tree including root ball as required. 05 00 00 – Container Erection & Field Welding (Complete) • Includes rigging, hoisting, and setting of IMS containers o Includes costs of crane as required.
• Includes certified field welding of IMS containers as required. • This scope of work has been completed.

ATTACHMENT C 152
Page | 4
05 51 00 – Design Building Egress Stairs
• Furnish/Install (2) (N) design-build Egress stairs per sheets A.9.0, A9.1 & A3.0 o Stairs to go from Level 1 to Level 3
o Includes guardrails and handrails as required.
o Includes pedestrian gates and fencing as required.
o Includes corrugated metal roof at each stair.
o Includes Erection/Shop Drawings and Engineering as required. • Provide concrete footings and concrete slab as required for the (N) egress stairs as required. • Reference PCO-20 - Re-Design Egress Stairs to include additional costs to redesign the stair erection drawings and recreate the stair fabrication drawings to accommodate actual field dimensions, elevations, footing locations which deviate from the already reviewed/approved stair erection and fabrication drawings.
07 50 00 – Membrane Roofing w/Gutters & Downspouts
• Provide (N) Membrane Roofing per proposed Roof Plan dated 01/07/22 and details shown on sheet A2.2 dated 01/7/22.
o (N) roof qualified as 2x6 wood board around the roof perimeter with tapered insulation to provide 1/4" slope as required. Includes gutters and downspouts as required. o Includes (N) roof hatch and ladder as required.
• Reference PCO-15 – Roof Cost Impacts due to material/labor cost increases along with the value engineered option was not acceptable due to not meeting the minimum acceptable ‘R’ value.
• Integrated Modular Solutions (IMS) to install 3-1/2” thick fiberglass batt insulation on the 3rd floor above the ceiling grid.
• Roofing subcontractor is scheduled to load material onto the roof Tuesday 8/29/23. 09 01 01 – Painting
• Includes allowance for exterior paint touch-up as required after field welding of the containers has been completed. Work to be scheduled/complete.
• Includes allowance for interior paint touch-up as required after containers have been set in place and any drywall patching was completed. Complete.
09 21 00 – Gypsum Board Assemblies
• Includes costs for drywall patching of interior walls as required once the floors have been delivered and set in place. Work has been Completed.
o All Interior gypsum board wall assemblies will be completed at Integrated Modular Solutions factory by others. This cost is for any on-site drywall patching that may be required due to shipping damage, trade damage and/or access for MEP installation. • Excludes any on-site work and/or cost impacts to correct the (E) walls to be fire rated as shown within the drawings, this is to be completed by the container manufacturer, Integrated Modular Solutions (IMS).
13 44 00 – Modular Building Relocation (Complete)
• Relocate (1) (E) 24’x40 & (1) (E) 12’x40’ modular buildings. o Includes electrical safe-off and temporary reconnection. o Excludes cost to demolish/off-haul (2) (E) modular building trailers when construction is completed.
• Includes demolition of (E) fence to allow for modular buildings to be relocated.

ATTACHMENT C 153
Page | 5
• This work has been completed. Note excludes costs to remove/relocate the (E) Staff Office Modular Trailer and excludes costs to safe-off/remove (E) electrical to that building if required. 14 20 00 – Modular Elevator & Machine Room
• Installation has been completed, once the building receives power G&G Builders will schedule for the elevator installer to come back on-site to complete the installation/setup, including inspections.
• Reference PCO-14 Elevator Seismic Gap that is required and determined after the deposit was issued to the modular elevator manufacturer (Phoenix Modular) and Engineered drawings received which dictated a seismic gap requirement that was unknown at the time of base bid contract issuance.
• Furnish/Install (1) Modular Elevator, Phoenix Modular model #SLF-AC3000, 3,500 lb. capacity. o 3 inline stops, 24 feet 0 inches of travel (assumed)
o Engineered for 100 fpm travel speed, 208 volts, 3-phase, seismic zone 4, wind speed 90 mph.
o Compliant with 2004 A17.1 elevator code.
o Hoistway
▪ 5/8” exterior fire-rated Type X sheathing
▪ Flat Duro-Last roof
▪ 1-hour drywall
▪ Steel lining in pit area
▪ Mold-resistant sealer on drywall
▪ 15-pound T rails
▪ 2-stage telescoping hole-less jacks
▪ Pit ladder
▪ NEMA 4 pit light and outlet
▪ Stop switch.
▪ Overspeed/rupture valve
o Doors and Entrances
▪ White enamel 42” single slide hatch doors and entrances o Cab
▪ 3500 lb capacity ADA wheelchair-compliant cab
▪ Stretcher compliant with IBC 2006 and later
▪ Wood core walls with WilsonArt plastic laminate in your choice of standard color ▪ Suspended Island aluminum frame ceiling with polycarbonate panels ▪ White enamel 42” single slide doors in front
▪ Stainless steel floor vents
▪ 1-1/4" round railing on rear walls
▪ Single-speed fan
▪ Light and outlet in top of car
▪ Wood sub-floor ready to receive flooring of choice.
▪ Certificate frame in car
o Controls
▪ Brushed stainless steel fixtures.
▪ Cab operating panel with:
▪ Digital position indicator
▪ Emergency light
▪ Locked firefighter’s box
▪ Alarm bell
▪ Door open/close buttons
ATTACHMENT C 154
Page | 6
▪ ADA hands-free autodialer
▪ Illuminated buttons with Braille
▪ In-car access-enable switch
▪ Independent service switch
▪ Hallway operating panels with:
▪ Call buttons with Braille for each floor
▪ Fire service key on main egress
▪ “In Case of Fire” sign (provided separately)
▪ Hoist way access switch on top and bottom floor
▪ Hall directional lanterns (for all stops)
▪ EC Pixel Controller with:
▪ Simplex
▪ Selective collective
▪ Soft-start motor
▪ Nudging
▪ Reverse phase detector
▪ On-board diagnostics
▪ Fire service
o Modular Machine Room
▪ Modular machine room to go on the side or rear of the elevator. ▪ 5/8” exterior fire-rated Type X sheathing
▪ Sloped Duro-Last roof
▪ 1-hour drywall
▪ Pump, tank, motor, valve, and controller mounted in room. ▪ Pre-installed electrical, including 3-phase disconnect for controller. ▪ Mini split unit
▪ Low oil/negative pressure switch
▪ Two ball valves
▪ Blowout muffler
▪ Pre-cut piping/fittings package
▪ Additional Engineering for Modular Elevator concrete foundation w/pit walls and machine room concrete foundation
21 10 00 – Fire Sprinklers
• Budget includes costs for any on-site fire sprinkler work required. o Excludes engineered fire sprinkler drawings, fire riser, and permit/inspection fees • Includes allowance to cover fire sprinklers at egress stair and elevator to tie-in to the building fire sprinkler system. (Removed)
• Engineered Fire Sprinkler drawings (included within the 100% CD set dated 01/26/2022) were completed by Fire Protection Engineering Services and stamped by a Professional Fire Protection Engineer Donald Keil Neal on 02/16/2022.
o Fire Sprinkler scope of work/subcontractor falls under Integrated Modular Solutions contract and not G&G Builders.
o Allowance initially included was for any on-site fire sprinkler work that may be required. • Revised overall budget to include a $5,000 cost for Fire Sprinklers (moved $20,000 from cost code 21 10 00: Fire Sprinklers to cost code 01 45 35 – Special Inspections to cover Special Inspection costs).
• Fire Sprinkler budget revised from $25,000 to $5,000.

ATTACHMENT C 155
Page | 7
• Fire Sprinkler contract is directly with the container manufacturer, Integrated Modular Solutions (IMS). To confirm, the (N) underground fire water has already been installed and inspected by CalFire.
22 00 00 – Plumbing
• Engineered Plumbing drawings dated 02/02/2022.
o Includes exterior underground plumbing connections to inline main point of connect at containers.
o Includes interior plumbing connections from container to container as required. • All interior and exterior plumbing connections have been completed except for some interior water connections as there is no access based on where Integrated Modular Solutions roughedin the water lines. To be completed on-site by IMS. • IMS needs to finish installation/connections of the hot water heaters as they were not completed in the factory.
23 00 00 – HVAC
• Engineered Mechanical drawings dated 02/02/2022.
o Includes allowance for on-site HVAC connections from the (12) (N) rooftop condenser units to the interior split units as required.
• All interior copper set line connections have been completed, once the roof installation is complete the (12) roof top mounted condensing units will be installed along with connect the copper set lines coming out of the building to those units. • Note, the roof is scheduled to be completed early to mid-September. 26 00 00 – Electrical
• Engineered Electrical drawings dated 02/02/2022.
o Includes budget allowance for all on-site electrical connections as required between containers/floors once on-site final assembly is completed. • Includes (N) 800-Amp upgraded electrical switchgear to handle the final calculated load as required.
• Includes disconnects, wire and terminations for (12) (N) rooftop condenser units. • Includes power for (N) elevator machine room, cabin lights, pit light and outlet as required. • Includes all underground raceways and conduits per plans. • Includes (N) 3/4" conduit raceway from elevator machine room to phone board. • Includes termination and testing of all (N) electrical and inspections as required. • Coordinate/schedule trenching and installation of underground conduit from the (N) electrical switchgear to the (N) transformer and underground conduit from switchgear to (E) Modular Building to remain per PCO-07 – Revised Concrete Sidewalks & Fire Lane. • Install underground conduit from (N) electrical switchgear to (E) Maintenance Building per PCO04 – (N) Power at (E) Maintenance Building. o Waiting for revised change order pricing to provide (N) electrical sub-panel and wire (E) electrical receptacles & (E) lighting fixtures within (E) Maintenance Building to ensure code compliance.
• All interior electrical connections on the 1st/2nd floor have been complete and the 3rd floor should be completed before the end of August 2023.
• (2) electric water heaters installation needs to be completed on-site by IMS before electrical contractor can complete electrical connections.
• Once (N) electrical switchgear is energized, electrical contractor will need to test/trouble-shoot all devices/fixtures as needed.

ATTACHMENT C 156
Page | 8
• Need to schedule final interior electrical inspections once everything has been connected, tested and function as intended.
28 31 00 – Design Build Fire Alarm System
• Includes (N) turnkey Design Build code compliant Fire Alarm system as required. o Excludes area of refuge if required.
• Includes Engineered Fire Alarm drawings.
• The proposed system is based on a Fire Warden by Honeywell platform system. • In Progress, fire alarm system has been roughed-in on-site at all (3) floors, devices will be connected/installed/tested once the ceiling tiles have been installed by IMS. 03 12 50 – Erosion & Sedimentation Controls
• Includes budget for erosion and sedimentation controls as required. 32 16 00 – Concrete Flatwork
• Includes allowance for (N) concrete flatwork as shown per sheet A1.0 • Reference PCO-13 – Revised Concrete Walkways to include pricing based on the revised/finalized Landscape layout.
32 31 00 – Stairwell Fencing & Gates
• Furnish/Install (N) galvanized metal lath fencing at egress stairs per sheet A3.0 • Furnish/Install (2) (N) metal pedestrian gates with expanded metal lath per 3/A3.0 & 4/A3.0 • To be installed once the egress stair installation has been completed. 33 00 00 – Underground Utilities
• Engineered Civil drawings dated 12/24/22 (issue date: 02/02/2022) o There was a typo on the project drawing coversheet, see below:
• Includes the following underground Civil scope:
o (N) 4” Sewer Service. Complete.
o (N) 2” Domestic Water Service. Complete.
o (N) 2” Water meter with backflow. Complete.
o (N) 4” Fire Water w/(N) 4” Gate Valve, (N) 4” PIV & (N) FDC. Complete. o Includes (1) (N) Fire Hydrant per Cal Fire response. Removed per latest reviewed/approved CalFire drawing set.
• Includes removal of (E) AC pavement to install (N) underground utilities and patch back with (N) AC pavement as required.
• Includes (2) exterior connection points for the 4” sewer and 2” domestic water to the IMS containers. Complete.
• Underground electrical conduit to be installed from (N) electrical switchgear to (N) transformer and (E) Modular building and tentative completion date to be early to mid-September. • Coordinate/schedule inspection with PG&E and 3rd party code inspection firm (4LEAF).

ATTACHMENT C 157
Page | 9
Men’s Short term/Overnight (E) Modular Buildings (By Others) • Excludes all work related to disconnecting/removing/relocating the (E) Men’s short term/overnight Modular buildings to be donated once construction is completed. This work is to be completed by others.
• (E) Modular Building to now remain and stay in place, need to provide (N) underground conduit/power to building once PG&E service is switched over to the (N) meter. • Excludes any other work associated with this (E) Modular Building if required.

Exclusions:
• Excludes any manufacturing deficiencies addressed by CalFire regarding the fire rated walls, fire rating of structural steel members (steel columns, bottom/top side of modular containers), fire resistive paint coatings, door frames/door swing direction, floor-to-floor penetrations, gypsum board installation, wall assembly construction, etc.
o Reference CalFire Inspection Report 140706 dated 05/08/2023. • Excludes any and/or all code deficiencies of the modular containers if applicable, as they were inspected/passed by Intertek within Integrated Modular Solutions factory in Arizona. • Excludes any other manufacturing deficiencies during manufacturing, to be corrected by Integrated Modular Solutions (IMS) if required.
• Excludes any utility service/permit/inspection fees for Cal Water, PG&E along with City of Stockton sanitary sewer lines if applicable.
• Excludes furnish/installation of washers and dryers within Laundry Room #309 as shown per sheet A2.2, to be provided/installed by Integrated Modular Solutions (IMS). • Excludes installation of lighting and ceiling tiles on the 1st and 2nd floors, to be installed by Integrated Modular Solutions (IMS).
• Excludes installation of batt fiberglass insulation above the (E) ceiling grid at the 3rd floor, to be installed by Integrated Modular Solutions (IMS).
• Excludes costs to troubleshoot any electrical, mechanical, and plumbing connections completed at the factory if required.
• Excludes any planting and/or planting irrigation scope shown within the Landscape drawing set, to be completed by others.
• Excludes repair and/or replacement of (E) Asphalt throughout the site if required. • Excludes any work associated with the gaps from floor to floor, to be completed by Integrated Modular Solutions (IMS).
• Excludes any work with the (E) Modular Buildings on-site. • Excludes painting of (N) corrugated metal side on Modular Elevator and Elevator Machine room. • Excludes any fire sprinkler related scope of work, the be completed by Guardian Fire Protection which is Integrated Modular Solutions (IMS) subcontractor. • Excludes any low voltage/data scope of work, to be completed by others. • Excludes any security camera scope of work if required, to be completed by others. • Excludes any interior/exterior signage scope of work if required outside of the ADA parking signage/stripping as required.
• Excludes any additional costs for bonding if applicable due to a new contract being issued by the City of Stockton for the balance of work remaining to be completed including potential change orders.
• Excludes Builders Risk insurance if required.
• Excludes all permit/inspection fees if applicable for PG&E, CalFire, Cal Water and City of Stockton. Note, to confirm G&G Builders is responsible for all special inspections and 3rd party code inspections with 4LEAF, Inc.
• Excludes all interior furniture and/or exterior site furnishings as required.

ATTACHMENT C 158
Page | 10
As always, please feel free to contact me with any questions.

