City Council and Concurrent Authorities
December 12, 2023

City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
4:00 PMTuesday, December 12, 2023
Closed Session 4:00 PM :: Regular Session 5:30 PM

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 23-1132

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Six
Name of Case: Karla Heneby v. City of Stockton, et al. (San Joaquin County Superior Court Case No.

STK-CV-UCR-2022-9993)
Name of Case: Fire Captain Dwight Lindsey, (Workers’
Compensation Appeals Board Case Nos.

ADJ14384664; ASJ14384663; and
ADJ116192016)
Name of Case: Yachne Noah v. City of Stockton, et al. (San Joaquin County Superior Court Case No.

STK-CV-UNPI-2022-9992)
Name of Case: Angela Pelligra v. City of Stockton, et al. (San Joaquin County Superior Court Case No.

STK-CV-UCR-2022-9859)
Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No.

STK-CV-UVM-2019-12404)
Name of Case: Fire Captain Dennis Zuck, (Workers’
Compensation Appeals Board Case Nos.

1 December 12, 2023City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
ADJ17312464 and ADJ17407969)
This Closed Session is authorized pursuant to section 54956.9(d) (1) of the Government Code.

Department:

City Attorney

3.2 23-1133 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 23-1134 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Manager

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

Department:

City Attorney

3.4 23-1135 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Attorney

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

Department:

City Attorney

3.5 23-1136 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Clerk

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

Department:

City Attorney

3.6 23-1137 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: One
Based on existing facts and circumstances, there is significant exposure

2 December 12, 2023City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
to litigation pursuant to Government Code section 54956.9(d)(2).

Department:

City Attorney

4. CLOSED SESSION PUBLIC COMMENT*

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 23-0860
AUTHORIZE AN AGREEMENT WITH BMO BANK N.A. (FORMERLY

BANK OF THE WEST) FOR UTILITY BILLING REMITTANCE

PROCESSING SERVICES (LOCKBOX SERVICES)
Recommended Action:

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

1. Authorize the City Manager to execute an agreement with BMO Bank N.A. (formerly Bank of the West) ("Bank") to provide utility billing remittance processing services (also known as lockbox services) through June 30, 2027, in the amount of $64,500 per year.

2. Approve findings pursuant to Stockton Municipal Code section

3.68.070 for an exception to the competitive bidding process.

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

Department:

Administrative Services
Attachment A - Agreement - Bank of the West
Attachment B - Agreement - BMO Lockbox Services
Attachments:

12.2 23-1108 ADOPT A RESOLUTION TO ACCEPT A ROUND 1 ADAPTATION

PLANNING GRANT PROGRAM AWARD IN THE AMOUNT OF
$650,000

3 December 12, 2023City Council/Successor Agency to
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:

1. Authorize the City Manager to execute a grant agreement in the amount of $650,000 with the California Governor's Office of Planning and Research (OPR), and;

2. Authorize the City Manager to appropriate grant revenues and expenditures in the amount of $650,000, and;

3. Authorize the City Manager to execute and manage sub-agreements with co-applicants in amounts consistent with the Grant Agreement.

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

Department:

City Manager
Attachment A - APGP R1 Planning Grant Agreement
Proposed Resolution - APGP R1 Planning Grant
Attachments:

12.3 23-1077 APPROVE A MOTION TO APPLY FOR, ACCEPT, AND

APPROPRIATE GRANT FUNDING FROM THE CALIFORNIA

INTERAGENCY COUNCIL ON HOMELESSNESS (CAL ICH) FOR

ROUND FIVE OF THE HOMELESS HOUSING, ASSISTANCE AND

PREVENTION (HHAP) GRANT PROGRAM
Recommended Action:

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

1. Authorize staff to apply for, accept and appropriate Round 5 of the Homeless Housing, Assistance and Prevention Grant (HHAP 5) Program;

2. Approve and authorize the City Manager, or designee, to enter into a Standard Agreement for HHAP 5 funds with all its exhibits or other necessary documents consistent with the motion; and authorize the City Manager to approve consultant contracts that exceed the Stockton Municipal Code Section 3.68.060 spending limits to carry out application planning and administrative portions of the grant where necessary;

3. Approve findings pursuant to Stockton Municipal Code Section

3.68.070 that support an exception to the competitive bidding process; 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:

Economic Development

12.4 23-1060 APPROVE MOTION TO EXECUTE A ONE (1) YEAR STANDARD

4 December 12, 2023City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

AGREEMENT BETWEEN PROFORCE LAW ENFORCEMENT
(PROFORCE) AND THE CITY OF STOCKTON (CITY) FOR THE

GLOCK FIREARMS AND RED DOT OPTICS IN AN AMOUNT NOT TO
EXCEED $184,826 (PUR 24-012)
Recommended Action:

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

1. Authorize the City Manager to execute a one-time purchase from ProForce, in an amount not to exceed $184,826;

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

Department:

Police
Attachment A - ProForce Law Enforcement AgreementAttachments:

12.5 23-1062 ADOPT RESOLUTION TO AUTHORIZE THE SWENSON PARK GOLF

COURSE FENCE REPLACEMENT PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve Notice of Exemption No. NOE60-23 under the California Environmental Quality Act for the Swenson Park Golf Course Fence Replacement, Project No. WB24033.

2. Approve reallocation of Council Discretionary Funding, in the amount of $25,000, from the Pixie Woods Suspension Bridge Replacement, Project No. WP22039, to the Swenson Park Golf Course Fence Replacement, Project No. WB24033.

3. Award a Construction Contract, in the amount of $230,720, to Arrow Fence Company of Rocklin, CA, for the Swenson Park Golf Course Fence Replacement, Project No. WB24033.

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 - NOE60-23
Exhibit 2 - Construction Contract
Attachments:

13. ADMINISTRATIVE MATTERS

5 December 12, 2023City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

14. UNFINISHED BUSINESS

15. NEW BUSINESS

15.1 23-1144

STOCKTON POLICE DEPARTMENT TRAFFIC SAFETY UPDATE
Recommended Action: RECOMMENDATION
This is an informational item only. No action to be taken.

Department: Police
PPT - 15.1 - Traffic Safety UpdateAttachments:

15.2 23-0890 ADOPT RESOLUTION TO AUTHORIZE TRANSFER AND

APPROPRIATION OF FUNDS FOR THE CALIFORNIA STREET ROAD

DIET PROJECT
Recommended Action:

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

1. Transfer funds totaling $846,305 from various projects to the California Street Road Diet, Project No. WT18005/Federal Project No.

ATPSB1L-5008(194).
a. $20,800 from the High Friction Surface Treatment, Project No.

WT16022.
b. $125,005 from the Bicycle Master Plan Program, Project No.

WT17003.
c. $260,000 from the Rule 20A Street Lighting Program, Project No.

WT15021.
d. $244,500 from the Traffic Signal Modification Program, Project No.

WT15029.
e. $196,000 from the California and Vine Rectangular Rapid Flashing Beacon Improvements, Project No. WT21018.

2. Appropriate funds in the amount of $549,695 from the Public Facility Fee Air Quality Fund Balance to the California Street Road Diet, Project No. WT18005/Federal Project No. ATPSB1L-5008(194).

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
PPT - 15.2 - California Street Road Diet
Attachments:

6 December 12, 2023City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

15.3 23-1106

APPROVE MOTION TO AUTHORIZE PROFESSIONAL SERVICES
CONTRACT AMENDMENT NO. 7, EXECUTE AMENDMENT NO. 2,
AND AUTHORIZE CONTRACT CHANGE ORDER NO. 7 FOR THE

NEW CITY HALL RENOVATIONS AND RELOCATION PROJECT
Recommended Action:

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

1. Authorize the City Manager to execute Professional Services Contract Amendment No. 7 in the amount of $820,000 with Indigo | Hammond + Playle Architects, LLP, for design support during construction for the New City Hall Renovations and Relocation, Project No. E016015.

2. Authorize the City Manager to execute Amendment No. 2 to the Professional Services Contract with Griffin Structures, Inc., in the amount of $288,464, for construction management services for the New City Hall Renovations and Relocation, Project No. E016015.

3. Authorize the City Manager to execute Contract Change Order No. 7 in the amount of $93,261.41 with Roebbelen Contracting, Inc. for construction of the New City Hall Renovations and Relocation, Project No. E016015.

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 - Amendment No. 7
Attachment C - Amendment No. 2
Attachment D - CCO No. 7
PPT - 15.3 - New City Hall Renovations and Relocation
Attachments:

16. HEARINGS**

16.1 23-0659 ADOPT A RESOLUTION APPROVING THE SAN JOAQUIN COUNTY

MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE
PLAN 2024 DEVELOPMENT FEE SCHEDULE
Recommended Action:

RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan 2024 development fee schedule.

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

Department:

Community Development

7 December 12, 2023City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Attachment A - SJMSCP Staff Report
Attachment B - Habitat Fee Areas
Attachment C - Regional Preserve Areas
Proposed Resolution
PPT - 16.1 - SJC Habitat Fees
Attachments:

16.2 23-1169 CONTINUED ADOPTION OF AN ORDINANCE AMENDING TITLE 16

OF THE STOCKTON MUNICIPAL CODE TO ESTABLISH NEW

LOGISTIC WAREHOUSE STANDARDS
Recommended Action:

RECOMMENDATION
It is recommended that the City Council:

1. Find the proposed ordinance is exempt pursuant to the California Environmental Quality Act (CEQA) Section 15061(b)(3) (Common Sense Exemption), and that no future environmental review is required for proposed code amendments pursuant to CEQA Section 15183 (Consistency with General Plan and Community Plan); and

2. Adopt an Ordinance Amending Title 16 (Development Code) of the Stockton Municipal Code (SMC) Chapter 16.80 (Standards for Specific Land Uses) to add a new Section 16.80.390 (Logistic Warehouse), including one of the Options below:

Option A - Standards that reflect Memorandum of Agreement with the State of California Attorney General; or
Option B - Standards that reflect the Memorandum of Agreement with adjustments consistent with the Agreement requirements; or Option C - Standards that reflect industry recommendations.

Department:

Community Development
Attachment A - CA Attorney General Approved Agreement
Attachment B - Sierra Club Approved Agreement
Attachment C - Outreach and Comment Summary
Attachment D - Proposed Ordinance (Option A)
Attachment E - Proposed Ordinance (Option B)
Attachment F - Proposed Ordinance (Option C)
Attachment G - Ordinance Option Comparison Table
Attachment H - Option B Feasibility Analysis
Attachment I - Option C Feasibility Analysis
Attachment J - Approved PC Resolution
Attachment K - Public Comment
PPT - 16.2 - Amending SMC Title 16 - Warehouse Standards Attachments:

8 December 12, 2023City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

INFORMATIONAL ITEMS

1. 23-0991

CITY OF STOCKTON BOARDS AND COMMISSIONS LOCAL
APPOINTMENT LIST FOR CALENDAR YEAR 2024
Recommended Action: This notice is given in compliance with the requirements of the Maddy Act, California Government Code Section 54970 et. seq.

This item is information only; no action required.

Department:

City Clerk
2024 Local Appointment List - Maddy Act.pdfAttachments:

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 December 7, 2023, in compliance with the Brown Act.

Eliza R. Garza, CMC
City Clerk
By: ________________________________

Deputy

9 December 12, 2023City Council/Successor Agency to
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 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

10 December 12, 2023City Council/Successor Agency to
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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.

11 City of Stockton
Legislation Text
File #: 23-0860, Version: 1
AUTHORIZE AN AGREEMENT WITH BMO BANK N.A. (FORMERLY BANK OF THE WEST) FOR

UTILITY BILLING REMITTANCE PROCESSING SERVICES (LOCKBOX SERVICES)

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

1. Authorize the City Manager to execute an agreement with BMO Bank N.A. (formerly Bank of the West) (“Bank”) to provide utility billing remittance processing services (also known as lockbox services) through June 30, 2027, in the amount of $64,500 per year.

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

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

Summary
On February 2, 2017, a Request for Proposal (RFP) for lockbox services was released and the contract was awarded to Bank of the West as the most responsive bidder. Council approved of a 5- year agreement with Bank of the West (Attachment A) at its May 9, 2017, meeting. That agreement expired on June 30, 2023. Staff recommends executing a new agreement with Bank through June 30, 2027 (Attachment B), as the new agreement’s term will coincide with a separate 10-year agreement the City has with Bank. The annual cost of the lockbox services contract is $64,500.

However, the City has never paid the fee, as our total aggregate balance with the bank offsets the annual cost. The services provided by Bank have added technological advances and significant efficiencies to the City’s current utility payment processing.

DISCUSSION
Background
The City of Stockton receives approximately 24,000 utility bill payments each month. To efficiently process these payments and enable the City to receive the funds promptly, the City requires an automated, full-service lockbox system. The lockbox system must have the capability to receive and process mailed remittances, deposit funds into a City account daily, send a daily electronic file of payment information, provide an online platform to view reports, and provide an electronic image of agreed-upon documents.

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On February 2, 2017, an RFP for lockbox services was released. The RFP process ensured a fair and competitive procurement of cost-effective lockbox services. The City specified that the successful firm would provide high-quality services and support continued technological enhancements to further improve the City’s operations.

The City received ten responses from prospective firms and invited the four most qualified firms to be interviewed. Interview rankings were based on each respondent’s demonstrated breadth of service, experience, overall presentation, and pricing.

The review panel unanimously determined that Bank of the West was the best fit to provide lockbox services for the City of Stockton. Some key deciding factors found in the Bank of the West’s proposal include:

1. Local Presence: Bank of the West has five banking locations within the City of Stockton. Its main branch is located close to City Hall at 540 N. El Dorado Street. Lockbox payments will be received and processed by Bank of the West in California. Customer payments will no longer be received out of state.

2. Fixed Pricing and Transition offer: Bank of the West agreed to offer fixed pricing for the life of the contract and agreed to waive its fees for the first six months.

3. Online platform: Bank of West offers a strong online platform to meet all the City’s current lockbox needs and provide efficiencies to City operations, such as; reporting, secure transmittal of payments, dual custody for transfers, reviewing rejected items, online decision of rejected items, viewing other exceptions, uploading files, self-administration, end user management, and security.

4. Implementation: Bank of the West will complete implementation within a 40-day to 60-day timeframe.

5. Termination: While the term of the contract is for an extended period, the City can terminate the agreement at any time through written notice.

In May 2017, the City entered a 5-year agreement with Bank to provide lockbox services. The agreement’s term ran through June 30, 2023. Bank continues to provide these necessary services without a contract in place.

Present Situation
On May 9, 2017, Council approved of a 5-year contract with Bank at an annual cost of $64,500. The agreement’s term ran through June 30, 2023. Staff recommends Council approve this new agreement with Bank through June 30, 2027.

Findings
Stockton Municipal Code section 3.68.070(A) provides an exception to the competitive bidding requirements for purchases exceeding $100,000 when the City Council approves findings that support and justify the exception.

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Findings to support this agreement include:

1. Bank was selected through a competitive RFP process for a 5-year agreement which recently expired. The agreement proposed here contains the same terms, conditions, and price as the previously negotiated agreement.

2. Bank has provided services to the City and is familiar with the City’s specific needs. There is an added benefit to having our aggregate balance with Bank compensating the annual cost of the service.

3. It is in the City’s best interest to maintain Bank lockbox services to ensure continued same-day processing of payments.

FINANCIAL SUMMARY
Based on estimated transaction volume, the average annual contract cost is $64,500 for services which for four years is a not to exceed total of $258,000. It is possible that some or all contract costs may be offset by an earnings credit provided by the bank based upon the average monthly balance maintained by the City. Staff will work with Bank to maximize earnings credits while considering the City’s cash needs.

The lockbox fees are charged to the Municipal Utilities Wastewater, Water and Stormwater Utility Funds.

Attachment A - 2017 Professional Services Agreement with Bank of the West Attachment B - Professional Services Agreement with BMOCity of Stockton Printed on 12/7/2023Page 3 of 3 powered by Legistar™
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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
12/5/2023

ATTACHMENT B
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1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives
To obtain utility billing remittance processing services (Lockbox Services).

