Agenda packet — City Council and Concurrent Authorities, May 21, 2024 (part 3 of 6)

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Bid prices must be based on bulk deliveries amount as specified via the electronic bid platform https://bacwa.org/about-bacc/. Bids that do not include unit prices for bulk deliveries to each geographic region specified on the electronic bid platform will be considered irregular and, at the option of BACC and the participating BACC agencies, may be eliminated from further consideration. For bulk deliveries of less than this specified amount, the bidder may, at their option, assess additional charges for “short loads” unless specific requirements for smaller deliveries are described in paragraph 3.7 Delivery Requirements.

Any additional “short load” charges must be shown by the bidder as a specific deviation on the bid contract documents. Bidders and/or third party haulers will not be allowed to refuse to make “short load” deliveries.

Any optional item will be shown as a separate line item in the electronic bid platform https://bacwa.org/about-bacc/ and bidders may, at their option, submit unit prices for the optional item.

Bids that do not include unit prices for optional item will not be considered irregular and therefore such bids will not be rejected for that reason.

If participating BACC agencies require non-bulk deliveries in containers such as buckets, barrels, or totes, it will be shown as a separate line item in the electronic bid platform https://bacwa.org/about-bacc/ .

Bidders may, at their option, submit unit prices for deliveries in buckets, barrels, or totes. Bids that do not include unit prices for buckets, barrels, or totes will not be considered irregular and therefore such bids will not be rejected for that reason. If none of the participating BACC agencies require non-bulk deliveries in containers such as buckets, barrels, or totes, the electronic bid platform https://bacwa.org/about-bacc/ will not include spaces to enter bid prices for such non-bulk deliveries in containers such as buckets, barrels, or totes, however, if a participating BACC agency later decides that they need deliveries in containers, bidders may, at their option, negotiate with the BACC agency to determine a price for deliveries in containers such as buckets, barrels, or totes.

2.5 Bidder Qualifications
A qualified bidder is one determined by BACC and the participating BACC agencies to meet standards of business competence, reputation, financial ability, and product quality. A responsive bidder is a firm/person who has submitted a bid that conforms in all material respects to the terms and conditions, the specifications of the chemical, and any other requirement of the bid instructions. A responsible bidder is a firm/person who has the capability in all aspects to perform full contract requirements, and who has the integrity and reliability that will assure good faith and specific performance. Bidders that intend to utilize a third-party hauling company for completing some or all of their deliveries must indicate the name and contact information of the third-party hauling company on the Bid Form. Before submitting a bid, the bidder must carefully examine and read all parts of the bid contract documents and be fully informed as to all existing conditions and limitations. It should be noted that, upon selection and approval of the successful bidder, the entire contents of the bid contract documents will become part of the full contract between the participating BACC agency and successful bidder (see paragraph 3.5 Purchase Orders / Contracts).
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2.6 Authorized Signatory of Bid Contract Documents
The person signing the submitted bid must be fully authorized to represent and legally bind the bidding company to the terms and conditions described herein. A corporate officer must sign bids by corporations in the corporate name. The State of incorporation must be written in below the corporate name. Bids by partnerships must be signed in the partnership’s name and signed by a partner with his/her title shown.

2.7 References
The bidder must submit with the bid a list of a minimum of three references that have purchased similar chemicals and services from the bidder. The bidder must provide the company or agency name, contact name, and telephone number for each reference. Whenever possible, bidders should provide references for customers from the same geographic regions as the participating BACC agencies. Bidders may provide references from BACC agencies. These references must be shown on the Standard Agreement contained herein.

2.8 Bid Submittal
Electronic bids will only be received via the electronic bid platform https://bacwa.org/about-bacc/ by no later than 4:00 P.M. PT, Thursday, February 22, 2024. Electronic bids shall contain all required attachments and information. Bidders must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/about-bacc/ (Line Item section). Bidders are cautioned that failure to comply may result in non-acceptance of the bid. Bids received after said date and time will not be considered under any circumstances. BACC will not be responsible for any delays or transmission errors. Bidder accepts all risks of late delivery of electronic bids. It is the bidder’s responsibility to ensure that bid submitted is received by the electronic bid platform https://bacwa.org/about-bacc/ prior to scheduled bid opening. Any attachment will remain sealed and will not be opened until the appointed bid opening date and time. Bidders not receiving confirmation receipt should contact the electronic bid platform vendor https://bacwa.org/about-bacc/ to make sure that their electronic submittal has gone through.

2.9 Modification, Addenda, and Interpretations
Any explanation desired by the bidders regarding the meaning or interpretation of this particular bid solicitation including the bid contract documents must be requested via the electronic bid platform Q&A Forum at least five (5) business days prior to the time set for the bid opening. Any and all such interpretations or modifications must be in the form of a written request to the BACC Coordinator via the electronic bid platform Q&A Forum. All changes to this particular bid solicitation document including the bid contract documents initiated by the BACC Coordinator will be through written addenda and furnished to all bidders via the electronic bid platform. Addendum will be issued no later than 72 hours before bid opening. Any written addendum issued 72 hours before the date and time of the bid opening will become a part of the bid contract documents and must be acknowledged on the Standard Agreement form that each bidder submits. Failure to acknowledge any and all the addendum(s) on the Standard Agreement form may be cause for rejection of the bid.
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2.10 Modification of Bids
A bidder may modify their bid via the electronic bid platform prior to the date and time of the bid opening.

Modifications of any bid prices, terms and conditions must be electronically submitted via the electronic bid platform prior to the time of the bid opening. It shall be the responsibility of the respective bidder to determine if their written modification was received in time by electronic bid platform. BACC reserves the right to accept or reject any proposed modifications of the bid terms and conditions.

2.11 Withdrawal of Bids
Any bid may be withdrawn any time prior to the stated bid opening date and time (closing time) only via the electronic bid platform. The withdrawal request must be executed by the bidder or a duly authorized representative. The withdrawal of the bid does not prejudice the right of the bidder to file a new bid prior to the bid closing time. No bids may be withdrawn after the bid opening date and time.

2.12 Proposed Deviations from the Specifications by the Bidder Any deviation from the specifications described herein or in a written addendum that is proposed by a bidder must be noted in detail on the Standard Agreement form, and a copy of the proposed specification must be attached to the Standard Agreement form at the time of submission. The absence of a proposed change in the specifications will hold the bidder strictly accountable to the specifications as described herein. If proposed deviations from the specifications are submitted, the bidder’s name should be clearly shown on each document. Each BACC agency will be responsible for individually accepting or rejecting any proposed deviations from the described specifications.

2.13 Competency of Bidders
Before any contract is awarded, the bidder may be required to furnish a complete statement of financial ability and experience in performing the proposed services. In accordance with the provisions of the California Business and Professions Code and other regulations, the bidder must have and maintain current any and all necessary licenses or certificates.

2.14 Rejection of Bids
The BACC and/or its individual agencies reserves the right to reject any and all bids and reserves the right to waive a bid deficiency or reject a bid for any reason, including but not limited to the following:
informalities, nonconforming, non-responsive or conditional bids, bids showing any alterations of form or erasures or irregularities of any kind, additional information not requested, incomplete bids, or bids not conforming with the instructions in any way. Bidders that plan to utilize a third-party hauling company that refused to deliver to one or more of the participating agencies in the past three (3) years will be rejected as non-responsive.

2.15 Opening Bids
A preliminary bid results showing apparent lowest bid will be available on the electronic bid platform shortly after the bid opening date / time.

2.16 Method of Award
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Bids may be awarded to the lowest responsive and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost. BACC has the right to delete terms or options from the bid contract documents, and reserves the right to reject any and all bids and to waive irregularities in said bids. The following is a non-inclusive list of criteria that must be used in award of the bid:
a. Unit cost of the chemical
b. Product specifications
c. Warranties or standards of quality
d. Capabilities to deliver product throughout the contract term e. Bidder’s reputation, competency, and previous customer service record f. Third party hauling company’s reputation, competency, and previous customer service record (if applicable)
g. Fully executed non-collusion affidavit

2.17 Disqualification of Duplicate or Collusive Bidders More than one bid proposal from an individual, a firm or partnership, a corporation or an association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for the bid contemplated will cause rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, any and all bids may be rejected. Bidders must execute and submit with their bid the Non-Collusion Affidavit included in the bid document.

2.18 Identical Bids
In the case of tied or identical bids corresponding to the proposed unit costs, BACC reserves the right to award the bid based on additional criteria. If a tied bid is not rejected for any reason as described in paragraph 2.16 Method of Award, then any additional costs described in the “Specific Deviations” such as short load adders, will be used to determine the lowest responsive bidder. If considering additional costs as described in the “Specific Deviations” still doesn’t produce a winning bidder (i.e. if the tied bidders quote identical short load adder prices), then any exceptions or conditions described in the “Specific Deviations” will be considered in an effort to determine the lowest responsive bidder. If the latter still fails to produce a winning bidder, then BACC will draw lots by placing the names of the tied bidders in a hat and drawing a name. If drawing lots is deemed necessary, BACC will schedule a time to draw lots and the tied bidders will be invited to attend and witness the drawing. 10 Contract with Univar Solutions for Sodium Hypochlorite

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2.19 Material Warranty
Before the bid is awarded and, if applicable, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all chemicals to be supplied, together with samples.

The samples may be subjected to tests to determine their quality and fitness for the intended uses.

2.20 Bid Summary
Bid proposals will be summarized and reviewed with the BACC agencies following the bid opening. Bid summaries or tabulations will also be provided to the responsive bidders within ten (10) business days following the bid opening. After a careful review of the bids by each of the participating BACC agencies, bids may be awarded based on the criteria outlined in paragraph 2.16 Method of Award.

2.21 Manufacturer’s Information
Bidders must submit with their bid contract documents the following:
a. In accordance with Section 64590, Title 22 of the California Code of Regulations (CCR), no chemical or product shall be added to drinking water by a water supplier unless the chemical or product is certified as meeting the specifications of NSF International/American National Standard Institute (NSF/ANSI) 60-2005 (Drinking Water Treatment Chemicals—Health Effects). Certification shall be from an ANSI accredited product certification organization whose certification system includes the criteria for ensuring the chemical or product meets NSF/ANSI Standard 60 per Section 64590 of the CCR. Bidders must submit an affidavit of compliance from the ANSI accredited product certification organization. Bidders must include a statement by the chemical manufacturer, signed by an authorized representative on letterhead stationery, attesting to the affidavit’s validity. In lieu of submitting an affidavit of compliance and a letter attesting to the affidavit’s validity, a current printout from the ANSI accredited product certification organization is acceptable.
b. A representative analysis of the chemical to be supplied, as prepared by a reputable outside laboratory or bidder’s in-house laboratory if ISO certified. c. Name and address of the chemical manufacturer.
d. Product Bulletin and Typical Properties.
e. Safety Data Sheet (SDS).

3. SPECIAL INSTRUCTIONS TO BIDDERS

3.1 Chemical Requirements
The chemical to be provided under the terms and conditions of this bid must meet the bid specifications described in the pages that follow.

3.2 Safety Requirements
The bidder, their employees, subcontractors, and/or agents must conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety, and they must adhere to all State, Federal and Occupational Safety and Health Act (OSHA) safety standards, including compliance with any applicable State or local health order related to COVID-19 while they are on the premises of any BACC 11 Contract with Univar Solutions for Sodium Hypochlorite

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agency. Furnished equipment, materials, and/or services must comply with all OSHA standards and regulations, and all applicable governmental laws and orders. The BACC agencies reserve the right to individually refuse any shipment, at their sole discretion, which cannot be unloaded using safe and proper techniques. Any such refusal must result in the return of the chemical at the successful bidder’s sole expense. If requested by a participating BACC agency, the successful bidder and/or the firm providing transportation of the chemical shall submit to a safety briefing at the BACC agency’s site before commencing deliveries to the respective BACC agency. The successful bidder and/or the firm providing transportation of the chemical are required to comply with the site specific safety requirements of each participating BACC agency. Bidders should be aware that some BACC agencies do not allow smoking on site. Site safety requirements will be available for review during the bid period upon request to the BACC Coordinator. In addition, if requested by a participating BACC agency, the successful bidder and/or the firm providing transportation of the chemical may be asked to review site safety materials and provide a signed acknowledgement of their receipt of the site safety materials.

3.3 Spillage
The successful bidder must be prepared to provide safety training on the safe handling and use of the chemical and emergency procedures in the event of a leak or spill. Should a chemical spill or leak result due to negligence, faulty equipment, or inferior packaging on the part of the bidder or their agents, the bidder and their agents must be responsible for cleaning the spill or leakage and for bearing any cost incurred due to spill or leakage clean-up. It must be the successful bidder’s responsibility to effect immediate containment, clean-up, disposal, and restoration activities in accordance with the individual facility’s requirements and any and all applicable laws and regulations. All material associated with such clean-up operations must be hauled away and lawfully disposed of at no charge to the agency where the delivery is being made. The property of the agency where the delivery is being made must not be used for such disposal. If the spill is NOT cleaned up, the agency will hire a certified hazardous material handling company to clean up the spill, and the costs incurred, including any fines or penalties which may be imposed by regulating authorities, will be charged to the bidder or deducted from amounts owed.

Chemicals must stay in the possession of the bidder and must not be unloaded until accepted by the participating BACC agency. All chemicals must be delivered in accordance with Department of Transportation regulations.

3.4 Chemical Orders
All orders placed throughout the contract period, as defined in paragraph 4.11 Term of Contract, will be initiated separately by each participating BACC agency, and each BACC agency will be responsible for the coordination of all aspects of those orders with the successful bidder. Inquiries in reference to individual orders during the contract period must be directed to the appropriate BACC agency.

3.5 Purchase Orders / Contracts
Individual purchase orders, purchase agreements, and / or contracts will be issued to the successful bidder by each participating BACC agency, and all chemical sales must be invoiced separately to the respective BACC agency. Each BACC agency may require additional contract requirements specific to the agency which are not included in this bid document and bidders need to contact the agencies for specific details 12 Contract with Univar Solutions for Sodium Hypochlorite

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and perform due diligence prior to submitting a bid. The contracted unit cost of the chemical is the awarded bid price. The successful bidder may seek a price increase for any nontrivial change requested by the participating BACC agency in the terms and conditions of the participating BACC agency’s purchase order, purchase agreements, and / or contracts. The successful bidder may not change the price throughout the term of the contract unless by mutual written agreement between BACC agency and successful bidder per Section 4.4 Modification of Contract.

3.6 Taxes
Pursuant to the Sales and Use Tax Law, water treatment facilities are entitled to submit Resale Certificates to the California State Board of Equalization which exempt that utility from paying sales tax on any chemical purchased for the expressed use of producing a consumable water product. The participating BACC agencies that provide potable and/or recycled water to customers will be responsible for providing the successful bidder with these certificates or letter documenting their determination if the chemical they seek to purchase is exempt from sales tax. BACC agencies that do not notify the successful bidder that their agency is exempt from paying sales tax shall be invoiced with sales tax shown as a separate, itemized cost on the invoice. Chemicals purchased solely for the use in wastewater treatment and disposal facilities are subject to sales tax.

3.7 Delivery Requirements
Bidders are responsible for reviewing each of the listed delivery locations or geographic regions for each participating BACC agency and ensuring that their product can be delivered to each location prior to submitting a bid. Bidders that intend to utilize the services of a third party hauling company for some or all of their deliveries are responsible for ensuring that the hauler they have selected can and will deliver their product to each location listed in Section III-2, Delivery Details, and for submitting an affidavit pertaining to assurance with their bid. Failure to provide this assurance and submit an affidavit may be cause for rejecting their bid. Delivery bills of lading must be provided for each shipment. All bulk shipments must include a weight ticket from a certified weigh station in addition to a shipping manifest. Delivery times and dates must be coordinated between the successful bidder and each participating BACC agency on a schedule that meets the needs of the BACC agency, but at no time can a delivery occur more than seven (7) days after the order is placed unless the respective BACC agency requests a later delivery. No delivery can be made when a BACC agency representative is not on site. The successful bidder must notify the BACC agency of any anticipated late deliveries at least 24 hours in advance of the scheduled delivery time and date, unless delivery delays are the result of in-route transportation delays, then notification must be provided as soon as possible to inform the BACC agency of the anticipated delivery date and time.

Persistently late or cancelled deliveries (defined as three or more over the contract period) may be used as a basis for contract termination. Failure to provide notice of late delivery as required by this section may also be a basis for contract termination. Any deliveries not meeting chemical quality, regulatory, safety, or delivery requirements will be returned to the successful bidder at no cost to the BACC agency, and must be re-delivered by the bidder within 48 hours of the unacceptable delivery.

3.8 Force Majeure
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Any bidder that anticipates a workforce interruption, including due to COVID-19 restrictions, or a production shutdown that could affect delivery of the chemical must fax or e-mail notifications to all participating BACC agencies to notify them of the potential interruption in deliveries. A telephone call must also be made to each BACC agency as a follow-up notification.

3.9 Safety Data Sheet (SDS)
Bidders must submit a Safety Data Sheet (SDS) for the product offered with the bid. The successful bidder must provide a new SDS for the chemical with the first delivery or if the SDS is modified during the contract term.

3.10 Payments
Payments for all chemicals will be made individually by each participating BACC agency thirty (30) days after receipt of a complete and accurate invoice. BACC itself does not have any legal authority to conduct business and therefore cannot be held responsible for the financial arrangements made between each individual BACC agency and the successful bidder. Cash discounts for early remittance of payment must be stated on the invoice, if applicable. The bidder is responsible for submitting accurate invoices to each BACC agency. The BACC agencies are not responsible for late payments resulting from the submission of inaccurate invoices. If bidder continues to submit inaccurate invoices after being put on notice by the BACC agency, the contract between the bidder and the BACC agency may be terminated.

3.11 Legislative Impacts
In the event the legislative body of any BACC agency fails to appropriate funds for the purchase of the chemical, the respective BACC agency may terminate such contract without penalty and thereupon be released of further obligation.

3.12 Subcontracting
No portion of the bid award may be subcontracted to another chemical manufacturer or supplier without the prior written approval of all of the participating BACC agencies.

3.13 Laws and Regulations
All applicable State of California and Federal laws, City, County, and Special District ordinances, licenses, and regulations of all participating BACC agencies having jurisdiction must apply during the contract period, including any applicable State or local health order related to COVID-19.

3.14 Insurance
For services requiring the supplier’s or their subcontractor’s presence on any BACC agency property, the successful bidder must acquire and maintain at their expense for the duration of the term of the contract the following insurance policies: Workers’ Compensation, Employer’s Liability, Commercial General Liability, Business Vehicle and Automobile Liability, and Contractor’s Pollution Liability Insurance coverage from insurers either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than A.M. Best’s rating of no less than A:VII, or (ii) authorized by the BACC agency’s risk manager(s) or his/her designee at any time in his/her sole discretion, all relating to the 14 Contract with Univar Solutions for Sodium Hypochlorite

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supplier’s services to be performed hereunder covering the BACC agency’s risks. The minimum amounts of coverage, and the breadth of coverage, corresponding to the aforesaid categories of insurance per insurable event, must be as follows, however, the insurance limits available to each participating BACC agency, their officers, officials, employees, agents and volunteers as additional insured parties, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

INSURANCE CATEGORY MINIMUM LIMITS
Workers’ Compensation Insurance California Statutory Minimum Employer’s Liability Insurance $2,000,000 per accident, and $1,000,000 per employee for bodily injury or disease.

Commercial General Liability Insurance $5,000,000 per occurrence for bodily injury, personal injury, and property damage.

Business Vehicle and Automobile Liability
Insurance
$2,000,000 per accident for bodily injury and
property damage.

Contractor’s Pollution Liability $1,000,000 per occurrence, $2,000,000 policy aggregate.

Prior to commencement of any performance under the contract, the successful bidder must furnish to each participating BACC agency an original Certificate of Insurance, and copies of information or declaration pages for the insurance required with respect to evidence of all policies of insurance required as noted above. All policies of insurance must be endorsed to name the respective BACC agency, their officials, officers, employees, agents, and volunteers as additional insured parties. For any claims related to the contract, bidder’s insurance coverage shall be primary insurance with respect to each participating BACC agency, their officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by any BACC agency party, their officials, officers, employees, agents and volunteers shall be excess of the bidder’s insurance and shall not contribute with it. The successful bidder will be responsible for contacting each participating BACC agency to ascertain the proper name or names of the agency specific entities to be included in the endorsements.

The successful bidder must also provide each participating BACC agency with a MSC-90 endorsement, required for transporters of hazardous materials and/or wastes.

The successful bidder hereby agrees to waive subrogation which any insurer of the bidder may acquire from vendor by virtue of the payment of any loss. Bidder agrees to obtain and provide to each BACC agency any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of each participating BACC agency for all work performed by the bidder, its employees, agents and subcontractors.

The successful bidder must maintain the required insurance at all times while the contract is in effect, and must replace any certificate, policy or endorsement which will expire prior to that date. All policies of insurance must be endorsed to provide the required insurance and must not be suspended, voided, 15 Contract with Univar Solutions for Sodium Hypochlorite

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reduced, canceled, or allowed to expire except on thirty (30) days prior written notice to each participating BACC agency. The Certificate of Insurance must have a cancellation statement worded as follows: “Should any of the above described policies be cancelled before the expiration date thereof, the issuing company must mail thirty calendar (30) written notice to the Certificate holder named to the left.”