Sincerely,
Tom Stavropoulos
Project Manager
(510) 882-3478
ATTACHMENT C 159
ID Task Name Duration Start Finish
0 22-1013 - Stockton Shelter for the Homeless (TENTATIVE) 166 days Tue 8/15/23 Tue 4/2/24 1 Phase 2 Contract issued by the City of Stockton 0 days Fri 9/29/23 Fri 9/29/232 Fully-Executed Contract 3 days Fri 9/29/23 Tue 10/3/233 Revised Payment/Performance Bonds? 3 days Wed 10/4/23 Fri 10/6/234 Revised Insurance? 3 days Wed 10/4/23 Fri 10/6/235 NTP Issued 1 day Mon 10/9/23 Mon 10/9/236 Planning 100 days Tue 8/15/23 Mon 1/1/247 Submittals 50 days Tue 8/15/23 Mon 10/23/238 PG&E/Caltrans Permit for (N) Power Pole (TENTATIVE) 8 wks Tue 8/15/23 Mon 10/9/239 Egress Stair Erection Drawings Submittal 3 wks Tue 9/12/23 Mon 10/2/23 10 Egress Stair Fabrication Drawings 3 wks Tue 10/3/23 Mon 10/23/2311 Long Lead Procurement 60 days Tue 10/10/23 Mon 1/1/2412 Eggress Stair/Guardrails/Handrail Fabrication 10 wks Tue 10/24/23 Mon 1/1/2413 Elevator Seismic Gap Material 6 wks Tue 10/10/23 Mon 11/20/2314 Construction 127 days Mon 10/9/23 Tue 4/2/2415 Mobilization 1 day Mon 10/9/23 Mon 10/9/2316 Mobilization 1 day Mon 10/9/23 Mon 10/9/2317 Build Out 127 days Mon 10/9/23 Tue 4/2/2418 Trench/Backfill (Underground Utilities) 2 wks Mon 10/9/23 Fri 10/20/2319 Underground Electrical 2 wks Mon 10/16/23 Fri 10/27/2320 PG&E Inspections (Underground Conduit Switchgear to Transformer Pad) 2 days Mon 11/6/23 Tue 11/7/2321 Site Excavataion 2 wks Wed 11/8/23 Tue 11/21/2322 Baserock/Concrete Walkways 3 wks Wed 11/22/23 Tue 12/12/2323 Baserock/Asphalt Walkways 1 wk Wed 12/13/23 Tue 12/19/2324 Parking Lot Stripping 3 days Wed 12/20/23 Fri 12/22/2325 Interior & Misc. Electrical Connections 2 wks Mon 10/30/23 Fri 11/10/23 4/2
9/29
Fully-Executed Contract
Revised Payment/Performance Bonds?Revised Insurance?
NTP Issued
1/1
10/23
PG&E/Caltrans Permit for (N) Power Pole (TENTATIVE)
Egress Stair Erection Drawings Submittal
Egress Stair Fabrication Drawings
1/1
Eggress Stair/Guardrails/Handrail Fabrication
Elevator Seismic Gap Material
4/2
10/9
Mobilization
4/2
Trench/Backfill (Underground Utilities)
Underground Electrical
PG&E Inspections (Underground Conduit Switchgear to Transformer P Site Excavataion
Baserock/Concrete Walkways
Baserock/Asphalt Walkways
Parking Lot Stripping
Interior & Misc. Electrical Connections
Sep Oct Nov Dec Jan Feb Mar Apr May
Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024
Task Milestone Summary Submittals Progress Manual Progress Tue 9/26/23

Page 1 ends

Project: 22-1013 - Stockton Shelter for the Homeless (TENTADate: Tue 9/26/23

ATTACHMENT C
160
ID Task Name Duration Start Finish
26 Life Safety Wiring & Device Installation 2 wks Mon 10/30/23 Fri 11/10/23 27 Roofing/Gutter/Downspout Installation 3 wks Mon 10/23/23 Fri 11/10/2328 PG&E to Install (N) Power Pole (8-12 weeks after Permit Issuance) 3 days Tue 1/2/24 Thu 1/4/2429 Install (N) PG&E Transformer and Engergize Service (8-12 weeks after Power Pole Installation) 3 days Fri 3/29/24 Tue 4/2/2430 Install Rooftop HVAC Equipment 2 wks Mon 11/13/23 Fri 11/24/2331 Elevator Seismic Gap Installation 5 wks Mon 11/20/23 Fri 12/22/2332 Install East & West Egress Stairs 3 wks Mon 1/1/24 Fri 1/19/2433 Egress Stair Fencing & Gates 1 wk Mon 1/22/24 Fri 1/26/2434 Completion / Inspections 11 days Fri 1/26/24 Fri 2/9/2435 MEP Final Inspections 1 day Mon 1/29/24 Mon 1/29/2436 Pre-Life Safety Test 1 day Tue 1/30/24 Tue 1/30/2437 Final MEP Inspections 1 day Wed 1/31/24 Wed 1/31/2438 Fire Final Inspection 1 day Wed 1/31/24 Wed 1/31/2439 Final Building Inspections 1 day Thu 2/1/24 Thu 2/1/2440 Final Cleaning 2 days Thu 2/1/24 Fri 2/2/2441 Pre-Punch Walk 1 day Fri 1/26/24 Fri 1/26/2442 Final Punch Walk 1 day Mon 2/5/24 Mon 2/5/2443 Punch Walk Corrections 3 days Tue 2/6/24 Thu 2/8/2444 Substantial Completion 1 day Fri 2/9/24 Fri 2/9/2445 Closing 31 days Mon 2/12/24 Mon 3/25/2446 Close Project 30 days Mon 2/12/24 Fri 3/22/2447 As-Builts 2 wks Mon 2/12/24 Fri 2/23/2448 Warranties 2 wks Mon 2/26/24 Fri 3/8/2449 Closeout Package 2 wks Mon 3/11/24 Fri 3/22/2450 Contract Closure 1 day Mon 3/25/24 Mon 3/25/2451 Close Contract 1 day Mon 3/25/24 Mon 3/25/24 Life Safety Wiring & Device Installation
Roofing/Gutter/Downspout Installation
PG&E to Install (N) Power Pole (8-12 weeks after Pe
Install (N) PG&E Transfor
Install Rooftop HVAC Equipment
Elevator Seismic Gap Installation
Install East & West Egress Stairs
Egress Stair Fencing & Gates
2/9
MEP Final Inspections
Pre-Life Safety Test
Final MEP InspectionsFire Final Inspection
Final Building Inspections
Final Cleaning
Pre-Punch Walk
Final Punch Walk
Punch Walk Corrections
Substantial Completion
3/25
3/22
As-Builts
Warranties
Closeout Package
3/25
Close Contract
Sep Oct Nov Dec Jan Feb Mar Apr May
Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024
Task Milestone Summary Submittals Progress Manual Progress Tue 9/26/23

Page 2 ends

Project: 22-1013 - Stockton Shelter for the Homeless (TENTADate: Tue 9/26/23

ATTACHMENT C
161
REV 2022-05-17
Exhibit B:

Insurance Requirements for Stockton Shelter Navigation Center Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

5. Surety Bonds as described below.

6. Contractors Pollution Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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.

Self-Insured Retentions
ATTACHMENT C 162
REV 2022-05-17
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 Insured.

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.

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

1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds 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 and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.

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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, 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.

ATTACHMENT C 163
REV 2022-05-17

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

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the City of Stockton, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Stockton’s site.

Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

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

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

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

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

Umbrella or Excess Policies
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 ATTACHMENT C 164
REV 2022-05-17
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.

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

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Duration of Coverage
ATTACHMENT C 165
REV 2022-05-17
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT C 166
Exhibit C
ATTACHMENT C 167
ATTACHMENT C 168
ATTACHMENT C 169
ATTACHMENT C 170
ATTACHMENT C 171
ATTACHMENT C 172
ATTACHMENT C 173
ATTACHMENT C 174
ATTACHMENT C 175
ATTACHMENT C 176
ATTACHMENT C 177
ATTACHMENT C 178
ATTACHMENT C 179
ATTACHMENT C 180
California Budget Bill Jr.

Chapter 249, Statutes of 2022, AB 179
SEC. 19.56.
(a) (1) The amounts appropriated pursuant to this section reflect legislative priorities. (2) For allocations in this section that include a designated state entity, the entity shall allocate the funds to the recipients identified in the paragraphs following each designation. The state entity shall determine the best method for allocation to ensure the funds are used for the purposes specified in this section. Self-attestation by the receiving entity is an acceptable method of verification of the use of funds, if determined appropriate by the state entity. (3) Notwithstanding any other law, allocations pursuant to this section are exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Contracting Manual, and are not subject to the approval of the Department of General Services, including the requirements of Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of the Title 2 of the Government Code. (4) If an item number for the appropriate department for a state entity does not exist, and such an item number is required in order to make the specified allocations, the Department of Finance may create an item number for this purpose.
(5) Notwithstanding any other law, a designated state entity administering an allocation pursuant to this section may provide the allocation as an advance lump sum payment, and the allocation may be used to pay for costs incurred prior to the effective date of the act adding this paragraph. (6) The Department of Finance may authorize the transfer of allocating authority to a different state entity to facilitate the expenditure of the funds for the intended legislative purpose. Any state entity that allocates funds may also, in consultation with the Department of Finance, use an alternative local fiscal agent that is not identified in this section instead of the fiscal agent designated in this section if necessary to achieve the intended legislative purpose. Any change to the allocating state entity or fiscal agent made pursuant to this paragraph shall be reported to the Joint Legislative Budget Committee in writing at least 30 days, or no sooner than whatever lesser time after that notification the chairperson of the joint committee, or the chairperson’s designee, may determine, prior to the change. It is the intent of the Legislature to revise this section during the 2022-23 fiscal year to reflect any changes necessary to achieve the intended legislative purpose.
(7) Unless otherwise specified in this section, funds allocated pursuant to this section shall be available for encumbrance through June 30, 2024, and expenditure until June 30, 2026. (8) Funding provided in this section shall not be used for a purpose subject to Section 8 of the Article XVI of California Constitution. If the Department of Finance determines that any allocation would be considered an appropriation for that purpose, the funding shall not be allocated, and the department shall notify the Joint Legislative Budget Committee of that finding. (9) The amounts specified in subdivisions (b) to (m), inclusive, are hereby appropriated from the General Fund as follows:
(h) HOUSING, HOMELESSNESS PREVENTION, AND FOOD ACCESS
(1) To be allocated by the Department of Housing and Community Development as follows:
(I) $1,000,000 to the City of Stockton and the Stockton Homeless Shelter for a navigation center project.

ATTACHMENT D 181
City of Stockton
Legislation Text
File #: 23-0912, Version: 1

APPROVE A MOTION RATIFYING A CONTRACT AMENDMENT WITH STANTEC CONSULTING

SERVICES AND APPROVING A FOURTH AMENDMENT

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

1. Ratify City Manager’s approval of contract amendment #3 to the brownfield consulting services agreement with Stantec Consulting Services;

3. Authorize the City Manager to execute future contract amendments up to an additional $100,000; and

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

Summary
In 2018, the City of Stockton was awarded a grant from the Environmental Protection Agency (EPA) to perform community-wide assessments of brownfield sites within the Downtown. On October 8, 2019, City Council authorized by Motion 2019-10-08-1107 a contract with Stantec Consulting Services, Inc. (Attachment A - Contract) to prepare a brownfields site revitalization program, which included the performance of Phase I/II Environmental Site Assessments and creation of remediation planning documents.

In June 2022, the City of Stockton was awarded funding under the Department of Toxic Substances Control’s Equitable Community Revitalization Grant Program (ECRG) for brownfield cleanup activities at South Pointe. As the City was already under contract with Stantec, a portion of ECRG funds were amended into the existing Stantec contract to conduct activities that were consistent with the original Council-approved contract. These activities included the conducting of supplemental site investigation work and the preparation of Remedial Action Plans (RAP).

Through the course of performing investigation activities throughout 2023, additional contract amendments were required to complete the necessary activities and to advance the site toward remediation.

City of Stockton Page 1 of 3 Printed on 10/12/2023
powered by Legistar™
182
File #: 23-0912, Version: 1

DISCUSSION
Background
In 2017, the Economic Development Department (EDD) submitted an application to the EPA requesting funding under its Brownfields Coalition Community-wide Assessment Grant program. On April 25, 2018, the EPA selected the City for a $600,000 assessment coalition grant to develop a Brownfields Site Revitalization Program.

In June 2019, the City published a Request for Proposals (RFP) for a firm to assist in the preparation of the Brownfields Site Revitalization Program. The City received six proposals and after thorough review of the proposals, the selection committee chose Stantec. Staff recommended approval of a contract in the amount of $550,000 with Stantec to prepare the Brownfields Site Revitalization Program.

On October 8, 2019, City Council approved Motion 2019-10-08-1107 to enter into a contract with Stantec to conduct brownfield investigations and to support the development of remediation planning documents. The original contract amount totaled $550,000.

In June 2022, the City of Stockton was awarded $5,236,338 in funding under the Department of Toxic Substances Control’s Equitable Community Revitalization Grant Program (ECRG) for brownfield cleanup activities at South Pointe. As the City was already under contract with Stantec, a portion of ECRG funds were amended into the existing Stantec contract to conduct activities that were consistent with the original Council-approved contract. These activities included the conducting of supplemental site investigation work and the preparation of remediation planning documents.

Through the course of performing investigation activities throughout 2023, additional contract amendments (Attachments B and C - Contract Amendments) were required to complete the necessary activities and to advance the site toward remediation.

Present Situation
In accordance with City policies and procedures, the City Manager is authorized to approve contract amendments totaling no more than 10% of the original contract plus the City Manager’s authorization threshold of $100,000. With the original contract with Stantec totaling $550,000, the maximum amount that can be amended without Council authorization is $155,000, for a new contract amount of $705,000.

In August 2022, an amendment was processed to incorporate $99,000 (Attachment B - Contract Amendment 2) of ECRG funds into the contract to perform supplemental site investigation work, conduct a health risk assessment, provide regulatory support to the City, and prepare a RAP document for the South Pointe site. This amendment was within the City Manager’s authorization threshold.

Due to the extent of site investigation work that needed to take place in March 2023, a subsequent amendment was processed incorporating an additional $90,000 (Attachment C - Contract Amendment 3) of ECRG grant funds to ensure adequate budget to complete the remediation document, which brought the contract total to $739,000.

City of Stockton Page 2 of 3 Printed on 10/12/2023
powered by Legistar™
183
File #: 23-0912, Version: 1
After the first round of site investigation work was completed in early 2023, it was determined that additional investigative work would need to take place to determine the full extent of site contamination and to ensure the development of an accurate and comprehensive remediation document. The subsequent fieldwork was conducted in August 2023 at the direction of the Department of Toxic Substances Control (DTSC) to provide additional soil characterizations to adequately delineate chemicals of concern in soil and groundwater beneath the site. An additional amendment of $61,000 is required to cover costs of the second round of fieldwork on the South Pointe site and to complete the remediation document.

In order to maintain momentum on the project, EDD staff are seeking ratification of prior amendment #3 which increased the contract total above the Council limit, and approval for the additional $61,000 (Attachment D - Contract Amendment 4) amendment to the contract, bringing the total contract amount to $800,000. Staff are also seeking authorization to execute additional contract amendment (s) in an amount of up to $100,000 should further investigation activities be required.

FINANCIAL SUMMARY
There is no impact to the General Fund or any unrestricted funding source. All activities are funded through the $5,236,338 grant award from the State of California and are consistent with the grant terms and award.

Original Contract Amount $ 550,000
Amendment 1 No added funds
Amendment 2 99,000
Amendment 3 90,000
Requested Amendment 4 61,000
Total Contract Value 800,000
Authorized Contingency Amount 100,000
Total Council Authorization 900,000
Attachment A - Contract
Attachment B - Contract Amendment 2
Attachment C - Contract Amendment 3
Attachment D - Contract Amendment 4
City of Stockton Page 3 of 3 Printed on 10/12/2023
powered by Legistar™
184
ATTACHMENT A 185
ATTACHMENT A 186
ATTACHMENT A 187
ATTACHMENT A 188
ATTACHMENT A 189
ATTACHMENT A 190
ATTACHMENT A 191
ATTACHMENT A 192
ATTACHMENT A 193
ATTACHMENT A 194
ATTACHMENT A 195
ATTACHMENT A 196
ATTACHMENT A 197
ATTACHMENT A 198
ATTACHMENT A 199
ATTACHMENT A 200
ATTACHMENT A 201
ATTACHMENT A 202
ATTACHMENT A 203
ATTACHMENT A 204
ATTACHMENT A 205
ATTACHMENT A 206
ATTACHMENT A 207
ATTACHMENT A 208
ATTACHMENT A 209
ATTACHMENT A 210
ATTACHMENT A 211
ATTACHMENT A 212
ATTACHMENT A 213
ATTACHMENT A 214
ATTACHMENT A 215
ATTACHMENT A 216
ATTACHMENT A 217
ATTACHMENT A 218
ATTACHMENT A 219
ATTACHMENT A 220
ATTACHMENT B 221
ATTACHMENT B 222
ATTACHMENT B 223
ATTACHMENT B 224
ATTACHMENT B 225
ATTACHMENT B 226
ATTACHMENT B 227
ATTACHMENT B 228
ATTACHMENT B 229
ATTACHMENT C 230
ATTACHMENT C 231
ATTACHMENT C 232
1 (Rev. 3.16.22)

CITY OF STOCKTON

STANDARD AGREEMENT AMENDMENT
This Amendment Number 4 to the above referenced Agreement is entered into on _______ between the City of Stockton (“City”) and Stantec Consulting Services, Inc. (“Contractor”).

RECITALS
Exhibit C General Terms and Conditions, Paragraph 6, Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 7, Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to extend the terms and increase the budget to account for an increased level of environmental site investigation as required by the Department of Toxic Substances Control (DTSC), and costs associated with the preparation of remediation plans, documents, and a risk assessment, where Stantec Consulting Services, Inc. is the designated consultant on this project.

Now therefore, the City and the Contractor mutually agree as follows:

1. The termination date in Section 2 of the Standard Agreement is amended to:

June 30, 2024

2. Exhibit A is amended to reflect a revised budget, as outlined in Attachment 1 – ECRG Scope of Work

3. See a revised work schedule for this project. (Exhibit F is replaced with the attached Exhibit F)

4. The maximum not to exceed amount in Paragraph 3 of the Standard Agreement is increased by $61,000 to:
$800,000
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.

IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Stantec Consulting Services, Inc._________________________________________________________ _________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_____________________________________________________________________________________________ Authorized Signature Date
Neil Doran, Principal Geologist ___________________________________________________________________ Printed Name and Title of Person Signing
2250 Douglas Boulevard Suite 260, Roseville, CA 95661________________________________________________ Address

CITY OF STOCKTON
_____________________________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
_____________________________________________________________________________________________ Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:

Lori Asuncion, City Attorney
BY:

Agreement Number: Amendment
Number:
419000062 4
Doran, Neil Digitally signed by Doran, Neil
Date: 2023.08.30 09:02:06
-07'00'
ATTACHMENT D 233
Attachment 1 – ECRG Scope of Work
TASK 7: SOUTH POINTE ACTIVITIES
At the direction of the City of Stockton, Stantec will complete the following activities pertaining to the City’s Equitable Communities Revitalization Grant for South Pointe.