2. Project Scope
The scope of services being requested includes but is not limited to the services listed below. The City of Stockton strongly encourages all institutions to propose new technological and other advancements to make current processes better for the city.

1. The Contractor shall use a web-based system to access lockbox deposits, check/stub(s) remittance advice and correspondence images which can be viewed online and printed via the browser. Contractor shall provide the City with online access to images of everything received by the lockbox.

2. The Contractor shall provide online and paper reporting, including the ability to download details and a summary of transactions with customer name, account number and payment amounts.

3. The Contractor shall provide a description of the following key items:
a) Time and frequency of pickups
b) Turn-around processing time
c) Deposit deadlines
d) Acceptance and rejection criteria for payments
e) Location of post office box & lockbox office
f) Treatment of exception items
g) Ability to handle payments containing multiple remittance advices h) Bonding requirement of lockbox personnel and others
i) Ability to accommodate a substantial increase in transaction volume

4. Describe how inquiries requiring research and adjustments are handled by the institution. Are there established turn-around times for research and adjustment items? Please specify.

5. The Contractor shall provide security/protection measures: what security features are in place to minimize the risk of unauthorized transactions.

6. The Contractor shall provide information on how your institution plans to keep your product line competitive.

7. The Contractor shall have Disaster Recovery:
a) Must have a formal disaster recovery plan.

ATTACHMENT B
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2 (Rev. 10.30.18)
b) The Contractor must have a quick back-up facilities activation. c) The Contractor must have operating capabilities to assist the City in the event of a disaster or declared emergency.

8. The Contractor must have list the address and hours of operation of primary assigned lockbox office.

9. The Contractor must discuss any special conditions, other fees, other services, or deviations from the requested scope.

10. The Contractor must have Service Enhancements: Describe any enhancements, technological or otherwise, that the City should consider to improve operational or cash management efficiencies.

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

Contractor: Daniel Campbell, Director City: City of Stockton Attn: City Manager
425 N. El Dorado Street
Government Banking
Institutional Markets
4400 MacArthur Blvd, Suite
600 Newport Beach, CA 92660
Stockton, CA 95202

4. Key Personnel
Senior Government Relationship Manager, Director- Daniel Campbell, [email protected] 916.213.0880

ATTACHMENT B
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REV 2022-05-17
Exhibit B:

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

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

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

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

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

4. Professional Liability/Errors and Omissions Insurance appropriate to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

5. Crime/Fidelity Bond - Insurance no less than $1,000,000 per occurrence, covering all officers and employees, for loss of proceeds caused by dishonesty.

If the 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.

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

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

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

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

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

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

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

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

Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the

ATTACHMENT B
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Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

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

ATTACHMENT B
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REV 2022-05-17
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202

ATTACHMENT B
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(Rev. 10.30.18; Mod 05.08.23 RM)

EXHIBIT C

GENERAL

TERMS AND CONDITIONS

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

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

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

3.1 Inv
oices 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 c
ompletion 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 sh all 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 B
170
(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 deliver y to the City, the Contractor shall replace them at its own expense.

Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contrac tor to comply with the time limit s 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 B
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(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. Con tractor 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, super vision 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 B
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(Rev. 10.30.18; Mod 05.08.23 RM)

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

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

12. Non-Assignability. The Contractor s hall 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 m ay 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. Duri
ng 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 L
aws. 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 B
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(Rev. 10.30.18; Mod 05.08.23 RM)

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

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

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

20. Conflicts of Interest . Contractor covenants that other than this Agr eement, 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 m anner of degree by the performance of Contractor ’s services under this Ag reement. 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 Cit y or for any amount due Contractor.
5 ATTACHMENT B
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24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, 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. Neithe r 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 for ce 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 B
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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorn eys or the opportunity to seek such advice.

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

31. Entire Agreement, Integration, and Modification.

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

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

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

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

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

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

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

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

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

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

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

3. Time for Performance.

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

3.2 Timeliness of Performance i) Contractor shall provide the S ervices, 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 B
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losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

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

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

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 fo r 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 t axes incurred as a resul t 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 p ersonnel without the written consent of the City, which consent the City wi ll not unreasonably withhold. "key p ersonnel" 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 term s of this Agreement. A list of k ey personnel is found in Exhibit A, Scope of Services.

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

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

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

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

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

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

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EXHIBIT E

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

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $ 258,000 (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.

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 C ity’s travel policy, which is incorporated herein by reference.

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

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

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

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

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

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

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Average Stnd Fee Monthly
SERVICE DESCRIPTION Volume Per Unit Total

GENERAL ACCOUNT SERVICES
DDA Maintenance 1 7.000 7.00 $
Credit Posted - Paper 26 0.800 20.80 $
Debit Posted - Electric 33 0.080 2.64 $
Debit Posted - Paper 1 0.100 0.10 $
Deposit Assessment 1,905 0.100 190.50 $

DEPOSITORY SERVICES
Rejects - 0.440 - $
Returns 21 2.250 47.25 $
Paper - Transit 8,984 - - $
Paper - Transit - Select 11,711 - - $

RETAIL LOCKBOX SERVICES
RLbx Items - Automatic 14,097 0.110 1,550.67 $
RLbx Items - Exceptions 1,275 0.300 382.50 $
RLbx Items - Manual 8,378 0.150 1,256.70 $
RLbx Online Archive - Items 23,626 See Below - $
RLbx Online Archive - User Access 7 - - $

WHOLESALE LOCKBOX SERVICES
Lockbox Monthly Maintenance 1 220.000 220.00 $

WIRE TRANSFER SERVICES
Wire Notification - Paper 20 2.000 40.00 $
Wire - Outgoing - Phone 1 12.000 12.00 $
Wire - Outgoing - Standing 20 6.000 120.00 $
Total 3,850.16 $

OTHER SERVICE FEES NOT LISTED ABOVE
Service Description Volume Pricing Fees
P.O. BOX RENTAL/SORTING 1 100.000 100.00 $
DDA ACCT MAINT 1 5.500 5.50 $
OCR MULTI ITEMS 0.140 - $
RETAIL CHECK ONLY PROCESSING 0.360 - $
OCR REJECT > 3% 0.300 - $
OCR REJECT > 10% 0.480 - $
WEB EXCEPTIONS BASE FEE 1 160.000 160.00 $
WEB EXCEPTIONS PER ITEM 0.450 - $
WEB EXCEPTIONS HOLDOVER BATCH 15.000 - $
E-MASTER BASE FEE 210.000 - $
E-MASTER PER ITEM 0.550 - $
RETAIL PHOTOCOPIES 0.050 - $
IRREGULAR CORRESPONDENCE 0.400 - $
BASE FEE TRANSMISSION 1 100.000 100.00 $

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TRANSMISSION PER ITEM 23,626 0.006 141.76 $
DATA CAPTURE PER CHARACTER 0.010 - $
IMAGE TRANSMISSION / PER IMAGE 0.050 - $
REPORT TRANSMISSION 200.000 - $
BASE FEE IMAGING 1 385.000 385.00 $
CHECK IMAGE CAPTURE 23,626 0.006 141.76 $
DOCUMENT IMAGE CAPTURE 23,626 0.006 141.76 $
CD-ROM 12.000 - $
ICL DATA & IMAGE CAPTURE 23,626 0.006 141.76 $
DAILY PACKAGE PREP 21 1.250 26.25 $
POSTAGE - 1ST CLASS 0.120 - $
SPECIAL REPORTS 150.000 - $
PAPER RETURN BASE FEE 75.000 - $
PHOTOCOPY REQUEST 6.250 - $
AGED RESEARCH 13.000 - $
CASH RECEIVED 6.000 - $
EXPRESS MAIL PROCESSING 1.500 - $
FOREIGN ITEM COLLECTION 6.750 - $
DAILY DEPOSIT FAX/E-MAIL 130.000 - $
DOCUMENT RETENTION 0.030 - $
CLOSED BOX FEE >45 Day Notice 300.000 - $
CLOSED BOX FEE <45 Day Notice 450.000 - $
Current & Previous Day Information Reporting
Setup & Training No Charge - $
Prev Day Monthly Maintenance - 1st Account 1 25.000 25.00 $ Prev Day Monthly Maintenance - 2-10 Accounts 8.000 - $ Summary Balance Reported Items 1-1,000 120 0.080 9.60 $ Summary Balance Reported Items 1,001 - 5,000 0.060 - $ Detail Items - 1- 1,000 102 0.080 8.16 $
Detail Items - 1,001 - + 0.060 - $
Curr Day Monthly Maintenance - 1st Account 25.000 - $
Curr Day Monthly Maintenance - 2-10 Accounts 8.000 - $ Summary Balance Reported Items 1-1,000 0.080 - $
Summary Balance Reported Items 1,001 + 0.060 - $
Detail Items - 1- 1,000 0.080 - $
Detail Items - 1,001 + 0.060 - $
Extended Storage - 180 Days 18.000 - $
Extended Storage - 1 Year 50.000 - $
Special Reports - Analysis Statement 1 0.350 0.35 $
Special Reports - Deposit Statement 1 0.350 0.35 $
Returned Deposited Items 2.250 - $
Reclear Items 1.000 - $
Total 1,387.23 $
Grand Total 5,237.39 $

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5 (Rev. 10.30.18)

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 Role on Project
Hourly
Billable
Rates
N/A $

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

Title Unit Price
N/A $

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

City of Stockton Administrative Services Department
Attention: Program Manager/Office Specialist
425 N. El Dorado Street
Stockton, CA 95202

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EXHIBIT F

TIMELINE
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Exhibit G
Special Funding Terms and Conditions

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City of Stockton
Legislation Text
File #: 23-1108, Version: 1
ADOPT A RESOLUTION TO ACCEPT A ROUND 1 ADAPTATION PLANNING GRANT PROGRAM AWARD IN THE AMOUNT OF $650,000

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

1. Authorize the City Manager to execute a grant agreement in the amount of $650,000 with the California Governor’s Office of Planning and Research (OPR), and;

2. Authorize the City Manager to appropriate grant revenues and expenditures in the amount of $650,000, and;

3. Authorize the City Manager to execute and manage sub-agreements with co-applicants in amounts consistent with the Grant Agreement.

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

Summary
The Adaptation Planning Grant Program (APGP) Round 1, administered by the California Governor’s Office of Planning and Research (OPR), funds integrated climate planning activities to build climate adaptation and resilience through planning, research and capacity building, restoration, and sustainable infrastructure. The APGP Grant Round 1 will provide funding needed to update the City of Stockton’s Climate Action Plan (CAP) which was initially developed in 2008 and implemented from 2014-2020. Staff is requesting City Council’s authorization to execute a grant agreement with the Office of Planning and Research in the amount of $650,000 to fund the development of a new Climate Action & Adaptation Plan.

DISCUSSION
Background
In 2008, the City of Stockton entered into a Memorandum of Agreement ("Agreement") with the California Attorney General's Office and the Sierra Club to address potential impacts of the 2035 General Plan adopted in 2007. After years of outreach, the City Council adopted the Stockton Climate Action Plan (CAP) in 2014. The CAP outlines public and private efforts to reduce Greenhouse Gas (GHG) emissions of the 2005 baseline year by 15% by 2020. The City of Stockton has implemented all phases of the 2014 CAP plan with Phase 3 actions completed in 2020.

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Since the CAP's adoption, there have been numerous changes to State Law to reduce GHG emissions statewide and new "green" markets that emphasize energy efficiency and sustainable resources. In 2018, the 2040 General Plan was adopted, which satisfied the original Settlement Agreement's terms on climate change. While the new General Plan did not result in litigation like the 2007 plan, the 2040 General Plan does include direction to Update the City's Climate Action Plan.

The 2014 CAP has not been updated to reflect current legislation or State GHG reduction goals. As a result, new development projects reviewing potential GHG impacts cannot rely on CAP reduction measures to reduce emissions consistent with current State requirements. This results in project- specific analysis to avoid potential litigation on climate impacts from new development projects that are reviewed under the California Environmental Quality Act (CEQA). Furthermore, the 2040 General Plan specifically calls for a “New or updated implementation plan for the CAP” (Action CH-5.1B). The need for a new CAP is clear, and is already an objective of the City.

Present Situation
The mission of the APGP is to foster an integrated response to the impacts of climate change across California. The APGP Round 1 is also intended to support the development of climate resilient projects and prepare communities for future funding opportunities in programs that align with the APGP’s objectives. For these reasons, staff pursued the APGP grant opportunity to fund a new Climate Action & Adaptation Plan.

The City of Stockton was awarded a Round 1 APGP Grant on June 8 th, 2023. This was a highly
competitive grant, with 141 cities declaring intent to apply for APGP Round 1, yielding approximately $63 million worth of applications. Only $8 million was available for grant awards, and the City of Stockton was awarded the maximum amount of $650,000. Staff anticipate this amount will cover the full cost of developing a new Climate Action & Adaptation Plan.

The City’s proposed use for the grant funds include contracting with a firm that specializes in the development of Climate Action Plans, as well as supporting contracts with local non-profit partners to assist with robust community engagement efforts. These community engagement efforts will include direct mail campaigns to residents, town hall style meetings to present findings and solicit feedback from the community, workshops with key stakeholders to focus on critical issues (e.g., EV charging), and surveys to capture broad feedback on communitywide environmental priorities. The City will use a small portion of the grant (10-15%) to offset the cost of administering the grant, which includes overall project management, invoicing, progress reporting, and participating in all community engagement efforts. The new Climate Action & Adaptation Plan is scheduled to be completed and presented to City Council by October 31, 2025.

Additionally, Current State Law, General Plans: SB 379 (Jackson, 2015), which amended Government Code (GC) Section 65302(g)(4), requires that local governments address climate change adaptation and resilience in the safety element of all general plans in California.

The development of a new Climate Action & Adaptation Plan for post 2020 will identify new strategies to improve public health and evaluate the effectiveness of past actions to evolve future for:

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· Garbage Truck Operations
· Organic Waste Processing
· Wastewater Treatment
· Upgraded Regional Wastewater Control Facility
· Installation of Solar Lights
· Economic Development
The new Climate Action & Adaptation Plan is intended to organize efforts in the improvement of public health, environmental efficiency, air quality and lessen the impact of commercial and residential operations through environmental planning activities and measures which will examine GHG reduction progress and respond to current climate impacts.

FINANCIAL SUMMARY
There is no direct impact on the General Fund as a result of updating the CAP. All related costs will be supported by grant funding. The City of Stockton and its Partners will pay for project related expenses in full and then submit documentation for reimbursement through this grant. The City of Stockton will subsequently apply for grant funding for the succeeding rounds of the APGP as well as other funding opportunities in programs that align with the targeted objectives. As the CAP is finalized and strategies approach implementation and require city council action, these strategies will be reviewed for their potential fiscal impacts to the City.

To establish the program and grant funding, an appropriation of revenue and expenditures of $650,000 is necessary in the City Manager’s Special Grants Fund - Reimbursement, General Administration Division.

