City Council and Concurrent Authorities
April 2, 2024

City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, April 2, 2024 3:00 PM
Closed Session 3:00 PM :: Regular Session 5:30 PM

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 24-0275 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 24-0277 PUBLIC EMPLOYMENT:

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

Department: City Attorney

3.3 24-0342 PUBLIC EMPLOYEE APPOINTMENT:

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

City of Stockton Page 1 Printed on 3/29/2024
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Department: City Attorney

3.4 24-0276 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

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

Department: City Attorney

3.5 24-0278 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

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

Department: City Attorney

3.6 24-0337 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION
Number of Cases: One
Based on existing facts and circumstances a point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency pursuant to Government Code sections 54956.9(d)(2) and 54956.9(e)(3).

Department: City Attorney

3.7 24-0343 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION
Number of Cases: One
Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation pursuant to Government Code section 54956.9(d)(4).

Department: City Attorney

4. CLOSED SESSION PUBLIC COMMENT*

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL
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Meeting Agenda - Final

7. INVOCATION/PLEDGE TO FLAG

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10.1 24-0333 PROCLAMATION: NATIONAL ANIMAL CARE AND CONTROL APPRECIATION WEEK - APRIL 14-20, 2024
Department: Office of the Mayor

10.2 24-0335 PROCLAMATION/CERTIFICATE: NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK - APRIL 14-20, 2024
Department: City Clerk

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 24-0226 APPROVE A MOTION AUTHORIZING AN AMENDMENT TO AN

AGREEMENT WITH BAKER TILLY US, LLP TO PROVIDE

SUPPLEMENTAL ACCOUNTING SUPPORT AND SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

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

2. Authorize the City Manager to execute a ninth contract amendment with Baker Tilly US, LLP in the amount of up to $150,000, to provide supplemental accounting support and services, for a new contract amount of $1,655,600.

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

Department: Administrative Services
Attachments: Attatchment A - Baker Tilly Contract Amendment No. 9

12.2 24-0311 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meeting of February 6, 2024 City of Stockton Page 3 Printed on 3/29/2024
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Department: City Clerk
Attachments: Attachment A – 2024-02-06 Minutes

12.3 24-0308 AMENDED CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON

PUBLIC FINANCING AUTHORITY/STOCKTON PARKING

AUTHORITY MEETING CALENDAR
Recommended Action: RECOMMENDATION
It is recommended that the City Council, Successor Agency, Stockton Public Financing Authority, and Stockton Parking Authority adopt by motion the Amended 2024 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar.

Department: City Manager
Attachments: Attachment A - Amended 2024 City Council Meeting Calendar

12.4 24-0309 CONVERT ONE PART-TIME POSITION IN THE OFFICE OF

PERFORMANCE AND DATA ANALYTICS TO A FULL-TIME

POSITION
Recommended Action: RECOMMENDATION
It is recommended that City Council approve by motion the addition of one (1) full-time position to the Office of Performance and Data Analytics, effective April 16, 2024.

Department: City Manager
Attachments: Attachment A - Class Specification - Administrative Aide I (Conf)

12.5 24-0015

ADOPT A RESOLUTION TO ACCEPT A STATEWIDE PARK

DEVELOPMENT AND COMMUNITY REVITALIZATION GRANT
AWARD IN THE AMOUNT OF $7,016,086 FOR THE VAN BUSKIRK

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

1. Authorize the City Manager to execute a grant agreement from the State of California Department of Parks and Recreation Statewide Park Development and Community Revitalization Program in the amount of $7,016,086;

2. Authorize the City Manager to appropriate grant revenues and expenditures in the amount of $7,016,086, and;

3. Authorize the City Manager to execute and manage contractor agreements and consultant agreements in amounts consistent with the Grant Agreement.

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

Department: City Manager
Attachment A - Master Plan - Phase 1 Scope Highlighted
Attachment B - Cost Opinion - Phase 1 Scope Highlighted Proposed Resolution - SPP R4 Van Buskirk Renovation
Exhibit 1 - Contract for Van Buskirk Park Renovation
Attachments:

12.6 24-0158 APPROVE A MOTION TO AWARD A PROFESSIONAL SERVICES

CONTRACT TO ACCELA INCORPORATED FOR PERMITTING

SOFTWARE
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a motion to:

1. Approve findings pursuant to Stockton Municipal Code Section

3.68.070, which support and justify an exception to the competitive bidding process; and

2. Approve entering into a new contract with Accela Inc. to provide a permitting and land-use management software system for a total not-to-exceed amount of $3,151,453 for ten (10) years.

3. Appropriate $356,787.55 from Development Services fund balance to the Community Development operating expenditure account 5510/220-221 for Fiscal Year 2023-24, an aggregate amount of $513,637.55 including the budgeted Technology Internal Service Fund (ISF), for the two-year prepayment of the Service Contract.

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

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Department: Community Development
Attachment A - Professional Services Agreement
Attachment B - Accela Subscription Order Form
Attachments:

12.7 24-0164 ADOPT A RESOLUTION APPROVING A FINAL MAP AND

SUBDIVISION AGREEMENT FOR THE WESTLAKE VILLAGES, UNIT
NO. 15 - VILLAGE I (TRACT NO. 3589) PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the final map for Westlake Villages, Unit No. 15 - Village I, Tract No. 3589;

2. Authorize the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication, and record the final map for Westlake Villages, Unit No. 15 - Village I, Tract No. 3589; and

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

Department: Community Development
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Subdivision Agreement
Exhibit 2 - Subdivision Map
Attachments:

12.8 24-0152 APPROVE MOTION TO EXECUTE A THREE-YEAR AGREEMENT

WITH ON DUTY HEALTH, PLLC FOR ON-SITE FIREFIGHTER

HEALTH AND WELLNESS ASSESSMENTS
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that City Council approve a motion to:

1. Authorize the City Manager to execute a three-year Agreement with two (2) one-year options to renew with On Duty Health, PLLC for annual firefighter health and wellness examinations in an amount not to exceed $450,000; and

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

3. Authorize the City Manager to carry-over the FY 2023-24 appropriation of $93,000 for annual health and wellness examinations to FY2024-25 and to continue any remaining appropriations of the program to future fiscal years through the contract term.

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

Department: Fire
Attachments: Attachment A - Agreement

12.9 24-0306 ADOPT AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.40, SECTIONS 8.40.050, 8.40.080, 8.40.090, AND 8.40.150 OF THE

STOCKTON MUNICIPAL CODE REGARDING SHOPPING CART

ENFORCEMENT
Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Adopt an Ordinance amending Title 8, Chapter 8.040, sections

8.40.050, 8.40.080, 8.40.090 and 8.40.150 of the Stockton Municipal Code ("SMC"), to allow for improved implementation and enforcement of the provisions of the existing ordinance.

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: Police
Attachment A - Proposed Shopping Cart Ordinance (redlined) Proposed Ordinance - Shopping Cart Enforcement
Attachments:

12.10 24-0241 ADOPT RESOLUTION TO AUTHORIZE THE GRUPE PARK

PARKING LOT RESURFACING PROJECT
City of Stockton Page 7 Printed on 3/29/2024
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve Notice of Exemption No. NOE2-24 under the California Environmental Quality Act for the Grupe Park Parking Lot Resurfacing, Project No. WD22011.

2. Approve the plans and specifications for the Grupe Park Parking Lot Resurfacing, Project No. WD22011.

3. Transfer funds in the amount of $42,612.64 from the Lower Sacramento Road Bridge at White Slough Fence Replacement, Project No. WD22010, to the Grupe Park Parking Lot Resurfacing, Project No. WD22011.

4. Award a Construction Contract in the amount of $385,623.75 to Consolidated Engineering, Inc. of Valley Springs, CA, for the Grupe Park Parking Lot Resurfacing, Project No. WD22011.

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:

12.11 24-0165 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES

CONTRACT FOR THE SCRIBNER STREET AREA BACKYARD

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

1. Award a Professional Services Contract to CSG Consultants, Inc. of Sacramento, CA, in the amount of $185,060 for design of the Scribner Street Area Backyard Sewers, Project No. UW23020.

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

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

Department: Public Works
City of Stockton Page 8 Printed on 3/29/2024
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Attachment A - Vicinity Map
Attachment B - Professional Services Contract
Attachments:

12.12 24-0168 APPROVE MOTION TO AUTHORIZE THE PURCHASE OF ONE

CUSTOM-BUILT BOOKMOBILE
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve motion to:

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

2. Authorize the purchase of one custom-built Bookmobile with Summit Bodyworks Specialty Vehicles of Lupton, CO, in the amount of $465,520.62 for the Community Services Department, Library Division.

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 - Bookmobile Quote
Attachment B - Vehicle Purchase and Replacement List
Attachments:

12.13 24-0170 ADOPT RESOLUTION TO AUTHORIZE THE CITYWIDE SIDEWALK

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

1. Approve Notice of Exemption No. NOE 06-24 under the California Environmental Quality Act for the Citywide Sidewalk Repair, Project No.

WD22053.

2. Approve the plans and specifications for the Citywide Sidewalk Repair, Project No. WD22053.

3. Award a Construction Contract in the amount of $2,815,330 to United Pavement Maintenance, Inc. of Hughson, CA, for the Citywide Sidewalk Repair, Project No. WD22053.

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
City of Stockton Page 9 Printed on 3/29/2024
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Meeting Agenda - Final
Attachment A - Project Map
Attachment B - Location List
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:

12.14 24-0222 ADOPT RESOLUTION TO AUTHORIZE THE STREETLIGHT POLE REPLACEMENT FY 2023-24 SB1 PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve Notice of Exemption No. NOE3-24 under the California Environmental Quality Act for the Streetlight Pole Replacement FY 2023-24 SB1, Project No. WD24006.

2. Approve the plans and specifications for the Streetlight Pole Replacement FY 2023-24 SB1, Project No. WD24006.

3. Award a Construction Contract in the amount of $379,855 to Gruendl, Inc. dba Ray's Electric of Oakland, CA, for the Streetlight Pole Replacement FY 2023-24 SB1, Project No. WD24006.

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 - NOE3-24
Exhibit 2 - Construction Contract with Gruendl Inc.

Attachments:

12.15 24-0065 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE HSIP 10 - ENHANCED PEDESTRIAN SAFETY

ON MADISON STREET PROJECT
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Award a Professional Services Contract to Bellecci & Associates, Inc. of Concord, CA, in the amount of $112,927.11, for design of the HSIP 10 - Enhanced Pedestrian Safety on Madison Street, Project No.

WT22044/Federal Project No. HSIPSL-5008(202).

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

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

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

12.16 24-0105 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES

CONTRACT FOR THE AQUATICS RENOVATION - OAK PARK

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

1. Award a Professional Services Contract to Rogers Stringer & McClelland, Inc. of Walnut Creek, CA, in the amount of $206,000, for design of the Aquatics Renovation - Oak Park, Project No. CR23018.

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

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

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

12.17 24-0111 REJECT BIDS FOR THE TRANSPORTATION MANAGEMENT

CENTER EQUIPMENT UPGRADE PROJECT
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to reject all bids received for the Transportation Management Center Equipment Upgrade, Project No. WT21010/Federal Project No. CML-5008(191), pursuant to Stockton Municipal Code section 3.68.160(B).

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
Attachments: Attachment A - Vicinity Map

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. NEW BUSINESS

15.1 24-0108 APPROVE THE 2024 STOCKTON TOURISM BUSINESS

IMPROVEMENT DISTRICT BUDGET AND SERVICE PLAN, AND
2023 ANNUAL REPORT
Recommended Action: RECOMMENDATION
It is recommended that the Stockton City Council adopt a Resolution:

1. Approving the 2024 Operating Budget and Assessment for the Stockton Tourism Business Improvement District;

2. Approving the 2024 Annual Service Plan and 2023 Annual Report for the Stockton Tourism Business Improvement District;

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

Department: Economic Development
Proposed Resolution - TBID Budget and Reports
Exhibit 1 - 2024 Visit Stockton Budget
Exhibit 2 - 2023 Annual Report and 2024 Service Plan.pdf PPT - 15.1 - 2024 STBID Budget and 2023 Annual Report
Attachments:

15.2 24-0192 ADOPT A RESOLUTION TO APPROVE THE DOWNTOWN

STOCKTON PROPERTY AND BUSINESS IMPROVEMENT DISTRICT
2023 ANNUAL REPORT, FISCAL YEAR 23/24 ASSESSMENTS, AND
PROPOSED 2024 OPERATING BUDGET
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:

1. Approving the 2023 Annual Report for the Downtown Stockton Property and Business Improvement District; and

2. Approving the Proposed 2024 Operating Budget and Property Assessments for the Downtown Stockton Property and Business Improvement District; and

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

Department: Economic Development
Proposed Resolution - DSPBID 23 Report and 24 Budget
Exhibit 1 - DSA 2023 Annual Report
Exhibit 2 - City DSA PBID Assessments
Exhibit 3 - DSA 2024 Operating Budget
PPT - 15.2 - DSA 2023 Annual Report
Attachments:

15.3 24-0237 RECOMMENDATIONS OF THE CITY COUNCIL SALARY SETTING COMMISSION AMENDING TITLE 2, CHAPTER 2.08 OF THE

STOCKTON MUNICIPAL CODE TO SET THE ANNUAL SALARY AND

BENEFITS FOR THE CITY OF STOCKTON MAYOR AND CITY

COUNCILMEMBERS IN ACCORDANCE WITH ARTICLE IV,
SECTION 410 OF THE CITY CHARTER
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt an ordinance to amend Title 2, Chapter 2.08 of the Stockton Municipal Code, as recommended by the City Council Salary Setting Commission, to:

1. Increase the annual base salary of the Mayor of the City of Stockton by

7.32% which will increase the annual salary to $97,107 ($8,092.24 / monthly) and maintain the existing benefits for the Mayoral term commencing January 1, 2025; and

2. Increase the annual salary of the City Council Members of the City of Stockton by 5% which will increase the annual salary to $30,832.62 ($2,569.40 / monthly) with no benefits for the period commencing January 1, 2025.

Department: Human Resources
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Meeting Agenda - Final
Attachment A - Recommendation Memo
Attachment B - Proposed Ordinance-redline
Proposed Ordinance
PPT - 15.3 - Salary Setting Recommendations
Attachments:

15.4 24-0332 REMOVAL OF MOTECUZOMA SANCHEZ FROM THE CHARTER

REVIEW ADVISORY COMMISSION
Recommended Action: RECOMMENDATION
Pursuant to direction received at the March 19, 2024, council meeting, the removal of Motecuzoma Sanchez from the Charter Review Advisory Commission is presented for Council consideration.

Department: City Clerk

16. HEARINGS**

16.1 24-0161 CERTIFICATION OF AN ADDENDUM TO THE CANNERY PARK ENVIRONMENTAL IMPACT REPORT (SCH #2003042022) AND

APPROVAL OF A GENERAL PLAN LAND USE MAP AMENDMENT,

REZONING, AND A DEVELOPMENT AGREEMENT AMENDMENT

FOR THE PREVIOUSLY APPROVED CANNERY PARK MIXED USE
DEVELOPMENT PROJECT LOCATED AT 3827 PFC JESSE
MIZENER STREET (APNs 122-020-32, -33, -38 and -60) (P21-0435) Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Adopt a Resolution certifying an Addendum to the Cannery Park Mixed Use Project EIR that determines no further environmental review is required for the proposed amendments to the previously approved Cannery Park Development Project and tentative subdivision map per the California Environmental Quality Act (CEQA) pursuant to Section 15164 (Addendum to an EIR) or Title 14 of the California Code of Regulations (State CEQA Guidelines); and

2. Adopt a Resolution for a General Plan Land use Map Amendment; and

3. Adopt an Ordinance for Rezoning of 88.61 acres of CG (Commercial, General) zoning and 11.26 acres of RH (Residential, High Density) zoning into 19.76 acres of CG, 12.34 acres of RH north of Bear Creek, and 67.78 acres of RL (Residential, Low Density) south of Bear Creek; and

4. Adopt an Ordinance for a Development Agreement amendment for the Cannery Park Project; and

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

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Department: Community Development
Attachment A - Location Map & Aerial Photo
Attachment B - Phasing Plan Sub-Areas
Attachment C - Cannery DA And 1st DA Amendment
Attachment D - Approved Planning Commission Resolutions 02-08-2024 Attachment E - Neighborhood Meeting Notice 01-17-24
Proposed Resolution - Addendum
Exhibit 1 - EIR Addendum
Proposed Resolution - GPA
Exhibit 1 - GPA
Exhibit 2- Legal Description General Plan Amendment Request-02-08-24 Proposed Ordinance - Rezone
Exhibit 1 - Rezone
Exhibit 2 - Legal Description Zoning Amendment Request-03-06-24 Proposed Ordinance DA
Exhibit 1 - Proposed 2nd DA Amendment
PPT - 16.1 - Cannery Park Project Amendments
Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

INFORMATIONAL ITEMS

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 March 29, 2024, in compliance with the Brown Act.

Eliza R. Garza, CMC
City Clerk
By: ________________________________
Deputy
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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 City of Stockton Page 16 Printed on 3/29/2024
16 City Council/Successor Agency to April 2, 2024
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.

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17 City of Stockton
Legislation Text
File #: 24-0333, Version: 1
PROCLAMATION: NATIONAL ANIMAL CARE AND CONTROL APPRECIATION WEEK - APRIL 14 -20, 2024
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18 City of Stockton
Legislation Text
File #: 24-0335, Version: 1
PROCLAMATION/CERTIFICATE: NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK - APRIL 14-20, 2024
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19 City of Stockton
Legislation Text
File #: 24-0226, Version: 1

APPROVE A MOTION AUTHORIZING AN AMENDMENT TO AN AGREEMENT WITH BAKER

TILLY US, LLP TO PROVIDE SUPPLEMENTAL ACCOUNTING SUPPORT AND SERVICES

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

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

2. Authorize the City Manager to execute a ninth contract amendment with Baker Tilly US, LLP in the amount of up to $150,000, to provide supplemental accounting support and services, for a new contract amount of $1,655,600.

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

Summary
The Administrative Services Department (ASD) currently has 5 vacancies in the Accounting Division including the Accounting Manager position, while the accounting needs for City operations continue to increase. Expedient and compliant accounting and reporting is required to maintain continuity of business. To address this increased workload, ASD requires staff augmentation and support services.

DISCUSSION
Background
On July 24, 2012, the City Council approved a motion authorizing a $600,000 contract with Management Partners to provide project management and technical assistance for the Chapter 9 bankruptcy process. The City did not have the staffing resources and expertise necessary to manage the bankruptcy process while simultaneously managing day-to-day operations.

An administrative change order for $150,000 was executed in February 2013 and on July 11, 2013, change orders numbers 2 and 3 totaling $450,000 were approved by City Council resolution #13- 0349, bringing the total contract cost to $1,200,000. Change order number 4 increased the contract by $100,000. Change order number 5 added $5,600 for interim staffing assistance in the Community Services Department, and change order number 6 in August 2014 added $200,000, bringing the total contract amount to $1,505,600.

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support updating the Long-Range Financial Plan (L-RFP) and advising on post-bankruptcy matters.

Approximately $90,000 was expended from 2016 to 2020. Since 2021, services have been on an as needed basis for the L-RFP updates, averaging about $11,000 per year.

In October 2022, Management Partners merged with Baker Tilly US, LLP (“Baker Tilly”) who assumed the City’s contract. Amendment number 8 was executed on July 7, 2023 adding a termination date of June 30, 2025 and updating compensation amounts for work associated with LRFP updates without an increase in the total contract amount. The current contract balance is $20,641 which is projected to be enough to fund L-RFP updates through June 30, 2025.

Present Situation
Between January and March 2024, the Accounting division lost three key employees: Accounting Manager, Senior Accountant, and the Accountant responsible for bank reconciliations. The division already had two vacant Accountant positions actively being recruited. Two Accountant positions will be filled in April, but the other three positions will take longer to recruit and secure qualified applicants. There is an immediate need for staff augmentation services that can provide the necessary technical skills during the upcoming federal grants audit and the start of the external audit for FY 2023-24. The City cannot afford to continue operations without additional qualified and experienced resources supporting the Accounting function. To fill this need, Staff recommend entering into an agreement with Baker Tilly for a not-to-exceed amount of $150,000 over the proposed contract term (April 2024 through June 2025) (Attachment A).

Under the terms of the agreement, Baker Tilly will provide operational support to the Accounting division via a team of dedicated certified public accountants with substantial local government experience, including experience with the Tyler Munis financial management system, the City’s current system of record for all financial transactions.

Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

1. The City does not have sufficient expertise or staff resources to support the compliance and expedience required for the federal grant audit and other City accounting activities.

2. The City has struggled to recruit and retain qualified Accounting staff on a permanent basis since the start of the pandemic. The most recent Accountant I eligibility list only included ten names. All were interviewed and only two were hired for three vacancies.

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

4. Absent staff augmentation services, there is a significant risk to the City of accounting errors, misreported financials, additional audit findings and further delays in audit reports, resulting in delays in providing services that benefit the residents and potential noncompliance with local, state and federal regulations.

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FINANCIAL SUMMARY
The $150,000 contract will be paid using salary savings from the vacant Accounting Manager, Supervising Accountant, Senior Accountant and Accountant positions which are allocated from 64% to 86% respectively to the General Fund 2040-006-xxx with the remainder charged to multiple other City funds. Any additional funding needed for renewals in future fiscal years will be included in the annual budget development process as needed for continued staff augmentation.

Attachment A - Agreement with Baker Tilly
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22 1
(Rev. 03.21.22)

CITY OF STOCKTON

STANDARD AGREEMENT AMENDMENT
This Amendment Number 9 to the above referenced Agreement is entered into on_____________________:
between the City of Stockton (“City”) and Baker Tilly US LLP “Contractor”.

RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $150,000 to pay for the Contractor for Accounting Consulting Services, per attached Statement of Work.

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

1.The maximum not to exceed amount to be paid to the Contractor, including if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, will now read as follows:
“The maximum not to exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, is amended to:

Initial Term the maximum not to exceed amount is $1,505,600 Extended Term the maximum not to exceed amount is $150,000 Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $1,655,600.

2. The Contractor will perform Accounting Consulting Services for the Administrative Services Department, Accounting Division as specified in the attached Statement of Work.

All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.

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

CONTRACTOR
Baker Tilly US LLP
_____________________________________________________________________________________________ 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
Agreement Number: Amendment
Number:
419000559 / 2012-07-24-1204 NP 9
March 26, 2024
Carol Jacobs, Managing Director
1730 Madison Road, Cincinnati, OH 45206
ATTACHMENT A 23
2 (Rev. 03.21.22)

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:

ATTACHMENT A 24

STATEMENT OF WORK
Accounting Consulting Services

1. Project Objectives
This Statement of Work is issued under and subject to Standard Agreement Number 419000559 and 2012-07-24-1204 NP between the City of Stockton (“City”) and Baker Tilly US LLP “Contractor” for accounting consulting services for its Accounting Division within the Administrative Services Department (ASD) in the not to exceed amount of $150,000.

2. Project Scope

2.1 General Requirements: Interim Accounting Support Services includes, but not limited to, the following:
a. Oversee accounting operations, review accounting entries, and establish a priority list of projects/workload to be completed.
b. Provide guidance to the accounting staff members based on the activities outlined in Section 2.2.
c. Determine compliance with policies and procedures.
d. Meet regularly with the City’s Chief Financial Officer or designee to discuss projects and issues.
e. Prepare reports, as requested.
f. Participate, as requested, in any calls, meetings, emails, or other communications and engagements related to accounting activities. g. Research and maintain an understanding of City, County, State of California and Federal regulations, policies, and procedures.
h. Maintain regular communication with the City’s accounting team. i. Keep the City’s Chief Financial Officer or designee advised of any accounting issues requiring attention, actions, or decisions not within the scope of the Contractor(s)’ purview.
j. The City may assign other accounting related work to Contractor. Contractor will not serve as an Agent for the City and will not make formal decisions on behalf of the City. All such actions and decisions must be conducted by the City.
k. Contractor will be responsible for tracking hours incurred to ensure compliance with established schedule expectations. Hours are to be tracked in 15-minute increments, to include a description of work performed during the period. l. The Contractor and the City will confirm required schedule (including any required “virtual office hours”), equipment needs, communication structure and training needs for the project. The exact hours of the Contractor’s availability and hour of service will be agreed upon in writing.

