City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Kevin J. Lincoln II, Mayor/Chair (At Large)
Kimberly Warmsley, VIce Mayor (District 6)
Michele Padilla (District 1)
Daniel R. Wright (District 2)
Michael Blower (District 3)
Susan Lenz (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, July 9, 2024 4:00 PM
Closed Session 4:00 PM :: Regular Session 5:30 PM
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 24-0653 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Manager
This Closed Session is authorized pursuant to Government Code section 54957(b).
Department: City Attorney
3.2 24-0654 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Attorney
This Closed Session is authorized pursuant to Government Code section 54957(b).
Department: City Attorney
3.3 24-0655 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: Interim City Clerk
This Closed Session is authorized pursuant to Government Code section 54957(b).
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Department: City Attorney
3.4 24-0665 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: City Manager Harry Black Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.
Department: City Attorney
4. CLOSED SESSION PUBLIC COMMENT*
5. RECESS TO CLOSED SESSION
6. REGULAR SESSION CALL TO ORDER/ROLL CALL
7. INVOCATION/PLEDGE TO FLAG
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
9. ADDITIONS TO REGULAR SESSION AGENDA***
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 24-0572 PROCLAMATION - PARK AND RECREATION MONTH - JULY Department: Office of the Mayor
10.2 24-0711 CERTIFICATE OF RECOGNITION - SAINT MARY’S HIGHSCHOOL
BASEBALL TEAM
Department: Office of the Mayor
10.3 24-0712 PROCLAMATION - BALLOONS OVER BULLETS
Department: Office of the Mayor
11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
12. CONSENT AGENDA
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12.1 24-0666 APPOINTMENT TO COMMUNITY DEVELOPMENT COMMITTEE Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the appointment of Fernando Duarte to the Community Development Committee for a term commencing immediately and expiring June 30, 2027.
Department: City Clerk
Attachment A - CDC Application
Proposed Resolution - Appointment CDC
Attachments:
12.2 24-0682 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of June 4, 2024 and June 5, 2024
Department: City Clerk
Attachment A – 2024-06-04 Minutes.pdf
Attachment B – 2024-06-05 Minutes.pdf
Attachments:
12.3 24-0641 ADOPT A RESOLUTION TO AWARD A CONTRACT FOR
CONSULTANT SERVICES FOR DEVELOPMENT OF THE NEW
COMPREHENSIVE CLIMATE ACTION & ADAPTATION PLAN IN THE
AMOUNT OF $1,000,000
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process;
2. Authorize the City Manager to execute a contract for specialized services from AECOM in the amount of $1,000,000;
It is also recommended that the City Council authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Department: City Manager
Proposed Resolution
Exhibit 1 - AECOM Agreement
Attachments:
12.4 24-0693 ADOPT A RESOLUTION AUTHORIZING A REIMBURSEMENT AGREEMENT WITH H. D. ARNAIZ CORPORATION FOR DESIGN,
CONSTRUCTION, CONSTRUCTION MANAGEMENT, AND PROJECT
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MANAGEMENT SERVICES FOR THE NORTHEAST STOCKTON
WATER TRANSMISSION MAIN
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize a reimbursement agreement with H. D. Arnaiz Corporation, Inc. in the estimated amount of $15,817,379.38 for design, construction, construction management, and project management services for the Northeast Stockton Water Transmission Main (Exhibit 1 to the Resolution).
2. Authorize the reappropriation of $7,299,000 from the capital project West, East and South Bear Creek Oversizing Reimbursements (UH21001) to the Cannery Park Water Transmission Reimbursement Project (UH24003).
It is further recommended that the City Manager be authorized to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Attachment A - Project Map
Proposed Resolution
Exhibit 1 - Reimbursement Agreement
Attachments:
12.5 24-0689 ADOPT A RESOLUTION APPOINTING MEMBERS OF THE STRONG
COMMUNITIES ADVISORY COMMITTEE
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution appointing Erin Martin and Julie Dunning to the Strong Communities Advisory Committee to fill a partial term commencing immediately appointment and ending January 31, 2025
Department: City Clerk
Attachment A - Redacted Applications
Proposed Resolution
Attachments:
12.6 24-0659 ADOPT A RESOLUTION TO ACCEPT $1.7M
CALIFORNIANSFORALL YOUTH JOBS CORPS ROUND 2 GRANT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Ratify a grant agreement with California Volunteers in the amount of $1,773,664.00; and
2. Authorize the City Manager to appropriate grant funds for the CaliforniansForAll Youth Jobs Corps in the amount of $1,773,664.00.
It is also recommended that the City Manager be authorized to take any appropriate and necessary actions to carry out the purpose and intent of the resolution.
Department: City Manager
Proposed Resolution - CFA Youth Jobs Corps Round 2
Exhbit 1 - Completed Agreement CA4All
Attachments:
12.7 24-0453 APPROVE CONTRACT WITH GROW AMERICA TO PREPARE THE CITY’S 2025-2029 CONSOLIDATED PLAN AND ASSOCIATED
ACTIVITIES AS A STANDARD REQUIREMENT FOR RECEIVING
FEDERAL FUNDING
Recommended Action: RECOMMENDATION
It is recommended that the City Council authorize by motion:
1. A contract in the amount of $140,000 from a combination of Community Development Block Grant (CDBG), Home Investment Partnership Program (HOME), and Low- and Moderate-Income Housing Asset Fund (LMIHF) funds to Grow America for consulting services to prepare the City's 2025-2029 Consolidated Plan and associated activities as a standard requirement from the Department of Housing and Urban Development to receive Federal funding; and
2. The execution of the Standard Agreement substantially similar in form to Attachment A.
It is also recommended that the City Council authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of the motion.