Deliverable or Service Estimated NTE Cost
Supplemental Site Investigation $99,000
Remediation Plans & Documents $141,000
Environmental Compliance OnͲCall Support $10,000
TOTAL NTE COST ESTIMATE $250,000
Deliverables or services will be implemented only at request of City of Stockton and will be completed in accordance with our existing contract.

ATTACHMENT D 234
City of Stockton FY 202ϰ ECRG Grant Implementation Schedule - Updated 0ϴ/21/23 Task # Task Activity or Output Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Regulatory Support
Supplemental Site Investigation & Reporting
Remedial Action Workplan
Remedial Design Implementation Plan
Environmental Compliance On-Call Support
Gray shading indicates duration of activity or output
FY 2023 FY 2024
7 South Pointe Activities
ATTACHMENT D 235
City of Stockton
Legislation Text
File #: 23-0844, Version: 1

APPROVE MOTION TO AWARD THREE PROFESSIONAL SERVICES CONTRACTS FOR

ENVIRONMENTAL ASSESSMENT AND PATH TO CLOSURE SERVICES

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

1. Award a Professional Services Contract to Stantec Consulting Services in the amount of $59,300 for 404 West Fremont Street;

2. Award a Professional Services Contract to Terraphase Engineering in the amount of $180,211 for 130 North Hunter Street;

3. Award a Professional Services Contract to Terracon Consultants in the amount of $78,000 for 216 North California Street;

4. Authorize the City Manager, or designee, to budget $150,000 in expenses from Parking Authority Fund balance;

5. Authorize the City Manager, or designee, to appropriate an additional $18,000 in expenditure authority from the Economic Development General Fund; and

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

Summary
In March 2023, the City published a Request for Proposals (RFP) for environmental support services, which included the preparation of site assessment work plans and field work implementation at three sites located in the City of Stockton. The three sites (Attachment A - Aerial Maps) are active cases with the Central Valley Regional Water Quality Control Board (CVRWQCB), as they contain a history of contaminated releases that require investigation and monitoring be performed to ascertain the level of contamination and develop a path to regulatory closure.

The three sites are:
· 404 West Fremont Street
· 130 North Hunter Street
· 216 North California Street
While all three sites are unique and distinct in the work to be performed, they all involve the finalization of investigative work plans, performance of investigations, development of data reports, City of Stockton Page 1 of 3 Printed on 10/12/2023
powered by Legistar™
236
File #: 23-0844, Version: 1
and coordination with the CVRWQCB. The 404 West Fremont Street site will include the completion of a five-year review, as required under the recorded land use covenant affecting the site and adjacent properties.

The environmental assessment activities are intended to move the sites toward regulatory closure, ensuring that the historical contaminants no longer pose a hazard to human health and safety.

DISCUSSION
Background
The City of Stockton is considered a responsible party for the three sites, due to being a current or previous owner. Each site has a history involving the presence of a Leaking Underground Storage Tank (LUST), resulting in potential impacts to soil and groundwater. Staff from the Economic Development Department (EDD) have been coordinating with CVRWQCB staff on the completion of work plans and field activities over the past few years, but little progress has been made without contractors or funding in place.

The 404 West Fremont Street site is the location of the Stockton Ports surface parking lot along Fremont Street. The site is known as the former Crystal Cream & Butter facility. One 10,000-gallon regular unleaded gasoline storage tank was removed from the site on September 3, 1986. Soil samples collected from beneath the tank immediately following tank removal revealed a wide range of total petroleum hydrocarbon concentrations throughout the site. The City is the current owner of the site and is responsible for developing and undertaking investigation activities to address data gaps and allow evaluation of the site for low-threat closure. Furthermore, due to the recording of a land use covenant when developing the Banner Island Ballpark, the City is required to conduct a fiveyear review of the site.

The 130 North Hunter Street site is the location of the Coy Parking Garage. The site is a former San Joaquin County Motor Pool Facility that operated an underground storage tank (UST) system. An unauthorized released was reported in November 1994 following a site assessment. On August 13, 1996, Fisch Environmental removed two USTs and the associated piping and dispensers. According to the inspection notes, both tanks appeared corroded, and holes were observed in one of the UST.

Results of subsequent investigations indicated that soil and groundwater beneath the site had been impacted by petroleum hydrocarbons. Based on a review of communication from the Water Board, vapor intrusion does not pose a significant exposure concern due in part to the presence of a parking garage on the site. Instead, the focus of the field work is geared toward defining the nature and extent of the deeper groundwater contamination, which does not impact site safety in its current use.

The 216 North California Street site is currently a paved parking lot that was at one time owned by the City of Stockton. A fuel release was discovered in December 2004 when an abandoned heating oil UST in the sidewalk adjacent to the property was removed. The heating oil tank was likely installed in the early part of the 20th century; however, had not been in active use for decades. As a result of residual soil contamination that was observed during the removal of the heating oil UST, CVRWQCB opened Case #0001687 on December 3, 2004. Although the City no longer owns the site, it is still considered a responsible party for the completion of a Path to Closure Plan.

City of Stockton Page 2 of 3 Printed on 10/12/2023
powered by Legistar™
237
File #: 23-0844, Version: 1
Present Situation
Over the past few years, the City of Stockton has received multiple letters from the CVRWQCB requesting status updates and progress on the three sites. Between 2018 and 2021, progress was made on the development of a Path to Closure Work Plan for 404 West Fremont Street, a Path to Closure Work Plan for 130 North Hunter Street, and a Revised Data Gap Assessment Work Plan and Path to Closure Review for 216 North California Street. While CVRWQCB provided either feedback or approval to move forward with investigative activities, the subsequent field work was not performed due to a lack of funding and departmental capacity during the pandemic.

Most recently, CVRWQCB has requested the investigation activities be performed in an effort to move the sites toward regulatory closure. Failure to perform these activities could result in further regulatory actions that would impact the City’s ability to operate the sites under their current uses.

Staff recommends the approval of three professional service contracts to complete the necessary work plans, conduct the field work activities, coordinate with stakeholders and the CVRWQCB, and achieve regulatory closure through the appropriate process.

Included in all the contracts is as-needed support to the City for the opening of claims under the Underground Storage Tank Cleanup Fund. If the claims are successfully opened, the City would be able to seek reimbursement for eligible expenses associated with the respective sites, thereby reducing the overall cost to the City. The scopes of work include support to either open or re-open existing claims, as well as the coordination efforts required with the Water Board. In recent months, EDD staff have initiated communication with the Water Board on the claim process and are awaiting formal responses. The selected contractors will support the City in finalizing the claim process and facilitating reimbursement requests.

FINANCIAL SUMMARY
Budget authority to complete this work includes $150,000 of one-time discretionary funds in the Real Property fund approved by council resolution 2023-09-26-1502. The proposed action would appropriate an additional $150,000 from the Parking Authority Fund balance. If the motion is approved, the remaining balance of $18,000 to cover total costs, will be appropriated from the Economic Development General Fund.

Attachment A - Aerial Maps
Attachment B - Professional Services Contract to Stantec Consulting Services Attachment C - Professional Services Contract to Terraphase Engineering Attachment D - Professional Services Contract to Terracon Consultants City of Stockton Page 3 of 3 Printed on 10/12/2023
powered by Legistar™
238
City of Stockton, CA September 14, 2023
404 West Fremon t - Aerial Map
Property Information
Property ID 13741001-9999999
Location -no addresses on propertyOwner STOCKTON, CITY OF

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 488.70328441937653 ft
ATTACHMENT A 239
City of Stockton, CA September 14, 2023
130 North Hunter - Aerial Map
Property Information
Property ID 13912022-61778
Location 130 N HUNTER ST
Owner STOCKTON CITY OF

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 244.35645918626702 ft
ATTACHMENT A 240
City of Stockton, CA September 14, 2023
216 North Califo rnia Street - Aerial Map
Property Information
Property ID 13925026-61912
Location 216 N CALIFORNIA ST
Owner NEWBERRY 1 LLC

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 244.35214121312694 ft
ATTACHMENT A 241
1 (ZĞǀ͘ϭϬ.Ϯϳ.ϮϮ)

CITY OF STOCKTON

STANDARD AGREEMENT

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

Commences on: Terminates on:
_____________________________________________________________________________

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

J
([KLELW*6SHFLDO)XQGLQJ7HUPV &RQGLWLRQV ,IDSSOLFDEOHFKHFNER[
<(6 ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

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

Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –

H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline

ATTACHMENT B
Stantec Consulting Services Inc. environmental assessment services 11/1/2023 11/1/2024
59,300
Professional Services Special Terms & Conditions
ARPA
Stantec Consulting Services Inc.
2250 Douglas Blvd., Suite 260, Rosevillle, CA 95661
242
Ϯ
(Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 Conduct environmental assessment at the former Crystal Cream and Butter facility located at 404 West Fremont Street.

1.2 Assist with cleanup fund support at the site.

1.3 Complete five-year review of the site as required under the recorded land use covenant.

2. Project Scope

2.1 Work with the City of Stockton Economic Development Department to implement the 2018 investigation work plan previously approved by the Central Valley Regional Water Quality Control Board.

2.2 Assist the City, as needed, with seeking reimbursement from the underground storage tank cleanup fund.

2.3 Complete a five-year review in accordance with the land used covenant recorded for the site.

3. Specifications

3.1 Contract must comply with all local, state, and federal regulations related to on-site field work and best practices.

3.2 Drilling activities will be completed by a C57-licensed contractor.

3.3 Access to the site will be provided by the City.

4. Major Deliverables

4.1 Contractor shall prepare a site-specific health and safety plan (HASP), obtain borehole permits from San Joaquin County, mark drilling locations and obtain a one-call dig ticket, coordinate with responding utilities, and retain a private utility locator to confirm that proposed drilling locations are free of detectable subsurface utilities or obstructions.

4.2 Contractor shall temporarily store soil cuttings and equipment rinsate onsite in steel 55-gallon drums, handling in accordance with the characterization and disposal requirements.

ATTACHMENT B
243
ϯ
(Rev. 10.30.18)

4.3 Contractor shall complete a survey identifying potential receptors within 1,500 feet of the site.

4.4 Contractor shall complete field work and prepare a summary report describing field activities, illustrate sample locations, summarize analytical results, and provide findings regarding the data.

4.5 Contractor shall complete a five-year review of the site and submit the report to the California Department of Toxic Substances Control.

5. Tasks That Support the Deliverables

5.1 Contractor shall participate in a post-submittal teleconference with RWQCB staff to discuss appropriate next steps in the low-threat closure process.

5.2 City shall provide contractor with site access to complete the necessary field work during standard working hours.

6. Criteria of Acceptance for Deliverables
.1 Contractor shall provide all deliverables outlined above. .2 Contractor shall provide documentation of services provided under the terms of this Agreement including invoices and receipts, if applicable.

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

Contractor: Stantec Consulting Services Inc.

Attn: Neil Doran
2250 Douglas Blvd., Suite 260
Roseville, CA 95661
City: City of Stockton
Attn: City Manager
425 N. El Dorado St.

Stockton, CA 95202

8. Key Personnel
Neil Doran, Stantec Consulting Services, Principal Geologist Jordan Peterson, City of Stockton, Economic Development Manager Amanda Thomas, City of Stockton, Real Property Agent II

10. Option to Renew
The term of the Agreement may be extended in 1-year increments by a written amendment executed by both parties. However, the total term of the Agreement, including the extended term, shall not exceed 3 years.

ATTACHMENT B
244
REV 2022-05-17
Exhibit B:

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

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

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

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

ATTACHMENT B
245
REV 2022-05-17
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, 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 Insured.

Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

ATTACHMENT B
246
REV 2022-05-17
limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

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

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

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

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

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

5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions.

If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.

ATTACHMENT B
247
REV 2022-05-17
covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.

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

ATTACHMENT B
248
REV 2022-05-17
be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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

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

ATTACHMENT B
249
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

EXHIBIT C

GENERAL TERMS AND CONDITIONS

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

ATTACHMENT B
250
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
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.
Timeliness. 7LPHVKDOOEHLQDFFRUGDQFHZLWKDPXWXDOO\DJUHHGXSRQVFKHGXOH DQGLQDVWLPHO\DPDQQHUDVDOORZHGE\WKHDSSOLFDEOHSURIHVVLRQDOVWDQGDUGRIFDUH 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. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

Contractor’s Status.

1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

ATTACHMENT B
251
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

10. Subcontractor.

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

11. Termination.

ATTACHMENT B
252
(Rev. 10.30.18; Mod 0ϱ͘Ϭϴ͘ϮϯZD)

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors. Indemnity and Hold Harmless. 7R WKH IXOOHVW H[WHQW SHUPLWWHG E\ ODZ &RQWUDFWRU VKDOO KROG KDUPOHVV GHIHQG DQG LQGHPQLI\ &LW\ RI 6WRFNWRQ DQG LWV RIILFHUV RIILFLDOV HPSOR\HHV DQG YROXQWHHUV IURP DQG DJDLQVW DQ\ DQG DOO OLDELOLW\ ORVV GDPDJH H[SHQVH FRVWV
LQFOXGLQJ ZLWKRXW OLPLWDWLRQ FRVWV DQG
IHHV RI OLWLJDWLRQ
RI HYHU\ QDWXUH DULVLQJ RXW RI RU LQ FRQQHFWLRQ ZLWK &RQWUDFWRU¶V SHUIRUPDQFH RI ZRUN KHUHXQGHU RU LWV IDLOXUH WR FRPSO\ ZLWK DQ\ RI LWV REOLJDWLRQV FRQWDLQHG LQ WKLV DJUHHPHQW H[FHSW VXFK ORVV RU GDPDJH ZKLFK ZDV FDXVHG E\ WKH VROH QHJOLJHQFH RU ZLOOIXO PLVFRQGXFW RI WKH &LW\ RI 6WRFNWRQ 7KLV REOLJDWLRQ LV LQGHSHQGHQW RI DQG VKDOO QRW LQ DQ\ ZD\ EH OLPLWHG E\ WKH PLQLPXP LQVXUDQFH REOLJDWLRQV FRQWDLQHG LQ WKLV DJUHHPHQW 7KHVH REOLJDWLRQV VKDOO VXUYLYH WKH FRPSOHWLRQ RU WHUPLQDWLRQ RI WKLV DJUHHPHQW
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.
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. 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. ϭϮ

ATTACHMENT B
253
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

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

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

ATTACHMENT B
254
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

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.
ϭϰ

ATTACHMENT B
255
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

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

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

31. Entire Agreement, Integration, and Modification.

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

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

ATTACHMENT B
256
1ϲ
(Rev. 07.12.22)

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

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

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

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

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

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

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

3. Time for Performance.

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

ATTACHMENT B
257
ϭϳ
(Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

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

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

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

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

5. Compensation

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

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed

ATTACHMENT B
258
ϭϴ
(Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

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

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

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

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

ATTACHMENT B
259
ϭϵ
(Rev. 07.12.22)

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

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

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

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

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

ATTACHMENT B
260
ϮϬ
(Rev. 10.30.18)

EXHIBIT E

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

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $59,300 (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.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

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

ATTACHMENT B
261
2ϭ
(Rev. 10.30.18)

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 10%.

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

Task Description Task Price
1a Field Investigation $39,500
1b Waste Management $1,300
1c Sensitive Receptor Survey $2,000
1d Data Validation and Reporting $7,500
1e Cleanup Fund Support $2,500
1f Five Year Review $6,500
TOTAL PRICE $59,300

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 Agreement.

Hourly Billable Rate Schedule
Title
Hourly Billable
Rates
Principal $202
Program Director $225
Program Manager $202
Program Specialist $161
Project Professional $161
Project Associate $149
Project Assistant $133
Administrative Assistant/Clerical $127

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:

ATTACHMENT B
262
ϮϮ
(Rev. 10.30.18)
City of Stockton Economic Development Department
Attention: Jordan Peterson, Economic Development Manager 400 East Main Street, 4th Floor
Stockton, CA 95202

ATTACHMENT B
263
Ϯϯ
(Rev, 10.27.22)

EXHIBIT F

TIMELINE

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

1.1 TIMELINE FOR COMPLETION OF WORK
1a Field investigation 4 weeks
1b Waste Management 2 weeks
1c Sensitive Receptor Survey 4 weeks
1d Data Validation and Reporting 4 weeks
1e Cleanup Fund Support Duration
1f Five Year Review 4 weeks

ATTACHMENT B
264
1 (Rev. 10.27.22)

CITY OF STOCKTON

STANDARD AGREEMENT

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

Commences on: Terminates on:
_____________________________________________________________________________

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

Lori M. Asuncion, City Attorney
BY:

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 Provide environmental consulting and strategy development services for the property located at 130 N Hunter Street, known currently as the Coy Parking Garage and formerly known as the San Joaquin County Motorpool facility.