ATTACHMENT A 25

2.2 Method of Approach
Activity 1 – Start Project and Conduct Kickoff Meeting
Contractor will begin the project with a meeting with the City staff (ASD Director /CFO, Deputy CFO, and other appropriate staff members). The project kickoff meeting forms the foundation of the relationship between the Contractor and the City and establishes the goals and purpose of the project. The Contractor and City will agree upon a standard work schedule and priority list.

Activity 2 – Gather Information
The Contractor will assess the current state of the accounting division, its current workload and establish a priority list of projects/workload to be completed. The Contractor will meet with the City team to review the priority list and create an agreed upon priority list and due dates.

Activity 3 – Complete Priority List
Contractor will deliver on the agreed upon priority list in conjunction with the accounting team.

In addition to other priorities and assignments, the Contractor will assist with any necessary accounting work, including the following unassigned accounting assignments:
a. The Accounting Calendar Year Deliverables (Attachment A) b. Standard Monthly Journal Entries (26 Vacant assignments) (Attachment B) c. Special Financial Reports By Fund (25 vacant assignments) (Attachment C) d. Vacant Fund Assignments (16 vacant assignments) (Attachment D) e. Various stale balances to be researched and reconciled. f. SEFA and unresolved audit findings
g. Interim audit for fiscal year ended June 30, 2024
Activity 4 – Project Closeout
The Contractor and City will ensure all requirements have been satisfactorily completed and final invoice can be submitted/processed for payment.

Work Location: Contractor will work primarily remotely/virtually, with up to ten working days onsite. A schedule for each will be established between the two parties. All travel will require advance approval by the City and will comply with the City’s Travel Policy.

The quality of services provided hereunder shall be of the level of professional quality performed by professionals rendering this type of work. The Contractor may rely upon the accuracy of reports and data provided by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the provided reports or data.

3. City Responsibilities
ATTACHMENT A 26
Direction/Supervision – The City will provide guidance, direction, and supervision to Contractor for any assignment of work, any necessary review and approval of work and direction on work prioritization.

Training – The City will provide any necessary and appropriate training in order for the Contractor(s) to complete all assigned work.

Equipment / Access to Required Systems – When the Contractor is working onsite, the City will provide access to all required systems, the facility, parking, a workspace, printers and supplies to perform the required work. The Contractor is responsible for providing their own laptop. The laptop must include Microsoft Office Suite.

When working remotely, the Contractor is responsible for all resources including computer, printer, phone, scanner/copier, software (including Microsoft Office Suite, etc.), internet service, and suppliers. The City will provide remote access to any required systems. The expenses for these items shall be incorporated into the hourly rate and may not be billed separately.

4. Deliverables
Contractor will deliver on the agreed upon priority list in conjunction with the accounting team on the following unassigned accounting assignments:
a. The Accounting Calendar Year Deliverables – Attachment A b. Standard Monthly Journal Entries (26 Vacant assignments) – Attachment B c. Special Financial Reports By Fund (25 vacant assignments) – Attachment C d. Vacant Fund Assignments (16 vacant assignments) – Attachment D e. Analyses and/or reconciliations of various stale balances f. SEFA and unresolved audit findings
g. Interim audit for fiscal year ended June 30, 2024

5. Internal and External Standards and Guidelines
Contractor should be knowledgeable of and apply appropriate guidance of Generally Accepted Accounting Principles (GAAP), Generally Accepted Government Auditing Standards (GAGAS), Governmental Accounting Standards Board (GASB), etc.

6. Compensation
Contractor proposes 565 hours of accounting services at a not to exceed amount of $150,000 over the period of performance for this SOW without Owner’s prior written authorization. These fees do not include travel-related expenses.

ATTACHMENT A 27
Hourly Rates are as follows:

TEAM MEMBER HOURLY RATE ESTIMATED
HOURS
Accounting Manager $240 100
Accounting Support $185 465
In accordance with the Agreement and the City’s Travel Policy, all travel and expenses must be pre-approved by the City and will be billed at cost.

Contractor will invoice on a monthly basis for work completed the month prior and will include the reimbursement of travel-related expenses.

7. Key Personnel
ATTACHMENT A 28

8. Exhibits and Attachments
Exhibits:

A. City of Stockton Travel Policy
B. Insurance Requirements
C. General Terms and Conditions
D. Goods and Services Special Terms and Conditions
Attachments
A. The Accounting Calendar Year Deliverables
B. Standard Monthly Journal Entries (26 Vacant assignments) C. Special Financial Reports By Fund (25 vacant assignments) D. Vacant Fund Assignments (16 vacant assignments)

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

Contractor: Baker Tilly US, LLP City: City of Stockton
Attn: Carol Jacobs, Managing Director Attn: City Manager 1730 Madison Rd. 425 N. El Dorado Street
Cincinnati, OH 45206_ Stockton, CA 95202
ATTACHMENT A 29

EXHIBIT A
City of Stockton’s Travel Policy
ATTACHMENT A 30
1 TRAVEL & EXPENSE POLICY 17.08.010
SUBJECT: TRAVEL AND EXPENSE POLICY NUMBER:

17.08.010
RESPONSIBLE OFFICER:

City Manager
EFFECTIVE DATE:
12/01/2022
POLICY OWNER:

Chief Financial Officer (CFO). Administrative Services Dept.

LAST UPDATED:
11/17/2022
POLICY CONTACT:

CFO, Administrative Services Department, City Treasurer APPROVED:

Original Signed by City Manager

PURPOSE
A. To establish a uniform policy for authorizing, monitoring, and documenting travel by City personnel, board members, consultants, agents, and commissioners (employees). The City acknowledges its responsibility to wisely administer limited resources and to expend them only when there will be a benefit to the City and its residents. Refer to City Council Policy No. 100-1 for Councilmember travel.

B. To provide a written record and a documented audit trail of funds expended for official travel by employees for insurance purposes as required by Risk Services, to provide adequate controls over travel expenditures, maintain accountability; ensure proper accounting, and to provide an efficient process for approval of travel expenditures.

POLICY
A. It is the policy of the City of Stockton that all attendance at conferences, training events, or meetings must specifically benefit the City to qualify for use of City funds and/or paid time off.

Mere membership in an organization does not by itself justify attendance at an event.

B. The cost of all travel and training activities must be planned during the annual budget process.

Training and attendance by employees are at the discretion of the Department Head (or designee). Details on the purpose, event, location, duration, registration cost, lodging cost, ATTACHMENT A 31
2 mealcost, and transportation cost must be approved in advance by the Department Head (or designee).

C. All reimbursement and payment made will be in accordance with IRS guidelines. Go to https://www.gsa.gov/travel-resources the GSA Travel Resources page to look up Per Diem rates for the specific event location, as well as mileage for privately-owned vehicles.

D. In meeting the training and continuing education needs of employees, consideration of costeffective approaches should be considered. In-house training programs are to be used whenever possible. On-site courses should also be considered if there is sufficient need among City employees, or in cooperation with other area agencies and firms.

E. All Travel Expense claims require Department Head/Designee approval and are reviewed by Accounts Payable for conformance with this Travel and Expense Policy.

F. Any deviation from this policy requires a memo to the CFO from the Department Head justifying/approving the deviation from this policy.

G. The CFO or designee shall administer this policy. This policy does not claim to have addressed all contingencies and conditions. Expenses not specifically addressed in this policy will be paid by the City provided the Department Head (or designee) determines the expenses are allowable, reasonable, and necessary and that the expenditure is compliant with the appropriate regulations, policies, and accounting best practices as administered by the CFO or designee.

AUTHORITY
A. GENERAL TRAVEL
All City employees, consultants, agents and officials, except for Councilmembers, must obtain approval from an authorized person prior to traveling on City business for which reimbursement is requested and budget is available. An authorized person for purposes of this policy is generally the Department Head (or designee) or person accountable to the budget being expended. The traveler shall not prepare AND approve a Travel Authorization Form. The City’s Travel Authorization Form must be used to obtain and document approval of each trip prior to travel, and to document the approval of expenses and reimbursements associated with travel after each trip. When possible and practical, employees are encouraged to utilize government and group rates that are most advantageous at the time of booking.

ATTACHMENT A 32
3 B. OUT-OF-STATE TRAVEL
Approval of out-of-state travel must be obtained from the Department Head (or designee) at the time the City’s Travel Authorization Form is submitted for approval.

TRAVEL ARRANGEMENTS
A. MAKE ARRANGEMENTS IN ADVANCE
Travel arrangements shall be made as far in advance as possible to obtain the best possible fares and rates. If travel arrangements must be cancelled for any reason, the person who made the arrangements shall cancel them in sufficient time to prevent the City from incurring unnecessary costs.

B. TRAVEL ADVANCES
Travel advances may be obtained before each trip if the travel advance amount is $100 or more based on the total estimated mileage, meals and incidentals as reported on the Travel Authorization Form and received by Payroll 30 days before the travel event. Advances will be paid in the same form as the employee’s payroll method and issued prior to departure. The traveler is responsible to return any unused portion of a travel advance via payroll deduction. A signed copy of the Reimbursement Disclaimer and Repayment Authorization Form shall be attached to the Travel Authorization Form when routing per the above paragraph described as Authority, Section A, General Travel. Non-allowable expenses shall be deducted from any reimbursement due the employee for out-of-pocket expenses.

No advances will be made to the employee for other costs such as airfare or lodging. Airfare, registration, lodging, rental vehicles, and other costs shall be paid in advance by the City using a City-issued credit card.

TRANSPORATION
Travelers shall use the most appropriate mode of transportation that is reasonable and cost effective. Consideration should be given to distance, time, and the total cost to the City.

Transportation costs include, but are not limited to, airfare, train, bus and taxi/ridesharing fares, bridge tolls, parking fees and car rental. Employees will be reimbursed according to the most direct or commonly traveled routes. Other routes may be authorized when official business requires their use.

ATTACHMENT A 33
4 A. AIRLINE TRANSPORTATION

1. Airline transportation to and from a conference, seminar, and/or meeting shall be paid directly by the City using a City-issued credit card.

2. When a commercial air carrier is used, a traveler will be reimbursed for mileage to and from the airport when using a personal vehicle, and the actual cost of airport parking for the duration of the travel/training event. If two or more travelers share transportation to and from the airport in a personal vehicle, only one traveler is entitled to mileage and parking reimbursement. If a van/shuttle or another form of transportation is used, the traveler shall be reimbursed for the actual cost.

3. The City will reimburse the cost of the first piece of luggage if expense is assessed by the airline, and it is reported on the Travel Authorization Form under Business Expenses.

4. Under no circumstances shall an employee pilot or be a passenger in a private airplane as a means of transportation to or from a conference, seminar and/or meeting.

B. CITY VEHICLES

1. City pool vehicles may be used for travel, if available and are more economical than other modes of transportation.

2. Spouses, family members, and guests are not allowed to travel in a City pool vehicle. In this instance, a personal vehicle or other non-City transportation must be used.

C. PERSONAL VEHICLE
Privately-owned vehicles (including any vehicle rented at employee expense) may be used in lieu of a City pool car or air travel when approved in advance by the Department Head (or designee) by signing the Travel Authorization Form. Mileage will be paid at the mileage allowance established by the IRS--go to https://www.gsa.gov/travel-resources and click on the POV Mileage tab. Mileage shall not exceed the cost of “coach class” airfare, plus savings in transportation costs to and from the airport, airport parking, and transportation costs to the destination. The exception to the maximum reimbursement, as stated above, may be authorized when air service is not available or reasonably convenient to the point of destination. Mileage shall be calculated from the shortest distance--whether it is from work, home, or other location the employee is beginning the travel from. Print and attach directions generated from Google Maps, MapQuest, etc. to support mileage claim.

ATTACHMENT A 34
5 D. RENTAL CARS
Vehicles rented for travel may only be obtained when other modes of transportation are not available, too costly, or impractical. A rental vehicle requires prior approval of the Department Head (or designee) by signing the Travel Authorization Form. Fuel purchased by the traveler for the rental car will be reimbursed with proper documentation (receipts). Only the most costeffective vehicle, normally intermediate size vehicles, or vehicles with an equivalent rental rate, will be authorized. If two or more persons are attending the same meeting or conference, and a vehicle is needed for City business, only one vehicle may be rented at City expense. As a precaution against paying for preexisting damage, carefully examine the condition of the rental vehicle before leaving the lot, and immediately report any damages to the car rental office.

E. PUBLIC TRANSIT AND CARPOOLING
City employees are encouraged to make optimum use of available public transit services and carpooling.

MILEAGE REIMBURSEMENT
Use of Personal Vehicle for Work Related Activity
Mileage reimbursement for employees who have been authorized by their Department Director to utilize their personal vehicle to conduct City business and who receive no other form of mileage reimbursement or vehicle allowance.

To receive reimbursement, employees must complete:

1. Daily Owner Operator’s Mileage Report

2. Monthly Owner Operator’s Mileage Report
Travel Related Mileage Reimbursement
Reimbursement is calculated using the Travel Expense Calculator and entered on the Travel Authorization Form.

ATTACHMENT A 35
6 LODGING
A. The cost of lodging accommodations for approved conferences, seminars or meetings shall be paid by the City at the Per Diem rate for the specific event location.

B. When possible and practical, employees are encouraged to utilize government lodging agreement programs such as FedRooms® (http://www.fedrooms.com). The advantages of obtaining lodging using the FedRooms® program are:

1. Lodging rates are set at or below per diem rates.

2. There are no add-on fees.

3. The room cancellation deadline is 4:00 p.m. (or later) on the day of arrival.

4. Most hotels offer lowest standard room availability rates.

5. There are no early departure fees.

6. Rates are available using all booking channels (e.g., E-Gov Travel Service, Travel Management Service, FedRooms® website, and hotel reservation call centers). The FedRooms® rate code (XVU) must be entered to get the program benefits.

C. Hotel and motel lodging charges shall be based on single occupancy rates. The accommodations used shall be economical, but practical. Go to https://www.gsa.gov/travelresources, click on the Per Diem tab, enter the city and state for the location of the travel to determine Per Diem Lodging rates for the specific event location of the travel. For conferences, in instances where conference hotels are filled, the employee shall attempt to secure comparable rates at the nearest hotel.

D. The City will not reimburse employees for lodging expenses incurred by family members when an employee’s family accompanies him/her, or for any additional guests in the same room.

E. The City will pay lodging expenses for City employees during business travel requiring one or more overnight stays. The City will pay for lodging for the evening preceding or subsequent to a meeting or business event when the employee would have to travel at unreasonably early or late hours to reach his/her destination. This must be approved prior to travel by the Department Head (or designee).

ATTACHMENT A 36
7 REGISTRATION COSTS
The City will pay registration costs for approved travel. Registrations shall be made in a timely manner to take advantage of the lowest registration costs. The employee will be responsible for payment of cancellation or no-show fees, or non-refundable prepaid expenses that are incurred as a result of the employee’s direct actions or oversight. These limitations on the City’s responsibility do not apply when there is a justified family emergency, employee illness, or when unplanned priority work assignments approved by the Department Head (or designee) prevent attendance.

MEALS
A. The City will pay for an employee’s meals during business travel, including tax and tips, at the per diem meal rates established by the IRS. Go to https://www.gsa.gov/travel-resources, click on the Per Diem tab, enter the State and City for the specific event location. You will see the per diem rates for Lodging and Meals & IE. Employees have the flexibility on how much is spent for each meal as long as the total claim for the day does not exceed the Meals & IE per diem allowance. Receipts are not required.

B. However, if meals are provided during the conference, employees will not receive per diem for those meals. You can find the per diem meal breakdown at https://www.gsa.gov/travel-resources click on the Per Diem tab, enter the State and City for the location of the event You will see the Lodging and Meals & IE Per Diem rate for the area of your travel. Next click on the Meals & IE Tab, in the “Total” column find the Per Diem rate for your event location and see the corresponding breakdown of meals.

C. In calculating meal allowances for partial days, the following guidelines shall be used rather than the GSA rate for First & Last Day of Travel:

Departure – If you depart:
• After 8:00 am, no breakfast allowance for the day;
• After 2:00 pm, no breakfast or lunch allowances for the day; • After 8:00 pm, no meal allowance for the day.

Return – If you return:
• After 6:00 pm, you may claim the full per diem allowance for the day; • Between 2:00 pm and 6:00 pm, you may claim the breakfast and lunch allowances; • Between 8:00 am and 2:00 pm, you may claim the breakfast allowance Departure time shall be a reasonable time to reach your destination.

ATTACHMENT A 37
8 Return time shall be based on a reasonable amount of time to reach your destination followingthe conclusion of the event. The City will not pay for meals because the traveler chooses to leave early or stay later.

BUSINESS EXPENSES
Business expenses must be paid by employee and submitted for reimbursement when finalizing the Travel Authorization Form. Receipts or proof of purchase are required for reimbursement of business expenses. Examples of business expenses include but are not limited to: Parking Fees, Internet Access, Tolls, Uber, and BART.

The City will reimburse the cost of the first piece of luggage if expense is assessed by the airline, and it is reported on the Travel Authorization Form under Business Expenses.

Other expenses related to authorized travel may be reimbursed upon review and approval by the Department Head (or designee).

HOURS OF WORK AND TRAVEL TIME
A. Time spent by employees attending meetings, trainings, and similar events must be counted as time worked. “Hours worked” is defined as anything being done by an employee for the benefit of the City.

The City is required to pay employees under the Fair Labor Standards Act time and one-half for all hours worked in excess of 40 hours in one work week. Averaging hours over more than one work week is not permitted.

B. Travel time will be paid only in the following circumstances:

1. Home-to-Work Travel Time
Home-to-work travel is a normal incident of employment and generally is not considered hours worked. It may become hours worked only if the employee is required to report to a different location that is in excess of the travel time to the usual place of work assignment.

2. Home-to-Work One-Day, Out-of-Town Assignment
Travel associated with a one-day assignment at a different location is considered time worked to the extent the travel time exceeds the time spent in the employee’s normal travelbetween ATTACHMENT A 38
9 home and work.

3. Away From Home Travel Time
If an employee is assigned to travel to a work location that will keep the employee away from home, travel time is considered hours worked when it occurs during the employee’s regular working hours on either regular working days or nonworking days.

C. Travel time shall not be considered time worked during meal periods or time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus or vehicle.

D. An employee offered public transportation, but who requests permission to drive a private vehicle may count as hours worked either (1) the time spent driving the car or (2) the time the employee would have had to count as hours worked during working hours if the employee had used the public transportation.

E. Any work that an employee is required to perform while traveling must be considered hours worked, except during meal periods or sleep time.

WHAT’S NOT COVERED
Personal expenses will not be paid by the City. Personal items include in-room movies, spa and gym fees, optional quasi-social functions, or events in connection with a conference, political events, laundry or dry-cleaning, miscellaneous sundries, or other items of a personal nature.

Alcoholic beverage costs are not reimbursable.

Personal travel shall not be mixed with business travel if it will cost the City anything in dollars or lost time or if it will harm the City’s interest in any way. The City will not pay for any expenses of a spouse or other person who accompanies an employee on business travel.

Any items paid by the city prior to final submission of the travel claim shall not be claimed for reimbursement by the traveler.

COMPLETING TRAVEL AUTHORIZATION FORM
Approval Prior to Travel
All travel/training expenses must be entered in the “Original Amount Requested” column on the ATTACHMENT A 39
10 Travel Authorization Form. Copies of proper documentation supporting the expenses shall be attached to the Travel Authorization Form. The Travel Authorization Form must be signed by the traveler and the Department Head (or designee). If a travel advance is being requested, be sure to check the “Yes” box on the Travel Authorization Form, sign Section (A) of the Reimbursement Disclaimer and Repayment Authorization Form.

The expense must be entered into Munis Employee Self-Service (ESS) with all supporting documents attached (i.e., Travel Authorization Form, Travel Expense Calculator) in enough time to allow for routing approvals and receipt by Payroll 30 days before the travel event.

Supporting Documents
• Travel Authorization Form
• Travel Expense Calculator
• Reimbursement Disclaimer and Repayment Authorization Form if travel advance is being requested.
• Printout of Map showing miles for mileage reimbursement. • Event description and activities from brochure or website • Event Registration Confirmation
• Hotel Reservation Confirmation
• Flight Confirmation showing cost (if applicable)
Finalizing After Travel
A. Upon returning from a trip, traveler must, within ten (10) working days, submit receipts (excluding meals) for all expenses to the appropriate staff. The appropriate staff will complete the “Actual” and “Balance” columns on the Travel Authorization Form, attach all supporting documentation (on 8-1/2” by 11” paper), obtain traveler and Department Head (or designee) signature.

B. If money is due to the City from the traveler, the traveler must complete and sign Section (B) of the Reimbursement Disclaimer and Repayment Authorization Form to return the funds into the travel account used.

C. The expense must be entered into Munis ESS (all supporting documents attached) in enough time to allow for routing approvals and received in Payroll within twenty (20) working days of the end of the travel.

Supporting Documents
• Travel Authorization Form
• Travel Expense Calculator
ATTACHMENT A 40
11 • Printout of Map showing miles for mileage reimbursement. • Event description and activities from brochure or website • Event Registration Confirmation
• Hotel Reservation Confirmation
• Flight Confirmation showing cost (if applicable)
• Reimbursement Disclaimer and Repayment Authorization Form if money is due to the City.
• Mileage Log if requesting reimbursement for mileage in a city-owned vehicle or rental vehicle.
• Receipts for any Business Expenses being claimed, i.e., Parking Fees, Internet Access, Tolls, Gas for City owned vehicle, Uber, BART, luggage fees if assessed by airline.

D. If a personal or rental vehicle is used for work-related travel, the City will reimburse the employee at a rate which is the same as the current year’s IRS standard mileage allowance rate, available at https://www.gsa.gov/travel-resources click on POV Mileage tab. Mileage shall be calculated from the shortest distance--whether it is from work, home, or other location the employee is beginning the travel from.

POLICY VIOLATIONS
Employees who violate the travel guidelines and rules outlined in this policy are subject todisciplinary action per the City’s Personnel Rules and Regulations.

RELATED CITY POLICIES

17.05.030 – Procurement Card

RELATED CITY PROCEDURES
N/A
ATTACHMENT A 41
12 RELATED FORMS, DOCUMENTS, OR LINKS
FedRooms
https://www.fedrooms.com/
GSA.gov
https://www.gsa.gov/
Travel Authorization Form - Rev April 2022
Travel Expense Calculator
Reimbursement Disclaimer & Repayment Authorization Form Daily Owner Operator’s Mileage Log
Monthly Owner Operator’s Mileage Log

FREQUENTLY ASKED QUESTIONS
Q: What is per diem?
A: Per diem is the allowance for lodging (excluding taxes), meals and incidental expenses.

The General Services Administration (GSA) establishes per diem rates for destinations within the lower 48 Continental United States.

Q: What if a city is not listed on the Per Diem website? A: If a city is not listed, check to ensure that the county within which it is located is also not listed. Visit the National Association of Counties website at explorer.naco.org to determine the county a destination is located in. If the city is not listed, but the county is, then the per diem rate is the rate for that entire county.

Q: What is FedRooms?
A: FedRooms is the only government-wide government sponsored hotel program that gives you the value, choice, amenities and loyalty points you want.

Q: What if my hotel is in a location which has a higher per diem than the travel event? A: Traveler reimbursement is based on the location of the work activities and not the accommodations, unless lodging is not available at the work activity, then the agency may authorize the rate where lodging is obtained.)
Q: Are lodging taxes included in the GSA per diem rate? A: Lodging taxes are not included in the per diem rate.

Q: Are taxes and gratuity (tips) included in the Meals and Incidental (M&IE) expense rate?
A: Yes, the meals and incidental expense (M&IE) rate does include taxes and tips in the rate, so travelers will not be reimbursed separately for those items.

ATTACHMENT A 42
13 Q: What are Incidental Expenses
A: Incidental expenses are minor expenditures associated with business travel. These expenses comprise an immaterial part of the travel costs that a person might incur.

Examples of these expenses are baggage handler tips and room service tips.

Personal expenses are not considered incidental expenses.

Q: What are Business Expenses?
A: Business Expenses include but are not limited to: Parking Fees, Internet Access, Tolls, Uber, and BART.

UPDATE HISTORY
Adopted - 06/01/2001
Revised - 03/09/2003
Revised - 09/20/2004
Revived - 10/13/2017
Revised - 07/11/2018
Revised - 06/07/2022
ATTACHMENT A 43
Exhibit B
Insurance Requirements for Accounting Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

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

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 Contractor 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 Contractor provides written verification it has no employees)

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

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

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

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 ATTACHMENT A 44
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 selfinsurance 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, SelfInsured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this 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 ATTACHMENT A 45
of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

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

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the 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
ATTACHMENT A 46
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

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

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT A 47

EXHIBIT C

GENERAL TERMS AND CONDITIONS

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

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

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

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

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

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

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree ATTACHMENT A 48
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreementand shall not be disclosed to anyone not connected with these services unless the Cityprovides prior written consent.

