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, January 23, 2024
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 24-0032
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
3.2 24-0033 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Manager
This Closed Session is authorized pursuant to Government Code section 54957.
Department: City Attorney
3.3 24-0034 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Attorney
This Closed Session is authorized pursuant to Government Code section 54957.
Department: City Attorney
3.4 24-0035 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
1 January 23, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action:
City Clerk
This Closed Session is authorized pursuant to Government Code section 54957.
Department: City Attorney
3.5 24-0036 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Number of Cases: One
To
discuss matters pertaining to the threat of 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 24-0038
APPOINTMENT TO THE CHARTER REVIEW ADVISORY
COMMISSION
Recommended Action: RECOMMENDATION
Resolution ratifying the Councilmember Villapudua's appointment to the Charter Review Advisory Commission for a term commencing immediately ending December 31, 2026
Department: City Clerk
2 January 23, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Attachment A - Redacted Application.pdf
Proposed Resolution
Attachments:
12.2 24-0050 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of September 12, 2023, October 17, 2023, and October 24, 2023.
Department: City Clerk
Attachment A – 2023-09-12 Minutes.pdf
Attachment B – 2023-10-17 Minutes .pdf
Attachment C – 2023-10-24 Minutes .pdf
Attachments:
12.3 23-1186 APPROVE MOTION TO ADD ADDITIONAL FUNDING TO THE
EXISTING CONTRACT WITH CO OCCUPATIONAL MEDICAL
PARTNERS (COMP) FOR PRE-EMPLOYMENT HEALTH SERVICES
Recommended Action:
RECOMMENDATION
It is recommended that the City Council approve a motion to add additional funding to the existing contract with Co Occupational Medical partners (COMP) for pre-employment health services.
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 agreement.
Department: Human Resources
Attachment A - COMP Services Agreement AmendmentAttachments:
12.4 23-0916 APPROVE A MOTION TO EXECUTE A CONTRACT WITH KLEAR.AI LLC TO IMPLEMENT AND MAINTAIN A RISK
MANAGEMENT INFORMATION SYSTEM
3 January 23, 2024City 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 approve a motion to:
1. Approve entering into a service agreement with Klear.ai LLC to implement and maintain a Risk Management Information System (RMIS);
2. Authorize the City Manager to execute a three (3) year service agreement with Klear.ai LLC to implement and maintain a Risk Management Information System (RMIS);
3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
4. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Department: Human Resources
Attachment A - Klear.ai ContractAttachments:
12.5 23-0917 APPROVE A MOTION TO JUSTIFY EXCEPTION TO THE
COMPETITIVE BID PROCESS AND ENTER INTO SERVICE
AGREEMENTS WITH SIX PROVIDERS TO ESTABLISH A
CITYWIDE TEMPORARY EMPLOYMENT SERVICES POOL
Recommended Action:
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve entering into service agreements with 22nd Century Tech Sled, Tryfacta, AppleOne, Info Jini Inc., Abacus, and Bolt Staffing to establish a citywide temporary employment services pool; and
2. Authorize the City Manager to execute a three (3) year service agreement with the option of two (2), one (1) year extensions to establish a citywide temporary employment services pool; and
3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
4. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the motion.
Department: Human Resources
Attachment A - 22nd Century
Attachment B - Tryfacta
Attachment C - AppleOne
Attachment D - Info Jini Inc
Attachment E - Abacus Service Corp
Attachment F - Bolt
Attachments:
4 January 23, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
12.6 23-1191
APPROVE A WAIVER OF CUSTOMER CREDITS UNDER THE
STATE WATER RESOURCES CONTROL BOARD WATER AND
WASTEWATER ARREARAGE PAYMENT PROGRAM
Recommended Action:
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving a waiver of customer credits applied under the State Water Resource Control Board Water and Wastewater Arrearage Payment Program.
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 this resolution.
Department: Municipal Utilities
Proposed ResolutionAttachments:
12.7 24-0029 APPROVE MOTION TO AUTHORIZE A FUNDS TRANSFER
AGREEMENT FOR THE MIRACLE MILE PEDESTRIAN CROSSING
IMPROVEMENTS, INCLUDING PEDESTRIAN CROSSING
UPGRADES IMPROVEMENTS, PUBLIC SAFETY IMPROVEMENTS,
AND REVITALIZATION IMPROVEMENTS
Recommended Action:
RECOMMENDATION
It is recommended that the City Council approve a motion to authorize the City Manager to execute a Funds Transfer Agreement between the City of Stockton and the California Department of Transportation for a total of $20,000,000 for the Miracle Mile Pedestrian Crossing Improvements, including Pedestrian Crossing Upgrades Improvements, Public Safety Improvements, and Revitalization Improvements.
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 - Caltrans Agreement
Attachments:
12.8 23-1131 ADOPT RESOLUTION TO AWARD A SERVICE CONTRACT FOR
PARKS MAINTENANCE AND JANITORIAL PROJECT
5 January 23, 2024City 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. Award a three-year Service Contract, in the amount not to exceed $4,871,952.53 annually, for a total of $14,615,857.59, to Al Fresco Landscaping, Inc. of Hollister, CA, for the Parks Maintenance and Janitorial, Project No. OM-23-039.
2. Authorize the City Manager to execute two optional one-year extensions to this Service Contract.
3. Amend the Fiscal Year 2023-24 Budget to increase expenditure appropriations as follows:
a. Increase the Public Works' Parks General Fund operating budget by $499,740.
b. Increase the Economic Development Department's operating budget by $100,260 for maintenance of Pixie Woods.
4. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Proposed Resolution
Exhibit 1 - Contract for Services
Attachments:
12.9 23-1148 APPROVE MOTION TO PURCHASE MISCELLANEOUS
EQUIPMENT
6 January 23, 2024City 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 approve a motion to:
1. Approve the specifications for the Request for Bids for Miscellaneous Equipment, Project No. OM-23-111.
2. Award a Purchase Agreement for one forklift from Holt of California of West Sacramento, CA, in the amount of $79,607.83.
3. Award a Purchase Agreement for one brush chipper from Cal-Line Equipment, Inc. of Livermore, CA, in the amount of $83,383.26.
4. Award a Purchase Agreement for two bucket trucks from Altec Industries, Inc. of Dixon, CA, in the amount of $471,206.82.
5. Award a Purchase Agreement for one trailer-mounted excavator and one power rodder from Owen Equipment Sales of Fairfield, CA, in the amount of $693,383.94.
6. Award a Purchase Agreement for two sewer camera vans from Jack Dohney Company of Northville, MI, in the amount of $855,040.03.
7. Award a Purchase Agreement for one valve-turning truck from E.H.
Wachs - A Division of ITW of Lincolnshire, IL, in the amount of $164,582.83.
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 - Equipment Replacement List
Attachment B - Holt of California
Attachment C - Cal-Line Equipment
Attachment D - Altec Industries, Inc.
Attachment E - Owen Equipment Sales
Attachment F - Jack Doheny Company
Attachment G - EH Wachs - A Division of ITW
Attachments:
12.10 23-1165 ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AND SUBMIT THE TRANSPORTATION DEVELOPMENT
ACT CLAIM FOR FISCAL YEAR 2023-24
7 January 23, 2024City 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 authorize the City Manager or his designee to:
1. Execute and submit a claim to the San Joaquin Council of Governments for the Transportation Development Act tax revenue for the 2023-24 fiscal year.
2. Receive and deposit the proceeds in Transportation Development Act Fund 245 pursuant to State of California requirements.
It is recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Proposed ResolutionAttachments:
12.11 23-1173 ADOPT RESOLUTION TO AUTHORIZE THE STREETLIGHT KNOCKDOWN REPAIRS PHASE 7 PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE58-23 under the California Environmental Quality Act for the Streetlight Knockdown Repairs Phase 7, Project No. OM-23-016.
2. Approve the plans and specifications for the Streetlight Knockdown Repairs Phase 7, Project No. OM-23-016.
3. Award a Construction Contract in the amount of $122,723 to Ray's Electric of Oakland, CA, for the Streetlight Knockdown Repairs Phase 7, Project No. OM-23-016.
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 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:
12.12 24-0072 ADOPT AN ORDINANCE AMENDING CHAPTER 5.104 TO THE
STOCKTON MUNICIPAL CODE RELATED TO TOBACCO
RETAILERS
8 January 23, 2024City 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:
1. Adopt an ordinance amending Chapter 5.104 to the Stockton Municipal Code relating to tobacco retailers, creating additional exemptions to the Chapter 5.104 distancing restrictions.
2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.
Department: Administrative Services
Attachment A - Proposed Ordinance Red-lined Version
Proposed Ordinance
Attachments:
13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. NEW BUSINESS
15.1 24-0048
ACCEPT THE FISCAL YEAR 2022-23 FOURTH QUARTER
BUDGET STATUS UPDATE, AUTHORIZE BUDGET
AMENDMENTS, AND MAKE ALLOCATIONS TO GENERAL FUND
RESERVES
9 January 23, 2024City 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. Accept this budget status report on the unaudited results of the fourth quarter of Fiscal Year (FY) 2022-23.
2. Allocate the General Fund Vacancy Savings budget reduction for FY 2022-23 from Other Administration (Non-Departmental) category to the following departments:
Reduce Expenditure Budget:
Department Amount
a. City Clerk
b. City Manager
c. Office of Violence Prevention
d. City Attorney
$ 37,000
$125,000
$ 67,000
$ 93,000
e. Economic Development $107,000
$429,000Increase Expenditure Budget:
Other Administration $429,000
3. Authorize a reserve for future appropriation of $925,000 from FY 2022-23 ending balance in the General Fund to reimburse the United States Department of Housing and Urban Development for costs deemed ineligible associated with Oak Park Ice Arena improvements.
4. Authorize a reserve for future appropriation of $1,469,000 from FY 2022-23 available funds for the estimated increase in the Assured Guaranty Settlement contingent payments for a total reserve of $3,600,000.
5. Authorize a FY 2022-23 General Fund appropriation of $21,450,000 for Council priority projects including restoration of Fire Station 7, parks maintenance, and the Victory Park Pool.
6. Allocate available fund balance to reserve categories consistent with the Council Reserve and Fund Balance Policy - General Fund Policy. The net increase in fund balance will be added to the current reserve levels, as displayed in Table 6, to achieve the total reserve amounts as follows:
Priority 1 Reserves
Working Capital $48,300,000
Known Contingency $68,000,000
Priority 2 Reserves
Risk-Based Reserves $10,800,000
7. Authorize a FY 2022-23 budget amendment increasing expenditure and revenue appropriations in the Downtown Marina Fund by $8,500.
It is further recommended that the City Manager be authorized to take
10 January 23, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
appropriate and necessary actions to carry out the purpose and intent of the resolution.
Department: Administrative Services
Attachment A - FY22-23 GF Year-End Budget Update
Attachment B - FY22-23 GF Year-End Revenues
Attachment C - Recommended Projects
Attachment D - FY22-23 Year-End Other Fund Summary
Proposed Resolution - FY22-23 4th Quarter
PPT - 15.1 - FY22-23 Year End Budget Update
Attachments:
16. HEARINGS**
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
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 January 19, 2024, in compliance with the Brown Act.
Eliza R. Garza, CMC
City Clerk
By: ________________________________
Deputy
11 January 23, 2024City 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. Email - you may email your comments to [email protected]
2. Voicemail - you can leave a voice message by dialing (209) 937-8459.
3. 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
12 January 23, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
13 City of Stockton
Legislation Text
File #: 24-0038, Version: 1
APPOINTMENT TO THE CHARTER REVIEW ADVISORY COMMISSION
RECOMMENDATION
Resolution ratifying the Councilmember Villapudua’s appointment to the Charter Review Advisory Commission for a term commencing immediately ending December 31, 2026
DISCUSSION
Background
This is an advisory body that reports to the Charter Review Ad-Hoc Committee. The Commission has been tasked with a specific scope of work, concrete deliverables, and a time schedule for project completion that coincides with certain scheduled upcoming elections.
The Charter Review Advisory Commission was established by Council Resolution 2023-10-24-1502 and is comprised of seven appointees, each chosen by a City Council member, including the Mayor.
Present Situation
Due to the resignation of the previous District 5 appointment, at this time Anthony Wofford has been selected by Councilmember Villapudua and will be appointed with terms beginning immediately end December 31, 2026
FINANCIAL SUMMARY
There is no immediate financial impact to the General Fund from this appointment; there is no remuneration for service on the Charter Review Advisory Commission. There may be impacts to City staff time.
City of Stockton Printed on 1/19/2024Page 1 of 1
powered by Legistar™
14 Submit Date: Jan 10, 2024
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 5
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
10 The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Anthony T Wofford
Stockton CA
Anthony T Wofford
Attachment A
15 Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Charter Review Advisory Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to San Joaquin Regional Transit District Board Have you resided within the Transit District boundaries for at least one year? Yes No
Question applies to San Joaquin Regional Transit District Board Are you a resident of the City of Stockton?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I'm a native to stockton and I think its important to be involved in my community.
Please state the reason you would like to be a member of this board/commission.
This is my areas of interest. I think I can help represent my district well Anthony T Wofford
Attachment A
16 Have you served on an advisory group before?
Yes No
How did you hear about the position?
City website
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
AW
Date Signed
12/27/2022
Anthony T Wofford
Attachment A
17 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPOINTING ONE COMMISSIONER TO THE CHARTER REVIEW
ADVISORY COMMISSION
The Charter Review Advisory Commission is comprised of seven appointees, each chosen by a City Council member, including the Mayor; and
Having reviewed the active applications on file, Councilmember Villapudua has nominated Anthony Wofford to fill the vacancy; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Anthony Wofford is hereby appoi nted to the Charter Review Ad Commission, for a term effective immediately, and ending on December 31, 2026.
PASSED, APPROVED, and ADOPTED January 23, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk, City of Stockton
18 City of Stockton
Legislation Text
File #: 24-0050, Version: 1
APPROVAL OF CITY COUNCIL MINUTES
RECOMMENDATION
Approve the minutes from the City Council meetings of September 12, 2023, October 17, 2023, and October 24, 2023.
Attachment A - 2023-09-12 Minutes
Attachment B - 2023-10-17 Minutes
Attachment C - 2023-10-24 Minutes
City of Stockton Printed on 1/19/2024Page 1 of 1
powered by Legistar™
19 Attachment A
20 Attachment A
21 Attachment A
22 Attachment A
23 Attachment A
24 Attachment A
25 Attachment A
26 Attachment A
27 Attachment A
28 Attachment A
29 Attachment B
30 Attachment B
31 Attachment B
32 Attachment B
33 Attachment B
34 Attachment B
35 Attachment B
36 Attachment B
37 Attachment B
38 Attachment B
39 Attachment B
40 Attachment B
41 Attachment B
42 Attachment B
43 Attachment C
44 Attachment C
45 Attachment C
46 Attachment C
47 Attachment C
48 Attachment C
49 Attachment C
50 Attachment C
51 Attachment C
52 City of Stockton
Legislation Text
File #: 23-1186, Version: 1
APPROVE MOTION TO ADD ADDITIONAL FUNDING TO THE EXISTING CONTRACT WITH CO
OCCUPATIONAL MEDICAL PARTNERS (COMP) FOR PRE-EMPLOYMENT HEALTH SERVICES
RECOMMENDATION
It is recommended that the City Council approve a motion to add additional funding to the existing contract with Co Occupational Medical partners (COMP) for pre-employment health services.
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 agreement.
Summary
The City has an existing agreement with Co Occupational Medical Partners (COMP) to provide pre- employment health services. The existing contract term was approved for three (3) years with the option of two (2), one (1) year extensions, with a not-to-exceed of $430,000. We will be extending the contract and are requesting to increase the not-to-exceed amount by $400,000 based on the last three years of expenditures for services. The total maximum compensation for the entire five-year term shall not exceed $830,000.
The proposed contract extension will be effective January 1, 2024, with an option to renew one additional year through December 31, 2025 (Attachment A).
DISCUSSION
Background
On December 15, 2020, City Council approved Motion 2020-12-15-1107 authorizing agreements with the Permanente Group (Kaiser) and Co Occupational Medical Partners (COMP) to provide pre- employment occupational health services for three (3) years with the option of an additional two (2), one (1) year terms. Multiple awards were established to expand the City’s network of services to increase capacity and minimize service delays.