Attachment A - OPR APGP Round 1 Grant Agreement
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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit A: Scope of Work
Exhibit A: SCOPE OF WORK ________________________________ ________________________________ _ 2

1. Purpose of the Agreement _____________________________________________________________________ 2

2. The Project is Defined by the Application and Award Letter ______________________________________ 2

3. Grant Term ____________________________________________________________________________________ 3

4. Authorized Signatories __________________________________________________________________________ 3

5. Party Representatives __________________________________________________________________________ 3

6. Grantee Responsibilities ________________________________________________________________________ 4

7. Document Submission __________________________________________________________________________ 4

8. Reporting Requirements ________________________________________________________________________ 5 Exhibit B: Budget Detail and Payment Provisions ________________________________ _____________ 6

1. Fiscal Administration and Payment _____________________________________________________________ 6

2. How to Submit Invoices_________________________________________________________________________ 6

3. Invoice Dispute ________________________________________________________________________________ 7

4. Budget Contingency Clause ___________________________________________________________________ 7

5. Cost Principles _________________________________________________________________________________ 7

6. Travel Reimbursement __________________________________________________________________________ 7

7. Work Plan and Budget Modifications ___________________________________________________________ 8

8. Amendments __________________________________________________________________________________ 8 Exhibit C, General Terms and Conditions ________________________________ ___________________ 10

1. Approval _____________________________________________________________________________________ 10

2. Amendment __________________________________________________________________________________ 10

3. Assignment ___________________________________________________________________________________ 10

4. Records Retention ____________________________________________________________________________ 10

5. Audit and Accounting ________________________________________________________________________ 10

6. Indemnification _______________________________________________________________________________ 11

7. Disputes ______________________________________________________________________________________ 11

8. Independent Grantee ________________________________________________________________________ 11

9. Non-Discrimination Clause_____________________________________________________________________ 11

10. Timeliness _____________________________________________________________________________________ 12

11. Governing Law _______________________________________________________________________________ 12

12. Unenforceable Provision ______________________________________________________________________ 12 Exhibit D, Special Terms and Conditions ________________________________ ____________________ 13

1. Compliance with Laws and Regulations _______________________________________________________ 13

2. Subcontractors and Partners __________________________________________________________________ 13

3. No Third-Party Beneficiaries ____________________________________________________________________ 13

4. Project Monitoring and Oversight ______________________________________________________________ 13

5. Dispute Resolution ____________________________________________________________________________ 14

6. Termination ___________________________________________________________________________________ 15

7. Waiver of Rights _______________________________________________________________________________ 15

8. Insurance Requirements _______________________________________________________________________ 15

9. Stop Work ____________________________________________________________________________________ 16 191
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit A: Scope of Work

10. Remedies of Nonperformance ________________________________________________________________ 16

11. Publicity ______________________________________________________________________________________ 17

12. Drug-Free Workplace Certification _____________________________________________________________ 18

13. Americans with Disabilities Act _________________________________________________________________ 19

14. Air/Water Pollution Violation Certification ______________________________________________________ 19

15. Payee Data Record Form - STD 204 ____________________________________________________________ 19 Exhibit E, APGP Guidelines ________________________________ ________________________________ 20 Exhibit F, Award Letter ________________________________ ________________________________ ____ 21 Exhibit G, Grant Application________________________________ _______________________________ 22 Exhibit H, APGP Communications Kit ________________________________ _______________________ 23 Attachment 1: Authorized Signatory Form ________________________________ __________________ 32 Attachment 2: Work Plan ________________________________ ________________________________ _ 33 Attachment 3: Final Report ________________________________ _______________________________ 39 Attachment 4, Budget Detail Worksheet ________________________________ ___________________ 41 Attachment 5, Invoice ________________________________ ________________________________ ____ 43 Attachment 6, Invoice Dispute Notification ________________________________ ________________ 46

Exhibit A: SCOPE OF WORK

1. Purpose of the Agreement
The purpose of this agreement, which includes Standard Agreement form 213 (STD 213), and all exhibits and attachments (collectively referred to as “Grant Agreement”) is to memorialize the terms and conditions related to the Office of Planning and Research’s (OPR) award of grant funds to [GRANTEE NAME] (“the Grantee”).

This Grant Agreement is authorized by the State’s 2021-2022 Budget (Senate Bill (SB) 170 (Skinner, Chapter 240, Statutes of 2021), which appropriated funding for the Adaptation Planning Grant Program (APGP). The APGP provides funding in the form of Planning Grants to help fill planning needs, provide communities the resources to identify climate resilience priorities, and ultimately support the development of climate resilient projects across the state. The Planning Grants are intended to prepare communities for future funding opportunities in programs that align with the APGP’s objectives.

The APGP is administered by OPR. The Grant Agreement will be executed between the Grantee and the OPR, which collectively are referred to as “Parties.” “Co- applicants” identified in the APGP Application are referred to as “Partners” in this Agreement but are not parties to it. (See Exhibit A, Section 6G) for requirements regarding partnership agreements for Grantees and Partners.)

2. The Project is Defined by the Application and Award Letter OPR released the final APGP Guidelines for this Grant Agreement on January 6, 2023 (hereafter, “the Grant Guidelines” or “the Guidelines”) (Exhibit E). In accordance with the Guidelines, Grantee submitted its application (“Application”) (Exhibit G) and on March 31, 2023. OPR awarded a grant to fund the project described in the 192
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit A: Scope of Work
Application, subject to any conditions contained within the Award Letter (Exhibit F).

This project, described in the Application and Award Letter, will be referred to as the “Project” throughout this Grant Agreement.

The Guidelines, the Application, and the Award Letter are hereby incorporated into this Agreement.

3. Grant Term
The term of this Grant Agreement will commence on the date that all parties have signed the Grant Agreement on page one of the Standard Agreement (STD 213) and will conclude upon completion of the Project and payment of the last invoice, unless otherwise terminated pursuant to this Agreement (hereafter referred to as “Grant Term”).

All work outlined in the Project must be completed within thirty months of executing the Grant Agreement.

All grant funds must be expended by January 31, 2026.

4. Authorized Signatories
The OPR Director or designee is authorized to sign this Grant Agreement and related documents on behalf of the OPR.

Grantee’s Authorized Signatory or designee is authorized to sign this Grant Agreement and grant-related documents as shown in the Authorized Signatory Form (Attachment 1).

Grantee must keep Authorized Signatory Forms up to date. Within seven (7) working days of any change to the authorized signatory or to the delegated authorized signatory, Grantee shall notify OPR in writing of the change. The written notice shall be sent as an electronic mail (email) attachment to be filed with the Grant Agreement.

5. Party Representatives
The Party Representatives are the primary contacts for the OPR and Grantee. The Party Representatives during the Grant Term are:

OPR
Name Title Phone Number Email
Abby Edwards Manager (916) 748-0597 [email protected] Brandon Harrell Senior
Planner

[email protected]
ov

Grantee
Name Title Phone
Number
Email
Grant Kirkpatrick Program
Manager III
(209) 937-8452 [email protected]
193
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit A: Scope of Work
Courtney Christy Deputy City
Manager
(209) 937-5576 [email protected]

OPR and Grantee must keep the Party Representative(s) up to date. Any changes to the Party Representatives by either Grantee or OPR shall be made by providing notice within seven (7) working days of the change to the other party.

The written notice shall be sent as an electronic mail (email) attachment to be filed with the Grant Agreement.

6. Grantee Responsibilities
OPR will notify the Grantee when work may proceed. Grantee is responsible for:

A. Using grant funds only as set forth in the Project and within the specified timelines set forth in this Grant Agreement.

B. Completing work on time and within budget. This includes meeting all milestones and deliverables, as described in and in accordance with the Work Plan (Attachment 2), unless otherwise agreed to by all parties through the amendment process described in Exhibit B, Section 8.

C. Submitting invoices for reimbursement pursuant to Exhibit B, Section 2 and using the Invoice template (Attachment 5).

D. Meeting all reporting requirements as set forth in Exhibit A, Section 8.

E. Complying with all applicable statutes, rules, and regulations.

F. Maintaining an accounting system that accurately reflects all fiscal transactions and provides accounting information, retaining all records and required documents as specified in Exhibit C, Section 4, and providing all required documents during an audit, as specified in Exhibit C, Section 5.

G. Entering into a partnership agreement with Co-Applicant(s), if any, and ensuring that the agreement is maintained throughout the Grant Term. The partnership agreement must: 1) outline the respective obligations of the Grantee and its Partners throughout the Grant Term to implement the Project, 2) include commitments from the Grantee and the Partners that they will implement their respective obligations, 3) require co-applicants to provide copies of all documentation of actions taken related to the Project to the Lead Applicant for retention in compliance with the requirements specified in Exhibit C, Sections 4 and 5, and 4) include information about how the partners will make decisions and resolve disputes.

H. Any other obligations set forth in this Grant Agreement.

7. Document Submission
A. Electronic Mail
When this Grant Agreement requires Grantee to give invoices, reports, or other documents to the OPR, Grantee must use the OPR-provided online submission platform, once available, OPR will notify Grantee once the submission platform is available. Until the submission platform is available, Grantee must email the documents and all emails must contain the Grant Agreement number and Grantee’s name in the subject line.
194
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit A: Scope of Work

8. Reporting Requirements

During the Grant Term, Grantee will be required to participate in regular check-in meetings with OPR’s APGP staff and submit progress reports.

A. Check-Ins
i. Grantee must participate in regular check-in meetings with APGP staff and report on project progress toward meeting High Level Activities identified in the Work Plan along with any Performance Metrics and Timeliness related to that progress. The Grantee’s check-in meeting schedule will align with the invoicing frequency set forth in Exhibit B, Section 2. The Grantee must participate in no fewer than two check-in meetings per year.

B. Progress Reports
i. Grantee will submit progress reports to accompany all invoices submitted pursuant to Exhibit B, Section 2. The progress reports must contain documentation of the work performed and should discuss how that work relates to specific deliverables outlined in the Work Plan (Attachment 2) and the Budget Detail Worksheet (Attachment 4). Grantees may use the space in the “Progress Report” heading of the invoice template (Attachment 5) to submit their progress reports.
ii. Grantee will submit a mid-term progress report to OPR half-way through the Grant Term at a date to be included in the Work Plan (Attachment 2). The mid-term progress report will track the work completed during the first half of the Grant Term and should include the following information:
a. Outline of all activities taken pursuant to the Work Plan (Attachment 2) and the outcomes of each activity.
b. Meetings and actions taken by the Grantee.
c. An accounting of the expenditures made by the Grantee. d. Feedback on the implementation process for APGP program staff including barriers, challenges, and opportunities.
iii. When the Project is completed, Grantee must submit a Final Report. To complete and submit the Final Report:
e. Submit the Final Report with the last invoice. If Grantee does not submit the Final Report with the last invoice, then the last invoice will be considered incomplete and returned following the process specified in Exhibit D, Section 5A.
f. Use the Final Report Template, which is attached as Attachment 3. g. Sign the Final Report. Make sure the Final Report is signed by the person authorized to sign on the most current Authorized Signatory Form (Attachment 1).
h. Include details in the Final Report. Put enough detail in the Final Report to show that Grantee completed the Project and fulfilled the terms of the Grant Agreement and that both the last invoice and the five percent (5%) retention should be paid for completing the Project. 195
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit B, Budget Detail and Payment Provisions
Exhibit B: Budget Detail and Payment Provisions

1. Fiscal Administration and Payment
A. The Grantee is responsible for maintaining records that fully disclose its activities to implement the Project. Adequate documentation for each reimbursable transaction shall be maintained to permit the determination, through an audit if requested by the OPR, of the accuracy of the records and the eligibility of the expenditures charged to APGP grant funds. If the eligibility of the expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed.

B. To receive payments of grant funds, Grantee must submit to OPR the documentation listed in Exhibit B, Section 2. Advance payments are not permitted under this Grant Agreement.

C. Upon receipt and approval of an itemized invoice and required documentation, OPR agrees to reimburse Grantee for actual costs incurred for work performed, in accordance with the rates specified in the Budget Detail Worksheet (Attachment 4).

D. OPR will withhold five percent (5%) of each invoice, to be paid once all terms of the Grant Agreement have been satisfied.

E. Payment shall be made within forty-five (45) days of receipt and approval of an invoice. Failure to comply with requirements may result in non-payment or delayed payment.

F. For cost principles, see Exhibit B, Section 5.

2. How to Submit Invoices
A. Grantee must submit the invoices to the online submission platform, once available. OPR will notify Grantee once the submission platform is available.

B. Until the submission platform is available, Grantee must email the Invoice (PDF) to [email protected] and copy the Grant Manager identified by OPR in Exhibit A, Section 5 on the email as well. The email must include the Grant Agreement number and Grantee’s name in the subject line. Grantee shall submit invoices at least quarterly but no more frequently than monthly to the Grant Manager unless specified otherwise. A request for payment shall consist of:
i. The Invoice (Attachment 5) on official letterhead and signed by the Authorized Signatory or authorized designee specified in this Agreement (Exhibit A, Section 3), certifying the expenditures are for actual expenses for the tasks performed under this Grant Agreement.
ii. Each cost category and task must correspond to a cost category and task identified in the Budget Detail Worksheet (Attachment 4). iii. Supporting documentation for reimbursement of funds. Records documenting time spent performing the work shall identify the individual, the date on which the work was performed, the specific grant-related activities or objectives to which the individual’s time was devoted, the hourly rate, and the amount of time spent.
iv. The Progress Report as specified in Exhibit A, Section 8A. Grantees may use the Progress Report space included in the Invoice form (Attachment 5). The 196
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit B, Budget Detail and Payment Provisions
work documented in the progress report should refer to specific deliverables outlined in the Work Plan (Attachment 2) and the Budget Detail Worksheet (Attachment 4).

C. Supporting documentation (e.g., timesheets, activity logs, cancelled checks) for matching funds does not need to be submitted to OPR but should be retained by Grantee in the event of an audit (Exhibit C, Section 5).

D. At any time, OPR may request hard copies of invoices, reports, supporting documentation, and evidence of progress.

3. Invoice Dispute
In the event of an invoice dispute, see Exhibit D, Section 5.

4. Budget Contingency Clause
A. If the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall have no further force nor effect. In this event, OPR shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement, and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, OPR shall have the option to either cancel this Grant Agreement or offer an amendment to reflect the reduced amount. In the event that OPR cancels the Grant Agreement, OPR shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement, and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

5. Cost Principles
A. All costs to be reimbursed must be consistent with the Guidelines and the Project (Exhibit E).

B. All costs to be reimbursed must be reasonable.

C. Indirect costs exceeding twenty percent (20%) of the total grant award are not eligible for reimbursement, as defined in the Guidelines.

D. OPR will reimburse Grantee only for actual expenses incurred during the term of this Grant Agreement, as specified in the Budget Detail Worksheet (Attachment 4).

6. Travel Reimbursement
Travel expenses directly related to the performance of this Grant Agreement will be subject to the State of California travel reimbursement rates in effect during the Grant Term.

A. OPR will only reimburse for actual expenditures incurred for in-state travel with the exception of “incidentals” as specified in the Guidelines.

B. Grantee shall maintain, and submit upon request, detailed travel records and supporting documents (e.g., travel request and approval forms, expense claims, invoices, and receipts for lodging and transportation) showing the date and 197
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit B, Budget Detail and Payment Provisions
purpose of the grant-related travel, destination, and, in the case of travel by automobile, the number of miles driven.

C. Grantee shall ensure travel costs are included in the Budget Detail Worksheet (Attachment 4) and are tied to tasks and deliverables in the Work Plan (Attachment 2).

D. Grantee and any person traveling pursuant to this Grant Agreement indemnifies and holds harmless OPR and the State of California for any liabilities resulting from such travel.

7. Work Plan and Budget Modifications
A. Grantee must keep the Work Plan (Attachment 2) and Budget Detail Worksheet (Attachment 4) up to date as specified in this Section and Exhibit B, Section 8.

B. Changes of up to twenty percent (20%) of the cost of tasks outlined in the Budget Detail Worksheet(Attachment 4) shall be made by providing a written request to OPR before submission of the affected invoice and shall be effective upon written approval from the Grant Manager. Total costs cannot exceed the maximum grant fund amount set forth in this Agreement. Once effective, the change shall be deemed incorporated into the Grant Agreement.

C. Moderate changes to deliverable due dates and minor changes to subtask descriptions in the Work Plan (Attachment 2) shall be made by providing a written request to OPR before submission of the affected invoice and shall be effective upon written approval from the Grant Manager. Once effective, the change shall be deemed incorporated into the Grant Agreement.