4. TERMS AND CONDITIONS

4.1 Indemnification
To the fullest extent allowed by law, the successful bidder and its employees, subcontractors, and agents shall defend, indemnify, and save and hold harmless each participating BACC agency, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of the successful bidder's or its personnel, employees, agents, or subcontractors’ willful misconduct or negligent act or omission while engaged in the performance of services described in this bid document, except those matters arising from the participating BACC agency's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.

This indemnification includes, without limitation, the payment of all penalties, fines, forfeitures, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and the reimbursement of any BACC agency, its officials, officers, employees, agents, and volunteers for all legal expenses and costs incurred by each of them.

The successful bidder’s responsibility for such defense and indemnity obligations shall survive the termination or completion of the contract for the full period of time allowed by law. The defense and indemnity obligations of the contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in the contract.

If the successful bidder should subcontract all or any portion of the work to be performed under the contract, the successful bidder shall require each subcontractor to indemnify, hold harmless and defend each participating BACC agency and each of its officials, officers, employees, agents and volunteers in accordance with the terms of the preceding paragraphs.

4.2 Bid Protests
Any bid protest must be submitted electronically via email to the BACC Coordinator before 3:30 p.m. on the fifth (5th) business day following bid opening ([email protected]). a. The protest document must be provided as one PDF and must contain a complete statement of the basis for the protest and all supporting documentation and evidence. b. The party filing the protest must have actually submitted a bid for the chemical. A subcontractor of a party submitting a bid for the chemical may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. 16 Contract with Univar Solutions for Sodium Hypochlorite

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c. The protest must refer to the specific portion of the bid document which forms the basis for the protest.
d. The protest must include the name, address and telephone number of the person representing the protesting party.
e. The party filing the protest must concurrently transmit a copy of the protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
f. BACC will give the bidder that is the subject of the protest five (5) business days after the receipt of the protest to submit a written response. The responding bidder shall submit the response to the protesting bidder concurrent with delivery to BACC. g. The procedure and time limits set forth in this paragraph are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. All protests and responses received after the time set forth herein will be rejected. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest. h. BACC will not be responsible for any delays or transmission errors. The protesting bidder accepts all risk of late delivery of electronic protests. If is the protesting bidder’s responsibility to ensure that a submittal protest is received by the bid coordinator listed in this solicitation by the due date and time. Protesting bidders should contact the bid coordinator to make sure that their electronic submittal has gone through.
i. If BACC determines that a protest is frivolous, the protesting bidder may be determined to be non-responsible and that bidder may be determined to be ineligible for future contract awards.

4.3 Equal Opportunity
The successful bidder must agree not to refuse the hire, discharge, promote, or to otherwise discriminate in the matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap. It must be a condition that any company firm or corporation supplying goods or services, must be in compliance with the Americans with Disabilities (ADA) Act of 1990. A certificate stating compliance with the ADA may be required, upon request, by any BACC agency.

4.4 Modification of Contract
This bid solicitation document including the bid contract documents, in conjunction with each BACC agency’s purchase order, purchase agreement and / or contract, will constitute the entire contract between each BACC agency and the successful bidder. The contract may not be modified, altered, or amended except by the mutual written agreement of the respective BACC agency and the successful bidder.

4.5 Common Language
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Unless otherwise specified in this document, all words must be given their plain, common and ordinary meaning unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender.

4.6 Proprietary Information
All information included in any bid proposal that is of a propriety nature must be clearly marked as such.

Each BACC agency must be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the Bidder.

4.7 Patent Guarantee
The bidder must, with respect to any bidder’s standard products, indemnify, defend and hold harmless each participating BACC agency, its employees and agents, from any and all costs and damages because of claims or litigation on account of infringement or alleged infringement of any letters patent or patent rights by reason of the sale or normal use of such products, provided that the bidder is promptly notified of all such actual or potential infringement suits, and is given an opportunity to participate in the defense of the participating BACC agencies.

4.8 Quality Control
The bidder’s chemical may be inspected and/or sampled before, during, or after any delivery and tested to confirm compliance with all of the specifications. Persistent clogging, deliveries containing significant amounts of debris, and/or chemical not meeting the technical specifications will be considered to be deficiencies. If deficiencies are detected, the chemical will be rejected and the bidder will be required to remove and replace any and all of the chemical and clean the associated tanks and piping that are contaminated by a delivery that is determined to be deficient, at no cost to the participating BACC agency.

If the bidder fails to remove and replace the deficient chemical in a timely manner after being notified of the problem by the participating agency, the participating agency may remove and dispose of the contaminated chemical and clean the chemical storage tank or tanks and the associated piping all at the bidder’s expense. Payment for the delivered chemical will not be made until the defects are corrected and the chemical is properly replaced and accepted. Repeat failures to comply with the specifications must constitute grounds for termination of the contract.

4.9 Term of Contract
The term of the contract between the respective BACC agency and the successful bidder will be twelve (12) months commencing July 1, 2024, and expiring June 30, 2025, with an option to extend the contract on a year-to-year basis, not to exceed three (3) yearly renewals if conditions and service are satisfactory to both the respective BACC agency and the successful bidder. The price for any succeeding periods of service shall be determined by negotiation between the respective BACC agency and the successful bidder.

4.10 Good Faith Bidding and Contracting
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The participating BACC agencies listed on this bid solicitation are bidding in good faith and have agreed not to extend an existing bid in lieu of contracting with the lowest responsive bidder. However, nothing in this bid solicitation shall prevent a BACC agency from rejecting all bids and separately procuring the services they require, if deemed in the best interest of their respective agency.

4.11 Termination of Contract
Any BACC agency may terminate their contract with the successful bidder for any reason by providing the successful bidder written notice of termination, and specifying the effective date thereof, at least thirty (30) days before the effective date. Termination of the contract by one BACC agency does not affect the contractual relationship between the successful bidder and any other BACC agency.

4.12 Termination for Cause
In the event of a breach of any term or provision of the contract by the successful bidder, a BACC agency may terminate the contract with respect to supply of chemicals for that agency by providing the successful bidder with written notice of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date. Termination of the contract by one BACC agency does not affect the contractual relationship between the successful bidder and any other BACC agency.

4.13 Effect of Termination
Any termination by a BACC agency, with or without cause, must not affect the validity of the contract between the successful bidder and any other BACC agency, nor must such action affect any rights, remedies, or obligations of the successful bidder or any other BACC agency.

4.14 Assignment
The successful bidder must under no circumstances assign the contract without the prior written consent of each participating BACC agency. Any assignment, or attempt at assignment, made without such consent of each participating BACC agency may be considered a breach of contract.

4.15 Competitiveness and Integrity
The participating BACC agencies have assigned control of the acquisition process to the BACC coordinating agency identified in the Notice Inviting Sealed Bids of this document, to prevent biased evaluations and to preserve the competitiveness and integrity of such acquisition efforts. Bidders are to direct all communications regarding this bid to the designated BACC Coordinator, unless otherwise specifically noted, or unless approved in writing by the BACC Coordinator. Attempts by bidders to circumvent this requirement will be viewed negatively and may result in rejection of the offending bidder’s offer. The BACC Coordinator may refer communications to other participating BACC agencies for clarification. -END OF SECTION19 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 350

SECTION II

BAY AREA CHEMICAL CONSORTIUM

PRODUCT TECHNICAL SPECIFICATIONS
FOR BID NO. 13-2024

SODIUM HYPOCHLORITE
20 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 351

PRODUCT TECHNICAL SPECIFICATIONS

12.5% SODIUM HYPOCHLORITE FOR BOTH POTABLE AND NON-POTABLE USES

1. Chemical and Physical Properties:

All sodium hypochlorite supplied under this bid must conform to the current version of the American Water Works Association (AWWA) B300-18 Standard for Hypochlorite, the American National Standards Institute/National Sanitation Foundation Standard 60-2005 (ANSI/NSF 60) Drinking Water Treatment Chemicals, except as modified or supplemented herein. Current AWWA B300-18 and ANSI/NSF 60 certification for the manufacturing facility of facilities is required with the submission of the bid. It is the responsibility of the vendor to inform the participating BACC Agencies (within 24 hours, from the time of verbal or written notification) that NSF certification has been revoked or lapsed. Loss of NSF certification shall constitute sufficient grounds for immediate termination of the contract. Bill of Lading must clearly identify product delivered to be AWWA B300-18 and ANSI/NSF 60 certified by stamp or type written statement – no handwritten notation will be accepted. Failure to provide clear identification that the product meets the AWWA and ANSI/NSF specifications will result in rejection of the load at no cost to the BACC Agency.

2. Disclaimer: The sodium hypochlorite must contain nothing that will adversely affect the public water supply, or be injurious to typical sodium hypochlorite feeding equipment.

3. Documentation: The successful Supplier must provide documentation as specified and required under Title 22, California Code of Regulations, Chapter 16, Article 7, §64590, prior to the start of the contract for the sodium hypochlorite.

4. General Specifications:
pH pH12-13
Available Chlorine 12.5 wt% minimum
Available Chlorine 125 grams/Liter minimum
Total Free Alkali (as NaOH) < 1.5% by weight
Insoluble Matter < 0.15% by weight
Age of Product at Delivery 3 days (72 hours) maximum
Sodium Hypochlorite should be stored in a dark area where the temperature does not exceed 80⁰ F (i.e. 30⁰ C) prior to delivery. Preferably sodium hypochlorite should be stored at temperatures below 68⁰ F (i.e. 20⁰ C) prior to delivery.

5. Contaminant Concentration Limits:

Iron <1.0 mg/L Nickel (Ni+2) <0.1 mg/L
Copper ](Cu+2) <0.1 mg/L Cobalt <0.1 mg/L
Chlorate <2,380 mg/L

6. Filtration Limitations: 100 mL of the sodium hypochlorite product supplied under this contract must pass through a 0.8 micron filter (Millipore, Type AA) under vacuum (25 inches Hg) within 30 minutes.

Plant staff may conduct this test prior to accepting a delivery.

7. Certificate of Analysis:
a. A certificate of analysis prepared by a reputable outside laboratory or bidder’s in-house laboratory if ISO certified, shall be submitted for each liquid sodium hypochlorite delivery. The certificate of analysis shall be based on a representative sample of the specific batch or lot of chemical currently being used to make deliveries. This report shall contain the following:
• Date of manufacture
• Date of delivery
• Shipper ID
• pH
21 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 352
• Specific gravity
• Density @ 60°F
• Insoluble Matter
• Available Chlorine: Percent by weight and pounds per gallon • Total free alkali (expressed as NaOH): Percent by weight and pounds per gallon • Excess NaOH: Percent by weight and pounds per gallon
• Excess Na₂CO₃: Percent by weight and pounds per gallon No deliveries will be accepted by the BACC Agency unless accompanied by said certificate of analysis for the specific batch or lot of chemical delivered and the quality specifications listed in the bid contract documents are met.
b. Charges for certificate of analysis shall be included in the bid price. c. Failure to supply the required certificate of analysis shall be sufficient cause to reject the load.

A certificate of analysis that does not meet current version of the AWWA Standard B300-18 shall be cause to reject the load.

8. Liquid sodium hypochlorite supplied under this contract shall not cause excessive scaling of feed lines when combined with carriage water. Excessive scaling is defined as plugging of, or precipitation in, the chlorine solution lines that causes disruption of flow. The liquid sodium hypochlorite shall be free from contaminating substances which could interfere with normal operation of BACC Agency facilities by causing clogging or blockage of feed lines, valves, strainers, or measuring devices. 22 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 353
SECTION III – 1

BAY AREA CHEMICAL CONSORTIUM

ESTIMATED ANNUAL QUANTITIES
FOR BID NO. 13-2024

SODIUM HYPOCHLORITE
23 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 354

BAY AREA CHEMICAL CONSORTIUM
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:

Water Wastewater
BID NO. 13‐2024
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2024/2025
Sodium Hypochlorite 12.5% gal 3,232,618 8,106,000
Central Valley
City of Merced gal 85,000 0
City of Stockton gal 350,000 500,000
City of Turlock gal 65,000 657,000
Oakwood Lake Water District 0 gal 6,000
Stanislaus Regional Water Authority 0 gal 291,818
797,818 1,157,000
East Bay
Alameda County Water District gal 282,000 0
City of Hayward gal 0 250,000
City of San Leandro gal 0 215,000
Oro Loma Sanitary District gal 0 208,000
Union Sanitary District gal 0 900,000
282,000 1,573,000
Marin Sonoma
Central Marin Sanitation Agency 240,000 gal 0
City of Mill Valley ‐ Sewerage Agency of Southern Marin gal 0 60,000 County of Sonoma gal 28,800 0
Las Gallinas Valley Sanitary District gal 0 120,000
Marin Municipal Water District gal 220,000 0
Napa Sanitation District gal 0 310,000
North Marin Water District gal 3,200 0
Sanitary District No. 5 of Marin County gal 0 36,000
Sausalito Marin City Sanitary District gal 0 60,000
252,000 826,000
24 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 355
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:

Water Wastewater
BID NO. 13‐2024
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2024/2025
North Bay
Central Contra Costa Sanitary District gal 0 450,000
City of Antioch gal 225,000 0
City of Brentwood gal 0 140,000
City of Martinez gal 55,000 0
City of Pinole (Pinole/Hercules WPCP) gal 0 115,000
Contra Costa Water District gal 352,000 0
Delta Diablo Sanitation District gal 0 390,000
Diablo Water District gal 7,500 0
Ironhouse Sanitary District gal 0 8,000
Pleasant Hill Recreation & Park District gal 4,700 0
Rodeo Sanitary District gal 0 50,000
Town of Discovery Bay CSD gal 28,000 0
West County Wastewater District gal 0 290,000
672,200 1,443,000
Peninsula
City of South San Francisco gal 0 165,000
City of Daly City/North San Mateo County Sanitation gal 0 135,000 City of Millbrae gal 0 65,000
City of San Mateo gal 0 400,000
Sewer Authority Mid‐Coastside gal 0 120,000
0 885,000
Sacramento
Carmichael Water District gal 45,000 0
City of Roseville gal 247,900 125,000
City of Sacramento gal 0 192,000
City of Yuba City gal 10,000 0
El Dorado Irrigation District 40,000 gal 245,000
Nevada Irrigation District gal 45,000 0
Sacramento County Water Agency gal 200,000 0
792,900 357,000
South Bay
City of Morgan Hill gal 15,000 0
City of Santa Clara gal 35,000 0
City of Sunnyvale gal 0 160,000
City of Watsonville gal 0 60,000
San Jose ‐ Santa Clara Regional Wastewater Facility 1,040,000 gal 0 50,000 1,260,000
25 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 356
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:

Water Wastewater
BID NO. 13‐2024
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2024/2025
Tri Valley
City of Livermore gal 0 260,000
Dublin San Ramon Services District gal 5,700 345,000
Zone 7 Water Agency gal 380,000 0
385,700 605,000
Sodium Hypochlorite  12.5% in 275 gal totes (OPTIONAL BID ITEM) gal 2,200 2,750 Central Valley
City of Stockton gal 0 2,750
0 2,750
North Bay
Contra Costa Water District gal 2,200 0
2,200 0
Sodium Hypochlorite  12.5% in Carboys (OPTIONAL BID ITEM) gal 0 16,000 Marin Sonoma
County of Sonoma gal 0 16,000
0 16,000
Sodium Hypochlorite  5.25% (OPTIONAL BID ITEM) gal 95,000 0 Sacramento
Nevada Irrigation District gal 95,000 0
95,000 0
26 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 357
SECTION III – 2

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
FOR BID NO. 13-2024

SODIUM HYPOCHLORITE
27 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 358

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 13‐2024
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size

CENTRAL VALLEY
City of Merced
City of Merced WWTF 10260 Gove Road Merced, Ca.
95340
approximately every two
weeks
Full load, Approx 4,000
gallons
City of Stockton
Delta Water Supply Plant 11373 N. Lower
Sacramento Road
Lodi 2‐5x per month 5,000 gallons
NSPAF 4502 White Forge
Drive
Stockton 2‐3x per month 120‐300 gal
Stockton Regional Wastewater
Control Facility
2500 Navy Drive Stockton As needed 3 totes
Stockton Regional Wastewater
Control Facility
2500 Navy Drive Stockton 1‐3x per week 5,000 gallons
Well #10R 2418 Arden Way Stockton 2‐3x per month 120‐300 gallons Well #27 1696 Bonaire Cir Stockton 2‐3x per month 120‐300 gallons Well #29 10442 Muir Woods
Ave
Stockton 2‐3x per month 120‐300 gallons
Well #30 6373 Brook Hallow
Circle
Stockton 2‐3x per month 120‐300 gallons
Well #31 3871 Ivano Lane Stockton 2‐3x per month 120‐300 gallons Well #32 9151 S. 99 Frontage
Road
Stockton 2‐3x per year 120‐300 gallons
Well #3R 7400 N. West Lane Stockton 2‐3x per month 120‐300 gallons Well SSS8 4151 Logan Ln, Stockton 5x per month 60 gallons 28 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 359

BAY AREA CHEMICAL CONSORTIUM

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size City of Turlock
NW Storage Tank 4706 Fulkerth Turlock weekly 250 gal
SE Storage Tank 401 Third St Turlock weekly 250 gal
SW Storage Tank 512 S Kilroy Turlock weekly 250 gal
Turlock Regional Water Quality
Control Facility
901 S. Walnut Rd Turlock 2‐3x per week 5,000 gallons
Well 13 1261 E. Canal Dr Turlock weekly 160 gal
Well 15 1500 W Main St Turlock weekly 55 gal
Well 20 1200 Monte Vista
Ave
Turlock weekly 250 gal
Well 22 120 E Linwood Ave Turlock weekly 160 gal
Well 24 1900 N Qunicy Rd Turlock weekly 405 gal
Well 27 420 E Zeering Turlock weekly 250 gal
Well 28 2080 W Tuolumne
Rd
Turlock weekly 160 gal
Well 29 201 E Hawkeye Ave Turlock weekly 160 gal
Well 30 991 S Orange St Turlock weekly 160 gal
Well 31 3761 N Walnut Rd Turlock weekly 160 gal
Well 32 1623 Alex Way Turlock weekly 250 gal
Well 33 500 S Berkeley Ave Turlock weekly 250 gal
Well 34 600 Dianne Dr Turlock weekly 160 gal
Well 36 1317 N Soderquist
Rd
Turlock weekly 160 gal
Well 37 4700 Crowell Rd Turlock weekly 405 gal
Well 38 2919 W
Christoffersen
Parkway
Turlock weekly 405 gal
Well 39 3900 Wellington Ln Turlock weekly 160 gal
Well 40 501 S Walnut Turlock weekly 160 gal
Oakwood Lake Water District
Wastewater Treatment Plant 4396 Aplicella Ct Manteca 6x per year 500 gallons Well 3 3757 W. Woodward
Ave
Manteca 6x per year 250 gallons
Well 4 1656 Bella Lago Way Manteca 6x per year 250 gallons 29 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 360

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 13‐2024

SODIUM HYPOCHLORITE
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size Stanislaus Regional Water Authority
Stanislaus Regional
Water Authority
Water Treatment
1235 Aldrich Rd. Hughson, CA 1‐2 times per week 5,000 gallons

EAST BAY
Alameda County Water District
Blending Facility 1111 Mowry Ave Fremont 1x per 2 weeks 4,000 gallons Newark Desalination Facility 6833 Redeker Place Newark 1x per 2 weeks 3,000 gallons Water Treatment Plant No. 2 42436 Mission Blvd. Fremont 1‐2 times per week 4,000 gallons City of Hayward
Water Pollution Control Facility 3700 Enterprise
Avenue
Hayward 3‐4 times per month 5,000 gallons
City of San Leandro
City of San Leandro
Satellite Station

2.5 miles south of
treatment plant
San Leandro Every 1‐2 Weeks During Dry
Season
1,000 gallons
Wastewater Treatment Plant 3000 Davis St San Leandro Every 1‐2 weeks 2,500‐5000 gallons Oro Loma Sanitary District
Oro Loma Sanitary District 2600 Grant Avenue San Lorenzo Weekly 4,000 gallons Union Sanitary District
Union Sanitary District 5072 Benson Road Union City 14‐17 x per month 5,000 gallons

MARIN SONOMA NAPA
Central Marin Sanitation Agency
Central Marin Sanitation Agency 1301 Andersen Drive San Rafael 1x per week; 3‐4x per week in wet weather
5,000 gallons
City of Mill Valley ‐ Sewerage Agency of Southern Marin Sewarage Agency of Southern
Marin
450 Sycamore Ave Mill Valley six weeks 4,500 gallons
County of Sonoma
Airport/Larkfield/Wikiup
Wastewater Treatment Plant
800 Aviation Blvd Santa Rosa Quarterly 800‐1000 gals
Geyserville Wastewater
Treatment Plant
155 Hamilton Lane Geyserville Quarterly 800‐1000 gals
Spring Lake Park 393 Violetti Rd Santa Rosa 1 per week 600‐1000 gals Las Gallinas Valley Sanitary District
Las Gallinas Valley Sanitary District
Wastewater Treatment Plant
300 Smith Ranch
Road
San Rafael 2x per month average 5,000 gallons
30 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 361