Present Situation
The City is allowing the Permanente Group agreement to expire and will only renew with Co Occupational Medical Partners (COMP) for pre-employment health services. Co Occupational Medical Partners (COMP) has demonstrated the ability to provide all pre-employment health services needed without delays.
City of Stockton Printed on 1/19/2024Page 1 of 2
powered by Legistar™
53 File #: 23-1186, Version: 1
FINANCIAL SUMMARY
Expenditures for pre-employment occupational services are based on the number of new hires and requirements for testing. Services can vary and are dependent on job classifications. Depending on the department’s hiring needs, the average cost per service can fluctuate slightly year over year.
These expenditures will be based on the scope of services and the listed compensation. As in previous years, funds have been appropriated to cover the cost of these services. · Human Resources General Fund (pre-employment services for full-time and part-time employees)
· Municipal Utilities Wastewater and Storm Drainage Fund (pre-employment physicals, non- Department of Transportation examinations, Department of Transportation examinations, Hepatitis immunizations, hazmat examinations)
· Community Services Recreation Services Fund (pre-employment services for part-time employees)
· Fire Department General Fund (annual wellness physical examinations) Attachment A - Co Occupational Medical Partners (COMP) Services Agreement Amendment City of Stockton Printed on 1/19/2024Page 2 of 2
powered by Legistar™
54 ATTACHMENT A
55 ATTACHMENT A
56 City of Stockton
Legislation Text
File #: 23-0916, Version: 1
APPROVE A MOTION TO EXECUTE A CONTRACT WITH KLEAR.AI LLC TO IMPLEMENT AND
MAINTAIN A RISK MANAGEMENT INFORMATION SYSTEM
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve entering into a service agreement with Klear.ai LLC to implement and maintain a Risk Management Information System (RMIS);
2. Authorize the City Manager to execute a three (3) year service agreement with Klear.ai LLC to implement and maintain a Risk Management Information System (RMIS);
3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
4. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Summary
The Risk Services Division in the Human Resources Department consists of ten disciplines: COVID oversight; workers compensation; Americans with Disabilities Act (ADA), medical, and religious accommodations; Industrial Disability Retirement (IDR); liability claims; safety; ergonomics; insurance; subrogation; and contract insurance review. Each of these disciplines has a unique and siloed system which does not allow for the sharing of data. Risk Services needs a system that will capture data and allow us to analyze and identify the City's risks. Analyzing the data will support us in identifying and implementing preventative measures to help reduce employee injuries, loss time, accidents, and claims with the goal of decreasing financial loss. A RMIS system works from a dashboard concept where all the above areas would be visible. Management could identify current claim counts, safety violations, outstanding insurance claims, subrogation recovery, employees on leave (either occupational or non-occupational), ADA accommodations, COVID data, and determine areas of frequency or severity to assign the correct resources. A RMIS system can pull/push data from third-party administrators such as MUNIS, ATHENS, Sedgwick, and import data history held on Excel spreadsheets.
Staff requests approval to contract with Klear.ai LLC for the implementation and maintenance of a Risk Management Information System (RMIS) to provide a reporting and analytics platform for all functions within risk services (Attachment A). This system will improve accuracy by automating tasks and streamlining workflows.
City of Stockton Printed on 1/19/2024Page 1 of 3
powered by Legistar™
57 File #: 23-0916, Version: 1
DISCUSSION
Background
The City issued a Request for Proposals (RFP) for a Risk Management Information System (PUR 24- 010) on September 26, 2023. The RFP review committee, consisting of representatives from Information Technology, Human Resources, and the Administrative Services Department, selected Klear.ai LLC to implement and maintain a Risk Management Information System.
Present Situation
The City of Stockton currently tracks Workers’ Compensation claims, industrial and non-industrial leaves, subrogation, liability claims, COVID-19 data, Americans with Disability Act (ADA) requests and accommodations, certificates of insurance, and safety reporting on excel spreadsheets. This does not allow the City to record or analyze data.
It is advantageous for the City to implement a RMIS to identify potential hazards and increased cost for claims due to high jury verdicts, improve the return to work process and injury prevention for Workers Compensation claims, track leaves to eliminate negative impacts on employees and the City, and assist with claims and subrogation collections in a timely manner.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. Use of the RFP process is appropriate for this software contract because, in addition to cost, it relies on the evaluation of professional qualifications and performance for the selection of a RMIS provider. The RFP process helps ensure selection of a vendor that will furnish a product that meets the City’s needs and provide responsive and timely support.
2. The City negotiated a contract following the solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
Human Resources is requesting to enter into a three (3) year agreement with Klear.ai LLC, not to exceed a total of $368,181. These costs consist of $278,181 for the software license for three (3) years, plus $90,000 in one-time fees for implementation and configuration. The agreement includes an option to extend the contract for two (2) additional years, on a year-to-year basis.
There is sufficient budget for this expenditure in the current FY 2023-24 appropriation to cover the first year of the contract, as follows:
45% General Liability 2530-000-630006-520-000-00-25-000-000- 45% Workers Compensation 2510-000-630006-530-000-00-25-000-000- 10% Safety 2530-043-630006-530-000-00-25-000-000-
City of Stockton Printed on 1/19/2024Page 2 of 3
powered by Legistar™
58 File #: 23-0916, Version: 1
Costs for subsequent contract years will be budgeted in the same accounts and subject to Council approval during the annual budget development process.
Attachment A - Klear.ai LLC Agreement
City of Stockton Printed on 1/19/2024Page 3 of 3
powered by Legistar™
59 Brijesh Kumar, Chief Executive Officer (CEO)
12-21-2023
ATTACHMENT A
60 ATTACHMENT A
61 ATTACHMENT A
62 ATTACHMENT A
63 ATTACHMENT A
64 ATTACHMENT A
65 ATTACHMENT A
66 ATTACHMENT A
67 ATTACHMENT A
68 ATTACHMENT A
69 ATTACHMENT A
70 ATTACHMENT A
71 ATTACHMENT A
72 ATTACHMENT A
73 ATTACHMENT A
74 ATTACHMENT A
75 ATTACHMENT A
76 ATTACHMENT A
77 ATTACHMENT A
78 ATTACHMENT A
79 ATTACHMENT A
80 ATTACHMENT A
81 ATTACHMENT A
82 ATTACHMENT A
83 ATTACHMENT A
84 ATTACHMENT A
85 ATTACHMENT A
86 ATTACHMENT A
87 ATTACHMENT A
88 ATTACHMENT A
89 ATTACHMENT A
90 ATTACHMENT A
91 ATTACHMENT A
92 ATTACHMENT A
93 ATTACHMENT A
94 ATTACHMENT A
95 ATTACHMENT A
96 ATTACHMENT A
97 ATTACHMENT A
98 ATTACHMENT A
99 ATTACHMENT A
100
ATTACHMENT A
101
ATTACHMENT A
102
ATTACHMENT A
103
ATTACHMENT A
104
ATTACHMENT A
105
ATTACHMENT A
106
ATTACHMENT A
107
ATTACHMENT A
108
City of Stockton
Legislation Text
File #: 23-0917, Version: 1
APPROVE A MOTION TO JUSTIFY EXCEPTION TO THE COMPETITIVE BID PROCESS AND
ENTER INTO SERVICE AGREEMENTS WITH SIX PROVIDERS TO ESTABLISH A CITYWIDE
TEMPORARY EMPLOYMENT SERVICES POOL
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve entering into service agreements with 22nd Century Tech Sled, Tryfacta, AppleOne, Info Jini Inc., Abacus, and Bolt Staffing to establish a citywide temporary employment services pool; and
2. Authorize the City Manager to execute a three (3) year service agreement with the option of two (2), one (1) year extensions to establish a citywide temporary employment services pool; and
3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
4. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the motion.
Summary
This item is being brought before Council to approve establishing a temporary employment services pool comprised of six (6) vendors to provide temporary employment services at various levels, including Clerical, Administrative, Information Technology, Accounting and Finance, Human Resources, Project Management, Legal, Customer Service and Mid to Senior level Management Services to best meet the needs of all departments (Attachments A-F).
The City issued a Request for Proposals (RFP) for Citywide temporary services (PUR 23-036) on May 30, 2023. The City received approximately 13 completed responses from various vendors, and the RFP review committee, consisting of representatives from the City Manager, Community Services, Municipal Utilities, Information Technology, Human Resources, and Administrative Services Department, reviewed all responses.
The following vendors were deemed to be the best-evaluated agencies and were selected for a contract award:
City of Stockton Printed on 1/19/2024Page 1 of 3
powered by Legistar™
109
File #: 23-0917, Version: 1
· 22nd Century Tech Sled
· Tryfacta
· AppleOne
· Info Jini Inc.
· Abacus
· Bolt Staffing
DISCUSSION
Background
As of 2017, the City has contracted with one vendor to provide temporary employee services to various departments. The current contract with ACRO Inc. is set to expire on December 31, 2023.
With the contract nearing expiration, the City issued an RFP for temporary employment services as the City may have a need to fill essential and necessary positions with temporary employees.
Present Situation
It is advantageous for the City to establish a pool of temporary services to provide for a variety of assignments requiring a wide range of skills necessary to temporarily fill positions to ensure the continuation of services citywide.
The contracts will be managed by the Human Resources Department. As needs arise for temporary staffing, Human Resources will work directly with departments to identify staffing needs, skill sets, and appropriate pay scales.
Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. Use of the RFP process is appropriate for this contract for citywide temporary employment services because it provides the ability to bring in temporary staff and choices for selection.
Establishing a pool of six (6) agencies to select temporary employment services provides a variety of skills necessary to cover different job classifications.
2. The City negotiated a contract following the solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
Human Resources is requesting to enter into six (6) service agreements not to exceed a total of $500,000. The annual expenditures for Temporary Employment Services are approximately $100,000 per year. Departmental temporary staffing needs fluctuate from year to year based on City of Stockton Printed on 1/19/2024Page 2 of 3
powered by Legistar™
110
File #: 23-0917, Version: 1
staffing levels, projects, and other operational needs. The departments that utilize temporary staffing, budget for these services each year and pay through department accounts as services are being used.
Attachment A - 22nd Century Tech Sled,
Attachment B - Tryfacta
Attachment C - AppleOne
Attachment D - Info Jini Inc.
Attachment E - Abacus
Attachment F - Bolt Staffing
City of Stockton Printed on 1/19/2024Page 3 of 3
powered by Legistar™
111
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
ATTACHMENT A
112
EXHIBIT A
STATEMENT OF WORK
1. Pro
ject Objectives
1.1 To pr
ovide the City of Stockton (City) with temporary employee services at various levels including but not limited to the following:
• Cleric
al
• Administrative
• Information Technology
• Accounting and Finance
• Human Resources
• Project Management
• Legal
• Customer Service
• Mid to Senior Level Management
2. Proj
ect Scope
2.1 Posi
tions and locations will vary within the City of Stockton based on the current needs. Resources, equipment, and facilities will be provided by the City of Stockton. Vendor shall provide a broad range of qualified applicants who are available to work on a part -time and/or temporary basis.
3. Specifications
3.1 The C
ity has specific job descriptions for each position. Job descriptions will be provided at the time a request is placed by the City. The City will request names of individuals who meet the minimum qualifications of the position and will conduct an interview of the eligible candidates. Only the most qualified candidate(s) will be selected.
3.2 The f
ollowing list provides a description of the types of positions that shall be needed:
• Prof
essional Category (Clerical and Administrative)
Administrative support, such as answering phones, scheduling appointments, data entry, and other general office tasks. • Infor
mation Technology
Installing software, troubleshooting, resolving computer issues, and setting up network infrastructure.
ATTACHMENT A
113
• Acc
ounting and Finance
Providing assistance with accounts payables and receivables, bookkeeping, and financial analysis.
• Huma
n Resources
Assisting with onboarding, reviewing employee records, communicating with candidates, scheduling interviews, and filing confidential paperwork.
• Proj
ect Management
Assisting with planning, coordinating resources, and tracking project progress.
• Legal S
ervices
Typing, filing, researching, document preparing, and assisting with case management.
• Cust
omer Service
Answering phones, taking messages, responding to inquiries, resolving issues, and dealing with the public.
• Ski
lled Craft (Trades)
Operating and repairing heavy equipment, driving city vehicles (Class A and B), specialized trades to include carpentry, electrical, plumbing, mechanical, inspection.
• Serv
ice and Maintenance
Light industrial work to include duties as a Janitor, Park Worker, Water Systems Operators, and/or Facility Aides.
• Mid t
o Senior Level Management
Providing expert, professional, and courteous service to the examinee and City of Stockton staff and consultants.
4. Majo
r Deliverables
4.1 Cont
ractor shall be required to adhere to all work policies , procedures and standards established by the City. The Contractor’s employees shall conform in all respects with regard to physical ; fire, and security/safety regulations while on the City premises.
4.2 Cont
ractor shall be responsible for:
ATTACHMENT A
114
4.2.1 Recruiting, hiring, and administering any evaluation and/or disciplinary actions, implementing any
reassignments and/or termination of contractor
employees provided to the City by Contractor
4.2.2 Maintaining a recruiting and hiring program that is in compliance with applicable federal and stat e
employment laws and implementing rules and
regulations, including but not limited to, Title VII of the Civil Rights Act of 1964 (“Title VII), the Americans with Disabilities Act (ADA”), the Age Discrimination in
Employment Act (“ADEA”), and the Fair Credit
Reporting ACT (“FCRA”)
4.2.3 Performing background screening on all contractor employees provided to the City to include screening of
credentials, licensure, personal history, qualifications , work history and references as well as criminal
background checks and fingerprint as provided herein.
Contractor shall ensure that all contractor employees
possess all certifications and qualifications necessary to enable them to perform their assignments.
4.2.4 Administering periodic performance evaluations for each contractor employee provided under this contract.
4.2.5 Informing contractor employees that they are required to adhere to the policies and proc edures of the City.
Contractor and/or its designee shall promptly notify the applicable department of any human- resource-type
issue raised by a contractor employee that may affect
the City, such as threats of violence , harassment,
discrimination, or retaliation.
4.2.6 Providing contractor employees all of City’s safety, drug/alcohol, work polices anti -harassment, anti -
discrimination and anti-retaliation polices and informing them that they are required to adhere to such policies.
Contractor shall establish a complaint and/or reporting procedure for violations of policies and instruct
contractor employees on the use of t he procedure.
Contractor shall obtain written acknowledgement from
each contractor employee provided under this contract
that she or he has re ad, understood, and agrees to
abide by those policies and procedures.
4.2.7 Providing harassment, discrimination, and retaliation training to all contractor employees provided under this contract. Contractor shall maintain a record of all such training. This record shall be available to the City upon request.
ATTACHMENT A
115
4.2.8 Informing contractor employees in writing that they are employed by Contractor, not the City.
4.2.9 Notifying contractor employees in writing that the only benefits they will receive will be from Contractor, and that they are not entitled to any benefits from the City.
4.2.10 Preparing and distributing an Employee Handbook to contractor employees that identifies and explains
Contractor’s policies and procedures that will be
followed during the course of contractor employees’
employment with Contractor.
4.2.11 Informing contractor employees in writing that job- related illness/injury reports are to be mad e to
Contractor. Contractor and/or its designee shall notify the City within 24 hours of receipt of any such reports.
4.2.12 Being solely responsible for, and holding City harmless from, all administrative employment matters regarding
contractor employees including, but not limited to, all payroll and payroll income tax withholding matters;
payment of workers’ compensation premiums, funding
of appropriate fringe benefit programs; and taking
responsibility for and complying with (including offering coverage, if required) the Affordable Care Act with
respect to its employees.
4.2.13 Paying contractor employees in compliance with
applicable wage and hour laws including, but not
limited to, the Fair Labor Standards Act (FLSA) .
Contractor shall maintain complete and accurate
records of all wages paid to its employees assigned to
provide services to the City. Contractor shall be
exclusively responsible for and will comply with
applicable law governing the reporting and payment of
wages, and payroll related and unemployment taxes
attributable to wages paid to its employees assigned to provide services to the City.
4.3 The C
ity shall have the right to interview all prospective personnel and to accept or reject any or all based upon the r equired skills and the background and experience of each individual. A resume may be required upon request prior to an interview.
4.4 The City observes various schedules, including a 9/80 schedule: 7:30am to 5:30pm Mondays through Thursdays; 8:00am to 5:00pm Fridays, with alternating Fridays off. May be required to work additional hours and/or weekends.
4.5 Lunch periods will range from 30 to 60 minutes as determined by the City. No payments shall be made for lunch periods.