D. Material changes to the Work and Budget shall follow the amendment process, specified in Exhibit B Section 8. Material changes include:
i. Cost changes of more than twenty percent (20%) between tasks in the Budget Detail Worksheet
ii. Elimination or alteration of tasks or deliverables
iii. Significant changes to deliverable due dates
iv. Change in Partners, see Exhibit A, Section 1
v. Other changes deemed material by the Grant Manager

8. Amendments
A. This section applies to all amendments to this Grant Agreement, except for the following:
i. Changes to the Authorized Signatory Form (Attachment 1). For changes to the Authorized Signatory Form see Exhibit A, Section 3. ii. Changes to Party Representatives as set forth in Exhibit A, Section 4. iii. Non-Material changes to the Work Plan and Budget Detail Worksheet as set forth in Exhibit B, Section 7.

B. For all other amendments, Grantee must request and obtain prior written approval before any amendment to this Grant Agreement is valid.

C. Request for amendments must:
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Exhibit B, Budget Detail and Payment Provisions
i. Be prepared, in writing, on official letterhead and signed by the Authorized Signatory or designee for Grantee.
ii. Be submitted to the Grant Manager at least two (2) months prior to when the amendment is needed.
iii. Include the Grant Agreement number, a detailed explanation of the proposed amendment, reason for the proposed amendment, and the effect of not approving the request.
iv. Include a copy of the document(s) requested for amendment that shows the requested changes.

D. The Grant Manager will make reasonable efforts to respond in writing within fifteen (15) working days from receipt of request to approve or deny the request for amendment, including the reason for the decision.

E. The Grant Manager will make reasonable efforts to process amendments within thirty (30) days of the approval date. The amendment will not be in effect until both Parties’ Authorized Signatories or designees have signed the Grant Agreement amendment.
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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit C, General Terms and Conditions
Exhibit C, General Terms and Conditions

1. Approval
This Grant Agreement is of no force or effect until signed by both Parties. Grantee may not commence performance until such approval has been obtained.

2. Amendment
No change to this Grant Agreement shall be valid unless made in accordance with Exhibit B, Section 7. No oral understanding or change not incorporated in this Grant Agreement is binding on any of the Parties.

3. Assignment
This Grant Agreement is not assignable by Grantee, either in whole or in part, without the consent of OPR in the form of an amendment.

4. Records Retention
A. Grantee shall establish an official file containing adequate documentation of all actions taken with respect to the Project, including copies of the Grant Agreement, changes, amendments, letters, email correspondence, invoices, financial records, and reports and other documentation for a minimum of four (4) years following the final payment of funds or until completion of any action and resolution of all issues which may arise as a result of an audit, whichever is later. Grantee further agrees to require co-applicants (see Exhibit A, Section 6G for partnership agreement requirements) and subcontractors to provide copies of all documentation of actions taken related to the Project to the Grantee for retention in compliance with this section.

B. Grantee shall adequately protect all records, physical and electronic, from loss, damage, or destruction during the four (4) year retention period.

5. Audit and Accounting
A. Grant funded projects are subject to audit by the State of California during the grant term and for up to four (4) years following the termination of the Grant Agreement. Grantee agrees that OPR, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Grant Agreement. The audit may consist of examining and auditing pertinent books, documents, papers, and records including financial transactions and supporting documents, general accounting systems, internal controls, management practices, policies, and procedures pertaining to the performance of this Grant Agreement. Grantee shall be given advance notice when the grant-funded Project is selected for an audit or review by OPR, the Department of Finance, the Bureau of State Audits, or their designated representative(s). Grantee agrees to allow the auditor(s) access to such records during normal business hours, excluding State of California holidays, and to allow interviews of any employees who might reasonably have information related to such records.

B. Grantee further agrees to comply with Government Code section 8546.7 in its interactions with co-applicants and subgrantees and be aware of the penalties 200
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit C, General Terms and Conditions
for violations of fraud and for obstruction of investigation as set forth in Public Contract Code section 10115.10.

C. Partners and subcontractors of the Grantee who are paid with grant funds under the terms of this Grant Agreement shall be responsible for maintaining accounting records as specified above. Grantee shall include a term in all contracts to that effect.

6. Indemnification
Grantee agrees to indemnify, defend, and hold harmless the State of California, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all Grantees, partners, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by Grantee in the performance of this Grant Agreement.

7. Disputes
Grantee shall continue with the responsibilities under this Grant Agreement during any dispute.

8. Independent Grantee
Grantee, and the agents and employees of Grantee, in the performance of this Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of OPR.

9. Non-Discrimination Clause
During the performance of this Grant Agreement, Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, color, ancestry, national origin, religion, creed, age (over 40), mental disability, physical disability, sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, and military and veteran status. Grantee and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §§12990, subds. (a)-(f) et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2§, § 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Grant Agreement by reference and made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Grant Agreement.

Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Grant Agreement. 201
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit C, General Terms and Conditions

10. Timeliness
Time is of the essence in this Grant Agreement. OPR and Grantee will work collaboratively to ensure this Grant Agreement and the Project are administered in a timely fashion.

11. Governing Law
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

12. Unenforceable Provision
If any provision of this Grant Agreement is unenforceable or held to be unenforceable, then the Parties agree that all other provisions of this Grant Agreement have force and effect and shall not be affected thereby.

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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit D, Special Terms and Conditions
Exhibit D, Special Terms and Conditions

1. Compliance with Laws and Regulations
By signing this Grant Agreement, Grantee certifies that it shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits and shall secure any new permits required by authorities having jurisdiction over the Project(s),and maintain all presently required permits.

Grantee is responsible for complying with all applicable requirements, if any, of the California Environmental Quality Act (CEQA) (Pub. Resources Code, §§ 21000 et seq.) for the Project are met. OPR’s selection of a Project for a planning grant does not foreclose appropriate consideration of alternatives or mitigation measures that would reduce or eliminate adverse environmental effects of any project during the CEQA review process. Nor does it foreclose the possibility that the project may be denied due to its significant environmental effects, if any. No work that is subject to CEQA may proceed until clearance is given by all lead and responsible agencies.

2. Subcontractors and Partners
OPR’s contractual relationship is with Grantee, and not any of its Partners or subcontractors. Grantee is entitled to make use of its own staff, Partners, and subcontractors, as identified in the Budget Detail Worksheet (Attachment 4), and will comply with its own competitive bidding and sole sourcing requirements for subcontracts that arise out of or in connection with this Grant Agreement. Grantee shall manage, monitor, and accept responsibility for the performance of its own staff, Partners, and subcontractors, and will conduct Project activities and services consistent with professional standards for the industry and type of work being performed under this Grant Agreement.

Nothing contained in this Grant Agreement or otherwise shall create any contractual relationship between OPR and any Partners or subcontractors, and no subcontract shall relieve Grantee of its responsibilities and obligations hereunder.

Grantee agrees to be as fully responsible to OPR for the acts and omissions of Partners and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Grantee. Grantee's obligation to pay Partners and subcontractors is an independent obligation from OPR’s obligation to make payments to Grantee. As a result, OPR shall have no obligation to pay or to enforce the payment of any moneys to any Partner or subcontractor.

3. No Third-Party Beneficiaries
This Grant Agreement is not intended for the benefit of any person or entity other than the Parties, and no one other than the Parties themselves may enforce any of the rights or obligations created by this Grant Agreement.

4. Project Monitoring and Oversight
Project monitoring and oversight is essential to ensure the Project stays within scope and is completed on schedule and within budget in accordance with this Grant Agreement. It is the responsibility of the Grantee to monitor the Project to ensure that it is completed in accordance with this Grant Agreement. 203
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit D, Special Terms and Conditions

5. Dispute Resolution
A. Invoice Disputes
i. In the event of an invoice dispute, the Grant Manager will notify Grantee by phone and follow up in writing using the Invoice Dispute Notification Template (Attachment 6) within ten (10) working days of receipt of the disputed invoice.
ii. During the dispute, both parties shall deal in good faith to resolve the dispute.

Grantee shall continue to meet its responsibilities and obligations under the terms of this Grant Agreement.
iii. If Grantee contests the decision made by the Grant Manager, Grantee shall submit a written “Notice of Dispute” on official letterhead, according to Subsection C below.

B. General Disputes
i. In the event of a dispute unrelated to the dispute of an invoice, Grantee shall first attempt to resolve the dispute with the Grant Manager. ii. Both parties shall deal in good faith and attempt to resolve the dispute informally.
iii. Grantee shall continue to meet its responsibilities and obligations under the terms of this Grant Agreement during a dispute.
iv. If Grantee contests the decision made by the Grant Manager, Grantee shall submit a written “Notice of Dispute” on official letterhead, according to Subsection C below.

C. Contesting a Dispute Decision
i. If Grantee contests a decision made by the Grant Manager, Grantee may submit a written “Notice of Dispute” on official letterhead. The “Notice of Dispute” shall include:
 The Grant Agreement number
 A complete description of the basis for the dispute
 Legal authority or pertinent facts, supporting arguments and documentation
 Action requested for resolution
The “Notice of Dispute” shall be sent to the following address, with copies sent via email to the OPR contacts in Exhibit A, Section 4:

Governor’s Office of Planning and Research
APGP
Attn: APGP Program Manager
1400 Tenth Street
Sacramento, CA 95814
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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit D, Special Terms and Conditions
ii. Within 30 days after receipt of the “Notice of Dispute,” the OPR APGP Program Manager shall review the dispute and submit a written decision to Grantee, which shall include:
 The decision made
 An explanation for the decision
iii. The written dispute decision of the OPR APGP Program Manager is considered final and cannot be disputed further by the Grantee.

6. Termination
A. Completion of Project. This Grant Agreement shall terminate upon completion of the Project and payment of the last invoice.

B. Early Termination. Either Party may terminate this Grant Agreement upon thirty (30) days advance written notice by certified mail to the other Party. The notice shall specify the reason for early termination and may permit Grantee or OPR to rectify any deficiency(ies) prior to the early termination date.

7. Waiver of Rights
A. Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from OPR, its officers, agents, or employees for any liability arising from, growing out of, or in any way connected with this Grant Agreement.

B. Grantee waives all claims and recourses against OPR, including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this Grant Agreement, except claims arising from the gross negligence of OPR, its officers, agents, and employees.

C. None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing.

8. Insurance Requirements
A. A Grantee that is a governmental organization may provide evidence of sufficient self-insurance to satisfy the insurance requirements below.

B. If Grantee is not a governmental organization or is a governmental organization that is unable to provide evidence of sufficient self-insurance, then the following are the insurance requirements:

C. Grantee must ensure the following insurance policies are obtained and kept in force for the term of this Grant Agreement, with no lapses in coverage, that cover any acts or omissions of Grantee or its employees engaged in carrying out any tasks specified in this Grant Agreement:
i. Workers’ Compensation Insurance in an amount of not less than the statutory requirement of the State of California (Labor Code, § 3700 et seq.). ii. Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence for bodily injury and property damage combined. iii. Motor vehicle liability with limits not less than $1,000,000 per accident for bodily injury and property damage combined. Such insurance shall cover 205
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit D, Special Terms and Conditions
liability arising out of a motor vehicle including owned or hired, and non- owned motor vehicles.

D. Insurance policies must name the State of California, its officers, agents, employees, and servants as additional insured parties for the commercial general liability and automobile liability insurance, but only with respect to work performed under this Grant Agreement.

E. Grantee is responsible for guaranteeing that a copy of each Certificate of Insurance is submitted OPR within sixty (60) calendar days of the Grant Agreement signature. The grant number must be included on each submitted Certificate of Insurance.

F. Grantee must notify OPR prior to any insurance policy cancellation or substantial change of policy, including lapse of coverage, change in coverage amount, or change in carrier. Grantee shall submit proof of new or updated policy based on insurance requirements within thirty (30) days of policy cancellation or substantial policy change. Failure to provide proof of insurance may result in termination of this Grant Agreement.

9. Stop Work
If it is determined, at the sole discretion of OPR, that Grantee is not meeting the terms and conditions of this Grant Agreement, immediately upon receiving a written notice through certified mail from OPR to stop work, Grantee shall cease all work under this Grant Agreement. OPR has the sole discretion to determine that Grantee meets the terms and conditions of this Grant Agreement after a stop work order, and to send through certified mail a written notice to Grantee to resume work under this Grant Agreement.

10. Remedies of Nonperformance
Grantee’s failure to comply with any of the terms and conditions of this Agreement shall constitute a breach of this Agreement. OPR will give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days.

In addition to the other remedies that may be available to OPR in law or equity for breach of this Agreement, OPR may at its discretion exercise the following remedies:

A. Undertake the dispute resolution process set forth at Exhibit D, Section 5; B. Issue a stop work order pursuant to Exhibit D, Section 9; C. Disqualify the Grantee from applying for future APGP funds or other OPR administered grant programs;
D. Revoke existing APGP grant funds to the Grantee;
E. Require the repayment of APGP grant funds disbursed and expended under this Agreement;
F. Seek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance with the APGP Guidelines and this Agreement;
G. Other remedies available by law, or by and through this Agreement. All remedies available to OPR are cumulative and not exclusive.
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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit D, Special Terms and Conditions

11. Publicity
Grantee agrees that it will acknowledge OPR in all publications, websites, signage, invitations, and other media-related and public-outreach products related to the APGP. OPR staff will provide OPR logo files and guidance on their usage directly to Grantee. Grantee agrees to adhere to the Communications Kit provided by OPR (Exhibit H). If Grantee is planning an event or announcement, needs sample materials, or needs assistance or advice, Grantee shall contact the Grant Manager.

A. Long-Form Materials: Long-form written materials, such as reports, must include the following standard language about OPR, APGP, and the Integrated Climate Adaptation and Resiliency Program (ICARP):

As communities in California experience more frequent, prolonged, and severe impacts from climate change, communities and governments at all scales are developing strategies and implementing actions to build a climate- resilient future. However, many jurisdictions, especially under-resourced communities in California, lack the capacity, tools, guidance, and resources to effectively prepare for climate impacts.

The APGP addresses this capacity gap by providing funding to help fill planning needs, providing communities with the resources to identify climate resilience priorities, and supporting the development of climate resilience projects across the state. The APGP enables communities to climate risk and adaptation considerations into planning activities and prepare for climate readiness and resilience in the long term.
 The APGP is an initiative of the Integrated Climate Adaptation and Resiliency Program (ICARP) housed within the Governor’s Office of Planning and Research. ICARP advances statewide climate adaptation and resilience by coordinating investments, partnerships and climate science to ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change.
 Through direct and equity-focused investments and resources, ICARP helps build climate adapted and equitable communities in California, with a focus on solutions that both address the impacts of climate change and reduce greenhouse gas emissions. ICARP works to advance these priorities across all levels of government by developing actionable science and research; providing guidance, tools, and technical assistance; and administering climate resilience-focused grant programs.

Learn more: https://opr.ca.gov/climate/icarp/
A. Press Releases, Flyers, and Visual Materials: Any informational materials that do not qualify as long-form, but that include at least a paragraph of text, such as press releases, media advisories, short case studies, flyers, etc., must include either of the following messages:

Long version:
“[Project Name] is supported by the Adaptation Planning Grant Program at the Governor’s Office of Planning and Research (OPR). The Adaptation Planning Grant Program is an initiative of OPR’s Integrated Climate Adaptation and Resiliency Program (ICARP). ICARP advances climate 207
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit D, Special Terms and Conditions
adaptation and resilience in California by coordinating investments, partnerships and climate science to ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change.

Short version:
“[Project Name] is supported by the Adaptation Planning Grant Program implemented by the Governor’s Office of Planning and Research.” Grantee may at times produce promotional materials that are primarily visual in nature, such as banners, signage, certain flyers, and sharable images for social media. In such cases, when including the above boilerplate language acknowledging ICARP and OPR support is not practical, Grantee should instead include the official OPR logo, preceded by the words “Funded by.” B. Media Inquiries: Grantee must provide to OPR the name, phone number, and email address of Grantee’s point of contact for all press inquiries and communications needs related to the Project. Grantees must also distribute a press release after grant decisions are presented during ICARP Technical Advisory Council (TAC) Meetings, and may be requested to present before the TAC and release communications materials for other major milestones throughout the lifecycle of the grant. All press releases must be approved by the OPR Communications and External Affairs prior to distribution and OPR must be alerted to all press events related to the grant.