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

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

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

9. Contractor’s Status.

9.1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor.It is understood by both Contractor and City that this Agreement shall not be construedor 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 ATTACHMENT A 49
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

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

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

10. Subcontractor.

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

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

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

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.

ATTACHMENT A 50

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

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

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

13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement.

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

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

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

ATTACHMENT A 51

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

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

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

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

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

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

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

ATTACHMENT A 52

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 orif it is found in contravention of any federal, state or city statue, ordinance or regulationthe remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

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

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

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

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.

ATTACHMENT A 53

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

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

31.Entire Agreement, Integration, and Modification.

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

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

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

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

ATTACHMENT A 54

EXHIBIT D

GOODS AND SERVICES SPECIAL TERMS AND CONDITIONS

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

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

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

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

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

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

3. Time for Performance.

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

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

ATTACHMENT A 55

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

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

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

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

5. Compensation

5.1 The Contractor shall be compensated for the services provided based upon the rates set forth in the Statement of Work, Section 6. Compensation.

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 basis.

ATTACHMENT A 56

6. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in the Statement of Work, Section 6. Compensation.

7. Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City.

Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

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

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

Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

10. Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement.

Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical ATTACHMENT A 57
material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City.

Contractor shall return to City or shall dispose of this property only according to City’s instruction.

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

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

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

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

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

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

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

ATTACHMENT A 58

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

Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately. City reserves the right to refuse, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.

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

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

ATTACHMENT A 59
Attachments
Attachment A - The Accounting Calendar Year Deliverables Attachment B - Standard Monthly Journal Entries (26 Vacant assignments) Attachment C - Special Financial Reports By Fund (25 vacant assignments) Attachment D - Vacant Fund Assignments (16 vacant assignments) ATTACHMENT A 60

ATTACHMENT A
ATTACHMENT A 61
ATTACHMENT A 62
ATTACHMENT A 63

ATTACHMENT B
ATTACHMENT A 64

ATTACHMENT C

ATTACHMENT A
65 ATTACHMENT D

ATTACHMENT A
66 City of Stockton
Legislation Text
File #: 24-0311, Version: 1

APPROVAL OF CITY COUNCIL MINUTES

RECOMMENDATION
Approve the minutes from the City Council meeting of February 6, 2024 Attachment A - 2024-02-06 Minutes
City of Stockton Page 1 of 1 Printed on 3/27/2024
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Attachment A 80
City of Stockton
Legislation Text
File #: 24-0308, Version: 1

AMENDED CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC FINANCING

AUTHORITY/STOCKTON PARKING AUTHORITY MEETING CALENDAR

RECOMMENDATION
It is recommended that the City Council, Successor Agency, Stockton Public Financing Authority, and Stockton Parking Authority adopt by motion the Amended 2024 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar.

Summary
A conflict in meeting schedules during the month of June 2024 as been identified. As a result, staff is requesting approval of the Amended 2024 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar.

DISCUSSION
Background
On November 14, 2023, with motion 2023-11-14-2023, the City Council approved the 2024 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar.

Due to an unanticipated conflict in calendars with the San Joaquin Council of Local Governments (SJCOG), the Stockton City Council has a need to amend its meeting calendar specific to the June 2024 meeting dates.

Present Situation
The previously approved regular council meeting scheduled for June 25, 2024, will be rescheduled to the week prior, on Tuesday, June 18, 2024. Because the FY 2024-25 Budget Study Sessions, and the subsequent public hearing to adopt the budget, are scheduled during the month of June, it is important that the City formally and publicly amend its meeting calendar.

FINANCIAL SUMMARY
There is no direct financial impact on the City of Stockton with this action.

Attachment A - Amended 2024 City Council Meeting Calendar City of Stockton Page 1 of 1 Printed on 3/27/2024
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2024 STOCKTON CITY COUNCIL
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Holidays (box) Council meeting (circle) City Hall closed (every other Friday) Possible Study Session (star) No Council meeting scheduled (slash) *Subject to change; special meetings scheduled as needed February

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ATTACHMENT A

AMENDED DRAFT
82 City of Stockton
Legislation Text
File #: 24-0309, Version: 1

CONVERT ONE PART-TIME POSITION IN THE OFFICE OF PERFORMANCE AND DATA

ANALYTICS TO A FULL-TIME POSITION

RECOMMENDATION
It is recommended that City Council approve by motion the addition of one (1) full-time position to the Office of Performance and Data Analytics, effective April 16, 2024.

Summary
Since September 2022, the Office of Performance and Data Analytics (OPDA) has carried one parttime position specific to administrative and clerical support. With the recent hiring of the new Director of the OPDA, upcoming appointments to the two approved data positions, and onboarding of student/interns, the office has identified the need to convert this part-time support position to a fulltime position.

DISCUSSION
Background
In September 2022, the OPDA hired a part-time Program Specialist - Office Specialist to support the administrative and clerical functions of the office. This includes coordinating multi-departmental meetings and workshops, coordinating and finalizing reports for publications, initiating the basic fiscal functions of the office such as ordering and entering payables, and serving as secretarial support for the Director.

The previous Director of the OPDA resigned in July 2023. The City immediately opened recruitment and the new Director started with the City on January 2, 2024.

Present Situation
Immediately upon starting with the City, the new Director began an assessment of the office, duties, workload, and City processes, and began identifying areas for improvement. The Director has presented a 30/60/90-day re-launch plan which includes recruiting for a full-time data engineer and data analyst, as well as part-time student interns. The two full-time positions are anticipated to be filled in April 2024.

To support a successful re-launch of the OPDA, and implementation of its improved workplan, the office would like to convert its existing part-time position to a full-time position to better support the anticipated increase in workload.

City of Stockton Page 1 of 2 Printed on 3/27/2024
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83 File #: 24-0309, Version: 1

FINANCIAL SUMMARY
The current part-time position, Program Specialist - Office Specialist, was hired at an hourly rate of $23.79, without benefits, and limited to 960 hours of service per fiscal year. The office is recommending converting this part-time position to a full-time Administrative Aide I (Confidential) (Attachment A).

This part-time position, paid at an hourly rate, was budgeted at $22,838.40 per fiscal year. Converting to a full-time Administrative Aide I (Confidential) would cost $93,818 per fiscal year (including all benefits). Funds are available in the current year budget for OPDA regular salaries, due to the vacancy savings. If approved, the added FTE and associated funds will be included in the FY2024-25 budget proposal.

Attachment A - Administrative Aide I (Confidential) Class Specification City of Stockton Page 2 of 2 Printed on 3/27/2024
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ATTACHMENT A 87
City of Stockton
Legislation Text
File #: 24-0015, Version: 1

ADOPT A RESOLUTION TO ACCEPT A STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION GRANT AWARD IN THE AMOUNT OF $7,016,086 FOR THE VAN BUSKIRK

PARK RENOVATION PROJECT

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

1. Authorize the City Manager to execute a grant agreement from the State of California Department of Parks and Recreation Statewide Park Development and Community Revitalization Program in the amount of $7,016,086;

2. Authorize the City Manager to appropriate grant revenues and expenditures in the amount of $7,016,086, and;

3. Authorize the City Manager to execute and manage contractor agreements and consultant agreements in amounts consistent with the Grant Agreement.

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

Summary
Staff seeks City Council’s approval to accept $7,016,086 in grant funding from the California Statewide Parks Program (SPP) Round 4 (Exhibit 1 to the Resolution). The Statewide Park Development and Community Revitalization program, also known as the Statewide Park Program (SPP), is administered by the California Department of Parks and Recreation and funds the creation of new parks and new recreation opportunities in underserved communities across California. The City of Stockton was awarded a grant through Round 4 of the Statewide Park Program for the 1st phase of the Van Buskirk Park Renovation Project. This first phase of the park renovation will focus on repairing the existing basketball courts, creation of (2) new basketball courts, and construction of a new skate park, BMX track, and bike trails. The project scope will include all associated landscape planting and irrigation, lighting, signage, fencing and site furnishings for those specific recreational features.

DISCUSSION
Background
The City of Stockton applied for the Statewide Parks Program (SPP) Round 4 opportunity on March 12, 2021, however the City’s application, Van Buskirk Park Renovation/Expansion, was not initially City of Stockton Page 1 of 2 Printed on 3/27/2024
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88 File #: 24-0015, Version: 1
successful. Prior to that, in November 2020, the City contracted with a design consultant, Design Workshop, to conduct a multi-year community engagement effort identifying the community’s vision for the 190+ acre parcel. In August 2023, with motion 2023-08-22-1501, the City adopted the 2023 Van Buskirk Master Plan and 2023 Biological Resources and Ecosystem Values Report (Attachments A & B).

The State informed staff in December 2023 that additional funds were available, and the City’s Van Buskirk project was being reconsidered for an award offered by the State for $7,061,086. City staff met with the State on numerous occasions to finalize the application and update application documents to fit the award amount and proposed project scope. The project scope: renovate existing basketball courts and construct (2) new basketball courts, new skate park and new BMX track and bike trails, represents a portion of the conceptual design as outlined in the Master Plan.

The preparation of the master plan included extensive community workshops, outreach, and feedback to develop a restored historical park for all ages of the community that will instill comradery, pride and enjoyment and aide in the improvements of the overall quality of life and health for residents of Stockton.

Present Situation
On December 28, 2023, the California Department of Parks and Recreation issued a press release announcing the City of Stockton as one of the grant award recipients in the amount of $7,016,086.

Grant funds will be used to hire an architect & consultants to complete the plans, specifications and environmental requirements, a construction manager, and a general contractor to build the project.

Included with the City’s grant application is a projected project timeline with a conservative estimated completion date of Fall 2027.

While Phase 1 of Van Buskirk Park Renovation/Expansion is underway, Staff are in the pursuit of additional grant funding to support additional phases of work, working towards the full scope of the re -use project. This first phase of the park renovation represents approximately 9% of the estimated $75.5M to complete.

FINANCIAL SUMMARY
The grant award is for $7,016,086. To establish the program and grant funding, an appropriation of revenue and expenditures of $7,016,086 is necessary in the City Manager’s Special Grants Fund - Reimbursement, General Administration Division. There will be no impact on the General Fund as a result of accepting this grant funding.

Attachment A - Master Plan Schematic Design with Phase 1 scope highlighted Attachment B - Master Plan Cost Opinion with Phase 1 scope highlighted City of Stockton Page 2 of 2 Printed on 3/27/2024
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89 $77$&+0(17$
90 $77$&+0(17$
91 PAY ITEM Description Quantity Unit Unit Price Extended Total Amount A Basketball Courts
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $15,000 $15,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $10,000 $10,000 3 Site Demolition 21,000 SF $2 $42,0004 Earthwork, Site Work Grading 21,000 SF $3 $63,0005 Paving - Court Surfacing 21,000 SF $20 $420,0006 Site Furnishings (Trash Receptacle, Benches, Back Boards, etc.) 1 LS $30,000 $30,000 7 Landscape Planting and Irrigation 1,500 SF $10 $15,000 8 Signage 1LS $5,000 $5,000
9 Site Lighting 1 LS $60,000 $60,000
10 Utilities 1 LS $15,000 $15,000
11 Fencing 650 LF $50 $32,500
Subtotal $707,50025% Contingency (Includes Design and Engineering) $176,875TOTAL $884,375 BSkate Park
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $30,000 $30,000 2 Temporary Fencing, Erosion Controls 1 LS $20,000 $20,000 3 Site Demolition 55,000 SF $3 $165,0004 Earthwork, Site Work Grading 55,000 SF $5 $275,0005 Skate Park Paving 50,000 SF $50 $2,500,0006 Plaza Area (half of plaza) 3,000 SF $20 $60,0007 Shade Structure Shelter 1 EA $20,000 $20,000 8 Site Furnishings (Trash Receptacle, Benches, Bike Racks, etc.) 1 LS $15,000 $15,000 9 Utilities 1 LS $15,000 $15,000
10 Site Lighting 1 LS $45,000 $45,00011 Landscape and Irrigation 3,000 SF $8 $24,00012 Signage 1 LS $5,000 $5,000 Subtotal $3,174,00025% Contingency (Includes Design and Engineering) $793,500TOTAL $3,967,500 C BMX Track and Bike Trails
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $30,000 $30,000 2 Temporary Fencing, Erosion Controls 1 LS $20,000 $20,000 3 Site Demolition 265,000 SF $3 $795,0004 Earthwork, Site Work Grading 265,000 SF $8 $2,120,000 5 Plaza Area (half of plaza) 3,000 SF $15 $45,000
6 Shade Structure Shelter 1 EA $20,000 $20,000
7 Site Furnishings (Trash Receptacle, Benches, Bike Racks, Storge Shed, etc 1 LS $25,000 $25,000 8 Utilities 1 LS $15,000 $15,000
9 Site Lighting 1 LS $50,000 $50,000
10 Landscape Planting and Irrigation 3,000 SF $10 $30,000 11 Signage 1 LS $4,000 $4,00012 Fencing 750 LF $50 $37,500 Subtotal $3,191,50025% Contingency (Includes Design and Engineering) $797,875TOTAL $3,989,375 DCommunity Garden
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $10,000 $10,000 2 Temporary Fencing, Erosion Controls, Fencing (2%) 1 LS $5,000 $5,0003 Site Demolition 225,000 SF $2 $450,000 4 Earthwork, Site Work Grading 225,000 SF $3 $675,0005 Decomposed Granite Paving/ Pathways 112,500 SF $8 $900,000 6 Storage Sheds ( Pre Fabricated) 2 EA $25,000 $50,0007 Site Furnishings (Trash Receptacle, Benched, etc.) 1 LS $15,000 $15,000 8 Landscape Planting and Irrigation (Prep for Planting Only) 112,500 SF $4 $450,000 9 Raised Planters/ Boxes 1 LS $30,000 $30,000
10 Utilities 1 LS $20,000 $20,000
11 Site Lighting 1 LS $50,000 $50,000
12 Fencing 2,000 LF $40 $80,000
Subtotal $2,735,00025% Contingency (Includes Design and Engineering) $683,750TOTAL $3,418,750 E Multi Purpose Lawn and Water Play
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $30,000 $30,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $7,500 $7,500 3 Site Demolition 420,000 SF $2 $840,000
4 Earthwork, Site Work Grading 420,000 SF $3 $1,260,000 5 Splash Pad 1 LS $300,000 $300,000
6 Multi Purpose Lawn Area and Irrigation 380,000 SF $3 $1,140,0007 Landscape Planting and Irrigation 10,000 SF $5 $50,000 8 Paving/ Walkways 5,000 SF $15 $75,0009 Restroom 1 EA $500,000 $500,000 10 Shade Structure Shelter 2 EA $20,000 $40,000
11 Site Furnishings (Trash Receptacle, Benched, etc.) 1 LS $60,000 $60,00012 Utilities 1 LS $70,000 $70,000 13 Site Lighting 1 LS $20,000 $20,000
14 Fencing 200 LF $50 $10,000
Subtotal $4,402,50025% Contingency (Includes Design and Engineering) $1,100,625TOTAL $5,503,125 F Disc Golf
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $10,000 $10,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $5,000 $5,0003 Site Demolition 550,000 SF $0.5 $275,0004 Earthwork, Site Work Grading 550,000 LS $1 $275,000 5 Decomposed Granite Area 55,000 SF $5 $275,0006 Shade Structure Shelter 2 EA $15,000 $30,000 7 Site Furnishings (Trash Receptacle, Benches, Baskets, etc.) 1 LS $70,000 $70,0008 Revegetation/ Temp Irrigation 495,000 SF $2 $990,000 9 Signage 1LS $5,000 $5,000
10 Utilities 1 LS $5,000 $5,000
Subtotal $1,940,00025% Contingency (Includes Design and Engineering) $485,000TOTAL $2,425,000

ATTACHMENT B
B Skate Park
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $30,000 $30,0002 Temporary Fencing, Erosion Controls 1 LS $20,000 $20,0003 Site Demolition 55,000 SF $3 $165,0004 Earthwork, Site Work Grading 55,000 SF $5 $275,0005 Skate Park Paving 50,000 SF $50 $2,500,0006 Plaza Area (half of plaza) 3,000 SF $20 $60,0007 Shade Structure Shelter 1 EA $20,000 $20,0008 Site Furnishings (Trash Receptacle, Benches, Bike Racks, etc.) 1 LS $15,000 $15,0009 Utilities 1 LS $15,000 $15,000 10 Site Lighting 1 LS $45,000 $45,000
11 Landscape and Irrigation 3,000 SF $8 $24,00012 Signage 1 LS $5,000 $5,000 Subtotal $3,174,00025% Contingency (Includes Design and Engineering) $793,500 C BMX Track and Bike Trails
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $30,000 $30,0002 Temporary Fencing, Erosion Controls 1 LS $20,000 $20,0003 Site Demolition 265,000 SF $3 $795,000 4 Earthwork, Site Work Grading 265,000 SF $8 $2,120,0005 Plaza Area (half of plaza) 3,000 SF $15 $45,0006 Shade Structure Shelter 1 EA $20,000 $20,0007 Site Furnishings (Trash Receptacle, Benches, Bike Racks, Storge Shed, etc 1 LS $25,000 $25,0008 Utilities 1 LS $15,000 $15,0009 Site Lighting 1 LS $50,000 $50,000 10 Landscape Planting and Irrigation 3,000 SF $10 $30,00011 Signage 1 LS $4,000 $4,000 12 Fencing 750 LF $50 $37,500
Subtotal $3,191,50025% Contingency (Includes Design and Engineering) $797,875TOTAL $, , 3 989 375TOTAL $3,967,500 3,967,500 A Basketball Courts
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $15,000 $15,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $10,000 $10,0003 Site Demolition 21,000 SF $2 $42,0004 Earthwork, Site Work Grading 21,000 SF $3 $63,0005 Paving - Court Surfacing 21,000 SF $20 $420,0006 Site Furnishings (Trash Receptacle, Benches, Back Boards, etc.) 1 LS $30,000 $30,0007 Landscape Planting and Irrigation 1,500 SF $10 $15,0008 Signage 1 LS $5,000 $5,0009 Site Lighting 1 LS $60,000 $60,000 10 Utilities 1 LS $15,000 $15,00011 Fencing 650 LF $50 $32,500 Subtotal $707,50025% Contingency (Includes Design and Engineering) $176,875TOTAL $884,375 92 I Event Area
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $15,000 $15,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $10,000 $10,000 3 Site Demolition 75,000 SF $2 $150,0004 Earthwork, Site Work Grading 75,000 SF $3 $225,000 5 Performance Stage 1 LS $150,000 $150,0006 Paving / Walkways 7,500 SF $25 $187,5007 Event Lawn Area and Irrigation 60,000 SF $8 $480,0008 Landscape Planting and Irrigation 7,500 SF $10 $75,000 9 Site Furnishings (Trash Receptacle, Benches, Bike Racks, etc.) 1 LS $15,000 $15,000 10 Utilities 1 LS $125,000 $125,00011 Signage 1 LS $2,500 $2,500 12 Fencing 500 LF $50 $25,000
Subtotal $1,460,00025% Contingency (Includes Design and Engineering) $365,000TOTAL $1,825,000 J Playground and Adventure Playground (Near Clubhouse)1 Playground and Adventure Playground 1 LS $30,000 $30,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $10,000 $10,000 3 Site Demolition 44,000 SF $2 $88,0004 Earthwork, Site Work Grading 44,000 SF $3 $132,0005 Play Ground (Equipment and Surfacing) 1 LS $850,000 $850,000 6 Shade Structure Shelter 2 EA $40,000 $80,0007 Site Furnishings (Trash Receptacle, Benches, Bike Racks, etc.) 1 LS $60,000 $60,000 8 Paving - Pedestrian Concrete 3,000 SF $20 $60,000
9 Landscape Planting and Irrigation 2,500 SF $5 $12,500 10 Utilities 1 LS $45,000 $45,000
11 Signage 1 LS $5,000 $5,00012 Fencing 1,200 LF $50 $60,000 Subtotal $1,432,50025% Contingency (Includes Design and Engineering) $358,125TOTAL $1,790,625 K Community Facilities/ Events Staging
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $30,000 $30,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $25,000 $25,000 3 Site Demolition 92,000 SF $2 $184,0004 Earthwork, Site Work Grading 92,000 SF $3 $276,000 5 New Community Building 12,500 SF $650 $8,125,0006 Plaza Area 20,500 SF $20 $410,000 7 Sidewalks 5,000 SF $15 $75,000
8 Seatwall 300 LF $75 $22,5009 Asphalt Drop Off 4,300 SF $20 $86,000 10 Event Lawn Area and Irrigation 7,700 SF $8 $61,60011 Landscape Planting and Irrigation 45,700 SF $10 $457,000 12 Site Furnishings (Trash Receptacle, Benches, Bike Racks, etc.) 1 LS $70,000 $70,000 13 Utilities 1 LS $30,000 $30,000
14 Signage 1 LS $8,000 $8,000
Subtotal $9,860,10025% Contingency (Includes Design and Engineering) $2,465,025TOTAL $12,325,125 LDog Park
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $15,000 $15,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $10,000 $10,0003 Site Demolition 115,000 SF $2 $230,000 4 Earthwork, Site Work Grading 115,000 SF $3 $345,0005 Paving - Pedestrian Concrete 15,000 SF $25 $375,000 6 Decomposed Granite Area 35,000 SF $8 $280,0007 Shade Structure Shelter 2 EA $25,000 $50,000 8 Site Furnishings (Trash Receptacle, Benches, Bike Racks, etc.) 1 LS $7,500 $7,500 9 Lawn Area and Irrigation 60,000 SF $8 $480,000
10 Landscape Planting and Irrigation 5,000 SF $10 $50,000 11 Signage 1 LS $3,000 $3,00012 Utilities 1 LS $15,000 $15,000 13 Fencing 1,200 LF $50 $60,000
Subtotal $1,920,50025% Contingency (Includes Design and Engineering) $480,125TOTAL $2,400,625 GGolf Academy
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $40,000 $40,0002 Temporary Fencing, Erosion Controls, Fencing 1 LS $30,000 $30,000 3 Site Demolition 1,040,000 SF $0.3 $260,000
4 Earthwork, Site Work Grading 1,040,000 SF $0.3 $260,0005 Training Facility (3000 sf) 3,000 SF $600 $1,800,000 6 Greens 30,000 SF $40 $1,200,0007 T Boxes 10,000 SF $30 $300,0008 Fairways 130,000 SF $15 $1,950,0009 Driving Range 35,000 SF $15 $525,000 10 Sand Traps/ Hazards 13,000 SF $15 $195,000
11 Cart Pats/Walkways 40,000 SF $10 $400,000
12 Landscape Restoration and Irrigation 555,000 SF $3 $1,665,00013 Landscape Planting and Irrigation 224,000 SF $5 $1,120,00014 Site Furnishings (Trash Receptacle, Benches, Safety Netting, etc.) 1 LS $100,000 $100,000 15 Fencing 3,400 LF $50 $170,00016 Utilities 1 LS $50,000 $50,000 17 Signage 1 LS $5,000 $5,000
Subtotal $10,070,00025% Contingency (Includes Design and Engineering) $2,517,500TOTAL $12,587,500 H Pickleball Courts
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $20,000 $20,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $10,000 $10,000 3 Site Demolition 22,000 SF $3 $66,0004 Earthwork, Site Work Grading 22,000 SF $4 $88,000 5 Court Paving 22,000 SF $30 $660,000
6 Shade Structure Shelter 2 EA $15,000 $30,0007 Site Furnishings (Trash Receptacle, Benched, etc.) 1 LS $10,000 $10,000 8 Utilities 1 LS $10,000 $10,0009 Site Lighting 1 LS $30,000 $30,000 10 Fencing 520 LF $40 $20,800
Subtotal $944,80025% Contingency (Includes Design and Engineering) $236,200TOTAL $1,181,000