Department: Economic Development
Attachments: Attachment A - Grow America - Standard Agreement
12.8 24-0650 APPROVE A RESOLUTION SUPPORTING THE SAN JOAQUIN COUNCIL OF GOVERNMENTS’ (SJCOG) PURSUIT OF THE SAN
JOAQUIN REGIONAL HOUSING FUND AND CITY OF STOCKTON
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Supporting the San Joaquin Council of Governments' (SJCOG) pursuit of the Housing Trust Fund ("San Joaquin Regional Housing Fund Inc.").
2. Approving the City of Stockton's participation in planning and implementation activities of the San Joaquin Regional Housing Fund Inc. to accelerate housing production and housing-related initiatives.
Department: Economic Development
Attachments: Proposed Resolution - San Joaquin Regional Housing Fund
12.9 24-0637 AUTHORIZE THE CITY MANAGER TO APPROVE A THREE-YEAR AGREEMENT WITH CSG CONSULTANTS, INC. FOR FIRE PLAN
REVIEW SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute a three-year agreement with CSG Consultants, Inc. to provide fire plan review services for an amount not to exceed $210,000;
2. Approve findings that support an exception to the competitive bidding process; and
3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Fire
Attachments: Attachment A - Fire Plan Review Services Agreement
12.10 24-0640 APPROVE RESOLUTION TO APPROVE THE ADOPTION OF THE
PUBLICLY AVAILABLE CITY-WIDE SALARY AND PAY SCHEDULE
AS REQUIRED BY CALPERS FOR FISCAL YEAR 2024-2025
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution approving a publicly available pay schedule effective July 1, 2024, to provide comprehensive information on salary compensation used to determine pension amounts in retirement for all City of Stockton job classifications and make the document available on the City's website.
Department: Human Resources
Proposed Resolution
Exhibit 1 - Salary Schedule
Attachments:
12.11 24-0643 APPROVE MOTION TO EXECUTE A ONE-YEAR
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COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT, WITH TWO
(2) ADDITIONAL ONE (1) YEAR OPTIONS TO EXTEND WITH CITY OF
FREMONT FOR PEREGRINE IN AN AMOUNT NOT TO EXCEED
$233,500
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute a one-year
Cooperative/Piggyback Purchase Agreement with two (2) one (1) year options to extend between the City of Stockton and Peregrine for real time data visualization platform to integrate a broad range of current and evolving technologies not to exceed $233,500;
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
3. It is further recommended that the City Manager is hereby authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Department: Police
Attachments: Attachment A – Peregrine Cooperative Agreement
12.12 24-0561 APPROVE MOTION TO ADOPT STANDARD AGREEMENT AMENDMENT NO. 1 BETWEEN FLOCK GROUP INC. AND THE CITY
OF STOCKTON IN AN AMOUNT OF $877,600 FOR THE
INTEGRATION OF PREPARED 911 SOFTWARE
Recommended Action: RECOMMENDATION
It is recommended that City Council approve a motion to:
1. Authorize the City Manager to approve Standard Agreement Amendment No. 1 between Flock Group Inc. and the City of Stockton (City), increasing the Compensation subsection by a maximum not to exceed amount of $877,600 for the integration of Prepared 911 software; and
2. It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Department: Police
Attachments: Attachment A – Amendment 1 - Flock Group Inc.
12.13 24-0576 APPROVE RESOLUTION OVERRULING PROTESTS, CONFIRMING
ASSESSMENT OF DELINQUENT CODE ENFORCEMENT
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CHARGES, AND DIRECTING THE ASSESSMENTS BE PLACED ON
THE SAN JOAQUIN COUNTY TAX ASSESSOR’S ROLL
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a Resolution overruling protests and confirming the assessment of the delinquent charges listed in the "2024 NSS Assessment List - Delinquent Accounts" stemming from code enforcement actions against the affected properties, and directing the assessments be placed on the San Joaquin County Tax Assessor's Roll.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Department: Police
Attachment A - Administrative Order for 2024 Assessments Proposed Resolution - 2024 Assessment of Delinquent Balances Exhibit 1 - 2024 NSS Assessment List - Deliquent Accounts Attachments:
12.14 24-0662 ADOPT RESOLUTION TO AUTHORIZE THE SAFE ROUTES TO
SCHOOL SAFETY AND CONNECTIVITY IMPROVEMENTS PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council�approve a resolution to:
1. Appropriate $210,000 from the Traffic Signal Public Facilities Fee Fund Balance to the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No.
ATPSCML-5008(189).
2. Appropriate $340,000 from the Street Improvements Public Facilities Fee Fund Balance to the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No.
ATPSCML-5008(189).
3. Appropriate $1,040,353 from the Air Quality Public Facilities Fee Fund Balance to the Safe Routes to School Safety and Connectivity Improvements, Project No WT19005/Federal Project No.
ATPSCML-5008(189).
4. Transfer $373,393 of Measure K funds from the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005, to the Measure K Fund Balance.
5. Approve the Notice of Exemption No. NOE78-21 under the California Environmental Quality Act for Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No.
ATPSCML-5008(189).
6. Approve the plans and specifications for the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No. ATPSCML-5008(189).
7. Award a Construction Contract in the amount of $5,521,230 to Dirt Dynasty, Inc. of Farmington, CA, for the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No.
ATPSCML-5008(189).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - NOE78-21
Exhibit 2 - Construction Contract
Attachments:
12.15 24-0663 RESOLUTION SETTING A PUBLIC HEARING TO ESTABLISH AN
UNDERGROUND UTILITY DISTRICT ALONG LOWER
SACRAMENTO ROAD
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Set a public hearing for August 20, 2024, to determine whether public necessity, health, safety, or welfare requires the formation of an underground utility district along Lower Sacramento Road pursuant to Stockton Municipal Code section 13.36.020.