ATTACHMENT A
116
4.6 Contractor will submit invoices for services provided by temporary employees in a timely manner.
4.7 The method of communication will be in English, either written and/or verbal.
4.8 The Contractor or contractor’s employee shall be responsible for transportation to and from the work location. Parking may or may not be provided.
5. Tasks Th
at Support the Deliverables
5.1 A bac
kground check is required for all employees of the Contractor’s staff providing services to the City. The cost of this service shall be incurred by the City.
5.2 Drug testing requirements will vary for each position. The City will identify if there is a drug test requirement at the time the position is requested. The cost of this service shall be incurred by the City.
5.3 Contractor employees shall report to job assignments dressed appropriately and with the equipment specified by the City.
6. Not
ices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, *-the mailing address for all required notices is as follows:
Contractor: 22nd Century Technologies, Inc. City: City of Stockton Attn: Isha Sharma Attn: City Manager
8251 Gree
nsboro Dr., Suite 900 425 N. El Dorado Street
McLean
, VA 22102 Stockton, CA 95202
7. Key Pe
rsonnel
Huma
n Resources will administer the contract and maintain connections between the hiring department and temporary agency.
8. Opt
ion to Renew.
The term of this agreement shall not exceed five ( 5) years
ATTACHMENT A
117
Exhibit 2:
Insurance Requirements
(Staff Augmentation Services)
Consult
ant 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 SCOP
E AND LIMIT OF INSURANCE
Covera
ge shall be at least as broad as:
1. Comme
rcial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Autom
obile Liability: 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. Profes
sional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
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 A
118
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.
ATTACHMENT A
119
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 Liability & 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 A
120
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 A
121
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT A
122
EXHIBIT C
GENERAL TE
RMS 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 Invoic
es 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 compl
etion 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 A
123
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 A
124
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 A
125
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. 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 E
xhibit 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 ATTACHMENT A
126
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 A
127
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 A
128
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.
7 ATTACHMENT A
129
EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The fol lowing words and phrases have the following meanings for purposes of this Agreement:
1.1 "Ser
vices" 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 f
ollowing 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 A
130
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 – G TC, 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 A
131
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. P ersonnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City . Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor . Contractor shall pay, when and as due, any and all taxes incurred as a 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 : Bec
ause of the special skills required to satisfy the
requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key 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 terms 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.
ATTACHMENT A
132
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City . Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement , in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
ATTACHMENT A
133
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 Cont ractor shall be paid on this Agreement is $83,333 Annually (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 P erformance 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 C ity 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.
ATTACHMENT A
134
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 Subco ntractor Costs: Compensation for sub contractors 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. Hourly Rates . The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor . Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this A
greement.
Hourly Billable Rate Sche dule
Category Bill Rate
Accountant I $30.90
Accountant II $39.00
Administrative Analyst I $31.59
Administrative Analyst II $36.73
Auto Painter/Repair Worker $32.50
Bookmobile Driver $27.30
Budget Analyst I $42.90
Budget Analyst II $46.80
Chemist $32.95
Circulation Assistant I $20.80
Circulation Assistant II $22.10
Combination Inspector I $31.52
Combination Inspector II $34.83
Community Development
Technician
$35.10
Computer Operator I $31.20
Computer Operator II $35.10
Craft Maintenance Worker I $24.70
Craft Maintenance Worker II $29.90
ATTACHMENT A
135
Category Bill Rate
Customer Service Assistant $23.40
Data Entry Specialist $24.68
Data Entry Operator I $20.15
Data Entry Operator II $22.10
Dispatcher $24.81
Electrical Technician I $31.76
Electrical Technician II $34.91
Electrician I $26.00
Electrician II $33.49
Engineering Aide $23.76
Engineering Technician I $31.08
Engineering Technician II $32.70
Facilities Maintenance Worker I $23.40
Facilities Maintenance Worker II $26.00
Facility Aide $22.10
Finance Assistant I $31.20
Finance Assistant II $36.40
Geographic Information Systems
Analyst I
$65.00
Geographic Information Systems
Analyst II
$71.50
Geographic Information Systems
Specialist I
$65.00
Geographic Information Systems
Specialist II
$71.50
Heating & Air Conditioning
Mechanic
$33.03
Human Resources Analyst I $33.80
Human Resources Analyst II $36.40
Human Resources Assistant I $33.80
Human Resources Assistant II $36.40
Hydrant Worker $22.62
Inspector I $31.52
Inspector II $34.83
ATTACHMENT A
136
Category Bill Rate
Janitor $21.84
Laboratory Technician $32.50
Legal Secretary $29.90
Librarian I $28.91
Librarian II $32.50
Library Aide I $20.80
Library Aide II $21.14
Library Assistant I $22.74
Library Assistant II $26.33
Mail Courier $20.80
Maintenance Repair Technician I $25.17
Maintenance Repair Technician II $28.18
PW Maintenance Worker I $27.30
Maintenance Worker I $23.40
PW Maintenance Worker II $26.00
Maintenance Worker II $23.87
Mechanic I $26.61
Mechanic II (Light) $29.48
Mechanic III (Light) $32.50
Mechanical Maintenance Worker
I
$27.02
Mechanical Maintenance Worker
II
$29.85
Microbiologist $32.95
Network Support Analyst I $62.40
Network Support Analyst II $67.60
Office Assistant I $22.10
Office Assistant II $26.00
Office Specialist $26.94
Office Technician $28.44
Paralegal $31.20
Plan Checker I $38.04
Plan Checker II $39.99
ATTACHMENT A
137
Category Bill Rate
Planning Technician I $25.57
Planning Technician II $27.87
Plant Maintenance Worker $24.70
Plant Operator $28.40
Police Records Assistant I $22.10
Police Records Assistant II $24.70
Project Manager I $45.50
Project Manager II $52.00
Project Manager III $58.50
Public Works Inspector $37.54
Purchasing/Procurement $41.60
Real Property Agent I $44.20
Real Property Agent II $38.39
Records Specialist $26.94
Recreation Assistant I $22.10
Recreation Assistant II $24.70
Reprographics/Mailroom
Technician I
$22.10
Reprographics/Mailroom
Technician II
$24.70
Revenue Assistant I $22.46
Revenue Assistant II $26.00
Revenue Collector $27.66
Secretary $28.60
Systems Analyst I $65.00
Systems Analyst II $71.50
Technology Support Specialist I $36.40
Technology Support Specialist II $39.00
Technology Training Coordinator $37.70
Water Systems Operator $29.90
ATTACHMENT A
138
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:
Cit
y of
Stockton Human Resources Department
Attention: Casie Takhar
400 E. Main Street, 3rd Floor
Stockton, CA 95202
ATTACHMENT A
139
1 (ZĞǀ͘ϭϬ.Ϯϳ.ϮϮ)
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”)to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
_____________________________________________________________________________
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $
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.
J
([KLELW*6SHFLDO)XQGLQJ7HUPV &RQGLWLRQV ,IDSSOLFDEOHFKHFNER[
<(6
____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
______________________________________________________________________________________________ Contractor’sName (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
CITY OF STOCKTON
_________________________________________________________BB________________ +DUU\%ODFN City Manager Date
ATTEST:
____________________________________________________________________________ (OL]D5*DU]D&0&, City Clerk
APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:
Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –
H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
Tryfacta, Inc. Temporary Employment Services
01/01/2024 12/31/2028
83,333
Professional Services Special Terms & Conditions
ARPA
Tryfacta, Inc.
Arman Dhar, Account Manager
4637 Chabot Drive, Suite 100 Pleasanton, CA 94588
12/14/2023
ATTACHMENT B
140
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 To pr
ovide the City of Stockton (City) with temporary employee services at various levels including but not limited to the following:
• Cleric
al
• Administrative
• Information Technology
• Accounting and Finance
• Human Resources
• Project Management
• Legal
• Customer Service
• Mid to Senior Level Management
2. Project Scope
2.1 Posi
tions and locations will vary within the City of Stockton based on the current needs. Resources, equipment, and facilities will be provided by the City of Stockton. Vendor shall provide a broad range of qualified applicants who are available to work on a part -time and/or temporary basis.
3. Specifications
3.1 The C
ity has specific job descriptions for each position. Job descriptions will be provided at the time a request is placed by the City. The City will request names of individuals who meet the minimum qualifications of the position and will conduct an interview of the eligible candidates. Only the most qualified candidate(s) will be selected.
3.2 The f
ollowing list provides a description of the types of positions that shall be needed:
• Professional Category (Clerical and Administrative)
Administrative support, such as answering phones, scheduling appointments, data entry, and other general office tasks. • Information Technology
Installing software, troubleshooting, resolving computer issues, and setting up network infrastructure.
ATTACHMENT B
141
• Accounting and Finance
Providing assistance with accounts payables and receivables, bookkeeping, and financial analysis.
• Human Resources
Assisting with onboarding, reviewing employee records, communicating with candidates, scheduling interviews, and filing confidential paperwork.
• Project Management
Assisting with planning, coordinating resources, and tracking project progress.
• Legal Services
Typing, filing, researching, document preparing, and assisting with case management.
• Customer Service
Answering phones, taking messages, responding to inquiries, resolving issues, and dealing with the public.
• Skilled Craft (Trades)
Operating and repairing heavy equipment, driving city vehicles (Class A and B), specialized trades to include carpentry, electrical, plumbing, mechanical, inspection.
• Service and Maintenance
Light industrial work to include duties as a Janitor, Park Worker, Water Systems Operators, and/or Facility Aides.
• Mid to Senior Level Management
Providing expert, professional, and courteous service to the examinee and City of Stockton staff and consultants.
4. Major Deliverables
4.1 Cont
ractor shall be required to adhere to all work policies , procedures and standards established by the City. The Contractor’s employees shall conform in all respects with regard to physical ; fire, and security/safety regulations while on the City premises.
4.2 Cont
ractor shall be responsible for:
ATTACHMENT B
142
4.2.1 Recruiting, hiring, and administering any evaluation and/or disciplinary actions, implementing any
reassignments and/or termination of contractor
employees provided to the City by Contractor
4.2.2 Maintaining a recruiting and hiring program that is in compliance with applicable federal and stat e
employment laws and implementing rules and
regulations, including but not limited to, Title VII of the Civil Rights Act of 1964 (“Title VII), the Americans with Disabilities Act (ADA”), the Age Discrimination in
Employment Act (“ADEA”), and the Fair Credit
Reporting ACT (“FCRA”)
4.2.3 Performing background screening on all contractor employees provided to the City to include screening of
credentials, licensure, personal history, qualifications , work history and references as well as criminal
background checks and fingerprint as provided herein.
Contractor shall ensure that all contractor employees
possess all certifications and qualifications necessary to enable them to perform their assignments.
4.2.4 Administering periodic performance evaluations for each contractor employee provided under this contract.
4.2.5 Informing contractor employees that they are required to adhere to the policies and proc edures of the City.
Contractor and/or its designee shall promptly notify the applicable department of any human- resource-type
issue raised by a contractor employee that may affect
the City, such as threats of violence , harassment,
discrimination, or retaliation.
4.2.6 Providing contractor employees all of City’s safety, drug/alcohol, work polices anti -harassment, anti -
discrimination and anti-retaliation polices and informing them that they are required to adhere to such policies.
Contractor shall establish a complaint and/or reporting procedure for violations of policies and instruct
contractor employees on the use of t he procedure.
Contractor shall obtain written acknowledgement from
each contractor employee provided under this contract
that she or he has re ad, underst ood, and agrees to
abide by those policies and procedures.
4.2.7 Providing harassment, discrimination, and retaliation training to all contractor employees provided under this contract. Contractor shall maintain a record of all such training. This record shall be available to the City upon request.
ATTACHMENT B
143
4.2.8 Informing contractor employees in writing that they are employed by Contractor, not the City.
4.2.9 Notifying contractor employees in writing that the only benefits they will receive will be from Contractor, and that they are not entitled to any benefits from the City.
4.2.10 Preparing and distributing an Employee Handbook to contractor employees that identifies and explains
Contractor’s policies and procedures that will be
followed during the course of contractor employees’
employment with Contractor.
4.2.11 Informing contractor employees in writing that job- related illness/injury reports are to be mad e to
Contractor. Contractor and/or its designee shall notify the City within 24 hours of receipt of any such reports.
4.2.12 Being solely responsible for, and holding City harmless from, all administrative employment matters regarding
contractor employees including, but not limited to, all payroll and payroll income tax withholding matters;
payment of workers’ compensation premiums, funding
of appropriate fringe benefit programs; and taking
responsibility for and complying with (including offering coverage, if required) the Affordable Care Act with
respect to its employees.
4.2.13 Paying contractor employees in compliance with
applicable wage and hour laws including, but not
limited to, the Fair Labor Standards Act (FLSA) .
Contractor shall maintain complete and accurate
records of all wages paid to its employees assigned to
provide services to the City. Contractor shall be
exclusively responsible for and will comply with
applicable law governing the reporting and payment of
wages, and payroll related and unemployment taxes
attributable to wages paid to its employees assigned to provide services to the City.
4.3 The C
ity shall have the right to interview all prospective personnel and to accept or reject any or all based upon the r equired skills and the background and experience of each individual. A resume may be required upon request prior to an interview.
4.4 The City observes various schedules, including a 9/80 schedule: 7:30am to 5:30pm Mondays through Thursdays; 8:00am to 5:00pm Fridays, with alternating Fridays off. May be required to work additional hours and/or weekends.
4.5 Lunch periods will range from 30 to 60 minutes as determined by the City. No payments shall be made for lunch periods.
ATTACHMENT B
144
4.6 Contractor will submit invoices for services provided by temporary employees in a timely manner.
4.7 The method of communication will be in English, either written and/or verbal.
4.8 The Contractor or contractor’s employee shall be responsible for transportation to and from the work location. Parking may or may not be provided.
5. Tasks That Support the Deliverables
5.1 A bac
kground check is required for all employees of the Contractor’s staff providing services to the City. The cost of this service shall be incurred by the City.
5.2 Drug testing requirements will vary for each position. The City will identify if there is a drug test requirement at the time the position is requested. The cost of this service shall be incurred by the City.
5.3 Contractor employees shall report to job assignments dressed appropriately and with the equipment specified by the City.
6. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, *-the mailing address for all required notices is as follows:
Contractor: Tryfacta , Inc. City: City of Stockton
Attn: Arman Dhar Attn: City Manager
4637 Chabot Drive, Suite 100 425 N. El Dorado Street
Suite 100 Pleasanton, CA 94588 Stockton, CA 95202
7. Key Personnel
Huma
n Resources will administer the contract and maintain connections between the hiring department and temporary agency.
8. Opt
ion to Renew.
The term of this agreement shall not exceed five ( 5) years.
ATTACHMENT B
145
Exhibit 2:
Insurance Requirements
(Staff Augmentation Services)
Cons
ultant 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 SC
OPE AND LIMIT OF INSURANCE
Cov
erage shall be at least as broad as:
1. Com
mercial 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. Aut
omobile 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. Work
ers’ 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. Pro
fessional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
5. Crim
e/Fidelity Bond - Insurance no less than $1,000,000 per occurrence, covering all officers and employees, for loss of proceeds caused by dishonesty.
If t
he 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
146
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.
ATTACHMENT B
147
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
Sel
f-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
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 Liability & Pollution Only) If any of the required policies provide claims-made coverage:
1. Th
e 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
148
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
149
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT B
150
EXHIBIT C
GENERAL T
ERMS 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 Invoi
ces 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 com
pletion 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
151
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
152
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
153
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, cos
ts (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 A
greement 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, addr
essed 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 ATTACHMENT B
154
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
155
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
156
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.
7 ATTACHMENT B
157
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 "Ser
vices" 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 “Deliv
erable” 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 th
e 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 C
ontractor 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
158
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 – G TC, 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
159
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. Pe
rsonnel
6.1 N
one of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City . Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 C
ontractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor . Contractor shall pay, when and as due, any and all taxes incurred as a resul t of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 K
ey Personnel : Bec ause of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key 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 terms of this Agreement. A list of k ey personnel is found in Exhibit A, Scope of Services.
7. Re
ports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement , the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
ATTACHMENT B
160
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City . Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement , in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
ATTACHMENT B
161
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 Co ntractor shall be paid on this Agreement is $83,333 Annually (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 P erformance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items : Onl y 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 C ity 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. Expens
es, 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.