1.2 Preparation of revised Work Plan and performance of site characterization field work.

1.3 Preparation of site characterization and conceptual site model update report.

1.4 Evaluation of the site under the low-threat closure policy.

2. Project Scope

2.1 Coordination with the Central Valley Regional Water Quality Control Board (CVRWQCB).

2.2 Assist the City, as needed, with the reopening of the underground storage tank cleanup fund.

2.3 Development of revised work plan.

2.4 Performance of additional site characterization in accordance with the revised work plan.

2.5 Preparation of a report of findings including methods, results, and recommendations.

2.6 Pending acceptance by the CVRWQCB, preparation of a closure report that includes the site history, previous investigations, results of recent investigations, the updated conceptual site model, and an evaluation of each low-threat closure policy criteria.

3. Specifications

3.1 Contract must comply with all local, state, and federal regulations related to on-site field work and best practices.

3.2 Related to the performance of additional site characterization, contractor shall perform the following sub-tasks:

ATTACHMENT C 266
3 (Rev. 10.30.18)

3.2.1 Site-specific health and safety plan preparation.

3.2.2 Notifications and access.

3.2.3 Utility clearance activities.

3.2.4 Traffic Control for up to six 12-hour days.

3.2.5 Advancement of six borings, at three locations.

3.2.6 Procurement of field equipment, including rental monitoring equipment.

3.2.7 Analytical laboratory costs.

3.2.8 Characterization and disposal of up to three drums of investigationderived waste (IDW) consisting of soil and decontamination water.

Contractor shall help the City facilitate off-site disposal of IDW.

4. Major Deliverables

4.1 Preparation of revised work plan.

4.2 Performance of additional site characterization in accordance with the revised work plan.

4.3 Preparation of a report of findings.

4.4 Preparation of a closure report, pending acceptance by CVRWQCB.

5. Tasks That Support the Deliverables

5.1 Contractor shall participate in up to two meetings with the CVRWQCB staff to discuss the proposed approach.

5.2 City shall provide contractor with site access to complete the necessary field work during standard working hours.

6. Criteria of Acceptance for Deliverables

6.1 Contractor shall provide all deliverables outlined above.

6.2 Contractor shall provide documentation of services provided under the terms of this Agreement including invoices and receipts, if applicable.

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

ATTACHMENT C 267
4 (Rev. 10.30.18)
Contractor: Terraphase Engineering
Attn: Amber M. Koster
7901 Stoneridge Drive, Suite 528
Pleasanton, CA 94588
City: City of Stockton
Attn: City Manager
425 N. El Dorado St.

Stockton, CA 95202

8. Key Personnel
Amber M. Koster, Terraphase Engineering, Associate Engineer Arnab Chakrabarti, Terraphase Engineering, Principal Engineer Jordan Peterson, City of Stockton, Economic Development Manager Amanda Thomas, City of Stockton, Real Property Agent II

ATTACHMENT C 268
REV 2022-05-17
Exhibit B:

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

ATTACHMENT C 269
REV 2022-05-17
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, 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 Insured.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements ATTACHMENT C 270
REV 2022-05-17
limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

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

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

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

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

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

5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions.

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 ATTACHMENT C 271
REV 2022-05-17
covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must ATTACHMENT C 272
REV 2022-05-17
be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT C 273
(Rev. 10.30.18; Mod 05.08.23 RM)

EXHIBIT C

GENERAL TERMS AND CONDITIONS

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

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 10 ATTACHMENT C 274
(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.

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

9. Contractor’s Status.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 11 ATTACHMENT C 275
(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.

10. Subcontractor.

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

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a 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. 12 ATTACHMENT C 276
(Rev. 10.30.18; Mod 05.08.23 RM)

12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in 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. 13 ATTACHMENT C 277
(Rev. 10.30.18; Mod 05.08.23 RM)

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

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
14 ATTACHMENT C 278
(Rev. 10.30.18; Mod 05.08.23 RM)

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.
15 ATTACHMENT C 279
(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 Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

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

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

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

3. Time for Performance.

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

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other ATTACHMENT C 281
18 (Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

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

5. Compensation

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

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed ATTACHMENT C 282
19 (Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

ATTACHMENT C 283
20 (Rev. 07.12.22)

ATTACHMENT C 284
21 (Rev. 10.30.18)

EXHIBIT E

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

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $180,211 (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.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

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

ATTACHMENT C 285
22 (Rev. 10.30.18)

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

Task Description Task Price
1 Review of Project Documents and Data $11,650
2 Agency Meetings and Communication $15,785
3 LUST Claim $7,273
4 Work Plan Preparation $4,458
5 Additional Characterization $98,070
6 Site Characterization and CSM Update Report $16,212
7 Closure Report $14,794
8 Project Management $11,971
TOTAL PRICE $180,211

Hourly Billable Rate Schedule
Title
Hourly Billable
Rates
Program Director $236.30
Program Specialist $236.30
Project Manager $204.00
Project Professional $178.50
Project Associate $134.30
Project Assistant $116.45
Administrative Assistant/Clerical $80.25

ATTACHMENT C 286
23 (Rev. 10.30.18)
City of Stockton Economic Development Department
Attention: Jordan Peterson, Economic Development Manager 400 East Main Street, 4th Floor
Stockton, CA 95202
ATTACHMENT C 287
23 (Rev, 10.27.22)

EXHIBIT F

TIMELINE

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

1.1 TIMELINE FOR COMPLETION OF WORK
1 Review of Project Documents and Data 4 weeks
2 Agency Meetings and Communication Duration
3 LUST Claim 4 weeks
4 Work Plan Preparation 4 weeks
5 Additional Characterization 8 weeks
6 Site Characterization and CSM Update Report 6 weeks
7 Closure Report 6 weeks
8 Project Management Duration
ATTACHMENT C 288
1 (ZĞǀ͘ϭϬ.Ϯϳ.ϮϮ)

CITY OF STOCKTON

STANDARD AGREEMENT

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

Commences on: Terminates on:
_____________________________________________________________________________

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

Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –

H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline

ATTACHMENT D
Terracon Consultants Inc. environmental assessment services 11/1/2023 11/1/2024
78,000
Professional Services Special Terms & Conditions
ARPA
Terracon Consultants Inc.
902 Industrial Way, Lodi, CA 95240
289
Ϯ
(Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 Conduct a data gap assessment and provide Path to Closure Services for 216 N California Street, also known as City of Stockton Lot B.

1.2 Assist with cleanup fund support at the site.

2. Project Scope

2.1 Work with the City of Stockton Economic Development Department to implement the Revised Data Gap Assessment Work Plan and Path to Closure Review, dated March 29, 2018.

2.2 Conduct stakeholder meeting with the City of Stockton and Central Valley Regional Water Quality Control Board (CVRWQCB) to discuss the Revised Data Gap Assessment and path forward for the site.

2.3 Prepare a site-specific health and safety plan.

2.4 Perform a Sensitive Receptor Survey for the site as proposed in the 2018 Plan.

2.5 Conduct field sampling and laboratory analytics on the site, in accordance with the 2018 Plan.

2.6 Preparation of Data Gap Assessment and Sensitive Receptor Survey Report.

2.7 Assist the City, as needed, with seeking reimbursement from the underground storage tank cleanup fund and property ownership research.

3. Specifications

3.1 Contract must comply with all local, state, and federal regulations related to on-site field work and best practices.

3.2 Related to the performance of field work, contractor shall perform the following sub-tasks:

3.2.1 Prepare a site-specific health and safety plan.

3.2.2 Arrange for a coordinate the services of subcontractors.

ATTACHMENT D
290
ϯ
(Rev. 10.30.18)

3.2.3 No later than 72 hours prior to intrusive activities, contractor shall contact USA North 811 Utility Notification Center to arrange for public underground utility clearance at the site.

3.2.4 Obtain a drilling permit through the San Joaquin County Environmental Health Department.

4. Major Deliverables

4.1 Performance of field work in accordance with 2018 Plan, including Sensitive Receptor Survey.

4.2 Preparation of a Data Gap Assessment and Sensitive Receptor Survey Report, including recommendations concerning further action, if necessary.

5. Tasks That Support the Deliverables

5.1 Contractor shall participate in up to one meeting with the CVRWQCB staff to discuss the proposed approach.

5.2 City shall provide contractor with site access to complete the necessary field work during standard working hours.

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

Contractor: Terracon Consultants, Inc.

Attn: Tony Mikacich
902 Industrial Way
Lodi, CA 95240
City: City of Stockton
Attn: City Manager
425 N. El Dorado St.

Stockton, CA 95202

8. Key Personnel
Tony Mikacich, Terracon Consultants, Senior Geologist
Jordan Peterson, City of Stockton, Economic Development Manager Amanda Thomas, City of Stockton, Real Property Agent II

9. Option to Renew
The term of the Agreement may be extended in 1-year increments by a written amendment executed by both parties. However, the total term of the Agreement, including the extended term, shall not exceed 3 years.

ATTACHMENT D
291
REV 2022-05-17
Exhibit B:

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

ATTACHMENT D
292
REV 2022-05-17
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, 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 Insured.

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

ATTACHMENT D
293
REV 2022-05-17
limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

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

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

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

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

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

5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions.

ATTACHMENT D
294
REV 2022-05-17
covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

ATTACHMENT D
295
REV 2022-05-17
be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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

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

ATTACHMENT D
296
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

EXHIBIT C

GENERAL TERMS AND CONDITIONS

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

ATTACHMENT D
297
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.

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

9. Contractor’s Status.

ATTACHMENT D
298
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

10. Subcontractor.

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

11. Termination.

ATTACHMENT D
299
(Rev. 10.30.18; Mod 0ϱ͘Ϭϴ͘ϮϯZD)

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors. Indemnity and Hold Harmless. 7R WKH IXOOHVW H[WHQW SHUPLWWHG E\ ODZ &RQWUDFWRU VKDOO KROG KDUPOHVV GHIHQG DQG LQGHPQLI\ &LW\ RI 6WRFNWRQ DQG LWV RIILFHUV RIILFLDOV HPSOR\HHV DQG YROXQWHHUV IURP DQG DJDLQVW DQ\ DQG DOO OLDELOLW\ ORVV GDPDJH H[SHQVH FRVWV
LQFOXGLQJ ZLWKRXW OLPLWDWLRQ FRVWV DQG
IHHV RI OLWLJDWLRQ
RI HYHU\ QDWXUH DULVLQJ RXW RI RU LQ FRQQHFWLRQ ZLWK &RQWUDFWRU¶V SHUIRUPDQFH RI ZRUN KHUHXQGHU RU LWV IDLOXUH WR FRPSO\ ZLWK DQ\ RI LWV REOLJDWLRQV FRQWDLQHG LQ WKLV DJUHHPHQW H[FHSW VXFK ORVV RU GDPDJH ZKLFK ZDV FDXVHG E\ WKH VROH QHJOLJHQFH RU ZLOOIXO PLVFRQGXFW RI WKH &LW\ RI 6WRFNWRQ 7KLV REOLJDWLRQ LV LQGHSHQGHQW RI DQG VKDOO QRW LQ DQ\ ZD\ EH OLPLWHG E\ WKH PLQLPXP LQVXUDQFH REOLJDWLRQV FRQWDLQHG LQ WKLV DJUHHPHQW 7KHVH REOLJDWLRQV VKDOO VXUYLYH WKH FRPSOHWLRQ RU WHUPLQDWLRQ RI WKLV DJUHHPHQW
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.
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. 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. ϭϮ

ATTACHMENT D
300
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

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

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

ATTACHMENT D
301
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

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.
ϭϰ

ATTACHMENT D
302
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

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

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

31. Entire Agreement, Integration, and Modification.

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

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

ATTACHMENT D
303
1ϲ
(Rev. 07.12.22)

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

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

3. Time for Performance.

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

ATTACHMENT D
304
ϭϳ
(Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

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

5. Compensation

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

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed

ATTACHMENT D
305
ϭϴ
(Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

ATTACHMENT D
306
ϭϵ
(Rev. 07.12.22)

ATTACHMENT D
307
ϮϬ
(Rev. 10.30.18)

EXHIBIT E

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

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $78,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

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

Reimbursement shall be made at actual costs with no markup added to the actual cost.

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

ATTACHMENT D
308
2ϭ
(Rev. 10.30.18)

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

Task Description Task Price
1 Stakeholder Coordination & Meeting $3,000
2 Perform Data Gap Assessment and Reporting $66,000
3 Sensitive Receptor Survey $5,000
4 Evaluate LUST Funding and Site Ownership
Research
$4,000
TOTAL PRICE $78,000

Hourly Billable Rate Schedule
Title
Hourly Billable
Rates
Principal $245
Program Director $230
Program Manager $225
Program Specialist $215
Regional Manager $195
Project Manager $175
Project Professional $135
Project Associate $110
Project Assistant $95
Administrative Assistant/Clerical $85

ATTACHMENT D
309
ϮϮ
(Rev. 10.30.18)
City of Stockton Economic Development Department
Attention: Jordan Peterson, Economic Development Manager 400 East Main Street, 4th Floor
Stockton, CA 95202

ATTACHMENT D
310
Ϯϯ
(Rev, 10.27.22)

EXHIBIT F

TIMELINE

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

1.1 TIMELINE FOR COMPLETION OF WORK
1 Stakeholder Coordination & Meeting 4 weeks
2 Perform Data Gap Assessment & Reporting 12 weeks
3 Perform Sensitive Receptor Survey 4 weeks
4 Evaluate LUST Funding & Site Ownership Research 4 weeks

ATTACHMENT D
311
City of Stockton
Legislation Text
File #: 23-0851, Version: 1

ADOPT A RESOLUTION TO ACCEPT A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE 2022 STAFFING FOR ADEQUATE FIRE AND EMERGENCY

RESPONSE (SAFER) GRANT

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

2. Authorize the City Manager to appropriate grant revenues and expenditures in the amount of $4,299,722.07.

3. Authorize the allocation of seven grant funded firefighter positions increasing the total authorized full-time positions.

4. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Summary
City Council approval is required to secure grant funding from the Federal Emergency Management Agency (FEMA) for the 2022 Staffing for Adequate Fire and Emergency Response (SAFER) Grant.

The grant award will fund the annual salary and benefit costs for seven (7) new Firefighters for threeyears. It is recommended that the City Council adopt a resolution authorizing the City Manager to accept a grant in the amount of $4,299,722.07 from FEMA for the hiring seven (7) Firefighters.

DISCUSSION
Background
The SAFER Program is a key component of the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) efforts to enhance public and firefighter safety concerning fire and fire-related risks. This program allocates funds directly to fire departments to augment existing firefighter personnel. The program's objective is to assist communities in meeting industry staffing standards and ensuring 24/7 fire protection coverage.

Under the SAFER program’s Hiring Activity, grants are available to facilitate various staffing scenarios, including hiring new firefighters, rehiring laid-off firefighters, or retaining firefighters at risk City of Stockton Page 1 of 2 Printed on 10/12/2023
powered by Legistar™
312
File #: 23-0851, Version: 1
of layoff. All grants awarded through the Hiring Activity come with a fixed 36-month performance period. Upon award, a default 180-day recruitment period begins. Regardless of whether the recipient successfully hires the requested firefighters during this recruitment period, the 36-month performance period automatically commences after the conclusion of the 180-day recruitment period.

The performance period cannot start later than 180 days after the award date. If a recipient successfully hires all SAFER Program-funded firefighters within the 180-day recruitment window, they have the option to request an amendment to initiate the performance period before the end of the 180-day recruitment period.

Present Situation
On September 20, 2023, the Stockton Fire Department (SFD) received notification from FEMA regarding the award of $4,299,722.07 under the 2022 SAFER Grant. This grant is specifically designated to provide funding for salary and benefits costs associated with the hiring of seven new (7) Firefighter positions over a period of three (3) years. The SAFER grant imposes no obligation for matching funds and covers all contractually obligated salary expenditures, including FLSA pay and benefits, for the duration of the three-year term.

SFD is currently seeking Council approval to accept the FEMA grant for the 2022 SAFER Grant cycle, covering the period from March 13, 2024 through March 12, 2027. If approved, SFD will accept the grant and initiate the hiring process to onboard seven (7) Firefighters.

It is recommended that the Council adopt a resolution authorizing the City Manager to accept the $4,299,722.07 SAFER grant from FEMA.

FINANCIAL SUMMARY
The 2022 SAFER Grant will provide funds for payroll costs of seven (7) new Firefighters for a period of three years for a total amount of $4,299,722.07. The SAFER Grant does not require any matching funds and will pay full cost, including base salary, FLSA pay, benefits and COLA increases at the Firefighter level for these positions for the three-year grant period. It is recommended that the City Manager be authorized to appropriate grant revenues and expenditures in the amount of $4,299,722.07 in Fire Department Special Grant Account No’s. 4020-XXX-XXXXXX-280-281-20-40- 000-000 - Project FG20008.

Attachment A - Award Package
City of Stockton Page 2 of 2 Printed on 10/12/2023
powered by Legistar™
313
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 09/15/2023
John Driscoll

STOCKTON, CITY OF
425 NORTH EL DORADO STREET
STOCKTON, CA 95202
EMW-2022-FF-01976
Dear John Driscoll,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2022 Staffing for Adequate Fire and Emergency Response (SAFER) Grant funding opportunity has been approved in the amount of $4,299,722.07 in Federal funding.

FEMA has waived, in part or in full, one or more requirements for this grant award. See the Summary Award Memo for additional information about Economic Hardship Waivers.

Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2022 SAFER Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.