2. Authorize the City Clerk to notify all affected property owners by mail of the public hearing pursuant to Stockton Municipal Code section 13.36.020.
3. Authorize the City Clerk to publish notice of this public hearing in a newspaper of local circulation, at least ten (10) days prior to said hearing.
4. Approve the proposed area to be included in the Lower Sacramento Road Underground Utility District.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Attachment A - Chapter 13.36 Regulations
Proposed Resolution
Exhibit 1 - District Utility Map
Attachments:
12.16 24-0681 APPROVE MOTION TO RATIFY EXECUTION OF A FUNDS
TRANSFER AGREEMENT FOR THE REDEVELOPMENT ON THE
MIRACLE MILE: PUBLIC SAFTETY/MAINTENANCE
SUBSTATION/PARKING
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to ratify the City Manager executing a Funds Transfer Agreement between the City of Stockton and the California Department of Transportation for a total of $3,100,000 for the Redevelopment on the Miracle Mile: Public Safety/Maintenance Substation/Parking.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Public Works
Attachment A - Vicinity Map
Attachment B - Funds Transfer Agreement
Attachments:
13. ADMINISTRATIVE MATTERS
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14. UNFINISHED BUSINESS
15. NEW BUSINESS
15.1 24-0642 COMMUNITY SUPPORT GRANT PROGRAM FUNDED THROUGH
THE AMERICAN RESCUE PLAN ACT (ARPA) UPDATE
Recommended Action: RECOMMENDATION
Informational only; no action to be taken.
Department: Economic Development
Attachments: PPT - 15.1 - Community Support Grant Program Update
15.2 24-0560 COMMUNITY MEDICAL CENTERS PROJECT UPDATES:
COMMUNITY WELL-BEING CRISIS INTERVENTION PROJECT AND
OPIOID SETTLEMENT AGREEMENTS
Recommended Action: RECOMMENDATION
Informational only; no action to be taken.
Department: City Manager
Attachments: PPT - 15.2 - CMC Project Updates
15.3 24-0624 ADOPTION OF PROPOSED REDLINE CHANGES TO CHAPTERS
3.02 AND 3.03 OF THE COUNCIL POLICY MANUAL
Recommended Action: RECOMMENDATION
Staff recommends that the City Council adopt by resolution the proposed redline changes to Chapters 3.02 and 3.03 of the Council Policy Manual.
Department: City Clerk
Attachment A - CPM Chapter 3.02 - Redline
Attachment B - CPM Chapter 3.03 - Redline
Proposed Resolution
Exhibit 1 - CPM Chapter 3.02
Exhibit 2 - CPM Chapter 3.03
PPT - 15.3 - CPM Chapters 3.2 and 3.03
Attachments:
15.4 24-0696 DISCUSSION REGARDING CAMPING ON CITY PROPERTY (GRANTS PASS DECISION)
Recommended Action: RECOMMENDATION
Informational only; no action to be taken.
Department: City Attorney
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15.5 24-0564 AUTHORIZE THE ISSUANCE AND SALE OF STOCKTON PUBLIC
FINANCING AUTHORITY WASTEWATER REVENUE REFUNDING
BONDS (WASTEWATER REFUNDING PROJECT), SERIES 2024
(THE “2024 BONDS”) TO ACHIEVE SAVINGS BY REFUNDING THE
OUTSTANDING WASTEWATER REVENUE REFUNDING BONDS,
SERIES 2014
Recommended Action: RECOMMENDATION
Staff recommends the City of Stockton and the Stockton Public Financing Authority authorize the issuance and sale of the 2024 Bonds, in a principal amount not-to-exceed $32,000,000, to refund the remaining Wastewater Revenue Refunding Bonds, Series 2014 (the "2014 Bonds"), of which $34,710,000 is currently outstanding and $29,620,000 will be outstanding after September 1, 2024.
Resolution of the City of Stockton: This Resolution authorizes the form of and the execution and delivery of an Installment Purchase Contract, Bond Purchase Contract, Continuing Disclosure Certificate and Official Statement all relating to the issuance of the 2024 Bonds and approving certain actions in connection therewith.
Resolution of the Stockton Public Financing Authority: This Resolution authorizes the issuance and sale of the 2024 Bonds in an aggregate principal amount not to exceed $32,000,000; approves the form of and authorizes the execution and delivery of an Indenture, an Installment Purchase Contract, a Bond Purchase Contract, and an Official Statement all relating to the issuance of the 2024 Bonds and approving certain actions in connection therewith.
The Resolutions also approve the execution of all documents and other actions related to the issuance of the 2024 bonds and that the Chair of the Authority (Mayor), Executive Director of the Authority (City Manager), Treasurer of the Authority (Chief Financial Officer) or their designee be authorized to take appropriate and necessary actions to carry out the purpose and intent of the Resolutions (Exhibits 1-5 to both resolutions).
Department: Administrative Services
SPFA Proposed Resolution
City Proposed Resolution
Exhibit 1 - Good Faith Estimate
Exhibit 2 - Form of the Indenture
Exhibit 3 - Form of the Installment Sale Agreement
Exhibit 4 - Form of the Bond Purchase Agreement
Exhibit 5 - Form of the Preliminary Official Statement
PPT - 15.5 - 2024 Bonds
Attachments:
15.6 24-0664 ADOPT A RESOLUTION APPROVING MEASURE A EXPENDITURE City of Stockton Page 12 Printed on 7/5/2024
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GUIDELINES
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a Resolution to:
1. Approve the Measure A Expenditure Guidelines (Exhibit 1 to the proposed Resolution); and
2. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of the Resolution.