ATTACHMENT B
162
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 Subc ontractor Costs: Compensation for sub contractors 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. Hourly Rat es. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor . Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this A
greement.
Hourly Billable Rate Sc hedule
Category Bill Rate
Accountant I $35.91
Accountant II $49.77
Administrative Analyst I $29.61
Administrative Analyst II $33.20
Auto Painter/Repair Worker $35.28
Bookmobile Driver $37.17
Budget Analyst I $41.58
Budget Analyst II $64.70
Chemist $52.42
Circulation Assistant I $31.50
Circulation Assistant II $44.10
Combination Inspector I $51.91
Combination Inspector II $66.28
Community Development
Technician
$32.76
Computer Operator I $22.68
Computer Operator II $28.98
Craft Maintenance Worker I $23.94
Craft Maintenance Worker II $28.98
ATTACHMENT B
163
Category Bill Rate
Customer Service Assistant $25.01
Data Entry Specialist $30.87
Data Entry Operator I $22.68
Data Entry Operator II $22.68
Dispatcher $36.35
Electrical Technician I $27.72
Electrical Technician II $42.08
Electrician I $36.35
Electrician II $52.92
Engineering Aide $28.98
Engineering Technician I $36.86
Engineering Technician II $50.40
Facilities Maintenance Worker I $29.61
Facilities Maintenance Worker II $37.30
Facility Aide $27.72
Finance Assistant I $27.59
Finance Assistant II $34.34
Geographic Information Systems
Analyst I
$43.16
Geographic Information Systems
Analyst II
$49.77
Geographic Information Systems
Specialist I
$57.96
Geographic Information Systems
Specialist II
$63.63
Heating & Air Conditioning
Mechanic
$34.97
Human Resources Analyst I $33.39
Human Resources Analyst II $58.59
Human Resources Assistant I $28.98
Human Resources Assistant II $32.51
Hydrant Worker $28.96
Inspector I $51.50
Inspector II $66.00
ATTACHMENT B
164
Category Bill Rate
Janitor $27.60
Laboratory Technician $44.30
Legal Secretary $30.00
Librarian I $37.80
Librarian II $50.40
Library Aide I $22.68
Library Aide II $27.72
Library Assistant I $25.80
Library Assistant II $30.24
Mail Courier $21.00
Maintenance Repair Technician I $24.54
Maintenance Repair Technician II $30.75
PW Maintenance Worker I $22.00
Maintenance Worker I $21.00
PW Maintenance Worker II $27.80
Maintenance Worker II $25.40
Mechanic I $27.98
Mechanic II (Light) $33.00
Mechanic III (Light) $35.38
Mechanical Maintenance Worker
I
$24.50
Mechanical Maintenance Worker
II
$30.75
Microbiologist $56.70
Network Support Analyst I $40.32
Network Support Analyst II $50.40
Office Assistant I $25.20
Office Assistant II $29.40
Office Specialist $30.80
Office Technician $28.98
Paralegal $44.16
Plan Checker I $31.50
Plan Checker II $37.80
ATTACHMENT B
165
Category Bill Rate
Planning Technician I $31.50
Planning Technician II $37.80
Plant Maintenance Worker $25.45
Plant Operator $41.58
Police Records Assistant I $26.46
Police Records Assistant II $31.50
Project Manager I $100.80
Project Manager II $113.40
Project Manager III $126.00
Public Works Inspector $51.90
Purchasing/Procurement $50.40
Real Property Agent I $44.10
Real Property Agent II $56.70
Records Specialist $33.94
Recreation Assistant I $25.50
Recreation Assistant II $30.00
Reprographics/Mailroom
Technician I
$25.00
Reprographics/Mailroom
Technician II
$29.00
Revenue Assistant I $27.60
Revenue Assistant II $33.80
Revenue Collector $50.40
Secretary $24.00
Systems Analyst I $81.90
Systems Analyst II $94.50
Technology Support Specialist I $33.00
Technology Support Specialist II $38.90
Technology Training Coordinator $77.00
Water Systems Operator $29.60
ATTACHMENT B
166
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 Human Resources Department
Attention: Casie Takhar
400 E. Main Street, 3rd Floor
Stockton, CA 95202
ATTACHMENT B
167
1 (ZĞǀ͘ϭϬ.Ϯϳ.ϮϮ)
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”)to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
_____________________________________________________________________________
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $
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.
J
([KLELW*6SHFLDO)XQGLQJ7HUPV &RQGLWLRQV ,IDSSOLFDEOHFKHFNER[
<(6
____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
______________________________________________________________________________________________ Contractor’sName (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
CITY OF STOCKTON
_________________________________________________________BB________________ +DUU\%ODFN City Manager Date
ATTEST:
____________________________________________________________________________ (OL]D5*DU]D&0&, City Clerk
APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:
Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –
H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
!
#
#!$%
""
Temporary Employment ServicesAppleOne, Inc.
01/01/2024 12/31/2028
83,333
Professional Services Special Terms & Conditions
ARPA
ATTACHMENT C
168
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 To provi
de the City of Stockton (City) with temporary employee services at various levels including but not limited to the following:
• Clerical
• A
dministrative
• Information Technology
• Accounting and Finance
• Human Resources
• Project Management
• Legal
• Customer Service
• Mid to Senior Level Management
2. Project Scope
2.1 Positi
ons and locations will vary within the City of Stockton based on the current needs. Resources, equipment, and facilities will be provided by the City of Stockton. Vendor shall provide a broad range of qualified applicants who are available to work on a part -time and/or temporary basis.
3. Specifications
3.1 The Cit
y has specific job descriptions for each position. Job descriptions will be provided at the time a request is placed by the City. The City will request names of individuals who meet the minimum qualifications of the position and will conduct an interview of the eligible candidates. Only the most qualified candidate(s) will be selected.
3.2 The follo
wing list provides a description of the types of positions that shall be needed:
• Professional Category (Clerical and Administrative)
Administrative support, such as answering phones, scheduling appointments, data entry, and other general office tasks. • Information Technology
Installing software, troubleshooting, resolving computer issues, and setting up network infrastructure.
ATTACHMENT C
169
• Accounting and Finance
Providing assistance with accounts payables and receivables, bookkeeping, and financial analysis.
• Human Resources
Assisting with onboarding, reviewing employee records, communicating with candidates, scheduling interviews, and filing confidential paperwork.
• Project Management
Assisting with planning, coordinating resources, and tracking project progress.
• Legal Services
Typing, filing, researching, document preparing, and assisting with case management.
• Customer Service
Answering phones, taking messages, responding to inquiries, resolving issues, and dealing with the public.
• Skilled Craft (Trades)
Operating and repairing heavy equipment, driving city vehicles (Class A and B), specialized trades to include carpentry, electrical, plumbing, mechanical, inspection.
• Service and Maintenance
Light industrial work to include duties as a Janitor, Park Worker, Water Systems Operators, and/or Facility Aides.
• Mid to Senior Level Management
Providing expert, professional, and courteous service to the examinee and City of Stockton staff and consultants.
4. Major Deliverables
4.1 Contr
actor shall be required to adhere to all work policies , procedures and standards established by the City. The Contractor’s employees shall conform in all respects with regard to physical ; fire, and security/safety regulations while on the City premises.
4.2 Contr
actor shall be responsible for:
ATTACHMENT C
170
4.2.1 Recruiting, hiring, and administering any evaluation and/or disciplinary actions, implementing any
reassignments and/or termination of contractor
employees provided to the City by Contractor
4.2.2 Maintaining a recruiting and hiring program that is in compliance with applicable federal and stat e
employment laws and implementing rules and
regulations, including but not limited to, Title VII of the Civil Rights Act of 1964 (“Title VII), the Americans with Disabilities Act (ADA”), the Age Discrimination in
Employment Act (“ADEA”), and the Fair Credit
Reporting ACT (“FCRA”)
4.2.3 Performing background screening on all contractor employees provided to the City to include screening of
credentials, licensure, personal history, qualifications , work history and references as well as criminal
background checks and fingerprint as provided herein.
Contractor shall ensure that all contractor employees
possess all certifications and qualifications necessary to enable them to perform their assignments.
4.2.4 Administering periodic performance evaluations for each contractor employee provided under this contract.
4.2.5 Informing contractor employees that they are required to adhere to the policies and proc edures of the City.
Contractor and/or its designee shall promptly notify the applicable department of any human- resource-type
issue raised by a contractor employee that may affect
the City, such as threats of violence , harassment,
discrimination, or retaliation.
4.2.6 Providing contractor employees all of City’s safety, drug/alcohol, work polices anti -harassment, anti -
discrimination and anti-retaliation polices and informing them that they are required to adhere to such policies.
Contractor shall establish a complaint and/or reporting procedure for violations of policies and instruct
contractor employees on the use of t he procedure.
Contractor shall obtain written acknowledgement from
each contractor employee provided under this contract
that she or he has re ad, understood, and agrees to
abide by those policies and procedures.
4.2.7 Providing harassment, discrimination, and retaliation training to all contractor employees provided under this contract. Contractor shall maintain a record of all such training. This record shall be available to the City upon request.
ATTACHMENT C
171
4.2.8 Informing contractor employees in writing that they are employed by Contractor, not the City.
4.2.9 Notifying contractor employees in writing that the only benefits they will receive will be from Contractor, and that they are not entitled to any benefits from the City.
4.2.10 Preparing and distributing an Employee Handbook to contractor employees that identifies and explains
Contractor’s policies and procedures that will be
followed during the course of contractor employees’
employment with Contractor.
4.2.11 Informing contractor employees in writing that job- related illness/injury reports are to be mad e to
Contractor. Contractor and/or its designee shall notify the City within 24 hours of receipt of any such reports.
4.2.12 Being solely responsible for, and holding City harmless from, all administrative employment matters regarding
contractor employees including, but not limited to, all payroll and payroll income tax withholding matters;
payment of workers’ compensation premiums, funding
of appropriate fringe benefit programs; and taking
responsibility for and complying with (including offering coverage, if required) the Affordable Care Act with
respect to its employees.
4.2.13 Paying contractor employees in compliance with
applicable wage and hour laws including, but not
limited to, the Fair Labor Standards Act (FLSA) .
Contractor shall maintain complete and accurate
records of all wages paid to its employees assigned to
provide services to the City. Contractor shall be
exclusively responsible for and will comply with
applicable law governing the reporting and payment of
wages, and payroll related and unemployment taxes
attributable to wages paid to its employees assigned to provide services to the City.
4.3 The Ci
ty shall have the right to interview all prospective personnel and to accept or reject any or all based upon the r equired skills and the background and experience of each individual. A resume may be required upon request prior to an interview.
4.4 The City observes various schedules, including a 9/80 schedule: 7:30am to 5:30pm Mondays through Thursdays; 8:00am to 5:00pm Fridays, with alternating Fridays off. May be required to work additional hours and/or weekends.
4.5 Lunch periods will range from 30 to 60 minutes as determined by the City. No payments shall be made for lunch periods.
ATTACHMENT C
172
4.6 Contractor will submit invoices for services provided by temporary employees in a timely manner.
4.7 The method of communication will be in English, either written and/or verbal.
4.8 The Contractor or contractor’s employee shall be responsible for transportation to and from the work location. Parking may or may not be provided.
5. Tasks That Support the Deliverables
5.1 A back
ground check is required for all employees of the Contractor’s staff providing services to the City. The cost of this service shall be incurred by the City.
5.2 Drug testing requirements will vary for each position. The City will identify if there is a drug test requirement at the time the position is requested. The cost of this service shall be incurred by the City.
5.3 Contractor employees shall report to job assignments dressed appropriately and with the equipment specified by the City.
6. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, *-the mailing address for all required notices is as follows:
Contractor: AppleOne, Inc. City: City of Stockton
Attn: Rick H. Hagmann Attn: City Manager
16371 Beach Blvd. Suite 240 425 N. El Dorado Street
Huntington Beach, CA 92647 Stockton, CA 95202
7. Key Personnel
Human R
esources will administer the contract and maintain connections between the hiring department and temporary agency.
8. Opti
on to Renew.
The term of this agreement shall not exceed five ( 5) years.
ATTACHMENT C
173
Exhibit 2:
Insurance Requirements
(Staff Augmentation Services)
Consul
tant 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 SCO
PE AND LIMIT OF INSURANCE
Cover
age shall be at least as broad as:
1. Comm
ercial 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. Auto
mobile 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. Profe
ssional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
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 C
174
Other Insurance Provisions
The i
nsurance 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.
ATTACHMENT C
175
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-i
nsured 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 Liability & Pollution Only) If any of the required policies provide claims-made coverage:
1. The R
etroactive 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 C
176
Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contr
actor 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.
Certif
icate Holder Address
The a
ddress for mailing certificates, endorsements and notices shall be:
City
of Stockton
ATTACHMENT C
177
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT C
178
EXHIBIT C
GENERAL TE
RMS 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 Invoic
es 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 compl
etion 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 C
179
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 C
180
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 C
181
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 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.
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 A
greement 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, addr
essed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws
. Both parties 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 C
182
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 C
183
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 C
184
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.
7 ATTACHMENT C
185
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 "Serv
ices" 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 “Deliv
erable” 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 th
e 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 C
ontractor 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 C
186
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 addit
ion to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contr
actor’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 Contr
actor 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 Con
tractor 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 addi
tion to Section 3 Compensation in Exhibit C – G TC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contr
actor shall be compensated for services rendered and
accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed
ATTACHMENT C
187
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of
the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City . Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contr
actor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor . Contractor shall pay, when and as due, any and all taxes incurred as a resul t of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key P
ersonnel: Beca use of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key 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 terms 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.
ATTACHMENT C
188
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City . Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement , in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
ATTACHMENT C
189
EXHIBIT E
COMPENSATION SCHEDULE
The Con
tractor 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 max
imum the Contr actor shall be paid on this Agreement is $83,333 Annually (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 P erformance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Stan
dard Reimbursable Items : Only t he 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 C ity 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 fi
ling 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 C
ontractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
ATTACHMENT C
190
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 subcontractor fees, minus reimbursable expenses, shall not exceed __0____%.
2. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor . Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this A
greement.