BAY AREA CHEMICAL CONSORTIUM

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size Marin Municipal Water District
MMWD Bon Tempe Filter Plant Road Fairfax 24x per year not less than 2,000 gallons
MMWD Ignacio Pump Station 13 Hamilton Drive Novato 11x per year not less than 2,000 gallons
MMWD San Geronimo 330 San Geronimo
Valley Road
Woodacre 34x per year 4,000 gallons
North Marin Water District
North Marin Water District Deer
Island Reclaim Waer Facility
Hwy 37 between
Atherton Ave &
Hwy 101
Novato One delivery late spring 1,000 gallons
North Marin Water District Point
Reyes Treatment Plant
End of Commodore
Webster
Point Reyes
Station
Approximately every 6
weeks
200 gallons
Sanitary District No. 5 of Marin County
2001 Paradise Drive Tiburon 1x per month 3,000 gallons
Sausalito Marin City Sanitary District
Treatment Plant / District Office 1 East Road Sausalito 1x per month 5,000 gallons, Tanker truck, Receiving hours
6am‐1pm M‐F

NORTH BAY
Central Contra Costa Sanitary District
CCCSD 5019 Imhoff Place Martinez 2‐3x weekly 5,000 gallons City of Antioch
City of Antioch Water Treatment
Plant
401 Putnam Street Antioch 2x weekly 5,000 gallons
City of Brentwood
Brentwood Wastewater
Treatment Plant
2251 Elkins Way Brentwood, CA 2x per month 5,000 gallons City of Martinez
City of Martinez Water Treatment
Plant
3003 Pacheco Blvd Martinez 2x per month 2,500 gallons
City of Pinole (Pinole/Hercules WPCP)
City of Pinole 11 Tennent Avenue Pinole Every 2 weeks 5000 gallons 31 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 362

BAY AREA CHEMICAL CONSORTIUM

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size Contra Costa Water District
Bollman Water Treatment Plant 2015 Bates Ave Concord approx 40x per year between 7:00 am to 2:00 pm
4,500 ‐ 5,000 gallons
Brentwood Water Treatment Plant 3760 Neroly Rd Oakley approx 20x per year 4,500 ‐ 5,000 gallons Pinehollow Pump Station Grasswood Ct Concord 1x per year 2 x 550 gallon tanks Randall‐Bold Water Treatment
Plant
3760 Neroly Rd Oakley approx 2x during plant
shutdowns Nov‐Apr
330 gallons
Willow Pass Pump Station 1920 Clayton Way Concord Approx 2 times during plant shutdown Nov‐Apr
330 gallons
Delta Diablo Sanitation District
Delta Diablo 2500 Pittsburg‐
Antioch Hwy
Antioch 2 times per week 4,500 gallons
Diablo Water District
Blending Facility 2201 Laurel Road Oakley Every 2.5 months 1,500 gallons Chem Feed 3051 Ranch Rd Bethel Island Every 2 months 4 drums Glen Park Well 401 Hill Ave Oakley Every 2 months 4 drums South Park Well 4295 Summer Lakes
Drive
Oakley Every 2 months 2 drums
Ironhouse Sanitary District
450 Walnut
Meadows Dr
Oakley Once per quarter 2,000 gallons
Pleasant Hill Recreation & Park District
Pleasant Hill Aquatic Park 147 Gregory Lane Pleasant Hill May‐Sept: once/month Oct‐April: once every 3
months
650 gallons
Rodeo Sanitary District
Rodeo Sanitary District 800 San Pablo
Avenue
Rodeo 2x month, rarely 3x a month
depending on rain/flows,
and/or projects.
2,150 gallons
Town of Discovery Bay CSD
Town of Discovery Bay ‐ Newport
WTP
1800 Newport Drive Discovery Bay 1 x per week winter, 2 x per week summer
500 gal winter, 800‐900
gal summer
Town of Discovery Bay ‐Willow
WTP
1800 Willow Lake
Road
Discovery Bay 1x per week winter, 2x per
week summer
500 gal winter, 800‐900
gal summer
West County Wastewater District
Water County Wastewater District 2377 Garden Tract
Road
Richmond 1x week (52 weeks)
(could order more due to
rain)
5,000 gallons
32 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 363

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 13‐2024

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size

PENINSULA
City of South San Francisco
South San Francisco ‐ San Bruno
Water Quality Control Plant
195 Belle Aire Road South San
Francisco
One Load Every 2 Weeks 4,800 gallons
City of Daly City/North San Mateo County Sanitation District Daly City
Wastewater Plant
153 Lake Merced
Blvd
Daly City Every 7‐14 days 4,000‐4,500 gallons
City of Millbrae
Water Pollution Control Plant 400 E. Millbrae Ave Millbrae 1 every 3‐4 weeks 4,800 gallons City of San Mateo
City of San Mateo WQCP 2050 Detroit Drive San Mateo, CA every 3‐4 weeks Full load Sewer Authority Mid‐Coastside
1000 N. Cabrillo Hwy Half Moon Bay Monthly 5,000 gallons / month Montara Pump Station 16th St and Cabrillo
Hwy
Montara Monthly 2,500 gallons / month
Princeton Pump Station West Point at
Stanford Ave
Half Moon Bay Monthly 2,500 gallons / month

SACRAMENTO
Carmichael Water District
Bajamont Water Treatment Plant 3501 Bajamont Way Carmichael 9 per year Full load, approx 5,000 gallons
33 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 364

BAY AREA CHEMICAL CONSORTIUM

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size City of Roseville
Parks and Recs ‐ Johnson Pool 100 D Street Roseville 95661 Jan ‐ Mar 1 time during 3 months; Apr ‐ May 1 time
per month; Jun ‐ Sep 1 time
per week; Oct ‐ Dec 1 time
per month.
400 ‐ 1,200 gallons
Parks and Recs ‐ Mike Shellito Pool 10210 Fairway Dr Roseville 95678 Jan ‐ Mar 1 time per month Apr ‐ May  2 times per
month;
Jun ‐ Sep  2 times per
month;
Oct ‐ Dec 1 time per month;
400 ‐500 gallons
Parks and Recs ‐ Roseville Aquatic
Complex
3051 Woodcreek
Oaks Blvd
Roseville 95747 Jan ‐ Mar.  1 time per month
Apr ‐May. 1 time per week
Jun ‐ Sep. 1 time per week
Oct ‐ Dec 1 time per month
800‐1,500 gallons
Pleasant Grove Wastewater
Treatment Plant
5150 Westpark Dr Roseville 95747 1 every 2 weeks
Deliveries typically only
April ‐ October
Approx 5,000 gallons
Roseville Energy Park 5120 Phillip Rd Roseville 95747 10 per year 2500 gallons Roseville Water Treatment Plant 9595 Barton Rd Granite Bay 95746
40x per year (2 per wk in
summer, 1‐2 per month in
winter)
5,000 gallons
Well 12 1745 Blue Oaks Blvd Roseville 95747 Bi‐Annually 250 gallons Well 18 4030 Solarie Drive Roseville 95747 Bi‐Annually 250 gallons Well 7 8301 Woodcreek
Oaks Blvd
Roseville 95747 Bi‐Annually 250 gallons
Well 8 2100 Hayden
Parkway
Roseville 95747 Bi‐Annually 250 gallons
Well 9 2275 Westbrook
Boulevard
Roseville 95747 Bi‐Annually 250 gallons
Westside Tank 4501 Westpark Drive Roseville 95747 Bi‐Weekly 400 gallons City of Sacramento
Combined Wastewater Treatment
Plant
1391 35th Avenue Sacramento Rain dependent ‐ can be
multiple orders each week
4,800 gallons
Pioneer Reservoir 2100 Front Street
(cross street is V
Street)
Sacramento Rain dependent ‐ can be
multiple orders each week
4,800 gallons
34 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 365

BAY AREA CHEMICAL CONSORTIUM

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size City of Yuba City
Gauche Park City Swimming Pool 421 C Street Yuba City Weekly during summer; biweekly in winter
200‐250 gals in
summer; 125‐200 gals
in winter
El Dorado Irrigation District
Deer Creek Wastewater
Treatment Plant
1565 Deer Creek Rd Cameron Park,
CA 95682
Quarterly 5,000 gallons
EID Reservoir 1 Water 5575 Gilmore Rd Pollock Pines,
CA 95726
Quarterly 5,000 gallons
EID Reservoir A Water 5560 Sly Park Rd Pollock Pines,
CA 95726
Monthly 5,000 gallons
El Dorado Hills Wastewater
Treatment Plant
4625 Latrobe Rd El Dorado Hills,
CA 95762
Bimonthly 5,000 gallons
El Dorado Hills Water Plant 1835 Francisco Dr El Dorado Hills, CA 95762
Monthly 5,000 gallons
Nevada Irrigation District
E. George Treatment Plant 11258 Banner Lava
Cap Rd
Nevada City 5 loads per year 12.5% 5,000 gallons
Lake of the Pines (LOP) Treatment
Plant
12812 Torrey Pines
Dr
Auburn 4 loads per year 5.25%, 1
load per year 12.5%
5,000 gallons 5.25% and
5,000 gallons of 12.5%
Lake Wildwood Water Treatment
Plant
14149 Beitler Road Penn Valley 4 loads per year 5.25%, 1 load per year 12.5%. Driver
must contact plant for
escort.
5,000 gallons 5.25% and
5,000 gallons of 12.5%
Loma Rica Water Treatment Plant 13733 Loma Rica Dr Grass Valley 5 loads per year 5.25%, 1 load per year 12.5%. Driver
must contact plant for
escort.
5,000 gallons 5.25% and
5,000 gallons of 12.5%
North Auburn Treatment Plant 12278 Locksley Lane Auburn 6 loads per year 5.25%, 1 load per year 12.5%
5,000 gallons 5.25% and
5,000 gallons of 12.5%
35 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 366

BAY AREA CHEMICAL CONSORTIUM

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size Sacramento County Water Agency
Big Horn Water Treatment Plant 8280 Civic Center Dr Elk Grove Average is once per month 3,000 gallons Dwight Road Water Treatment
Plant
3500 Dwight Rd Elk Grove Average is once per month 1,2000 gallons East Elk Grove Water Treatment
Plant
9960 Waterman Rd Elk Grove Average is once per month 3,000 gallons Lakeside Water Treatment Plant 2280 Maritime Dr El kGrove Average is once per month 3,000 gallons Poppy Ridge Water Treatment
Plant
7510 Poppy Ridge Elk Grove Average is once per month 3,000 gallons Vineyard Surface Water
Treatment Plant
10151 Florin Road Sacramento Once or twice a week. Full Tanker Delivery.

SOUTH BAY
City of Morgan Hill
Boys Ranch #2 Well 1000 Burnett Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Boys Ranch #3 Well 1002 Burnett Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Butterfield Well 17935 Calle
Hermosa
Morgan Hill 1‐2x per month 100 ‐ 300 gallons
Diana #1 Well 200 Diana Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Diana #2 Well 1420 Diana Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Diana #3 Well 1000 Diana Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Diana #4 Well 505 Diana Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Dunne #1 & 2 Wells 100 E. Dunne Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Jackson Well 2150 E. Dunne Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Main #1 and #2 Well 470 E. Main Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Main #3 Well 615 E. Main Ave Morgan Hill 1‐2x per month 100‐300 gallons Nordstrom Well 17002 Murphy Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons San Pedro Well 1240 San Pedro Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons City of Santa Clara
DVR Power Plant 850 Duane Ave Santa Clara, CA
95054
Every 6‐8 days 500‐800 gallons
City of Sunnyvale
City of Sunnyvale Wastewater
Treatment Plant
1444 Borregas
Avenue
Sunnyvale 2‐3 times per month 5,000 gallons
City of Watsonville
Watsonville WWTF 500 Clearwater Lane Watsonville 1x per month Full truck load 36 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 367

BAY AREA CHEMICAL CONSORTIUM

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size San Jose ‐ Santa Clara Regional Wastewater Facility
San Jose Regional Wastewater
Facility
700 Los Esteros Rd San Jose 4 loads per week 5,000 gallons (full tanker)

TRI VALLEY
City of Livermore
101 West Jack
London Blvd
Livermore Weekly 5,000 gallons
Dublin San Ramon Services District
FOD Reservoir 1A 8218 Rhoda Ave Dublin 14x per year 360 gallons (split between 3 sites ‐ 120
gals each)
FOD Reservoir 3B 7541 Brigadoon Way Dublin 14x per year 360 gallons (split between 3 sites ‐ 120
gals each)
Regional Wastewater Treatment
Facility
7399 Johnson Drive Pleasanton 70x per year (about 6x per month)
4,400 gallons
Water Recycling Plant (DERWA) 7399 Johnson Drive Pleasanton 8x per year during summer 4,400 gallons Zone 7 Water Agency
Del Valle Water Treatment Plant 901 East Vineyard
Ave
Livermore 4 per month 4,800 gallons
MGDP (M4) 5215 Stoneridge Dr Pleasanton 1 per month 2,500 gallons Patterson Pass Water Treatment
Plant
8750 Patterson Pass
Road
Livermore 2 per month 4,800 gallons
37 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 368
SECTION III – 3

BAY AREA CHEMICAL CONSORTIUM

PARTICIPATING MEMBER AGENCY CONTACT LIST
FOR BID NO. 13-2024

SODIUM HYPOCHLORITE
38 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 369

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2024

SODIUM HYPOCHLORITE

PARTICIPATING MEMBER AGENCY CONTACT LIST
Central Valley

CITY OF MERCED
Wastewater Treatment Facility 10260 Gove Road Merced, CA 95340 Charles Slagter [email protected]

CITY OF STOCKTON
Municipal Utilities Department 2500 Navy Drive Stockton, CA 95206 Kathryn Garcia Program Manager III ‐ Wastewater [email protected] 209‐937‐8232

CITY OF TURLOCK
156 S Broadway, #270   Turlock, CA  95380
David Huff     [email protected]
Carlos Guerrero    Utilities Manager [email protected] Nicole Mann     [email protected]
Raquel Brasil     [email protected]

OAKWOOD LAKE WATER DISTRICT
PO Box 77980 Stockton, CA 95267
Casey Wichert Operations Department [email protected] 209‐483‐5525 Bert Michalczyk Consultant [email protected] 209‐239‐2481 Lynne Wichert Billing Department [email protected] 209‐239‐2481

STANISLAUS REGIONAL WATER AUTHORITY
1235 Aldrich Rd.   Hughson, CA   95326
Janice Virgo    SRWA Staff Services Assistant [email protected] (209)542‐4948 Salena Estrada     [email protected]
Michael Powell     [email protected]
39 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 370

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2024

SODIUM HYPOCHLORITE

PARTICIPATING MEMBER AGENCY CONTACT LIST
East Bay

ALAMEDA COUNTY WATER DISTRICT
43885 South Grimmer Blvd Fremont, CA 94538
Mike Wickham Water Production Manager [email protected] 510‐552‐1459 Cris Pena Engineering Supervisor [email protected] 510‐668‐6516 Renee Gonzalez Buyer [email protected] 510‐668‐4294 Thomas Spankowski Environmental Compliance Engineer [email protected] 510‐668‐6533

CITY OF HAYWARD
Water Pollution Control Facility 3700 Enterprise Avenue Hayward, CA 94545 Diane Vargas WPCF Secretary diane.vargas@hayward‐ca.gov David Donovan WPCF Manager david.donovan@hayward‐ca.gov 510‐293‐5099 Alex Ameri Public Works Director alex.ameri@hayward‐ca.gov Rita Perez Purchasing and Accounts Payable ‐ Acting rita.perez@hayward‐ca.gov 510‐583‐4802 Manager
Mark Orlandi Operations Supervisor mark.orlandi@hayward‐ca.gov 510‐293‐5212

CITY OF SAN LEANDRO
Water Pollution Control Plant 3000 Davis Street San Leandro, CA 94577 Sally Perez Purchasing Technician [email protected] 510‐577‐3472 Hayes Morehouse Water Pollution Control Manager [email protected] 510‐577‐3437 Ramya Sankar Management Analyst [email protected] 510‐577‐3337

ORO LOMA SANITARY DISTRICT
2655 Grant Avenue   San Lorenzo, CA  94580‐1838
Jimmy Dang    GM [email protected]
Gene Palop    Operations Manager [email protected]

UNION SANITARY DISTRICT
5072 Benson Road Union City, CA 94587‐2508
Skip Calvo Purchasing Agent [email protected] 510‐477‐7526 Armando Lopez Treatment and Disposal Services Manager [email protected] 510‐477‐7517 40 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 371

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2024

SODIUM HYPOCHLORITE

PARTICIPATING MEMBER AGENCY CONTACT LIST
Marin Sonoma Napa

CENTRAL MARIN SANITATION AGENCY
1301 Andersen Drive   San Rafael, CA  94901
Peter Kistenmacher    Technical Services Manager [email protected] (415) 459‐1455 Jason Dow     [email protected] (415) 459‐1455
Jacky Wong     [email protected] (415) 459‐1455
CITY OF MILL VALLEY ‐ SEWERAGE AGENCY OF SOUTHERN MARIN 26 Corte Madera Avenue   Mill Valley, CA  94941
Brian Exberger    Chief Treatment Plant Operator [email protected] (415) 384‐4840 Mark Grushayev    WWT Manager [email protected] 415‐388‐2402

COUNTY OF SONOMA
2300 County Center Dr., Suite A208 Santa Rosa, CA 95403 Garrett Heinz Buyer Garrett.Heinz@sonoma‐county.org 707 565‐1787 Brenda Haas General Services ‐ Purchasing Division brenda.haas@sonoma‐county.org 707‐565‐1791

LAS GALLINAS VALLEY SANITARY DISTRICT
300 Smith Ranch Road San Rafael, CA 94603
Don Moore Plant Operations Supervisor [email protected] 415‐472‐1734 Mel Liebmann Plant Manager [email protected] 915‐472‐1734

MARIN MUNICIPAL WATER DISTRICT
220 Nellen Avenue   Corte Madera, CA  94925
Jim Kenney    Superintendent of Operations, Water [email protected] 415‐945‐1501 Treatment
Lucy Croy    Water Quality Manager [email protected] 415‐945 1590 Danelle Graham    Senior Buyer [email protected] 415‐945‐1402

NAPA SANITATION DISTRICT
1515 Soscol Ferry Road Napa, CA 94558
Christopher Mosier Operator III [email protected] 707‐ 312‐1899 Cristopher Henriquez Operator II [email protected] 707‐312‐1595 Gabe Snook Operations Supervisor [email protected] 707‐312‐1733 Timothy Healy General Manager/District Engineer [email protected] 707‐258‐6000 41 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 372

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2024

SODIUM HYPOCHLORITE

PARTICIPATING MEMBER AGENCY CONTACT LIST

NORTH MARIN WATER DISTRICT
999 Rush Creek Place   Novato, CA  94945
Robert Clark    Operations/Maintenance Superintendent [email protected] 415‐761‐8931 Brad Stompe    Operations Supervisor [email protected]
SANITARY DISTRICT NO. 5 OF MARIN COUNTY
2001 Paradise Drive   Tiburon, CA  94920
Tony Rubio    District Manager [email protected] 415‐435‐1501

SAUSALITO MARIN CITY SANITARY DISTRICT
1 East Road   Sausalito, CA  94965
Kevin Beneda     [email protected]
Vince Pasquini     [email protected]
Jeffery Kingston     [email protected]
Cathy Bondanza     [email protected]
North Bay

CENTRAL CONTRA COSTA SANITARY DISTRICT
5019 Imhoff Place Martinez, CA 94553‐4392
Amy Compaglia Senior Buyer [email protected] 925‐229‐7306 Kevin Mizuno Finance Manager [email protected] 925‐229‐7119 Alan Weer Plant Operations Division Manager [email protected] 925‐335‐7731 Stephanie King Contracts & Procurement Administrator [email protected] 925‐229‐7307

CITY OF ANTIOCH
Water Treatment Plant P.O. Box 5007 Antioch, CA 94531‐5007 Benjamin Woodland Water Treatment Plant Supervisor [email protected] (925) 779‐7029 Marcus Woodland [email protected]
Chris Molina [email protected]

CITY OF BRENTWOOD
2251 Elkins Way Brentwood, CA 94513
Ryan LaMunyon Wastewater Treatment Plant Supervisor [email protected] 925.516.6060 Philip McKinney Wastewater Operations Manager [email protected] 925.516.6030 42 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 373

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2024

SODIUM HYPOCHLORITE

PARTICIPATING MEMBER AGENCY CONTACT LIST

CITY OF MARTINEZ
525 Henrietta Street Martinez, CA 94553
Hiren Patel Water Operations Supervisor [email protected] 925‐372‐3588 George Pavlov Water Superintendent [email protected] 925‐372‐3587

CITY OF PINOLE (PINOLE/HERCULES WPCP)
11 Tennet Avenue   Pinole, CA  94564
[email protected] (510) 724 ‐
8964
Josh Binder    Plant Manager
Mike Howe    Operations Supervisor [email protected] (510) 724‐9013

CONTRA COSTA WATER DISTRICT
1331 Concord Ave   Concord, CA  94520‐4907
Kim Waddy    Buyer [email protected] 925‐688‐8012
Nicole Quesada    Administrative Analyst [email protected] 925‐625‐6602 John Parsons    Water Operations Superintendent [email protected] 925‐625‐6603 Brian Jackson    Purchasing Officer [email protected] 925‐688‐8011

DELTA DIABLO SANITATION DISTRICT
2500 Pittsburg‐Antioch Hwy. Antioch, CA 94509‐1373
Anika Lyons Finance Manager [email protected] 925‐756‐1924 Judy Pham Purchasing Supervisor [email protected] 925‐756‐1968

DIABLO WATER DISTRICT
87 Carol Lane Oakley, CA 94561‐0127
Nacho Mendoza Manager of Water Operations [email protected] 925‐625‐2112