Department: Administrative Services
Attachment A - FY 2024-25 Measure A Expenditure Plan
Proposed Resolution
Exhibit 1 - Measure A Guidelines
PPT - 15.6 - Measure A Expenditure Guidelines
Attachments:
15.7 24-0694 ACCEPT THE FISCAL YEAR 2023-24 FIRST AND SECOND
QUARTER BUDGET STATUS UPDATE AND AUTHORIZE BUDGET
AMENDMENTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Accept this budget status report on the unaudited results through the second quarter of Fiscal Year (FY) 2023-24.
2. Authorize a budget amendment to increase expenditure appropriation by $363,979 from the Development Services Fund (220) balance to cover the Information Technology Internal Services Fund expense.
3. Authorize a budget amendment to increase expenditure appropriation by $110,508 from the Development Services Fund (220) balance and $208,727 from the Measure K Fund (250) balance to cover Indirect Costs.
4. Authorize a budget amendment of $145,000 in the Public Works Department to reflect a transfer of Measure K funds between two capital projects.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Department: Administrative Services
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Attachment A - FY 2023-24 GF 1st and 2nd Quarter Budget Update Attachment B - FY 2023-24 1st and 2nd Quarter Revenue Summary Attachment C - FY 2023-24 1st and 2nd Quarter for Other Major Funds Proposed Resolution - FY 2023-24 1st and 2nd Quarter
PPT - 15.7 - FY 2023-24 1st and 2nd Quarters Budget Report Attachments:
15.8 24-0648 DISCUSS AND CONSIDER A RESOLUTION TO AUTHORIZE APPROPRIATION OF $3,000,000 FROM THE GENERAL FUND TO
CITY COUNCIL PRIORITY PROJECTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council discuss and consider a resolution recommended by the Council Budget/Finance/Economic Development Committee authorizing a FY 2024-25 General Fund appropriation and any necessary transfers of $3,000,000 to eleven City Council priority projects.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Administrative Services
Proposed Resolution
Exhibit 1 - FY 2024-25 Recommended Projects
PPT - 15.8 - Appropriation for Council Priority Projects Attachments:
16. HEARINGS**
16.1 24-0357 ADOPTION OF A RESOLUTION APPROVING AMENDMENTS TO THE CITY’S GENERAL PLAN TO ADOPT THE 2023-2031 HOUSING
ELEMENT AND REVISE THE SAFETY ELEMENT TO COMPLY WITH
STATE LAW
Recommended Action: RECOMMENDATION
It is recommended that City Council:
1. Find no further environmental review is required per California Environmental Quality Act (CEQA) Guidelines Section 15183 (Consistency with a Community Plan or General Plan); and
2. Adopt a Resolution amending the Stockton General Plan to approve the 2023-2031 Housing Element and update the Safety Element for consistency with State Law.
It is also recommended that the City Manager be authorized to submit the 2023-2031 Housing Element for state certification and take appropriate and necessary actions to carry out the purpose and intent of the resolution.
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Department: Community Development
Attachment A - Draft 2023-2031 Housing Element (Redline) Attachment B - Draft Safety Element Background Report
Attachment C - Draft Amended Safety Element (Redline)
Attachment D - HCD Compliance Letter
Attachment E - Approved Resolution 2024-06-13-0501
Proposed Resolution
Exhibit 1 - Draft 2023-2031 Housing Element
Exhibit 2 - Draft Safety Element December 2023
PPT - 16.1 - General Plan Amendment
Attachments:
16.2 24-0486 ADOPTION OF AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE, SECTION 16.80.390 RELATED TO
INDUSTRIAL WAREHOUSE STANDARDS
Recommended Action: RECOMMENDATION
It is recommended that the City Council:
1. Find the proposed ordinance is exempt pursuant to the California Environmental Quality Act (CEQA) Section 15061(b)(3), and that no future environmental review is required for proposed code amendments pursuant to CEQA Section 15183 (Consistency with General Plan and Community Plan); and
2. Adopt an Ordinance Amending Title 16 (Development Code) of the Stockton Municipal Code (SMC), Chapter 16.80 Standards for Specific Land Uses, Section 16.80.390 Industrial Warehouse Standards, to include certain modifications.
Department: Community Development
Attachment A - Approved Warehouse Ordinance
Attachment B - Public Comments
Attachment C - Public Workshop Materials
Attachment D - Proposed Ordinance Redline Strikeout
Attachment E - Feasability Study
Attachment F - Approved Resolution 2024-05-09-0501
Proposed Ordinance
PPT - 16.2 - Modifications to Industrial Warehouse Standards Attachments:
16.3 24-0667 PUBLIC HEARING TO APPROVE A RESOLUTION OVERRULING
PROTESTS, ADOPTING THE DELINQUENT UTILITY SERVICE
ASSESSMENT REPORT, AND DIRECTING THE ASSESSMENTS BE
PLACED ON THE SAN JOAQUIN COUNTY TREASURER-TAX
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COLLECTOR’S TAX ROLL
Recommended Action: RECOMMENDATION
Conduct a public hearing to consider all objections or protests to the proposed Delinquent Utility Service Charges, 2024 Assessment Report ("2024 Assessment Report") for delinquent water, wastewater, stormwater, and solid waste collection service charges ("utility service charges") incurred by property owners.
After the public hearing, if a majority protest does not exist, it is recommended that the City Council approve a resolution to:
1. Overrule all public protests;
2. Confirm the unpaid utility service charges set forth in the 2024 Assessment Report;
3. Adopt the 2024 Assessment Report;
4. Direct the assessments to be placed on the San Joaquin County Treasurer-Tax Collector's Tax Roll; and
5. Authorize the City Manager to take any necessary and appropriate actions to carry out the purpose and intent of the resolution.