Hourly
Billable Rate Schedul e
Category Bill Rate
Low
Bill Rate
High
Accountant I $41.16 $49.64
Accountant II $49.64 $58.40
Administrative Analyst I $36.50 $39.69
Administrative Analyst II $42.63 $51.45
Auto Painter/Repair
Worker
N/A N/A
Bookmobile Driver N/A N/A
Budget Analyst I $27.74 $37.96
Budget Analyst II $35.04 $38.22
Chemist N/A N/A
Circulation Assistant I N/A N/A
Circulation Assistant II N/A N/A
Combination Inspector I N/A N/A
Combination Inspector II N/A N/A
Community
Development Technician
N/A N/A
Computer Operator I $28.12 $31.08
Computer Operator II $31.08 $34.04
Craft Maintenance
Worker I
N/A N/A
ATTACHMENT C
191
Category Bill Rate
Low
Bill Rate
High
Craft Maintenance
Worker II
N/A N/A
Customer Service
Assistant
$30.87 $33.81
Data Entry Specialist $24.99 $27.93
Data Entry Operator I $24.99 $27.93
Dispatcher $24.99 $27.93
Electrical Technician I $30.87 $33.81
Electrical Technician II N/A N/A
Electrician I N/A N/A
Electrician II N/A N/A
Engineering Aide N/A N/A
Engineering Technician I N/A N/A
Engineering Technician II N/A N/A
Facilities Maintenance
Worker I
N/A N/A
Facilities Maintenance
Worker II
N/A N/A
Facility Aide $24.99 $26.46
Finance Assistant I $26.46 $29.40
Finance Assistant II $29.40 $32.34
Geographic Information
Systems Analyst I
N/A N/A
Geographic Information
Systems Analyst II
N/A N/A
Geographic Information
Systems Specialist I
N/A N/A
Geographic Information
Systems Specialist II
N/A N/A
Heating & Air
Conditioning Mechanic
N/A N/A
Human Resources
Analyst I
$36.75 $41.16
Human Resources
Analyst II
$44.10 $47.04
Human Resources
Assistant I
$32.34 $35.28
ATTACHMENT C
192
Category Bill Rate
Low
Bill Rate
High
Human Resources
Assistant II
$35.28 $38.22
Hydrant Worker $31.52 $38.52
Inspector I N/A N/A
Inspector II N/A N/A
Janitor N/A N/A
Laboratory Technician N/A N/A
Legal Secretary $37.00 $39.96
Librarian I N/A N/A
Librarian II N/A N/A
Library Aide I N/A N/A
Library Aide II N/A N/A
Library Assistant I N/A N/A
Library Assistant II N/A N/A
Mail Courier N/A N/A
Maintenance Repair
Technician I
N/A N/A
Maintenance Repair
Technician II
N/A N/A
PW Maintenance
Worker I
N/A N/A
Maintenance Worker I N/A N/A
PW Maintenance
Worker II
N/A N/A
Maintenance Worker II N/A N/A
Mechanic I N/A N/A
Mechanic II (Light) N/A N/A
Mechanic III (Light) N/A N/A
Mechanical
Maintenance Worker I
N/A N/A
Mechanical
Maintenance Worker II
N/A N/A
Microbiologist N/A N/A
Network Support Analyst
I
$41.44 $51.80
ATTACHMENT C
193
Category Bill Rate
Low
Bill Rate
High
Network Support Analyst
II
$50.32 $62.16
Office Assistant I $26.46 $29.40
Office Assistant II $29.40 $32.34
Office Specialist $30.87 $33.81
Office Technician $26.46 $29.40
Paralegal $47.36 $53.28
Plan Checker I N/A N/A
Plan Checker II N/A N/A
Planning Technician I N/A N/A
Planning Technician II N/A N/A
Plant Maintenance
Worker
N/A N/A
Plant Operator N/A N/A
Police Records Assistant
I
$32.34 $35.28
Police Records Assistant
II
$35.28 $38.22
Project Manager I $44.40 $47.36
Project Manager II $48.84 $51.80
Project Manager III $60.68 $66.60
Public Works Inspector N/A N/A
Purchasing/Procurement $35.28 $41.16
Real Property Agent I N/A N/A
Real Property Agent II N/A N/A
Records Specialist $32.34 $36.75
Recreation Assistant I $29.40 $32.34
Recreation Assistant II $32.34 $35.28
Reprographics/Mailroom
Technician I
N/A N/A
Reprographics/Mailroom
Technician II
N/A N/A
Revenue Assistant I $29.40 $32.34
Revenue Assistant II $32.35 $35.28
ATTACHMENT C
194
Category Bill Rate
Low
Bill Rate
High
Revenue Collector $35.28 $39.69
Secretary $35.28 $41.16
Systems Analyst I $41.44 $48.84
Systems Analyst II $51.80 $66.68
Technology Support
Specialist I
$35.52 $41.44
Technology Support
Specialist II
$41.44 $48.84
Technology Training
Coordinator
$41.44 $48.84
Water Systems Operator N/A N/A
5. Invo
ice to Addres s. 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 Human Resources Department
Attention: Casie Takhar
400 E. Main Street, 3rd Floor
Stockton, CA 95202
ATTACHMENT C
195
ATTACHMENT D
196
ATTACHMENT D
197
ATTACHMENT D
198
ATTACHMENT D
199
ATTACHMENT D
200
ATTACHMENT D
201
ATTACHMENT D
202
ATTACHMENT D
203
ATTACHMENT D
204
ATTACHMENT D
205
ATTACHMENT D
206
ATTACHMENT D
207
ATTACHMENT D
208
ATTACHMENT D
209
ATTACHMENT D
210
ATTACHMENT D
211
ATTACHMENT D
212
ATTACHMENT D
213
ATTACHMENT D
214
ATTACHMENT D
215
ATTACHMENT D
216
ATTACHMENT D
217
ATTACHMENT D
218
ATTACHMENT D
219
ATTACHMENT D
220
ATTACHMENT D
221
ATTACHMENT D
222
ATTACHMENT D
223
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
ATTACHMENT E
224
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 To pr
ovide the City of Stockton (City) with temporary employee services at various levels including but not limited to the following:
• Cleric
al
• Administrative
• Information Technology
• Accounting and Finance
• Human Resources
• Project Management
• Legal
• Customer Service
• Mid to Senior Level Management
2. Project Scope
2.1 Posi
tions and locations will vary within the City of Stockton based on the current needs. Resources, equipment, and facilities will be provided by the City of Stockton. Vendor shall provide a broad range of qualified applicants who are available to work on a part -time and/or temporary basis.
3. Specifications
3.1 The C
ity has specific job descriptions for each position. Job descriptions will be provided at the time a request is placed by the City. The City will request names of individuals who meet the minimum qualifications of the position and will conduct an interview of the eligible candidates. Only the most qualified candidate(s) will be selected.
3.2 The f
ollowing list provides a description of the types of positions that shall be needed:
• Professional Category (Clerical and Administrative)
Administrative support, such as answering phones, scheduling appointments, data entry, and other general office tasks. • Information Technology
Installing software, troubleshooting, resolving computer issues, and setting up network infrastructure.
ATTACHMENT E
225
• Accounting and Finance
Providing assistance with accounts payables and receivables, bookkeeping, and financial analysis.
• Human Resources
Assisting with onboarding, reviewing employee records, communicating with candidates, scheduling interviews, and filing confidential paperwork.
• Project Management
Assisting with planning, coordinating resources, and tracking project progress.
• Legal Services
Typing, filing, researching, document preparing, and assisting with case management.
• Customer Service
Answering phones, taking messages, responding to inquiries, resolving issues, and dealing with the public.
• Skilled Craft (Trades)
Operating and repairing heavy equipment, driving city vehicles (Class A and B), specialized trades to include carpentry, electrical, plumbing, mechanical, inspection.
• Service and Maintenance
Light industrial work to include duties as a Janitor, Park Worker, Water Systems Operators, and/or Facility Aides.
• Mid to Senior Level Management
Providing expert, professional, and courteous service to the examinee and City of Stockton staff and consultants.
4. Major Deliverables
4.1 Cont
ractor shall be required to adhere to all work policies , procedures and standards established by the City. The Contractor’s employees shall conform in all respects with regard to physical ; fire, and security/safety regulations while on the City premises.
4.2 Cont
ractor shall be responsible for:
ATTACHMENT E
226
4.2.1 Recruiting, hiring, and administering any evaluation and/or disciplinary actions, implementing any
reassignments and/or termination of contractor
employees provided to the City by Contractor
4.2.2 Maintaining a recruiting and hiring program that is in compliance with applicable federal and stat e
employment laws and implementing rules and
regulations, including but not limited to, Title VII of the Civil Rights Act of 1964 (“Title VII), the Americans with Disabilities Act (ADA”), the Age Discrimination in
Employment Act (“ADEA”), and the Fair Credit
Reporting ACT (“FCRA”)
4.2.3 Performing background screening on all contractor employees provided to the City to include screening of
credentials, licensure, personal history, qualifications , work history and references as well as criminal
background checks and fingerprint as provided herein.
Contractor shall ensure that all contractor employees
possess all certifications and qualifications necessary to enable them to perform their assignments.
4.2.4 Administering periodic performance evaluations for each contractor employee provided under this contract.
4.2.5 Informing contractor employees that they are required to adhere to the policies and proc edures of the City.
Contractor and/or its designee shall promptly notify the applicable department of any human- resource-type
issue raised by a contractor employee that may affect
the City, such as threats of violence , harassment,
discrimination, or retaliation.
4.2.6 Providing contractor employees all of City’s safety, drug/alcohol, work polices anti -harassment, anti -
discrimination and anti-retaliation polices and informing them that they are required to adhere to such policies.
Contractor shall establish a complaint and/or reporting procedure for violations of policies and instruct
contractor employees on the use of t he procedure.
Contractor shall obtain written acknowledgement from
each contractor employee provided under this contract
that she or he has re ad, underst ood, and agrees to
abide by those policies and procedures.
4.2.7 Providing harassment, discrimination, and retaliation training to all contractor employees provided under this contract. Contractor shall maintain a record of all such training. This record shall be available to the City upon request.
ATTACHMENT E
227
4.2.8 Informing contractor employees in writing that they are employed by Contractor, not the City.
4.2.9 Notifying contractor employees in writing that the only benefits they will receive will be from Contractor, and that they are not entitled to any benefits from the City.
4.2.10 Preparing and distributing an Employee Handbook to contractor employees that identifies and explains
Contractor’s policies and procedures that will be
followed during the course of contractor employees’
employment with Contractor.
4.2.11 Informing contractor employees in writing that job- related illness/injury reports are to be mad e to
Contractor. Contractor and/or its designee shall notify the City within 24 hours of receipt of any such reports.
4.2.12 Being solely responsible for, and holding City harmless from, all administrative employment matters regarding
contractor employees including, but not limited to, all payroll and payroll income tax withholding matters;
payment of workers’ compensation premiums, funding
of appropriate fringe benefit programs; and taking
responsibility for and complying with (including offering coverage, if required) the Affordable Care Act with
respect to its employees.
4.2.13 Paying contractor employees in compliance with
applicable wage and hour laws including, but not
limited to, the Fair Labor Standards Act (FLSA) .
Contractor shall maintain complete and accurate
records of all wages paid to its employees assigned to
provide services to the City. Contractor shall be
exclusively responsible for and will comply with
applicable law governing the reporting and payment of
wages, and payroll related and unemployment taxes
attributable to wages paid to its employees assigned to provide services to the City.
4.3 The City shall have the right to interview all prospective personnel and to accept or reject any or all based upon the r equired skills and the background and experience of each individual. A resume may be required upon request prior to an interview.
4.4 The City observes various schedules, including a 9/80 schedule: 7:30am to 5:30pm Mondays through Thursdays; 8:00am to 5:00pm Fridays, with alternating Fridays off. May be required to work additional hours and/or weekends.
4.5 Lunch periods will range from 30 to 60 minutes as determined by the City. No payments shall be made for lunch periods.
ATTACHMENT E
228
4.6 Contractor will submit invoices for services provided by temporary employees in a timely manner.
4.7 The method of communication will be in English, either written and/or verbal.
4.8 The Contractor or contractor’s employee shall be responsible for transportation to and from the work location. Parking may or may not be provided.
5. Tasks That Support the Deliverables
5.1 A bac
kground check is required for all employees of the Contractor’s staff providing services to the City. The cost of this service shall be incurred by the City.
5.2 Drug testing requirements will vary for each position. The City will identify if there is a drug test requirement at the time the position is requested. The cost of this service shall be incurred by the City.
5.3 Contractor employees shall report to job assignments dressed appropriately and with the equipment specified by the City.
6. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, *-the mailing address for all required notices is as follows:
Contractor: Abacus Service Corporation City: City of Stockton Attn: Caitlin Clark Attn: City Manager
25925 Telegraph Rd., Suite 110 425 N. El Dorado Street
Southfield, MI 48033 Stockton, CA 95202
7. Key Personnel
Huma
n Resources will administer the contract and maintain connections between the hiring department and temporary agency.
8. Opt
ion to Renew.
The term of this agreement shall not exceed five ( 5) years.
ATTACHMENT E
229
Exhibit 2:
Insurance Requirements
(Staff Augmentation Services)
Consul
tant 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 SCO
PE AND LIMIT OF INSURANCE
Cover
age shall be at least as broad as:
1. Comm
ercial 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. Auto
mobile 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. Profe
ssional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
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 E
230
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.
ATTACHMENT E
231
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
Sel
f-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
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 Liability & Pollution Only) If any of the required policies provide claims-made coverage:
1. Th
e 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 E
232
Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Cont
ractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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.
Certi
ficate Holder Address
The
address for mailing certificates, endorsements and notices shall be:
City
of Stockton
ATTACHMENT E
233
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT E
234
EXHIBIT C
GENERAL T
ERMS 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 Invoi
ces 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 com
pletion 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 E
235
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 E
236
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 E
237
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, cos
ts (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 A
greement 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, addr
essed 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 ATTACHMENT E
238
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 E
239
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 E
240
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.
7 ATTACHMENT E
241
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 "Ser
vices" 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 “De
liverable” 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 t
he 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 E
242
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 addi
tion to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Cont
ractor’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 Cont
ractor 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 C
ontractor 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 ad
dition to Section 3 Compensation in Exhibit C – G TC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Cont
ractor shall be compensated for services rendered and
accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed
ATTACHMENT E
243
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of
the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City . Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Cont
ractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor . Contractor shall pay, when and as due, any and all taxes incurred as a 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 : Bec ause of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key 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 terms 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.
ATTACHMENT E
244
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City . Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement , in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
ATTACHMENT E
245
EXHIBIT E
COMPENSATION SCHEDULE
The C
ontractor 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 m
aximum the Cont ractor shall be paid on this Agreement is $83,333 Annually (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 P erformance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 St
andard 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 C ity 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 f
iling fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Trav
el 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.
ATTACHMENT E
246
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 subcontractor fees, minus reimbursable expenses, shall not exceed __0____%.
2. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor . Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this A
greement.
Hourl
y Billable Rate Sche dule
Category Bill Rate
Accountant I $42.88
Accountant II $53.60
Administrative Analyst I $32.16
Administrative Analyst II $40.20
Auto Painter/Repair Worker $37.52
Bookmobile Driver $40.20
Budget Analyst I $56.28
Budget Analyst II $73.70
Chemist $53.60
Circulation Assistant I $33.50
Circulation Assistant II $40.20
Combination Inspector I $56.28
Combination Inspector II $67.00
Community Development
Technician
$56.28
Computer Operator I $37.52
Computer Operator II $46.90
Craft Maintenance Worker I $46.90
Craft Maintenance Worker II $60.30
ATTACHMENT E
247
Category Bill Rate
Customer Service Assistant $37.52
Data Entry Specialist $33.50
Data Entry Operator I $32.16
Data Entry Operator II $40.20
Dispatcher $33.50
Electrical Technician I $60.30
Electrical Technician II $67.00
Electrician I $48.24
Electrician II $53.60
Engineering Aide $53.60
Engineering Technician I $60.30
Engineering Technician II $67.00
Facilities Maintenance Worker I $37.52
Facilities Maintenance Worker II $46.90
Facility Aide $46.90
Finance Assistant I $53.60
Finance Assistant II $60.30
Geographic Information Systems
Analyst I
$67.00
Geographic Information Systems
Analyst II
$80.40
Geographic Information Systems
Specialist I
$73.70
Geographic Information Systems
Specialist II
$80.40
Heating & Air Conditioning
Mechanic
$53.60
Human Resources Analyst I $53.60
Human Resources Analyst II $67.00
Human Resources Assistant I $46.90
Human Resources Assistant II $56.28
Hydrant Worker $46.90
Inspector I $53.60
Inspector II $60.30
ATTACHMENT E
248
Category Bill Rate
Janitor $30.82
Laboratory Technician $46.90
Legal Secretary $40.20
Librarian I $37.52
Librarian II $46.90
Library Aide I $33.50
Library Aide II $37.52
Library Assistant I $33.50
Library Assistant II $37.52
Mail Courier $29.48
Maintenance Repair Technician I $32.16
Maintenance Repair Technician II $37.52
PW Maintenance Worker I $33.50
Maintenance Worker I $32.16
PW Maintenance Worker II $34.84
Maintenance Worker II $37.52
Mechanic I $32.16
Mechanic II (Light) $37.52
Mechanic III (Light) $40.20
Mechanical Maintenance Worker
I
$33.50
Mechanical Maintenance Worker
II
$40.20
Microbiologist $53.60
Network Support Analyst I $67.00
Network Support Analyst II $80.40
Office Assistant I $32.16
Office Assistant II $37.52
Office Specialist $37.52
Office Technician $33.50
Paralegal $34.84
Plan Checker I $40.20
Plan Checker II $46.90
ATTACHMENT E
249
Category Bill Rate
Planning Technician I $33.50
Planning Technician II $37.52
Plant Maintenance Worker $42.88
Plant Operator $38.86
Police Records Assistant I $33.50
Police Records Assistant II $40.20
Project Manager I $107.20
Project Manager II $120.60
Project Manager III $147.40
Public Works Inspector $46.90
Purchasing/Procurement $53.60
Real Property Agent I $42.88
Real Property Agent II $48.24
Records Specialist $32.16
Recreation Assistant I $33.50
Recreation Assistant II $37.52
Reprographics/Mailroom
Technician I
$32.16
Reprographics/Mailroom
Technician II
$37.52
Revenue Assistant I $32.16
Revenue Assistant II $37.52
Revenue Collector $46.90
Secretary $37.52
Systems Analyst I $53.60
Systems Analyst II $60.30
Technology Support Specialist I $46.90
Technology Support Specialist II $53.60
Technology Training Coordinator $46.90
Water Systems Operator $36.18
ATTACHMENT E
250
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 o
f Stockton Human Resources Department
Attention: Casie Takhar
400 E. Main Street, 3rd Floor
Stockton, CA 95202
ATTACHMENT E
251
ATTACHMENT F
252
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 To pr
ovide the City of Stockton (City) with temporary employee services at various levels including but not limited to the following:
• Cleric
al
• Administrative
• Information Technology
• Accounting and Finance
• Human Resources
• Project Management
• Legal
• Customer Service
• Mid to Senior Level Management
2. Project Scope
2.1 Posi
tions and locations will vary within the City of Stockton based on the current needs. Resources, equipment, and facilities will be provided by the City of Stockton. Vendor shall provide a broad range of qualified applicants who are available to work on a part -time and/or temporary basis.