IRONHOUSE SANITARY DISTRICT
450 Walnut Meadows Drive Oakley, CA 94561
Thomas Hejza Plant Supervisor [email protected] 925‐809‐3033 Chris Christean Plant Manager [email protected] 925‐809‐3033 Amie Duran Administrative Technician [email protected] 925‐625‐2279 43 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 374

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2024

SODIUM HYPOCHLORITE

PARTICIPATING MEMBER AGENCY CONTACT LIST

PLEASANT HILL RECREATION & PARK DISTRICT
147 Gregory Lane Pleasant Hill, CA 94523
Korey Riley Aquatics Program Manager [email protected] 925‐682‐0896

RODEO SANITARY DISTRICT
800 San Pablo Avenue   Rodeo, CA  94572
[email protected] 510‐799‐2970
x100
Steven S. Beall    District Manager
Jeff Greer     [email protected]
Jim Petalio    Grade IV Operator [email protected] 510‐799‐2970 Nancy Lefebvre     [email protected]

TOWN OF DISCOVERY BAY CSD
1800 Willow Lake Road   Discovery Bay, CA  94505‐9376
Aaron Goldsworthy    Water and Wastewater Manager [email protected] Anthony Harper    Project Manager [email protected] Dina Breitstein     [email protected]
Jeffery Dobretz     [email protected]

WEST COUNTY WASTEWATER DISTRICT
2910 Hilltop Drive   Richmond, CA  94806
Aaron Winer    Director of Water Quality & [email protected] Resource Recovery
Joseph Majarucon    Operations Manager [email protected] Peninsula
CITY OF  SOUTH SAN FRANCISCO
San Bruno Water Quality Control Plant  195 Belle Air Road   South San Francisco, CA  94080 Nicholas Talbot    Assistant Plant Superintendent [email protected] 650‐877‐8555

CITY OF DALY CITY/NORTH SAN MATEO COUNTY SANITATION DISTRICT 153 Lake Merced Blvd Daly City, CA 94015

Brandon Wardle Senior Operator [email protected] 650‐991‐8200 Gregory Krauss [email protected]
44 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 375

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2024

SODIUM HYPOCHLORITE

PARTICIPATING MEMBER AGENCY CONTACT LIST

CITY OF MILLBRAE
Water Pollution Control Plant 400 E Millbrae Ave Millbrae, CA 94030 Harry Kwong Chief Operator [email protected] 650‐346‐7658 Craig Centis Deputy Director of Public Works [email protected] 650‐259‐2376

CITY OF SAN MATEO
City of San Mateo WWTP  2050 Detroit Drive   San Mateo, CA  94404 Xiongbing Liang    Laboratory Supervisor [email protected] 650‐522‐7380 Michael Sutter     [email protected]
Rob Learmonth    Planet Manager [email protected] Alonso Barahona    Management Analyst II [email protected] 650‐522‐7334 SEWER AUTHORITY MID‐COASTSIDE
1000 N. Cabrillo Highway   Half Moon Bay, CA  94019
George Evans    Finance Officer [email protected] 650‐726‐0124 Kishen Prathivadi    General Manager [email protected] 650‐726‐0124 Sacramento

CARMICHAEL WATER DISTRICT
7837 Fair Oaks Blvd. Carmichael, CA 95608
David Biagi [email protected] 916‐679‐0457

CITY OF ROSEVILLE
311 Vernon Street Roseville, CA 95678
Becky Philipp Buyer II [email protected] 916‐746‐1110 Shannon Wiest [email protected] 916‐746‐1112

CITY OF SACRAMENTO
Department of Utilities 5730 24th Street, Bldg 22 Sacramento, CA 95822 David Herrmann Division Manager, Water Division [email protected] 916‐808‐5652 Dalton Le Administrative Analyst [email protected] 916‐808‐6008 Andrew Costan Program Specialist [email protected] 916‐808‐6339 45 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 376

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2024

SODIUM HYPOCHLORITE

PARTICIPATING MEMBER AGENCY CONTACT LIST

CITY OF YUBA CITY
Public Works Department  701 Northgate Drive   Yuba City, CA  95991 Kevin Rivera    Accountant 1 [email protected] 530‐822‐4645 [email protected] 530‐822‐4636
x3401
Lance Andes    Water Treatment Chief Plant Operator
Amarjit Kaur    Administrative Analyst II (Finance Dept) [email protected] 530‐822‐4659 [email protected] 530‐822‐3264
x 3303
David Newgard    Wastewater Treatment Facility Chief Plant Operator
[email protected] 530‐822‐3264
x3301
Scarlett Harris    Administrative Analyst II
[email protected] 530‐822‐4636
x3400
Terrance Pioro    Water Treatment Plant Supervisor
[email protected] 530‐822‐3264
x3302
Mike Finnigan    Wastewater Treatment Facility Supervisor

EL DORADO IRRIGATION DISTRICT
2890 Mosquito Road Placerville, CA 95667
Ryan Deakyne Senior Buyer [email protected] 530‐642‐4405

NEVADA IRRIGATION DISTRICT
1036 W. Main Street   Grass Valley, CA  95945
Coby McCoy    Water Treatment Supervisor [email protected] 530 913‐9710 Delivery Dispatcher     530‐271‐6885
Joan Tortorici    Purchasing Supervisor [email protected] 530‐273‐6185 Shad Chittock    Water Treatment Superintendent [email protected] 530‐271‐6899

SACRAMENTO COUNTY WATER AGENCY
Vineyard Surface Water Treatment Plant 10151 Florin Road Sacramento, CA 95829 Daniel Ruiz Accounting Technician [email protected] 916 874‐1398 Shawn Barnes Water Treatment Operations Supervisor [email protected] 916‐508‐0858 Tom Pasterski Water System Superintendent [email protected] 916‐876‐6430 Aaron Robertson [email protected] 916‐875‐0746 Jeff Gross [email protected]
46 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 377

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2024

SODIUM HYPOCHLORITE

PARTICIPATING MEMBER AGENCY CONTACT LIST
South Bay

CITY OF MORGAN HILL
100 Edes Court Morgan Hill, CA 95037‐5301
Inga Alonzo Public Utilities Management Analyst [email protected] 408‐310‐4182

CITY OF SANTA CLARA
Purchasing Division  1500 Warburton Avenue   Santa Clara, CA  95050 Nick van Haeften    Division Manager [email protected] 408‐615‐2717 Alex Price    Senior Engineer [email protected] 408‐615‐6051 Minette Castro     [email protected]
Eugenia Pinheiro     [email protected]
DeAnna Hilbrants     [email protected]
Grace Dougherty     [email protected]
Michael Lee    O&M Manager [email protected] 408‐615‐6577

CITY OF SUNNYVALE
Water Pollution Control Plant 1444 Borregas Avenue Sunnyvale, CA 94088‐3707 Bryan Berdeen Operations Manager [email protected] 408‐730‐7261 Lisa Vo [email protected]

CITY OF WATSONVILLE
500 Clearwater Lane   Watsonville, CA  95076
Beau Kayser    Water Division Manager [email protected] 831‐768‐3193 Ryan Smith
[email protected]
Ryan Smith    Wastewater Division Manager 831‐768‐3175
SAN JOSE ‐ SANTA CLARA REGIONAL WASTEWATER FACILITY
700 Los Esteros Road   San Jose, CA  95134
Mark Nicholl     [email protected] 408‐635‐6635 Tim Lewis    Wastewater Facility Operations Manager [email protected] 408‐635‐2057 Satya Nand     [email protected] 408‐635‐2054
47 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 378

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2024

SODIUM HYPOCHLORITE

PARTICIPATING MEMBER AGENCY CONTACT LIST
Tri Valley

CITY OF LIVERMORE
Water Resources/Public Works Department 101 West Jack London Blvd. Livermore, CA 94551 Jimmie Truesdell WR Operations Manager [email protected] 925‐960‐8122

DUBLIN SAN RAMON SERVICES DISTRICT
Regional Wastewater Treatment Facility  7399 Johnson Drive   Pleasanton, CA  94588 Dan Pettinichio    Senior Water/Wastewater Systems [email protected] 925 404‐4524 Operator (Potable Water Distribution)
Diane Griffin    Operations Compliance Manager [email protected] 925‐875‐2324 Clint Byrum    Water/Wastewater Systems Superintendent [email protected] 925‐875‐2367 Tim Lewis    WWTP Operations Superintendent [email protected] 925‐875‐2300 ZONE 7 WATER AGENCY
100 North Canyons Parkway   Livermore, CA  94551
Zeljka Bozic    Buyer I [email protected] 925 454 5029 Karen Bartels    Buyer II [email protected] 925‐454‐5039 48 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 379

SECTION IV

BAY AREA CHEMICAL CONSORTIUM

BID CONTRACT DOCUMENTS
FOR BID NO. 13-2024

SODIUM HYPOCHLORITE
*** All of the following pages must be properly competed and submitted for the bid to be considered complete. ***
49 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 380
1692799v1

BAY AREA CHEMICAL CONSORTIUM
STANDARD AGREEMENT, PAGE 1 OF 2
BID NO. 13-2024
SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE 12.5%
I hereby agree to furnish SODIUM HYPOCHLORITE 12.5% identified in the attached bid forms, as solicited by the Bay Area Chemical Consortium (BACC), to one or more of the participating BACC Agencies.

Company: __________________________________________
Address: __________________________________________
City, State, ZIP: _________________________________________ Phone: __________________________________________
Email: __________________________________________
Authorized Representative: ________________________________ Signature: __________________________________________
Date: __________________________________________
WE ACKNOWLEDGE RECEIVING ADDENDUM/ADDENDA NUMBER ______ THROUGH ______.

SPECIFIC DEVIATIONS:

This box must be checked if bidder has any proposed specific deviations. Per Section 2.12 Proposed Deviations from the Specifications by the Bidder, the absence of a proposed changed in the specifications will hold the bidder strictly accountable to the specifications as described in the bid document, including any addendum.

Describe the specific deviations below. A copy of the proposed specifications must be attached to this Standard Agreement at the time of submission, with bidder’s name clearly shown on each document. 50 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 381
1692799v1
STANDARD AGREEMENT, PAGE 2 OF 2

BIDDER INFORMATION

1. Legal Name of Bidder:
______________________________________________________________________________

2. Bidder’s Street Address:
______________________________________________________________________________

3. Mailing Address:
______________________________________________________________________________

4. Business Telephone: _______________ Fax Number: ________________

5. Type of Supplier:
□ Sole Proprietor □ Partnership □ Corporation □ LLC
If Corporation, indicate State where incorporated: ____________________

6. Business License Number issued by the City where the Supplier’s principal place of business is located.

Number: ____________________ Issuing City: _____________________

7. Supplier Federal Tax Identification Number: ____________________________

8. Emergency Contact: Name: ____________________________________ Phone Number: ______________________________

9. Order Contact: Name: _______________________________________ Address: _______________________________________
Phone Number: ___________ Fax Number: ____________
Email: __________________________________________

10. References:

Company/Agency Name Contact Name Phone Number
1)_________________________ ___________________ _____________ 2) _________________________ ___________________ _____________ 3) _________________________ ___________________ ______________

11. Chemical Manufacturer’s name and address (if different from Bidder):
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 51 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 382
1692799v1
Non-Collusion Affidavit
To Be Executed By Bidder and Submitted With Bid
State of California )
) ss.

County of )
__________________________________, being first duly sworn, deposes and says that he or she is the (Bidder’s Authorized Representative)
___________________________ of ______________________________________ the party making the (Title of Representative) (Legal Name of Bidder)
foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bid, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.
_________________________________
Signature of: President, Secretary,
Manager, Owner, or Representative
Subscribed and sworn to before me this, day of , 20

Signature of Notary Public In and For
The County of ________________________,
State of _____________________________
All Signatures Must Be Witnessed By Notary
52 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 383
1692799v1

BAY AREA CHEMICAL CONSORTIUM
BID FORM FOR BID NO. 13-2024
FOR SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE 12.5%
Sealed bids must be submitted in a PDF format and
bidders must enter bid prices into the electronic
bid platform (Line Item page)
https://bacwa.org/about-bacc/
No later than 4:00 PM. PT
Thursday, February 22, 2024
Legal Name of Bidder:
_____________________________________
Business Address
_____________________________________
_____________________________________
_____________________________________
Telephone Number: ____________________
Facsimile Number: _____________________
Email Address: _________________________
Authorized Representative (Please Print):
_____________________________________
Signature:_____________________________
Date: ________________________________
I. All costs except California State sales tax for the purchase of SODIUM HYPOCHLORITE 12.5% must be included in the amount shown entered into the electronic bid platform (Line Item page), including any and all mill assessments, fees, excise taxes, transportation charges, etc.

Any exceptions to the bid must be noted under Specific Deviations on the Standard Agreement.

Bidders shall submit bids per unit of measure as specified in the electronic bid platform (Line Item page).

II. Bidders must submit all of the following, attached to this Bid Form:
a. All requirements listed in Section 2.21 Manufacturer’s Info. b. If applicable, the name, address, and contact information for the third party hauling company as well as an affidavit signed by the Bidder that the third party hauler can and will deliver the chemical to each and every participating BACC Agency.

III. Bidder Obligations
By signing this Bid Form and entering into individual purchase orders, purchase agreements and /or contracts with BACC agencies, the bidder expressly agrees to be bound by all the provisions of the bid solicitation, including Sections I-IV.
53 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 384
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 13‐2024

SODIUM HYPOCHLORITE
Worksheet

BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
Sodium Hypochlorite 12.5%
Central Valley gal $
City of Merced
City of Stockton
City of Turlock
Oakwood Lake Water District
Stanislaus Regional Water Authority
East Bay gal $
Alameda County Water District
City of Hayward
City of San Leandro
Oro Loma Sanitary District
Union Sanitary District
Marin Sonoma Napa gal $
Central Marin Sanitation Agency
City of Mill Valley ‐ Sewerage Agency of Southern Marin County of Sonoma
Las Gallinas Valley Sanitary District
Marin Municipal Water District
Napa Sanitation District
North Marin Water District
Sanitary District No. 5 of Marin County
Sausalito Marin City Sanitary District

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
54 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 385
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 13‐2024

SODIUM HYPOCHLORITE
Worksheet

BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
North Bay gal $
Central Contra Costa Sanitary District
City of Antioch
City of Brentwood
City of Martinez
City of Pinole (Pinole/Hercules WPCP)
Contra Costa Water District
Delta Diablo Sanitation District
Diablo Water District
Ironhouse Sanitary District
Pleasant Hill Recreation & Park District
Rodeo Sanitary District
Town of Discovery Bay CSD
West County Wastewater District
Peninsula gal $
City of South San Francisco
City of Daly City/North San Mateo County Sanitation District City of Millbrae
City of San Mateo
Sewer Authority Mid‐Coastside
Sacramento gal $
Carmichael Water District
City of Roseville
City of Sacramento
City of Yuba City
El Dorado Irrigation District
Nevada Irrigation District
Sacramento County Water Agency
South Bay gal $
City of Morgan Hill
City of Santa Clara
City of Sunnyvale
City of Watsonville
San Jose ‐ Santa Clara Regional Wastewater Facility

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
55 Contract with Univar Solutions for Sodium Hypochlorite

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EXHIBIT 4 386
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 13‐2024

SODIUM HYPOCHLORITE
Worksheet

BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
Tri Valley gal $
City of Livermore
Dublin San Ramon Services District
Zone 7 Water Agency
Sodium Hypochlorite  12.5% in 275 gal totes (OPTIONAL BID ITEM) Central Valley gal $
City of Stockton
North Bay gal $
Contra Costa Water District
Sodium Hypochlorite  12.5% in Carboys (OPTIONAL BID ITEM) Marin Sonoma Napa gal $
County of Sonoma
Sodium Hypochlorite  5.25% (OPTIONAL BID ITEM)
Sacramento gal $
Nevada Irrigation District

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
56 Contract with Univar Solutions for Sodium Hypochlorite

Page 91 of 91 ends

EXHIBIT 4 387
City of Stockton
Legislation Text
File #: 24-0488, Version: 1

ADOPT A RESOLUTION TO APPROVE FINDINGS AND DECLARE A WATER SHORTAGE

DROUGHT EMERGENCY NO LONGER EXISTS IN THE CITY OF STOCKTON WATER SERVICE AREA

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

1. Approve findings pursuant to Stockton Municipal Code section 13.32.

2. Declare that a Stage 2 Water Shortage Emergency no longer exists in the City of Stockton Water Service Area.

Summary
Over the past several years, the State of California has experienced severe multi-year droughts that have impacted water supplies for municipal, agricultural, and environmental use. To help apply increased water conservation measures throughout the State, on March 28, 2022, the Governor issued Executive Order N-7-22 mandating a 20 percent reduction in overall water usage for all water suppliers, statewide. On July 12, 2022, the City Council approved Resolution 2022-07-12-1503 declaring a Stage 2 Water Shortage Emergency, which enacted water conservation measures including a 20 percent reduction in municipal water use required under the Governor’s Executive Order.

Following record rain and snowfall throughout the State in 2022-2023, the Governor issued Executive Order N-5-23 terminating the March 28, 2022 Drought State of Emergency for all counties throughout the State. This past winter season has produced additional snowpack and water supplies to the State’s reservoirs providing additional confidence that drought conditions have been abated and a shortage emergency no longer exists.

It is recommended that the City Council approve findings and adopt a resolution declaring a Stage 2 Water Shortage emergency no longer exists and encourage customers of the City’s water system to continue to use water wisely and to take measurable actions that “Make Conservation a California Way of Life”.

DISCUSSION
Background
The City of Stockton’s surface water supplies originate from various sources including the Delta and eastside foothill reservoirs. The City purchases treated surface water from the Stockton East Water City of Stockton Page 1 of 2 Printed on 5/16/2024
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File #: 24-0488, Version: 1
District and treats surface water from the Delta under the City’s water right permit and Mokelumne River through a water purchase contract with the Woodbridge Irrigation District. Groundwater from approximately 20 wells supplements City surface water supplies in times of high demand and drought. Since the early 2000s, in conjunction with the development of the drought-resistant Delta supply, the City made a conscious effort to promote urban water conservation and groundwater sustainability. As experienced during the recent droughts, water deliveries from contracted supply sources were curtailed, but water supplies from the Delta and groundwater remain reliable and sustainable for the future under the City’s conjunctive use efforts.

On March 28, 2022, the Governor of California declared and proclaimed a State of Emergency existed due to severe drought conditions (Proclamation N-7-22, Attachment A). To comply with the Proclamation, on July 12, 2022, the City Council declared, by Resolution 2022-07-12-1503, a Stage 2 Water Shortage Emergency and 20 percent reduction in water use in comparison with 2020.

Significant rainfall and snowpack in the winter season of 2022-2023 has brought the State of California out of a severe multi-year drought. As a result, on March 24, 2023, the Governor issued Executive Order N-5-23 (Attachment B) terminating the Drought State of Emergency in all counties.

In addition, the winter season of 2023-2024 has also provided significant rain and snowfall to further improve water supplies in the State.

Present Situation
Adequate water supplies are available for the City, which provides for a reduction in mandated water conservation measures. The State Water Board will continue to review water conservation savings from water suppliers throughout the state, and depending on the results, may impose additional restrictions in the future.

Findings
Pursuant to SMC section 13.32, the City Council approves the following findings which support a declaration that a Stage 2 Water Shortage Emergency no longer exists:

1. On July 12, 2022, the City of Stockton the City Council declared a Stage 2 Water Shortage Emergency and 20 percent reduction in water use.

2. On March 24, 2023, Governor Newsom issued Executive Order N-5-23 terminating the March 28, 2022 Stage 2 Drought State of Emergency for all counties.

3. Adequate water supplies are available for the City of Stockton, which provides for a reduction in mandated water conservation measures.

FINANCIAL SUMMARY
There is no impact to the General Fund, or any other unrestricted fund, from this action.

Attachment A - Governor’s Executive Order N-7-22
Attachment B - Governor’s Executive Order N-5-23
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EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
ATTACHMENT A 390
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water ATTACHMENT A 391
supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time ATTACHMENT A 392
protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability ATTACHMENT A 393
Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable ATTACHMENT A 394
Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
ATTACHMENT A 395

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and
ATTACHMENT B 396
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.

2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.

3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.

4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.

ATTACHMENT B 397

5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.

6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3

7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.

8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.

9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:

To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

ATTACHMENT B 398

GAVIN NEWSOM
G overnor of California
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.

ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
overnor of California
ATTACHMENT B 399
Resolution No.

STOCKTON CITY COUNCIL

ADOPT A RESOLUTION TO APPROVE FINDINGS AND DECLARE A STAGE 2 WATER SHORTAGE EMERGENCY NO LONGER EXISTS
The City of Stockton’s surface water supplies originate from various sources, including the Delta and eastside foothill reservoirs. The City purchases treated surface water from the Stockton East Water District and treats surface water from the Delta under the City’s water right permit and Mokelumne River through a water purchase contract with the Woodbridge Irrigation District; and
On March 28, 2022, Governor Newsom issued Executive Order N-7-22 due to severe drought impacts mandating a 20 percent reduction in overall water usage compared to 2020 levels for all water suppliers; and
On July 12, 2022, the City Council adopted an ordinance amending Stockton Municipal Code (SMC) Title 13, Chapter 13.28 and 13.32 updating the stages of water shortage emergencies, and strategies for drought conditions, and declaring a Stage 2 Water Shortage Emergency; and
Significant rainfall and snowpack in the winter season of 2022-2023 has brought the State of California out of a severe multi-year drought; and As a result, on March 24, 2023, the Governor issued Executive Order N-5-23 terminating the Drought State of Emergency in all counties; and Stockton Municipal Code section 13.32 provides for the City Council to declare that a water shortage emergency no longer exists pursuant to findings; now, therefore,

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

1. Pursuant to SMC section 13.32, the City Council approves the following findings, which support a declaration that a Stage 2 Water Shortage Emergency no longer exists:
a. On July 12, 2022, the City of Stockton the City Council declared a Stage 2 Water Shortage Emergency and 20 percent reduction in water use.

b. On March 24, 2023, Governor Newsom issued Executive Order N-5-23 terminating the March 28, 2022 Stage 2 Drought State of Emergency for all counties.
400
c. Adequate water supplies are available for the City of Stockton, which provides for a reduction in mandated water conservation measures.