ATTACHMENT B
93 P Parking Area 1 - Near Community Center
1 Mobilization/Demobilization, Bonding, Insurance 1LS $5,000 $5,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $5,000 $5,0003 Site Demolition 44,000 LS $1 $44,0004 Earthwork, Site Work Grading 44,000 LS $1 $44,0005 Paving - Pedestrian Concrete 5,000 SF $15 $75,000 6 Paving - Vehicular Asphalt 33,000 SF $25 $825,0007 Curb and Gutter 700 LF $40 $28,000 8 Landscape Planting and Irrigation 6,000 SF $8 $48,000 9 Utilities 1 LS $60,000 $60,000
10 Signage 1LS $4,000 $4,000
Subtotal $1,138,00025% Contingency (Includes Design and Engineering) $284,500TOTAL $1,422,500 Q Parking Area 2- Near Multi Purpose Lawn and Playground 1 Mobilization/Demobilization, Bonding, Insurance 1 LS $5,000 $5,0002 Temporary Fencing, Erosion Controls, Fencing 1 LS $5,000 $5,0003 Site Demolition 58,000 LS $1 $58,000 4 Earthwork, Site Work Grading 58,000 LS $1 $58,0005 Paving - Pedestrian Concrete 3,000 SF $15 $45,0006 Paving - Vehicular Asphalt 52,000 SF $25 $1,300,0007 Curb and Gutter 1,600 LF $40 $64,000 8 Landscape Planting and Irrigation 3,000 SF $8 $24,000 9 Utilities 1 LS $80,000 $80,000
10 Signage 1 LS $4,000 $4,000
Subtotal $1,643,00025% Contingency (Includes Design and Engineering) $410,750TOTAL $2,053,750 OLinear Park
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $15,000 $15,0002 Temporary Fencing, Erosion Controls, Fencing 1 LS $10,000 $10,000 3 Site Demolition 650,000 SF $1.0 $650,000
4 Earthwork, Site Work Grading 650,000 LS $2.0 $1,300,0005 Multi Use Path (Asphalt @ 10 wide) 86,000 SF $10 $860,0006 Site Furnishings (Trash Receptacle, Benches, Bike Racks, etc.) 1 LS $15,000 $15,000 7 Landscape Planting and Irrigation 564,000 SF $4 $2,256,000 8 Signage 1LS $3,000 $3,000
9 Utilities 1 LS $15,000 $15,000
10 Fencing 9,000 LF $50 $450,000
Subtotal $5,574,00025% Contingency (Includes Design and Engineering) $1,393,500TOTAL $6,967,500 M Trails and Fitness Loop
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $30,000 $30,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $30,000 $30,000 3 Site Demolition 3,100,000 SF $0.5 $1,550,000
4 Earthwork, Site Work Grading 3,100,000 SF $0.5 $1,550,0005 Multi Use Path (Asphalt @ 10' wide, 3 miles long) 157,000 SF $10 $1,570,0006 Decomposed Granite Paving/ Pathways (6' wide, 2miles long) 63,200 SF $5 $316,0007 Site Furnishings (Trash Receptacle, Benches, Bike Racks, etc.) 1 LS $30,000 $30,000 8 Fitness Loop Equipment 1 LS $200,000 $200,0009 Revegetation/ Temp Irrigation 2,879,000 SF $0.5 $1,439,500 10 Landscape Planting and Irrigation 2 SF $8 $16
11 Site Furnishings (Trash Receptacle, Benches, Bike Racks, etc.) 1 LS $15,000 $15,000 12 Utilities 1 LS $50,000 $50,000
13 Signage 1 LS $2,500 $2,50014 Fencing 10,000 LF $50 $500,000 Subtotal $7,283,01625% Contingency (Includes Design and Engineering) $1,820,754TOTAL $9,103,770 N Neighborhood Park - West End
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $15,000 $15,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $10,000 $10,000 3 Site Demolition 46,000 SF $1 $46,0004 Earthwork, Site Work Grading 46,000 SF $3 $138,0005 Paving - Vehicular Asphalt 8,200 SF $30 $246,0006 Curb and Gutter 200 LF $40 $8,000 7 Paving - Pedestrian Concrete 5,000 SF $20 $100,0008 Play Ground (Equipment and Surfacing) 1 LS $200,000 $200,000 9 Shade Structure Shelter 1 EA $15,000 $15,000
10 Site Furnishings (Trash Receptacle, Benches, Bike Racks, etc.) 1 LS $7,500 $7,500 11 Landscape Planting and Irrigation 5,000 SF $8 $40,000 12 Signage 1 LS $3,000 $3,00013 Utilities 1 LS $5,000 $5,00014 Fencing 400 LF $50 $20,000 Subtotal $853,50025% Contingency (Includes Design and Engineering) $213,375TOTAL $1,066,875 LDog Park
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $15,000 $15,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $10,000 $10,000 3 Site Demolition 115,000 SF $2 $230,000
4 Earthwork, Site Work Grading 115,000 SF $3 $345,0005 Paving - Pedestrian Concrete 15,000 SF $25 $375,000 6 Decomposed Granite Area 35,000 SF $8 $280,000
7 Shade Structure Shelter 2 EA $25,000 $50,000
8 Site Furnishings (Trash Receptacle, Benches, Bike Racks, etc.) 1 LS $7,500 $7,500 9 Lawn Area and Irrigation 60,000 SF $8 $480,000
10 Landscape Planting and Irrigation 5,000 SF $10 $50,000 11 Signage 1 LS $3,000 $3,000
12 Utilities 1 LS $15,000 $15,000
13 Fencing 1,200 LF $50 $60,000
Subtotal $1,920,50025% Contingency (Includes Design and Engineering) $480,125TOTAL $2,400,625

ATTACHMENT B
94 R Parking Area 3 - Near Event Area
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $5,000 $5,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $5,000 $5,000 3 Site Demolition 30,000 LS $1 $30,000
4 Earthwork, Site Work Grading 30,000 LS $1 $30,000
5 Paving - Pedestrian Concrete 1,500 SF $15 $22,500
6 Paving - Vehicular Asphalt 26,500 SF $25 $662,5007 Curb and Gutter 800 LF $40 $32,000 8 Landscape Planting and Irrigation 2,000 SF $8 $16,000 9 Utilities 1 LS $50,000 $50,000
10 Signage 1 LS $3,000 $3,000
Subtotal $856,00025% Contingency (Includes Design and Engineering) $214,000TOTAL $1,070,000 S Parking Area 4 - Renovation of Existing Parking
1 Mobilization/Demobilization, Bonding, Insurance 1 LS $5,000 $5,000 2 Temporary Fencing, Erosion Controls, Fencing 1 LS $5,000 $5,000 3 Site Preparation 105,000 SF $1 $105,000
4 Paving Resurfacing - Vehicular Asphalt 101,000 SF $10 $1,010,000 5 Curb and Gutter 800 LF $40 $32,000
6 Landscape Planting and Irrigation Modification 4,000 SF $4 $16,000 7 Utilities 1 LS $45,000 $45,000
8 Signage 1LS $4,000 $4,000
Subtotal $1,222,00025% Contingency (Includes Design and Engineering) $305,500TOTAL $1,527,500 PAY ITEM Description Extended Total Amount
A Basketball Courts
TOTAL $884,375
B Skate Park
TOTAL $3,967,500
C BMX Track and Bike Trails
TOTAL $3,989,375
D Community Garden
TOTAL $3,418,750
E Multipurpose Lawn and Water Play
TOTAL $5,503,125
F Disc Golf
TOTAL $2,425,000
G Golf Academy
TOTAL $12,587,500
H Pickleball Courts
TOTAL $1,181,000
I Event Area
TOTAL $1,825,000
J Playground and Adventure Playground (Near Clubhouse)
TOTAL $1,790,625
K Community Facilities/ Events Staging
TOTAL $12,325,125
L Dog Park
TOTAL $2,400,625
M Trails and Fitness Loop
TOTAL $9,103,770
N Neighborhood Park - West End
TOTAL $1,066,875
O Linear Park
TOTAL $6,967,500
P Parking Area 1 - Near Community Center
TOTAL $1,422,500
Q Parking Area 2- Near Multi Purpose Lawn and Playground TOTAL $2,053,750
R Parking Area 3 - Near Event Area
TOTAL $1,070,000
S Parking Area 4 - Renovation of Existing Parking
TOTAL $1,527,500TOTAL Extended Costs $75,509,895

ATTACHMENT B
TOTAL $3,989,375
C BMX Track and Bike Trails
TOTAL $3,967,500
B Skate Park
TOTAL $884,375
A Basketball Courts
$, ,
95 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TO ACCEPT A CALIFORNIA STATEWIDE PARK DEVELOPMENT

AND COMMUNITY REVITALIZATION GRANT AWARD FOR THE VAN BUSKIRK PARK RENOVATION PROJECT IN THE AMOUNT OF $7,016,086
The City Manager authorized staff to apply for a Round 4 Statewide Park Program (SPP) grant opportunity in the amount of $7,016,086; and On December 28, 2023, the California Department of Parks and Recreation’s Office of Grants and Local Services (OGALS), awarded the City of Stockton a $7,016,086 Round 4 Statewide Park Development and Community Revitalization Program (SPP) grant for the Van Buskirk Park Renovation; and
The SPP Grant Round 4 will provide funding needed to kick-off the first phase of the Van Buskirk Park Renovation; and
The project will provide revitalization to the City of Stockton’s largest park including improved health and well-being to the underserved community of South Stockton; and This first phase of the park renovation will focus on repairing the existing basketball courts, creation of new basketball courts, and construction of a new skate park, BMX track, and bike trails; now, therefore,

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

1. Authorize the City Manager to execute a grant agreement from the State of California Department of Parks and Recreation Statewide Park Development and Community Revitalization Program in the amount of $7,016,086 (Exhibit 1).

2. Authorize the City Manager to appropriate grant revenues and expenditures in the amount of $7,016,086.

3. Authorize the City Manager to execute and manage contractor agreements and consultant agreements in amounts consistent with the Grant Agreement. //
//
//
//
//
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96 4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED April 2, 2024 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
97 State of California - Natural Resources Agency
Department of Parks and Recreation

GRANT CONTRACT
2018 Parks Bond Act
Statewide Park Development and Community Revitalization PROJECT NO.

GRANTEE

PROJECT TITLE PROJECT NUMBER
Total State Grant not to exceed
Grantee
The General and Special Provisions attached are made a part of and incorporated into the Contract.

By
Title
Date
Signature of Authorized Representative
By
Date

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

CERTIFICATION OF FUNDING
(For State Use Only)

AMOUNT ENCUMBERED BY THIS DOCUMENT

CONTRACT NO
FUND.

PRIOR AMOUNT ENCUMBERED FOR THIS

CONTRACT
FISCAL SUPPLIER I.D.

TOTAL AMOUNT ENCUMBERED TO DATE
$

ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. PROJECT / WORK PHASE City of Stockton
VAN BUSKIRK PARK RENOVATION SW-39-004
July 01, 2023 through June 30, 2027
2023/24
C5056074 SW-39-004
3790-101-0001 12
City of Stockton
$7,016,086.00
General Fund
37900091 5432000-5432000000
$7,016,086.00
City Manager
0000011810
The GRANTEE agrees to the terms and conditions of this contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Development PROJECT SCOPE / Cost Estimate Form or Acquisition documentation for the Application(s) filed with the State of California. 3790000SW39004
Typed or printed name of Authorized Representative
GRANT PERFORMANCE PERIOD is from
23 AMENDMENT NO
$7,016,086.00
Address

ACTIVITY CODE
60068
CONTRACT PERFORMANCE PERIOD is from July 01, 2023 through June 30, 2053 Signature of Authorized Representative
Typed or printed name of Authorized Representative
Title
EXHIBIT 1 98
I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Stockton (hereinafter referred to as “GRANTEE”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$7,016,086, subject to the terms and conditions of this CONTRACT and the 2023/24 California State Budget, Chapter 12, statutes of 2023, Item number – 3790-101-0001 (appropriation chapter and budget item number hereinafter referred to as “2018 Parks Bond Act, Statewide Park Development and Community Revitalization GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from _July 01, 2023 to _June 30, 2027.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.

4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term “GUIDE” means (1) the document identified as the “Grant Administration Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Competitive Grant Programs Capital EXHIBIT 1 99
Improvement Projects” and (2) The Application Guide that established the competitive procedures and policies for the selection of projects.

B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

To maintain the integrity of the competitive grant program, the GRANTEE agrees that any other project changes or alterations which deviate from the intent of the project selection criteria provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).

C. Project Guide

1. GRANTEE agrees to abide by the GUIDES.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

EXHIBIT 1 100
D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds may be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

EXHIBIT 1 101

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

EXHIBIT 1 102
H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT.

Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the EXHIBIT 1 103
purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.

5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest EXHIBIT 1 104
against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.

III. Special Provisions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting EXHIBIT 1 105
prohibited transactions with sanctioned individuals or entities that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State. _City of Stockton____________________________________

GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
EXHIBIT 1 106
City of Stockton
Legislation Text
File #: 24-0158, Version: 1

APPROVE A MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT TO ACCELA

INCORPORATED FOR PERMITTING SOFTWARE

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

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

2. Approve entering into a new contract with Accela Inc. to provide a permitting and land-use management software system for a total not-to-exceed amount of $3,151,453 for ten (10) years.

3. Appropriate $356,787.55 from Development Services fund balance to the Community Development operating expenditure account 5510/220-221 for Fiscal Year 2023-24, an aggregate amount of $513,637.55 including the budgeted Technology Internal Service Fund (ISF), for the two-year prepayment of the Service Contract.

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

Summary
Accela is the cloud-based software that serves as the foundation for the Community Development Department’s (CDD) management of Building, Development Engineering, and Planning permitting functions.

CDD acquired Accela software in 2014 with a 10-year contract, with Accela Subscription Services expiring on May 20, 2024. Since the original implementation, significant investment has been made in streamlining and automating workflows, expanding online services for customers, and integrating with the recently launched CDD Virtual Assistant. Fire Prevention is also mid-implementation, transitioning their annual and one-time Fire Prevention permits out of the legacy HTE system into Accela.

It is recommended that Council adopt a motion to approve findings that justify and support an exception to the competitive bidding process and authorize the City Manager to execute a Professional Services Agreement (Attachment A) with Accela Inc. for a not-to-exceed contract amount of $3,151,453 for a new 10-year term to provide for continuity of existing services.

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DISCUSSION
Background
A Request for Proposal (RFP) was issued in 2013 to acquire a new software system for permit management. Upon completion of the RFP process, Accela was ranked the highest in many attributes. Implemented in 2015, Accela replaced the legacy HTE software and became the backbone software system for CDD.

Accela is a web-based software-as-a-service (SaaS) product. This structure ensures the underlying technology is continuously updated and advanced, including ongoing security enhancements and expanded functionality, as part of the contract. Accela has proven itself highly adaptable to meet the specific needs of Stockton and is recognized as the industry leader in providing government permit management software to multiple levels of government agencies globally.

Present Situation
Over the last six years, CDD has continued to update its Accela configuration, building from the original implementation, expanding online access to core department services for customers such as bill payment, application submittal, inspection scheduling, and more. Benefits from this effort also include streamlining internal processes and workflows to improve City performance and expedite permit review times.

CDD is working closely with Fire Prevention, moving Fire’s annual and one-time permits out of their existing system and into Accela. This current effort will provide increased efficiency for staff, faster permit issuance for customers, and provide the online customer services currently available to CDD customers.

Stockton’s Office of Performance and Data Analytics (OPDA) early data analysis identified a baseline level of historical performance for permit review and issuance, and continuously tracks improvement goals. Accela has recently begun offering their new Enhanced Reporting Database (ERD) which provides direct connection between data in Accela to external platforms such as advanced analytical tools like PowerBi, GIS, and Stockton’s Open Data Portal. Acquiring the ERD as part of this contract will significantly streamline the process of data analysis and enhance Stockton’s ability to provide timely and advanced data analysis to staff, city leadership, and the public.

Findings
Pursuant to Stockton Municipal Code Section 3.68.070, the City Council may approve findings which support and justify an exception to the competitive bidding process. The following findings support such an exception:

1. Accela Inc. is the sole provider of Accela software licenses

2. It is in the City’s best interest to continue utilizing Accela software for continuity of managing permitting services
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3. Use of the Single Available Source process is appropriate for this Professional Services Agreement

FINANCIAL SUMMARY
The total cost of the software for ten (10) years of service is $3,151,453 as shown in Attachment B.

Accela provided multiple pricing scenarios with different term lengths, a pre-payment discount option, and inclusion of the ERD. Based on CDD’s analysis, as well as OPDA and the City Manager’s concurrence, the recommendation is based on the following:
· Ten-year term - Yields the lowest price as compared to a five-year term · Two years prepaid - Paying Years 1 and 2 up-front ($513,637.55) yields a 9% discount for the life of the contract
Accela incorporates a 5% annual escalator in all of their contracts, which is reflected in the annual cost breakdown shown below:

Year Cost
Year 1 $ 250,554.90
Year 2 $ 263,082.65
Year 3 $ 276,236.77
Year 4 $ 290,048.62
Year 5 $ 304,551.05
Year 6 $ 319,778.60
Year 7 $ 335,767.53
Year 8 $ 352,555.91
Year 9 $ 370,183.70
Year 10 $ 388,692.88
Total $ 3,151,452.61
Funding in the amount of $156,850 is available in the Technology Internal Service Fund (ISF) 3020- 000-630013-510-511-00-30-000-000- for Fiscal Year 2023-24. Additionally, an appropriation of $356,787.55 from the Development Services fund balance to the Community Development operating expenditure account 5510-000-630002-220-221-10-55-000-000- is proposed. This, when combined with the ISF budgeted amount, brings the aggregate cost of the two-year prepayment to $513,637.55.

The remaining years of service will be allocated through the Technology ISF, account 3020/510-511, and funded by CDD’s Technology Fee which is charged at a rate of 7.5% on most permits for the express purpose of maintaining and improving the technology used by the Permit Center to serve customers. Sufficient funds will be allocated to sustain the full cost of this agreement.

Attachment A - Professional Services Agreement
Attachment B - Accela Subscription Order Form
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CITY OF STOCKTON

STANDARD AGREEMENT

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

2. The term of this Agreement is as follows, unless amended as described in 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.
(a) Exhibit A – Order Form
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
(d) Exhibit D – AccelaSubscription Services Agreement
(e) Exhibit E – Accela Standard Support Policy
(f) Exhibit F – Accela Data Storage Policy
(g) Exhibit G – Accela Service Availability and Security (h) Exhibit H – Accela Enhanced Reporting Database Policy (i) Exhibit I – Compensation Schedule
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:
$3,151,452.61
Agreement Number:
5/21/2024 5/20/2034
ATTACHMENT A1
110
2633 Camino Ramon, Suite 500
San Ramon, CA, 94583
Proposed by: Brad Jacobs
Contact Phone:

Contact Email: [email protected]
Quote ID: Q-32524
Valid Through: 5/20/2024
Currency: USD
Exhibit A Order Form
Address Information
Bill To: Ship To:

City of Stockton City of Stockton
425 N. El Dorado Street
Stockton, California 95202-1997
United States
425 N. El Dorado Street
Stockton, California 95202
United States
Billing Name: Christine Fipps
Billing Phone: (209) 937-8082
Billing Email: [email protected]
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 1 5/21/2024 5/20/2025 12 $1,945.00 113 $219,785.00 > Accela Building - SaaS Year 1 5/21/2024 5/20/2025 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 1 5/21/2024 5/20/2025 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 1 5/21/2024 5/20/2025 12 $30,769.90 1 $30,769.90
TOTAL: $250,554.90
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 2 5/21/2025 5/20/2026 12 $2,042.25 113 $230,774.25 > Accela Building - SaaS Year 2 5/21/2025 5/20/2026 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 2 5/21/2025 5/20/2026 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 2 5/21/2025 5/20/2026 12 $32,308.40 1 $32,308.40
TOTAL: $263,082.65
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 3 5/21/2026 5/20/2027 12 $2,144.36 113 $242,312.96 > Accela Building - SaaS Year 3 5/21/2026 5/20/2027 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 3 5/21/2026 5/20/2027 12 $0.00 113 $0.00 ATTACHMENT A2
111
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 4 5/21/2027 5/20/2028 12 $2,251.58 113 $254,428.61 > Accela Building - SaaS Year 4 5/21/2027 5/20/2028 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 4 5/21/2027 5/20/2028 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 4 5/21/2027 5/20/2028 12 $35,620.01 1 $35,620.01
TOTAL: $290,048.62
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 5 5/21/2028 5/20/2029 12 $2,364.16 113 $267,150.04 > Accela Building - SaaS Year 5 5/21/2028 5/20/2029 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 5 5/21/2028 5/20/2029 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 5 5/21/2028 5/20/2029 12 $37,401.01 1 $37,401.01
TOTAL: $304,551.05
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 6 5/21/2029 5/20/2030 12 $2,482.37 113 $280,507.54 > Accela Building - SaaS Year 6 5/21/2029 5/20/2030 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 6 5/21/2029 5/20/2030 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 6 5/21/2029 5/20/2030 12 $39,271.06 1 $39,271.06
TOTAL: $319,778.60
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 7 5/21/2030 5/20/2031 12 $2,606.49 113 $294,532.92 > Accela Building - SaaS Year 7 5/21/2030 5/20/2031 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 7 5/21/2030 5/20/2031 12 $0.00 113 $0.00 Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Enhanced Reporting Database
(ERD)
Year 3 5/21/2026 5/20/2027 12 $33,923.81 1 $33,923.81
TOTAL: $276,236.77
ATTACHMENT A3
112
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 8 5/21/2031 5/20/2032 12 $2,736.81 113 $309,259.57 > Accela Building - SaaS Year 8 5/21/2031 5/20/2032 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 8 5/21/2031 5/20/2032 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 8 5/21/2031 5/20/2032 12 $43,296.34 1 $43,296.34
TOTAL: $352,555.91
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 9 5/21/2032 5/20/2033 12 $2,873.65 113 $324,722.54 > Accela Building - SaaS Year 9 5/21/2032 5/20/2033 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 9 5/21/2032 5/20/2033 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 9 5/21/2032 5/20/2033 12 $45,461.16 1 $45,461.16
TOTAL: $370,183.70
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 10 5/21/2033 5/20/2034 12 $3,017.33 113 $340,958.67 > Accela Building - SaaS Year 10 5/21/2033 5/20/2034 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 10 5/21/2033 5/20/2034 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 10 5/21/2033 5/20/2034 12 $47,734.21 1 $47,734.21
TOTAL: $388,692.88
Pricing Summary
Period Net Total
Year 1 $ 250,554.90
Year 2 $ 263,082.65
Year 3 $ 276,236.77
Year 4 $ 290,048.62
Year 5 $ 304,551.05
Year 6 $ 319,778.60
Year 7 $ 335,767.53
Year 8 $ 352,555.91
Year 9 $ 370,183.70
Year 10 $ 388,692.88
Total $ 3,151,452.61
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Enhanced Reporting Database
(ERD)
Year 7 5/21/2030 5/20/2031 12 $41,234.61 1 $41,234.61
TOTAL: $335,767.53
ATTACHMENT A4
113
Additional Terms:

1. This Order Form, including any OnPrem Licenses, Maintenance and Support, and Subscription Services, Enhanced Reporting Database and Managed Application Services will be governed by the applicable terms and conditions. If those terms and conditions are non-existent, have expired, do not apply or have otherwise been terminated, the following terms at https://www.accela.com/terms/ will govern as applicable, based on the Customer’s purchase.

2. All Software Licenses, Maintenance, and Subscription purchases are non-cancelable and non-refundable.

3. If Customer has a prior agreement with Accela, and this purchase is co-terming with that prior agreement, if the start date on this Order Form is before the actual delivery date of the purchase, Accela may pro-rate this purchase so that it can co-term with the prior agreement.

4. If this Order Form is executed and/or returned to Accela by Customer after the Order Start Date above, Accela may adjust the Order Start Date and Order End Date without increasing the total price based on the date Accela activates the products and provided that the total term length does not change.

5. Pricing is based upon payment by ACH or check. Payment by credit card (including Purchase Cards) for product and services in this Order Form will be subject to a service charge of 3%. There is no service charge for ACH or check payment.

6. Enhanced Reporting Database pricing is based on a percentage of Customers SaaS Annual Contract Value if applicable. As SaaS Annual Contract Value increases/decreases based on seat count changes or annual uplift ERD pricing will be adjusted accordingly at contract renewal.

7. The prepayment amount for years 1 and 2 of the order is $513,637.55. Years 3 through 10 will be billed annually thereafter.