3. Specifications
3.1 The C
ity has specific job descriptions for each position. Job descriptions will be provided at the time a request is placed by the City. The City will request names of individuals who meet the minimum qualifications of the position and will conduct an interview of the eligible candidates. Only the most qualified candidate(s) will be selected.
3.2 The f
ollowing list provides a description of the types of positions that shall be needed:
• Professional Category (Clerical and Administrative)
Administrative support, such as answering phones, scheduling appointments, data entry, and other general office tasks. • Information Technology
Installing software, troubleshooting, resolving computer issues, and setting up network infrastructure.
ATTACHMENT F
253
• Accounting and Finance
Providing assistance with accounts payables and receivables, bookkeeping, and financial analysis.
• Human Resources
Assisting with onboarding, reviewing employee records, communicating with candidates, scheduling interviews, and filing confidential paperwork.
• Project Management
Assisting with planning, coordinating resources, and tracking project progress.
• Legal Services
Typing, filing, researching, document preparing, and assisting with case management.
• Customer Service
Answering phones, taking messages, responding to inquiries, resolving issues, and dealing with the public.
• Skilled Craft (Trades)
Operating and repairing heavy equipment, driving city vehicles (Class A and B), specialized trades to include carpentry, electrical, plumbing, mechanical, inspection.
• Service and Maintenance
Light industrial work to include duties as a Janitor, Park Worker, Water Systems Operators, and/or Facility Aides.
• Mid to Senior Level Management
Providing expert, professional, and courteous service to the examinee and City of Stockton staff and consultants.
4. Major Deliverables
4.1 Cont
ractor shall be required to adhere to all work policies , procedures and standards established by the City. The Contractor’s employees shall conform in all respects with regard to physical ; fire, and security/safety regulations while on the City premises.
4.2 Cont
ractor shall be responsible for:
ATTACHMENT F
254
4.2.1 Recruiting, hiring, and administering any evaluation and/or disciplinary actions, implementing any
reassignments and/or termination of contractor
employees provided to the City by Contractor
4.2.2 Maintaining a recruiting and hiring program that is in compliance with applicable federal and stat e
employment laws and implementing rules and
regulations, including but not limited to, Title VII of the Civil Rights Act of 1964 (“Title VII), the Americans with Disabilities Act (ADA”), the Age Discrimination in
Employment Act (“ADEA”), and the Fair Credit
Reporting ACT (“FCRA”)
4.2.3 Performing background screening on all contractor employees provided to the City to include screening of
credentials, licensure, personal history, qualifications , work history and references as well as criminal
background checks and fingerprint as provided herein.
Contractor shall ensure that all contractor employees
possess all certifications and qualifications necessary to enable them to perform their assignments.
4.2.4 Administering periodic performance evaluations for each contractor employee provided under this contract.
4.2.5 Informing contractor employees that they are required to adhere to the policies and proc edures of the City.
Contractor and/or its designee shall promptly notify the applicable department of any human- resource-type
issue raised by a contractor employee that may affect
the City, such as threats of violence , harassment,
discrimination, or retaliation.
4.2.6 Providing contractor employees all of City’s safety, drug/alcohol, work polices anti -harassment, anti -
discrimination and anti-retaliation polices and informing them that they are required to adhere to such policies.
Contractor shall establish a complaint and/or reporting procedure for violations of policies and instruct
contractor employees on the use of t he procedure.
Contractor shall obtain written acknowledgement from
each contractor employee provided under this contract
that she or he has re ad, understood, and agrees to
abide by those policies and procedures.
4.2.7 Providing harassment, discrimination, and retaliation training to all contractor employees provided under this contract. Contractor shall maintain a record of all such training. This record shall be available to the City upon request.
ATTACHMENT F
255
4.2.8 Informing contractor employees in writing that they are employed by Contractor, not the City.
4.2.9 Notifying contractor employees in writing that the only benefits they will receive will be from Contractor, and that they are not entitled to any benefits from the City.
4.2.10 Preparing and distributing an Employee Handbook to contractor employees that identifies and explains
Contractor’s policies and procedures that will be
followed during the course of contractor employees’
employment with Contractor.
4.2.11 Informing contractor employees in writing that job- related illness/injury reports are to be mad e to
Contractor. Contractor and/or its designee shall notify the City within 24 hours of receipt of any such reports.
4.2.12 Being solely responsible for, and holding City harmless from, all administrative employment matters regarding
contractor employees including, but not limited to, all payroll and payroll income tax withholding matters;
payment of workers’ compensation premiums, funding
of appropriate fringe benefit programs; and taking
responsibility for and complying with (including offering coverage, if required) the Affordable Care Act with
respect to its employees.
4.2.13 Paying contractor employees in compliance with
applicable wage and hour laws including, but not
limited to, the Fair Labor Standards Act (FLSA) .
Contractor shall maintain complete and accurate
records of all wages paid to its employees assigned to
provide services to the City. Contractor shall be
exclusively responsible for and will comply with
applicable law governing the reporting and payment of
wages, and payroll related and unemployment taxes
attributable to wages paid to its employees assigned to provide services to the City.
4.3 The City shall have the right to interview all prospective personnel and to accept or reject any or all based upon the r equired skills and the background and experience of each individual. A resume may be required upon request prior to an interview.
4.4 The City observes various schedules, including a 9/80 schedule: 7:30am to 5:30pm Mondays through Thursdays; 8:00am to 5:00pm Fridays, with alternating Fridays off. May be required to work additional hours and/or weekends.
4.5 Lunch periods will range from 30 to 60 minutes as determined by the City. No payments shall be made for lunch periods.
ATTACHMENT F
256
4.6 Contractor will submit invoices for services provided by temporary employees in a timely manner.
4.7 The method of communication will be in English, either written and/or verbal.
4.8 The Contractor or contractor’s employee shall be responsible for transportation to and from the work location. Parking may or may not be provided.
5. Tasks That Support the Deliverables
5.1 A bac
kground check is required for all employees of the Contractor’s staff providing services to the City. The cost of this service shall be incurred by the City.
5.2 Drug testing requirements will vary for each position. The City will identify if there is a drug test requirement at the time the position is requested. The cost of this service shall be incurred by the City.
5.3 Contractor employees shall report to job assignments dressed appropriately and with the equipment specified by the City.
6. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, *-the mailing address for all required notices is as follows:
Contractor: Bolt Staffing Service, Inc. City: City of Stockton Attn: Anthony Pizziol Attn: City Manager
5250 Claremont Ave, Suite #239 425 N. El Dorado Street
Stockton, CA 95207 Stockton, CA 95202
7. Key Personnel
Huma
n Resources will administer the contract and maintain connections between the hiring department and temporary agency.
8. Opt
ion to Renew.
The term of this agreement shall not exceed five ( 5) years.
ATTACHMENT F
257
Exhibit 2:
Insurance Requirements
(Staff Augmentation Services)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)
4. Professional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
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 F
258
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.
ATTACHMENT F
259
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 Liability & 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 F
260
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 F
261
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT F
262
EXHIBIT C
GENERAL T
ERMS 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 Invoi
ces 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 com
pletion 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 F
263
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 F
264
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 F
265
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, cos
ts (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 A
greement 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, addr
essed 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 ATTACHMENT F
266
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 F
267
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 F
268
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.
7 ATTACHMENT F
269
EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The f ollowing words and phrases have the following meanings for purposes of this Agreement:
1.1 "S
ervices" 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 Wher
e 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 F
270
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 – G TC, 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 F
271
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. P ersonnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City . Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor . Contractor shall pay, when and as due, any and all taxes incurred as a 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 : B
ecause of the special skills required to satisfy the
requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key 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 terms 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.
ATTACHMENT F
272
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City . Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement , in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
ATTACHMENT F
273
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 Co ntractor shall be paid on this Agreement is $83,333 Annually (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 P erformance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items : Onl y 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 C ity 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. Expens
es, 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.
ATTACHMENT F
274
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 Subc ontractor Costs: Compensation for sub contractors 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. Hourly Rates. Th e following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor . Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this A
greement.
Fee st
ructure based on:
• Payroll taxes
• Worker Compensation insurance
• Unemployment insurance
• Sick Pay, Affordable Care Act
• Pre-employment Skills Tests
• Sexual Harassment Training
• Cal Savers Compliance
• Meal Break Period Compliance
• Maximum Assignment Length Tracking
Hourly Billable Rate Sc hedule
Category Bill Rate
Low
Bill Rate
High
Accountant I $40.74 $53.25
Accountant II $42.96 $61.39
Administrative Analyst I $38.17 $50.79
Administrative Analyst II $46.16 $59.16
Auto Painter/Repair
Worker
$44.13 $53.93
Bookmobile Driver N/A N/A
Budget Analyst I $47.19 $57.35
Budget Analyst II $57.77 $70.20
Chemist $45.81 $55.68
ATTACHMENT F
275
Category Bill Rate
Low
Bill Rate
High
Circulation Assistant I $30.27 $36.98
Circulation Assistant II $35.07 $40.74
Combination Inspector I $43.00 $52.51
Combination Inspector II $47.51 $58.02
Community
Development Technician
$39.91 $48.72
Computer Operator I $28.77 $35.14
Computer Operator II $33.33 $40.71
Craft Maintenance
Worker I
$33.06 $40.40
Craft Maintenance
Worker II
$40.54 $49.53
Customer Service
Assistant
$29.68 $36.25
Data Entry Specialist $32.79 $40.06
Data Entry Operator I $25.45 $31.08
Data Entry Operator II $28.09 $34.31
Dispatcher $32.98 $40.30
Electrical Technician I $49.77 $52.33
Electrical Technician II $55.03 $57.85
Electrician I N/A N/A
Electrician II N/A N/A
Engineering Aide $32.26 $39.41
Engineering Technician I $42.19 $51.53
Engineering Technician II $44.40 $54.23
Facilities Maintenance
Worker I
$27.48 $33.58
Facilities Maintenance
Worker II
$32.93 $40.24
Facility Aide $24.75 $30.23
Finance Assistant I $30.22 $36.90
Finance Assistant II $32.21 $39.34
Geographic Information
Systems Analyst I
$44.53 $54.37
Geographic Information
Systems Analyst II
$54.93 $67.34
ATTACHMENT F
276
Category Bill Rate
Low
Bill Rate
High
Geographic Information
Systems Specialist I
$42.98 $52.50
Geographic Information
Systems Specialist II
$46.52 $56.81
Heating & Air
Conditioning Mechanic
N/A N/A
Human Resources
Analyst I
$41.63 $50.83
Human Resources
Analyst II
$53.18 $64.97
Human Resources
Assistant I
$26.12 $31.90
Human Resources
Assistant II
$28.79 $35.15
Hydrant Worker $31.52 $38.52
Inspector I N/A N/A
Inspector II N/A N/A
Janitor $29.66 $36.24
Laboratory Technician $38.51 $46.80
Legal Secretary $38.66 $46.41
Librarian I $39.25 $47.93
Librarian II $47.93 $58.52
Library Aide I $25.45 $31.08
Library Aide II $28.09 $34.31
Library Assistant I $30.22 $36.90
Library Assistant II $35.00 $42.76
Mail Courier $26.12 $31.89
Maintenance Repair
Technician I
$34.17 $41.76
Maintenance Repair
Technician II
$38.25 $46.75
PW Maintenance
Worker I
$28.73 $35.10
Maintenance Worker I $27.24 $33.28
PW Maintenance
Worker II
$34.97 $42.74
ATTACHMENT F
277
Category Bill Rate
Low
Bill Rate
High
Maintenance Worker II $32.40 $39.60
Mechanic I $39.52 $48.29
Mechanic II (Light) $43.75 $53.48
Mechanic III (Light) $48.25 $58.97
Mechanical
Maintenance Worker I
$36.68 $44.83
Mechanical
Maintenance Worker II
$40.54 $49.53
Microbiologist N/A N/A
Network Support Analyst
I
$44.32 $54.12
Network Support Analyst
II
$54.66 $66.77
Office Assistant I $26.12 $31.89
Office Assistant II $28.77 $35.14
Office Specialist $35.82 $43.74
Office Technician $37.79 $46.16
Paralegal $49.20 $59.80
Plan Checker I $51.66 $63.08
Plan Checker II $54.30 $66.31
Planning Technician I $38.08 $46.52
Planning Technician II $41.52 $50.68
Plant Maintenance
Worker
$36.28 $44.11
Plant Operator $43.79 $53.22
Police Records Assistant
I
$30.71 $37.50
Police Records Assistant
II
$33.03 $40.34
Project Manager I $48.75 $59.54
Project Manager II $51.25 $62.59
Project Manager III $53.87 $65.80
Public Works Inspector $50.96 $62.24
Purchasing/Procurement $38.98 $52.55
Real Property Agent I $44.82 $54.74
ATTACHMENT F
278
Category Bill Rate
Low
Bill Rate
High
Real Property Agent II $52.11 $63.08
Records Specialist $35.82 $43.74
Recreation Assistant I $28.09 $34.31
Recreation Assistant II $30.22 $36.90
Reprographics/Mailroom
Technician I
$26.12 $31.89
Reprographics/Mailroom
Technician II
$30.22 $36.90
Revenue Assistant I $30.50 $37.25
Revenue Assistant II $32.50 $39.72
Revenue Collector $37.54 $45.87
Secretary $33.99 $42.02
Systems Analyst I $44.43 $54.27
Systems Analyst II $54.81 $66.95
Technology Support
Specialist I
$36.44 $44.50
Technology Support
Specialist II
$43.58 $53.22
Technology Training
Coordinator
$43.58 $53.22
Water Systems Operator $43.24 $52.55
4. Additional Fees. Sho uld an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:
Title Unit Price
Pre-employment Screenings Up to $75.00 per employee
5. Invoice to Addr ess. 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:
Cit
y of Stockton Human Resources Department
Attention: Casie Takhar
400 E. Main Street, 3rd Floor
Stockton, CA 95202
ATTACHMENT F
279
City of Stockton
Legislation Text
File #: 23-1191, Version: 2
APPROVE A WAIVER OF CUSTOMER CREDITS UNDER THE STATE WATER RESOURCES
CONTROL BOARD WATER AND WASTEWATER ARREARAGE PAYMENT PROGRAM
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving a waiver of customer credits applied under the State Water Resource Control Board Water and Wastewater Arrearage Payment Program.
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 this resolution.
Summary
The City of Stockton participated in the State Water Resources Control Board Water and Wastewater Arrearage Payment Program (Program) that provided financial relief to water and wastewater customers experiencing financial hardship due to the COVID-19 pandemic. Funds received from the State were applied to customers’ past-due amounts using the Program criteria. Changes to the Program administration made by the State impacted customers previously found eligible for the Program. As a result, the City was required to return funds received for those customers who had paid part or all of their past due amount between the time the accounts in arrears were reported to the Program and when the City received funds. A total of $56,277.72 was returned for water customers and $221,471.86 for wastewater customers. There was sufficient revenue in each utility to cover the cost of repayment to the State.
If approved by the Council, this action will waive customers' responsibility in the City’s water and wastewater service areas to repay the amount credited to their account before the Program administrator clarified the eligibility criteria for applying the Program funds.
DISCUSSION
Background
The California State Water Resources Control Board (State Board) administered the California Water and Wastewater Arrearage Payment Program (Program). The Program offered funds from the Federal American Rescue Plan Act (ARPA) to provide financial relief for water and wastewater customers experiencing financial hardship due to the COVID-19 pandemic. To qualify, the past-due utility bills must have accrued during the COVID-19 pandemic relief period established by the State Board and between March 4, 2020, and June 15, 2021. Program funds received from the State were applied as a credit to the water or wastewater utility bill of eligible accounts.