Department: Administrative Services
Attachment A - Administrative Orders
Proposed Resolution
Exhibit 1 - 2024 Assessments
PPT - 16.3 - PH Delinquent Utility Service
Attachments:
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
INFORMATIONAL ITEMS
1 24-0680 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.
Department: City Clerk
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the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Council Budget 2024-05-01
Measure A 2022-10-03
Measure A 2023-11-20
PC 2023-11-09
PC 2024-03-28
PC 2024-04-11
Attachments:
CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on July 5, 2024 in compliance with the Brown Act.
Katherine Roland, CMC, CPMC
Interim City Clerk
By: ________________________________
Deputy
City of Stockton Page 17 Printed on 7/5/2024
17 City Council/Successor Agency to July 9, 2024
the Redevelopment Agency/Public
Financing Authority/Parking
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Meeting Agenda - Final
PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. Each speaker is limited to two minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.
The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:
1. Email - you may email your comments to [email protected]
2. Voicemail - you can leave a voice message by dialing (209) 937-8459.
3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please redirect any inquiries to [email protected]. b) Address only issues over which the meeting body has jurisdiction. c) Each speaker will be limited to one 2-minute comment opportunity. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached the minutes. All comments received after that time will be forwarded as correspondence the following business day. ***Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members of the City Council present at the meeting to take immediate action, with either a two-thirds or unanimous vote, to place an item on the agenda that action must be taken and that the item came to the attention of the City subsequent to the agenda being posted.
All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one.
In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are a person with a disability and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8458, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.
Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.
CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will City of Stockton Page 18 Printed on 7/5/2024
18 City Council/Successor Agency to July 9, 2024
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
City of Stockton Page 19 Printed on 7/5/2024
19 City of Stockton
Legislation Text
File #: 24-0666, Version: 1
APPOINTMENT TO COMMUNITY DEVELOPMENT COMMITTEE
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the appointment of Fernando Duarte to the Community Development Committee for a term commencing immediately and expiring June 30, 2027.
Summary
Due to the resignation of Rajan Nathaniel, there is currently a vacancy for the District 1 appointment on the Community Development Committee. Councilmember Padilla was provided with applications for her review and is nominating Fernando Duarte to complete the remaining term as the District 1 appointment.
DISCUSSION
Background
The Community Development Committee is a committee that provides the Council with recommendations on the planning and use of funds that the City receives from the U.S. Department of Housing and Urban Development, including Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grant funds. As provided for in the Council-adopted Citizen’s Participation Plan, appointments to the Community Development Committee are made by each of the six Councilmembers and the Mayor. Appointments are for four years, except when an appointee is filling the remaining term of a vacated position. The only requirement to serve on the Committee is that the applicant must be a resident of the City of Stockton.
Present Situation
Councilmember Padilla reviewed applications and made the following nomination for appointment:
Fernando Duarte
FINANCIAL SUMMARY
Members of the CDC do not receive remuneration.
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Attachments
Attachment A - Redacted Application
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21 Submit Date: Mar 27, 2024
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 1
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
14 months
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Fernando Duarte
STOCKTON CA
Fernando Fernando Attachment A
22 Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
If yes, please list
Salary setting Committee.
Which Boards would you like to apply for?
Community Development Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am passionate about improving the quality of life for everyone. I am also an active member of our community that wants to see Stockton thrive. I am a father, husband, business owner and hold a degree from CSU Stanislaus.
Please state the reason you would like to be a member of this board/commission.
I bring my experience, education and integrity to the board to be able to make an impact.
Have you served on an advisory group before?
Yes No
Fernando Fernando
Attachment A23
If yes, please explain.
Salary Setting Commitee
How did you hear about the position?
Former council member
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
Fd
Date Signed
3.27.24 Fernando Fernando
Attachment A24
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING AN APPOINTMENT TO THE COMMUNITY
DEVELOPMENT COMMITTEE
Appointments to the Community Development Committee are made by each of the six Councilmembers and the Mayor; and
Due to the resignation of the District 1 appointee, Rajan Nathanal, there is currently a vacancy on the Community Development Committee; and Councilmember Padilla has reviewed applications and is recommending the appointment of Fernando Duarte to the Community Development Committee to complete the remaining term; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The following applicant is found to meet the criteria for appointment and is authorized to serve as a member of the Community Development Committee Group for a term to commence on appointment and ending June 30, 2027:
Fernando Duarte - Appointment by Councilmember Padilla
2. The City Manager is authorized to take such other actions as are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED and ADOPTED July 9, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
25 City of Stockton
Legislation Text
File #: 24-0682, Version: 1
APPROVAL OF CITY COUNCIL MINUTES
RECOMMENDATION
Approve the minutes from the City Council meetings of June 4, 2024 and June 5, 2024 Attachment A - 2024-06-04 Minutes
Attachment B - 2024-06-05 Minutes
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Attachment A 31
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Attachment A 35
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Attachment A 40
Attachment A 41
Attachment A 42
Attachment A 43
Attachment B 44
Attachment B 45
City of Stockton
Legislation Text
File #: 24-0641, Version: 1
ADOPT A RESOLUTION TO AWARD A CONTRACT FOR CONSULTANT SERVICES FOR
DEVELOPMENT OF THE NEW COMPREHENSIVE CLIMATE ACTION & ADAPTATION PLAN IN THE AMOUNT OF $1,000,000
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process;
2. Authorize the City Manager to execute a contract for specialized services from AECOM in the amount of $1,000,000;
It is also recommended that the City Council authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Summary
Staff seeks City Council approval to award a contract for specialized services to AECOM (“Consultant”). The consultant will lead the City of Stockton in the development of a new Comprehensive Climate Action & Adaptation Plan (CCAAP) while implementing the grant requirements of the Adaptation Planning Grant Program (APGP) Round 1, administered by the California Governor’s Office of Planning and Research (OPR), and the Climate Pollution Reduction Grant Planning (CPRGP) through the U.S EPA Region 9.