Sincerely,

PAMELA WILLIAMS
Assistant Administrator, Grant Programs
Summary Award Memo
Program: Fiscal Year 2022 Staffing for Adequate Fire and Emergency Response Recipient: STOCKTON, CITY OF
UEI-EFT: YV3KNQAKJLQ7
ATTACHMENT A 314
DUNS number: 004680919
Award number: EMW-2022-FF-01976
Summary description of award
The purpose of the SAFER Grant Program is to provide funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application ― including budget information ― was consistent with the SAFER Grant Program’s purpose and was worthy of award.

Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2022 Staffing for Adequate Fire and Emergency Response (SAFER) Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.

Approved Economic Hardship Waivers
Position cost limit waiver
FEMA has waived the position cost limit requirement for this grant award. Costs are limited to the approved budget per position.

Cost share waiver
FEMA has waived the cost share requirement for this grant award. You are not required to contribute non-Federal funds for this grant award. The recipient is responsible for any costs that exceed the Federal funding provided for this grant award.

Minimum budget waiver
FEMA has waived the minimum budget requirement for this award.

Non-supplanting waiver
FEMA has waived the non-supplanting requirement for this award. SAFER grant funds may be used to replace funds that would be available from State or local sources or from the Bureau of Indian Affairs.

Amount awarded
The amount of the award is detailed in the attached Obligating Document for Award. The cost share amounts described in this award letter are based on the approved total project cost; however, the Federal funding available is limited based on the applicable position cost limit and the applicable cost share as applied to actual costs.

ATTACHMENT A 315
The following are the total approved budgeted estimates for object classes for all funded firefighter positions for this award (including Federal share plus your cost share, if applicable, as applied to the estimated costs):

Program Income $0.00
Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2022 SAFER NOFO.

Approved request details:

Hiring of Firefighters
Object Class First Year Second Year Third Year Total
Personnel $535,647.49 $624,441.65 $696,982.23 $1,857,071.37 Fringe benefits $679,128.66 $815,919.72 $947,602.32 $2,442,650.70 Travel $0.00 $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00 $0.00
Contractual $0.00 $0.00 $0.00 $0.00
Construction $0.00 $0.00 $0.00 $0.00
Other $0.00 $0.00 $0.00 $0.00
Indirect charges $0.00 $0.00 $0.00 $0.00
Federal $1,214,776.15 $1,440,361.37 $1,644,584.55 $4,299,722.07 Non-federal $0.00 $0.00 $0.00 $0.00
Total $1,214,776.15 $1,440,361.37 $1,644,584.55 $4,299,722.07 ATTACHMENT A 316
Agreement Articles
Program: Fiscal Year 2022 Staffing for Adequate Fire and Emergency Response Recipient: STOCKTON, CITY OF
UEI-EFT: YV3KNQAKJLQ7
DUNS number: 004680919
Award number: EMW-2022-FF-01976
Table of contents
New, Additional Firefighter(s)

BENEFITS FUNDED
Benefits include (the amounts included reflect the totals for 1 position during the period of performance): Retirement - $223,762; Medical/Dental - $34,637; Life Insurance - $256; Long Term Disability Insurance - $612; Medicare Insurance - $3,847; Workers Compensation Insurance - $42,045; Unemployment Insurance - $531; Compensated Absences - $2,844; General Liability Insurance - $26,039. The total benefit cost for 1 position over the entire period of performance is $334,572. Numbers provided are an average over the three year period of performance.

NUMBER OF FIREFIGHTERS
7 ANNUAL

SALARY PRICE
ANNUAL

BENEFITS

TOTAL PER

FIREFIGHTER
Year 1 $76,521.07 $97,018.38 $173,539.45
Year 2 $89,205.95 $116,559.96 $205,765.91
Year 3 $99,568.89 $135,371.76 $234,940.65
3 Year Total $4,299,722.07
ATTACHMENT A 317
Article
1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
Article
2 General Acknowledgements and Assurances
Article
3 Acknowledgement of Federal Funding from DHS
Article
4 Activities Conducted Abroad
Article
5 Age Discrimination Act of 1975
Article
6 Americans with Disabilities Act of 1990
Article
7 Best Practices for Collection and Use of Personally Identifiable Information Article
8 Civil Rights Act of 1964 – Title VI
Article
9 Civil Rights Act of 1968
Article
10 Copyright
Article
11 Debarment and Suspension
Article
12 Drug-Free Workplace Regulations
Article
13 Duplication of Benefits
Article
14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article
15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Article
16 Energy Policy and Conservation Act
Article
17 False Claims Act and Program Fraud Civil Remedies
Article
18 Federal Debt Status
Article
19 Federal Leadership on Reducing Text Messaging while Driving Article
20 Fly America Act of 1974
Article
21 Hotel and Motel Fire Safety Act of 1990
Article
22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article
23 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article
24 Lobbying Prohibitions
Article
25 National Environmental Policy Act
Article
26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article
27 Non-Supplanting Requirement
ATTACHMENT A 318
Article
28 Notice of Funding Opportunity Requirements
Article
29 Patents and Intellectual Property Rights
Article
30 Procurement of Recovered Materials
Article
31 Rehabilitation Act of 1973
Article
32 Reporting of Matters Related to Recipient Integrity and Performance Article
33 Reporting Subawards and Executive Compensation
Article
34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
35 SAFECOM
Article
36 Terrorist Financing
Article
37 Trafficking Victims Protection Act of 2000 (TVPA)
Article
38 Universal Identifier and System of Award Management
Article
39 USA PATRIOT Act of 2001
Article
40 Use of DHS Seal, Logo and Flags
Article
41 Whistleblower Protection Act
Article
42 Environmental Planning and Historic Preservation (EHP) Review Article
43 Applicability of DHS Standard Terms and Conditions to Tribes Article
44 Acceptance of Post Award Changes
Article
45 Disposition of Equipment Acquired Under the Federal Award Article
46 Prior Approval for Modification of Approved Budget
Article
47 Indirect Cost Rate
Article
48 Award Performance Goals
ATTACHMENT A 319
Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – NonConstruction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R.Part 3002. III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in accordance with OMB’s guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.

Article 2 General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I.

Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at
https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.

ATTACHMENT A 320
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

Article 4 Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.

Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article 7 Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Article 8 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, 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.

DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.

ATTACHMENT A 321
Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90- 284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

Article 11 Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

Article 13 Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons.

ATTACHMENT A 322
Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.

Article 15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 18 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article 19 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government.

Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

ATTACHMENT A 323
Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a
Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons Article 23 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance:
https://www.dhs.gov/guidance- published-help-department- supportedorganizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov.

Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.

Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans ATTACHMENT A 324
Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.

Article 27 Non-Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.

Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.

Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

ATTACHMENT A 325
Article 32 Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

Article 33 Reporting Subawards and Executive Compensation Reporting of first tier subawards. Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions.

ATTACHMENT A 326
Article 34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients must comply with the “Build America, Buy America” provisions of the Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. Information on the process for requesting a waiver from these requirements is on the website below. (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. The awarding Component may provide specific instructions to Recipients of awards from infrastructure programs that are subject to the “Build America, Buy America” provisions. Recipients should refer to the Notice of Funding Opportunity for further information on the Buy America preference and waiver process.

ATTACHMENT A 327
Article 35 SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

Article 37 Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons. Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference.

Article 38 Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference.

Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.

ATTACHMENT A 328
Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process.

This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website.

Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.

Article 43 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Article 44 Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/ GMD Call Center at (866) 927-5646 or via e-mail to: [email protected] if you have any questions.

Article 45 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures.

ATTACHMENT A 329
Article 46 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities.

Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and nonconstruction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file.

Article 48 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the firefighter hiring activities of new, additional firefighters, rehire laid off firefighters, or retain firefighters facing layoff OR recruitment and retention activities of volunteer firefighters who are involved with or trained in the operations of firefighting and emergency response as requested in its application. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients increased compliance with the National standards described in the NOFO.

Obligating document

1. Agreement No.

EMW-2022-FF01976

2. Amendment
No.

N/A

3. Recipient
No.
946000436

4. Type of
Action
AWARD

5. Control No.

WX01189N2023T

6. Recipient Name and
Address

STOCKTON, CITY OF
400 E MAIN ST 4TH FL
STOCKTON, CA 95202

7. Issuing FEMA Office and
Address
Grant Programs Directorate
500 C Street, S.W.

Washington DC, 20528-7000
1-866-927-5646

8. Payment Office and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742
ATTACHMENT A 330

9. Name of Recipient
Project Officer
John Driscoll
9a. Phone
No.
2099378097

10. Name of FEMA Project
Coordinator
Staffing for Adequate Fire and Emergency
Response (SAFER) Grant Program
10a.

Phone
No.
1-866-
274-
0960

11. Effective Date of
This Action
09/15/2023

12. Method of
Payment

OTHER - FEMA
GO

13. Assistance
Arrangement

COST SHARING

14. Performance
Period
03/13/2024 to
03/12/2027
Budget Period
03/13/2024 to
03/12/2027

15. Description of Action a. (Indicate funding data for awards or financial changes) Program
Name
Abbreviation
Assistance
Listings
No.

Accounting
Data(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This Action +
or (-)
Current Total
Award
Cumulative
Non-Federal
Commitment
SAFER 97.083
2023-F2-
GF01 -
P410-xxxx4101-D
$0.00 $4,299,722.07 $4,299,722.07 $0.00
Totals $0.00 $4,299,722.07 $4,299,722.07 $0.00
b. To describe changes other than funding data or financial changes, attach schedule and check here:

N/A

16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address)
This field is not applicable for digitally signed grant agreements

17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE

18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs DATE
09/15/2023
ATTACHMENT A 331
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A FEDERAL EMERGENCY MANAGEMENT AGENCY 2022 STAFFING FOR ADEQUATE FIRE

AND EMERGENCY RESPONSE (SAFER) GRANT
The Stockton Fire Department (“SFD”) applied for a Staffing for Adequate Fire and Emergency Response (SAFER) Grant through the Federal Emergency Management Agency (FEMA) seeking funds to assist the City in hiring seven (7) Firefighters; and On September 20, 2023, SFD was notified by FEMA that the City of Stockton was awarded $4,299,722.07 for the 2022 SAFER Grant to hire seven (7) Firefighter positions for three (3) years; now, therefore,

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

1. The City Manager is authorized to accept grant funds from FEMA for the 2022 SAFER Grant in the amount of $4,299,722.07, to hire seven (7) Firefighters for three (3) years.

2. The City Manager is directed to make all necessary budget appropriations for the purposes stated in this Resolution.

3. Total authorized full-time positions are increased by seven grant-funded firefighter positions.

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 October 17, 2023 _.
__________________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
__________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
332
City of Stockton
Legislation Text
File #: 23-0948, Version: 1

APPROVE A MOTION AUTHORIZING THE CALIFORNIA FIRE FIGHTERS JOINT

APPRENTICESHIP COMMITTEE TO PURCHASE ONE MOBILE PUMP POD AND TO ACCEPT A

REBATE FROM CALIFORNIA WATER SERVICE WATER CONSERVATION REBATE/INCENTIVE

PROGRAM

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

1. Request the California Fire Fighters Joint Apprenticeship Committee (CFFJAC) to purchase a Mobile Pump Pod from Pump Pod USA on behalf of the Stockton Fire Department.

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

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

Summary
The Stockton Fire Department (SFD) is requesting Council to request the California Fire Fighters Joint Apprenticeship Committee (CFFJAC) to use approximately $112,000 of accumulated training reimbursement funds for the procurement of a closed-circuit mobile water tank, referred to as the Mobile Pump Pod. California Water Service (Cal Water) has approved a 100% rebate for the purchase of the Mobile Pump Pod through their Water Conservation Rebate/Incentive Program. SFD will obtain the Cal Water rebate and remit it to CFFJAC in exchange for the Mobile Pump Pod.

DISCUSSION
Background
CFFJAC is a joint collaboration of fire management and labor organizations, the Office of the California State Fire Marshal and the California Professional Firefighters, with the mission of improving the quality of education and training within the fire service. CFFJAC’s apprenticeshiptraining program encompasses nearly all paid occupations found in the California fire service. In 1994, Stockton Fire Department (SFD) management and labor entered into a subscription agreement with CFFJAC to participate in the California Joint Apprenticeship Committee (CAL-JAC) program. The City of Stockton Page 1 of 3 Printed on 10/12/2023
powered by Legistar™
333
File #: 23-0948, Version: 1
CAL-JAC program provides reimbursement for SFD training costs, through the California Education System and State Division of Apprenticeship Standards. In addition to a direct reimbursement, SFD’s subscription agreement allows for reimbursements to be disbursed in the form of services, equipment, supplies, or other materials.

Present Situation
SFD is requesting authorization to accept approximately $112,000 of accumulated training reimbursement funds in the form of new training equipment, specifically, a closed-circuit mobile water tank, referred to as the "Mobile Pump Pod" as allowed under the subscription agreement. The Mobile Pump Pod is a Direct Recirculating Apparatus Firefighting Training Sustainability (DRAFTS) product that provides realistic pumping simulations for training exercises and pump testing, meeting stringent NFPA standards. While other models are available, alternative DRAFTS product designs do not produce high flow rates into the device which results in significantly reduced flow savings.

Furthermore, alternative products are significantly more expensive than Pump-Pod USA’s product, costing an additional $60,000 to $80,000 per unit.

The Mobile Pump Pod will provide realistic pumping simulations for training exercises in accordance with National Fire Protection Association (NFPA) standards and it will allow SFD to conserve millions of gallons of water annually, contributing to our commitment to sustainability and resource efficiency.

Additionally, California Water Service (Cal Water) has approved a 100% rebate for the purchase of the Mobile Pump Pod through their Water Conservation Rebate/Incentive Program, due to the significant reduction this acquisition will have on the SFD’s water usage. Cal Water’s commitment to a rebate amount of approximately $112,000 is partially due to a surplus amount of funds in their current fiscal year rebate program. This surplus is time sensitive and is only available as long as funding lasts.

Findings
Pursuant to Stockton Municipal Code section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. The proposed findings include:

1. The Fire Department is eligible to accept approximately $112,000 of accumulated training reimbursement funds in the form of new training equipment under SFD’s CFFJAC subscription Agreement.

2. The Single Available Source is appropriate for the procurement of a Mobile Pump Pod from Pump Pod USA.

3. Alternative pump pod product designs do not produce high flow rates into the device which results in significantly reduced flow savings.

4. The Mobile Pump Pod will allow SFD to conserve millions of gallons of water annually, contributing to SFD’s commitment to sustainability and resource efficiency.

FINANCIAL SUMMARY
CFFJAC will purchase the Mobile Pump Pod from Pump Pod USA for approximately $112,000 on City of Stockton Page 2 of 3 Printed on 10/12/2023
powered by Legistar™
334
File #: 23-0948, Version: 1
behalf of SFD. SFD will accept and deposit approximately $112,000 of CalWater rebate funds to CFFJAC custodial account 0000-000-210090-780-784-00-00-000-000- Project FTCFJAC. SFD’s approved one-time Measure W funding allocation for this equipment in FY2023-24 will not be expended and will preserve the Measure W fund balance. This procurement will have no financial impact on the City.