C. Communications Materials and Photos: Grantee shall share between 8-12 high- resolution, color photos with OPR during the Grant Term. These photos should include pictures of people involved with the Project, the Project area, and/or activities conducted during the Grant Term. OPR reserves the right to use these photos across its communications platforms.

D. Social Media: Grantee is encouraged to use social media to share and inform the public of activities under this Grant Agreement. LinkedIn: @Governor’s Office of Planning and Research (OPR) @CalOPR and #ICARP #climateadaptation #climateresilience #APGP should be tagged on all posts related to the APGP grant. Use of the hashtags #CAresilience and #ICARP and related variations is also encouraged.

12. Drug-Free Workplace Certification
In signing this Grant Agreement, Grantee certifies that it will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

B. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or organization's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. 208
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Exhibit D, Special Terms and Conditions
C. Every employee who works on this Grant Agreement will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on this Grant Agreement.

Failure to comply with these requirements may result in suspension of payments under this Grant Agreement or termination of this Grant Agreement or both, and Grantee may be ineligible for award of any future State of California agreements if OPR determines that any of the following has occurred: Grantee has made false certification, or violated the certification by failing to carry out the requirements as noted above (Gov. Code, § 8350 et seq.).

13. Americans with Disabilities Act
Grantee will comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.).

14. Air/Water Pollution Violation Certification
Under State of California laws, Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the California Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

15. Payee Data Record Form - STD 204
This form must be completed by all Grantees that are not another state agency or other governmental entity.

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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit E, APGP Guidelines
Exhibit E, APGP Guidelines

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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit F, Award Letter
Exhibit F, Award Letter

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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit G, Grant Application
Exhibit G, Grant Application

Application Materials
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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit H, APGP Communications Kit
Exhibit H, APGP Communications Kit

Dear Adaptation Planning Grant Program Grantee,

Congratulations on your successful award from the Adaptation Planning Grant Program! Your dedication and hard work have paid off, and we are thrilled to be partnering with you on your important project.

At the Governor's Office of Planning and Research (OPR), we recognize the significance of your work in advancing climate resilience and adaptation. Your project holds great potential to deliver substantial environmental, health, and climate benefits to your community, and we are committed to supporting you every step of the way.

To assist you in effectively communicating and sharing the impact of your project, OPR's Communications and External Affairs team has prepared this Communications Toolkit. It serves as a comprehensive set of communications and branding guidelines specific to the Adaptation Planning Grant Program, as well as a range of resources and best practices to enhance your outreach across various media channels.

We believe that your project deserves recognition not only within your community but also as a model for others facing similar challenges. The tools and guidance provided in this kit will help you effectively share your accomplishments, engage partners, and build awareness about the importance of climate adaptation and resilience planning.

As you plan events, announcements, or any communication activities related to your grant, please refer to this toolkit and adhere to the guidelines provided. Should you require sample materials, event support, or expert advice, our Deputy Director of Communications and External Affairs, Emily Breslin, is available to assist you. You can reach Emily at [email protected].

We appreciate the inspiring work you are doing to implement innovative and effective climate adaptation strategies. Together, we can make a substantial difference in building resilient communities and securing a sustainable future for all. We value our partnership and look forward to supporting you every step of the way.

Best regards,
The Governor's Office of Planning and Research Team

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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit H, APGP Communications Kit
Introduction
We are promoting the 14 grantees through a press release, LinkedIn post, tweet and we welcome you to do the same. Below is some suggested language, but please feel very free to modify any of it as you see fit:
[Organization Name] is pleased to announce that [Project Name] has been selected as a recipient of the Round 1 Adaptation Planning Grant Program, provided by the Governor's Office of Planning and Research (OPR). This new grant program supports integrated climate adaptation projects and planning efforts in California. We’re thrilled to announce our project is one of fourteen awarded in this first round! With the support of the Adaptation Planning Grant, [Project Name] will be able to [briefly describe the project's goals and objectives]. This funding will enable us to [insert deliverables etc… implement innovative strategies, leverage partnerships, and incorporate cutting-edge climate science to enhance our resilience and adaptation measures].

Find more information about the Adaptation Planning Grant and the Integrated Climate Adaptation and Resiliency Program (ICARP) on the OPR website and read more about our other projects in this recent press release, “California Awards $8 Million to help communities strengthen resilience against growing climate impacts.” We look forward to working with the Governor's Office of Planning and Research (OPR) and want to congratulate all the recipients of the Adaptation Planning Grant Program.

Together, we will build a more resilient California for All.

LinkedIn: @Governor’s Office of Planning and Research (OPR) @CalOPR and #ICARP #climateadaptation #climateresilience #CAresilience

Publicity Requirements & Guidelines for Adaptation Planning Grantees Adaptation Planning Grantees should acknowledge OPR in all publications, websites, signage, invitations, and other media-related and public-outreach products related to the Adaptation Planning Grant Program (APGP). OPR staff will provide OPR logo files and guidance on their usage directly to Grantee.

When using OPR’s logo, use the color version only when the logo appears on a white background; on backgrounds of any other color, please use the white version of the logo.

Long Form Materials
Long-form written materials, such as reports, must include the following standard language about OPR, APGP, and the Integrated Climate Adaptation and Resiliency Program (ICARP):

As communities in California experience more frequent, prolonged, and severe impacts from climate change, communities and governments at all scales are developing strategies and implementing actions to build a climate- resilient future. However, many jurisdictions, especially under-resourced communities in California, lack the capacity, tools, guidance, and resources to effectively prepare for climate impacts.

The Adaptation Planning Grant Program addresses this capacity gap by providing funding to help fill planning needs, providing communities with the resources to identify climate resilience priorities, and supporting the development of climate resilience 214
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit H, APGP Communications Kit
projects across the state. The Adaptation Planning Grant Program enables communities to climate risk and adaptation considerations into planning activities and prepare for climate readiness and resilience in the long term.

The Adaptation Planning Grant is part of the Integrated Climate Adaptation and Resiliency Program (ICARP) housed within the Governor’s Office of Planning and Research. ICARP advances statewide climate adaptation and resilience by coordinating investments, partnerships, and climate science to ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change.

Through direct and equity-focused investments and resources, ICARP helps build climate adapted and equitable communities in California, with a focus on solutions that address the impacts of climate change and reduce greenhouse gas emissions. ICARP works to advance these priorities across all levels of government by developing actionable science and research; providing guidance, tools, and technical assistance; and administering climate resilience-focused grant programs.

Learn more: https://opr.ca.gov/climate/icarp/
Press Releases, Flyers, and Visual Materials
Any informational materials that do not qualify as long-form, but that include at least a paragraph of text, such as press releases, media advisories, short case studies, flyers, etc., must include either of the following messages:

Long version:
“[Project Name] is supported by the Adaptation Planning Grant Program at the Governor’s Office of Planning and Research (OPR). The Adaptation Planning Grant Program is an initiative of OPR’s Integrated Climate Adaptation and Resiliency Program (ICARP). ICARP advances climate adaptation and resilience in California by coordinating investments, partnerships, and climate science to ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change.

Short version:
“[Project Name] is supported by the Adaptation Planning Grant Program implemented by the Governor’s Office of Planning and Research.” Mostly visual:

Grantee may at times produce promotional materials that are primarily visual in nature, such as banners, signage, certain flyers, and sharable images for social media. In such cases, when including the above boilerplate language acknowledging ICARP and OPR support is not practical, Grantee should instead include the official OPR logo, preceded by the words “Funded by.”
Media Inquiries
Grantee must provide to OPR the name, phone number, and email address of Grantee’s point of contact for all press inquiries and communications needs related to the Project. Grantees must also distribute a press release after grant decisions are presented during ICARP Technical Advisory Council (TAC) Meetings, and may be requested to present before the TAC and release communications materials for other major milestones throughout the lifecycle of the grant. All press releases must be 215
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit H, APGP Communications Kit
approved by the OPR Communications and External Affairs prior to distribution and OPR must be alerted to all press events related to the grant. Please share draft press releases with OPR for review 30 days in advance of when you’d like to post them by emailing them to Brandon Harrell at [email protected].

Communication Materials & Photos
Grantee shall share between 8-12 high-resolution, color photos with OPR during the Grant Term. These photos should include pictures of people involved with the Project, the Project area, and/or activities conducted during the Grant Term. OPR reserves the right to use these photos across its communications platforms.

Social Media
Grantee is encouraged to use social media to share and inform the public of activities under this Grant Agreement.

Please tag OPR in your posts and tweets about your work using the Adaptation Planning Grant.

LinkedIn: @Governor’s Office of Planning and Research (OPR) Twitter: @CalOPR
Suggested hashtags: #ICARP #climateadaptation #climateresilience #CAresilience Spread the Word
Here are a few effective ways to raise awareness around your important work. In every case, we recommend a clear, concise writing style that avoids technical terms and is easy for most readers to access. Be sure all your communications comply with the Publicity Requirements and Guidelines on pages 24-36 of this kit.

Create a Website or Webpage
One of the best ways to share the latest information about the progress of your APGP project is to compile everything the public needs to know into well-organized website or webpage. Your website or webpage should be simple and inviting, with sections explaining who you are, what the Adaptation Planning Grant Program is, and why the project is important. Keeping the website updated with your latest accomplishments and steps taken to achieve your goals will keep members of your community enthusiastic and engaged. You can choose from dozens of inexpensive website templates, such as Wix, Square Space, and WordPress.

Press Releases & Media Advisories
If you’re interested in getting mentioned by your local news outlets (newspapers, web- based news, radio, television), you’ve got to alert reporters, editors, hosts, news desks, and producers in your local media market. Here are a couple ways to get their attention (in both cases, include a contact name, title, phone number, and email at the top):

Press release
This is a narrative piece that tells the reader a story. Your best bet is to write it in the style of a story you’d read in the newspaper. Start with the most important part so that the reader knows immediately what you want to tell them about. From there, add details to flesh out the story (the amount of the grant, the number of supporting community groups, total emissions reductions, etc.), along with quotes from people who are engaged with your project – for example, representatives from partner organizations, 216
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit H, APGP Communications Kit
residents who engaged in project design, and OPR’s Executive Director. Some media outlets might publish your press release as is! Others will follow up with questions or to interview someone.

Media advisory
This is a short piece you send to reporters, editors, hosts, news desks, and producers when you want to invite them to attend and cover an event, such as a groundbreaking, ribbon-cutting, dedication, etc. Make sure you answer the most important questions (who/what/when/where/why/how) and emphasize what makes your story worthy of media attention—as well as what photo opportunities will be available at the event.

Social Media
Numerous social media platforms support digital storytelling and promotion. Use your existing platforms to talk about your Adaptation Planning Grant project. We also encourage you to tag OPR in your tweets and LinkedIn posts about your Adaptation Planning Grant project so we can retweet and share your updates. Please see our social media section of this kit for more details.

Blog Post
If you or any of your partners currently has an active blog, we encourage you to write a blog post highlighting the progress or impact of your Adaptation Planning Grant project. For example, ask a project partner to write a guest blog or sit with you for a Q&A to highlight some of the specific benefits of their work, who is receiving those benefits, and how the community has been involved. After you’ve posted your blog, you can share it on your social media platforms!
Newsletter
If you or any of your Adaptation Planning Grant partners have a newsletter or listserv, please use it to share your award announcement and other important milestones.

Encourage community leaders and/or elected officials who work with you frequently to announce Adaptation Planning Grant Program milestones through their newsletters or listservs as well. Please contact us at OPR so we can share your important Adaptation Planning Grant milestones through our newsletter as well! Op-Ed or Letter to the Editor
Consider writing an op-ed or letter to the editor of your local newspaper to raise awareness of your new Adaptation Planning Grant and the benefits it will bring to your community. A good approach is to acknowledge the various partners involved in the planning process, name the specific benefits this project will bring to members of your community, and emphasize the place-based, community-driven approach to this project using the Adaptation Planning Grant Program’s model. An op-ed is typically around 600 words (it depends on the outlet) and you submit it to the Op-Ed Editor; it is best to reach out to this editor with an outline for your piece and ask if they’re interested in running a developed piece from you. A letter-to-the-editor is short – usually under 200 words – and you just submit it directly to the letters section of the outlet.

Events
Events with community members, leaders, and elected officials can be a draw for the press, as well as for local residents, and are a great way to build excitement about your Adaptation Planning Grant project.
217
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit H, APGP Communications Kit
Host Community Events
Organizing a fun kick-off meeting and other community events for partners and the general public is a great way to raise awareness about your Adaptation Planning Grant and get more people involved in the planning process. These kinds of events can help make sure everyone is on the same page and united in your mission, as well as enthusiastic about the tangible benefits your project will create.

Remember
The OPR team is here to help! We love to work with awardees to brainstorm communication strategies. We can provide quotes from OPR leadership for your press releases and make leadership available for media interviews. We can coach you on how to pitch media, help you identify reporters, and help secure participation by State officials in your event. Contact OPR’s Deputy Director of External Affairs, Emily Breslin, for support: [email protected].

Social Media
Social media offers an array of powerful, free platforms that enable you to communicate about your Adaptation Planning Grant project to potentially large audiences.

Tag us
We love seeing grantees’ progress from vision to reality. Please post updates and photos of project events or outcomes on social media, and make sure to tag us so that we can like, comment, and retweet to share your hard work with all of California.

Tag Your Partners
Remember to include co-applicants and other key partners and champions in social media posts about your Adaptation Planning Grant. Tagging partners gives them the recognition they deserve while increasing the audience for your post.

Use Hashtags
Hashtags can be an effective way to increase a post’s visibility and response rate. It is best to use 1-2 relevant hashtags per tweet, 3 per LinkedIn post, and 3-5 per Instagram post, story, or reel. Example hashtags: #climateadaptation #climateresilience #CAresilience
Use Images and Alt Text
A social post with an image will get more traction than one without an image.

Throughout every stage of the Adaptation Planning Grant process, be sure to encourage your team to bring their phones or even a nice camera and take a picture of their colleagues or work environment. Having a photobank of pictures can work wonders on your social media accounts, especially because you’ll have the freedom to choose the highest quality or most interesting photos. Please see the Photo Tips section of this kit for more information.

So that community members who are blind or have limited vision can access your information, include alt text with every image you tweet or post. See the example posts below for sample alt text.

Shorten the Message
Given the character limit for tweets, you will need to pick and choose what information 218
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit H, APGP Communications Kit
to include. Incorporate hashtags and tagging partners into your sentences. Use commonly known abbreviations and conjunctions.

Amplify the Voices of Community Members
Reach out to partners and community members for their videos, quotes, and pictures that share how your Adaptation Planning Grant project will affect their lives. These stories can increase your social media audience’s enthusiasm for your project.

Retweeting posts that residents and partners create is another way to demonstrate the Adaptation Planning Grant project’s impact.

Post Often
Research shows your followers may like, comment, and share your posts more when you tweet several times per day and post on LinkedIn every day. Aim for no more than 1 tweet or retweet per hour and no more than 2 LinkedIn posts or reposts per day.

Brainstorm with your staff to come up with creative ways to keep the public informed and interested in your work. Then create a schedule and remain consistent.

More Social Media Tips
Encourage audience engagement by posting questions.

Use at least 1 emoji per post. Refer to emojipedia.org.

Encourage your colleagues and partners to comment on your posts and tweets by emailing them the URLs to your posts and tweets
Observe copyright laws.

Use URL shortening tools from sites like bitly.com and tinyurl.com if needed Twitter LinkedIn

Alt text: Adaptation Planning Grant
Program (APGP) Round 1 Funding
Increase from $6.6 M to $8M Apply by
March 31! OPR logo. California coast at
sunset.

Alt text: Overlaid text reads “Join us for
Round 1 Funding Application Virtual
Office Hours. Wednesdays 1pm-2pm.

Adaptation Planning Grant Program
(APGP).” OPR logo in bottom left corner.