2. Based on the above findings and pursuant to SMC section 13.32, the City Council hereby declares that a Stage 2 Water Shortage Emergency no longer exists.

3. The City Council also encourages customers of the City’s water system to use water wisely and to take measurable actions that “Make Conservation a California Way of Life”.

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

PASSED, APPROVED, and ADOPTED May 21, 2024 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
401
City of Stockton
Legislation Text
File #: 24-0397, Version: 1
APPROVE MOTION TO EXECUTE A THREE (3) YEAR STANDARD AGREEMENT WITH TWO (2) ONE-YEAR OPTIONS TO EXTEND BETWEEN CREATIVE SECURITY COMPANY, INC., THE GUMSHOE GROUP, TRUVIEW BSI, LLC., PIERSIDE INVESTIGATIONS, LLC., AND THE CITY OF STOCKTON (PUR 24-021) IN AN AMOUNT NOT TO EXCEED $1,863,891

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

1. Authorize the City Manager to execute a three-year Standard Agreement (SA) with four contractors to establish a vendor pool list providing necessary preemployment background investigation services for the City of Stockton Police Department (SPD) in an amount not to exceed $1,863,891;

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 and direct the City Manager to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.

Summary
SPD requires preemployment background investigations for all prospective, part-time, and full-time employees for both sworn and civilian positions. These investigations include personal interviews, education, and employment verification, review of criminal history, driving record, military service, social media, personal references, and other pertinent information useful in identifying candidates that meet City and the State of California Commission on Peace Officer Standards and Training (POST) standards, and those who do not.

On February 1, 2024, a formal Request for Statement of Qualifications (RSOQ) as a hybrid Request for Proposal (RFP) was advertised, and four firms submitted proposals. Following a thorough evaluation process, the SPD staff selection committee found Creative Security Company, Inc., The Gumshoe Group, TruView BSI, LLC., and Pierside Investigations, LLC., to be qualified and proponents.

The proposed agreement covers a three (3) year period with two (2) one (1) year options for a total contract term not to exceed five (5) years.

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DISCUSSION
Background
SPD requires preemployment background investigations for all prospective, part-time, and full-time sworn and civilian positions to ensure candidates being considered for employment have the necessary qualifications and character. Preemployment background investigations serve as a crucial verification mechanism for the information provided by candidates during the hiring process, such as their educational and employment history, criminal record, and driving history. Additionally, background investigations identify potential warning signs that may indicate a candidate is unsuitable for the job, such as a history of drug or alcohol abuse, financial irresponsibility, or violent behavior.

These investigations help ensure that the department is selecting candidates with the highest standards of integrity, honesty, and professionalism.

SPD currently performs most of the background investigations internally with part-time annuitant staff with limited hours per Fiscal Year. The City Council motioned to approve a $100,000 contract with Gumshoe to provide preemployment background and personnel investigations for SPD, Motion 2023- 05-23-1210. However, the current number of backgrounds require multiple vendors to complete in a timely matter. An average background takes roughly 150 days to complete. Following the evaluation of the RSOQ, staff have selected a pool of qualified vendors for City Council approval.

Present Situation
SPD currently conducts in-house background investigations but is seeking to supplement these services to meet rising demand. Following discussions between SPD and the Administrative Service Department, the decision was made to issue a RSOQ as a hybrid RFP and create a rotating list of Background Investigator vendors. This approach would help ease vendor capacity constraints and enable SPD to address its increasing background investigation requirements effectively. Moreover, the dependence on a single vendor has posed challenges in the past, particularly during periods of high demand for services or due to scheduling constraints such as pre-planned vacations.

On February 1, 2024, SPD advertised an RSOQ for background investigation services. On March 7, 2024, four proposals were received from the following vendors:
· Creative Security Company, Inc.
· The Gumshoe Group
· TruView BSI, LLC
· Pierside Investigations, LLC
The SPD staff selection committee evaluated and ranked all proposals based on the proponents’ qualifications, professional experience, industry expertise, and capacity to meet each department’s demands. Following an evaluation process, it was determined that all four firms possess the necessary qualifications, resources, and experience to provide preemployment backgrounds for SPD.

Staff recommends a Standard Agreement (Attachment A) with Creative Security Company, The Gumshoe Group. Inc., TruView BSI, LLC., and Pierside Investigations, LLC. Based on the proposed City of Stockton Page 2 of 3 Printed on 5/16/2024
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403
File #: 24-0397, Version: 1
fees and the anticipated number of investigations, staff estimates the cost for services to be $621,297 annually. Staff recommends a three (3) year agreement with two (2) one-year options for an amount not to exceed $1,863,891 over the term of the agreement.

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. SPD requires preemployment background investigations for all prospective, part-time, and fulltime sworn and civilian positions.

2. Use of the RSOQ process is appropriate for this SA because it relies on the evaluation of professional qualifications, experience, and performance as the basis for vendor selection.

Using these criteria helps ensure the selection of vendors that will provide the highest quality professional service, which is in the public interest.

3. The City negotiated a contract following the solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

FINANCIAL SUMMARY
The SA term is three (3) years with two (2) one-year options at a total cost of $1,863,891.

Year Annual Cost
1 FY 2024-25 $621,297
2 FY 2025-26 $621,297
3 FY 2026-27 $621,297
Total $1,863,891
Funding for the first year of service is included in the FY 2024-25 proposed budget for the Police Department General Fund Measure A account 3514-000-630006-100-115-20-35-000-000-.

Subsequent years’ expenditures will be included in each annual budget appropriation process.

Attachment A - Background Investigation Service Agreement City of Stockton Page 3 of 3 Printed on 5/16/2024
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404

CITY OF STOCKTON
STANDARD AGREEMENT I Agreement Number:

1. This Agreement is entered into between the City of Stockton ("City") and Creative Security Company, Inc., The Gumshoe Group, TruView BSI, LLC., and Pierside Investigations, LLC. (each a "Contractor" and collectively the "Contractors") to provide Background Investigation 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 A and Exhibit C section 8:

Commences on: 07/01/2024 Terminates on: 06/30/2027

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: $11,8631 891 I

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

CONTRACTOR
Authorized Signature
rinted Name and it!,e of Person Signing
150 Barack Obama Blvd. San Jose, CA 9511 O
Address

CONTRACTOR
The Gu
Auth_prr ze , a r
14}\) KM Mtvl r (?"{J UilVN{;,k(
Printed Name and Title of Person Sighing
333 Sunset Ave., Ste 130 Suisun, CA 94585
Address
1 l
ATTACHMENT A 405
( . . )

CONTRACTOR
______________________________________________________________________________________________ Contractors 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
_________________________________________________________ ________________ City Manager Date ATTEST: ____________________________________________________________________________ , City Clerk
APPROVED AS TO FORM:
, City Attorney
BY:

TruView BSI, LLC
Authorized Signature Date ______________________________________________________________________________________________ Printed Name and Title of Person Signing ________ 444 E. Huntin _______gton Dr., Suite 305 Arcadia, CA 91006 _______________________________________________________________________________ Address Pierside Investigations, LLC
4345 Palomar Dr. Fallbrook, CA 92028
Steven Peppard, Owner/Quaified Manager 5/01/2024
ATTACHMENT A 406
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK
1 Project Objectives

1.1 To provide preemployment background investigation services. 2 Project Scope

2.1 Contractors shall provide preemployment background investigations for prospective, part-time, and full-time, employees (Subject) for both sworn and civilian positions for the City of Stockton’s Police Department.

2.2 Contractors shall be available to provide Services Monday through Friday, except for federal holidays. City understands Contractor provides services for other clients and Services will be provided on a first come, first served basis.

2.3 In the event the Contractors schedules time off or is otherwise unable to schedule Services, the Contractors shall make their best effort to inform the City as soon as reasonably possible.
3 Specifications

3.1 Preemployment Background Investigations

3.1.1 Contractors shall conduct preemployment background investigations in accordance with California Commission on Pease Officer Standards and Training (POST) as defined in the California Code of Regulations (Cal. Code Regs. Tit. 11 § 1953).

3.1.2 Contractors shall coordinate all preemployment background investigations with designed City staff to ensure adherence to all rules and regulations defined in the City’s Charter, Municipal Code, Civil Service Rules, Administrative Directives, and Department Policies and Procedures.

3.1.3 Contractors shall provide services on an as-need basis, as requested by designed City Staff.

3.1.4 City will provide Contractors with all necessary Subject information (contact numbers, email address, references. Etc.) to provide Services.

ATTACHMENT A 407
2 (Rev. 10.30.18)

3.1.4.1 Once Contractors has received Subject information from the City, the Contractors shall complete the assignment within an eight (8) week period.

3.1.4.1.1 Contractors shall make their best effort to meet the completion date.

3.1.4.1.2 In the event the Contractors does not receive communication from the Subject within 10
calendar days, Contractors shall notify City.

3.1.4.1.3 In the event the Contractors cannot meet the
estimated completion date, Contractor shall
notify City as soon as reasonably practicable.

3.1.4.2 Contractors shall coordinate directly with Subject to schedule all necessary interviews, phone calls, and/or
meetings.

3.1.4.3 In the event Subject or City cancels an appointment for Services, the scheduled appointment time shall remain
available to the City to fill with an alternative Subject.

3.1.4.3.1 City will provide Contractors with the name of an alternative Subject within two (2) business
days.

3.1.4.3.2 If after two (2) business days the City has failed to schedule an alternative Subject, the
Contractors may release the appointment time
at no cost to the City.
4 Internal and External Standards and Guidelines

4.1 Contractors investigators shall be POST certified and provide California Commission on Peace Officer Standards.

4.2 Contractors shall immediately inform City of any conflict of interest related to a Subject.

4.3 Contractors shall immediately inform City of any arrest, indictments, or other criminal issues related to any investigator providing Services under this Agreement.

4.4 Contractors shall not disclose to any person, any information gained during an investigation except where such disclosure is required by law or is requested by City.

ATTACHMENT A 408
3 (Rev. 10.30.18)
5 Criteria of Acceptance for Deliverables

5.1 In accordance with Section 3.1 above, Contractors preemployment background investigation reports shall include, but are not limited to:
x Personal Interview
x Education Verification and Related Transcripts
x Employment Verification
x Disciplinary Actions
x Legal Criminal History Including Convictions
x Litigation Civil History
x Verification of Prior Worker’s Compensation Claims
x Driving Record
x Financial History
x Military History
x Social Media
x Illegal Substance Use
x Employment References
x Personal References

5.2 Contractors shall submit investigation reports in .pdf format, via email, or through an agreed upon background investigation software to designated City staff.

5.3 Contractors shall review all reports for quality and accuracy prior to submission of the final report to the City.

5.4 Upon City request, Contractors shall be available to discuss each report with designated City staff.
6 Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: Creative Security Company, Inc. City: City of Stockton Attn: Charles H. Wall Attn: City Manager
150 Barack Obama Blvd. 425 N. El Dorado Street
San Jose, CA 95110 Stockton, CA 95202
Contractor: The Gumshoe Group
Attn: Ken Kramer
333 Sunset Ave., Suite 130
Suisun City, CA 94585
ATTACHMENT A 409
4 (Rev. 10.30.18)
Contractor: TruView BSI, LLC
Attn: Nicholas M. Auletta
444 E. Huntington Dr., Suite 305
Arcadia, CA 91006
Contractor: Pierside Investigations, LLC
Attn: Steven Peppard
4345 Palomar Dr.

Fallbrook, CA 92028
7 Option to Renew.

The term of the Agreement may be extended up to two (2) one (1) year options by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed five (5) years.

ATTACHMENT A 410
REV 2022-05-17
Exhibit B:

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

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

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

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

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

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

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

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

ATTACHMENT A 411
REV 2022-05-17
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

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

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any ATTACHMENT A 412
REV 2022-05-17
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

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

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

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

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

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

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

ATTACHMENT A 413
REV 2022-05-17
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT A 414
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

EXHIBIT C

GENERAL TERMS AND CONDITIONS

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

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

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

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

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

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

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 ATTACHMENT A 415
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.

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

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

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

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

9. Contractor’s Status.

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

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 ATTACHMENT A 416
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

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

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

10. Subcontractor.

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

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

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

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 ATTACHMENT A 417
(Rev. 10.30.18; Mod 0ϱ͘Ϭϴ͘ϮϯZD)

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

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors. Indemnity and Hold Harmless. 7R WKH IXOOHVW H[WHQW SHUPLWWHG E\ ODZ &RQWUDFWRU VKDOO KROG KDUPOHVV GHIHQG DQG LQGHPQLI\ &LW\ RI 6WRFNWRQ DQG LWV RIILFHUV RIILFLDOV HPSOR\HHV DQG YROXQWHHUV IURP DQG DJDLQVW DQ\ DQG DOO OLDELOLW\ ORVV GDPDJH H[SHQVH FRVWV
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Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 ATTACHMENT A 418
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

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

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

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

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

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

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

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
5 ATTACHMENT A 419
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

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

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

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

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

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 ATTACHMENT A 420
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

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

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

31. Entire Agreement, Integration, and Modification.

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

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

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

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 ATTACHMENT A 421
1 (Rev. 07.12.22)

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

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

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

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

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

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

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

3. Time for Performance.

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

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other ATTACHMENT A 422
2 (Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

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

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

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

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

5. Compensation

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

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed ATTACHMENT A 423
3 (Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

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

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

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

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

ATTACHMENT A 424
4 (Rev. 07.12.22)

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

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

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

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

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

ATTACHMENT A 425
1 (Rev. 10.30.18)

EXHIBIT E

COMPENSATION SCHEDULE
The Contractors 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 Contractors shall be paid on this Agreement is $1,863,891 (hereafter the “not to exceed” amount), collectively. The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

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

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

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

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

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

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

ATTACHMENT A 426
2 (Rev. 10.30.18)

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

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

Task Description Task Price
1 Preemployment Background Investigation Not to Exceed
$2,000.00

2.1 Rate Increase – Contractor pricing shall not increase at any time without prior written amendment signed by both Contractor and City.

3. Travel Fees. Background investigations may require travel out of the Service Area to conduct reference checks, neighborhood checks, employment checks, or other associated investigations. When this occurs, Contractor shall provide City an estimate for all travel expenses for preapproval. City may request alternative methods to complete an investigation in lieu of travel authorization. All approved travel expenses shall be billed separately.

3.1 Service Area – Service Area shall be defined as within 75 miles radius from 400 E. Main St., Stockton, CA 95202.

4. Additional Fees. Contractor shall provide City an estimate for all other expenses for preapproval. Once approved all other expenses shall be billed separately.

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 – PD Fiscal Department
22 E. Weber Ave. – 4th Floor
Stockton, CA 95202
ATTACHMENT A 427
1 (Rev, 10.27.22)

EXHIBIT F

TIMELINE

1. Contractor shall complete the requested services identified in Exhibit A on an as needed basis, as requested by the City.

ATTACHMENT A 428
City of Stockton
Legislation Text
File #: 24-0478, Version: 1

ADOPT A RESOLUTION APPROVING AN INDEPENDENT CONTRACTOR AGREEMENT

BETWEEN SAN JOAQUIN COUNTY AND THE CITY OF STOCKTON FOR CALIFORNIA ASSEMBLY BILL 109 (AB 109) FUNDING OF THE COMMUNITY CORRECTIONS PARTNERSHIP TASK FORCE, AND AMEND THE FISCAL YEAR 2024-25 ANNUAL BUDGET

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

1. Authorize the City Manager to execute the Independent Contractor Agreement with San Joaquin County to accept California Assembly Bill 109 (AB 109) funding for the San Joaquin County Community Corrections Partnership (CCP) Task Force;

2. Authorize the City Manager to accept $3,537,691 in Fiscal Year (FY) 2024-25 Police Grant Funds as Fiscal Agent for the law enforcement agencies of San Joaquin County; and

3. Approve an amendment to the FY 2024-25 Annual Budget to increase the Police Grants and Special Programs San Joaquin County Community Corrections Partnership Task Force revenue estimates and expenditure appropriations by $3,537,691; and

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

Summary
The CCP Task Force supports prison realignment through a Problem-Oriented Policing (POP) model.

The Task Force focuses on offenders who are wanted for a new crime or compliance violation, have a history of violence, are repeat offenders, or are at high risk of becoming repeat offenders. The Task Force services each of the cities within San Joaquin County throughout the year based on identified needs. This Agreement for $3,537,691 will fund the salary and benefits of the core Task Force team, as well as, salary/benefit and overtime enhancements. In addition, funding will be used for the onetime requests of two additional vehicles, three new software programs, and equipment essential for its members. Funds for the Task Force are provided by State AB 109 Public Safety Realignment funding allocated by the CCP.

DISCUSSION
Background
AB 109 was intended to reduce the state’s prison population by shifting the responsibility of certain felons to local government. Implementation of AB 109 began in October 2011 and resulted in an City of Stockton Page 1 of 3 Printed on 5/16/2024
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increased number of offenders returning to local communities. After the implementation of AB 109, the City of Stockton and other cities within the County experienced increased crimes committed by previous offenders. Combined with reduced revenue, budgets, and staffing, local law enforcement has been challenged with adequately maintaining public safety services to community members.

The Marshall Plan on Crime is a guiding document that looks at public safety challenges from a broader perspective than a single entity such as a city. The Task Force was established and funded through San Joaquin County’s CCP AB 109 funding beginning in October 2012. The initial Task Force consisted of a core group staffed by a Stockton Police Department (SPD) Sergeant and Officers from Tracy, Lodi, and Manteca. The Task Force coordinates with other efforts resulting from the Marshall Plan on Crime and continues to be a valuable component in the overall mission to address crime and accomplish the City Council’s goal of increasing public safety.

There is an existing Memorandum of Understanding (MOU) outlining the operational goals of the Task Force; through this document, the Task Force maintains the flexibility to respond to the needs of each community within San Joaquin County. Task Force members can function as a team that moves from one city to another or as individual Officers in their home agencies.

Present Situation
The Task Force comprises a core group funded through this Agreement with San Joaquin County. A proposal for AB 109 funding of $3,537,691 was submitted and included in the San Joaquin County Public Safety Realignment Plan for FY 2024-25 to fund the core Task Force from Stockton, Lodi, San Joaquin County Sheriff’s Department, and Manteca. For FY 2024-25, the Task Force is adding two San Joaquin County District Attorney Investigators (DAI’s) to help with the increased workload and one SPD Senior Administrative Analyst to help analyze data and support the team. These additions will require salary, benefits, and overtime enhancements, including current SPD officers’ salary increases of approximately 18%-23% as of July 1, 2024.

A training and equipment budget enhancement is requested to allow for essential training for all the members and have enough budget remaining for crucial equipment needs. The one-time requests are for two new outfitted vehicles for the two recently added San Joaquin County DAI’s, the purchase of three new software programs, two new advanced drones, and two rifle-rated ballistic shields. The two new vehicles for the partnering agencies will be purchased by their respective agencies and reimbursed upon invoice.

In previous years, enhancements to budget proposals were limited to a certain percentage increase approved beforehand; however, the Executive Committee approved having those limitation lifted again this Fiscal Year. Partnering agencies now have the opportunity to assess their programs and services thoroughly and include those identified needs and enhancements to their proposed budget.

The SPD was notified on March 13, 2024, that the CCP Executive Committee approved the proposal for total funding of the core members of the Task Force. State funds for a multi-agency justice system plan are now allocated to counties, and cities will no longer receive funds directly.

During the 2023-24 Fiscal Year, the law enforcement agencies throughout San Joaquin County continue to have a shortage of officers. The Task Force has been called upon to assist all the agencies/units in the county on a much more frequent basis, necessitating additional assistance.

With the addition of the two San Joaquin County DAI’s, budget enhancements are needed to fund City of Stockton Page 2 of 3 Printed on 5/16/2024
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those positions as well as those of the current members. In addition, by providing additional funds for training and equipment, the Task Force members will be able to remain current on training and necessary tactics such as surveillance training, search warrant writing, EVOC training, etc., and be able to have access to state-of-the-art equipment such as the most current tactical and surveillance equipment.

FINANCIAL SUMMARY
City General Funds are not used to support the Task Force. Due to the specific appropriation actions needed, the SPD brings forward special revenue funding such as these for City Council approval outside the annual budget process.

The San Joaquin County Public Safety Realignment FY 2024-25 Budget proposal includes $3,537,691 allocated for the Task Force. Revenue and expenditure appropriation, both in the amount of $3,537,691, is requested as part of the approval of the Agreement. Revenue and expenditures will require an increase in appropriation to the FY 2024-25 Police Other Special Revenue fund, Reimbursements sub-fund, Investigations division, and Special Investigation program.