Attachment A - Subscription Agreement
Attachment B - Approved CalWater Conservation Rebate Program Application City of Stockton Page 3 of 3 Printed on 10/12/2023
powered by Legistar™
335

SUBSCRIPTION AGREEMENT
This agreernent is entered into by, and� be�ween the California Fire Fight�r Joint Apprenticeship Committee, hereinafter referred to -.as the PCFFJAC1" and Stockton Fire Department, hereinafter referred to as the "Depru,tme11f'. This Agr�e1nent is limited in scope to Articles 1, 2, & 3 and the applicable occupations listed in Attachment A.· • Stockton
Douglas C. Ratt<h firy c;11i�f
Stockton Fire Department
.... ·-
· -· sor
CFFJAC
,'
April 1994
Daniel A. Terry • •
Chairman
CFFJAC
4/94
ATTACHMENT A 336
INDEX
Article 1 - Definitions
Article 2 - Apprenticeship Considerations
Article 3 - Applicable Rules and Regulations
Attachment A - Reimbursement Rates by Apprenticeship Title Attachment B - Equipment and Services Disbursement Policy Exhibit A - CFFJAC Apprenticeship Standards
Exhibit B - CFFJAC Rules and Regulations
Stockton 4/94
ATTACHMENT A 337
WITNESSETH:'
WH.EREJ\S: the CaHforn_ia Fi.re fighter Joint Apprenticeship Committee h�s e$t�Wi�11�q, �4,.1h�r.� JJQ\Y..��t§ APRfyPJiceship S�nq�q�, wµigh id�ntify the professional levels of c8ropetertcerdiuired of af prentices arid joUTI1�yperspns,in structured worksite training systems; and,
• ' • • •
• :wHEREAs·( these·•'Appre.'tjfic�Jliip. $t'1�{1}gps··_ ·�p�c.
.ify Jhe training, edt1cation,
experien9e, performan�e objectives, 'and niiriiinum requirements for professional c9111�t�nc;e oI�I\�PPt�n�icy �n�jourI1eyPef�9n.; �g,, . -__ '\VIIB�AS: the principal 'objecfi�e\i tht XpprenHceship Standards is to bring ab9µt:1)1yJAP9-�Pl.t;tpit<:nm.iMt,r,,uctio.�'a.114 §taJJ,�tgqized traj,»�11gJ�chniques utilized by the £ire'seryi¢.¢ thro\igho.ul Califorri.ia: arid to establish ah effective affirm_ative action program for ·the California fire Servlc:e; @9; - .-.
! (' ; • j; t• ·'._ : ; • l • 1 •, I ·, • • \ ' _- • '. �, ·, :. ·• 7•" • :, .-.... • l - · \.
.
>
- '1WilE:t{eAS: "1t-'ls:th¢)ori4(9f"Jh:¢_.;p#rti_es:_signa.t,d}t··,4�teto_ to train qualified individuals as appre�tkes _ with th¢. Department in_ acccnidance with the Apprenticeship �t<1µq,gqs_,�§J�pli.sh�.cJ. >sqlyly, Joi: th� pep�tm:�11+, by th� (;fllJf:9mia ·Fite fighter Joint App.rentice·sh}p. comfuittee: • •
. ·
·
._·. • • - • • •
.
' ,, �' N'bW:"TH�REFQREt 1A"c:'0.h's19�rliHOn cff the f �ieg�foi aAd the mutual promises h�ryigflft�r ptoyigeq� th� Pa+.1!�$ �gr�� fls :foJimv:i,: 'i ;_. •. :: :::...>,,-•. �{ /<' :::-:" {- ·: '.; .-·' .. ,·:·,:· . ; ... j • ." :? } •�;•�. _ ;·· <·�• ,- . · '·· .,: . >·:· ·;.f '. ' _I
:;>;"1 .,-... -- �

1.1 "Appre�tlcy'' means,a pei§ori Whci is'tigist�r�d �ithihe State Di�ision of -�PPr�p.4¢�$Wl? :� t4Q¢f M4s. Jll}c;i/()r t.hy F�4�r:aj :�µr�J1µ :of A pprentic�ship ap.d Tfafriirig hi =·be trahted lo become a joufii�ypet�\:m_.Jn conformity with th.e CFFJAC's Btan.qards. •
·i•·.2 ,, ''Apbten:��e�bt&:�cunati8tts'•.i.ttj�ari§;�q��:iuh�t1my,pC<;upations re�qgnized thi9ugh '.'tlW'i.Stalf I)ivisi.oif 9f A_pprentioe!
�hip Stai1i.fards OJ:_ t�e Ft!deral
.. ;�pt�-��-tPf APRf�-n.t.ts�$hg?i�<!Jr�m:wg t,�;9yit.r�m-� to ajou.meyle.veL For : ; lhf;GitJ:4S\t.µ�$P}?.c.�µ:p�µp,tis ... aj,l;: :. • • • • • , : ':fittr .f:igbr�f, Ji��xw�t ': , • • • ,,,-�·gppre�s.9�Ji,rn§ .. ;m� ,p�fJicip_;;t,tes ·in ·ot.her related ::,;·,:
:,fivt.11tl11iP'Pir¢,iiib.}?F ,Spepj4ltrdt� .·,i:uppres�esJires pritmirily iri wildiand �d fore:sted atea·s • • •
*',' :1
,':f}�P§i,iflJJr¢i�{o,i.te,cfi1tipi�:�ii
[ 'i Jssl�t�,i�;i4,e'�tP�I�-�.sioq_ of _wildland_
. ; fm�s .�q.¢1 P�rt191pa��S· Jll Ja_I)(;i mariage111�.m �PllYl ties designed to .
. preverit/Ihniffu'd .. · . - . . . . ..
.
·
.
. .
4/94
ATTACHMENT A 338
* "Arson and Bomb Investigator" - investigates fires and assists in the apprehension and conviction or arsonists
* "Fii"i Fighter Diver" - suppresses fires and performs emergency operations as a di vet
*
11Fire Medic" - suppresses fires, provides Basic Life Support, and participates in other related af;tivities
* "Emergency Medical Technician11
- provides Emergency Care and Basic
Life Support at the scene of emergencies
* "Paramedic" - pi◄ovides Advanced Life Support ancl emergency care * "Hazardous Materials Response Tedmiclan" - responds'to hazardous materials incidents and pruticipates in activities to identify and mitigate life and _property threatening situations·
. .
* "Fire Officer" - supervises a company of fir� suppression personnel * "Fire Engineer'' - drives and operates fire apparia.tus and equipment *
11Fire Apparatus Engineer11 - •• suppresses fires; drives and operates fire apparatus and participates in other related activities
\
* "Fire Equipment Specialist" - repairs and maintains fire apparatus and department vehicles ••
* 11Fire Inspector'1
- performs fire prevention inspections and enforces
�pplicable codes and ordinanc�s
* ''Fir
e Matshat' - supervises and coordinates fire·prevention activities and personnel
*
.
/IFire l'rfV�
?ltion Pffi_cf!.( _ -
.. pla..11��.yxo�99es, and implements
, ·
• comn1unity publfo fire ·sarety educa.�qn pfogta¢s: • • : ,·.,,: .
• .· ,·. .· .. /./.•· ·· .. .. • ,,• . . ,• ,'.•.; ' .
* "F.i;·,t 'l:teptktment 1):qlliH{f, 9/Jr.ffr'1
/-i: :�99i��lri�tes and provides
instruction to depmitn�nt petsOrineloitjobrelated subj
ects
1 •
3 ·:��U��1�1�r�t��;��i�tit�ltt,if &iA�$s��of�f
A pprer1�i¢�sbip, pivf$i:tjµ ofAPPr�riµ¢�$h,jp ·Sw.id.f\tQ'.$ or the Director of the ·, ; B urea�' fif ApprehH¢.e�hi1f a,µ9 r.r�!Wlg; , ... ,.:, ·; i1/"; i:-:r :: , , • • · • , ·

1. 4 11 Appren!ide/�r��hin�, Ag'aqe:�Y.ii
_ m.�a:h$.,@; �p.tep�ified coµi�se of :trainipg ··''!l{l�ft'fl/i,,r�i«�i��fli��;t;u�tlitoY�I'tFthi Stockton 4/94
ATTACHMENT A 339
Stockton

1. 5 "Ernployer11 means the Department.

1.6 "Governing .Bodyt
l,;meaµs that.politicalentity having jurisdiction over the Depa.rtment.

1.7 ;
1 Jo1nfApprenticeshfo Committee (CFFJACt means the California Fire fightyr}9int Appt�ntic�ship <=;omnuttee.·
. ; 1.8 ·
, .?Journeype.rson':.means a person who has '.successfully fulfilled all the • re.quire111ents of the Apprentices.hip Stan�:Iards as an apprentice approved by th.e State Division of Apprenticeship Standards or the Federal Bureau of Apprenticyship andTrajriing. .
• •
· •J ;Q...
,
1 '.Pte�A:ppreritic�ship':.Tr�inin� Prdgr�rnj' :rrteff�s .
a program des�g�ed to
.ra9i,ltta.J& tl,l�Emp.Ioyef$;affktnativ¢ action rectuitment and hiring goals or providej.qforinatiO.l);< ,training'or .experience fo individuals not cun-ently t;ligible for apprenti¢eship� • •
i.JO·: ·:i'Relate:a a�d.S�polerneht�l,fostructionJ!n;i�a.h� S�l)�rvise�. irlstruction, while ,·.·,., .. qn,ijgty, provid¢d 1JyJb,¢,pmp)py�r.
tptti¢�ppr�mtice� ThJs instruction is
< , .
1 • •• :cpl:'PYicl.e.4 to Ynh�n.c,e the �}cills and knowlepge ·of the apprentice.

J.U . 'tS11�?;J.A<:2·1\•mea·ns ra:conirnft,t9e po111pbs¢tl __ +Qf .ah 'eqµa1 .
number of
f¢pr¢�(}µtc1tiv:e�/ Qf ;A�·· fo�ivi9cµ�l. �roPJ?Y�t/�11d ati indiyidµal union. • rypipflll}\SubtJA'Q..s tire CQD}IJOS� -bf t}j.fef(3) 1Tiernpers represe11ting labor and three:(3) m¢nibersrypr�5:�ndrigrn:µia.g�rrie.1g .. The �upcommittee s�all }q<;t1cm byhaJfrofJlw [qirit �PPren.tk�f>bip
Q��ittee on .rnatters affecting
;,: ;�pprnnti.pes Qf Imidtidiyi&u.al eITJ_ploye,:t: �fld'� ,iipl
i action shall be subject fo
approval,. n:io,c:IifictHiort, orxev�rsal,by theiGalifomia Fire Fighter Joint 4pprenticeship "<Johifnitt�e. •

1.12 1'U�:id�'".m�fll1sa�ind�p¢rit1eµt·as�ociatioh6t
au11ionloca1 affiliated with an
international u�
ion whic;h represents
f
ire fighters and a�sociated occupations
•
·whowotk{or an;indiyiou:alemployer. • • • •
•
4/94
ATTACHMENT A 340
Article II
Apprenticeship Considerations
Section 2.1 In consideration of Attachment A, the Department agrees to:
(a) Make available and provide academy training to all apprentices; (b) Make available and provide all related and supplemental instruction to each apprentice;
(c) Provide such training support services as to faci
litate (a) and (b)
above which may include, but are not limited to, classrooms, instruc_tors, drill grounds, fire app�atus, audio visual equipment, books; other instructional supplies, and such Department equipment as maybe necessary to accomplish training;
(d) Conduct, under the CFFJAC's direction, the training of apprentices in accordance wi� th� Appr�ntic�ship.Standatds; the'Emp1oyer shall aoi<l:e by the Apprenticeship Standards and secure the cooperation of the labor organization representing those classes of employees; (e) De$ignate an ''Instructor of Record'' who possess an appropriate Gal.if ornia .<:redential for the purpose of reviewing and supervising all academy and,related and supplemental instruction;
(f) Provicle an personal items, protective clothing, instructional supplies, and other training related materials required for use at the apprentice training academies;
(g) Provide the necessary supervision to ensure the safety and training of apprentices during ajl aspects of their apprenticeship; (h) Not discriminate in the hiring or the promotional process; (i) Appoint and support management members to a Sub-Co1mnittee of the CFFJAC (r�ferred to as Sub-JAC). The Sub-JAC
responsibilities are referred to in the Rules and Regulations of the CFFJAC.

Section 2.2 The aJ11ount of mq
ney,i-t;!i_rn,b�s�
g tq Jl.p�9:ip�tµ1� �YI'ai.:tment _f 9r co�ts ,
r1d
• y�p�n;se·s �ssociaJeg \VitJia.pptetl@y§WP: tr��ng Pr ov.ided Pi fll.e 4ep�1ro�µt span be �qual to th� su.w qf $?.75J>�(hour firp<e� ef1Ch h9µr 6f c1cMyirty a�d/or related.arid suppleme11t�l iµsttuqJiq? :giv�n to �n. apprentk�,and which is submitted lo the CFFJAC and repotted by the CFFJAC to an Stockton:

Egucational Institution. •
Toi. µptirly reirntnrr$yflietlt rnt�:fqr �ppr�n.ti¢e tff1.1W:I?g p1.:ovi<I�9 by tl1¢ CFFJAG to a, amci·. atin •i·mr attment and submitted tcftheJAG and · . �t�f ieilge{tfctii�Irtf sw.r&f �lid}\�4�i�ij �q'}'J)(��hf .•· 4/94
ATTACHMENT A 341
TI1is training may be bt1tis notlinµted to, delivery using distance learning technologie�; satellite broadcast;,:video tape distribution, computer or interactive disk or sta9dqrd da.ssr9q1n or dfill gr91U1d meillods.

Reimbursement ra,tes and br'costs will beJnaqe ava.ilabl� fo_r eaqh training progr8:m.

Sectiori 2.3 • The. 9fFJAC, S?aJl reduce rev¢n.ues due to ;a p�cjpa,t;ing department in an • amount equal to the administrative fees a.s ae·scribed tin' Attachment A.

Section 2.4 The CFFJA� will
_
�is�urs� fu
_
nds owed to the DepaJi:mC:n� within 10 days of
the Dep�ri�ent's wpttert tequest aft�r the CFFJAO1
s receipt of said fonds
frotn th� educational iI1stituJion, .systeITI. _Saidfp�9s , at the Departmenfs
direction., may !lxf-djsb_utsed iri ',tli� f cfrm 'of services/equipment, supplies or other materials in accordance with Attachment B.
,section 2r5
.. ,, -:,.:, .
. Jn
_
tI�e:eVypt th�Jta.te '.�tfic1f s_:f �fiq�{9f __ µJ5pte.nit¢e�hiptm.d .reliitetl ti�ing, ,the GffJAP·;S.
li�U pri:otitlz� the .di$ou,tserii¢.fltJ:>f f u1Jds,_based on th_e <:late of tM :su.bs6tiptiqn" Agt¢ehienf} ·ffh�'-1)¢p�ment·Wall•·hold the CFFJAC ·haimless by guaraf1teeintrepa,ym�rifOf"any·,runc.H ·advance.d by CFFJA C ��t re!mpµr
s� ,R;,}?0:l�fe
� _ _ • ,,.._.:, .
. >:" .
·· secfi
< •• • dri l'6 -·
.. ...
• •• i 'fh¢;:Pei>@metit \��)pt/lJrjiori \m.ayrwi tli&aw·· :#◊th i4.is. appren. tiCe$hip �, -pr,9gia.rri �gr<:y1}1ypt a� ilys¢ri�.d in t,nJs S�tfoth ·wiW.s>W fa.ult, �t �PY t�n;ie by ::;�ivJn�-·i,yii��:-:�?B.��'.�9,_-��K!.rf�-f:0
_
-
�9:;;�e:�ff ec1Y.P;,PMe:·9,f-terrmnatioit:•.-
, .• •-
Stock.ion
•
•·<'f :;rt�itr;��;��a1irtiii1i!�1�,�t: �:fit1tt�
. v'Sta11g�tf�s,·9t Jlµl¢} '.alfc;J, ��1�µ91,1,�/'ffry� gf�!19<��Y, JU..S9 teiminate _ this ilfil'�6-menfJf ;,th_e. P>ept1t,tme�t,-di�¢riminate,s' :?Ji :
�riY;'bt4,a.wful fashion. The
CFHAQ m"ay·pear. :such complaints, Md is the:firial :appeal body for the purpose of tyrminating this agreement.
,
- .•• : ·
· !, .:' :· -·· ••
_
- •• _,. :. ,:.-:�..: ·• -··</1
::i �- _
:/-;:: • < ·_: _ : • · ... -. ': ·:
4/94
ATTACHMENT A 342
Article III
Apprenticeship Rules & Regulations
Section 3.1 The Department and the CFFJAC agree to conduct this training program in a lawful manner and in accordance with all applicable State and Federal regulations and program requirements. The following exhibits are referenced herein and shall be made a part of this Agreement.

Exhibit A - CFFJAC Apprenticeship Standards
Exhibit B - CFFJAC Rules & Regulations
Section 3.2 The Department or its governing body's personnel division shall maintain all rights andjurisdiction to areas involving adyerse actions, appointments and terminations from public service as .provided under the existing laws and rule� not in'conflict with this Agr�ement,
Section 3.3 The Union agrees to support the Apprenticeship Program, this agreemen't, •• and to appoint and support tnembers to the Sub-JAC and other Committees.

Sect1on 3.4 Th_e Departrm;nt, to the extent pennitted by law, shallindemnify and hold harmless the CFFJAC from any property damage liability arising out of the Department's acts under .this Agreement related to the training program and the individ1Jal. The Department .shall indemnify and hold harmless the CFFJAC for normal w�ar apd tear and/or damage to p.ose, tool, equipment, '1ppanJt11s, during the te�ting and tra.inin_
g throughout the course of this
Agre\;!ment.

Section 3.5 The CFFJAC agrees, to the extent pennitted by law, to if1:demnify, defend arid hold harmless the Employer, its officers, agents, and employees f rom
any claims and losses occurring or resulting from any acts of negligence on the part of the CFFJAC in connection with their perfotmance of this Agreement.

Section 3.6 Both the CFFJAC and the Departmentagree to resolve conflict in this Agr,eement by submission to peutral arbitr�t9r i11 accordance with Titl� 9, Section 1480 et al of the Code of Civil Proc·¢ciures. The decision of the 11eµtqtl arbitra.t
d
r shall t>e final and binding on du,. parties.
• • • •
Stockton 4/94
ATTACHMENT A 343

ATTACHMENT A
Total Less Net
Academy Related:& Hours Total·Dollars. Administrative Reimbursement Occupation Hours** .. Supplemental Hours $2.75 Per Apprentice Fee Per Apprentice*** Fire Fighter 400*· ·.200 x 3 yrs ;;;; 600 1000 $2,750.00 $500.00 $2,250.00 Fire Fighter Medic 480*. :200 x 3.5 yrs =700 1180 3,245.00 650.00 2,595.00 Fire Fighter Diver 480� 200 x 3;5 yrs ;:;;700 1180 3,245.00 1sn.oo 2,495.00 Fire Suppresskm Technician., 400.� -200x 2 yrs ·=400 800 2;200.00 500.00 1,700.00 Wildland Fire Fighter S_peciaHst ,. 160*· 200 x 1.5 yrs =300 460 1,265.00 300.00 965.00 Emergency Medical Technipictn tt3 200 X 1 yr =200· 313 860]5 200.00 660.75 Paramedic 812*-·.· goo x 2 yrs =400 1212 3,333.00 750.00 2,583.00 Fire Engineer 160* 200x 1 yr = 200 360 990.00 250.00 740.00 Fire Apparatus .Engineer 400* :?_00 x 3 yrs =600 1000 2,750.00 500.00 2,250.00 Fire Officer 320* ·2oox 3 yrs =:600 920 2,530.00 350 .. 00 2,180.00 Fire EquipmentSpecialist 3QQ!" 200 x 4 yrs =800 1100 3,025.00 500.00 2;525.00 Fire Inspector 240* goox 2 yrs =400 640 1,760.00 350.00 1.410.00 Fire Preventioff.Officer 280"' 2.00 x 2 yrs =400 680 1,870.00 350.00 1,520.00 Fire Marshal 2ao· 200 x 2 yrs =400 680 1,870�00 350.00 1-,520.00 Hazardous Materials Technician 320"' 288x 2 yrs·
I
--576 896 2.464.00 500.00 t;,964.00
Fire Department Training Officer 28.0"' 200 x 2 yrs = 400 6�0 1,870.00 350.00 1�520.00 I
Arson and Bomb Investigator.