ATTACHMENT A5
114
Exhibit B:

Insurance Requirements
(IT Services)
Vendor shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

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 Vendor has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

4. Cyber/Technology E&O Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Vendor. If not covered under the Vendor’s liability policy, such “property” coverage of the Agency may be endorsed onto the Vendor’s Cyber Liability Policy as covered property as follows:

If the Vendor 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 vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

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

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 Vendor 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 Vendor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage shall be primary and non-contributory. Coverage for commercial liability shall be 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 Vendor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess policies. The City of Stockton does not accept endorsements limiting the Vendor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Vendor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance ATTACHMENT A7
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REV 2024-03-05
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 Vendor’s primary and excess liability policies are exhausted.

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

Waiver of Subrogation
Vendor hereby grants to City of Stockton a waiver of right to subrogation limited to CGL, Auto, and Workers Compensation policies which any insurer of said Vendor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Vendor 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 the City of Stockton. The City of Stockton may require the Vendor to 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. Any and all deductibles and SIRs shall be the sole responsibility of Vendor 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 Vendor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

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

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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 three (3) years after completion of the contract of work.

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

Verification of Coverage
Vendor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements 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 Vendor’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
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

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

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

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

GENERAL TERMS AND CONDITIONS

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

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit D, 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 I to the Agreement.

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

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

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

5. Ownership of Work.

Contractor retains all Intellectual Property Rights, including all rights, title and license to the Subscription Service, Software, Accela System, Support Services, Consulting Services, and Aggregate Data, any related work product of the foregoing and all derivative works thereof by whomever produced; provided however, that to the extent such materials are delivered to City as part of the Subscription Services, Consulting Services or Support Services then City shall receive a limited license consistent with ATTACHMENT A10 119
the terms of Section 2 of the Accela Subscription Services Agreement, attached hereto, to use such materials during the Subscription Period.

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

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

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

9. Contractor’s Status.

8. 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 and D, 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 control with respect to the physical action or activities of Contractor in fulfillment of this Agreement.

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

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working (Rev. 10.30.18; Mod 03.06.24 MG)
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conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by Contractor. 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. Hereinafter, Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

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

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

11. Termination.

11.1 Reserved.

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

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

12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors. (Rev. 10.30.18; Mod 03.06.24 MG)
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13. Indemnity, Hold Harmless and Limitation of Liability. To the fullest extent permitted by law, and subject to the limitations in Exhibit D, Section 8. 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 to the extent they arise 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, provided that City provides: (a) Contractor notice of such claim as soon practical and in no event later than would reasonably permit Contractor to respond to such claim, (b) reasonable cooperation to Contractor, at Contractor’s expense, in the defense and/or settlement of such claim and (c) Contractor the sole and exclusive control of the defense, litigation and settlement of such claim. 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.

Limitation of Liability. EXCEPT FOR LIABILITY ARISING OUT OF EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY OR CITY’S BREACH OF SECTION 2 OF

THE ACCELA SUBSCRIPTION SERVICES AGREEMENT, ATTACHED HERETO, NEITHER PARTY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION

WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICE,

WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL EXCEED THE MINIMUM INSURANCE REQUIREMENTS REQUIRED IN THIS AGREEMENT.

EXCEPT FOR LIABILITY ARISING OUT OF CITY’S BREACH OF SECTION 2 OF THE

ACCELA SUBSCRIPTION SERVICES AGREEMENT, ATTACHED HERETO OR EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY, IN NO EVENT SHALL EITHER

PARTY OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR

DELIVERING THE SERVICE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR

CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF

GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR

THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN

CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE

THE SUBSCRIPTION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE

FOREGOING EXCLUSIONS APPLY WHETHER OR NOT A PARTY HAS BEEN INFORMED

OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

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

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

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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.

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 financial 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 financial records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

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

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

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

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

23. No Personal Liability. No official or employee of City shall be personally liable (Rev. 10.30.18; Mod 03.06.24 MG)
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to Contractor in the event of any default or breach by the City or for any amount due Contractor.

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

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

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

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

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
(Rev. 10.30.18; Mod 03.06.24 MG)
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EXHIBIT D ACCELA SUBSCRIPTION SERVICES AGREEMENT
This Accela Subscription Services Agreement (this “Agreement”) is entered into as of the date of the applicable Order, as defined below, that incorporates these terms (the “Effective Date”) by and between Accela, Inc. and the entity identified in such Order (“Customer”).

1. DEFINITIONS.

1.1 "Accela System" means the information technology infrastructure used by or on behalf of Accela in performing the Subscriptions Services, including all computers, software (including but not limited to Accela Software), hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Accela or its third party suppliers.

1.2 "Aggregate Data" means data and information related to Customer's use of the Subscription Services, including anonymized analysis of all data processed in the Subscription Services, that is used by Accela in an aggregate and anonymized manner, including compiling statistical and performance information related to the provision and operation of the Services.

1.3 "Authorized User" means one named employee, contractor or agent of Customer (each identified by a unique email address) for whom Customer has purchased a subscription to the Subscription Services and who is authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement.

1.4 “Consulting Services” means packaged or time and materials consulting, review, training or other services (but excluding Subscription and Support Services) delivered by Accela to Customer pursuant an Order. The current Consulting Services Policy is available at www.accela.com/terms/.

1.5 “Customer Data” means the content, materials, and data that Customer, Authorized Users, and External Users enter into the Subscription Services. Customer Data does not include any component of the Subscription Services, material provided by or on behalf of Accela, or Aggregate Data.

1.6 “Documentation” meansthe then-current technical and functional user documentation in any form made generally available by Accela for the Subscription Services.

1.7 “External Users” means third party users of the Subscription Services that access the public-facing interfaces of the Subscription Services to submit queries and requests to facilitate communications between such third party and Customer.

1.8 “Intellectual Property Rights” means any patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights, in all cases whether or not registered or registrable and recognized in any country or jurisdiction in the world.

1.9 “Order” means an Accela order form or other mutually acceptable document fully executed between Customer and Accela that incorporates this Agreement.

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1.10 “Service Availability Policy” means the Service Availability and Security Policy located at www.accela.com/terms/.

1.11 “Subscription Services” means the civic administration services, comprised of the Accela System, Software, and Support Services, to which Customer may license access to in accordance with the terms herein.

1.12 “Software” means any licensed software (including client software for Authorized Users’ devices) and Documentation that Accela uses or makes available as part of the Subscription Services.

1.13 “Support Services” means those technical and help services provided by Accela in accordance with the Software Support Services Policies (SaaS) located at www.accela.com/terms/.

1.14 “Subscription Period” means the duration of Customer’s authorized use of the Subscription Services as designated in the Order.

2. USAGE AND ACCESS RIGHTS.

2.1 Right to Access. Subject to the terms and conditions of this Agreement, Accela hereby grants to Customer a limited, non-exclusive, non-transferable right and license during the Subscription Period, to permit: (i) Authorized Users to access and use the internal and administrative interfaces of the Subscription Services in accordance with the Documentation to support Customer’s internal business purposes and (ii) its External Users the ability to access and use the publicly available interfaces to submit requests and information to Customer. Each instance of the Subscription Service shall be provisioned with the amount of storage set forth in the Order and additional storage may be purchased at the then-current rates.

2.2 Support Services & Service Availability. During the Subscription Period, Accela shall provide to Customer the Support Services specified in the Order and shall make all commercially reasonable efforts to attain the service levels specified in the applicable policies. The remedies set forth in the Support Services and Service Availability Policy are the sole and exclusive remedies for any breach of the service levels. Customer grants Accela a royalty-free, worldwide, transferable, sub- licensable, irrevocable, perpetual license to use or incorporate into its software or services any suggestions or other feedback provided by Customer or Authorized Users relating to the operation or features of the Subscription Services.

2.3 Purchasing Consulting Services. Customer may purchase Consulting Services from Accela by executing an Order for such services. All prices are exclusive of travel and expenses, which will be invoiced at actual cost, without markup, and will comply with the Consulting Services Policy located at www.accela.com/terms/ or as otherwise agreed in the applicable Order. If applicable, one Consulting Services day shall be equal to eight (8) hours.

2.4 Restrictions on Use. Customer shall not, and shall not permit others to: (i) use or access the Subscription Services in any manner except as expressly permitted by the Agreement, including but not limited to, in a manner that circumvents contractual usage restrictions set forth in this Agreement; (ii) license, sub-license, sell, re-sell, rent, lease, transfer, distribute, time share or otherwise make any portion of the Subscription Services available for access by third parties except as otherwise expressly provided herein; (iii) use the Subscription Service in a way that: (a) violates or infringes upon the rights ATTACHMENT A17 126
of a third party; or (b) stores or transmits libelous, tortious, or otherwise unlawful material or malicious code or viruses; (iv) create derivative works, reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about any of the Subscription Services (except to and only to the extent such rights are proscribed by law); (v) interfere with or disrupt the security, integrity, operation, or performance of the Subscription Services; (vi) access, use, or provide access or use to the Subscription Services or Documentation for the purposes of competitive analysis or the development, provision, or use of a competing software, SaaS or product or any other purpose that is to Accela’s detriment or commercial disadvantage; (vii) provide access to the Subscription Services to competitors of Accela; (viii) access or use components of the Subscription Service not licensed by Customer; (ix) use or allow the use of the Subscription Services by anyone located in, under the control of, or that is a national or resident of a U.S. embargoed country or territory or by a prohibited end user under Export Control Laws (as defined in Section 12.3, Compliance with Laws); (x) remove, delete, alter or obscure any trademarks, Documentation, warranties, or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Subscription Services; or (xi) access or use the Subscription Services in, or in association with, the design, construction, maintenance, or operation of any hazardous environments, systems or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Subscription Services could lead to personal injury or severe physical or property damage.

2.5 Ownership. Accela retains all Intellectual Property Rights, including all rights, title and license to the Subscription Service, Software, Accela System, Support Services, Consulting Services, and Aggregate Data, any related work product of the foregoing and all derivative works thereof by whomever produced; provided however, that to the extent such materials are delivered to Customer as part of the Subscription Services, Consulting Services or Support Services then Customer shall receive a limited license consistent with the terms of Section 2 to use such materials during the Subscription Period.

2.6 Customer’s Responsibilities. Customer will: (i) be responsible for meeting Accela’s applicable minimum system requirements for use of the Subscription Services set forth in the Documentation; (ii) be responsible for Authorized Users’ compliance with this Agreement and for any other activity (whether or not authorized by Customer) occurring under Customer’s account; (iii) be solely responsible for the accuracy, quality, integrity and legality of Customer Data; (iv) use commercially reasonable efforts to prevent unauthorized access to or use of the Subscription Services and Customer Data under its account, and notify Accela promptly of any such unauthorized access or use, and; (v) use the Subscription Services only in accordance with the applicable Documentation, laws and government regulations.

3. PAYMENT TERMS.

3.1 Purchases Directly from Accela. Except as otherwise set forth in an Order, Subscription fees shall be invoiced annually in advance and such fees shall be due and payable on the first day of the Subscription and on each anniversary thereafter for each renewal, if any. All other invoices shall be due and payable net thirty (30) from the date of the applicable invoice. All amounts payable to Accela under this Agreement shall be paid by Customer in full without any setoff, deduction, debit, or withholding for any reason. All Subscription Services fees are exclusive of any taxes, levies, duties, withholding or similar governmental assessments of any nature (collectively, "Taxes"). If any such Taxes are owed or payable for such transactions, they shall be paid separately by Customer without set-off to the fees due Accela.

3.2 Purchases from Authorized Resellers. In the event that Customer has purchased any products or ATTACHMENT A18 127
services through a reseller, subject to these terms, any separate payment arrangements and terms shall be exclusively through such reseller and Accela is not a party to such transactions. Accela’s sole obligations are set forth herein and Customer acknowledges that its rights hereunder may be terminated for non-payment to such third party.

4. CONFIDENTIALITY. As used herein, "Confidential Information" means all confidential information disclosed by one party to this Agreement to the other party of this Agreement whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. However, Confidential Information will not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the disclosing party; (ii) was known to the receiving party prior to its disclosure without breach of any obligation owed to the disclosing party; (iii) is received without restriction from a third party without breach of any obligation owed to the disclosing party; or (iv) was independently developed by the receiving party. Each party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information except as permitted herein, and will limit access to Confidential Information to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who are bound to protect such Confidential Information consistent with this Agreement. The receiving party may disclose Confidential Information if it is compelled by law to do so, provided the receiving party gives the disclosing party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party's request and cost, to contest, limit, or protect the disclosure.

5. CUSTOMER DATA.

5.1 Ownership. Customer reserves all its rights, title, and interest in and to the Customer Data. No rights are granted to Accela hereunder with respect to the Customer Data, except as otherwise set forth explicitly in Section 5.

5.2 Usage. Customer shall be responsible for Customer Data as entered in to, applied or used in the Subscription Services. Customer acknowledges that Accela generally does not have access to and cannot retrieve lost Customer Data. Customer grants to Accela the non-exclusive right to process Customer Data (including personal data) for the sole purpose of and only to the extent necessary for Accela: (i) to provide the Subscription Services; (ii) to verify Customer’s compliance with the restrictions set forth in Section 2.4 (Restrictions on Use) if Accela has a reasonable belief of Customer’s non-compliance; and (iii) as otherwise set forth in this Agreement. Accela may utilize the information concerning Customer’s use of the Subscription Services (excluding any use of Customer’s Confidential Information) to improve Subscription Services, to provide Customer with reports on its use of the Subscription Services, and to compile aggregate statistics and usage patterns by customers using the Subscription Services.

5.3 Use of Aggregate Data. Customer agrees that Accela may collect, use and disclose Aggregate Data derived from the use of the Subscription Services for industry analysis, benchmarking, analytics, ATTACHMENT A19 128
marketing and other business purposes. All Aggregate Data collected, used and disclosed will be in aggregate form only and will not identify Customer, its Authorized Users or any third parties utilizing the Subscription Services.

6. WARRANTIES AND DISCLAIMERS.

6.1 Subscription Services Warranty. During the Subscription Period, Accela warrants that Subscription Services shall perform materially in accordance with the applicable Documentation. As Customer’s sole and exclusive remedy and Accela’s entire liability for any breach of the foregoing warranty, Accela will use commercially reasonable efforts to: (a) repair the Subscription Services in question; (b) replace the Subscription Services in question with those of substantially similar functionality; or (c), after making all commercially reasonable attempts to do the foregoing, terminate the applicable Subscription Services and refund all unused, prepaid fees paid by Customer for such non-compliant Subscription Services.

6.2 Consulting Services Warranty. For ninety (90) days from the applicable delivery, Accela warrants that Consulting Services shall be performed in a professional and workmanlike manner. As Customer’s sole and exclusive remedy and Accela’s entire liability for any breach of the foregoing warranty, Accela will use commercially reasonable efforts to (a) re-perform the Consulting Services in a compliant manner; or, after making all commercially reasonable attempts to do the foregoing, (b) refund the fees paid for the non-compliant Consulting Services.

6.3. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ACCELA MAKES NO WARRANTY OF ANY

KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL

IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SECURITY, FITNESS

FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6.4. Cannabis-Related Activities. If Customer purchases any Subscription Services for use with any cannabis-related activities, the following additional disclaimers shall apply: Accela is considered a software service provider to its customers and not a cannabis related business or agent thereof. In addition to the foregoing, Accela only retains Subscription Services fees of this Agreement from its Customer for general software services, a state or local government agency, and does not retain these fees from any type of External Users. It is the sole responsibility of the Customer to offer state law compliant services, which may be coordinated and facilitated through the use of the Subscription Services. Accela makes no representations, promises, or warranties with respect to the legality, suitability, or otherwise regarding any third party provider, including partners, and have no responsibility or liability with respect to services provided to Customer by such third parties.

7. INDEMNIFICATION. Accela will defend (or at Accela’s option, settle) any third party claim, suit or action brought against Customer to the extent that it is based upon a claim that the Subscription Services, as furnished by Accela hereunder, infringes or misappropriates the Intellectual Property Rights of any third party, and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are finally awarded against Customer, provided that Customer provides: (a) Accela notice of such claim as soon practical and in no event later than would reasonably permit Accela to respond to such claim, (b) reasonable cooperation to Accela, at Accela’s expense, in the defense and/or settlement of such claim and (c) Accela the sole and exclusive control of the defense, litigation and settlement of such claim. In the event that Accela reasonably believes, in its sole discretion, that such claim may ATTACHMENT A20 129
prevail or that the usage of the Subscription Services may be joined, Accela may seek to: (a) modify the Subscription Services such that it will be non-infringing (provided such modification does not materially reduce the functionality or performance of Customer’s installed instance); (b) replace the Subscription Services with a service that is non-infringing and provides substantially similar functionality and performance; or, if the first two options are not commercially practicable, (c) terminate the remainder of the Subscription Period and refund any, pre-paid, unused fees received by Accela. Accela will have no liability under this Section 7 to the extent any claims arise from (i) any combination of the Subscription Services with products, services, methods of a third party; (ii) a modification of the Subscription Services that were either implemented by anyone other than Accela or implemented by Accela in accordance with Customer specifications; (iii) any use of the Subscription Services in a manner that violates this Agreement or the instructions given to Customer by Accela; (iv) a version of the Subscription Services other than the current, fully patched version, provided such updated version would have avoided the infringement; or (v) Customer’s breach of this Agreement. THIS SECTION 7

STATES THE ENTIRE OBLIGATION OF ACCELA AND ITSLICENSORSWITH RESPECT TO ANY ALLEGED OR

ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS RELATED TO THIS AGREEMENT.

8. LIMITATION OF LIABILITY. EXCEPT FOR LIABILITY ARISING OUT OF EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY OR CUSTOMER’S BREACH OF SECTION 2, NEITHER PARTY’S AGGREGATE

LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE

USE OF OR INABILITY TO USE THE SERVICE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER

THEORY OF LIABILITY, SHALL EXCEED THE MINIMUM INSURANCE REQUIREMENTS REQUIRED IN THIS AGREEMENT EXCEPT FOR LIABILITY ARISING OUT OF CUSTOMER’S BREACH OF SECTION 2 OR EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY, IN NO EVENT SHALL EITHER PARTY OR ANY OTHER

PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE BE LIABLE FOR

ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,

LOSS OF DATA OR LOSS OF GOODWILL, SERVICEINTERRUPTION, COMPUTER DAMAGE OR SYSTEM

FAILURE OR THE COST OF SUBSTITUTE PRODUCTS ORSERVICES, ARISING OUT OF OR IN CONNECTION

WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SUBSCRIPTION SERVICES,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING EXCLUSIONS APPLY WHETHER OR NOT A PARTY HAS BEEN

INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. SECURITY. Accela has implemented commercially viable and reasonable information security processes, policies and technology safeguards to protect the confidentiality and integrity of Customer Data, personal data protect against reasonably anticipated threats. Customer acknowledges that, notwithstanding security features of the Subscription Services, no product, hardware, software or service can provide a completely secure mechanism of electronic transmission or communication and that there are persons and entities, including enterprises, governments and quasi- governmental actors, as well as technologies, that may attempt to breach any electronic security measure. Subject only to its limited warranty obligations set forth in Section 6, Accela will have no liability for any such security breach. Customer further acknowledges that the Subscription Services is not guaranteed to operate without interruptions, failures, or errors. If Customer or Authorized Users use the Subscription Services ATTACHMENT A21 130
in any application or environment where failure could cause personal injury, loss of life, or other substantial harm, Customer assumes any associated risks and will indemnify Accela and hold it harmless against those risks.

Accela’s breach/incident response process is reviewed annually as part of our SSAE 18 SOC 2 Type II, HIPAA HITECH, and CCPA compliance standards. Accela will exhaust every effort to prevent security breaches from occurring in the cloud. In the event of such an occasion, customers will be notified of breaches impacting customer data within 24 hours via customer support channels including email and phone calls as appropriate. Accela will follow a series of standard procedures to detect and solve the problem as follows:
• Verification of Breach
• Information Gathering Phase
• Capture Phase
• Severity Assessment
• Customer/Law Enforcement Notification
• Isolation of Affected Component(s)
Accela SaaS leverages Azure File Storage for Accela Document Service (ADS) to ensure all data is encrypted at rest. An agency's transactional database is segregated and encrypted at rest. PII data such as SSN is masked in the user interface using industry standards. Accela will maintain reasonable security measures to protect PII against risks of unauthorized access, or improper destruction, use, modification, or disclosure. Accela will conduct regular audits to ascertain that PII is used and maintained consistent with this policy.

10. THIRD PARTY SERVICES. Customer may choose to obtain a product or service from a third party that is not directly produced by Accela as a component of the Subscription Services (“Third Party Services”) and this may include third party products resold by Accela. Accela assumes no responsibility for, and specifically disclaims any liability, warranty or obligation with respect to, any Third Party Service or the performance of the Subscription Services (including Accela’s service level commitment) when the Subscription Services are used in combination with or integrated with Third Party Services.

11. TERM AND TERMINATION.

11.1 Agreement Term. This Agreement shall become effective on the Effective Date and shall continue in full force and effect until the expiration of any Subscription Periods set forth in an applicable Order governed by the Agreement.

11.2 Subscription Periods & Renewals. Subscription Periods begin as specified in the applicable Order and, unless terminated earlier in accordance with this Agreement, continue for the term specified therein. Except as otherwise specified in the applicable Order, (a) all Subscription Services will automatically renew for additional Subscription Periods equal to the expiring Subscription Period, unless either party gives the other at least sixty (60) days’ notice of non-renewal before the end of the relevant Subscription Period and (b), Orders may only be cancelled or terminated early in accordance with Section 11.3. Subscription Services renewals may be subject to an annual increase, for which Accela shall provide Customer notice prior to the renewal of the Subscription Period. In the event of any nonrenewal or other termination, Customer’s right to use the Subscription Services will terminate at the end of the relevant Subscription Period.

ATTACHMENT A22 131

11.3 Termination or Suspension. A party may terminate this Agreement and Subscription Services license granted hereunder for thirty (30) days’ written notice to the other party of material breach.

Customer may terminate this Agreement and Subscription Services license granted hereunder due to the Non-Appropriation of Funds by Customer’s governing body. If terminated in this way, Customer shall not be entitled to any refunds of any prepaid fees. If a breach remains uncured at the expiration of such thirty (30) day period. Either party may terminate immediately if the other party files for bankruptcy or becomes insolvent. Accela may, at its sole option, suspend Customer’s or any Authorized User’s access to the Subscription Services, or any portion thereof, immediately if Accela: (i) suspects that any person other than Customer or an Authorized User is using or attempting to use Customer Data; (ii) suspects that Customer or an Authorized User is using the Subscription Services in a way that violates this Agreement and could expose Accela or any other entity to harm or legal liability; (iii) is or reasonably believes it is required to do so by law or court order or; (iv) Customer’s payment obligations are more than ninety (90) days past due, provided that Accela has provided at least thirty (30) days’ notice of such suspension for delinquent payment. Should Customer terminate this Agreement for cause, Accela will refund a pro- rata portion of unused, pre-paid fees.

11.4 Effect of Termination. If this Agreement expires or isterminated for any reason: (i) within thirty (30) calendar days following the end of Customer’s final Subscription Period, upon Customer’s request Accela provided Customer Data and associated documents in a database dump file; provided that Customer pays (a) all costs of and associated with such copying, as calculated at Accela’s then-current time-and-materials rates, and (b) any and all unpaid amounts due to Accela; (ii) licenses and use rights granted to Customer with respect to Subscription Services and intellectual property will immediately terminate; and (iii) Accela’s obligation to provide any further services to Customer under this Agreement will immediately terminate, except as mutually agreed between the parties. If the Subscription Services are nearing expiration date or are otherwise terminated, Accela will initiate its data retention processes, including the deletion of Customer Data from systems directly controlled by Accela. Accela’s current Data Storage Policy can be accessed www.accela.com/terms/.

11.5 Survival. Sections 2.5 (Ownership and Proprietary Rights), 4 (Confidentiality), 6.3 (Disclaimer), 8 (Limitation of Liability), 11.4 (Effect of Termination), 11.5 (Surviving Provisions), and 12 (General Provisions) will survive any termination or expiration of this Agreement.

12. Data Recovery. Accela’s backup strategies and disaster recovery sites ensure that a complete system rebuild of data will not be necessary. At a minimum, Accela keeps 15 days worth of backups available. Database backups occur nightly and data replication occurring near-real-time across geographically distinct locations. The SaaS solution provides data replication intra- and interregionally with Daily Backups retained for six weeks with an RPO (Recovery Point Objective) of 1 hour.
• A weekly full backup is stored for three months.
• A monthly fill backup for 12 months
• A yearly full backup exists for 10 years.