Group of 3 people of different races and
genders working together around a table
with laptops.
219
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit H, APGP Communications Kit
Link to post Link to post

Alt text: Overlaid text reads “Adaptation
Planning Grant Program (APGP), Round 1
Funding Application Available!” OPR logo.

Two people’s forearms and hands as they
plan using adhesive notes, clip boards,
and a laptop.

Alt text: Overlaid text reads “Adaptation
Planning Grant Program (APGP), Round 1
Funding Application Available!” OPR
logo. Two people’s forearms and hands
as they plan using adhesive notes, clip
boards, and a laptop.

Link to post Link to post

Follow us
The California Office of Planning & Research (@Cal_OPR) posts frequently on Twitter about the State’s efforts to improve our environment and communities. OPR is also active on LinkedIn. We encourage you and your Adaptation Planning Grant partners to follow our accounts to stay up to date on the latest news on our policies and programs.

If we tweet about the APGP, or about anything else relevant or interesting to you, please ‘like’ and retweet us—sometimes it can even save you the trouble of crafting your own tweet.

Photo Tips
Consider pointers in this section when using photography to tell your project’s story.

Quality
Use the highest quality camera you can access. Good news: many modern smartphones are usually sufficient if you turn your phone sideways, tap on the display to focus on your subject, and position your subject so they are well-lit. Photos on social media don’t have to be as high quality as photos on your website or in your newsletter.

Everyone’s a Photographer
Encourage your staff and partners to take photos whenever they have the chance, and to send them all to your organization’s communications team. Designate someone who owns a nice camera to take photographs during events. 220
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Exhibit H, APGP Communications Kit
Don’t Have a Great Photo?
There are countless high-quality photos that you can download and use for free.

Unsplash (Free): /unsplash.com/
Pexels (Free): pexels.com/
Gender Spectrum:
drive.google.com/drive/u/0/folders/1JF4t11wo8PnFsqZrKwyg4rtvohPNRAi6 CreateHERStock: createherstock.com/
Noun Project (Free and Paid): thenounproject.com/
Content
When possible, photos should be bright and colorful, without being busy or filtered.

Candid photos of people working or interacting tend to be more eye-catching than people smiling at the camera. Highlight interesting aspects of your project so your photo stands out.

Remember
The picture is what draws people in to read the caption and learn about your work.

Don’t underestimate its importance!
Stay in Touch!
Feel free to contact OPR’s Deputy Director of External Affairs, Emily Breslin, if you have questions or need support on any of your communications efforts at [email protected].

OPR’s Newsletter and APGP Listserv
OPR Newsletter Sign Up: https://opr.ca.gov/e-lists.html APGP Email List: https://lp.constantcontactpages.com/su/XPQJivh/APGP Follow us on social media and check our website regularly for new announcements and updates!
Twitter
twitter.com/Cal_OPR
LinkedIn
linkedin.com/company/governor-s-office-of-planning-and-research/ Website
opr.ca.gov
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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 1: Authorized Signatory Form
Attachment 1: Authorized Signatory Form
I hereby verify that I am an authorized Grantee representative and signatory and, as such, can sign and/or delegate authorization to sign and bind Grantee as it relates to the above-referenced Grant Agreement and grant related documents.

Grantee Authorized Signatory:

Name: Harry Black Title: City Manager

(Type or Print Name)

Signature: Date:

Delegated Authorized Signatories:

1. Name: Title:
(Type or Print Name)

Signature: Date:

Document(s) Authorized to sign:
ÿ All Grant Related Documents or ÿ Grant Agreement
ÿ Grant Amendments ÿ Budget Amendments ÿ Reports
ÿ Invoices ÿ Other ______

2. Name: Title:
(Type or Print Name)

Signature: Date:

Document(s) Authorized to sign:
ÿ All Grant Related Documents or ÿ Grant Agreement
ÿ Grant Amendments ÿ Budget Amendments ÿ Reports
ÿ Invoices ÿ Other ______

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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 2: Work Plan

Attachment 2: Work Plan
Project Name: Stockton Climate Action & Adaptation Plan The City of Stockton's Climate Action & Adaptation Plan is a comprehensive and forward-thinking strategy aimed at addressing the urgent challenges posed by climate change within the city's boundaries. This plan outlines a coordinated approach to both mitigate greenhouse gas emissions and adapt to the inevitable impacts of a changing climate.

Community partners will play a vital role in the creation and implementation of the City of Stockton's Climate Action & Adaptation Plan. Their involvement is essential for building a plan that is inclusive, responsive to the needs of diverse populations, and capable of garnering widespread support.

Task 1: Select & Work with Consultant on New Climate Action & Adaptation Plan Subtask
Description
Include detail of
activities or
deliverables
Deliverables /
Milestones
Major outcomes
and/or metrics used
to demonstrate
success
Timeline
No later than
January 31, 2026
Community
Partners Involved
If the partners are
not identified
include future plans
to engage
APGP Eligible
Activities
Addressed
Subtask A

Issue RFP for
Consultant to
help City create
a new Climate
Action &
Adaptation Plan

RFP Posted to Bid
Flash

No Later than
January 31, 2024

Various City
departments will be
involved in the
drafting of the RFP,
but no external
partners will be
involved.

Phase 1
Subtask B
City Council
approval of
City Council
approval of
resolution to execute
No Later than April
30, 2024
Consultant, City Phase 1
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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 2: Work Plan
subcontracts with
consultant
agreements with
consultant
Subtask C
Consultant will
conduct Climate
Vulnerability
Assessment of
Stockton. This
assessment will
involve significant
community
engagement,
which will be
supported by
both the City and
its non-profit
partners.

Stockton Climate
Vulnerability
Assessment
submitted to City &
Partners
May 1, 2024 -
August 31, 2024
Consultant, City,
non-profit partners
Phase 2
Subtask D
Develop the New
Climate Action &
Adaptation Plan.

The creation of
the new CAAP
will involve a
broad coalition
(consultant, city,
non-profit
partners,
stakeholders,
residents,
businesses,
regional
governments,
etc.) who will be
regularly
Stockton Climate
Action & Adaptation
Plan submitted to
City & Partners
September 1, 2024 -
June 30, 2025
Consultant, City,
non-profit partners
Phase 3
224
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Attachment 2: Work Plan
convened to
discuss, review,
and guide the
development of
the CAP
strategies.

Subtask E
Present the New
Climate Action &
Adaptation Plan
to City Council
City Council adopts
the New Climate
Action & Adaptation
Plan
No later than
October 31, 2025
City, consultant,
key City
department
leadership, non-
profit partners
Phase 3
Task 2: Select & Work with Non-Profit Partners on New Climate Action & Adaptation Plan Subtask A
Issue RFP for local
non-profits to help
City with
community
engagement
during Climate
Action &
Adaptation Plan
development
RFP Posted to Bid
Flash
No Later than
January 31, 2024
Various City
departments will be
involved in the
drafting of the RFP,
but no external
partners will be
involved.

Phase 1
Subtask B
City Council
approval of
subcontracts with
local non-profits
City Council
approval of
resolution to execute
agreements with
consultant and non-
profit partners
No Later than April
30, 2024
Non-Profit Partners,
City
Phase 1
Subtask C
Assist the City's
consultant with all
community
engagement
Engage at least 500
residents during the
creation of the
Climate Vulnerability
May 1, 2024 -
August 31, 2024
Non-Profit Partners,
City, Consultant Phase 2
225
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 2: Work Plan
related to the
creation of the
Cimate
Vulnerability
Assessment.

Specifically, boost
the visibility of
events, create
outreach
materials and
translate them
into multiple
languages,
design social
media content,
coordinate
community
events, distribute
surveys, and so
on.

Assessment - this
includes attending a
meeting and/or
responding to a
survey.

Reach out to at least
5,000 residents via
mail and/or email.

Subtask D
Assist the City's
consultant with
the development
of the New
Climate Action &
Adaptation Plan.

In addition to the
activities
mentioned in
Subtask C, this will
involve
coordinating a
broad coalition
comprised of key
Engage at least
2,000 residents
during the creation
of the Climate
Action & Adaptation
Plan - this includes
attending a meeting
and/or responding
to a survey.

Reach out to at least
50,000 residents via
mail and/or email to
solicit their feedback
September 1, 2024 -
June 30, 2025
Non-Profit Partners,
City, Consultant
Phase 3
226
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Attachment 2: Work Plan
city departments,
non-profit
partners,
stakeholders,
residents,
businesses,
regional
governments,
and so on. This
coalition will be
regularly
convened to
discuss, review,
and guide the
development of
the CAP
strategies.
on CAP strategies
and priorities
Task 3: Administer the APGP
Subtask A
Oversee the
execution of the
APGP Grant
Agreement.

Executed APGP
Grant Agreement
No later than
January 5, 2024 City staff Phase 1
Subtask B
Prepare the RFP
to identify the
consultant and
non-profit
partners
RFPs Posted to Bid
Flash
No later than
January 31, 2024 City staff Phase 1
Subtask C
Execute and
manage
subcontracts with
consultant and
4 subagreements
executed - one with
consultant, 3 with
non-profit partners
Contracts executed
no later than April
30, 2024

City staff,
consultant, non-
profit partners Phase 2
227
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 2: Work Plan
non-profit
partners. This
includes
overseeing the
successful
completion of all
deliverables and
ensuring
compliance with
the grant
agreement.

Successful
completion of all
APAP Grant
Agreement
deliverables,
including creation of
Climate Vulnerability
Assessment and New
Climate Action &
Adaptation Plan
Grant deliverables
accomplished from
May 1, 2024 - June
30, 2025
Subtask D
Submit invoices
and progress
reports as
required by the
grant agreement.

On-time submission
of all invoices,
progress reports, and
any other
documentation
required by the
APGP Grant
Agreement
Grant Execution -
June 30, 2025
City staff,
consultant, non-
profit partners Phase 3
Subtask E
Oversee the
adoption of the
New Climate
Action &
Adaptation Plan
by City Council
City Council adopts
the New Climate
Action & Adaptation
Plan
No later than
October 31, 2025
City, consultant,
key City
department
leadership, non-
profit partners
Phase 3
The Parties may make minor changes to the timeline and deliverables due without the requirement of an amendment. See Exhibit B, Sections 7 and 8.
228
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 3: Final Report

Attachment 3: Final Report
Adaptation Planning Grant Program
Final Report: FY 22-23
Grantee:

Grant Number:

Project Name:

Project Summary

1. Provide a brief summary of the challenges facing the Planning Area and the work completed under this grant.

Barriers and Accomplishments

2. Describe and explain any differences between the planned results, as listed in the Work Plan, and the actual results. Describe any barriers that impeded the progress of the grant, any corrective actions taken, and the outcomes. Discuss how these lessons learned can be useful for other communities.

3. Describe any notable outcomes, findings, or conclusions. Report on successful strategies used to achieve results and how these lessons learned can be useful to other communities.

4. Include a list of other sources of funding that were secured, directly or indirectly, through this Project.

Future Implementation

5. Describe how plans or processes developed under this grant will be implemented over the next three to five years. Explain:
a. How they will further your organization’s sustainability goals and strategies. b. How they will advance the State’s planning priorities and APGP objectives. c. How the work completed under this grant will assist in applying for future funding that aligns with the APGP’s objectives.

Feedback

6. Based on your experiences with this grant program, please provide feedback about how the OPR can improve future grant programs.

Attachments

7. Attach any relevant documents to this report, including final deliverables. If the documents cannot be sent electronically, notify the Grant Manager.

Case Study
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Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 3: Final Report

8. Grantee(s) will produce a project case study documenting key project information, data, lessons learned, and effective practices gathered through this project. To facilitate knowledge exchange and advance community planning and capacity, at the end of the Grant Term applicants are responsible for submitting a narrative case study to OPR to reflect on and share project outcomes and lessons learned, how the project responds to climate change impacts, and any resources that helped along the way. Case studies will be reviewed and curated for possible inclusion in the Adaptation Clearinghouse to help support a community of practice across the state. (See Appendix E: Work Plan for more information). Grantees will receive technical assistance for support in developing case studies. (See Program Technical Assistance for more info) Instructions:
a. Write the case study in a narrative form using the below section headers, format and font for organization.
b. The case study should be between 800-1000 words in total length. c. Provide responses for each header section – please don’t combine or modify these. However, don’t feel obliged to provide answers to all sub-bullets under each section header - only provide information for those that apply. d. Provide 1-3 graphics (photos, tables and charts, figures, etc. are welcome).

Provide links as needed. Send these as separate jpg or png image files (high resolution preferred).
e. To see examples of published Case Studies, visit: https://resilientca.org/case- studies/.

CERTIFICATION: I certify that this Final Report is accurate and that this project complies with the Agreement. I further certify that any expenditure discussed in this report is allowed under the Agreement and that all funds were expended for the purposes of this Project.

Name: Title:
(Type or Print Name)

Signature: Date:

230
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 4: Budget Detail Worksheet
Attachment 4, Budget Detail Worksheet
Project Name:

Cost Description Cost Type
Cost per
unit
(Examples:

Hourly
rates, fees,
etc.)
Number of
Units
(Example:

Hours
worked,
fee cost,
etc.)
Task 1 Task 2 Task 3 Total APGP
Funds
Sub-agreement with
Consultant for Climate
Action Plan Development
(staff costs to develop
the CAAP, time spent at
community engagement
events, etc.)
Subcontra
ctor Staff
Costs $100/hr 3100 hours $310,000 $0 $0 $310,000
Sub-agreement with
local non-profit partners
to support Community
Engagement during
CAAP development (staff
time spent at community
engagement events,
developing and
distributing outreach
materials, responding to
Engagem
ent,
Outreach,
Education
, and
Training $100 2000 hours $0 $200,000 $0 $200,000
231
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 4: Budget Detail Worksheet
feedback from
community, etc.)
Indirect Costs for Local
Non-Profit Partners
Indirect
Administra
tive Costs $10 2000 hours $0 $20,000 $0 $20,000
City of Stockton –
Program Manager III; staff
costs for administering
the grant and sub-
agreements
Grantee
Staff Costs $80 1,250 hours $0 $0 $100,000 $100,000
Materials for Community
Engagement (handouts,
flyers, markers, signage,
etc.)
Engagem
ent,
Outreach,
Education
, and
Training $20,000 1 unit $0 $0 $20,000 $20,000
The Parties may make minor changes to the timeline and deliverables due without the requirement of an amendment. See Exhibit B, Sections 7 and 8.

232
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 5: Invoice
Attachment 5, Invoice
[TO BE PRINTED ON GRANTEE LETTERHEAD]

ADAPTATION PLANNING GRANT PROGRAM FY 22-23

PLANNING GRANT INVOICE

Governor’s Office of Planning and Research
Date:

Email required invoice documents to: [Department Grant Manager Name]

Invoice Number:

Grantee Name: Grant Number:

Project Name:

Invoice Quarter: (Start Date) (End Date)

Invoice Summary:

Task Grant Funds Spent
Task 1:

Task 2:

Task 3:

Task 4:

SUBTOTAL for this Quarter
Less 5% Retention
TOTAL reimbursement requested this Quarter

Invoice Detail:

Task Cost Description Amount
Supporting
Documentation/
Page #
1 Subtotal
2 233
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 5: Invoice

Subtotal
3 Subtotal
Travel

Subtotal
Equipment

Subtotal
Indirect

Subtotal

SUBTOTAL FOR THIS QUARTER

Progress Report:

Work Plan Task # Description of Work Performed

Please refer to specific deliverables in the Budget and Work Plan.