I
280� 200x 2 yrs = 400 6�0 1,870.00 350.00 �L52o.oo
I
May be ccnductod In more than ono,ses�on during th9 R/'$1 year of apprenticeship .. The figure represontod lh9 suggested minimum number ol academy hours At the Department's request, ths CFFJAC wifl retain and remit the SBFS Cenification fee and act as the department /a/son to CFSTES 4193 ATTACHMENT A 344

EQUIPMENT AND SERVICES DISBURSEMENT
All funds earned by the Department will be entered into a clearing account.

Upon presentation of a written request for disbursement from the Department authorized representative(s), the CFFJAC will purchase or provide said equipment, materials or services for the Department.

The Department clearing account will be reduced by the price of the equipment, materials, etc., and/or an agreed upon price for any service.

The CFFJAC provides no warranty expressed or implied concerning the goods or services that are requested by the Department.

The CFFJAC acts only as an agent for purchasing in all transactions. 4/94
ATTACHMENT A 345
Pre-Qualification CIP Rebate Application Submitted By A. Meyer; Reviewed By T. Myers; Requested Rebate Amount: $111,076.75

ATTACHMENT B

APPROVED
By Tammie Myers at 2:06 pm, 8/1/23
346

ATTACHMENT B
347
$111,076.75
26,225,720 Annual 262,257,200 Lifetime $1.60 $111,076.75

ATTACHMENT B
348

ATTACHMENT B
349

ATTACHMENT B
350
26,225,720 Annual 1 $111,076.75 90 days/signed contract

ATTACHMENT B
351

ATTACHMENT B
352

ATTACHMENT B
353
Stockton Fire Dept. Projected Training Water Flow Report Average
Flow
GPM
Time
(Minutes) Gallons per Evolution
Reps Per
year Per
Engine
Total Gallons Per Year Per
One Engine Company
1 Standard Fire attack 1 3/4" 185 5 925 108 99,900
2 Defensive Fire attack 2 1/2" with Fog Nozzle 250 10 2,500 6 15,000 3 Offensive Fire attack 2 1/2" with Smooth Bore 266 10 2,660 12 31,920 4 Lead Line Hose Pack 1 3/4" (Above Ground or Extending) 185 5 925 36 33,300 5 High Rise Pack Hose Evolutions 2.5" Hose 266 5 1,330 12 15,960 6 Standard Fire Attack 1 1/2" Hose 160 5 800 108 86,400 7 Deck Gun Drill (Multiple Tip Sizes) 1,000 5 5,000 6 30,000 8 Ground Monitor Drill 2" Tip 1,000 5 5,000 6 30,000
9 Multiple Hose Line Drill 435 10 4,350 6 26,100
10 Wildland progressive hoselay extension 85 15 1,275 3 3,825 11 Aerial Master Stream Drill 1,000 5 5,000 3 15,000
12 Total Flow Per Type 1 Engine & Quint 24,765 387,405
13 Total Flow x 13 Engine Companies 5,036,265
Average
Flow
GPM
Time
(Minutes) Gallons per Evolution
Reps
Per
Year
Total
Gallons
per Year
25 Residential structure fire - Offensive mode 650 10 6,500 6 39,000 26 Residential structure fire - Defensive mode 1,000 5 5,000 6 30,000 27 Residential structure fire - High Rise 300 10 3,000 6 18,000 30 Total Flows by Type I & Quints During Battalion Level Training 14,500 87,000 Average
Flow
GPM
Time
(Minutes) Gallons per Evolution
Reps Per
year
(Total)
Total
Gallons
per Year
33 Supply engine 1000 gpm dual intake 1,000 15 15,000 1 15,000 34 Pumping a Truck hose tower elevated master stream 1,000 5 5,000 1 5,000 37 Supply engine 1000 gpm dual intake for master stream 1,000 10 10,000 1 10,000 38 Mulitple Hose Line Drill 451 10 4,510 4 18,040
39 Max water flow from tank 1,200 5 6,000 1 6,000
40 Large Water Flow Drill 1,050 6 6,300 4 25,200
41 High Rise Structure Fire Drill 435 7 3,045 3 9,135
Deck Gun - 1 3/8" tip (Race For Water) 500 5 2,500 2 5,000 45 Relay pumping 1,000 10 10,000 1 10,000
46 Drafting w/ Multiple Lines 451 10 4,510 2 9,020
Sabotage Drills 951 10 9,510 1 9,510
47 Pumping a Truck hose tower elevated master stream 1,000 5 5,000 1 5,000 48 Total Flow During Engineer Task Book Training 81,375 126,905 49 Avg # of Engineer Candidates Per Year = 27
50 Total Engineer Task Book Training Annual Gallons = 3,426,435 51 Firefighter Recruit Academies (Avg. # Reruits = 18 ) Estimated 80 day Academy 2 4,568,580 52 Annual NFPA Pump Testing ( See Pump Testing Flow Sheet) 1,110,000 56 14,228,280
Type 1 Engine Detail
Initial Attack Standards and Other Engine Company Level Training Evolution Name
Combined Total of Annual Flows - Projected & Actual Training and Pump Testing Evolution Name
Engineer Task Book Training and Engineer Academy
Evolution Name
Battalion Level Multi - Company Training
55, 500 Gallons Flowed per Engine Test of 20 Engines

ATTACHMENT B
354
www.PumpPodUSA.com
June 20, 2023
Stockton Fire Department Quote #: 23-0620SFDMDU-01
Mobile DRAFTS UNIT Proposal
Dear Deputy Chief Brandon Doolan,
Thank you for your interest in our PumpPodUSA DRAFTS UNITS. We are pleased to present the following information per your request for a Mobile DRAFTS Unit (exceeds 2,100 USG). The PumpPodUSA - Direct Recirculating Apparatus Firefighting Training & Sustainability (DRAFTS) Unit apparatus is specifically designed to be the ultimate training tool to develop, maintain and test your Engineers and Firefighters. This Unit will enhance the safety, training and practice for candidates specifically while providing needed additional training opportunities to ensure that your department has the most prepared and qualified workforce today.

The DRAFTS Unit will provide and allow your department to train with Full Flow Water for your Firefighters and Engineers. When deployed out into the Battalions the Engine Companies can train WITHOUT having to call “Out of Service” thus significantly increasing the hours of training but reducing time and costs related to these exercises.

Another benefit to the DRAFTS Units is that they are self-contained and re-circulate the water required for a wide variety of training evolutions as well as a host of NFPA testing requirements and water conservation mandated compliance.

Each DRAFTS Unit will allow approximately (2,100 USG) amount of water to be pump continually, literally saving millions of gallons each year using the DRAFTS Units innovative design and construction.

General Construction Notes:
x This apparatus is constructed are custom fabricated from scatch and are reinforced in a variety of ways in order to provide long term reliability and durable service. x A custom bulkhead is constructed and welded into the container. This bulkhead is placed back from the access doors. The design also allows a safe flat deck to safely access to the nozzle mounting system. This system is customizable to suit your Training & Testing needs. variety of straight nozzle styles as well as custom additions.
x The DRAFTS UNIT is fitted with Drafting and Pressure Pipes, NH Fittings of various sizes ranging from:
1 1/2” - 6” and is available in several configurations based on your department needs. x The Diffuser Screen is mounted to a frame at an angle to divert the incoming stream downward into the reservoir. The optional hanging targets on the deflector shield are to help train nozzle operators. x All Apparatus will be coated internally with Rhino protective coatings for containment and durability. x Photographs and illustrations are included on the following pages to help illustrate the design items mentioned herein.
x 10 Year Limited Warranty
Thank you again for your interest, after your review please feel free to contact me with any questions or comments.

Sincerely,
Bill Ward
Executive Director Cell: (949)246 6999 Email: [email protected]

ATTACHMENT B
355
www.PumpPodUSA.com
Mobile DRAFTS Unit on 24’ Trailer Capacity: 2,100 Gallons Approx. Gross Weight (Empty): 9,700 lbs. Example: How Artwork has been applied on previous Units.

ATTACHMENT B
356
www.PumpPodUSA.com

DIRECT RECIRUCLING APPARATUS FIREFIGHTER

TRAINING & SUSTAINABILITY UNIT
Rear Bulkhead Wall & Interior Features:
1 Galvanized Diffuser Screen mounted to Aluminum Frame (Optional Target can be mounted) 1 Step welded to Inside and outside of the Bulkhead Wall 6 Welded Fire Hose & Nozzle Plates in 2.5” Ss Nipples Capped with 2.5” NH Fittings (Aluminum) 1 200 PSI Pressure Relief Valve for FDC Plumbing (Red)
1 1 ½” Valve, the same as if they were opening of Interior Standpipe on 3rd floor (Red) (Connected to 3 Port FDC with In-line 900 Fittings to provide for the equivalent of 150’of resistance/ friction loss)

ATTACHMENT B
357
www.PumpPodUSA.com
Front:
1 Safety Rail with folding Aluminum Step at front of Deck 1 6” Horizontal Draft Port (Blue) with Butterfly Valve and 6” FNH Double Swivel Fitting (Alum.) 1 6” Vertical Riser Draft Training Riser per our discussion, (for a portion of annual pump testing) 1 1 ½” Make-up Water (using an Auto-Fill with Float) Ball Valve with NH fitting - - Right side 1 Powder Coated Blue Parts Box
1 12 Volt Electromechanical Water Meter with Totalizer with 12 Battery & Conditioner w/ Plugin. 1 Portable Hydrant with Stainless Steel deck plate to secure to unit to the deck during transport. 1 (3) Port FDC with 2 ½”Clappered Snoots w/ working 3rd Story Standpipe valve with 200 PSI PRV. (Plumbed to series of 90 degree fittings Providing for 150’ of Line Restriction / friction loss.

ATTACHMENT B
358
www.PumpPodUSA.com
Standard Items & Features Included:
(1) Portable Wet Barrel (DB) Customized Hydrant 6” Supply (4”, 4 ½” or 5” reducer NH Fitting) in 2 or 3 Ports Multi-layer Galvanized Expanded Steel Deflector Screen secured to Aluminum Frame. (3) Port FDC Connections – Plumbed with (3) 2 ½” Brass Clappered Snoots 5’ x 5’ Galvanized Roof Target
Swinging Nozzle Target Plate Powder coated Yellow and bolted to Diffuser Screen Non-skid flooring welded on Rear deck level with Pod Floor with aluminum heavy duty non-skid decking.

Non-skid flooring welded on Front End Deck with expanded & raised Galvanized steel.

Powder Coated Front End Safety Rail with Aluminum Folding Step Rear Stairs – Folding Aluminum with Web Strap Set for transport. Upper Handles coated with Rhino Liner.

Powder Coated Rear Deck Safety Railing -
3” Floor Drain – Nylon Ball valve with Cam Fitting and 25’ of Lay Flat Drain Hose Interior of Apparatus sprayed with watertight Rhino Liner protective coating for containment and durability.

Exterior Powder Coated Panel Siding with aluminum diamond plate trim. Artwork / Signage using a UV Wrap.

All Ball Valve Handles coated with Black Rhino Liner protective coating Custom Heavy-Duty 12” I-Beam with dual axle Trailer for PumpPod DRAFTS Unit(Painted Black with Clear Coat) Optional Items & Features
Additional - Portable Wet Barrel Customized Jones Hydrant (DB 4” x 2 1/2”, DB 4” x 2 ½” x 2 ½”) Pump Testing Manifold (5) 3” Clappered Snoots for up to 2,000 GPM Customized 3 Port Portable (DB 4” x 2 ½” x 2 ½”) Wet Barrel Jones Hydrant Fire Hose Roller (Inserted when needed into Hitch Receiver – welded on either side of Rear Portion of Trailer Warranty
10 Year Limited Warranty (See Warranty Document)
Repairs and Service of Units
Any Warranted Repairs or Non-Preventive Maintenance Service items covered by the warranty, will be performed by PumpPodUSA personnel or designated vendor. Written Notice with photographs documenting the Repair / Service Item in question shall be sent to PumpPodUSA in a timely manner from the Fire Department Fleet Services. Once PumpPodUSA reviews the issue they will decide on the course of action:

1. Local Vendor - Dispatched by PumpPodUSA… (If Item is not completed by Vendor - Refer to Option #2)

2. PumpPodUSA personnel will be dispatched to inspect and perform Repairs or Service on-site.

3. If Repair & Service Item(s) can’t be completed on-site the Unit will be transported to the factory at the manufactures time and expense. Once Repair / Service are completed it will be returned back to Fire Department at manufactures expense.

4. Fire Department Fleet representative will confirm Item in question was completed to Departments satisfaction must be signed off at time of delivery.

ATTACHMENT B
359
www.PumpPodUSA.com
Price Quote Date: June 20, 2023
Stockton Fire Department Quote #: 23-0620SFDMDU-01
Pump-Pod / DRAFTS Unit Specifications: Descriptions Unit Price:
(1) Mobile –
Approx. 2,100 Gallons
See the Following List:

Mobile Base Model
Mobile DRAFTS Unit
(see specifications above)
$96,775.00
Stenciling & Artwork Signage
Wrap
Seals, Shields & Logos -
Digital files provided by Cust.

Wrap Designed, Printed and Applied
by PumpPodUSA
Included
Diffuser Screen Layered Expanded Galvanized Secured to Aluminum Frame Included Bulkhead Inside Rear Door (1) Welded Step on Outside (1) Welded Step to Inside of Bulkhead Included (6) – 2.5” Ss Pipe Nipples
Welded on Nozzle Plates

2.5” NST Fittings on each nipple Included
Front Deck 6” Butterfly Valve on Primary
Horizontal Drafting Connection
6” FNPT to 6” FNH Dbl. Swivel Fitting
W /6” MNST x 4” FNST Swivel reducer
Included
On vertical Draft Riser –
Material Sched. 80 PVC
6” FNPT to 6” MNH Fitting
Convert from Pipe to Fire Hose Threads
1” Bleeder Valve on Riser
Included
Front - Left Hand Side Make-Up Water – 1.5” Ball
Valve under Left Front Deck
(1) x 1.5” standard valve w/ auto-refill
float inside
Included
3 Port FDC with (3) 2.5” Brass
Clappered Snoots with
Pressure Relief Valve
Plumbed to fittings inside providing
150’ of Line Restriction & Friction loss
and simulated Standpipe Hydrant
Included
Flexible Suction Hoses (2) - 6” Hoses 10’ in Length 6” Diameter with NH Threaded Fittings Included 1 Custom Portable Hydrant DB 4” x 2 ½” 6” Intake reduced to 4” FNH Swivel Included Electro-mechanical Water Meter 12 Volt with Battery Conditioner Plumbed on 6” Blue Suction Pipe -Front Included Roof Target 5’ x 5’ Galvanized Inset into Roof top for Drainage Multi-Layer Galvanized Steel - Strength Included Swinging Nozzle Flow Targets Powder coated Stainless Steel Mounted to Diffuser Screen Included Tool/ Parts Box Blue Powder coat Included
Base Model Total: $96,775.00
Accessories / Options:

Pump Testing Manifold Manifold mounted on Left
Side (4) 2 ½” Fittings with
Caps connected to flanged
flow assembly.

Dept. will attach their Stream
Straightener fitting and Pitot
Gauge, water flows into open Tank.
$3,800.00
Add-on & Options Sub-Total: $3,800.00
Sub-Total before Sales Tax: $100,575.00
Sales Tax: Zip Code: 95020 9.0 % Sales Tax $9,051.75
Total after Sales Tax: $109,626.75
On-Site Training & Delivery: Provided by PumpPodUSA Training & Delivery $1,450.00 Grand Total: $111,076.75
Payment Installments: Please make the checks payable to:

Initial 50% Payment Due with Issued P.O. PumpPodUSA
Remaining 50% upon Delivery 3850 Royal Ave., Suite B
Simi Valley – CA – 93063

ATTACHMENT B
360
www.PumpPodUSA.com
June 20, 2023
Stockton Fire Department Quote #: 23-0620SFDMDU-01
Mobile DRAFTS UNIT Proposal
Dear Deputy Chief Brandon Doolan,
Thank you for your interest in our PumpPodUSA DRAFTS UNITS. We are pleased to present the following information per your request for a Mobile DRAFTS Unit (exceeds 2,100 USG). The PumpPodUSA - Direct Recirculating Apparatus Firefighting Training & Sustainability (DRAFTS) Unit apparatus is specifically designed to be the ultimate training tool to develop, maintain and test your Engineers and Firefighters. This Unit will enhance the safety, training and practice for candidates specifically while providing needed additional training opportunities to ensure that your department has the most prepared and qualified workforce today.