Disaster recovery is an integral part of maintaining business continuity should a catastrophic outage occur. Accela is committed to giving our cloud customers access to their respective data and sites in a timely fashion should such an unlikely outage occur. Accela maintains a third-party audited Business Continuity (BR) and Disaster Recovery (DR) policy which is certified as documented and tested at least annually as part of SOC 2 certification.

The SaaS production database is replicated locally and mirrored to a geographically distinct failover ATTACHMENT A23 132
site. Great care, planning, and expense has been taken to ensure that no single points of failure occur within the cloud environment itself. All network and I/O paths are redundant, and all services are available via load-balanced environments. Accela employs virtualization that allows for the dynamic migration of any failed virtual guests to another live host the moment an outage is detected. This ensures the continuity of business services should a single server go offline.

A two-node database cluster provides high availability for the key production databases. This cluster allows for both dynamic and manual relocation of key services insomuch that the associated web and business services can always connect to a live node.

Database backups follow a standard weekly full/nightly incremental schedule. Accela SaaS offers a committed 1-hour Recovery Point Objective (RPO) and a 4-hour Recovery Time Objective (RTO).

In any scenario involving data loss, multiple opportunities are available to recover the data. If a site-wide outage occurs that is projected to be sustained and lasting but the data itself within the data center is retrievable, Accela employees will transfer any outstanding archive logs to the standby site and activate the standby site as the primary cloud facility. External DNS entries will then be updated to reflect the failover site.

13. GENERAL.

13.1 Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery; (ii) three days after sending registered, return receipt requested, post or; (iii) one day after sending by commercial overnight carrier. Notices will be sent to the address specified by the recipient in writing when entering into this Agreement or establishing Customer’s account for the Subscription Services.

13.2 Governing Law and Jurisdiction. This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to the subject matter of this Agreement will be the state and federal courts located in the Eastern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

13.3 Compliance with Laws. Each party will comply with all applicable laws and regulations with respect to its activities under this Agreement including, but not limited to, export laws and regulations of the United States and other applicable jurisdictions. Further, in connection with the services performed under this Agreement and Customer’s use of the Subscription Services, the parties agree to comply with all applicable anti-corruption and anti-bribery laws, statutes and regulations.

13.4 Assignment. Customer may not assign or transfer this Agreement, whether by operation of law or otherwise, without the prior written consent of Accela, which shall not be unreasonably withheld.

Any attempted assignment or transfer, without such consent, will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

13.5 Publicity. Notwithstanding anything to the contrary, each party will have the right to publicly announce the existence of the business relationship between parties.

13.6 Miscellaneous. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any ATTACHMENT A24 133
provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect. Accela will not be liable for any delay or failure to perform under this Agreement to the extent such delay or failure results from circumstances or causes beyond the reasonable control of Accela. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or similar relationship between the parties. This Agreement, including any attachments hereto as mutually agreed upon by the parties, constitute the entire agreement between the parties concerning its subject matter and it supersedes all prior communications, agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by a duly authorized representative of each party against whom the modification, amendment or waiver is to be asserted. Notwithstanding any language to the contrary, no additional or conflicting terms or conditions stated in any of Customer’s purchase order documentation or otherwise will be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.

ATTACHMENT A25 134
Policy 1
Accela, Inc.

Standard SaaS Support Services Policy
Dated: April 21, 2021
This Accela Standard SaaS Support Services Policy (“Support Policy”) governs the terms under which Accela provides Support Services and is subject to the SaaS services agreement (“Agreement”) entered into between Accela and the recipient of such services (“Customer”).

This Support Policy may be updated from time to time by Accela in its sole discretion.

General Requirements and Hours of Operation
a. Ticketing Support: Accela will provide access to a ticketing system, which will be available twenty‐four (24) hours per day, seven (7) days per week. A qualified support specialist shall use commercially reasonably efforts to answer questions and resolve problems regarding the Subscription Service from 4:00 A.M. until 6:00 P.M. Pacific Standard Time Monday through Friday, excluding Accela’s observed holidays. b. Telephone Support: Accela’s Customer Support Department, a live technical support facility, will be available to Customer from 4:00 A.M. until 6:00 P.M. Pacific Standard Time Monday through Friday, excluding Accela’s observed holidays. c. Online Support Material: Available twenty‐four (24) hours, seven (7) days a week, Accela will make available to Customer certain archived software updates and other technical information in Accela’s online support databases.
(1) Agency Contacts: “Agency Contacts” are the individuals who will be the primary users of the Support Plan. You may designate up to two (2) Agency Contacts and agree to let Accela know if they change.

Your Agency Contacts will be responsible for:

Overseeing your Agency’s support case activity, developing and deploying troubleshooting processes within your Agency’s organization.

Agency will ensure Agency Contacts:

Have completed the Administrator Training offered as part of Accela’s implementation and adoption programs. Are knowledgeable about the Agency’s configured solution in order to assist Accela in analyzing and resolving technical issues. Have a basic understanding of any problem that is the subject of a case, and the ability to reproduce the problem in order to assist Accela in diagnosing and triaging the problem.
(2) Submitting a Case
Agency Contacts may submit cases via:
a. the online support portal by logging into the Accela Success Community at Exhibit E
ATTACHMENT A26 135
https://success.accela.com and selecting Get Support > Submit a case or b. a telephone call to Customer Support as described below (For Severity Level 1 and Severity Level 2 issues, Agency must call Customer Support) (3) Updates
Updates may address security fixes, critical patches, general maintenance functionality, and documentation and shall be made available at Accela’s discretion. Accela is under no obligation to develop any future functionality or enhancements unless otherwise specified in the Agreement. If an update for the Service is made available to Customer pursuant to this Support Policy, it will automatically replace the previous version of the applicable Service.

Where practical, Accela will schedule Updates during non‐business hours and will provide Customers with advance notice of all Updates.
(4) Upgrade/Downgrade of Severity Level
If, during the Support Request process, the issue either warrants assignment of a higher severity level than currently assigned or no longer warrants the severity level currently assigned based on its current impact on the production operation of the SaaS offering, then the severity level will be upgraded or downgraded accordingly to the severity level that most appropriately reflects its current impact.
(5) Customer Cooperation
Accela must be able to reproduce errors in order to resolve them. Agency agrees to cooperate and work closely with Accela to reproduce errors, including, without limitation, conducting diagnostic or troubleshooting activities, implementation of fixes or updates previously provided by Accela, or providing information as reasonably requested and appropriate. Also, Accela may access Agency Contacts account and/or an admin account and/or Agency’s personnel may be asked to provide remote access to their internal system for, without limitation, conducting diagnostic or troubleshooting activities, or implementation of fixes or updates previously provided by Accela.
(6) Third Party Product Support
If any third‐party software is supplied by Accela, Accela disclaims all support obligations for such third‐party software, unless expressly specified by Accela in Customer’s Agreement. (7) Exclusions
The following Support Exclusions are not covered by this Support Policy:
a. Support required due to Customer’s or any End User’s or third party’s misuse of the Services;
b. Support during times outside of Accela’s regular business hours stated above; c. Support necessitated by external factors outside of Accela’s reasonable control, including any force majeure event or Internet access or related problems beyond the Ser vice demarcation point;
ATTACHMENT A27 136
d. Support of or caused by customizations (if outside of Accela’s best practice recommendations), configuration changes, scripting, or data loss caused by or on behalf of Customer or any End User;
e. Support of or caused by Customer’s or any End User’s or third party’s equipment, software or other technology (other than third party equipment within Accela’s direct control); f. Support to resolve or work‐around conditions which cannot be reproduced in Accela’s support environment and
g. Support of any software add‐ons supplied together with the Service (except where specified in the customer’s Agreement).

Any support services falling within these Support Exclusions may be provided by Accela at its discretion and, if so provided, may be subject to additional pricing and support terms as specified by Accela. (8) Error Classification
Functional Definitions: For the purposes of error classification, essential or major functions include: data capture features, SLA and alarming features, performance management features and application performance problem resolution features.

Severity Definition
Level 1 Supported Product is non‐functional or seriously affected and there is no reasonable workaround available (e.g. business is halted).

Level 2 Supported Product is affected and there is no workaround available or the workaround is impractical (e.g. Supported Product response is very slow, day to day operations continue but are impacted by the work around).

Level 3 Supported Product is non‐functional however a convenient workaround exists
(e.g. non‐critical feature is unavailable or requires additional user intervention).

Level 4 Supported Product works, but there is a minor problem (e.g. incorrect label, or
cosmetic defect).

ATTACHMENT A28 137
(9) Target Initial Response Time
Accela will use commercially reasonable efforts to respond to each case within the applicable response time described in the table below:

Target Initial Response Time by Case Severity
Severity Level Target Initial Response Time
1 1 daya
2 3 daysa
3 5 daysa
4 7 daysa
a
Initial response times are including M‐F, 4 am to 6 pm PT, excluding weekends and holidays. Severity Level 1 and 2 cases must be submitted via telephone as described above. Severity Level 1 and 2 target initial response times do notapply to cases submitted via email or electronically via the Accela Success Community.

ATTACHMENT A29 138
ACCELA, INC.

DATA STORAGE POLICY
The Licensee’s subscription comes with a limit of 2.5TB data storage for all cloud environments. Data storage includes:
• Transaction data;
• Reference data;
• Configuration data;
• Documents and Report Files;
• Backup copies; and
• Other data stored by Accela on behalf of the customer.

Additional storage can be purchased from Accela in blocks of 500GB, with a price of one thousand dollars ($1,000) per year. When Licensee approaches the 2.5TB limit, it will begin receiving monthly notifications highlighting data usage levels across its environment. Once the 2.5TB limit is reached, a charge of one thousand dollars ($1,000) for an additional 500GB will be automatically added to the Licensee’s subscription renewal.

Data Retention
If the Licensee’s Software as a Service (“SaaS”) subscription expires or is otherwise terminated, Contractor will initiate its data retention processes, including the deletion of licensee data from systems directly controlled by Contractor.
• If a Licensee’s SaaS subscription expires or is otherwise terminated, Contractor will store its customer data, as defined in the master agreement between Licensee and Contractor, for ninety (90) days (the “Retention Period”). During the Retention Period, provide Licensee with a notice indicating its intention to delete its CustomerData. • After the Retention Period, Contractor will, within a commercially reasonable amount of time, disable the account and delete the customer data, including any cached or backup copies.

History and log data will be available to customers in real-time for up to 2 years in production and 1 year in non-production, unless otherwise specified. After 2 years, the history data will be archived and retained for up to 7 years. This data will be provided to the customer upon request.

Frequently Asked Questions
Can Licensee track its storage usage on the Accela Cloud? It's not currently possible to track storage usage in the Civic Platform application. However, Licensee will receive a report detailing its data usage annually, at the time of renewal. Licensee can request this information at any time outside of the renewal period by submitting a support case through Accela Customer Support. When Licensee approaches the storage limit, it will receive monthly notifications particularizing its storage usage.

What will happen if Licensee exceeds its storage limit? If Licensee’s Accela Cloud instance exceeds the storage limit, it will receive notification and a charge of one thousand ($1,000) per 500GB of usage will be billed at the time of subscription Exhibit F
ATTACHMENT A30 139
renewal.

Can I increase my storage limit?
Yes. Storage limits can be increased by purchasing additional storage in blocks of 500GB at one thousand dollars ($1,000) per year.

ATTACHMENT A31 140
Accela Availability and Security Policy
Service Availability:

Accela will use commercially reasonable efforts to (a) provide bandwidth sufficient for Customer’s use of the Subscription Services provided hereunder and in an applicable Order Form and (b) operate and manage the Subscription Services with a ninety-nine and nine percent (99.9%) uptime goal (the “Availability SLA”), excluding situations identified as “Excluded” below.
“Excluded" means any outage that results from any of the following:
a. Any maintenance performed by Accela during Accela’s standard maintenance windows. Accela will notify Customer within forty-eight (48) hours of any standard maintenance and within twenty-four (24) hours for other non-standard emergency maintenance (collectively referred to herein as “Scheduled Maintenance”). Scheduled maintenance includes off-business-hours (agency time) deployments of major releases & service packs. Major releases are deployed into an agency's non-production environments well in advance, typically 4 weeks ahead of production, to allow for adequate user acceptancetesting. b. Customer’s information content or application programming, or the acts or omissions of Customer or its agents, including, without limitation, the following:

1. Any mis-configuration by Customer (as determined in Accela’s sole discretion), including, without limitation, configuration errors and bad or unintended usage of the Subscription Services.

2. Force majeure or other circumstancesbeyond Accela’s reasonable controlthat could not be avoided by its exercise of due care.
c. Failures of the carrier networks itself and the network by which Customer connects to the carrier networks any other network unavailability.
d. Any window of time when Customer agrees that Subscription Services availability/unavailability will not be monitored or counted.
e. Interruptions or delays in providing the Subscription Services resulting from telecommunication or Internet service provider failures.
f. Customer’s or any third party’s use of the Subscription Services in an unauthorized or unlawful manner.

Remedies for Excessive Downtime:

In the event the Availability of the Subscription Services falls below the Availability SLA in a given calendar month, Accela will pay Customer a service credit (“Service Credit”) equal to the percentage of the fees set forth in the table below corresponding to the actual Availability of the Subscription Services during the applicable calendar month. Such Service Credit will be issued as a credit against any fees owed by Customer for the next calendar month of the Subscription Period or, if Customer does not owe any additional fees, then Accela will pay Customer the amount of the applicable Service Credit within thirty (30) days after the end of the calendar month in which such credit accrued. Such Service Credit will be in addition to any other remedies available to Customer at law, in equity or under this Agreement.

System availability is measured by the following formula: x = (n - y) *100 / n Exhibit G
ATTACHMENT A32 141
Notes:
(1) "x" is the uptime percentage; "n" is the total number of hours in the given calendar month minus scheduled downtime; and "y" is the total number of downtime hours in the given calendar month. (2) Specifically excluded from "n and "y" in this calculation are the exception times on scheduled upgrade and maintenance windows.

Service Availability Percentage of Monthly Service
Fees Credited
>99.9% 0%

95.0% ‐ < 99.9% 5% (max of $280)

90.0%‐ < 95.0% 10% (max of $560)

80.0% ‐ < 90.0% 20% (max $840)

70.0% ‐ < 80.0% 30% (max of $1,120)

60.0% ‐ < 70.0% 40% (max of $1,400)
< < 60% 50% (max of $2,800)
Customer Account Login:

For Accela user interface access, Accela uses TLS 1.2 with AES 256 bit or similar encryption for protection of data in transit, which is supported by most modern browsers. Accela will also restrict applicable administrative user interface access to Customer corporate networks for additional security on written request by Customer.

Accela SaaS Service Delivery:

Accela manages its apps and infrastructures within the industry-leading Microsoft Azure hosting environment, specifically designed and constructed to deliver world- class physical security, power availability, infrastructure flexibility and growth capacity. Accela’s audit and compliance foundation includes SSAE 18 SOC 2 Type II, HIPAA, California Consumer Privacy Act (CCPA), and PCI-DSS (payment adapters). Accela’s partnership with Microsoft delivers multi-layered security in physical datacenters, infrastructure and operations, with adherence to its numerous security certifications. More information can be found at https://azure.microsoft.com/enus/overview/security/.

ATTACHMENT A33 142
Enhanced Repor-ng
Database Policy
This Accela Enhanced Repor2ng Database (“ERD”) policy (“Policy”) is an agreement between Accela, Inc. (“Accela”) and the agency receiving Accela subscrip2on services and iden2fied in an applicable Order (“Customer”). The ERD subscrip2on license gives the Customer direct, read-only access to a database that is a replicated copy of Customer’s Accela Civic PlaJorm Tenant Transac2on Database (“Transac2on Database”). In addi2on to the terms and condi2ons of the applicable subscrip2on agreement, Customer’s use of ERD is governed by the terms and condi2ons as set forth below. In case of a conflict between this Policy and the subscrip2on agreement, this Policy shall take precedence. Notwithstanding anything to the contrary, Accela reserves the right to revoke Customer’s license should Customer fail to comply, in whole or part, with any of these terms.

1. ERD is SQL Server-based and is a real-2me replica of the en2re Transac2on Database for use via service accounts. ERD is intended to be used by Customers as a source database from which to replicate certain Customer content.

2. Accela will use commercially reasonable efforts to provide a near real-2me sync between ERD and the Transac2on database instances (Accela es2mates the databases will be synced within seconds); however, in some circumstances, this may take several minutes.

3. ERD may only be accessed by using authen2ca2on creden2als provided to Customer by Accela over an encrypted connec2on and from an IP address that is on Customer’s allow-list. More informa2on about encrypted connec2ons can be found in the end/external user documenta2on (see #12, below).

4. Accela provides ONE (1) set of creden2als for each ERD tenant instance. A Customer may request up to FOUR (4) addi2onal creden2al sets for system integra2ons needing an ERD connec2on via the Support channel. Requests exceeding FOUR (4) accounts will be approved or disapproved in Accela’s sole discre2on.

5. ERD func2onality is subject to applicable regulatory and compliance requirements. Creden2al passwords expire every 90 days, and passwords resets are the Customer’s sole responsibility.

6. Customer must provide sta2c, agency owned/reserved IP addresses to Accela. Each approved IP address becomes part of the Customer allow-list. If Customer acempts to access ERD from an IP address not on the allow-list, Customer’s access will be denied. IP addresses can be added to or removed from the allow-list by contac2ng Accela Support. Customer-owned IP ranges in excess of 5 IP addresses will be approved or disapproved in Accela’s sole discre2on.

7. ERD is read-only and does not support updates, na2ve system-level data synchroniza2on, mirroring capabili2es or log shipping.

8. ERD is only supported in Accela’s subscrip2on service solu2on hosted in Accela’s Azure environment.

9. Notwithstanding anything to the contrary, (1) ERD will be supported as per Accela’s Standard SaaS Support Service Policy in the Accela Sogware Support Services Policies (SaaS) document (“SLA”) at hcps://www.accela.com/terms/ and (2) Accela is not responsible for maintenance, availability or up2me of any external services or databases that reside outside of Accela’s subscrip2on service environment (even if they are interfacing with ERD).

Exhibit H
ATTACHMENT A34 143

10. Customer agrees to work in good faith with Accela to mi2gate any performance issues that might arise from, for example, overuse or abuse of ERD.

11. Notwithstanding anything to the contrary, Accela reserves the right to interrupt any session that is running against ERD if, in Accela’s sole discre2on, the session is deemed to impact the availability or stability of the system as a result of, for example, long remote queue length, long open transac2ons, or replica2on latency to ERD.

12. End/external user documenta2on regarding Customer access is available here hcps://success.accela.com/s/documents-and-release-notes.

ATTACHMENT A35 144
Exhibit I
Compensation
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $ 3,151,452.61 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit C and D or other requirements of this Agreement.

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

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

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

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

1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached. Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

ATTACHMENT A36 145

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

1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed 5%.

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

Period Net Total
Year 1 $ 250,554.90
Year 2 $ 263,082.65
Year 3 $ 276,236.77
Year 4 $ 290,048.62
Year 5 $ 304,551.05
Year 6 $ 319,778.60
Year 7 $ 335,767.53
Year 8 $ 352,555.91
Year 9 $ 370,183.70
Year 10 $ 388,692.88
Total $ 3,151,452.61

3. Hourly Rates. N/A

4. Additional Fees.:N/A

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

City of Stockton Community Development Department
Attention: Permit Center
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT A37 146
2633 Camino Ramon, Suite 500
San Ramon, CA, 94583
Proposed by: Brad Jacobs
Contact Phone:

Contact Email: [email protected]
Quote ID: Q-32524
Valid Through: 5/20/2024
Currency: USD
_______________________________________________________________________________________ Order Form
Address Information
Bill To: Ship To:

City of Stockton City of Stockton
425 N. El Dorado Street
Stockton, California 95202-1997
United States
425 N. El Dorado Street
Stockton, California 95202
United States
Billing Name: Christine Fipps
Billing Phone: (209) 937-8082
Billing Email: [email protected]
_______________________________________________________________________________________ Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 1 5/21/2024 5/20/2025 12 $1,945.00 113 $219,785.00 > Accela Building - SaaS Year 1 5/21/2024 5/20/2025 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 1 5/21/2024 5/20/2025 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 1 5/21/2024 5/20/2025 12 $30,769.90 1 $30,769.90
TOTAL: $250,554.90
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 2 5/21/2025 5/20/2026 12 $2,042.25 113 $230,774.25 > Accela Building - SaaS Year 2 5/21/2025 5/20/2026 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 2 5/21/2025 5/20/2026 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 2 5/21/2025 5/20/2026 12 $32,308.40 1 $32,308.40
TOTAL: $263,082.65
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 3 5/21/2026 5/20/2027 12 $2,144.36 113 $242,312.96 > Accela Building - SaaS Year 3 5/21/2026 5/20/2027 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 3 5/21/2026 5/20/2027 12 $0.00 113 $0.00 Quote Number:Q-32524-1 Print Date:1/31/2024

ATTACHMENT B 147
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Enhanced Reporting Database
(ERD)
Year 3 5/21/2026 5/20/2027 12 $33,923.81 1 $33,923.81
TOTAL: $276,236.77
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 4 5/21/2027 5/20/2028 12 $2,251.58 113 $254,428.61 > Accela Building - SaaS Year 4 5/21/2027 5/20/2028 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 4 5/21/2027 5/20/2028 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 4 5/21/2027 5/20/2028 12 $35,620.01 1 $35,620.01
TOTAL: $290,048.62
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 5 5/21/2028 5/20/2029 12 $2,364.16 113 $267,150.04 > Accela Building - SaaS Year 5 5/21/2028 5/20/2029 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 5 5/21/2028 5/20/2029 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 5 5/21/2028 5/20/2029 12 $37,401.01 1 $37,401.01
TOTAL: $304,551.05
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 6 5/21/2029 5/20/2030 12 $2,482.37 113 $280,507.54 > Accela Building - SaaS Year 6 5/21/2029 5/20/2030 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 6 5/21/2029 5/20/2030 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 6 5/21/2029 5/20/2030 12 $39,271.06 1 $39,271.06
TOTAL: $319,778.60
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 7 5/21/2030 5/20/2031 12 $2,606.49 113 $294,532.92 > Accela Building - SaaS Year 7 5/21/2030 5/20/2031 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 7 5/21/2030 5/20/2031 12 $0.00 113 $0.00 Quote Number:Q-32524-1 Print Date:1/31/2024

ATTACHMENT B 148
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Enhanced Reporting Database
(ERD)
Year 7 5/21/2030 5/20/2031 12 $41,234.61 1 $41,234.61
TOTAL: $335,767.53
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 8 5/21/2031 5/20/2032 12 $2,736.81 113 $309,259.57 > Accela Building - SaaS Year 8 5/21/2031 5/20/2032 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 8 5/21/2031 5/20/2032 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 8 5/21/2031 5/20/2032 12 $43,296.34 1 $43,296.34
TOTAL: $352,555.91
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 9 5/21/2032 5/20/2033 12 $2,873.65 113 $324,722.54 > Accela Building - SaaS Year 9 5/21/2032 5/20/2033 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 9 5/21/2032 5/20/2033 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 9 5/21/2032 5/20/2033 12 $45,461.16 1 $45,461.16
TOTAL: $370,183.70
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 10 5/21/2033 5/20/2034 12 $3,017.33 113 $340,958.67 > Accela Building - SaaS Year 10 5/21/2033 5/20/2034 12 $0.00 113 $0.00 > Accela Planning - SaaS Year 10 5/21/2033 5/20/2034 12 $0.00 113 $0.00 Enhanced Reporting Database
(ERD)
Year 10 5/21/2033 5/20/2034 12 $47,734.21 1 $47,734.21
TOTAL: $388,692.88
Pricing Summary
Period Net Total
Year 1 $ 250,554.90
Year 2 $ 263,082.65
Year 3 $ 276,236.77
Year 4 $ 290,048.62
Year 5 $ 304,551.05
Year 6 $ 319,778.60
Year 7 $ 335,767.53
Year 8 $ 352,555.91
Year 9 $ 370,183.70
Year 10 $ 388,692.88
Total $ 3,151,452.61
Quote Number:Q-32524-1 Print Date:1/31/2024

ATTACHMENT B 149
Additional Terms:

1. No additional or conflicting terms or conditions stated in Customer’s order documentation, including purchase orders, will be incorporated into or form any part of this Order Form or the governing agreement, and all such terms or conditions will be null.

2. This Order Form, including any OnPrem Licenses, Maintenance and Support, and Subscription Services, Enhanced Reporting Database and Managed Application Services will be governed by the applicable terms and conditions. If those terms and conditions are non-existent, have expired, do not apply or have otherwise been terminated, the following terms at https://www.accela.com/terms/ will govern as applicable, based on the Customer’s purchase.