Task Force services provided by the partner agencies are invoiced to the City on a quarterly basis.

Those services covered by the AB 109 allocation are then processed for reimbursement from San Joaquin County through the City’s miscellaneous receivables process.

Attachment A - FY24-25 AB109 Independent Contractor Agreement City of Stockton Page 3 of 3 Printed on 5/16/2024
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Agreement: City of Stockton Page 1 of 13

INDEPENDENT CONTRACTOR AGREEMENT

SAN JOAQUIN COUNTY
BOARD AGREEMENT# A-24-_____
BOARD ORDER # B-24-_____
CONTRACT AMOUNT: $3,537,691.00
PARTIES: COUNTY: County of San Joaquin
Purchasing & Support Services
44 N. San Joaquin Street
Suite 540
Stockton, CA 95202-2931
With copies to: County of San Joaquin
COUNTY DEPARTMENT: PROBATION
575 W. Mathews Road
French Camp, CA 95231
Steve Jackson
209-468-4070
[email protected]
CONTRACTOR: City of Stockton
22 E. Market Street
Stockton, CA 95202
Stanley McFadden, Chief of Police
209-937-8218
[email protected]
With copies to: City of Stockton
City Manager’s Office
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT A 432
Agreement: City of Stockton Page 2 of 13
I. THE PARTIES TO THE AGREEMENT
This Agreement is made and entered into this 1
st day of July, 2024, by and between City of
Stockton, as an independent contractor (hereinafter “CONTRACTOR”), and the County of San Joaquin, a political subdivision of the State of California for its PROBATION at the address referenced above (hereinafter “COUNTY”).

II. THE PURPOSE OF THE AGREEMENT
The purpose of this Agreement is for CONTRACTOR to provide the Community Corrections Partnership (CCP) Task Force services for San Joaquin County’s Public Safety Realignment program (AB109) which include reducing crimes committed by AB109 offenders, promoting the CCP, and supporting the premise of prison realignment.

III. ORDER FOR PRECEDENCE
A. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:

1. Applicable Federal and State of California statutes and regulations;

2. This Agreement; and

3. The attachment marked Exhibit A- San Joaquin County Public Safety Realignment Request Form submitted on behalf of the Police Departments of San Joaquin County to the Community Corrections Partnership (CCP).

Document 3, referenced above, is hereby incorporated into this Agreement as if completely set forth herein.

IV. THE SCOPE OF SERVICES
A. Scope of Professional Service:

CONTRACTOR agrees to coordinate a Community Corrections Partnership (CCP) Task Force involving City Police Departments throughout San Joaquin County. CONTRACTOR will serve as the host agency and provide necessary office space and also will provide:
- (1 FTE) Stockton Police Sergeant, responsible for day-to-day supervision of all Task Force members and their activities.
- (1.55 FTE) Stockton Police Officers.
- (2 FTE) Police officers from other city jurisdictions within San Joaquin County will collectively determine which of their agencies will employ those personnel for full time assignment to the Task Force.
- (1 FTE) Sheriff Deputy.
- (2 FTE) District Attorney Investigators.
- (1 FTE) Stockton Senior Administrative Analyst.
- Overtime will be shared amongst the Task Force Members.

ATTACHMENT A 433
Agreement: City of Stockton Page 3 of 13
Police Departments that do not participate with full-time staff may contribute part-time staff on a voluntary and/or ad hoc basis. All police agencies in San Joaquin County will have access to the Task Force services and resources regardless of their level of participation.

Command and Control:

The host agency will be responsible for the day-to-day operation of the Task Force. The Task Force supervisor (Stockton Police Department Sergeant) will report to a Stockton Police Department manager designated by the Stockton Police Chief. For general oversight and administration purposes, the police manager will report to the Police Chief member of the CCP’s Executive Board. The CCP’s Police Chief Representative will report to the CCP Executive Board on Task Force activities, as necessary.

Mission and Scope:

The mission of the Task Force is to protect the quality of life in our communities by:
• Reducing crimes committed by AB 109 offenders;
• Promoting the work of the CCP; and
• Supporting the premise of prison realignment.

The Task Force will focus on problematic realignment offenders, including those who:
• Wanted for a compliance violation and/or a new crime
• Have a history of violence
• Have been deemed a repeat offender
• Have been deemed at high risk of becoming a repeat offender.

The Task Force will use the well-known and effective Problem-Oriented Policing (POP) model. Activity and deployment strategies will include:
• Utilizing crime analysis data, offender data, and other information to prioritize work and ensure deployment practices and activities are conducted effectively and efficiently.
• Conducting frequent offender compliance checks, especially during weekends and evening hours.
• Initiate contact and become familiar with offenders recently released from custody.
• Actively searching for wanted persons, especially those identified as serious or habitual offenders or who are likely to commit new crimes. • Working closely with patrol, investigations, and various special enforcement units in the area to gather, analyze, and exchange criminal intelligence information.
• Frequently deploy to community “hot spots” and other areas where offenders are likely to gather and crime often occurs.
• Working closely with the Probation Department and other agency partners to encourage offenders to comply with the terms of their release, participate in vast programming opportunities, and avoid committing new offenses. • Serving as an individual and collective resource that can help educate members of each law enforcement agency on the purpose and intent of realignment.

ATTACHMENT A 434
Agreement: City of Stockton Page 4 of 13
• Working a flexible schedule which may include various evenings, nights, weekends, and holidays. This is necessary to provide attention to offenders when Probation Officers and other personnel are not at work.

B. CONTRACTOR shall perform the CONTRACTOR’S work in accordance with currently approved methods and standards of practice in CONTRACTOR’S professional specialty.

V. GENERAL PROVISIONS:

A. Term of Agreement:

This Agreement shall commence when fully executed and end on the 30th day of June, 2025, unless Work is completed on a date prior thereto or unless terminated earlier as provided herein.

B. Interpretation:

This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.

If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.

C. Compensation:

COUNTY agrees to pay CONTRACTOR the hourly amounts as indicated on the CONTRACTOR’S hourly rate sheet. Notwithstanding the foregoing, the total payments under this Agreement shall not exceed THREE MILLION FIVE HUNDRED THRITYSEVEN THOUSAND SIX HUNDRED NINETY-ONE DOLLARS AND NO CENTS ($3,537,691.00).

COUNTY agrees to pay the CONTRACTOR federal and state payroll taxes such as social security and unemployment for staff performing services under the scope of this contract.

COUNTY agrees to pay CONTRACTOR benefit costs to staff performing services under the scope of this contract.

The COUNTY will issue a Form 1099 at year-end for fees earned.

D. Invoicing:

The CONTRACTOR shall submit invoices on a monthly basis, by the 15th of each month via e-mail to [email protected]. The invoice must be accompanied by supporting documentation including, but not limited to, General Ledger detail, Payroll Register, and Personnel Activity Report(s). The monthly billing format shall clearly indicate the current period of request for payment, original budget amount, amount requested for the current billing period, cumulative expenditures through the current period of request for payment, and budget balance after reimbursement. All invoices must reference this Agreement Number/Contract ID # and the service performed. Payments shall be made within 30 days of receipt of invoice from the CONTRACTOR ATTACHMENT A 435
Agreement: City of Stockton Page 5 of 13
LATE FEES: California Government Code 926.10 provides the following “….any person having such a claim against a public agency, shall be entitled to interest commencing the 61st day after such public entity or person files a liquidated claim known or agreed to be valid when filed pursuant to such statute or contract, and such claim is due and payable.

Interest shall be 6 percent per annum.”
E. CONTRACTOR’S Status:

In the performance of Work, duties and obligations imposed by this Agreement, the CONTRACTOR and/or its employees are at all times acting as independent contractor(s) practicing his or her profession and not as an employee of COUNTY. A copy of the CONTRACTOR’S current professional, local, state or other business licenses required to conduct the services stated herein will be provided to the COUNTY.

F. Assignments:

Inasmuch as this Agreement is intended to secure the specialized services of CONTRACTOR, CONTRACTOR may not assign, transfer, delegate or subcontract its obligation herein without the prior written consent of COUNTY. Any such assignment, transfer, delegation, or subcontract without the prior written consent shall be considered null and void.

G. Non Exclusive Rights:

This Agreement does not grant to CONTRACTOR any exclusive privileges or rights to provide services to COUNTY. The CONTRACTOR may contract with other counties, private companies or individuals for similar services.

H. Indemnification:

CONTRACTOR shall, at its expense, defend, indemnify and hold harmless COUNTY, (defined as the County of San Joaquin and its employees, officers, directors, contractors and agents) from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable attorneys’ fees, and expenses from any claim or action, including without limitation for bodily injury or death, to the extent caused by or arising from the active and/or passive negligence or willful misconduct of CONTRACTOR, its employees, officers, agents or subcontractors.

I. Insurance

1. CONTRACTOR, shall submit proof of insurance with liability limits as set forth below to COUNTY showing COUNTY, its officers, employees, agents and volunteers named as Additional Insured to include ongoing operations and products completed operations (On Additional Insured Endorsement CG 20 10 10 93), except for Workers’ Compensation and professional Liabilities, and insurance policy shall contain provisions that such policy may not be canceled or reduced except after thirty (30) days written notice to COUNTY.

2. CONTRACTOR agrees to be responsible to ensure that the requirements set forth in this article/paragraph are also to be met by CONTRACTOR’S subcontractors, if any, who provide services pursuant to this Agreement.

ATTACHMENT A 436
Agreement: City of Stockton Page 6 of 13

3. General Liability Limits
a. BI & PD combined/per occurrence/Aggregate $1,000,000 b. Personal Injury/Aggregate $2,000,000
c. Automobile Liability/per occurrence $1,000,000
1) CONTRACTOR agrees to defend, hold harmless and indemnify COUNTY for any and all liabilities associated with the use of any automobiles in relation to tasks associated with this Agreement.

4. Professional Liability
a. Professional Liability/as appropriately relates to $2,000,000 services rendered. Coverage may include medical
malpractice, cyber liability, and/or errors and omissions.

5. Workers’ Compensation and Employer’s Liability Statutory requirement J. Discrimination:

CONTRACTOR shall not discriminate because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, genetic information, military or veteran status, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code sections 12940,12945, 12945.2). CONTRACTOR shall not retaliate against any person for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions.

K. ADA Compliance:

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

Any notice required to be given pursuant to the terms and conditions hereof shall be in writing, and shall be effected by one of the following methods: personal delivery, prepaid Certified First-Class Mail, or prepaid Priority Mail with delivery confirmation. Unless otherwise designated in writing by either party, such notice shall be mailed to the addresses shown on page one (1) of this Agreement.

M. Termination:

1. Termination for Cause: If CONTRACTOR breaches or habitually neglects the CONTRACTOR’S duties under this Agreement without curing such breach or neglect upon fifteen (15) working days written notice, COUNTY may, by written notice, immediately terminate this Agreement without prejudice to any other remedy to which COUNTY may be entitled, either at law, in equity, or under this Agreement.

ATTACHMENT A 437
Agreement: City of Stockton Page 7 of 13

2. Termination for Convenience: In addition, COUNTY may terminate this Agreement for its convenience upon thirty (30) days written notice to CONTRACTOR.

3. Funding out Clause: If the County Board of Supervisors fails to appropriate funds to enable the County Departments to continue to make purchases under this Agreement, this Agreement will be cancelled immediately and the CONTRACTOR will be given written notice of such termination.

4. If this Agreement is terminated under paragraphs 1, 2 or 3 above, CONTRACTOR shall only be paid for any Work completed and provided prior to notice of termination. In the event of termination under paragraph 1, 2 or 3 above, CONTRACTOR shall be paid an amount, which bears the same ratio to the total compensation authorized by the Agreement as the services actually performed bear to the total services of CONTRACTOR covered by this Agreement, less payments of compensation previously made. Except as stated above and except for any reasonable end-of-contract fees, CONTRACTOR shall have no other allowable charges under the terms and conditions of this Agreement.

5. CONTRACTOR shall not incur any expenses under this Agreement after notice of termination and shall cancel any outstanding expenses obligations to a third party [related hereto] that CONTRACTOR can legally cancel; COUNTY shall not be liable for any expenses incurred by CONTRACTOR subsequent to the notice of termination N. Conflict of Interest Statement:

CONTRACTOR covenants that CONTRACTOR, its officers, employees and their immediate family, presently have no financial or other interests in other project(s) or contract(s), or other activity(ies), nor shall they acquire any such interests, directly or indirectly, that would conflict or inhibit in any way, manner or degree with the performance of services under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement no person having any such a conflict of interest shall be employed or retained by CONTRACTOR under this Agreement. CONTRACTOR shall not hire COUNTY'S employees to perform any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except upon the written approval of COUNTY.

O. Drug Free Workplace:

CONTRACTOR shall comply with the provisions of California Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

P. Force Majeure:

It is agreed that neither party shall be responsible for delays in delivery, acceptance of delivery, or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either CONTRACTOR or COUNTY.

Q. Compliance:

1. CONTRACTOR shall comply with all federal, state and local laws, regulations and requirements necessary for the provision of contracted services. Furthermore, CONTRACTOR shall comply with all laws applicable to wages and hours of ATTACHMENT A 438
Agreement: City of Stockton Page 8 of 13
employment, occupational safety, fire safety, health and sanitation. CONTRACTOR shall maintain current throughout the life of this Agreement, all permits, licenses, certificates and insurances that are necessary for the provision of contracted services.

2. CONTRACTOR shall comply with Assembly Bill 1522, known as the Healthy Workplaces, Healthy Families Act of 2014, codified at California Labor Code Section 245-249. With a few exceptions, the new law requires all employers to provide employees performing work in California with paid sick leave, beginning on July 1, 2015.

R. Disputes and Remedies:

1. Notice of any disputes, claims, or breach raised by CONTRACTOR, arising under this Agreement, must be submitted, in writing, to COUNTY within ninety (90) days of the alleged dispute, claim, or breach. If such issues cannot be resolved within ninety (90) days following written notice, and if the parties mutually agree, the alleged dispute, claim, or breach may be submitted to arbitration. Arbitration, if expressly agreed upon in writing by COUNTY and CONTRACTOR, shall be pursuant to the provisions of California Code of Civil Procedure Section 1280, et seq.

2. At the COUNTY's sole discretion, COUNTY may elect to raise a dispute, claim, or breach by submitting it, in writing, to CONTRACTOR. Such dispute, claim, or breach would include conditions and time constraints required of CONTRACTOR to remedy.

3. Neither the pendency of a dispute, claim, or breach nor its consideration will excuse the parties from full and timely performance in accordance with terms of this Agreement.

4. Any legal action or proceeding with respect to this Agreement shall be brought in the courts of the State of California for the County of San Joaquin, or the courts of the United States of America for the Eastern District of California, and in no other courts.

CONTRACTOR hereby accepts such jurisdiction and venue and generally and unconditionally waives any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

5. In any action brought by a party to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, including the reasonable value of any services provided by in-house counsel. The reasonable value of services provided by either party’s counsel shall be capped at the hourly rate charged by Deputy County Counsel IV attorneys in the office of the County Counsel of San Joaquin County, California.

S. Public Record
All bids and proposal information is property of COUNTY. All such documents, including this Agreement, are public records per the requirements of the California Government Code, Sections 6250-6270, “California Public Records Act”. CONTRACTOR’S Proprietary material must be clearly marked as such, but even so marked, it does not guarantee nondisclosure and may still be subject to disclosure pursuant to law. Pricing and service ATTACHMENT A 439
Agreement: City of Stockton Page 9 of 13
elements of the successful bid and/or proposal may not be considered proprietary information.

COUNTY will treat all information submitted in a bid/proposal as available for public inspection once the COUNTY has a contract finalized with the selected contractor. If CONTRACTOR believes that it has a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within its bid, Proposal, this Agreement, it must identify any such information, together with the legal basis of your claim to COUNTY. CONTRACTOR agrees to defend and indemnify COUNTY for any liability, costs, and expenses incurred in asserting such confidentiality to protect documents from public disclosure. The final determination as to whether COUNTY will assert your claim of confidentiality on your behalf shall be sole discretion of COUNTY.

T. Documents:

All drawings, specifications, documents and other memoranda or writings relating to the work and services hereunder, shall remain or become the property of COUNTY whether executed by or for CONTRACTOR for COUNTY, or otherwise by or for CONTRACTOR, or by or for a subcontractor operating under CONTRACTOR’S supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to COUNTY forthwith upon COUNTY written demand, termination or completion of the work under this Agreement.

U. San Joaquin County Green Purchasing Policy:

1. COUNTY has a Green Purchasing Policy; please go to website to view.:
http://www.sjgov.org/SupportServ/dynamic.aspx?id=10128

2. COUNTY has adopted an Environmentally Preferable Purchasing (EPP) Policy.

EPP refers to the procurement of goods and services that lessen or reduce negative effect on human health and the environment when compared with competing goods and services that serve the same purpose. This comparison takes into consideration such things as: raw materials acquisition; production; manufacturing; packaging; distribution; reuse; disposal; energy efficiency; performance; safety and cost.

3. A primary goal of this policy is to encourage contractors/suppliers and departments to consider products and services that help minimize environmental impacts with price, performance and aesthetic considerations being equal.

Contractors/suppliers are encouraged to offer products and services that meet legitimate “green” standards, e.g. products that possess independent third party certifications such as Energy Star, Green Seal, EcoLogo, EPEAT or FEMP (Federal Energy Management Program) standards. The County also encourages offers of products made with minimal virgin materials and maximum use of recycled materials – again, price and performance essentially being equal.

V. Work Product:

COUNTY and CONTRACTOR acknowledge and agree that “Work Product”, and all components of it, provided or developed by CONTRACTOR hereunder or in connection herewith shall constitute “works made for hire” within the meaning of Title 17 ATTACHMENT A 440
Agreement: City of Stockton Page 10 of 13
United States Code Section 101 et seq. (the “Copyright Act”), and all right, title, and interest in and to the Custom Products shall vest in COUNTY immediately upon development. To the extent any such Custom Products may not be the sole and exclusive property of COUNTY and/or may not be a “work made for hire” as defined in the Copyright Act upon development, then CONTRACTOR agrees to and hereby does sell, transfer, grant and assign to COUNTY all copyrights, patents, trade secrets, inventions, and other proprietary rights, title, and interest in and to such Custom Products upon development. On all written material, whether in print, electronic, or any media form, constituting “Work Product”, CONTRACTOR shall place or cause to be placed the following legend preferably in the lower right corner:
© 2024 County of San Joaquin. All rights reserved.

W. Data Security – Confidentiality

1. Acknowledgment of access to information characterized as covered data:

CONTRACTOR acknowledges that this Agreement may allow CONTRACTOR access to confidential COUNTY information or COUNTY provided information including, but not limited to, personal information, records, data, or financial information (“Covered Data”) notwithstanding the manner in which or from whom it is received by CONTRACTOR, which is subject to state laws that restrict the use and disclosure of the COUNTY information, including the California Information Practices Act (California Civil Code Section 1798 et seq.), California Constitution Article 1, Section 1, and other existing relative or future adopted State and/or Federal requirements. CONTRACTOR shall maintain the privacy of, and shall not release, Covered Data without full compliance with all applicable state and federal laws, the provisions of this Agreement and prior written consent of COUNTY.

CONTRACTOR agrees that it will include all of the terms and conditions contained in this clause in all subcontractor or agency contracts providing services under this Agreement. Where a federal, state or local law, ordinance, rule or regulation is required to be made applicable to this Agreement, it shall be deemed to be incorporated herein without amendment to this Agreement.

2. Prohibition on unauthorized use or disclosure of Covered Data:

CONTRACTOR agrees to hold Covered Data received from or created on behalf of COUNTY in strictest confidence. CONTRACTOR shall not use or disclose Covered Data except as permitted or required by this Agreement or as otherwise authorized in writing by COUNTY. If required by a court of competent jurisdiction or an administrative body to disclose Covered Data, CONTRACTOR will notify COUNTY in writing prior to any disclosure in order to give COUNTY an opportunity to oppose any such disclosure. Any work using, or transmission or storage of, Covered Data outside the United States is subject to prior written authorization by COUNTY.

3. Safeguard standard: CONTRACTOR agrees that it will protect the Covered Data according to commercially acceptable standards and no less rigorously than it protects its own confidential information, but in no case less than reasonable care. CONTRACTOR shall develop, implement, maintain and use appropriate administrative, technical and physical security measures which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity and availability of all such Covered Data.

ATTACHMENT A 441
Agreement: City of Stockton Page 11 of 13

4. Return or destruction of Covered Data: Upon termination, cancellation, expiration or other conclusion of this Agreement, CONTRACTOR shall return the Covered Data to COUNTY unless COUNTY requests that such data be destroyed.

This provision shall also apply to all Covered Data that is in the possession of subcontractors or agents of CONTRACTOR. CONTRACTOR shall complete such return or destruction not less than thirty (30) calendar days after the conclusion or termination of this Agreement. Within this thirty (30) day period, CONTRACTOR shall certify in writing to the COUNTY that the return or destruction has been completed.

5. Reporting of unauthorized disclosures or misuse of Covered Data:

CONTRACTOR shall report, either orally or in writing, to COUNTY any use or disclosure of Covered Data not authorized by this Agreement or in writing by COUNTY, including any reasonable belief that an unauthorized individual has accessed Covered Data. CONTRACTOR shall make the report to COUNTY immediately upon discovery of the unauthorized disclosure, but in no event more than two (2) business days after CONTRACTOR reasonably believes there has been unauthorized use or disclosure. CONTRACTOR’S report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) Covered Data used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what CONTRACTOR has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action CONTRACTOR has taken or shall take to prevent future similar unauthorized use or disclosure.