City of Stockton Printed on 1/19/2024Page 1 of 2
powered by Legistar™
280
File #: 23-1191, Version: 2
The City of Stockton Municipal Utilities Department (MUD) applied for the Program to credit eligible past-due water and wastewater utility bills. A total of $2,253,527.34 was received and applied to over 11,700 wastewater customer accounts. Likewise, the City received $1,623,889.31 and applied credits to 4,400 water customer accounts.
Present Situation
The Program instructions required a credit be applied to any water or wastewater account that qualified under the Program criteria and had accrued past due amounts during the eligibility period of March 4, 2020 through June 15, 2021. The Program administrator did not account for eligible customers making either full or partial payments between the time the accounts in arrears were reported to the Program and when funds were paid to the City. The Program administrator determined that customers who had accrued a past-due amount during the eligibility period could not receive Program funds if they had already made payment to reduce their past-due amount. This direction from the Program administrator came after Program funds had already been applied to customer accounts. The City was required to report the number of accounts that had reduced or eliminated their past-due bill and refund the total amount to the State.
Staff recommends the City Council approve waiving the responsibility of customers in the City water and wastewater service areas to repay the amount credited to their account before the Program administrator clarified their eligibility criteria.
FINANCIAL SUMMARY
The City returned funds to the State in the amount of $56,277.72 for water and $221,471.86 for wastewater. There is sufficient revenue in each utility in “Other Revenue” to cover the cost of repayment to the State. Both the Water and Wastewater rate studies identify Other Revenue separately from Rate Revenue and include sources such as interest income, penalty fees, and violations. As this income source is separate from Rate Revenue, the ratepayers are not funding the repayment to the State.
This action has no impact on the General Fund or any other unrestricted fund.
City of Stockton Printed on 1/19/2024Page 2 of 2
powered by Legistar™
281
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING A WAIVER OF CUSTOMER CREDITS APPLIED UNDER
THE STATE WATER RESOURCE CONTROL BOARD WATER AND WASTEWATER
ARREARAGE PAYMENT PROGRAM
The California State Water Resources Control Board administered the California Water and Wastewater Arrearage Payment Program (Program) to provide relief to water and wastewater customers experiencing financial hardships due to the COVID -19 pandemic; and
The City of Stockton Municipal Utilities Department participated in the Program and issued credits on accounts to eligible customers based on the Program criteria; and
A total of $2,253,527 was credited to over 11,700 wastewater customers and $1,623,889 to 4,100 water customers; and
Several customers eligible for assistance were able to pay down their past -due amounts between the time the application was submitted, and the date Program funds were received from the State; and
After funds were a pplied to customer accounts, the Program administrator determined that customers initially eligible and who had paid all or part of any past due amounts were not eligible to receive Program funds; and
The State required the City repay any amounts credited to customer accounts who had already paid down past due amounts when the Program funds were applied; and
A total of $56,277.72 for water and $221,471.86 for wastewater ha ve been returned to the State; and
Rate revenue will not fund the repayme nt as both water and wastewater utilities have sufficient funds in ‘Other Revenue’, as identified in the rate studies, to cover the cost of repayment to the State; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves waiving the responsibility of customers in the City’s water and wastewater service areas to repay to the City the Program amounts , which were credited to their account before the Program administrator clarified the eligibility criteria.
282
2. The City Manager, or designee, is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED January 23, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
283
City of Stockton
Legislation Text
File #: 24-0029, Version: 1
APPROVE MOTION TO AUTHORIZE A FUNDS TRANSFER AGREEMENT FOR THE MIRACLE
MILE PEDESTRIAN CROSSING IMPROVEMENTS, INCLUDING PEDESTRIAN CROSSING
UPGRADES IMPROVEMENTS, PUBLIC SAFETY IMPROVEMENTS, AND REVITALIZATION
IMPROVEMENTS
RECOMMENDATION
It is recommended that the City Council approve a motion to authorize the City Manager to execute a Funds Transfer Agreement between the City of Stockton and the California Department of Transportation for a total of $20,000,000 for the Miracle Mile Pedestrian Crossing Improvements, including Pedestrian Crossing Upgrades Improvements, Public Safety Improvements, and Revitalization Improvements.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
The California Legislature (2022 AB 179) authorized funding for Priority Legislative Budget Projects (PLBP). The California Department of Transportation (Caltrans) is the authorizing agency for the proper distribution of the funding provided by this legislation. The Miracle Mile Pedestrian Crossing Improvements, including Pedestrian Crossing Upgrades Improvements, Public Safety Improvements, and Revitalization Improvements will improve the Miracle Mile along Pacific Avenue between Alpine Avenue and Harding Way and the immediate surrounding area (Attachment A - Vicinity Map).
Improvements may include areas along Harding Way between Lincoln Street and El Dorado Street.
Caltrans has identified $20,000,000 of available PLBP funds to complete the design, environmental, and construction phases of the project.
It is recommended that Council approve a motion authorizing the City Manager to execute a Funds Transfer Agreement in the amount of $20,000,000 with Caltrans for the Miracle Mile Pedestrian Crossing Improvements, including Pedestrian Crossing Upgrades Improvements, Public Safety Improvements, and Revitalization Improvements (Attachment B).
DISCUSSION
Background
The California Legislature Section 19.56, subdivision (g)(1)(I) AB 179 of the Budget Act of 2022 (2022 AB 179) authorized funding for PLBP as a budget appropriation bill. Caltrans is the authorizing agency for the proper distribution of the funding provided by this legislation. The funds are not City of Stockton Printed on 1/19/2024Page 1 of 2
powered by Legistar™
284
File #: 24-0029, Version: 1
attached to an established State program or subject to the authority of the California Transportation Commission or the California State Transportation Agency, unless specified in the legislation.
Caltrans determined the best method for allocation to ensure the funds are used for the purposes specified in Section 19.56 of the Act is a Funds Transfer Agreement. Funds shall only be used for the project specified in the Act. The funds will be encumbered within two days of the effective date of the agreement. Pursuant to Section 19.56 of the Act, funds must be encumbered by January 1, 2028, and expended by June 30, 2030, or funds will revert to the State’s General Fund by operation of law.
Present Situation
The Miracle Mile is predominantly a shopping and dining district within the City of Stockton. The Miracle Mile includes businesses fronting along Pacific Avenue from Alpine Avenue to Harding Way, and businesses along Harding Way between El Dorado Street and Lincoln Street.
The Miracle Mile Pedestrian Crossing Improvements, including Pedestrian Crossing Upgrades Improvements, Public Safety Improvements, and Revitalization Improvements will improve the Miracle Mile along Pacific Avenue between Alpine Avenue and Harding Way and the immediate surrounding area (Attachment A - Vicinity Map). Improvements may include areas along Harding Way between Lincoln Street and El Dorado Street.
Caltrans has identified $20 million of available PLBP funds to complete the design, environmental, and construction phases of the project.
It is recommended that Council approve a motion authorizing the City Manager to execute a Funds Transfer Agreement in the amount of $20,000,000 with Caltrans for the Miracle Mile Pedestrian Crossing Improvements, including Pedestrian Crossing Upgrades Improvements, Public Safety Improvements, and Revitalization Improvements (Attachment B).
FINANCIAL SUMMARY
Approval of the Funds Transfer Agreement will result in $20,000,000 of PLBP funds being applied to the Miracle Mile Pedestrian Crossing Improvements, including Pedestrian Crossing Upgrades Improvements, Public Safety Improvements, and Revitalization Improvements project.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Vicinity Map
Attachment B - Funds Transfer Agreement
City of Stockton Printed on 1/19/2024Page 2 of 2
powered by Legistar™
285
YOSEMITELAKE
PER
ELLIS
HUNTER ST
BIANCHI RD
BID-
NORTH SERVICE
CHAPEL LN
ATLEE ST
ST
HARRISON ST
BEDFORD RD
AV
AV
ST
CRAFTON
HUNTER ST
ELDORADO
ST
KNOLES WY
YOSEMITE ST
ESSEX
ELEN
MAPLE STSTOCKTON
AV
SSI LN
TUXEDO S AV
EL DORADO ST
CT
WY
CALIFORNIA ST
(WLKWY)
BROOKSIDE RD
MONROE
GIBSON
SUTTER ST
ST
DWIGHT
VERNAL WY
ADAMS
ST
PL
ALDER
ST
SUTTER ST
BAXTER
CI
ORANGE ST
COLUM
BIA
AV
STANISLAUS
BL
V
DENTS DR
PRESI-
LINCOLN ST MADISON ST
OXFORD
ST
ST
WY
INGRAM
MARIPOSAAV
ST
DAVE BRUBECK WY
WY
CENTRAL N AV
CASTLE
ESSEX ST
MCCLOU
ATLEE ST
CONCORD
EUCLID AV
T. CT
C C S
RUDKIN
CI
ST
ST
WY
SOUTH SERVICE
DOR
ALLSTON WY
HARDING WY
NOBLE ST
WRIGHT
CARMEL
SAN JO
MONTEREY ST
BONNIE LN
REGENT S ST
ST
HUNTER ST
SPERRY
STAGG WY
BAKER ST
AMELIA
ARIPOSA
SAN JOSE
LA
KESIDE
TUOL-
CHURCHILL
ATCHLEY
SONOMA AV
UMNE
WY
AV
FARGO
CLARENDON
VINE ST
BEVERLY
BLAINE AV
ST
WALKWAY
HAMPTON
AV
NORT H-
CENTER
(PVT)
MENDOCINO AV
ROSE ST
ARGONAUT RAMONA
ALVARADO AV
YOSEMITE
OWN PL
V
VAN BUREN ST
COMME
WELL
ELM ST
BARRYMORE
PACIFIC AV
PODESTO LN
BL
CLEVELAND
ELM
SAN JOAQUIN ST
ELMWOOD
EDISON
STADIUM DR
GEARY
CENTRAL S AV
KNOLES WY
ALPINE AV
ALPIN
FULTON ST
WALNUT
ST
WALNUT
WY
TUXEDO N AV
WILLOW ST
TH SERVICE
ST
AV
AMA-
ST
CALIF.
WILLOW ST
LOMITA
DOWNS
AMERICAN ST
MONTEREY AV
AV
EUCLID
PACIFIC AV
SONOMA AV
BARRYMORE
ARCADE ST
HUNTER ST
ST
LLER DR
AMERICAN ST
OXFORD
ST
CHESTNU
PACIFIC
VINE ST
BRISTOL AV
BANK
MANCHESTER AV
ST
PINE
KENSINGTON
GROVE ST
LEXINGTON AV
DR
WOOD LN
COMMERCE ST
HAWTHORN
MENDOCINO AV
ELIZABETH
WYANDOTTE
MCKENZIE
(PVT)
C C N
DAVE BRUEBECK WY
WOOD LN
μ
0 0.1 0.2 0.3 0.40.05
Miles
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
MIRACLE MILE PEDESTRIAN CROSSING IMPROVEMENTS, INCLUDING
PEDESTRIAN CROSSING UPGRADES IMPROVEMENTS, PUBLIC SAFETY
IMPROVEMENTS, AND REVITALIZATION IMPROVEMENTS
PROJECT
LOCATION
ATTACHMENT A
286
Project ID PLBP-5008(203)
Advantage ID 1023000228
Funds Transfer Agreement Between the California Department of Transportation and the City of Stockton
1.1 The C
alifornia Department of Transportation (Caltrans) and the City of Stockton (City) hereby enter into this Funds Transfer Agreement (Agreement) on the terms and conditions set forth below.
1.2 This
Agreement is not valid until signed by both parties. This Agreement shall expire on City’s completion of its obligations under this Agreement but may be extended by amending this Agreement.
BACKGROUND
2.1 S
ection 19.56, subdivision (g)(1)(I) AB179 of the Budget Act of 2022 (the Act) appropriated $20M (the Funds) from the State General Fund to Caltrans, to be allocated to City for the Miracle Mile Pedestrian Crossing Improvements, including Pedestrian Crossing Upgrades Improvements, Public Safety Improvements, and Revitalization Improvements.
2.2 Calt
rans determined the best method for allocation to ensure the funds are used for the purposes specified in Section 19.56 of the Act is a funds transfer agreement.
2.3 The M
iracle Mile is predominantly a shopping and dining district within the City of Stockton. The Miracle Mile includes businesses fronting along Pacific Avenue from Alpine Avenue to Harding Way, and businesses along Harding Way between El Dorado Street and Lincoln Street. There have been vehicle and pedestrian incidents, including a pedestrian fatality in 2021.
Pro
ject’s goal includes public safety, improved pedestrian crossings, enhanced lighting, and revitalization improvements that would make the Miracle Mile an inviting destination.
SCOPE OF WORK
3.1 The Funds provided under this Agreement will be used to improve the Miracle Mile along Pacific Avenue between Alpine Avenue and Harding Way and the immediate surrounding area. Improvements may include areas along Harding Way between Lincoln Street and El Dorado Street.
Project scope may include public safety, improved pedestrian crossings, lighting enhancements, and revitalization improvements (Project).
Deliverables may include the following:
• Conc
eptual Design – which may include, but is not limited to:
ATTACHMENT B
287
Funds Transfer Agreement Between the California Department of Transportation and the City of Stockton
2 Revised December 2023
o Business façade improvements
o Curb, gutter, sidewalk, and driveways
o Roadway maintenance projects (slurry seals, cape seals, micro-surfacing, overlays, pulverizations, and full depth reclamations with cement)
o Traffic signal upgrades
o High visibility crosswalks, Rectangular Rapid Flashing Beacons o Streetlights and ambient lighting
o ADA curb ramps
o Landscaping
o Pedestrian safety improvements, buffered bike facilities, dedicated bicycle ramps, raised medians, and pavement
striping
o Infrastructure improvements (utilities, stormwater runoff control and treatment)
o Park improvements and amenities.
• Environmental clearances as needed (CEQA/NEPA)
• Professional Design Services and Studies – may include but are not limited to the following submittals:
• Engineering Plans at 30%
• Engineering Plans, Specifications, Estimate (60 and 90%) • Engineering Plans, Specifications, Estimate at 100% and Final Approval
• Public Outreach/Public Meetings
• Project Advertisement
• Construction Contract Award
• Construction Management Services
• Project Closeout
3.2 City shall only use Funds for the Project specified in the Act. City’s self- attestation verifying the intended use of funds shall be provided to the Department prior to the release of any funds.
3.3 A maximum of 3% administrative fee will be allocated to the CITY for the draft Funds Transfer Agreement.
FUNDING, COSTS, COST LIMITATION, & PAYMENT
4.1 The F unds will be encumbered within 2 days of the effective date of this Agreement. Pursuant to Section 19.56 of the Act, funds must be
ATTACHMENT B
288
Funds Transfer Agreement Between the California Department of Transportation and the City of Stockton
3 Revised December 2023
encumbered by January 1, 2028, and expended by January 1, 2030, or the funds will revert to the State’s General Fund by operation of law.
4.2 Pa
yments shall be made as authorized by Sections 19.56(a) of the Act, including but not limited to the provisions noted below:
a. Notwithstanding any other law, a designated state entity administering on allocation pursuant to this section may provide the allocation as an advanced lump sum payment, and the allocation may be used to pay for costs incurred prior to the effective date of the act adding this paragraph.
b. Funding provided in this section shall not be used for a purpose subject to Section 8 of the Article XVI of California Constitution.
4.3 Aft
er receiving the funds, the City shall provide semi-annual reporting on January 1 and July 1 to Caltrans each calendar year until the funds are expended or upon completion or termination of Project, whichever comes first.
4.4 Within 30
days of expending all of the Funds or upon completion or termination of Project, whichever comes first, City shall submit to Caltrans a Project Closeout Report. The Project Closeout Report at a minimum shall include LAPM Exhibit 17-M, photos of the completed project (including before photos, if available), a description of completed Project component(s) and a description of project deliverables.
4.5 Any Pr
oject costs paid using the Funds that are determined by subsequent audit to be unallowable under 48 CFR, Part 31 or 2 CFR, Part 200, are subject to repayment by City to Caltrans.
4.6 City s
hall return any unspent Funds to Caltrans at the conclusion, completion, or termination of the Project.
4.7 Upo
n written demand by Caltrans, any overpayment to City of amounts invoiced by Caltrans shall be returned to Caltrans.