3. All Software Licenses, Maintenance, and Subscription purchases are non-cancelable and non-refundable.

4. If Customer has a prior agreement with Accela, and this purchase is co-terming with that prior agreement, if the start date on this Order Form is before the actual delivery date of the purchase, Accela may pro-rate this purchase so that it can co-term with the prior agreement.

5. If this Order Form is executed and/or returned to Accela by Customer after the Order Start Date above, Accela may adjust the Order Start Date and Order End Date without increasing the total price based on the date Accela activates the products and provided that the total term length does not change.

6. Pricing is based upon payment by ACH or check. Payment by credit card (including Purchase Cards) for product and services in this Order Form will be subject to a service charge of 3%. There is no service charge for ACH or check payment.

7. Enhanced Reporting Database pricing is based on a percentage of Customers SaaS Annual Contract Value if applicable. As SaaS Annual Contract Value increases/decreases based on seat count changes or annual uplift ERD pricing will be adjusted accordingly at contract renewal.

8. The prepayment amount for years 1 and 2 of the order is $513,637.55. Years 3 through 10 will be billed annually thereafter.

Signatures
Accela, Inc. Customer
Signature: Signature:

Print Name: Print Name:

Title: Title:

Date: Date:

Quote Number:Q-32524-1 Print Date:1/31/2024

ATTACHMENT B 150
City of Stockton
Legislation Text
File #: 24-0164, Version: 1

ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR THE WESTLAKE VILLAGES, UNIT NO. 15 - VILLAGE I (TRACT NO. 3589) PROJECT

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

1. Approve the final map for Westlake Villages, Unit No. 15 - Village I, Tract No. 3589;

2. Authorize the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication, and record the final map for Westlake Villages, Unit No. 15 - Village I, Tract No. 3589; and

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

Summary
The proposed resolution approves the final map and authorizes the City Manager to execute the Subdivision Agreement between KL LB BUY 1 LLC, accept all offers of dedication, and recordation of the map for Westlake Villages Unit No. 15 - Village I, Tract No. 3589. The subdivision contains

20.75 acres divided into 88 lots for the construction of single-family residential homes, four nonresidential lots and right-of-way dedication.

Review and approval of the Final Map and Subdivision Agreement are necessary to ensure the conditions of the Development Agreement and Tentative Map have been fulfilled. If the final map is approved by the City Council, the City will transmit the map and Subdivision Agreement to the County Recorder for recordation.

It is recommended that Council adopt the proposed resolution as KL LB BUY 1 LLC has fulfilled all necessary conditions.

DISCUSSION
Background
On September 14, 2004, the City Council approved development applications for Spanos Family Partnership for an approximate 681-acre project site located south of Eight Mile Road, west of Spanos Park West and Interstate 5, north of Pixley and Disappointment Sloughs, and east of Bishop Cut bridge and Rio Blanco Road (Attachment A - Vicinity Map). Council approvals included an Environmental Impact Report, General Plan Amendment, Development Agreement, Pre-zoning City of Stockton Page 1 of 3 Printed on 3/27/2024
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File #: 24-0164, Version: 1
for mixed-use, Annexation application, and a Master Development Plan to facilitate a residential community consisting of 2,630 single-family residential homes, commercial space, school, parks, and fire station within a setting of man-made lakes.

On October 14, 2004, the City Planning Commission approved two Tentative Maps (TM 18-04 A and B) for a proposed property subdivision of the Westlake Villages Project site. Tentative Map 18- 04A showed how the proposed site would be divided up into smaller parcels creating the 2,630 residential lots (792 of which were intended for an active adult community) and lots for the fire station, parks, school, landscaping, lake, and various accessory lots. Tentative Map 18-04B proposed how the site would be divided up into 30 large lots to provide the developer an opportunity to sell off larger blocks of developable land while site development is underway. The tentative maps were approved subject to specified conditions to be met upon subdivision of the project site.

In 2018, the City Council approved the formation of Community Facilities District (CFD) No. 2018-2 for Westlake Villages II to levy Special Taxes within the CFD to finance the construction of capital infrastructure and ongoing services related to police, fire, parks, roads, and open space.

Present Situation
KL LB BUY 1 LLC submitted a final map for Unit No. 15 - Village I to complete the subdivision process for the earlier approved Tentative Maps. The final map will subdivide an approximately

20.75-acre project site into 88 residential lots, four non-residential lots (A - D) for landscaping and utility easement and street right-of-way dedication. The residential lot sizes, ranging in size from 6,300 to 15,234 square feet, will be provided access through the project site via public streets.

Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval have been met. This includes preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision, dedicating right-of-way easements, paying proportionate share fees towards off-site improvement costs, and posting security bonds to guarantee the subdivision improvements.

The City Engineer reviewed the final map for technical accuracy and substantial conformance with approved tentative maps and recommends forwarding the final map, subdivision agreement, and any offers of dedication to the City Council for consideration and approval.

The subdivision agreement (Exhibit 1 to the proposed resolution) contains the developer’s obligations for project site development. The proposed resolution authorizes the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication and authorize the recordation of the final map.

FINANCIAL SUMMARY
The costs of creating the subdivision agreement, including plan checking, inspection, map filing, and computer mapping services provided by City staff have been paid by the subdivider in the amount of $126,809.59 and deposited in various development fee accounts in the Development Services Fund and Street Sign Public Facility Fee Fund. These fees are described in detail in Exhibit A of the Agreement. All other fees will be assessed at the time building permits are issued.

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Westlake Villages, Unit No. 15 - Village I will be incorporated into CFD No. 2018-2, which provides funding for the necessary subdivision infrastructure improvements and ongoing City services to support project development. The new fire station proposed within the Westlake Villages Development would be constructed in a future development phase when needed to address the residential demand. There is no financial impact to the City because of the execution of the subdivision agreement. The costs to construct the required infrastructure improvements and develop the subdivision are borne by the developer and addressed with the formation of the community facilities district.

Attachment A - Vicinity Map
City of Stockton Page 3 of 3 Printed on 3/27/2024
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REV. DATE
CK. BY DRAWING NO.

CITY ENGINEER

APPROVED BY
SCALE
NO. BY APRVD.

DWG. BY

DEPARTMENT OF PUBLIC WORKS

CITY OF STOCKTON DATE
Westlake Villages #15
(Village I) Vicinity Map
N
Attachment A
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT,

ACCEPTING ON BEHALF OF THE PUBLIC ALL OFFERS OF DEDICATION,

AND AUTHORIZING RECORDATION OF THE FINAL MAP FOR WESTLAKE VILLAGES, UNIT NO. 15 - VILLAGE I (TRACT NO. 3589)
Westlake Villages, Unit No. 15 – Village I (Tract No. 3589), is located south of Eight Mile Road and west of Interstate 5; and
The project will subdivide an approximately 20.75-acre project site into 88 lots for the construction of single-family homes, four non-residential lots, and rightof-way dedication; and The subdivider is KL LB BUY 1 LLC, a Delaware Limited Liability Company (Subdivider); and
The Subdivider has submitted the Westlake Villages, Unit No. 15 – Village I (Tract No. 3589), Final Map for approval; and
Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval have been met, which includes preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision unit, dedicating right of way easements, and posting security bonds to guarantee the subdivision improvements; and The subdivision agreement contains the subdivider’s obligations for project site development; now, therefore,

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

1. The City Manager is hereby authorized to execute on behalf of the City of Stockton a Subdivision Agreement outlining conditions for the approval of Westlake Villages, Unit No. 15 – Village I (Tract No. 3589), a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The certain Final Map, consisting of six sheets, entitled Westlake Villages, Unit No. 15 – Village I (Tract No. 3589), filed with the City Clerk on April 2, 2024, is hereby approved as and for the Final Map of that certain subdivision known as Westlake Villages, Unit No. 15 – Village I (Tract No. 3589), Stockton, which is attached as Exhibit 2 and incorporated by reference. .
155

3. The City Council hereby accepts on behalf of the public all offers of dedication for the purposes designated and authorizes recordation of the map.

4. The approval and acceptance by the City on behalf of the public of Tract No. 3589, Subdivisions of San Joaquin County, Westlake Villages, Unit No. 15 – Village I, is subject to the owner or owners constructing all public improvements required by the Community Development Department and the payment of all fees required under Chapter 16, Division 4, of the Stockton Municipal Code, and subject to the owner or owners submitting to the City of Stockton the final map of the subdivision approved by the County Surveyor indicating conformance to the Subdivision Map Act of the State of California.

5. The City Clerk is hereby authorized and directed to sign and have recorded said subdivision map when same is submitted to the City, bearing said approval of the County Surveyor, and is approved by the City Engineer.

6. The City Manager is authorized to take such other actions as are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED and ADOPTED April 2, 2024 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
156
1 After Recording Return To:

City of Stockton
Community Development Department
Planning & Engineering Services Div.
425 North El Dorado Street
Stockton CA 95202

SUBDIVISION AGREEMENT
(FINAL MAP)
THIS SUBDIVISION AGREEMENT (“Agreement”) is made and entered into as of _________________________ by and between the CITY OF STOCKTON, a municipal corporation hereafter referred to as "CITY," and KL LB BUY 1 LLC, A DELAWARE LIMITED LIABILITY COMPANY, hereinafter referred to as "SUBDIVIDER."
W I T N E S S E T H:

Subdivider has presented to City for approval a final subdivision map (hereinafter called "MAP") entitled WESTLAKE VILLAGES, UNIT NO. 15 (VILLAGE I) -- TRACT NO. 3589 (TM 18-04 A&B) which Map has been checked and approved by the County Surveyor; and Said Map has been filed with the City Engineer for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein; and Subdivider has requested approval of said Map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which plans and specifications (5492C) dated 7/13/2022, prepared by VVH Consulting Engineers, and consisting of Sheets 1 through 45 are now on file in the Office of the City Engineer; and This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 16, Division 6, of the Stockton Municipal Code.

NOW, THEREFORE, for and in consideration of these premises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Municipal Code, the parties hereto agree as follows:

1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider's own expense, in a good and worklike manner, under the direction and to the satisfaction of the City Engineer, all of the following work and improvements within the subdivision, to-wit:

Those certain improvements designated and shown on said Map as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, EXHIBIT 1 157
EXHIBIT 1 158
EXHIBIT 1 159
EXHIBIT 1 160
EXHIBIT 1 161
EXHIBIT 1 162
EXHIBIT 1 163
EXHIBIT 1 164
EXHIBIT 1 165
EXHIBIT 1 166
EXHIBIT 1 167
EXHIBIT 1 168
EXHIBIT 1 169
EXHIBIT 1 170
EXHIBIT 1 171
EXHIBIT 1 172
EXHIBIT 1 173
EXHIBIT 1 174
EXHIBIT 1 175
EXHIBIT 1 176
EXHIBIT 1 177
EXHIBIT 1 178
EXHIBIT 1 179
EXHIBIT 1 180
EXHIBIT 1 181
EXHIBIT 1 182
EXHIBIT 1 183
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EXHIBIT 1 185
EXHIBIT 1 186
EXHIBIT 1 187
EXHIBIT 1 188
EXHIBIT 1 189
EXHIBIT 1 190
EXHIBIT 2 191
EXHIBIT 2 192
EXHIBIT 2 193
EXHIBIT 2 194
EXHIBIT 2 195
EXHIBIT 2 196
City of Stockton
Legislation Text
File #: 24-0152, Version: 1

APPROVE MOTION TO EXECUTE A THREE-YEAR AGREEMENT WITH ON DUTY HEALTH,

PLLC FOR ON-SITE FIREFIGHTER HEALTH AND WELLNESS ASSESSMENTS

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

1. Authorize the City Manager to execute a three-year Agreement with two (2) one-year options to renew with On Duty Health, PLLC for annual firefighter health and wellness examinations in an amount not to exceed $450,000; and

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

3. Authorize the City Manager to carry-over the FY 2023-24 appropriation of $93,000 for annual health and wellness examinations to FY2024-25 and to continue any remaining appropriations of the program to future fiscal years through the contract term.

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

Summary
Stockton Fire Department (SFD) members require annual health and wellness examinations in accordance with National Fire Protection Agency (NFPA) 1582, United States Occupational Safety and Health Administration (OSHA), and United States Department of Transportation (DOT) standards. On August 24, 2023, the City advertised a Request for Proposals (RFP) for annual firefighter health and wellness examination services and On Duty Health, PLLC (ODH) was the highest ranking proponent. It is recommended that City Council approve a motion authorizing the City Manager to execute a three-year Agreement with ODH for annual firefighter health and wellness examinations for an amount not to exceed $450,000.

DISCUSSION
Background
Firefighters face unique occupational hazards that increase their risk of developing cancer. Regular medical evaluations are essential for early detection of potential health issues and the prevention of long-term complications. In 2010, researchers from the National Institute for Occupational Safety and Health (NIOSH), launched a multi-year study to examine whether firefighters have a higher risk of cancer and other causes of death due to job related exposures. The study was a joint effort led by researchers at NIOSH in collaboration with researchers at the National Cancer Institute and the City of Stockton Page 1 of 3 Printed on 3/27/2024
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File #: 24-0152, Version: 1
University of California at Davis Department of Public Health Sciences and supported by the U.S.

Fire Administration. The study included nearly 30,000 career firefighters from Chicago, Philadelphia, and San Francisco who were employed at any time between 1950 and 2009. The study was completed in 2015. According to Dr. Robert D. Daniels, PhD, Lead Epidemiologist in the NIOSH Education and Information Division, NIOSH researchers found that, when compared to the number of cancers expected using U.S. population rates, firefighters had a 9% increase in cancer diagnoses and a 14% increase in cancer-related deaths.

Early detection of cancer is paramount. When cancer care is delayed, there is a lower chance of survival, greater problems associated with treatment and higher costs of care. Early diagnosis improves cancer outcomes by providing care at the earliest possible stage.

Present Situation
On August 24, 2023, the City advertised a Request for Proposals (RFP) for annual firefighter health examination services. On September 21, the City received six (6) proposals, two of which were deemed non-responsive by the Procurement Division. All responsive proposals were evaluated by an SFD review panel and On Duty Health, PLLC (ODH) was the highest ranking proponent.

ODH will offer comprehensive on-site annual firefighter exams, encompassing lab and urinalysis, a thorough physical examination, cardiopulmonary screening and fitness assessment, and ultrasoundenhanced cancer screenings. ODH's cancer screenings will employ ultrasound imaging to examine the carotid arteries, thyroid, liver, pancreas, gall bladder, spleen, kidneys, bladder, pelvic region (for women), and testicular and prostate areas (for men). Ultrasound, utilizing high-frequency sound waves for real-time imaging of organs, blood vessels, and tissues, is a safer alternative to X-rays or CT scans, which involve radiation exposure. This technology significantly contributes to improving long-term survival rates by detecting tumors in their early stages. The integration of ultrasoundenhanced cancer screenings into annual firefighter exams increases the likelihood of identifying potential health risks at their inception, thereby improving health outcomes among SFD members.

Each exam will be National Fire Protection Association (NFPA) 1582/1583 and The International Association of Fire Fighters (IAFF) and International Association of Fire Chiefs (IAFC) WellnessFitness Initiative (WFI) 4th Edition compliant.

SFD’s current annual firefighter health and wellness examination vendor is unable to provide onsite services and does not offer ultrasound-enhanced cancer screening. Their inability to deliver on-site services results in SFD members vying with other local agencies and private companies for health and wellness examinations throughout the day. This extends the time spent in the doctor's office, impeding the prompt return of suppression personnel to their vital role in providing emergency services for the community. ODH’s ability to perform on-site examinations will enhance the efficiency of annual wellness assessments, reducing downtime for suppression personnel during the examinations. Furthermore, ODH’s ability to deliver ultrasound-enhanced cancer screenings ensures a more comprehensive examination for SFD personnel, ultimately improving overall health outcomes.

Findings
Pursuant to Stockton Municipal Code section 3.68.070, Council may approve findings which support an exception to the competitive bidding process.

City of Stockton Page 2 of 3 Printed on 3/27/2024
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198
File #: 24-0152, Version: 1
The proposed findings include:

1. Annual health and fitness assessments are required for firefighters.

2. Use of the RFP process is appropriate for this agreement because it relies on the evaluation of professional qualifications and performance as the basis for selection. Use of these criteria helps ensure selection of a vendor that will provide the highest quality service which is in the public interest.

3. On Duty Health, PLLC is qualified to provide annual health and fitness assessment services for the Stockton Fire Department.

FINANCIAL SUMMARY
Staff recommends a three-year agreement with On Duty Health, PLLC for firefighter annual health and wellness assessment services for an amount not to exceed $450,000.

Firefighter health and wellness examinations are conducted annually during the first quarter of the calendar year beginning the month of January. The annual exams for calendar year 2024 will be postponed and scheduled in October 2024 to accommodate and prepare for the new contract.

The Fire Department currently has an approved annual budget allocation of $93,000 for annual health and wellness assessments in its General Fund Suppression Special Services account. The cost of the new contract will be incorporated in SFD’s annual budget beginning FY2024-25 in the following accounts subject to City Council approval during the annual budget development process.

General Fund Suppression Special Services Account
4020-000-630006-100-000-20-40-000-000- $93,000
Fire Measure W Special Services Account
4020-000-630006-200-202-20-40-0000-000- $22,000
Fire Prevention Special Services Account
4050-000-630006-220-225-20-40-0000-000- $4,000
The current budget appropriation in FY2023-24 will be encumbered upon contract execution to cover the cost of services over the three-year term.

Attachment A - Agreement
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ATTACHMENT A 224
City of Stockton
Legislation Text
File #: 24-0306, Version: 1
ADOPT AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.40, SECTIONS 8.40.050, 8.40.080,

8.40.090, AND 8.40.150 OF THE STOCKTON MUNICIPAL CODE REGARDING SHOPPING CART

ENFORCEMENT

RECOMMENDATION
It is recommended that the City Council:

1. Adopt an Ordinance amending Title 8, Chapter 8.040, sections 8.40.050, 8.40.080, 8.40.090 and 8.40.150 of the Stockton Municipal Code (“SMC”), to allow for improved implementation and enforcement of the provisions of the existing ordinance.

2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.

Summary
The Stockton Police Department, Neighborhood Services Section (“NSS”) was requested to review its policies and procedures with respect to shopping cart enforcement. In the past few years, both the amount of shopping carts in possession by unauthorized persons and carts found loose or abandoned in the City have grown significantly. Upon a review of the City’s current Shopping Cart Ordinance (“Ordinance”), staff found the manner in which the Ordinance addresses these issues to be very similar to that of other municipalities. However, in some instances, current language is ambiguous in whether or not requirements will be enforced. Staff’s review revealed opportunities to make improvements in the enforcement of the Ordinance, and that minor changes to the current Ordinance would make enforcement more effective and less cumbersome for NSS (Attachment A).

DISCUSSION
Background
In 2001 the City of Stockton adopted the Ordinance (SMC 8.40 et seq.) consistent with the provisions of the California Business and Professions Code (“BPC”), Section 22435 et seq., to address the growing problem of abandoned shopping carts within the city limits. It is important to recognize that, though the City of Stockton is a Charter City and can, in some cases, adopt and implement its own ordinances, rules, and regulations contrary to State law, the Legislature specifically cited retrieval of shopping carts by local governmental agencies as a matter of statewide concern which is to be governed solely by the BPC, prohibiting any city, county, or city and county from adopting any provisions within their ordinances which conflict with the BPC. Following passage of the City’s Ordinance, enforcement became a shared effort between the Stockton Police Department (“SPD”) Patrol Division (citing individuals in possession of abandoned carts and assisting NSS and Public City of Stockton Page 1 of 3 Printed on 3/27/2024
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File #: 24-0306, Version: 1
Works in certain enforcement actions), NSS (issuing Notices of Violation for abandoned carts on public and private property), and Public Works (collecting and impounding/disposing of carts on the public right-of-way).

The BPC requires any city, county, or city and county that impounds shopping carts to hold such carts at a location that is both reasonably convenient to the owner of the shopping cart and open for business at least six hours of each business day. This has been a challenge for the City, therefore more responsibility must be placed on the business and/or property owners to prevent shopping carts from leaving the premises.

Present Situation
Enforcement of the Ordinance is solely complaint driven. Complaints can be submitted to the NSS complaint line, Public Works complaint line, or online at Ask Stockton, where it is then routed to either NSS or Public Works, depending on the details of the complaint. Due to the increase in shopping cart complaints, staff have renewed efforts to reduce instances of shopping carts in public and private areas.

In January 2024, a CSO was assigned to NSS and part of the position responsibilities is to oversee the implementation of a renewed effort to enforce the Ordinance. Also, a part-time Safety Aide II position has been established and has been tasked with reviewing the current Ordinance, making recommendations for revisions of the Ordinance, and creating an updated Policy and Procedure for enforcing the Ordinance going forward. Based on this review, the following amendments to the SMC are requested to better enable NSS, and other departments/divisions, to implement and enforce the provisions therein:

SMC 8.040.050
· Change the violation language to be consistent with the changes in 8.40.090.

SMC 8.040.080
· Change the language requiring businesses to submit a Mandatory Plan to the City to a requirement that businesses prepare a Mandatory Plan and store it “on-site.” Businesses would be required to produce the Plan upon request by an authorized officer and could be cited for failure to produce a Plan.
· Change ‘may’ language to ‘shall’ language to remove ambiguity as to what a business is required to include within its Mandatory Plan. Within the Plan provisions of this section, businesses will still have options for reducing abandoned cart occurrences, but they will have to be more specific in identifying how they are going to implement it. · Require businesses to provide the City with a contact person and contact number at each of its locations and what, if any, third-party cart retrieval company they are contracted with. This provision will allow the City to gather information to incorporate a link on relevant City website pages where citizens will be able to report abandoned carts directly to the business’ cart retrieval company, thus minimizing complaints to City complaint lines. Numerous municipalities researched have implemented such webpage links on their websites.

SMC 8.040.090
· Simplifies language about penalties for failure to comply with Mandatory Plan requirements.

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File #: 24-0306, Version: 1
· Establishes remedial actions allowed to address repeated and excess violations. · Establishes provisions for addressing a property owner not allowing a business owner to install cart wheel locking devices, and associated systems, after proper notice. This provision would only be applicable when the property owner and business owner were not the same.

SMC 8.040.150
· Change the existing Chapter 1.20 reference to Chapter 1.24, Chapter 1.28, and Chapter 1.32 to correctly identify the SMC Sections under which NSS is authorized to conduct administrative remedies.

FINANCIAL SUMMARY
There are no General Fund costs associated with the amendment to the ordinance as drafted.

Collection of any fines, fees, or cost recovery associated with shopping cart enforcement will continue pursuant to current practice.

Attachment A - Proposed Shopping Cart Ordinance Amendments (redline) City of Stockton Page 3 of 3 Printed on 3/27/2024
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ATTACHMENT A
1 ORDINANCE NO. ________________
ADOPT AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.40, SECTIONS 8.40.050,

8.40.080, 8.40.090, AND 8.40.150 REGARDING SHOPPING CART ENFORCEMENT

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

SECTION I. AMENDMENT OF CODE
Title 8, Chapter 8.40, section 8.40.050 of the Stockton Municipal Code is amended to read as follows:

8.40.050 Penalty for failure to affix required signs.

Maintaining or permitting Any owner who maintains or permits the use of shopping carts in violation of the provisions of Section 8.40.040 shall be a violation of this chapter. guilty of an infraction. (Prior code § 5-914)
SECTION II. AMENDMENT OF CODE
Title 8, Chapter 8.40, section 8.40.080 of the Stockton Municipal Code is amended to read as follows:

8.40.080 Mandatory plan.

A. Every owner shall prepare, and implement, and submit by March 1, 2002, a specific written plan to prevent their respective customers from removing shopping carts from each owner's premises and to retrieve shopping carts that have been removed therefrom. Said plan shallmay include the following elements and shall be subject to review and enforcementthe hereinafter specified approval:

1. Notice to Customers. Written notice shallmay be provided to customers that removal of shopping carts from the premises is prohibited and a violation of law. The notice may be provided in the form of flyers, warnings on shopping bags, or any other form of written notification that will provide effective notice to customers of the prohibition; OR

2. Signs. Signs of a conspicuous nature shallmay be placed in appropriate places near customer exits and near parking area exits to 228

ATTACHMENT A
2 inform customers that shopping cart removal is prohibited and constitutes a violation of law;
AND

3. Preventive Measures. Specific physical measures may be implemented to prevent the removal of shopping carts from the owner's premises. These measures may include, but are not limited to, devices on shopping carts that automatically disable them if they are removed from the premises, employment of personnel to advise and deter customers from removing shopping carts, installation of obstacles to prevent the removal of shopping carts, collection of security deposits for use of shopping carts, provision for rental or sale of shopping carts to customers and similar or like measures.