6. Examination of records: COUNTY and, if the applicable contract or grant so provides, the other contracting party or grantor (and if that be the United States, or an agency or instrumentality thereof, then the Controller General of the United States) shall have access to and the right to examine any pertinent books, documents, papers, and records of CONTRACTOR involving transactions and work related to this Agreement until the expiration of five years after final payment hereunder. CONTRACTOR shall retain project records for a period of five years from the date of final payment.

7. Assistance in litigation or administrative proceedings: CONTRACTOR shall make itself and any employees, subcontractors, or agents assisting CONTRACTOR in the performance of its obligations under this Agreement available to COUNTY, at no cost, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings against COUNTY, its directors, officers, agents or employees based upon a claimed violation of laws relating to security and privacy and arising out of this Agreement.

8. No third-party rights: Nothing in this Agreement is intended to make any person or entity who is not signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.

9. Survival: The terms and conditions set forth shall survive termination of the Agreement between the parties.

ATTACHMENT A 442
Agreement: City of Stockton Page 12 of 13
X. Entire Agreement and Modification:

This Agreement and all documents incorporated by reference supersedes all previous Agreements either oral or in writing and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.
[THIS SPACE LEFT INTENTIONALLY BLANK]
ATTACHMENT A 443
Agreement: City of Stockton Page 13 of 13
VI. EXECUTING PARTIES
A. INWITNESS WHEREOF, COUNTY and CONTRATOR have executed this Agreement effective on the day and year first written above.

CITY OF STOCKTON, a municipal
Corporation
425 N. El Dorado St. Stockton, CA 95202
By:_
Harry Black, City Manager
“CONTRACTOR”

APPROVED AS TO FORM
By:

Print Name
Position: Deputy City Attorney
By:

Signed Name
By:

Chairman, Miguel Villapudua
Board of Supervisors
San Joaquin County,
State of California
“COUNTY”
ATTEST: Rachel DeBord
Clerk of the Board of Supervisors
of the County of San Joaquin,
State of California
By:

Date:

APPROVED AS TO FORM
Office of County Counsel
By:

Jonathan King
Deputy County Counsel
ATTACHMENT A 444
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE INDEPENDENT CONTRACTOR AGREEMENT

BETWEEN SAN JOAQUIN COUNTY AND CITY OF STOCKTON IN THE AMOUNT OF $3,537,691, FOR AB 109 FUNDING OF THE COMMUNITY CORRECTIONS

PARTNERSHIP TASK FORCE AND THE AMENDMENT OF THE FISCAL YEAR 2024-25 ANNUAL BUDGET
The Community Corrections Partnership of San Joaquin County formed a Task Force in 2012 to support the premise of prison realignment; and The Task Force uses the Problem Oriented Policing (POP) model focusing on offenders who are wanted for a new crime or compliance violation, have a history of violence, are repeat offenders, or are at high risk of becoming repeat offenders; and The Task Force serves each of the cities within San Joaquin County based on identified needs; and
Since 2012, funding allocated through AB 109 to San Joaquin County has been applied for and awarded to support the core team members of the Task Force; now, therefore,

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

1. The Independent Contractor Agreement between San Joaquin County and the City of Stockton for AB 109 funding of the Community Corrections Partnership Task Force is hereby approved.

2. The City Manager, as Fiscal Agent for the law enforcement agencies of San Joaquin County, is authorized to accept $3,537,691 in Fiscal Year (FY) 2024-25 Police Grant Funds.

3. The FY 2024-25 Annual Budget is amended to appropriate $3,537,691 in revenues and expenditures for the Police Grants and Special Programs CCP Task Force accounts as needed to carry out the purpose and intent of this action. //
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4. The City Manager is hereby authorized and directed to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED May 21, 2024 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
446
City of Stockton
Legislation Text
File #: 24-0370, Version: 1
APPROVE MOTION TO EXECUTE A THREE-YEAR AGREEMENT, WITH TWO (2) ADDITIONAL ONE (1) YEAR OPTIONS TO EXTEND WITH ALL CREATURES VETERINARY CLINIC FOR

AFTER-HOURS VETERINARY HOSPITAL AND/OR EMERGENCY CARE

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

1. Authorize the City Manager to execute a three-year Standard Agreement with two (2) one-year options to extend between All Creatures Veterinary Clinic (All Creatures) and the City of Stockton (City) in an amount not to exceed $522,508.

2. Approve findings which support and justify an exception to the competitive bidding process pursuant to Stockton Municipal Code section 3.68.070(A)(3) where the City held a competitive Request for Proposals.

3. Authorize and direct the City Manager to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.

Summary
The Stockton Police Department (SPD) receives calls of stray, sick, and injured animals after hours.

Since law enforcement officers are required by law to respond to sick and injured animals, there could be a significant impact to their calls-for-service, which also results in lengthy wait times for citizens standing by with the sick or injured animals, without the ability to transport the animal to an after-hours emergency clinic.

The Stockton Animal Shelter (the Shelter) does not operate on a 24-hour basis, requiring alternate arrangements for the after-hours care of injured animals. By contracting with after-hours and veterinary hospitals, the City better manages its obligations to provide emergency after-hours care and respond to sick or injured animals when staff at the Shelter are unavailable. For the last several years, the Shelter has contracted with service providers using a tiered veterinary care service schedule and associated fee structure. The current 6-month contract with All Creatures will expire on June 5, 2024, leaving the Shelter with an immediate need for a new contract.

The Shelter is seeking Council approval for a three-year agreement (Attachment A) with All Creatures in the amount of $313,505 with two (2) one-year options to extend for a total not to exceed amount of $522,508.

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DISCUSSION
Background
Prior to 2016, the Shelter lacked the ability to control veterinary charges because there was no set standard of care and pricing. In 2016, Shelter staff designed a three-tiered veterinary care service schedule and associated fee structure. With the set fee structure and services to be provided, expenditures were easier to predict and control.

In 2018, Council approved two contracts for services, one with Family Pet Hospital and the other with All Creatures. Due to the lack of service provided, the contract with Family Pet Hospital was cancelled, resulting in higher intake of animals for All Creatures and the need for additional funding.

To ensure that the Shelter can send sick and injured animals to off-site veterinarians for treatment after-hours, a Request for Proposal (RFP) for new after-hours veterinary hospital and/or emergency care services was issued on July 19, 2018 to all Stockton veterinarians, animal hospitals, and emergency care veterinarians. Proposals were due on August 9, 2018, and only two were received, All Creatures and Family Pet Hospital. Family Pet Hospital and All Creatures Veterinary Emergency were accepted, and agreements were established with Resolution 2018-10-16-1107.

All Creatures was initially approved for a three-year agreement with a maximum not to exceed amount of $240,000 and an option to extend for an additional two years. In 2021, the contract extension of two additional years was approved along with increased funding not to exceed $85,800, making the total maximum not to exceed amount for the entire contract $325,800. When the contract with Family Pet Hospital was cancelled due to the lack of services provided, a higher intake of animals resulted for All Creatures, creating the need for additional funding for the remainder of the contract.

Present Situation
Additional RFP’s (PUR 23-033) and (PUR 24-008) for after-hours services were posted to Bid Flash on August 3, 2023, and on September 12, 2023, respectively, with no responses received. As a result, the Shelter entered into a six-month gap agreement with All Creatures for the remainder of Fiscal Year 2023-24 for a cost not to exceed $45,000 from December 2023 to June 5, 2024. This sixmonth agreement was issued with the intent to allow time for a new procurement and long-term contract to be approved through Council without a lapse in service. The Shelter is seeking approval for a three-year agreement with All Creatures in an amount of $313,505, with two (2) one-year options to extend for a total not to exceed amount of $522,508.

The 2022 Live Release Rate finished the year at 86%. The ability to maintain this level of live release is due, in part, to the accessibility of after-hours emergency veterinary care. Without providing adequate medical care, the vast improvements made to the Shelter’s Live Release Rate over the years would suffer. It is important not to have a lapse in after-hours veterinary services. While there is continued public support to increase the Live Release Rate and improve humane care and outcomes at the Shelter, this support must be balanced with the available funds to operate the Shelter.

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File #: 24-0370, Version: 1
Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support and justify exceptions to the competitive bidding process. These findings include:

1. A contract with an after-hours veterinary hospital and/or emergency care clinic is necessary to provide medical care for sick and injured animals after-hours when the Shelter is closed.

2. The City does not have the staff to manage such operations and services, and hiring qualified staff to complete the outlined scope of services, compared to the contracted expense, would be cost prohibitive to the City.

3. No proposals were received by the noticed due date. Therefore, the City has negotiated to award the current contractor, All Creatures Veterinary Clinic, with the three-year agreement in accordance with the City’s approved General Procurement Policy 17.05.010, Section G-6, which authorizes executing an agreement to a supplier that was not involved in the formal solicitation process.

FINANCIAL SUMMARY
The total proposed cost is $313,505 for a three-year agreement with All Creatures. The agreement includes two (2) one-year options to renew in an amount not to exceed $522,508. Adequate expenditures have been appropriated in the FY 2024-25 Police Department General Fund Animal Services Account.

Attachment A - All Creatures Standard Agreement
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ATTACHMENT A 450
ATTACHMENT A 451
ATTACHMENT A 452
ATTACHMENT A 453
ATTACHMENT A 454
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ATTACHMENT A 457
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ATTACHMENT A 459
ATTACHMENT A 460
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ATTACHMENT A 468
ATTACHMENT A 469
ATTACHMENT A 470
ATTACHMENT A 471
ATTACHMENT A 472
City of Stockton
Legislation Text
File #: 24-0392, Version: 1

APPROVE MOTION TO AWARD A SERVICE CONTRACT FOR ON-CALL AUTOMATIC GATE,

DOOR, AND ACCESS CONTROL REPAIR 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. Award a five-year Service Contract, in the amount not to exceed $750,000, to R&S Erection Tri-County, Inc. of Modesto, CA, for On-Call Automatic Gate, Door, and Access Control Repair Services, Project No. OM-24-069, with the option of one two-year extension.

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

Summary
The City maintains 131 roll-up doors, 44 rolling gates, and 10 automatic doors at 53 locations, including fire stations, public safety buildings, sewer and stormwater pump stations, libraries, and community centers. Proper operation of these roll-up doors, gates, and automatic doors is critical to the City’s daily service operations.

On February 23, 2024, the City advertised a Request for Proposals (RFP) for On-Call Automatic Gate, Door, and Access Control Repair Services, Project No. OM-24-069. Two companies submitted proposals for this project. The Selection Committee evaluated the proposals and found R&S Erection Tri-County, Inc. of Modesto, CA, to be the most qualified company to provide the needed services.

It is recommended that Council approve a motion authorizing the City Manager to execute a five-year Service Contract, in the amount not to exceed $750,000, with R&S Erection Tri-County, Inc. (Attachment A). Contracted services will begin July 1, 2024, and expire June 30, 2029, with the option for one two-year extension. The Service Contract is a Unit Price Contract, and the City will only pay for the services performed. The Service Contract will be funded from Public Works, Community Development, and Municipal Utilities Departments’ Operating Budgets (Attachment B).

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DISCUSSION
Background
The City maintains 131 roll-up doors, 44 rolling gates, and 10 automatic doors at 53 locations, including fire stations, public safety buildings, sewer and stormwater pump stations, libraries, and community centers. Timely maintenance and repair of these roll-up doors, gates, and automatic doors is necessary to ensure ongoing daily operations, particularly for public safety departments.

Public Works does not have the qualified staff or the variety of specialized equipment needed for the unscheduled and unique repairs that occur with the various doors and gates at City facilities. Past practice was to solicit local contractors for individual services on a case-by-case basis.

On September 5, 2019, the City advertised an RFP for Automatic Door, Overhead Door, and Gate On -Call Repair Services, Project No. OM-19-034. On March 10, 2020, the City entered into a Service Contract with R&S Erection Tri-County, Inc. of Modesto, CA, for Automatic Door, Overhead Door, and Gate On-Call Repair Services, Project No. OM-19-034. The Service Contract is set to expire on June 30, 2024.

Present Situation
On February 23, 2024, the City advertised an RFP for On-Call Automatic Gate, Door, and Access Control Repair Services, Project No. OM-24-069. On March 13, 2024, two proposals were received from the following companies:
· Nor-Cal Overhead, Inc. (Oakley, CA)
· R&S Erection Tri-County, Inc. (Modesto, CA)
A Selection Committee comprised of Fire and Public Works staff evaluated and ranked both proposals based on each company’s experience, ability to provide a full range of repair services at all required locations within the City’s required response times, the ability to maintain readily available replacement parts, and cost. R&S Erection Tri-County, Inc. received the highest ranking, based on the noted criteria, and was determined to be the most qualified company for this project.

OM-24-069 (Attachment A). Contracted services will begin July 1, 2024, and expire June 30, 2029, with the option for one two-year extension. The Service Contract is a Unit Price Contract, and the City will only pay for services performed. The annual amount of $150,000 is an estimate based on historical expenditures for labor and materials for these services.

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

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File #: 24-0392, Version: 1
These findings include:

1. The on-call repair Service Contract involves specialized requests requiring an experienced, qualified contractor who has successfully provided services of similar frequency and scope.

2. The City does not have the specialized equipment or enough qualified staff available to perform the work required for this project.

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

4. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

FINANCIAL SUMMARY
The Service Contract is proposed to be funded at the set fees listed below and in accordance with the Scope of Work in the Service Contract.

FIVE-YEAR TERM ANNUAL COST
July 1, 2024 - June 30, 2025 $150,000
July 1, 2025 - June 30, 2026 $150,000
July 1, 2026 - June 30, 2027 $150,000
July 1, 2027 - June 30, 2028 $150,000
July 1, 2028 - June 30, 2029 $150,000
TOTAL $750,000
The Service Contract will be funded from Public Works, Community Development, and Municipal Utilities Departments’ Operating Budgets (Attachment B). Funding for the remaining years of the Service Contract will be contingent on future annual budget appropriations. The funding split will remain the same over the life of the Service Contract.

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

Attachment A - Service Contract with R&S Erection Tri-County, Inc.

Attachment B - Financial Breakdown by Account
City of Stockton Page 3 of 3 Printed on 5/16/2024
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475

CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2024, between the CITY OF STOCKTON, a municipal corporation (“CITY), and R&S ERECTION TRICOUNTY, INC. a STATE OF CALIFORNIA CORPORATION, with a business address at 5265 JERUSALEM CT., MODESTO, CA 95356, hereinafter called "CONTRACTOR.," THIS CONTRACT is for the ON-CALL AUTOMATIC GATE, DOOR & ACCESS CONTROL REPAIR SERVICES, PROJECT NO. OM-24-069, hereinafter referred to as “SERVICE”.

RECITALS
A. CONTRACTOR represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. CONTRACTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.

C. CONTRACTOR represents that it will pay all required prevailing wages under California Labor Code for all services provided that have a wage determination.

D. CITY finds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications). CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.

2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference.

CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work. Total compensation for services and ATTACHMENT A Page 1 of 33 476
reimbursement for costs shall not exceed $750,000.00 or as otherwise mutually agreed to in a Contract Amendment.

Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
a. Invoices submitted by CONTRACTOR to CITY must contain a brief description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon completion of work and acceptance by CITY, CONTRACTOR shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by CITY upon receiving a written request thirty (30) days in advance of said time limitation. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.

3. INSURANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference, and shall otherwise comply with the other provisions of Exhibit C. Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

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

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

ATTACHMENT A Page 2 of 33 477
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.

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

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

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

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

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

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

4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or ATTACHMENT A Page 3 of 33 478
its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on June 30, 2029, unless extended by mutual agreement through the issuance of a Contract Amendment. This contract provides for one (1), two-year extension at the same rates and terms as outlined in Exhibit A and Exhibit B.

6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit D). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
ATTACHMENT A Page 4 of 33 479
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 ATTACHMENT A Page 5 of 33 480
of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

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

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

8. RIGHTS AND DUTIES OF CITY. CITY shall make available to CONTRACTOR all data and information in the possession of CITY which both parties ATTACHMENT A Page 6 of 33 481
deem necessary to complete the work, and CITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.

9. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONTRACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of CITY or third parties as necessary on all matters connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

10. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.

11. CONTRACTOR STATUS. In performing the obligations set forth in this Contract, 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 of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract any third persons are employed by 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.
i. It is further understood and agreed that CONTRACTOR must issue W2 forms or other forms as required by law for income and employment ATTACHMENT A Page 7 of 33 482
tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employeremployee relationship exists by reason of this Contract.

12. ASSIGNMENT. CONTRACTOR shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the CITY, and then only upon such terms and conditions as CITY may set forth in writing.

CONTRACTOR shall be solely responsible for reimbursing subcontractors.

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

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

To CONTRACTOR: R&S Erection Tri-County, Inc. To City: Public Works Director 5265 Jerusalem Court City of Stockton
Modesto, CA 95356 22 E. Weber Ave., Rm. 301
Stockton, CA 95202

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

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

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

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

ATTACHMENT A Page 8 of 33 483

17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.

18. CONFLICTS OF INTEREST. CONTRACTOR covenants that other than this Contract, 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 or degree by the performance of CONTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.

19. WAIVER. In the event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

21. DISPUTE RESOLUTION. Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.

1. Venue
Any controversy or claim between the Parties shall be determined 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.

2. If any litigation action or proceeding is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for inhouse legal services), costs and necessary disbursements incurred in such action or proceeding.

22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.

23. INTEGRATION AND MODIFICATION. The response by CONTRACTOR to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with the CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals or Qualifications. This ATTACHMENT A Page 9 of 33 484
Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR.

26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.

IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON R&S ERECTION TRI-COUNTY, INC.

By: By:

HARRY BLACK Signature

CITY MANAGER
ATTEST:

Print Name
By:

ELIZA R. GARZA, CMC Title:

CITY CLERK
APPROVED AS TO FORM:

By:

DEPUTY CITY ATTORNEY
ATTACHMENT A Page 10 of 33 485
City of Stockton Public Works Department Project No. OM-24-069 RFP | On-Call Automatic Gate, Door & Access Control Repair Services

Page 1 of 3 ends

On-Call Automatic Gate, Door & Access Control Repair Services City Project No. OM-24-069

SCOPE OF WORK

DESCRIPTION
The Contractor shall provide on-call repair services of automatic doors, overhead doors, automatic gates, access control components and associated equipment. On-call repair services will be on an as-needed, time and materials basis. All work shall be completed in accordance with all applicable codes and industry standards. The Contractor will be required to provide full-service coverage, including labor, parts and materials to keep the doors and gates operating safely and efficiently in the manner in which they were designed.

ON-CALL REPAIR SERVICES

1. Provide on-call, as-needed repair of the City’s various automatic doors, overhead doors, automatic gates, and access control components when requested by the City.

2. Provide emergency, time-critical repair of automatic doors, overhead doors, automatic gates, and access control components at Public Safety Facilities when requested by the City.

3. Provide an appropriate level of staffing, tools and vehicles necessary to support all City maintenance and repair functions during hours of operation and for response after normal working hours.

4. Furnish and install all new parts, materials and lubricants, which are commercial grade and meet or exceed the original equipment manufacturers (OEM) specifications. Any use of parts other than those manufactured by the original equipment manufacturer shall be approved by the City’s Facilities Maintenance Supervisor and/or Contract Manager prior to utilization in specific work tasks.

5. Maintain a supply of available parts and maintain a supply system for acquisition of additional parts either immediately or with minimal delay.

6. Check in with City’s Facilities Maintenance Supervisor, Contract Manager and/or their designee upon each site visit.

7. Troubleshoot, diagnose, and develop a Scope of Work for the material and labor required to complete the repair.

ATTACHMENT A Page 11 of 33 EXHIBIT A 486
City of Stockton Public Works Department Project No. OM-24-069 RFP | On-Call Automatic Gate, Door & Access Control Repair Services

Page 2 of 3 ends

a. Develop an estimate for a non-emergency repair based on the Scope of Work and submit to Contract Manager for approval.
i. Develop potential alternatives, with costs, in cases of repairs versus replacements.
b. Proceed with the work only after authorization by City’s Facilities Maintenance Supervisor, Contract Manager and/or their designee, and complete all work in accordance with the approved cost estimate. c. Advise City’s Facilities Maintenance Supervisor, Contract Manager and/or their designee if any additional work is required and when a mechanic will return to perform said work.
i. Additional work exceeding the approved cost estimate by 10% must be approved by the Contract Manager.

8. For emergency work that must be completed immediately to maintain proper operation of Public Safety facilities:
a. Proceed with the work after authorization by City’s Facilities Maintenance Supervisor, Contract Manager and/or their designee, and complete all work.

9. Have and maintain a thorough knowledge of commercial automatic doors, overhead doors, and automatic gates. All maintenance and repairs shall be provided in accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, shall meet warranties and be in conformance to all applicable laws, codes and regulations.

10. Provide all vehicles, lifts, and tools needed for the work.

11. The Contractor shall maintain the appropriate licenses and will comply with all other license, insurance, and permit requirements of the City, State, and Federal governments as well as all other requirements of the law.

ON-CALL REPAIR SERVICE REQUIRED RESPONSE TIME

1. Possess and maintain a telephone answering system with 24 hours, 7 days per week service, capable of contacting and dispatching service personnel. a. The telephone number shall be provided to the City’s Facilities Maintenance Supervisor and Contract Manager upon commencement of the Service Contract.