CERTIFICATION: By my signature below, I certify that I have full authority to execute this payment request on behalf of Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
234
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 5: Invoice
Print Name: Print Title:

Signature:

Date:

235
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 6: Invoice Dispute Notification
Attachment 6, Invoice Dispute Notification

INVOICE DISPUTE NOTIFICATION

INVOICE DATE

INVOICE
NUMBER

GRANTEE

ADDRESS

INVOICE
AMOUNT

$

DATE INVOICE RECEIVED

GRANT AGREEMENT NUMBER

The invoice referenced above is disputed for the following reasons:

Request reimbursement for expenses not in the
Budget Detail
Invoiced for indirect cost reimbursement
above 10% cap

Invoiced for incidental costs or travel costs outside
of CA
Work performed prior to the Grant start or end
date

Insufficient evidence of progress made or task
completion
Invoice submitted without using required
templates

Insufficient supporting document for
reimbursement
Progress Report or Final Report not included
with invoice

Request reimbursement through another funding
source Other not listed above:

Comments:

THIS NOTIFICATION IS A FOLLOW UP TO A PHONE CONVERSATION WITH THE GRANTEE OR DESIGNEE WHOSE NAME APPEARS BELOW.

NAME

DATE OF

CONVERSATION

IF YOU HAVE ANY QUESTIONS REGARDING THIS DISPUTE, CONTACT:

NAME TELEPHONE NUMBER (include Area Code)
236
Office of Planning and Research – Adaptation Planning Grant Program – Round 1 ATTACHMENT A Grant Number: OPR23131, City of Stockton

Attachment 6: Invoice Dispute Notification

STATE OF CALIFORNIA USE ONLY

RETURN A COPY OF THIS NOTIFICATION WITH THE
CORRECTED INVOICE TO:

DATE DISPUTE RESOLVED INITIALS

RESOLUTION

237

Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TO ACCEPT A STATE OF CALIFORNIA ADAPTATION PLANNING

GRANT PROGRAM AWARD TO UPDATE THE CITY OF STOCKTON CLIMATE ACTION PLAN IN THE AMOUNT OF $650,000

The City Manager authorized staff to apply for a Round 1 Adaptation Planning Grant Program (APGP) in the amount of $650,000; and

On June 8, 2023, the Governor’s Office of Planning and Research , awarded the City of Stockton a $650,000 Round 1 Implementation Grant for Stockton Climate Action Plan; and

The APGP Grant Round 1 will provide funding needed to update the City of Stockton’s Climate Action Plan (CAP) which was initially developed in 2008 and implemented from 2014-2020; and

A new Climate Action & Adaptation Plan will provide the City of Stockton with a plan to adapt previously implemented strategies and expand activities that will aide in the reduction of greenhouse gas emissions and improved local economic, environmental, and health outcomes throughout the City of Stockton; now, therefore,

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

1. Authorize the City Manager to execute a grant agreement in the amount of $650,000 with the California Governor’s Office of Planning and Research (OPR).

2. Authorize the City Manager to appropriate grant revenues and expenditures in the amount of $650,000.

3. Authorize the City Manager to execute and manage sub -agreements with co-applicants in amounts consistent with the Grant Agreement.

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//
//
//
//
//
//
//
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238

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

PASSED, APPROVED, and ADOPTED December 12, 2023 .

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

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

239
City of Stockton
Legislation Text
File #: 23-1077, Version: 1

APPROVE A MOTION TO APPLY FOR, ACCEPT, AND APPROPRIATE GRANT FUNDING FROM

THE CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS (CAL ICH) FOR ROUND

FIVE OF THE HOMELESS HOUSING, ASSISTANCE AND PREVENTION (HHAP) GRANT

PROGRAM

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

1. Authorize staff to apply for, accept and appropriate Round 5 of the Homeless Housing, Assistance and Prevention Grant (HHAP 5) Program;

2. Approve and authorize the City Manager, or designee, to enter into a Standard Agreement for HHAP 5 funds with all its exhibits or other necessary documents consistent with the motion; and authorize the City Manager to approve consultant contracts that exceed the Stockton Municipal Code Section 3.68.060 spending limits to carry out application planning and administrative portions of the grant where necessary;

3. Approve findings pursuant to Stockton Municipal Code Section 3.68.070 that support an exception to the competitive bidding process; and,

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

Summary
The general purpose of Homeless Housing, Assistance and Prevention (HHAP) funding is to build regional coordination and a unified regional response to reduce and end homelessness, informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. HHAP 5 requires applicants to strategically pair HHAP 5 funds with other local, state, and federal resources towards long-term sustainability of housing and supportive services and to prioritize permanent housing solutions.

HHAP 5 differs from previous funding rounds in that it requires regions (i.e., the Continuum of Care, San Joaquin County, and the City of Stockton) to apply together and be signatory to a Regionally Coordinated Homelessness Action Plan. Funding allocations, though, may be received directly.

Applications and the Regionally Coordinated Homelessness Action Plan are due to the California Interagency Council on Homelessness on March 27, 2024.

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File #: 23-1077, Version: 1

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.

HHAP 5 is a $1 billion grant program authorized by Section 17 of AB 129 (Chapter 40, Statues of 2023; Health & Safety Code (HSC) § 50230, et seq.), which was signed into law by Governor Gavin Newsom on July 10, 2023. In addition to the $1 billion appropriation, Assembly Bill (AB) 129 reallocates $360 million from prior HHAP funding appropriations (HHAP 3 and HHAP 4 bonus funding) towards supplemental funding under HHAP 5. This NOFA makes available $869.5 million to eligible cities, counties, and CoCs. The California Interagency Council on Homelessness (Cal ICH) released the HHAP 5 Notice of Funding Availability (NOFA) on September 29, 2023.

The City of Stockton’s current HHAP allocations total to $23,603,997:

Round 1: $6,460,266
Round 2: $3,053,944
Round 3: $7,893,270
Round 4: $6,196,518
Nearly all Round 1 and Round 2 funds have been disbursed to homeless service providers and affordable housing developers to meet a variety of needs, including shelter expansions and operations and new permanent housing projects. Round 3 funds have been contracted to provide low -barrier shelter operations, and about half of Round 3 and Round 4 funds are obligated to a Homekey permanent housing project, pending award notification by the state. The remaining HHAP 3 and 4 funds will be awarded in a manner consistent with the Updated Local Action Plan and multi-year spending plan for HHAP funds approved by motion by City Council on June 21, 2022.

Present Situation
HHAP 5 is established for the purpose of organizing and deploying the full array of homelessness programs and resources comprehensively and effectively, and to sustain existing federal, state, and local investments towards long-term sustainability of housing and supportive services. (HSC §§ 50232(a) and 50236(a).) To accomplish these goals, HHAP 5 requires applicants to create and implement a Regionally Coordinated Homelessness Action Plan, and to develop data-driven plans which fund the state’s priorities and commit to spending funds to sustain existing investments towards long-term sustainability of housing and supportive services, with a focus on permanent housing solutions.

On September 29, 2023, Cal ICH released the NOFA for Round 5 funding. Applications are due March 27, 2024.

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File #: 23-1077, Version: 1
The City’s funding allocation dollar amount under HHAP Round 5 will be released at a later date, pending the Department of Housing and Urban Development’s (HUD) certification of the 2024 Point in Time (PIT) Count findings.

Per HSC section 50234(a)(1), up to one percent of HHAP 5 funding is available to applicants for the purpose of planning for and preparing the Regionally Coordinated Homelessness Action Plan. The calculation for the planning allocation funding will be based on the 2022 PIT data.

Staff met with the Collaborative Applicant (County) and the Board Chair and Co-Chair of the Continuum of Care (CoC) to discuss the plan to meet the HHAP 5 Application and Regionally Coordinated Homelessness Action Plan requirements. It was determined that the City of Stockton is best positioned to lead the application process, including overseeing development of the Regionally Coordinated Homelessness Action Plan . Costs associated with planning for and preparing the Regionally Coordinated Homelessness Action Plan will be shared by each eligible funding entity (the City of Stockton, the CoC, and the County) according to their proportionate share of the available planning allocation. The City will submit the joint Application to Cal ICH on behalf of the San Joaquin County Region. The City intends to receive its funding allocation directly.

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. Staff issued an informal Request for Proposals for Regional Homeless Action Plan Consultant solicitations to four professional consulting firms, a local nonprofit with facilitation expertise, and to the Continuum of Care listserv. The City, County, and CoC does not have sufficient staff or resources to complete a regionally coordinated homeless action plan within the required timeline. Further, an independent consultant is better suited to solicit countywide stakeholder involvement and to identify regional goals and strategies.

2. The Regional Homeless Action Plan requirements are extensive, including significant stakeholder engagement involvement and data collection efforts. The level of effort required to conduct a comprehensive regionally coordinated homeless action plan, as required for this grant, could feasibly take upwards of six months to a year. Once a consultant contract is awarded, there will be approximately three months to complete the scope of work. A formal competitive bidding process would have further shortened the timeline.

3. This contract involves the acquisition of a specialized consultant with a firm understanding of the SJC Region and of the complex issues of homelessness, housing, vulnerable populations, or related fields such as mental health and social services. Because of the specialized nature of the work, a thorough evaluation of the proposers’ strengths and resources to carry out the scope within the timeline is imperative, rather than selecting the lowest responsive price.

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File #: 23-1077, Version: 1

FINANCIAL SUMMARY
There is no financial impact to the City's General Fund or any other unrestricted fund as a result of this action. HHAP 5 funding will be appropriated and budgeted in the Special Grant Fund in the Housing Division. The consultant contract will be supported with available HHAP 4 funds, and later reimbursed with HHAP 5 funds once received, as allowed by grant guidelines.

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City of Stockton
Legislation Text
File #: 23-1060, Version: 1
APPROVE MOTION TO EXECUTE A ONE (1) YEAR STANDARD AGREEMENT BETWEEN

PROFORCE LAW ENFORCEMENT (PROFORCE) AND THE CITY OF STOCKTON (CITY) FOR THE GLOCK FIREARMS AND RED DOT OPTICS IN AN AMOUNT NOT TO EXCEED $184,826 (PUR 24-012)

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

1. Authorize the City Manager to execute a one-time purchase from ProForce, in an amount not to exceed $184,826;

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

Summary
The Stockton Police Department (SPD) is seeking to equip its officers with Red Dot Optics for their duty pistols, a rapidly emerging industry standard in law enforcement. These optics are favored for their user-friendly functionality and heightened accuracy, crucial factors in ensuring our community's and officers' safety during high stakes, dynamic incidents. Examinations and assessments of the AimPoint Acro P2 Red Dot Optic have revealed a notable enhancement in accuracy across all levels of firearm proficiency. Under PUR-24-012, the SPD advertised to purchase as many Glock Firearms and Red Dot Optics units as possible within the project budget of $185,000.

DISCUSSION
Background
The use of Red Dot Optics on duty handguns has proven to increase “hit ratios” in officer involved shootings, reduce liability, and increase qualification rates. The use of such optics is becoming the industry standard, with departments as large as the Los Angeles Police Department utilizing Red Dot Optics. Some local departments (i.e., Tracy Police and San Joaquin County Sheriff’s Office) have already switched to a Red Dot Optics system.

During an evaluation period conducted within SPD, the Department observed a significant increase in firearm accuracy from less-tenured patrol officers to seasoned SWAT firearms instructors with Red Dot Optics.

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File #: 23-1060, Version: 1
Present Situation
A Sealed Bid for a minimum purchase of 221 Glock Firearm and Red Dot Optics with trade in value was published in The Record on October 3, 2023. The Sealed Bid was emailed to multiple regional and local area vendors. On October 26, 2023, two bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(including all taxes & fees) (to include trade-in value) ProForce Law Enforcement $217,000 $144,512
(Prescott, AZ)
LC Action Police Supply $221,588 $151,520
(San Jose, CA)
Stockton Municipal Code section 3.68.090 gives a five percent bid preference to businesses located within the City of Stockton and a two percent bid preference to businesses located within San Joaquin County. There are no responsive bidders located within the City of Stockton or San Joaquin County, therefore, application of the Local Business Preference does not apply.

The bid from ProForce meets the bid specification. The ProForce response included a total of 249 units, with an applicable trade-in value, in the amount not-to-exceed $184,826, including taxes and fees. It is recommended that Council approve a motion authorizing the purchase of 249 Glock Firearms and Red Dot Optics with trade-in value from ProForce in the total amount not to exceed $184,826.

FINANCIAL SUMMARY
The FY 2023-24 Annual Budget includes sufficient appropriation in the Police Department’s Special Revenue Fund for the purchase contract of Glock Firearms and Red Dot Optics, net trade-in, with ProForce, for a total cost of $184,826, funded by an appropriation from the State of California’s Citizens Option for Public Safety (COPS) program.

Attachment A - ProForce Law Enforcement Standard Agreement City of Stockton Printed on 12/7/2023Page 2 of 2
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CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton ("City") and I Agreement Number:

ProForce Law Enforcement ("Contractor") to provide Glock Firearms and Red Dot Optics 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: 12/18/2023 Terminates on: 12/18/2024

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: $ !184,826 I

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A - Statement of Work
(b) Exhibit B - Insurance
(c) Exhibit C
- General Terms & Conditions
(d) Exhibit D- Professional Services Special Terms & Conditions (e) Exhibit E - Compensation Schedule
(f) Exhibit F - Timeline
_ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
ProForce Law Enforcement
Contractor's Name (if-otner than an individual, state whether a corporation, partnership, etc.):
/: /-. , �-th t\ - \ Ir\ ---z_ 01. 3
Authorized Signature •• / Date
i,./
\':) BN �eJC)N� � ?QG �1- C)E rv-C
Printed Name and Title of Person Signing
2625 Stearman Rd. Ste A, Prescott, AZ 86301
Address
Harry Black, City Manager
ATTEST:

Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:
(Rev. 10.27.22)

CITY OF STOCKTON
1 Date

ATTACHMENT A
246

1. 2.

Proiect Obiectives

EXHIBIT A

STATEMENT OF WORK

1.1 Contractor will equip Stockton Police Department (SPD) officers with Glock Firearms and Red Dot Optics for their duty weapon as specified in this agreement.

Proiect Scope

2.1 Contractor shall deliver SPD with 249 Glock Firearms and Red Dot Optics.

2.2 Contractor shall provide shipping labels necessary to facilitate the trade in process.

3. Specifications

3.1 3.2

3.3 (Rev. 10.30.18)
During the term of this agreement, the Contractor shall provide the following:

Ouantitv Items
249 Glock G45 MOS FXD 9MM PISTOL W/STANDARD
POLYMER SIGHTS & W/3 MAGS
249 GL-329 SIGHTS W/TRITIUM FRONT & REAR SETS,

WHITE OUTLINE
249 AIMPOINT AGRO P2 RED DOT SIGHT
249 ADAPTOR MOUNTING PLATE FOR ABOVE

COMBINATION
249 TRADE-IN GLOCK G4S AMGLO 9MM PISTOL W/3
MAGS
Contractor shall deliver the Glock Firearms and Red Dot Optics to the SPD Firing Range at no cost.

Contractor shall provide shipping for trade in firearms at no cost to the City.

3.3.1 The firearms for trade in shall remain in possession of the City until the new firearms have been received and distributed to the officers. 1 ATTACHMENT A
247

4. Criteria of Acceptance for Deliverables

4.1 Contractor shall provide new and unused units; substitutes are not permitted.

4.2 Contractor shall provide Glock Firearms and Red Dot Optics within 90 days of a fully executed contract to the following location:

Stockton Police Department Firing Range
Attn: Officer Jamie Morin
3040 Navy Drive
Stockton, CA 95202

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

Contractor: ProForce Law Enforcement
Attn: Dan Rooney
2625 Stearman Rd Ste A
Prescott, AZ 86301

6. Key Personnel
Dan Rooney
President
ProForce Law Enforcement
Phone# {928) 776-7192
Email Address: [email protected]
2 (Rev. 10.30.18)
City: City of Stockton
Attn: City Manager
425 N. El Dorado Street
Stockton, CA 95202

ATTACHMENT A
248
(Rev. 10.30.18)

EXHIBIT B

INSURANCE
(INTENTIONALLY LEFT BLANK)

ATTACHMENT A
249

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 pe1iormance 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 (Rev. 10.30.18; Mod 05.08.23 RM)

ATTACHMENT A
250
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.

Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

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

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

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

9. Contractor's Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise 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 (Rev. 10.30.18; Mod 05.08.23 RM)

ATTACHMENT A
251
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 (Rev. 10.30.18; Mod 05.08.23 RM)

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

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City
loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in 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.
4 ID011 1 n 2() 1 0, 11/lnrl f'IC no ,2 011,1\

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

18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a 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 (Rev. 10.30.18; Mod 05.08.23 RM)

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

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, 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/st atutes/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 Maieure. 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 (Rev. 10.30.18; Mod 05.08.23 RM)

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

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

31. Entire Agreement, Integration, and Modification.

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

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

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

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 {Rev. 10.30.18; Mod 05.08.23 RM)

ATTACHMENT A
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EXHIBIT D

GOODS AND SERVICES 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 purchase of goods and services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions ("GTC") Exhibit C, and all other Exhibits identified in the Standard Agreement.

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

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

3. Time for Performance.

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

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor's agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other 1 (Rev. 4.18.22)

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

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

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

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

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its 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 2 (Rev. 4.18.22)

ATTACHMENT A
258
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. 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.

7. Findings Confidential
All 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.

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

9. Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or 3 (Rev. 4.18.22}

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advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor's warranty shall survive delivery of Deliverable and shall not be deemed waived by City's failure to discover defects, acceptance of the Deliverable, or payment, therefore.

10. Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City's instruction.

11. Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets ("SOS") to City.

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.

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

CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1 (a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is 4 (Rev. 4.18.22)

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registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

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

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

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

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

Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately.

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

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

15. Price and Quantities
5 (Rev. 4.18.22)

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Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.
6 (Rev. 4.18.22)

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EXHIBIT E

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

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $184,826 (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.
1 (Rev. 10.30.18)

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

1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed 0%.

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

Quantity Description Unit Price Task Price
249 Glock G45 MOS FXD 9MM $429.00 $106,821

PISTOL W/STANDARD
POLYMER SIGHTS & W/3
MAGS
249 GL-329 SIGHTS W/TRITIUM $60.80 $15,139

FRONT & REAR SETS,

WHITE OUTLINE
249 AIMPOINT AGRO P2 RED $442.68 $110,228

DOT SIGHT
249 ADAPTOR MOUNTING $49.42 $12,306

PLATE FOR ABOVE

COMBINATION
249 TRADE-IN GLOCK G45 ($328.00) ($81,672)
AMGLO 9MM PISTOL W/3
MAGS

9.000% Sales Tax $22,004
TOTAL PRICE $184,826

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

City of Stockton Police Department
Attention: Fiscal Affairs
22 E. Weber Ave., Fourth Floor
Stockton, CA 95202
(Rev. 10.30.18}
2 ATTACHMENT A
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EXHIBIT F

TIMELINE

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

1.1 TIMELINE FOR COMPLETION OF WORK
(Rev, 10.27.22)

1.1.1 Deliver 249 Glock Firearms and Red Dot Optics to SPD Firing Range within 90 days from the fully executed contract.

1.1.2 Receive trade in firearms from the City within 90 days from the initial delivery date of 249 Glock Firearms and Red Dot Optics, unless specified through written notice.

ATTACHMENT A
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City of Stockton
Legislation Text
File #: 23-1062, Version: 2

ADOPT RESOLUTION TO AUTHORIZE THE SWENSON PARK GOLF COURSE FENCE

REPLACEMENT PROJECT

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

1. Approve Notice of Exemption No. NOE60-23 under the California Environmental Quality Act for the Swenson Park Golf Course Fence Replacement, Project No. WB24033.

2. Approve reallocation of Council Discretionary Funding, in the amount of $25,000, from the Pixie Woods Suspension Bridge Replacement, Project No. WP22039, to the Swenson Park Golf Course Fence Replacement, Project No. WB24033.

3. Award a Construction Contract, in the amount of $230,720, to Arrow Fence Company of Rocklin, CA, for the Swenson Park Golf Course Fence Replacement, Project No. WB24033.

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

Summary
Swenson Park Golf Course is a 214-acre property that opened in 1952 and is located at 6803 Alexandria Place (Attachment A - Vicinity Map). The exterior fencing and gates located at the golf course were damaged during winter storms and now require replacement. The project will remove the existing chain link fence and gates located on the south and west sides of the golf course and replace with a new wrought iron fence and two double swing gates.

On October 5, 2023, the City received four bids for this project. Staff recommends Council award a Construction Contract to the lowest responsive bidder, Arrow Fence Company of Rocklin, CA, in the amount of $230,720. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE60-23 under the California Environmental Quality Act (CEQA) and approving the reallocation of Council Discretionary Funding for the project.

DISCUSSION
Background
Swenson Park Golf Course is a 214-acre property that opened in 1952 and is located at 6803 Alexandria Place. In January 2023, a series of storms brought heavy rainfall, flooding, and strong winds to the San Joaquin Valley. During this storm, damage occurred to the exterior fencing of the City of Stockton Printed on 12/7/2023Page 1 of 3
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golf course along Benjamin Holt Drive and Plymouth Road, and now requires replacement.

On May 2, 2023, by Resolution No. 2023-05-02-1502, Council approved discretionary funding in the amount of $230,000 and appropriated funding to the Swenson Park Golf Course Fence Replacement, Project No. WB24033. The project will remove the existing chain link fence and gates located on the south and west sides of the golf course and replace them with a new wrought iron fence and two double swing gates.

On November 16, 2021, by Resolution No. 2021-11-16-1501, Council approved discretionary funding in the amount of $120,000 and appropriated funding to the Pixie Woods Suspension Bridge Replacement, Project No. WP22039. This project is complete, and the work was accomplished under budget. There is an approximate amount of $92,000 in remaining funds. Of this remaining amount, Public Works is recommending reallocation of $25,000 to the Swenson Park Golf Course Fence Replacement, Project No. WB24033 for contingency purposes.

Present Situation
On September 7, 2023, the Swenson Park Golf Course Fence Replacement, Project No. WB24033, was advertised for bids. On October 5, 2023, four bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Arrow Fence Company $230,720.00 $230,720.00
(Rocklin, CA)
Stockton Fence & Material Co. $290,296.00 $275,781.20
(Stockton, CA)
Roebbelen Contracting, Inc. $307,501.00 $307,501.00
(El Dorado Hills, CA)
Crusader Fence Company, LLC $486,611.00 $486,611.00
(Rancho Cordova, CA)
Engineer’s Estimate Below $160,000.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Stockton Fence & Material Co. is located within the City limits and is entitled to a five percent bid preference. Application of the Local Business Preference has no effect on the bid results. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from Arrow Fence Company, the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. Staff recommends Council award a Construction Contract to Arrow Fence Company of Rocklin, CA, in the amount of $230,720.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, City of Stockton Printed on 12/7/2023Page 2 of 3
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File #: 23-1062, Version: 2
section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) (Existing Facilities) of the CEQA Guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE60-23 under CEQA.

FINANCIAL SUMMARY
With the reallocation of Council Discretionary Funding in the amount of $25,000 from the Pixie Woods Suspension Bridge Replacement, Project No. WP22039, to the Swenson Park Golf Course Fence Replacement, Project No. WB24033, there will be sufficient funding to award a Construction Contract to Arrow Fence Company of Rocklin, CA, in the amount of $230,720.

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

Attachment A - Vicinity Map
City of Stockton Printed on 12/7/2023Page 3 of 3
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$77$&+0(17$

SWENSON PARK GOLF COURSE FENCE REPLACEMENT
PROJECT NO. WB24033

VICINITY MAP
Swenson Park
Golf Course

VICINITY MAP

NOT TO SCALE

PROJECT LOCATION
269
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE60-23,

REALLOCATING COUNCIL DISCRETIONARY FUNDING, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE SWENSON PA RK GOLF COURSE FENCE REPLACEMENT, PROJECT NO. WB24033

On October 5, 2023, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Swenson Park Golf Course Fence Replacement, Project No. WB24033; and

The project will remove the existing chain link fence and gates on the south and west sides of the golf course and replace with a new wrought iron fence and two double swing gates; and

Arrow Fence Company is the lowest responsive bidder in the amount of $230,720 and its bid is regular in all respects; and

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

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

1. The City Council approves the filing of Notice of Exemption No. NOE60-23 under the CEQA for the Swenson Park Golf Course Fence Replacement, Project No.

WB24033, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the reallocation of Council Discretionary Funding in the amount of $25,000 from the Pixie Woods Suspension Bridge Replacement, Project No. WP22039, to the Swenson Park Golf Course Fence Replacement , Project No.

WB24033.

3. The City Council awards a Construction Contract between the City of Stockton and Arrow Fence Company in the amount of $230,720, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

//
//
//
270

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 December 12, 2023 .

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

___________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
271
TO: COUNTY CLERK

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

CITY OF STOCKTON

NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
c/o Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA
Project Title: SWENSON PARK GOLF COURSE FENCE REPLACEMENT, PROJECT NO. WB24033 CEQA Exemption File No.: NOE 60-23
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be demolishing, removing, and disposing of an existing chain link fence along the south and west sides of the Swenson Park Golf Course and constructing new wrought iron fencing and two double swing gates.

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

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

The activity is exempt under the "general rule" at CEQA Guidelines Section15061 (8)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: ___ _ _ X_ The project is "Categorically Exempt" per CEQA Guidelines Section 15301 (c).

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

JODI ALMASSY, DIRECTOR

PUBLIC WORKS DEPARTMENT
By �;_ � �adwhr
Ja eMachado, Faciities Manager
November 22 2023
(DATE OF PREPARATION)

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

Signature Title
Posting Period Ending Date
EXHIBIT 1
272

CONSTRUCTION CONTRACT
This co ntract is made and entered into on _____________, by and between ARROW FENCE COMPANY , a STATE OF CALIFORNIA CORPORATION, , with a business address at 4025 C INCINNATI AVE, ROCKLIN, CA 95765 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of SWENSON PARK GOLF COURSE FENCE REPLACEMENT (PROJECT NO. WB24033), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; a nd
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR by Council Resolution No. __________________, on ________________.

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

CONTRA
CTOR agrees:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $230,720.00, or as otherwise mutually agreed to in a Contract Change Order.

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

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

EXHIBIT 2

273
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 A
dditional 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 l
imits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess i nsurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self - insurance shall be called upon to protect it as a named insured.

All s
elf-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.

Pol
icies 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 CI
TY reserves the right to obtain a full certified copy of any i nsurance policy and endorsements.

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

CONT
RACTOR 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.

CONT
RACTOR 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. I
NDEMNITY AND HOLD HARMLESS. To the f ullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and EXHIBIT 2

274
expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, 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. S
TANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

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

6. W
ORKING DAYS. T his work shall be diligently prosecuted to completion before the expiration of 15 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of TWO THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($2,400) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

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

EXHIBIT 2

275
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works , inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

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

7. CO
NFORMANCE TO APPLICABLE LAWS. Contr actor 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. TITL
E VI
Ti
tle 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 C
ity of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The C
ity 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
EXHIBIT 2

276
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. PREVAI

LING WAGE
CO
NTRACTOR 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 e nsure that the prevailing wage rates of concern is current and paid to the employee.
i. T
he 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. Shoul
d the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any l aborer, 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 EXHIBIT 2

277
deducted from the payments to be made under the terms of this contract.
iii. T
he CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Complianc e Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The C
ONTRACTOR 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. LO

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

3.68.095.
f. SA

NCTIONS
Del
iverables 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.

CI
TY agrees:

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

EXHIBIT 2

278

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 depos it.

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

10. CHANGE
ORDE RS. 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 suc
h 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 wi ll not become effective until approved by the City Manager and/or the City Council.

Proc
essing 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. AUDIT
S. CI TY 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.

CONT
RACTOR 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 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.
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EXHIBIT 2

279

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

ATTES
T: CITY:

ELIZA R. GARZA

CITY CLERK
By:

By: HARRY BLACK

CIT Y MANAGER

APPROVED
AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ARROW FENCE CO MPANY
By:

DEPUTY CITY ATTORNEY
Tax I dentification No.

EXHIBIT 2

280

SWENSON PARK GOLF COURSE FENCE REPLACEMENT
PROJECT NO. WB24033

BID DING SCHEDULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs shall include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive. Contract will be awarded to the lowest Base Bid. It is the City's sole discretion to add, or not, the Alternate Bid to Base Bid contract.

Base Bid
Item
1 2
3 4
Alternate Bid
Item
1 Bid Forms
Description Unit

MOBILIZATION LS

TRAFFIC CONTROL LS

CHAIN LINK FENCE DEMO, LF REMOVAL & DISPOSAL

INSTALL COMMERCIAL CURVED

TOP SENTRY STYLE WROUGHT LF IRON FENCE & DOUBLE SWING
GATES
Description Unit

CONCRETE MOW BAND PER

ATTACHMENT C (STANDARD
LF DRAWING M-6) NOTE 8 (INCLUDES 5

ADDITIONAL WORKING DAYS)
Quantity Unit price Total Price
1 $2,500.00 $2,500.00
1 $1,500.00 $1,500.00
2,080 $5.0 $10,400.00
2,080 $104.0 $216,320.00
Quantity Unit price Total Price
2,081 $46.0 $95,726.00
BASE BID $230,720.00
ALTERNATE BID $95,726-00
BIDDER'S NAME Arrow Fence Company
Last Revised 12/31/20
EXHIBIT 2

EXHIBIT A
281

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

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

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

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

1. List of Subcontractors

2. Non-Collusion Declaration

3. DIR Self-Certification

4. Title VI Self-Certification

5. Local Employment Ordinance Acknowledgement

6. Local Business Preference Acknowledgement

THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS
Arrow Fence Company
Name of Firm
4025 Cincinnati Ave
Address
1101976 C-13
916-636-3030
Phone
Rocklin
City
Contractor Lie. No. & Classification
88-3512951
Tax I.D. No.

CA-95765
State Zip
03/31/2025
Expiration Date
NOTE - State law requires bidders on public agency contracts to include on their bid: (1) their State contractors license number, (2) the license expiration date, and (3) a statement that the representations made therein are made under penalty of perjury. The law further states that "Any bid not containing this information, or bid containing information which is substantially proven false shall be considered non-responsive and shall be rejected by the public agency."

THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENAL TY OF PERJURY \ 21\ '-- � :c-0

BIDDER SIGN
<= HERE Secretary/Owner
Signature Title
Bid Forms Last Revised 12/31/20
EXHIBIT 2

EXHIBIT A
282
Registrations
I of2
[Contractor Information
Legal Entity Name
Arrow Creative Solutions, Inc.

Legal Entity Type
Corporation
Status
Active
Registration Number
PW-LR-1000987123
Registration effective date
07/01/23
Registration expiration date
06/30/24
Mailing Address
4025 Cincinnati Ave. Rocklin 95765 CA United States ...

Physical Address
4025 Cincinnati Ave. Rocklin 95765 CA United States ... ' Email Address
' [email protected]
Trade Name/OBA
Arrow Fence Company
License Number (s)
CSLB:1101976
Legal Entity Information
Corporation Entity Number:

Federal Employment Identification Number:

President Name:

Vice President Name:

Treasurer Name:

Secretary Name:

CEO Name:

Agency for Service:
https://cadir.my.salesforce-sites.com/ContractorSearch/registrationSearchDetails?id=alR8yO0 ...

Registration History
Effective Date
11/02/22
07/01/23
5175087
883512951
Satanter Randhawa
Onkar Notra
Ravinder Gill
06/30/24
10/4/2023, 6:43 AM
EXHIBIT 2

EXHIBIT A
283
Exhibit B:

Insurance Requirements for Construction Contracts
(Swenson Park Golf Course Fence Replacement WB24033)
Contr
actor 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 SCO

PE AND LIMIT OF INSURANCE
Cover
age shall be at least as broad as:

1. Comm
ercial 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. Auto
mobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits 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 Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Surety
Bonds as described below.

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-In
sured 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 EXHIBIT 2