4.3. Retrieval Measures. Specific measures shallmay be implemented to retrieve shopping carts that are removed from the owner's premises.

Such measures shallmay include one or more of the following:, but are not limited to, the employment of personnel for the purpose of retrieving shopping carts removed from the premises, orthe hiring of third-party contractors to retrieve shopping carts removed from the premises, or an alternative measure to ensure retrieval of shopping carts removed from the premises.

B. Every plan submitted shall be subject to the Director's reasonable approval and subject to periodic review by the Director to assess its effectiveness. Every plan shall be located at the premises where the shopping carts are located and be readily available for review by the Director when requested. In the event there becomes a problem with the owner's plan, the Director shall notify the owner to revise the plan submit a revised plan to the Director within 30 days. The Director may also require an evaluation report detailing the measures used during the prior year to prevent removal of shopping carts from the owner's premises and measures used to retrieve the shopping carts removed from the owner’s premises. The report may also include an inventory of shopping carts owned or used by the owner, the number of shopping carts which were retrieved after removal from the owner's premises during the previous 12 months, and the number of shopping carts which were replaced due to loss, theft or abandonment during the previous 12 months.
229

ATTACHMENT A
3 C. Whenever an owner makes revisions to a plan, the revised plan shall be submitted to the Director for approval. (Prior code § 5-917) Every Owner shall submit to the Director, and update as needed, the name of the business, the address of the business, the name and telephone number of the person to contact regarding inquiries related to the business’ Mandatory Plan, and the name and telephone number of the person or entity to contact regarding retrieval of shopping carts. For each business that has multiple retail locations, the above information shall be submitted for each location.

SECTION III. AMENDMENT OF CODE
Title 8, Chapter 8.40, section 8.40.090 of the Stockton Municipal Code is amended to read as follows:

8.40.090 Penalty for failure to comply with prepare and implement written plan requirements.

A. Failure Any owner who fails to produce a copy of the plan when requested pursuant to Section 8.40.080 (B), to revise the plan upon being notified pursuant to Section 8.40.080 (B), submit to the Director for approval the plan required under Section 8.40.080 within 60 days of the effective date of the ordinance enacting this chapter, or within 60 days of the commencement of the owner's business, whichever is later, or who fails to implement the measures established in the an approved plan, shall be a violation of this chapter.guilty of an infraction.

B. In addition to the penalties hereinabove provided, and as an administrative remedy upon a finding of repeated or excess violations of subsection A of this section, as determined by the Director, the Director is hereby authorized to require installation of wheel disabling devices on all shopping carts which prevent their removal from an owner's premises and any required ancillary system or equipment to facilitate proper wheel disablement; employment of personnel to advise and deter customers from removing shopping carts; installation of obstacles to prevent the removal of shopping carts; collection of security deposits for use of shopping carts; provision for rental or sale of shopping carts to customers; or an alternative measure to prevent removal of shopping carts from the premises. with respect to any owner who violates the provisions of subsection A of this section. (Prior code § 5-918)
230

ATTACHMENT A
4 C. In the event a business owner has been issued a notice to install wheel locking devices and the associated systems or equipment required for the proper functioning of the devices, and the property owner on which the business is located will not voluntarily allow the business owner to install such equipment on the premises, the property owner may be issued a notice of violation.

SECTION IV. AMENDMENT OF CODE
Title 8, Chapter 8.40, section 8.40.150 of the Stockton Municipal Code is amended to read as follows:

8.40.150 Cumulative effect.

The provisions of this chapter are cumulative and in addition to any and all other procedures or remedies provided in ordinances of the City or by State law for the abatement of, or prosecutions for, nuisances, and proceedings for abatement pursuant to this chapter shall not prejudice nor affect any other action, whether civil, criminal, equitable or administrative, for the abatement or other remedy of such conditions.

Without limitation upon the foregoing, violations of the provisions of this chapter shall be, and are, enforceable under the provisions of Chapters 1.241.20, 1.28, and 1.32 Administrative Enforcement and Remedies, of this code. Nothing contained herein shall be deemed to invalidate, supersede, or render ineffective any other provision of this code or any ordinance of this City. Neither the inclusion, nor the failure to include, under the terms of this chapter, any act or condition otherwise in violation of any provision of this code or other ordinance of this City, unlawful or constituting a nuisance, shall be deemed to render such act or condition lawful. (Prior code § 5-924) SECTION V. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions, or applications of the fact which can be given without the invalid provision or application, and to this end the provisions of this act are severable.

SECTION VI. EFFECTIVE DATE.

This ordinance shall take effect and be in full force sixty (60) days after its passage.

ADOPTED: ___________________
231

ATTACHMENT A
5 EFFECTIVE: ___________________
_____________________________
KEVIN J. LINCOLN
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk
City of Stockton
232
1 ORDINANCE NO. ________________
ADOPT AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.40, SECTIONS 8.40.050,

8.40.080, 8.40.090, AND 8.40.150 REGARDING SHOPPING CART ENFORCEMENT

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

SECTION I. AMENDMENT OF CODE
Title 8, Chapter 8.40, section 8.40.050 of the Stockton Municipal Code is amended to read as follows:

8.40.050 Penalty for failure to affix required signs.

Maintaining or permitting the use of shopping carts in violation of the provisions of Section 8.40.040 shall be a violation of this chapter.

SECTION II. AMENDMENT OF CODE
Title 8, Chapter 8.40, section 8.40.080 of the Stockton Municipal Code is amended to read as follows:

8.40.080 Mandatory plan.

A. Every owner shall prepare and implement a specific written plan to prevent their respective customers from removing shopping carts from each owner's premises and to retrieve shopping carts that have been removed therefrom. Said plan shall include the following elements and shall be subject to review and enforcement:

1. Notice to Customers. Written notice shall be provided to customers that removal of shopping carts from the premises is prohibited and a violation of law. The notice may be provided in the form of flyers, warnings on shopping bags, or any other form of written notification that will provide effective notice to customers of the prohibition; OR

2. Signs. Signs of a conspicuous nature shall be placed in appropriate places near customer exits and near parking area exits to inform customers that shopping cart removal is prohibited and constitutes a violation of law;
AND
233
2 3. Retrieval Measures. Specific measures shall be implemented to retrieve shopping carts that are removed from the owner's premises.

Such measures shall include one or more of the following: the employment of personnel for the purpose of retrieving shopping carts removed from the premises, the hiring of third-party contractors to retrieve shopping carts removed from the premises, or an alternative measure to ensure retrieval of shopping carts removed from the premises.

B. Every plan shall be subject to the Director's reasonable approval and subject to periodic review by the Director to assess its effectiveness. Every plan shall be located at the premises where the shopping carts are located and be readily available for review by the Director when requested. In the event there becomes a problem with the owner's plan, the Director shall notify the owner to revise the plan within 30 days. The Director may also require an evaluation report detailing the measures used during the prior year to retrieve shopping carts removed from the owner’s premises. The report may also include an inventory of shopping carts owned or used by the owner, the number of shopping carts which were retrieved after removal from the owner's premises during the previous 12 months, and the number of shopping carts which were replaced due to loss, theft or abandonment during the previous 12 months.

C. Every Owner shall submit to the Director, and update as needed, the name of the business, the address of the business, the name and telephone number of the person to contact regarding inquiries related to the business’ Mandatory Plan, and the name and telephone number of the person or entity to contact regarding retrieval of shopping carts. For each business that has multiple retail locations, the above information shall be submitted for each location.

SECTION III. AMENDMENT OF CODE
Title 8, Chapter 8.40, section 8.40.090 of the Stockton Municipal Code is amended to read as follows:

8.40.090 Penalty for failure to comply with written plan requirements. 234
3 A. Failure to produce a copy of the plan when requested pursuant to Section

8.40.080 (B), to revise the plan upon being notified pursuant to Section 8.40.080 (B), or to implement the measures established in the plan, shall be a violation of this chapter.

B. In addition to the penalties hereinabove provided, and as an administrative remedy upon a finding of repeated or excess violations of subsection A of this section, as determined by the Director, the Director is hereby authorized to require installation of wheel disabling devices on all shopping carts which prevent their removal from an owner's premises and any required ancillary system or equipment to facilitate proper wheel disablement; employment of personnel to advise and deter customers from removing shopping carts; installation of obstacles to prevent the removal of shopping carts; collection of security deposits for use of shopping carts; provision for rental or sale of shopping carts to customers; or an alternative measure to prevent removal of shopping carts from the premises.

C. In the event a business owner has been issued a notice to install wheel locking devices and the associated systems or equipment required for the proper functioning of the devices, and the property owner on which the business is located will not voluntarily allow the business owner to install such equipment on the premises, the property owner may be issued a notice of violation.

SECTION IV. AMENDMENT OF CODE
Title 8, Chapter 8.40, section 8.40.150 of the Stockton Municipal Code is amended to read as follows:

8.40.150 Cumulative effect.

The provisions of this chapter are cumulative and in addition to any and all other procedures or remedies provided in ordinances of the City or by State law for the abatement of, or prosecutions for, nuisances, and proceedings for abatement pursuant to this chapter shall not prejudice nor affect any other action, whether civil, criminal, equitable or administrative, for the abatement or other remedy of such conditions.

Without limitation upon the foregoing, violations of the provisions of this chapter shall be, and are, enforceable under the provisions of Chapters 1.24, 1.28, and 1.32 of this code. Nothing contained herein shall be deemed to invalidate, supersede, or render ineffective any other provision of this code or any ordinance of this City. Neither the 235
4 inclusion, nor the failure to include, under the terms of this chapter, any act or condition otherwise in violation of any provision of this code or other ordinance of this City, unlawful or constituting a nuisance, shall be deemed to render such act or condition lawful. (Prior code § 5-924)
SECTION V. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions, or applications of the fact which can be given without the invalid provision or application, and to this end the provisions of this act are severable.

SECTION VI. EFFECTIVE DATE.

This ordinance shall take effect and be in full force sixty (60) days after its passage.

ADOPTED: ___________________
EFFECTIVE: ___________________
_____________________________
KEVIN J. LINCOLN
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk
City of Stockton
236
City of Stockton
Legislation Text
File #: 24-0241, Version: 2

ADOPT RESOLUTION TO AUTHORIZE THE GRUPE PARK PARKING LOT RESURFACING

PROJECT

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

1. Approve Notice of Exemption No. NOE2-24 under the California Environmental Quality Act for the Grupe Park Parking Lot Resurfacing, Project No. WD22011.

2. Approve the plans and specifications for the Grupe Park Parking Lot Resurfacing, Project No.

WD22011.

3. Transfer funds in the amount of $42,612.64 from the Lower Sacramento Road Bridge at White Slough Fence Replacement, Project No. WD22010, to the Grupe Park Parking Lot Resurfacing, Project No. WD22011.

4. Award a Construction Contract in the amount of $385,623.75 to Consolidated Engineering, Inc. of Valley Springs, CA, for the Grupe Park Parking Lot Resurfacing, Project No. WD22011.

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 project will resurface all three parking lots, remove and replace curbs, gutters, sidewalks, and stripes, and install Americans with Disabilities Act (ADA) compliant curb ramps and parking signage (Attachment A).

On January 25, 2024, the City received eight bids for this project. Staff recommends Council award a Construction Contract to the lowest responsive bidder, Consolidated Engineering, Inc., in the amount of $385,623.75. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE2-24 under the California Environmental Quality Act (CEQA), approving the plans and specifications, and transfer of funds for the project. Construction is anticipated to begin in spring 2024 and be completed by summer 2024, weather permitting.

DISCUSSION
Background
On November 16, 2021, by Resolution No. 2021-11-16-1501, Council allocated $12.7 million in City of Stockton Page 1 of 3 Printed on 3/27/2024
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File #: 24-0241, Version: 2
discretionary funding for various parks, trees, transportation, and facility projects citywide to benefit our community. The funding provided $500,000 for Grupe Park Parking Lot Resurfacing.

On October 20, 2022, the City retained Siegfried Engineering, Inc. to prepare the plans and specifications for construction of the project for $92,142.

Grupe Park, located at 5818 Cumberland Place, is a 20.47-acre park with baseball fields, basketball and tennis courts, and playgrounds. The three parking lots within Grupe Park have deteriorated and are in need of pavement improvements.

The Grupe Park Parking Lot Resurfacing project will resurface all three parking lots located within Grupe Park. The project scope includes parking lot resurfacing, removal and reconstruction of failed curbs, gutters, and sidewalk segments, preservation of all existing survey monuments, installation of new pavement markers and striping, adjustment of existing utilities to pavement finished grade, and installation of ADA-compliant curb ramps and parking signage (Attachment A). Construction is anticipated to begin in spring 2024 and be completed by summer 2024, weather permitting.

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 was not applied to this project as the estimated construction is less than $1 million.

Present Situation
On December 18, 2023, the Grupe Park Parking Lot Resurfacing, Project No. WD22011, was advertised for bids. On January 25, 2024, eight bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Consolidated Engineering, Inc.
(Valley Springs, CA) $385,623.75 $385,623.75
Robert Burns Construction, Inc.
(Stockton, CA) $438,374.19 $429,606.71
Dirt Dynasty, Inc.
(Farmington, CA) $499,937.75 $489,939.00
GradeTech, Inc.
(Livermore, CA) $507,850.95 $507,850.95
United Pavement Maintenance, Inc.
(Hughson, CA) $517,503.50 $517,503.50
Frontline General Engineering, Inc.
(San Lorenzo, CA) $526,254.10 $526,254.10
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File #: 24-0241, Version: 2
Tom Mayo Construction, Inc.
(Stockton, CA) $553,225.00 $542,160.50
B&M Builders, Inc.
(Rancho Cordova, CA) $592,124.00 $592,124.00
Engineer’s Estimate $505,218.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Robert Burns Construction, Inc., Dirt Dynasty, Inc., and Tom Mayo Construction, Inc. are located within the County limits and are entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from Consolidated Engineering, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. Staff recommends that the Council approve the plans and specifications, transfer of funds for the project, and award a Construction Contract to Consolidated Engineering, Inc. of Valley Springs, CA, in the amount of $385,623.75.

The project is in conformance with the City’s General Plan, pursuant to California Government Code section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE2-24 under CEQA. Construction is anticipated to begin in spring 2024 and be completed by summer 2024, weather permitting.

FINANCIAL SUMMARY
The current unencumbered balance in the Grupe Park Parking Lot Resurfacing, Project No.

WD22011, is not sufficient to award a Construction Contract to Consolidated Engineering, Inc. in the amount of $385,623.75.

The resolution includes the following action to provide sufficient funding to award a Construction Contract and to fund all other construction related costs to complete the project:
· Transfer funds in the amount of $42,612.64 from the Lower Sacramento Road Bridge at White Slough Fence Replacement, Project No. WD22010, to the Grupe Park Parking Lot Resurfacing, Project No. WD22011.

With the transfer of funds, there will be sufficient funding in the Grupe Park Parking Lot Resurfacing, Project No. WD22011, to award a Construction Contract to Consolidated Engineering, Inc. in the amount of $385,623.75.

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

Attachment A - Vicinity Map
City of Stockton Page 3 of 3 Printed on 3/27/2024
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GRAND CANAL BL
CI

FOURTEEN MILE DR

GREELEY WY
WY

PENI NSULA
CI
BROOK
CT

GOLD DR

CEDAR RIDGE DR

ANDREA AV

WESTLAND AV
CT

ST ANDREWS DR

FORT DONELSON DR
HEAD
LN

BIRCH AV

LANZA LN
MEADOW

DORCHESTER WY
WOOD

STILES PL

TURTLE VALLEY DR
CREEK

CAROUSEL
CT
P. OAKS CT

LARKSPUR

WINDY COVE CI

MARIETTA
DR
WARR. CI

QUAIL LAKES DR
CI
CI
AV
CI

SEA GULL LN

SWAIN RD

CT PLYMOUTH

DUCK CT

PLYMOUTH

RUTLEDGE

HEMPSTEAD
CT
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PORTSDEER PARK DR

BROOK VALLEY CI
BRIDGE
MDW

ALLEGHENY PL
CONDOR
DR

BELMONT PL
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CANYON CREEK DR

ST ANDREWS DR

SEWARD WY
GE R MSAN SIMEONE WY
CT
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PENNINGTON

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PZ

DOUGLAS RD
CREEK

PLYMOUTH RD

QUAIL LAKES

CYPRESS AV

APPLETON WY
CI

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CT

HARVEST
CT

FERNVALE DR

MORNINGSIDE

CUMBERLAND

INMAN AV
CUSARRWPEBBLE BE A C H D R

PINE LAKE

DELANO AV

BONNIEBROOK
DR

BELLINI WY
CI
CREEK
CT

CORAL LN

BROOK VALLEY CI
K.CT
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SWAIN RD
BLUE

RUTLEDGE WY

RIVERBANK CI

PINTAIL
CT
CT

MERRIMAC

MEADE DR
CT

SHELLDRAKE
CT
WY

RIVERBROOK DR
CT
CT
PORTER

MCDOWELL
QUAY
ODY

RIVERBROOK DR
MORTON

BENJAMIN HOLT DR
CT

HILLVIEW

PINEHURST

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ROSECRANS WY

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ROSEWOOD DR
PL

STEAMBOAT COVE LN
CT
CT
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GRIGSBY PL
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WY

DELAWARE

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KELLEY DR
MORE
CT

MORGAN PL

ANNAND ALE DR

CRYSTAL BAY DR
CT

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CT
CT

PORTAGE S CI

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WILMINGTON
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CT
CI
CI
PL

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RIVERBROOK DR

BUTTONWILLOW AV
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STANTON WY
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BOULDER CREEK

TAMARISK AV
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SHADOWB ROOK

EMBARCADERO DR

RICHLAND WY

HERNDON PL
MILQUAIL LAKES DR
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BRIDLEWOOD
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CI

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BUCKLEY C OVE WY
RUN CI

MCCLELLAN WY

PETERSBURG

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FREDERICKSBURG
WY

MANZANITA AV

MORNING

FORT DONELSON DR
CT

WILLIAMSBURG
DR
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CT
CI

ATLANTA
CT
CI PZ

MALLARD

SPYGLASS DR
PL
JULIUS
LAKE
CI
CT

BURNSIDE WY

LA JOLLA
PL

DOUGLAS RD
CI
HING
CT
CHARROCK SPRUCE

HAZELWOOD AV
STICK
CT

DEL RIO DR

PARKWOOD
CT

CALHOUN WY

WILDERNESS
AV

BRENTWOOD DR
CI
CT

GRIZZLY HOLLOW

TIMEPIECE CI

ALEXANDRIA PL
BUTLER
GARBRECKINRIDGE
CT
CT
PL
SPRING

STONEWALL

CALHOUN WY
CT

MCCLELLAN WY

BLACK OAK DR
CI

HERON LA KES DR
DR

BAY VIEW

KARLSBERG

BROOKSIDE RD
CT
CI
CT
TUCKER
CT
STANTON WY (pvt)
LOOM
DR
CI

TEAL CT
GRAND
PL

WHISPERING CREEK
BROOK
CT

POTOMAC

LINCOLN RD
ST
WY
CT
SNOWVINTAGE

CREEK CI
CT
PLATO

ROCKFORD AV

EDGE CT

BROOK SIDE RD
SAND

SHILOH PL
WY
CRITTCREEK

RAINTREE

MALVERN

AMBER WY

LORENZO LN

PEPPERTREE DR

CALARIVA DR
CI
CI

MONITOR S CI
CT

MEADOW AV

WOODSIDE

ROUND VALLEY
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RUDDY

RIVERBANK CI

LAND VIEW DR
DR

SHOREHAM

OAKMONT

RIDGE CI
AV
WY
MARINE

VENEZIA BL
CT
CT
CT

SHERIDAN WY
WY
R. CI
BRK

BENJAMIN HOLT DR
LAKE

PINE MEADOW

MOUTH N
YORKANNAPOLIS

CRYSTAL

VERDI WY
TOWERY

RUTLEDGE
CI
BRK
COVEY
LN
PL
TAGE
CT
CI

FEATHER RIVER DR

SUMAC AV
TISS

MOSS CREEK
SAGE
ROY
DR

CALHOUN
DR

HOGUE AV

LAKEMIST
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DR CT PL

ALEXANDRIA PL
CT

CAL RIO PL
C T
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CT
CI
CT
WHITBIRCH

WEBSTER

PORTER WY

PICCARDO CI
DR

RIVERBANK CI

BROOK HOLLOW
DR

WILLOWBROOK
CT
CEDAR
PL
CI

LONGCOVE DR DR

TROUSDALE PL

PROJECT LOCATION
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( Project Limit
Grupe Park Parking Lot Resurfacing, Project No. WD22011

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
240
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE2-24,

APPROVING THE PLANS AND SPECIFICATIONS, TRANSFERRING FUNDS, AND

AWARDING A CONSTRUCTION CONTRACT FOR THE GRUPE PARK PARKING LOT RESURFACING, PROJECT NO. WD22011
On January 25, 2024, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Grupe Park Parking Lot Resurfacing, Project No. WD22011; and
The project will resurface all three parking lots located within Grupe Park. The project scope includes parking lot resurfacing, removal and reconstruction of failed curbs, gutters and sidewalk segments, preservation of all existing survey monuments, installation of new pavement markers and striping, adjustment of existing utilities to pavement finished grade, and installation of Americans with Disabilities Act compliant curb ramps and parking signage; and
Consolidated Engineering, Inc. is the lowest responsive bidder, in the amount of $385,623.75, and its bid is regular in all respects; and The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE2-24 under CEQA for the Grupe Park Parking Lot Resurfacing, Project No. WD22011, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Grupe Park Parking Lot Resurfacing, Project No. WD22011.

3. The City Council approves the transfer of funds in the amount of $42,612.64 from the Lower Sacramento Road Bridge at White Slough Fence Replacement, Project No. WD22010, Account No. 4570-000-800007-300-301-30-45-000-000, to the Grupe Park Parking Lot Resurfacing, Project No. WD22011, Account No. 4570-000-800007- 300-301-30-45-000-000.

4. The City Council awards a Construction Contract between the City of Stockton and Consolidated Engineering, Inc. in the amount of $385,623.75, and the City 241
Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

5. 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 April 2, 2024 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
242
TO: COUNTY CLERK

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

CITY OF STOCKTON

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

PROJECT DATA
Project Title: Grupe Park Parking Lot Resurfacing, Project No. WD22011 CEQA Exemption File No.: NOE 2-24
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be resurfacing the existing parking lot, including removal and replacement of sidewalk, curb and gutter, striping, and installation of ADA compliant curb ramps. See attachment A for more information.

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

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

The activity is exempt under the "general rule" at CEQA Guidelines Section15061 (8)(3). _X_ The project is "Statutorily Exempt" per CEQA Guidelines Section: 15301(0).

The project is "Categorically Exempt" per CEQA Guidelines Section 15332.

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

CHAD REED, INTERIM DIRECTOR

PUBLIC WORKS DEPARTMENT
January 17, 2024
(DATE OF PREPARATION)
By�-------------------·---
Adriana Garibay, Project Manager (DATE OF FINAL APPROVAL)

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

Signature Title
Posting Period Ending Date
EXHIBIT 1 243
Local Construction Contract – CONSOLIDATED ENGINEERING INC. – PROJECT NO. WD22011 (Updated 10/18/23)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between CONSOLIDATED ENGINEERING INC. a STATE OF CALIFORNIA CORPORATION, with a business address at P.O. BOX 701 VALLEY SPRINGS, CA 95252, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of GRUPE PARK PARKING LOT RESURFACING (PROJECT NO. WD22011), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

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

CONTRACTOR agrees:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $385,623.75, or as otherwise mutually agreed to in a Contract Change Order.

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

It 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.

EXHIBIT 2 Page 1 of 36 244
Local Construction Contract – CONSOLIDATED ENGINEERING INC. – PROJECT NO. WD22011 (Updated 10/18/23)
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 noncontributory” and will not seek contribution from the City of Stockton’s insurance or selfinsurance and shall be at least as broad as ISO CG 20 01 04 13.

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory 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. Subcontractor further agrees to include these same provisions with any Subsubcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.