Each DRAFTS Unit will allow approximately (2,100 USG) amount of water to be pump continually, literally saving millions of gallons each year using the DRAFTS Units innovative design and construction.

Sincerely,
Bill Ward
Executive Director Cell: (949)246 6999 Email: [email protected]

ATTACHMENT B
361
www.PumpPodUSA.com
Mobile DRAFTS Unit on 24’ Trailer Capacity: 2,100 Gallons Approx. Gross Weight (Empty): 9,700 lbs. Example: How Artwork has been applied on previous Units.

ATTACHMENT B
362
www.PumpPodUSA.com

DIRECT RECIRUCLING APPARATUS FIREFIGHTER

ATTACHMENT B
363
www.PumpPodUSA.com
Front:
1 Safety Rail with folding Aluminum Step at front of Deck 1 6” Horizontal Draft Port (Blue) with Butterfly Valve and 6” FNH Double Swivel Fitting (Alum.) 1 6” Vertical Riser Draft Training Riser per our discussion, (for a portion of annual pump testing) 1 1 ½” Make-up Water (using an Auto-Fill with Float) Ball Valve with NH fitting - - Right side 1 Powder Coated Blue Parts Box
1 12 Volt Electromechanical Water Meter with Totalizer with 12 Battery & Conditioner w/ Plugin. 1 Portable Hydrant with Stainless Steel deck plate to secure to unit to the deck during transport. 1 (3) Port FDC with 2 ½”Clappered Snoots w/ working 3rd Story Standpipe valve with 200 PSI PRV. (Plumbed to series of 90 degree fittings Providing for 150’ of Line Restriction / friction loss.

ATTACHMENT B
364
www.PumpPodUSA.com
Standard Items & Features Included:
(1) Portable Wet Barrel (DB) Customized Hydrant 6” Supply (4”, 4 ½” or 5” reducer NH Fitting) in 2 or 3 Ports Multi-layer Galvanized Expanded Steel Deflector Screen secured to Aluminum Frame. (3) Port FDC Connections – Plumbed with (3) 2 ½” Brass Clappered Snoots 5’ x 5’ Galvanized Roof Target
Swinging Nozzle Target Plate Powder coated Yellow and bolted to Diffuser Screen Non-skid flooring welded on Rear deck level with Pod Floor with aluminum heavy duty non-skid decking.

Non-skid flooring welded on Front End Deck with expanded & raised Galvanized steel.

Powder Coated Front End Safety Rail with Aluminum Folding Step Rear Stairs – Folding Aluminum with Web Strap Set for transport. Upper Handles coated with Rhino Liner.

Exterior Powder Coated Panel Siding with aluminum diamond plate trim. Artwork / Signage using a UV Wrap.

1. Local Vendor - Dispatched by PumpPodUSA… (If Item is not completed by Vendor - Refer to Option #2)

2. PumpPodUSA personnel will be dispatched to inspect and perform Repairs or Service on-site.

4. Fire Department Fleet representative will confirm Item in question was completed to Departments satisfaction must be signed off at time of delivery.

ATTACHMENT B
365
www.PumpPodUSA.com
Price Quote Date: June 20, 2023
Stockton Fire Department Quote #: 23-0620SFDMDU-01
Pump-Pod / DRAFTS Unit Specifications: Descriptions Unit Price:
(1) Mobile –
Approx. 2,100 Gallons
See the Following List:

Mobile Base Model
Mobile DRAFTS Unit
(see specifications above)
$96,775.00
Stenciling & Artwork Signage
Wrap
Seals, Shields & Logos -
Digital files provided by Cust.

Pump Testing Manifold Manifold mounted on Left
Side (4) 2 ½” Fittings with
Caps connected to flanged
flow assembly.

Initial 50% Payment Due with Issued P.O. PumpPodUSA
Remaining 50% upon Delivery 3850 Royal Ave., Suite B
Simi Valley – CA – 93063

ATTACHMENT B
366

YR JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL 1 2023 53 50 56 64 60 125 0 0 0 0 0 0 408
2 2022 63 52 47 75 95 166 180 150 175 139 134 58 1334
3 2021 50 96 98 98 141 201 170 169 136 139 123 57 1478
4 2020 41 45 42 51 78 150 191 93 112 207 117 50 1177
5 2019 45 49 48 45 69 76 126 107 196 105 61 55 982
5 Year 5379

ATTACHMENT B
367
City of Stockton
Legislation Text
File #: 23-0831, Version: 1

RATIFY FINAL EXPENSES FOR THE EMERGENCY ENVIRONMENTAL CLEANUP AND

MITIGATION OF A SANITARY SEWER OVERFLOW NEAR CORONADO AND EAST FULTON

STREETS

RECOMMENDATION
It is recommended that the City Council adopt a resolution to ratify the emergency expenditure of $285,311.98 to Ponder Environmental of Benicia, California, for emergency environmental cleanup and mitigation of a sanitary sewer overflow near Coronado and East Fulton Streets.

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

Summary
On January 28, 2023, an air relief valve (ARV) on a pressurized sewer line located near the intersection of Coronado Street and East Fulton Street failed. The failure caused a large-scale sanitary sewer overflow (SSO) that affected City property and two private residences. The Municipal Utilities Department (MUD) Environmental Control, Collections and Maintenance Divisions immediately responded and began spill remediation and repair of the ARV. The next day, MUD retained a professional environmental cleanup company, Ponder Environmental (Ponder), under City Council Resolution 2019-03-05-1109, that approved a rotating vendor list for environmental cleanup and abatement services, to conduct extensive cleanup and mitigation of the site.

By February 24, 2023, Ponder had completed all cleanup and mitigation work on the City property and two private residences. On May 23, 2023, the City Manager approved the MUD request for emergency procurement authorization for the Coronado SSO in accordance with City Manager Emergency Contract and Procurement Policy (17.05.150).

If approved, this resolution will ratify the total expenditure of $285,311.98 for emergency environmental cleanup and mitigation by Ponder Environmental of the sanitary sewer overflow near Coronado and East Fulton Streets.

DISCUSSION
Background
The pressurized sanitary sewer pipeline ARV that failed is part of a collection system network of 890 miles of City sanitary sewer lines, which convey wastewater from throughout the City to the Regional Wastewater Control Facility (RWCF). Of the 890 miles of City sewer pipelines, 30 miles are pressurized force main pipelines. An ARV is a special type of valve located on pressurized force mains that allow air to escape the pressurized pipe.

City of Stockton Page 1 of 2 Printed on 10/12/2023
powered by Legistar™
368
File #: 23-0831, Version: 1
On January 28, 2023, an ARV located near the intersection of Coronado Street and East Fulton Street failed and allowed approximately 12,000 gallons of untreated sanitary wastewater to leave the collections system. The SSO affected the surrounding City property and two private residences. The MUD Environmental Control, Collections, and Maintenance Division staff immediately responded to repair the ARV and begin the cleanup process to mitigate risk to public health and property.

On January 29, 2023, staff retained Ponder Environmental to conduct more extensive cleanup and mitigation. By February 23, 2023, the SSO cleanup was completed. Upon completion of work and determination of final costs, the City Manager approved the MUD request for emergency procurement authorization for the Coronado SSO in accordance with City Manager Emergency Contract and Procurement Policy (17.05.150) and City Council Resolution 2019-03-05-1109, that approved a rotating vendor list for environmental cleanup and abatement services.

Present Situation
All repairs and mitigation measures are complete and normal collection system operation has been restored along Coronado Street and East Fulton Street. In May 2023, Ponder Environmental submitted the final cost of $285,311.98 for cleanup and mitigation services for the emergency environmental work. However, due to the ongoing nature of the risk services analysis for potential claims by the impacted homeowners against this cleanup project, the MUD delayed the final reporting of these expenses to ensure all charges for the project had been submitted and validated.

Upon receiving the final invoice by Ponder, the MUD prepared and executed payment for these services.

Staff recommends that the City Council ratify the total expenditure of $285,311.98 for emergency environmental cleanup and mitigation by Ponder Environmental of the sanitary sewer overflow near Coronado and East Fulton Streets.

FINANCIAL SUMMARY
There are sufficient funds in the approved Wastewater Collections Division budget for the emergency environmental cleanup and mitigation services provided by Ponder Environmental.

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

City of Stockton Page 2 of 2 Printed on 10/12/2023
powered by Legistar™
369
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TO RATIFY FINAL EXPENSES FOR THE EMERGENCY

ENVIRONMENTAL CLEANUP AND MITIGATION OF A SANITARY SEWER

OVERFLOW NEAR CORONADO AND EAST FULTON STREETS
On January 29, 2023, an air relief valve (ARV) located near Coronado and East Fulton Streets failed and caused a large sanitary sewer overflow (SSO) that affected City property and two private residences. Staff from the Municipal Utilities Department (MUD), Environmental Control and Collections Divisions immediately responded, initiated work, and the following day contracted with Ponder Environmental (Ponder) to conduct extensive cleanup and mitigation of the site; and
On February 24, 2023, Ponder completed the cleanup and mitigation work on the City property and two private residences; and
On May 23, 2023, the City Manager approved the MUD request for emergency procurement authorization for the Coronado SSO in accordance with City Manager Emergency Contract and Procurement Policy (17.05.150), which provides a process for rapidly acquiring needed materials or services for critical, unforeseen government need amid emergency situations as defined in Chapters 2.82 and 3.68 of the Stockton Municipal Code, and City Council Resolution 2019-03-05-1109, that approved a rotating vendor list for environmental cleanup and abatement services; and All repairs and mitigation measures are complete and normal collection system operation has been restored along Coronado Street and East Fulton Street. However, due to the ongoing nature of the risk services analysis for potential claims by the impacted homeowners against this cleanup project, the MUD delayed the final reporting of these expenses to ensure all charges for the project had been submitted and validated; and Upon receiving the final invoice by Ponder, the MUD prepared and executed payment for these services; now, therefore,

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

1. The City Council ratifies the total expenditure of $285,311.98 for cleanup and mitigation services for the emergency environmental cleanup and mitigation of the sanitary sewer overflow near Coronado and East Fulton Streets. //
//
//
//
//
//
370

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

PASSED, APPROVED, and ADOPTED October 17, 2023 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
371
City of Stockton
Legislation Text
File #: 23-0859, Version: 1

ADOPT A RESOLUTION TO EXECUTE A PROJECT FUNDING AGREEMENT WITH THE STATE

WATER RESOURCES CONTROL BOARD TO EXTEND WATER UTILITY SERVICES TO SUNNY

ROAD IN SAN JOAQUIN COUNTY

RECOMMENDATION
It is recommended that the City Council adopt a resolution to execute a project funding agreement for financial assistance with the State Water Resources Control Board to extend water utility services to Sunny Road in San Joaquin County.

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

Summary
On November 19, 2019, the City Council authorized the application for grant funds from the State Water Resources Control Board (SWRCB) to extend water utility service to the Century Mobile Home Park, the Avalos Silva Mobile Home Park, and four individual homes near Sunny Road in San Joaquin County. The small public drinking water systems and the wells for the individual homes are classified as contaminated due to arsenic and nitrate contamination present in the groundwater.

The San Joaquin County Environmental Health Department directed the residents of all these communities to abandon or retrofit wells to meet new drinking water regulations. The two small public water systems and private wells are in a severely disadvantaged community with no apparent sources of private funding to meet the new water quality regulations.

The most cost-effective option to meet new regulations is to abandon the contaminated wells at all the sites and connect the properties to the water utility system. To support the project, the SWRCB Division of Financial Assistance requested the City, through the Municipal Utilities Department (MUD), to apply for available grant funding to extend water utility services to Sunny Road. The City honored the request and applied for grant funding in May of 2020. The project is outside of the City water service area; however, the proposed alignment is consistent with the Water Utility Master Plan and within an acceptable distance from the closest existing water main located south of Arch Road.

Staff recommends the adoption of a resolution to execute a funding agreement (Attachment A) for approximately $1,421,588 in grant funding through the SWRCB to extend water utility services to Sunny Road. The $1,421,588 amount reflects the current project cost estimate and was derived from completing the project Engineering Report (Attachment B). This cost can be amended when the City solicits bids for project construction.

City of Stockton Page 1 of 3 Printed on 10/12/2023
powered by Legistar™
372
File #: 23-0859, Version: 1

DISCUSSION
Background
In 2015, the City Council authorized MUD staff to work with the SWRCB Division of Financial Assistance to obtain funding for the consolidation of the Century Mobile Home Park public water system. In 2019, other properties near the mobile home park including the Sunny Road (Avalos Silva) public water system and four private wells were also found to have contaminated water and subsequently were added to the project. The two small public water systems and residences serve disadvantaged communities that are located just outside of the City southeast boundary and water utility service area along Sunny Road in San Joaquin County.

Both public water systems serve drinking water that is above the maximum contaminant level for arsenic. The private residences were found to have nitrate concentrations from groundwater wells above the maximum contaminant level. The San Joaquin County Environmental Health Department directed the residents to abandon or retrofit their wells to meet new drinking water regulations.

Furthermore, this is a severely disadvantaged community that lacks enough sources of private funding to meet these new regulations. The most cost-effective option is to abandon the contaminated wells and connect the properties to the City’s water system.

To fix the water quality problem and prevent additional violations, the properties applied for and received funding through the SWRCB to complete project planning, engineering design, and environmental analysis to apply for financial assistance. The SWRCB project construction funding application was submitted by the City in May 2020. This would provide funding to construct the necessary improvements required to connect to the MUD drinking water utility and abandon the contaminated wells.

Present Situation
The SWRCB and MUD staff have completed the planning, design, and environmental analysis needed to finalize the application process. With the application complete, the SWRCB finished their review of the application and created a draft funding agreement for the City. Once the City adopts a resolution to execute the funding agreement, the SWRCB will be able to approve the project funding agreement.

Staff recommends the adoption of a resolution to execute a project funding agreement for $1,421,588 through the SWRCB to extend water utility services to Sunny Road. When approved, the MUD will manage the construction of the project. In addition, all costs associated with the installation of the improvements, including staff time, permitting and service connection costs/fees will be funded by the SWRCB grant.

When the financial assistance agreement is executed, the MUD will proceed to advertise bids for the project. Once construction bids are received, staff will return to Council with a recommendation to award the project to the apparent low bidder and accept all environmental findings under the California Environmental Quality Act necessary for the City to complete the project. At the conclusion of the project, both small public water systems and the four individual homes will be connected to the City drinking water system and have a safe, reliable source of drinking water to benefit the community.

City of Stockton Page 2 of 3 Printed on 10/12/2023
powered by Legistar™
373
File #: 23-0859, Version: 1
Prior to connecting to the City’s water system, both public water systems and the homeowners will be required to comply with all conditions outlined under City Policy 19.02.020, complete all service agreements, and pay all fees for water connections outside the City limits.

FINANCIAL SUMMARY
The SWRCB grant funding totaling $1,421,588 is anticipated to cover project costs to connect both small public water systems and the four individual homes to the City water system and all eligible costs of the project.

The grant funding, once awarded to the City, will be allocated based on reimbursement of actual project construction, management and associated costs incurred by the MUD. The actual costs will be charged against Project #UH24011. In addition, once water service starts, the residents in the community will also pay the City established water rates, which will help fund maintenance and operation of the new connections and water meters.

If grant funds are not awarded for construction by the SWRCB, the City will not move forward on project construction, and the project will be re-evaluated to assess the potential for funding from other sources.

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

Attachment A - Draft Funding Agreement
Attachment B - Engineering Report
City of Stockton Page 3 of 3 Printed on 10/12/2023
powered by Legistar™
374

DRINKING WATER CONSTRUCTION GRANT
AGREEMENT No. D2202045
by and between
CITY OF STOCKTON (“Recipient”)
AND
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”) for the purpose of the

CENTURY MOBILE HOME PARK AND SUNNY ROAD WATER SYSTEM CONSOLIDATION PROJECT 3910012-001C (“Project”)
• Section 80140 of the Public Resources Code, and Resolution No. 2022-0041.

PROJECT FUNDING AMOUNT: $1,421,588.00
GRANT COMPONENT: $1,421,588.00
ESTIMATED REASONABLE PROJECT COST: $1,421,588.00
ELIGIBLE WORK START DATE: NOVEMBER 27, 2019
ELIGIBLE CONSTRUCTION START DATE: APRIL 4, 2023
CONSTRUCTION COMPLETION DATE: SEPTEMBER 30, 2026
FINAL REIMBURSEMENT REQUEST DATE: MARCH 31, 2027
RECORDS RETENTION END DATE: SEPTEMBER 30, 2062
ATTACHMENT A 375
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Page 2 of 21 ends

City Council and Concurrent AuthoritiesOctober 17, 2023

City Council and Concurrent Authorities
October 17, 2023