2. Respond, mobilize, and be on-site ready to start work for all emergency repair requests within 2 hours, unless a longer response time is agreed to by City’s Facilities Maintenance Supervisor or Contract Manager.

ATTACHMENT A Page 12 of 33 EXHIBIT A 487
City of Stockton Public Works Department Project No. OM-24-069 RFP | On-Call Automatic Gate, Door & Access Control Repair Services

Page 3 of 3 ends

3. Respond, mobilize, and be on-site ready to start work for non-emergency repair requests within 4 hours, unless a longer response time is agreed to by the City’s Facilities Maintenance Supervisor or Contract Manager.

4. Time to respond shall start when the City calls the problem into the Contractor’s designated emergency phone number. The Contractor shall provide a call-back to the City designee within thirty (30) minutes of the initial call if unanswered by the Contractor.

5. If repairs cannot be completed upon arrival, the door or gate shall be secured in the full-open or full-closed position at the direction of the Facilities Maintenance Supervisor and/or City Contract Manager.
a. Repairs are to be completed within two working days of the initial request, or by mutual agreement with the Facilities Maintenance Supervisor and/or Contract Manager.

ATTACHMENT A Page 13 of 33 EXHIBIT A 488
On-Call Automatic Gate, Door Access Control Repair Services City Project No. OM-24-069

WORK LOCATIONS
FACILITY ADDRESS Rolling
Gates
Roll Up
Doors
Automatic
Doors
14 Mile Reservoir 5656 Feather River Drive 1
14 Mile Sanitary Pump Station 4115 W Brookside Rd. 7
8th Street & San Joaquin River Storm Station West end of 8th Street in Van Buskirk Golf Course 2 Animal Services Center 1575 S Lincoln St. 1
Arnold Rue Community Center 5758 Lorraine Avenue 3
Black Oak & 14 Mile Slough Storm Station 1749 Black Oak Dr.

Brookside and I5 Storm Station Corner of Feather River Dr and Brookside Rd 1 Brookside & Calaveras (Stagg) Storm Station 1555 W. Brookside Rd. 1 Brookside Estates Sanitary Pump Station March Lane & Buckley Cove Way 1 Cayuga, Hudson & Mosher Storm Station 8461 Cayuga Dr. 1 Cesar Chavez Library 605 N El Dorado St. 2 4
City Hall 425 N El Dorado St. 1
Corporation Yard 1465 S Lincoln St. 1 26
11373 N Lower Sacramento Rd.

Lodi, CA 95242
Drake Ave. Sanitary Pump Station 626 Drake Ave. 1
Fair Oaks Library 2370 E Main St. 2
Fire Station 1 1818 S Fresno St. 1 4
Fire Station 2 110 W Sonora St. 2 8
Fire Station 3 1116 E First St. 1 2
Fire Station 4 5525 Pacific Avenue 1 3
Fire Station 5 3499 Manthey Rd. 1 4
Fire Station 6 1501 Picardy Dr. 1 2
Fire Station 7 1767 W Hammer Lane 1 3
Fire Station 9 550 E Harding Way 1 2
Fire Station 10 2903 W March Lane 1 3
Fire Station 11 1211 E Swain Rd. 1 3
Fire Station 12 4010 E Main St. 1 2
Fire Station 13 3606 Hendrix Dr. 1 5
Fire Station 14 3019 McNabb St. 1 4
Intake Pump Station S End Empire Tract Rd & Eight Mile Rd. 2 Margaret Troke Library 502 W Benjamin Holt Dr. 1
Maya Angelou Library 2324 Pock Lane 2
Municipal Utility Department 2500 Navy Drive 16 16
North Pump Station Swenson Golf Course 1
Northwest Reservoir 10004 Trinity Pkwy. 1
Oregone Sanitary Pump Station 5455 N99 Hwy. Frontage Rd. (west of freeway) 1 Permit Center 345 N El Dorado St. 1
Police Department 22 E Market St. 2 1
Police Department Underfreeway parking El Dorado St. & E. Lafayette St. 6 Riverbend Storm Station 4502 White Forge Dr. 1
Sanguinetti Sanitary Pump Station 3722 Sanguinetti Lane 1 Sanguinetti Storm Station 3950 Sanguinetti Ln. 1
Smith Canal Sanitary Pump Station 2144 Fontana Ave. 1
Stewart Eberhardt Building 22 E Weber Avenue 4
Van Buskirk Community Center 734 Houston Avenue 1
Water Field Office 7400 West Lane 1 2
Waterloo Rd. Sanitary Pump Station 1135 Waterloo Rd. 1
Westlake Sanitary Pump Station 6210 Westlake Drive 1
Westlake Storm Pump Station 7256 Sanbucus Way 1
Weston Ranch Reservoir 826 French Camp Rd. 1
Weston Ranch Sanitary Pump Station 1625 Sacchetti Circle 1 Weston Ranch Storm Station 4327 Mist Trail Dr. 2
Wilhelmina Sanitary Pump Station 4504 E. Main St. 1
TOTALS 44 131 10
The City of Stockton reserves the right to add, modify or cancel services at existing locations without Contractor approval or prior notice. Such adjustments will be communicated in writing by the Public Works Director or his authorized representative.

Delta Water Supply Project 24 1
ATTACHMENT A Page 14 of 33 EXHIBIT A 489
R&S
ATTACHMENT A Page 15 of 33 EXHIBIT B 490
REV 2022-05-17
Exhibit C:

Insurance Requirements
(OM-24-069)
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 and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

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

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

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 ATTACHMENT A Page 16 of 33 EXHIBIT C 491
equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

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

ATTACHMENT A Page 17 of 33 EXHIBIT C 492
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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.

ATTACHMENT A Page 18 of 33 EXHIBIT C 493
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT A Page 19 of 33 EXHIBIT C 494
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.

All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.

C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.

D. All City employees and non-employees share a responsibility to assist in ATTACHMENT A Page 20 of 33 EXHIBIT D 495
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.

E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.

F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.

G. The City of Stockton prohibits retaliation against any employee or nonemployee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.

H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.

I. This policy shall be administered by the Director of Human Resources.

ATTACHMENT A Page 21 of 33 EXHIBIT D 496
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

1. Soliciting applications from a source where all or most of potential workers are of the same race or color.

2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and

3. Questioning a job applicant about the existence, nature and severity of a disability.

B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) ATTACHMENT A Page 22 of 33 EXHIBIT D 497
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.

Harassment may take many forms, including, but not limited to, the following examples:

1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made a term or condition of employment; or

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
ATTACHMENT A Page 23 of 33 EXHIBIT D 498
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14

3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.

Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.

ATTACHMENT A Page 24 of 33 EXHIBIT D 499
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date: HARASSMENT POLICY Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.

D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:

1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;

2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;

3. Testifies in a proceeding concerning such violation;

4. Assists or participates in a proceeding concerning a violation; or

5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.

An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.

IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any ATTACHMENT A Page 25 of 33 EXHIBIT D 500
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.

1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or ATTACHMENT A Page 26 of 33 EXHIBIT D 501
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.

If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.

2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or nonemployee to cease the conduct.

ATTACHMENT A Page 27 of 33 EXHIBIT D 502
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From: HARASSMENT POLICY Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.

B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.

C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.

V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is ATTACHMENT A Page 28 of 33 EXHIBIT D 503
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:

1. Identify and preserve the evidence.

2. Confirm the name and position of the complainant. Interview the complainant.

3. Allow the complainant the opportunity to place the complaint in writing.

4. Obtain the identity of the alleged harasser(s).

5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).

6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).

7. Ascertain if any threats or promises were made in connection with the alleged harassment.

8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).

9. Ascertain whether the complainant has spoken to anyone, especially ATTACHMENT A Page 29 of 33 EXHIBIT D 504
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.

10. Ascertain what resolution would be acceptable to the complainant.

11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.

12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.

13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.

14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.

15. Conduct follow-up interviews, if warranted.

16. Prepare report of findings and discuss with management and designated legal staff.

VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall ATTACHMENT A Page 30 of 33 EXHIBIT D 505
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.

B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.

C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.

D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:

1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).

2. Unfounded: The investigation proved that the act(s) or omission(s) ATTACHMENT A Page 31 of 33 EXHIBIT D 506

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09

3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.

Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.

E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.

F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.

VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.

VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these ATTACHMENT A Page 32 of 33 EXHIBIT D 507

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.

IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
ATTACHMENT A Page 33 of 33 EXHIBIT D 508
ON‐CALL AUTOMATIC GATE, DOOR, AND ACCESS CONTROL REPAIR SERVICES, PROJECT NO. OM‐24‐069 FINANCIAL BREAKDOWN BY ACCOUNTSERVICE CONTRACT ‐ JULY 1, 2024 THROUGH JUNE 30, 2029

ACCOUNT NAME FUND NAME ACCOUNT NUMBER
FY 2024‐25

NOT TO EXCEED
AMOUNT
FY 2025‐26

NOT TO EXCEED
AMOUNT
FY 2026‐27

NOT TO EXCEED
AMOUNT
FY 2027‐28

NOT TO EXCEED
AMOUNT
FY 2028‐29

NOT TO EXCEED
AMOUNT
TOTAL
Public Works Facilities Maint. Account,
Crafts Maintenance,
Maintenance & Repair
General Fund 4520‐703‐630012‐100‐000‐30‐45‐000‐000‐ $ 108,750.00 $ 108,750.00 $ 108,750.00 $ 108,750.00 $ 108,750.00 $ 543,750.00 Public Works Fleet Account,
Maintenance & Repair General Fund 4530‐700‐630012‐500‐000‐00‐45‐000‐000‐ $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 10,000.00 MUD Account,Water Field Office,
Maintenance & Repair
Stockton WaterDistrict Fund 6514‐000‐630013‐600‐000‐00‐65‐000‐000‐ $ 1,250.00 $ 1,250.00 $ 1,250.00 $ 1,250.00 $ 1,250.00 $ 6,250.00 MUD Account,RWCF Buildings,Maintenance & Repair
Stockton WaterDistrict Fund 6512‐000‐630013‐610‐000‐00‐65‐000‐000‐ $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 125,000.00 MUD Account,Sanitary Pump Stations,Maintenance & Repair Stockton WaterDistrict Fund 6512‐513‐630013‐610‐000‐00‐65‐000‐000‐ $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 25,000.00 MUD Account,Storm Pump Stations,Maintenance & Repair
Stockton WaterDistrict Fund 6512‐513‐630013‐610‐000‐00‐65‐000‐000‐ $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 25,000.00 Community Development Account,Permit Center,Maintenance & Repairs DevelopmentServices Fund 5510‐000‐630013‐220‐221‐10‐55‐000‐000‐ $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 15,000.00 TOTALS $ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 $750,000.00

ATTACHMENT B
509
City of Stockton
Legislation Text
File #: 24-0220, Version: 1
AUTHORIZE A COOPERATIVE PURCHASE AGREEMENT WITH ROUTEWARE GLOBAL, INC.

THROUGH SOURCEWELL FOR THE PURCHASE OF CLOUD-BASED SOFTWARE FOR

COMPLIANCE TRACKING

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

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

2. Authorize a cooperative purchase agreement with Sourcewell for the purchase of CloudBased Software for Compliance Tracking, Record Keeping, and Reporting, related to Senate Bill 1383, in the amount of $45,506 for implementation and service support fees through May 28, 2025.

3. Authorize the City Manager to exercise an option to extend the term by one year in the amount of $37,390, by written amendment.

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

Summary
The Waste and Recycling Division of Public Works is responsible for submitting required annual reports to the Department of Resources Recycling and Recovery (CalRecycle). Information is gathered from various sources and compiled for annual submittal requiring a great level of effort to track multiple programs and generator compliance. With the implementation of Senate Bill (SB) 1383 underway, new programs and responsibilities have introduced greater challenges to recordkeeping compliance.

The proposed software purchase, which is specifically designed for the management of solid waste programs in California, provides a solution to reporting mandates and centralizes records into one location.

The implementation fee and service through May 28, 2025, which is the termination date of the Cooperative Agreement, totals $45,506. The Cooperative Agreement may be extended by one year.

The ongoing cost of maintaining records and producing reports is $37,390 annually.

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File #: 24-0220, Version: 1

DISCUSSION
Background
SB 1383 (Lara, Chapter 395, Statutes of 2016) establishes ambitious mandates to reduce short-lived climate pollutants. SB 1383 established a target to achieve a 50 percent reduction in the level of statewide organic waste disposal in landfills from the 2014 level by 2020, and the law establishes a 75 percent reduction by 2025. This law grants CalRecycle the regulatory authority to achieve the organic waste disposal reduction targets and establishes that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025. The regulations are extensive and require local jurisdictions to maintain records related to the following activities and programs:
· Compliance with organic waste collection services for residential and commercial customers · Container contamination minimization
· Waivers and exemptions
· Education and outreach
· Franchise waste hauler program records
· Edible food recovery
· Procurement of recovered organic waste products
· Complaints
· Enforcement
Documents to support compliance must be maintained in an Implementation Record stored in a central location that must be made available to CalRecycle within 10 business days. Additionally, the City is required to submit an Electronic Annual Report (EAR) to CalRecycle which includes extensive data from multiple sources, including information related to the above-listed programs.

The EAR is a comprehensive report involving detailed waste generator counts, summaries about diversion programs, related tonnages, specialized waste streams (e.g., appliances, construction debris, electronic waste, tires, etc.), and residential, commercial, and multi-family recycling programs.

Information is gathered from various sources and compiled for annual submittal requiring a great level of detail and effort to track multiple programs and generator compliance. A recordkeeping tool or “Program Tracker” modeled to fulfill CalRecycle requirements is desired. Routeware Global, Inc. (Routeware) possesses the sought-after technology platform designed specifically for municipal solid waste and recycling management.

The City received funding through CalRecycle’s SB 1383 Local Assistance Grant Program to assist with the costs of implementing and complying with SB 1383’s programmatic, enforcement, recordkeeping, and reporting requirements. The proposed software purchase is an allowable cost under the grant. The recommendation to purchase Program Tracker software will allow staff to maintain a central and robust tracking system for its commercial and multi-family recycling programs, SB 1383 program implementation, and EAR submittal. The software can aggregate multiple sources of data and will streamline annual reporting to CalRecycle, saving valuable staff time.

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File #: 24-0220, Version: 1
Present Situation
Currently, staff compiles data from multiple sources via spreadsheets and other documents to prepare reports and maintain records of its programs. Staff is not equipped with the automated tools designed to encompass all components of its programs in real time, especially the requirements concerning SB 1383 (e.g., route reviews, contamination monitoring, waivers, and enforcement). The ability to document inspections and track multiple components of the City’s required recycling programs in real-time and manage large volumes of data from multiple sources has become more important with the expansion of recycling laws. Recordkeeping and reporting are critical compliance elements of SB 1383.

Staff has evaluated other software programs to meet recycling mandates, compliance tracking, and recordkeeping. Staff did not find a software solution comparable to the cloud-based software offered by Routeware. The Program Tracker offered by Routeware is uniquely designed for the management of solid waste and recycling programs because it addresses California’s comprehensive reporting requirements and data centralization. Over 150 jurisdictions statewide use Routeware’s Program Tracker to manage their recycling programs. This highly desirable cloud-based program offers the functionality to track activities, compliance levels, and share real-time information with others.

The software includes streamlined dashboards with at-a-glance summaries including graphical representations of data that will provide staff with the status of multiple programs. The ease of at-aglance information can be leveraged to plan for the next steps in meeting waste diversion goals and to establish targeted outreach. Access to real-time data will be instrumental in measuring progress and identifying areas for improvement.

Staff submitted a budget to CalRecycle that included software to support recordkeeping and reporting requirements. Public Works’ Waste and Recycling Division intends to use funding from the SB 1383 Local Assistance Grant Program to cover costs. In addition to a one-time software implementation fee of $5,000, the annual support fees are as follows:

Support Fees Description Annual Fee
Program Tracker Environmental Management $27,390
RST Data Import Prepaid $1,000 each franchise hauler, 4 per year $ 8,000 Open Market Data Surcharge Recurring $ 2,000
Costs are anticipated to be $45,506 through the Cooperative Agreement term date of May 28, 2025.

It will take approximately 6 to 8 weeks to complete initial implementation, which includes staff training. Staff will collaborate with its franchise service haulers, Sunrise Sanitation, Inc. (Republic Services) and USA Waste of California, Inc. (Waste Management) to build the Program Tracker and receive data from the service haulers’ systems. Data imports from each franchise haulers’ system will occur quarterly. In addition, staff will be able to update records manually, as needed.

Findings
Pursuant to Stockton Municipal Code section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. justify the purchase through a cooperative purchase agreement.

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File #: 24-0220, Version: 1
These findings include:

1. Sourcewell established a cooperative purchase agreement with Routeware to provide a contracting solution, for participating entities in the United States and Canada, for the purpose of providing Plastic Refuse and Recycling Containers with Related Technology Solutions, which includes the “Program Tracker”, a cloud-based product and service that will provide the City with an automated technology solution for its programmatic enforcement, recordkeeping, and reporting to meet SB 1383 compliance and assist with EAR submittals.

2. The bid specifications used by Sourcewell have been assessed by the Administrative Services Department’s Procurement Division as compatible with the City’s standards with regards to formal processes, lowest pricing, awarded contracts, and language allowing public agencies to avail of such process and pricing.

3. The Program Tracker cloud-based software is being used by more than 150 jurisdictions across California because the technology solution emulates CalRecycle’s reporting requirements and there are no other known technology solutions on the market that offer the full scope of services, features, and functionality specific to waste and recycling management.

FINANCIAL SUMMARY
There are sufficient funds available in SB 1383 Grant, Project No. WC23038, to cover the cost of this cooperative purchasing agreement.

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

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING A COOPERATIVE PURCHASE AGREEMENT WITH ROUTEWARE GLOBAL, INC. THROUGH SOURCEWELL FOR THE PURCHASE OF

CLOUD-BASED SOFTWARE FOR COMPLIANCE TRACKING
The Waste and Recycling Division of Public Works is responsible for submitting required annual reports to the Department of Resources Recycling and Recovery (CalRecycle). Information is gathered from various sources and compiled for annual submittal requiring a great level of effort to track multiple programs and generator compliance. With the implementation of SB 1383 underway, new programs and responsibilities have introduced greater challenges to recordkeeping compliance; and To obtain services which meet the needs of the Waste and Recycling Division of Public Works, staff reviewed the offerings and capabilities under Sourcewell cooperative agreement 041521 with Routeware Global, Inc. (Routeware); and Staff verified the Sourcewell agreement met competitive processes which were acceptable to the Waste and Recycling Division of Public Works. Staff evaluated the services and products offered by Routeware and confirmed they met the technology solution emulates CalRecycle’s reporting requirements and functionality specific to waste and recycling management collective bargaining agreements; now, therefore,

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

1. The City Council approves findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. These findings include:
a. Sourcewell established a cooperative purchase agreement with Routeware to provide a contracting solution, for participating entities in the United States and Canada, for the purpose of providing Plastic Refuse and Recycling Containers with Related Technology Solutions, which includes the “Program Tracker”, a cloud-based product and service that will provide the City with an automated technology solution for its programmatic enforcement, recordkeeping, and reporting to meet SB 1383 compliance and assist with Electronic Annual Report submittals.
b. The bid specifications used by Sourcewell have been assessed by the Administrative Services Department’s Procurement Division as compatible with the City’s standards with regards to formal processes, lowest pricing, awarded contracts, and language allowing public agencies to avail of such process and pricing.
514
c. The Program Tracker cloud-based software is being used by more than 150 jurisdictions across California because the technology solution emulates CalRecycle’s reporting requirements and there are no other known technology solutions on the market that offer the full scope of services, features, and functionality specific to waste and recycling management.

2. The City Council authorizes the use of a cooperative purchase agreement with Sourcewell for the purchase of Cloud-Based Software for Compliance Tracking, Record Keeping, and Reporting, related to SB 1383, in the amount of $45,506 for implementation and service support fees through May 28, 2025, a copy of which is attached as Exhibit 1 and incorporated by this reference.

3. The City Council authorizes the City Manager to exercise an option to extend the term by one year in the amount of $37,390, by written amendment.

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

PASSED, APPROVED, and ADOPTED May 21, 2024 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
515
(Rev. 9.30.22)

COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:

1. Cooperative/Piggyback
Name:

Sourcewell and City of Stockton

2. Contractor: Routeware Global Inc.

3. Cooperative Agency
Agreement Name and
Agreement Number:

Plastic Refuse and Recycling Containers with
Related Technology Solutions, Agreement number
041521

4. Cooperative Agency Initial
Agreement Term:

Start Date: May 25, 2021
End Date: May 28, 2025

5. Cooperative Agency’s
Agreement-Options to
extend:

One (1) additional one (1) year option

6. Cooperative Agency
Amended Term:

N/A

7. Cooperative Agency
Remaining Options to
Renew:

One (1) year option to renew

8. City of Stockton
Cooperative Purchase
Agreement Term:

Start Date: upon execution
End Date: May 28, 2025

9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:

Not to Exceed $46,000 for the term of the
Agreement.

AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced Plastic Refuse and Recycling Containers with Related Technology Solutions, Agreement number 041521 (“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).

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City Council and Concurrent AuthoritiesMay 21, 2024

City Council and Concurrent Authorities
May 21, 2024