4.8 Shou
ld City fail to refund any moneys due to Caltrans as provided herein or should City breach this AGREEMENT by failing to complete Project without adequate justification and approval by Caltrans, then, within thirty (30) days of written demand, or within such other period as may be agreed to in writing between the PARTIES, Caltrans, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount
ATTACHMENT B
289
Funds Transfer Agreement Between the California Department of Transportation and the City of Stockton
4 Revised December 2023
equal to the amounts paid by or owned to Caltrans for each Project, from future apportionments or any other funds due to City from Highway User Tax Fund or any other sources of funds, and/or may also withhold approval of future state-funded projects proposed by ADMINISTERING AGENCY.
INQUIRIES & NOTICES
5.1 All inquiries during the term of this Agreement will be directed to the representatives listed below:
For Caltrans:
Name: Silvia Dayak
Address: 1976 E. Dr. Martin Luther
King Jr. Blvd
Stockton, CA 95205
Phone Number: (209)986-1984
Email: [email protected]
For City of Stockton:
Name:
Harry Black
Address:
425 N. El Dorado Street, 2nd Floor,
St
ockton, CA 95202
Phone Number:
(209) 937-8212
Email:
[email protected]
City Manager
5.2 Each party may change their representative listed above upon 10 calendar days’ written or emailed notice to the other party and without the need for amending this Agreement.
OTHER TERMS & CONDITIONS
6.1 Drug-F
ree Workplace Requirements: City 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:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
ATTACHMENT B
290
Funds Transfer Agreement Between the California Department of Transportation and the City of Stockton
5 Revised December 2023
3) any available counseling, rehabilitation, and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and City may be ineligible for award of any future State agreements if Caltrans or the State Department of General Services determines that any of the following has occurred: City has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
6.2 Conflict of Interest: Ci
ty needs to be aware of the following provisions
regarding current or former state employees. If City has any questions on the status of any person rendering services or involved with the Agreement, Caltrans must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contra
ct Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision- making process relevant to the contract while employed in any capacity by any state agency.
ATTACHMENT B
291
Funds Transfer Agreement Between the California Department of Transportation and the City of Stockton
6 Revised December 2023
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If City violates any provisions of above paragraphs, such action by City shall render this Agreement void. (Pub. Contract Code §10420.) If the Agreement is rendered void, City shall return all Funds.
6.3 Labor Code/Workers' Compensation: Ci
ty needs to be aware of the
provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and City affirms to comply with such provisions before commencing the performance of the work described in this Agreement. (Labor Code § 3700.)
6.4. Americans With Disabilities Act: C
ity assures the State that it complies 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.)
6.5. [ City of Stockton] N
ame Change: An amendment is required to change
City’s name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
6.6. Resolution: A county, city, district, or other local public body must provide
the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
6.7. Air
or Water Pollution Violation: Under State law, City shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State 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.
ATTACHMENT B
292
Funds Transfer Agreement Between the California Department of Transportation and the City of Stockton
7 Revised December 2023
6.8. Audit: C ity agrees that Caltrans, the California Department of General Services, the California State Auditor’s Office, or other State agency with a legitimate business purpose, 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 Agreement. City agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of record retention is stipulated.
6.9. Amendments :
No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. Any amendment signed by City must be approved by its Council as evidenced by a resolution, order, motion, or ordinance of the City and a copy provided to Caltrans. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties.
6.10. Cal
trans and City shall continue with their responsibilities under this Agreement during any dispute.
6.11 This Agreement may be executed in separate counterparts.
6.12 An electronically signed copy of this Agreement shall have the same force and effect as if it were signed manually.
6.13 Should City be declared to be in breach of this AGREEMENT or otherwise in default thereof by Caltrans, and if City is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, Caltrans is authorized to obtain reimbursement from whatever sources of funding are available, including withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against City or its constituent member entities, to recover all funds provided by Caltrans hereunder.
6.14 Semi-
Annual Reporting: The City shall provide semi-annual reports to Caltrans until the Project Closeout Report is submitted, per section 4.3. The reporting shall be as follows:
Due: January and July - First Thursday of the month.
Description: These reports will be provided by the City and submitted to the Caltrans PLBP Project Manager. The purpose of this reporting
ATTACHMENT B
293
Funds Transfer Agreement Between the California Department of Transportation and the City of Stockton
8 Revised December 2023
requirement is to ensure that projects achieve the goals and benefits of the program and that projects are performing within the scope and budget identified in this agreement. Topics reported on include:
completed activities, % of phase completed, project milestones achieved, potential delays, upcoming activities, updated Engineer’s Estimate for Construction, expenditure amounts, and allocation information. The first semi-annual report (January) will report on progress made during July through December. The second semi-annual report (July) will report on the progress made from January through June.
Process: Calt
rans PLBP Project Manager will email the City three (3) weeks before the scheduled due dates to gather the required information.
State:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Printed Name: Ann Fo x
Signature:
Acting Deputy Director for Planning & Modal
Programs
Date:
Local Agency:
City of Stockton
Printed Name: HARR
Y BLACK
Signature:
Title: CITY MANAGER
Date:
Accounting Certification
1/5/2024
$20,000,000.00
Jennie Yee
ATTACHMENT B
294
City of Stockton
Legislation Text
File #: 23-1131, Version: 2
ADOPT RESOLUTION TO AWARD A SERVICE CONTRACT FOR PARKS MAINTENANCE AND
JANITORIAL PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Award a three-year Service Contract, in the amount not to exceed $4,871,952.53 annually, for a total of $14,615,857.59, to Al Fresco Landscaping, Inc. of Hollister, CA, for the Parks Maintenance and Janitorial, Project No. OM-23-039.
2. Authorize the City Manager to execute two optional one-year extensions to this Service Contract.
3. Amend the Fiscal Year 2023-24 Budget to increase expenditure appropriations as follows:
a. Increase the Public Works’ Parks General Fund operating budget by $499,740. b. Increase the Economic Development Department’s operating budget by $100,260 for maintenance of Pixie Woods.
4. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The City contracts for maintenance services at all City parks. The current contract with Brightview Landscape Services, Inc. dba Marina Landscape Maintenance (Brightview) for landscape and janitorial maintenance services at 66 City of Stockton park sites expires on January 31, 2024.
On June 14, 2023, the City advertised a Request for Proposals (RFP) for Parks Maintenance and Janitorial, Project No. OM-23-039. Two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Al Fresco Landscaping, Inc. of Hollister, CA, to be the most qualified and highest ranked firm.
It is recommended that Council adopt a resolution authorizing the City Manager to execute a three- year Service Contract, in the amount not to exceed $14,615,857.59, with Al Fresco Landscaping, Inc. of Hollister, CA. It is also recommended that Council approve findings and make the necessary budget appropriations to fund the contract.
City of Stockton Printed on 1/19/2024Page 1 of 3
powered by Legistar™
295
File #: 23-1131, Version: 2
DISCUSSION
Background
On June 14, 2023, the City advertised an RFP for Parks Maintenance and Janitorial, Project No. OM- 23-039. On July 12, 2023, two proposals were received, Brightview Landscape Service, Inc. of San Jose, CA, and Al Fresco Landscaping, Inc. of Stockton, CA.
A Selection Committee comprised of staff from Public Works, Economic Development, and Community Services evaluated and ranked all proposals based on each firm’s experience, staff qualifications, quality control, communication, referrals, and cost proposal. Al Fresco Landscaping, Inc. received the highest ranking based on the noted criteria and was determined to be the most qualified. Al Fresco Landscaping, Inc. will be able to provide services for park maintenance, janitorial, irrigation repair, and debris removal.
Project No. OM-23-039 was advertised with the intent of restoring services that had been eliminated in the current Parks Maintenance and Janitorial contract. Restored services included edging, turf aeration, turf fertilization and turf weed control, and weekly mowing in March and October for all parks. Staff anticipated an increase in the contract price of approximately 20 percent due to Consumer Price Index (CPI) increases since the last contract was awarded. However, due to significant increases in the cost of fuel, labor, and chemicals, Al Fresco Landscaping, Inc.’s proposed price exceeded the available budget. Public Works’ staff negotiated a contract that matches the current level of service Brightview landscape is providing. The negotiated services will not affect specialty sites such as Louis Park, Misty Holt Singh Softball Complexes, and the Stockton Soccer Complex. In March 2024, staff will go to Council to request discretionary funding to restore the reduced services to all parks.
Present Situation
The current Parks Maintenance and Janitorial contract with Brightview has an annual cost of $2,747,984.49, including repair contingencies, funded from the Public Works’ General Fund budget, Community Services Recreation Fund budget, LMD Funds, and the Economic Development Boat Launch Fund budget, and expires on January 31, 2024.
It is recommended that Council adopt a resolution authorizing the City Manager to execute a three- year Service Contract, in the amount not to exceed $4,871,952.53 annually, for a total of $14,615,857.59, to Al Fresco Landscaping, Inc. of Hollister, CA, for Parks Maintenance and Janitorial, Project No. OM-23-039. The Service Contract includes two optional one-year extensions.
The annual contract price increase will be based on the San Francisco-Oakland-Hayward All Urban CPI for the preceding calendar year when the extension is requested.
Annual funding for the Park Maintenance and Janitorial, Project No. OM-23-039, is proposed from the following departments:
· Public Works General Fund $3,398,651.70
· Landscape Maintenance District $673,140.83
· Economic Development $227,340
City of Stockton Printed on 1/19/2024Page 2 of 3
powered by Legistar™
296
File #: 23-1131, Version: 2
· Community Services $560,220
· San Joaquin Area Flood Control Agency $12,600
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Al Fresco Landscaping, Inc. is located within County limits and is entitled to a two percent bid preference. Application of the Local Business Preference had no effect on the selection of the contractor. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA does not apply because this is not a construction project.
Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. The City does not have staffing available to perform park maintenance and janitorial service needs.
2. Use of the RFP process is appropriate for this Service Contract because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
There are sufficient funds in the Community Services’ Departmental Maintenance Fund and LMD Operating Budgets to award a Service Contract for Parks Maintenance and Janitorial, Project No.
OM-23-039 to Al Fresco Landscaping, Inc. of Stockton, CA.
The current unencumbered balance in the Economic Development Department’s Special Events Division Maintenance Fund and Public Works’ Parks General Fund is not sufficient to award a Parks Maintenance and Janitorial Service Contract to Al Fresco Landscaping, Inc. Staff recommends appropriating funds from the General Fund in the current Fiscal Year (FY 2023-24) in the amount of $100,260 to the Special Events Maintenance Fund and $499,740 to the Public Works’ Parks General Fund. Additionally, General Fund salary savings from Public Works FY 2023-24 operating budget in the amount of $258,311 will be reallocated to the Public Works’ Parks General Fund to provide sufficient funding to award a Service Contract to Al Fresco Landscaping, Inc. of Stockton, CA, for Parks Maintenance and Janitorial, Project No. OM-23-039.
City of Stockton Printed on 1/19/2024Page 3 of 3
powered by Legistar™
297
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AWARDING A SERVICE CONTRACT AND AMENDING THE FISCAL YEAR 2023-24 BUDGET FOR THE PARKS MAINTENANCE AND JANITORIAL, PROJECT NO. OM-23-039
On June 14, 2023, the City advertised a Request for Proposals (RFP) for Parks Maintenance and Janitorial, Project No. OM-23-039; and
The project will provide services for park maintenance, janitorial, irrigation repair, and debris removal; and
On July 12, 2023, two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Al Fresco Landscaping, Inc. to be the most qualified and highest ranked firm; and
Amending the Fiscal Year 2023-24 budget to increase expenditure appropriations is needed to fully fund the Parks Maintenance and Janitorial Service Contract; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council awards a three-year Service Contract between the City of Stockton and Al Fresco Landscaping, Inc., in the amount not to exceed $4,871,952.53 annually, for a total of $14,615,857.59, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council authorizes the City Manager to execute two optional one-year extensions to this Service Contract.
3. The Fiscal Year 2023-24 Budget is amended to transfer funds in the amount of $758,051.00 from the General Fund to the Public Works’ Parks General Fund as necessary to carry out the purpose and intent of this Resolution.
4. The Fiscal Year 2023-24 Budget is amended to transfer funds in the amount of $100,260.00 from the General Fund to the Economic Development Department’s Special Events Maintenance Fund as necessary to carry out the purpose and intent of this Resolution.
298
5. The City Council approves findings pursuant to Stockton Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process.
These findings include:
a. The City does not have staffing available to perform park maintenance and janitorial service needs.
b. Use of the RFP process is appropriate for this Service Contract because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest. c. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
6. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED January 23, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
299
(Updated 04/24/23)
CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a municipal corporation (“CITY), and AL FRESCO LANDSCAPING, INC. a STATE OF CALIFORNIA CORPORATION, with a business address at 1761 SHELTON DRIVE, HOLLISER, CA 95023 hereinafter called "CONTRACTOR.," THIS CONTRACT is for the PARKS MAINTENANCE AND JANITORIAL (PROJECT NO. OM-23-039), hereinafter referred to as “SERVICE”.
RECITALS
A. CONTRACTOR represents that it is licensed in the State of California and is qualified, willing and able to provide th e services proposed in the SCOPE OF WORK section of this Contract.
B. CONTRACTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the De partment of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.
C. CONTRACTOR represents that it will pay all required pr evailing wages under California Labor Code for all services provided that have a wage determination.
D. CITY finds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications) . CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession.
CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.
2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference. CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work. Total compensation for services and reimbursement for costs shall not exceed $14,61,5 or as
otherwise mutually agreed to in a Contract Amendment.
Pursuant to Section 22300 of the Public Co ntract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to PARKS MAINTENANCE AND JANITORIAL, PROJECT NO. OM-23-039 Pa
ge 1 of 110
EXHIBIT 1
300
(Updated 04/24/23)
ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. a. Invoices submitted by CONTRACTOR to CITY must contain a brief description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon completion of work and acceptance by CITY, 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. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.
3. INSURANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference, and shall otherwise comply with the other provisions of Exhibit C. Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
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 C, 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 shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non- contributory” and will not seek contribution from the City of Stockton’s insurance or self- insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be PARKS MAINTENANCE AND JANITORIAL, PROJECT NO. OM-23-039 Pa
ge 2 of 110
EXHIBIT 1
301
(Updated 04/24/23)
endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self-insurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONTRACTOR.
CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. CONTRACTOR further agrees to include these same provisions with any subcontractor regardless of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.
4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, CONTRACTOR shall indemnify, protect, defend with counsel approved by CITY and at CONTRACTOR’S sole cost and expense, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR shall not be obligated to indemnify or defend PARKS MAINTENANCE AND JANITORIAL, PROJECT NO. OM-23-039 Pa
ge 3 of 110
EXHIBIT 1
302
(Updated 04/24/23)
CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of CONTRACTOR to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by CONTRACTOR under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, the parties agree that CONTRACTOR’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR’S duties and obligations to defend the CITY shall apply regardless of whether or not the issue of the CITYS liability, breach of this Agreement, or other obligation or fault has been determined. CONTRACTOR shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal . At the conclusion of the claim, if there is any determination or finding of sole active neg ligence or willful misconduct on the part of the CITY, CITY will then reimburse CONTRACTOR for amounts paid in excess of CONTRACTOR’S proportionate share of responsibility for the damages within 30 days after CONTRACTOR provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures CONTRACTOR is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.
With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, CONTRACTOR shall indemnify, defend, and hold harmless the City of Stockton, its officers, officials, employees and volunteers from and against all claims, losses, expenses, and costs including, but not limited to attorneys’ fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of CONTRACTOR, regardless of whether such claim may be covered by any applicable workers compensation in surance. CONTRACTOR’S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR under workers’ compensation acts, disability acts, or other employee benefit acts.
CONTRACTOR’S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Contract for CONTRACTOR to procure and maintain a policy of insurance.
CONTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall
PARKS MAINTENANCE AND JANITORIAL, PROJECT NO. OM-23-039 Pa
ge 4 of 110
EXHIBIT 1
303
PARKS MAINTENANCE AND JANITORIAL, PROJECT NO. OM-23-039 (Updated 04/24/23)
survive the termination or completion of this agreement for the full period of time allowed by law.
If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.
5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on 12/31/2026 unless extended by mutual agreement through the issuance of a Contract Amendment. This contract provides for two (2), one (1) year extensions based on the rates of the San Francisco-Oakland-Hayward All Urban Consumer Price Index for the preceding calendar year and terms as outlined in Exhibit A and Exhibit B.
6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d) http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit D).
The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB &division=2.&title=&part=7.&chapter=1.&article=2.