The APGP and CPRGP grants are funding the City’s efforts to build climate adaptation strategies and resiliency through planning, research and capacity building, restoration, and sustainable infrastructure to develop or update existing regional climate mitigation plans to address greenhouse gas and reduction measures throughout the Stockton Metropolitan Statistical Area (MSA) area. Specific activities will include updating plans to reduce climate pollution, completing a greenhouse gas inventory, quantifying greenhouse gas reduction measures, conducting a low income and disadvantaged communities benefit analysis, and stakeholder engagement.
DISCUSSION
Background
On December 12, 2023, City Council adopted Resolution No. 2023-12-12-1202, accepting the State of California APGP Grant Round 1 in the amount of $650,000. Subsequently, on May 14, 2024, City City of Stockton Page 1 of 3 Printed on 7/5/2024
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46 File #: 24-0641, Version: 1
Council adopted Resolution No. 2024-5-14-1502 accepting the Federal CPRGP Grant in the amount of $1,000,000. Within these 2 grant awards, there is a total of $1,000,000 allocated for consulting services for climate action plan development.
The APGP grant and CPRGP grant will be used in combination to develop a new Comprehensive Climate Action & Adaptation (CCAAP) plan for the City which combines the requirements of both programs. These grants require key deliverables: a Climate Vulnerability and Risk Assessment, a Priority Climate Action Plan, a Comprehensive Climate Action Plan (due two years from the date of award), and a status report due at the close of the grant period.
On March 20, 2024 City staff posted a Request for Proposals (RFP) PUR 24-030 to identify a consultant to lead the development of this new Comprehensive Climate Action & Adaptation Plan (CCAAP). On May 2, 2024 City staff received 5 proposals in response to RFP PUR24-030.
Present Situation
After reviewing the 5 proposals received, City staff conducted interviews with all 5 consultant companies. A review panel consisting of staff from the Environmental & Sustainability Division, Public Works, Municipal Utilities, and Community Development Departments conducted the interviews. The review panel agreed that the company that would provide the best value and experience to develop the CCAAP is AECOM.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, the Council may approve findings which support and justify an exception to the competitive bidding process.
The following findings support such an exception:
1. Use of the RFP process is appropriate for this agreement because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor, which is a typical practice for this type of work.
2. The City negotiated the contract following the solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
Staff recommends the City Council approve the findings and adopt a resolution authorizing the City Manager to execute a contract in the amount not to exceed $1,000,000.00 with AECOM to develop a Comprehensive Climate Action & Adaptation Plan (CCAAP) for the City of Stockton.
FINANCIAL SUMMARY
The base proposal amount is $979,340 with an additional $20,660 allocated as contingency amount, for a total contract amount of $1,000,000. The contract amount for specialized services will be exclusively funded by the previously approved and appropriated grant awards; $310,000 from the Adaptation Planning Grant Program (APGP) Round 1, and $690,000 from the Climate Pollution Reduction Grant Planning (CPRGP). To establish the contract for specialized services, an City of Stockton Page 2 of 3 Printed on 7/5/2024
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appropriation of revenue and expenditures of $1,000,000 is necessary in the City Manager’s Special Grants Fund - Reimbursement, General Administration Division.
There will be no impact to the General Fund.
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48 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO AWARD A CONTRACT FOR CONSULTANT SERVICES FOR
DEVELOPMENT OF THE NEW COMPREHENSIVE CLIMATE ACTION &
ADAPTATION PLAN IN THE AMOUNT OF $1,000,000
The City Manager authorized staff to execute a contract for specialized services from AECOM in the amount of $1,000,000; and
On December 12, 2023, City Council adopted Resolution No. 2023-12-12-1202, accepting the State of California APGP Grant Round 1 in the amount of $650,000.
Subsequently, on May 14, 2024, City Council adopted Resolution No. 2024-5-14-1502 accepting the Federal CPRGP Grant in the amount of $1,000,000. Within these 2 grant awards, there is a total of $1,000,000 allocated for consulting services for climate action plan development; and
The APGP grant and CPRGP grant will be used in combination to develop a new Comprehensive Climate Action & Adaptation Plan (CCAAP) for the City; and On March 20, 2024, City staff posted a Request for Proposals (RFP) to identify a consultant to lead the development of this new CCAAP. On May 2, 2024, City staff received 5 proposals in response to RFP PUR24-030; and
A review panel consisting of staff from the Environmental & Sustainability Division, Public Works, Municipal Utilities, and Community Development Departments conducted the interviews. Based on procurement assisted review of the 5 consultant proposals and required scorecards, the review panel agreed that the company that would provide the best value and experience to develop the CCAAP is AECOM; and The new CCAAP will require the development, updating and evaluation of plans to reduce climate pollution, developing a greenhouse gas inventory, quantifying greenhouse gas reduction measures, conducting a low income and disadvantaged communities benefit analysis, review of authority to implement and stakeholder engagement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process:
49 a. Use of RFP process is appropriate for this agreement because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor, which is typical for this type of work b. The City negotiated the contract following the solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
2. Authorize the City Manager to execute a contract for specialized services from AECOM in the amount of $1,000,000, attached hereto as Exhibit 1.
3. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED July 9, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
50 1
( 10.30.18)
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton and Contractor to provide
as set forth in Exhibit A to this Agreement. _____________________________________________________________________________
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on: _____________________________________________________________________________
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A Statement of Work
(b) Exhibit B Insurance
(c) Exhibit C General Terms and Conditions
(d) Exhibit D
(e) Exhibit E Compensation Schedule
(f) Exhibit F Timeline
_____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
______________________________________________________________________________________________ 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: ____________________________________________________________________________ APPROVED AS TO FORM:
Lori Asuncion, City Attorney
BY:
Agreement Number:
EXHIBIT 1
AECOM Technical Services, Inc. services
Upon Execution 10/30/27
1,000,000.00
Professional Services Special Terms & Conditions
AECOM Technical Services, Inc.
Garrett Harper, Vice President, Managing Principal
2020 L Street, Suite 300, Sacramento, CA 95811
07/02/2024
51 EXHIBIT 1
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1. The objective of the City of Stockton’s Comprehensive Climate Action & Adaptation Plan is to provide a strategic framework for the City to pursue meaningful projects & policies to advance the environment of Stockton.
2. Project Scope
See Attachment A – AECOM Project Approach/ Scope of Work
3. Major Deliverables
3.1 Meeting agendas and facilitation notes.
3.2 On-site and/or virtual facilitation of staff, stakeholders, and public meetings
3.3 Weekly or bi-weekly progress updates meetings with relevant City staff.
3.4 Project timeline (updated as needed).
3.5 Organizational chart showing staff assignments and roles.
3.6 Draft goals and objectives (within one (1) month of contract award)
3.7 Public Engagement Plan
3.8 Climate Vulnerability Assessment
3.9 Graphics and info graphics for use on web and social media.
3.10 Community Communication materials
3.11 Community Workshop Summaries
3.12 Implementation Plan
3.13 Priority Climate Action Plan (within nine (9) months of contract award) with separately identified adaptation and mitigation measures.
3.14 Final Comprehensive Climate Action Plan (CCAP), including an Executive Summary that is user-friendly, graphically pleasing, and well organized in PDF and preferably in an editable format (i.e. Word or PowerPoint). (within two (2) years of contract award).
3.15 PowerPoint presentation summarizing the plan with graphics, statistics, etc. that match the final CCAAP.
52 EXHIBIT 1
3.16 Other administrative, research, analysis and communication tasks determined in the project kick-off.
3.17 Two (2) Status Reports
4. Criteria of Acceptance for Deliverables
4.1. Consultant must achieve all deliverables consistent with the requirements of the EPA’s Climate Pollution Reduction Grant Planning and the State’s Office of Planning and Research, Adaptation Planning Grant Program.
4.2. Consultant must meet all requirements listed in Exhibit A, Exhibit C – City of Stockton General Terms and Conditions and, Exhibit C, Part 2 - EPA Federal Requirements of the CPRGP Grant Agreement.
5. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Consultant: AECOM Technical Services, Inc. City: City of Stockton 2020 L Street, Suite 300 Attn: City Manager
Sacramento, CA 95811 425 N. El Dorado Street
Stockton, CA 95202
53 EXHIBIT 1
EXHIBIT B
INSURANCE
Exhibit B:
Insurance Requirements for Consultant 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.
SCOPE AND LIMIT OF INSURANCE
Coverage shall be:
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 of $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 of $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 of $1,000,000 per occurrence or claim, $1,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
54 EXHIBIT 1
Additional Insured Status
The City of Stockton, its officers, officials, employees, and designated 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 designated volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and designated volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage that allows for additional insured status 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, and employees, and designated volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or designated 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
Except for Professional Liability, 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
55 EXHIBIT 1
provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of 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.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies
If any of the required policies provide claims-made coverage:
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.
56 EXHIBIT 1
1 Verification of Coverage
Contractor shall furnish the City of Stockton with 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 inspect redacted copies of all required insurance policies, including endorsements required by these specifications, in the event of a claim.
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.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Designated Volunteers 400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
57 EXHIBIT 1
2 EXHIBIT C
GENERAL TERMS AND CONDITIONS
Where there is a conflict between these General Terms and Conditions and the PARTNER AGREEMENT, the PARTNER AGREEMENT controls.
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A of the Agreement. Consultant 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, Consultant 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 Consultant only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Consultant for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1Invoices submitted by Consultant to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Consultant’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant 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 Consultant’s Work. All Consultant 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 Consultants supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards..
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Consultant or its approved subConsultants, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City upon proper payment for services. Any and all 58 EXHIBIT 1
3 copyrightable subject matter in all materials is hereby assigned to the City and the Consultant and its approved subConsultants agree 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 Consultant shall replace them at its own expense. Consultant and its approved subConsultants 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 importance in this Agreement.
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 Consultant may incur in performing such additional services, and Consultant 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. Consultant’s Status.
9.1 In performing the obligations set forth in this Agreement, Consultant shall have the status of an independent Consultant and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees and are not agents or employees of City. Consultant 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, Consultant 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 Consultant.
It is understood by both Consultant 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 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment 59 EXHIBIT 1
4 of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Consultant.
9.4 It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's assigned personnel under the terms and conditions of this Agreement.
10. SubConsultant.
10.1 SubConsultants shall not be recognized as having any direct or contractual relationship with City. Consultant shall be responsible for the work of subConsultants, which shall be subject to the provisions of this Agreement. SubConsultants will be provided with a copy of the Agreement and be bound by its terms. Consultant is responsible to City for the acts and omissions of its subConsultants and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision and control of Consultant. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
10.3 It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
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 Consultant. The Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for the work actually completed at the time the notice of termination is received.
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5 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 Consultant 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 Consultant has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Consultant 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. Consultant shall be solely responsible for reimbursing subConsultants.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees agents, and volunteers against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, acts or omissions or contractor or its officers, agents or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement.
14. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 61 EXHIBIT 1
6 17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Consultant’s engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Consultant 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. Consultant 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 Consultant renders services on a time and materials basis, Consultant 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. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has no financial interest with any official, employee or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Consultant’s services under this Agreement. If such an interest arises, Consultant shall immediately notify the City.
21. Waiver. In the event either City or Consultant 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 Consultant in the event of any default or breach by the City or for any amount due Consultant.
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7 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, Consultant and its officers, employees, agents, representatives or subConsultants 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, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Consultant and its officers, employees, agents, representative or subConsultants 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. Consultant shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Consultant’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.
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8 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 Consultant 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 Consultant and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
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9 EXHIBIT C – PART 2
EPA FEDERAL REQUIREMENTS
Section II. Federal Requirements.
A. Federal Award Identification.
1. Subrecipient name--which must match registered name in the System for Award Management (SAM). If the subrecipient is not yet registered in SAM, then information about registration procedures may be found at the SAM Internet site (currently at http://www.sam.gov).
2. The subrecipient’s “unique entity identifier” in SAM. This identifier is required for registering in SAM and by 2 CFR Part 25 and 2 CFR 200.332(a)(1).
Note: Additional information on registering in SAM is available at the SAM Internet site:
https://www.sam.gov/SAM/ and in the “General Term and Conditions” (T&Cs), under the “System for Award Management and Universal Identifier Requirements” T&C, of the pass-through entity’s agreement with EPA.
3. Federal Award Identification Number (FAIN) The FAIN corresponds with the “Assistance ID No.” on the EPA Notice of Award.
4. EPA Award Date. This is the date the EPA Award Official signs the assistance agreement with the pass-through entity and may be found on page 1 of the EPA Notice of Award.
5. Subaward Period of Performance Start and End Date;
6. Amount of EPA Funds Obligated under the initial subaward. Subsequent funding actions may be documented by amendments to the subaward.
7. Total or cumulative amount of EPA Funds Obligated to the subrecipient under the initial subaward plus any subsequent funded amendments. These amounts may be documented in sequential amendments to the subaward.
8. Total Amount of the EPA funds committed to the subrecipient by the passthrough entity. This is typically the “ceiling” amount for the subaward that may not be exceeded in funded amendments.
9. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA). This information may be found in the “Project Title and Description” box on page 1 of the EPA Notice of Award.
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10 10. Information identifying EPA as the Federal awarding agency, your organization as the pass-through entity, and contact information for your awarding official for the subaward.
11. Assistance Listing Number and Name for each EPA award used to support the subaward. Assistance Listing information for the pass-through entities’ EPA award may be found on page 2 of EPA’s Notice of Award form in the second chart under “EPA Award Information”. (Note the Uniform Grant Guidance requires at 2 CFR 200.332(a)(1)(xii) that the Pass-through entities identify the dollar amount under each Federal award and the CFDA number at the time of disbursement of Federal funds to the subrecipient so it is important for passthrough entities to maintain accounting records to meet this requirement.
12. Indirect cost rate for the pass-through entity’s Federal award. This rate may be found on page 3 of the pass-through entity’s EPA Award in Table A, Object Class Category and may be the 10% de-minimis indirect cost rate described at 2 CFR 200.414(f).
B. All “flow down” requirements imposed on the subrecipient by the pass-through entity to ensure that the EPA award is used in accordance with Federal statutes, regulations and the terms of the EPA award. The subrecipient is accountable to the pass-through entity for compliance with Federal requirements. In turn, the passthrough entity is responsible to EPA for ensuring that subrecipients comply with Federal requirements.
These requirements include, among others:
1. Title VI of the Civil Rights Act and other Federal statutes and regulations prohibiting discrimination in Federal financial assistance programs, as applicable.
2. Reporting Subawards and Executive Compensation under Federal Funding Accountability and Transparency Act (FFATA) set forth in General Condition of the pass-through entity’s agreement with EPA entitled “Reporting Subawards and Executive Compensation.”
3. Limitations on individual consultant fees as set forth in General Condition 2 CFR 1500.10 and the General Condition of the pass-through entity’s agreement with EPA entitled “Consultant Fee Cap.”
4. EPA’s prohibition on paying management fees as set forth in General Condition of the pass-through entity’s agreement with EPA entitled “Management Fees.”
5. The Procurement Standards in 2 CFR Part 200 including those requiring competition when the subrecipient acquires goods and services from contractors (including consultants) and Domestic preferences for procurements at 2 CFR 200.322.
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11 6. For states and other public recipients, a provision ensuring that subawards are not conditioned in a manner that would disadvantage applicants for subawards based on their religious character.
Other statutes, regulations and Executive Orders that may apply to subawards are described at Information on Requirements that Pass-Through Entities must “Flow Down” to Subrecipients. Many Federal requirements are agreement or program specific and EPA encourages pass-through entities to review the terms of their assistance agreement carefully and consult with their EPA Project Officer for advice, if necessary.
C. Any additional requirements such as financial and performance reports the passthrough entity imposes on the subrecipient to ensure that the pass-through entity meets its own responsibilities to the Federal awarding agency.
D. Subrecipient’s Indirect Cost Rate. The indirect cost rate may be a rate negotiated and approved by the subrecipient’s cognizant Federal agency. If the subrecipient does not have a Federal indirect cost rate, the pass-through entity may negotiate an indirect cost rate with the subrecipient that complies with 2 CFR Part 200, Subpart E or use the 10% de-minimis indirect cost rate described at 2 CFR 200.414(f).
E. Requirements for the subrecipient to provide access to subaward records so that the pass-through entity and Federal auditors may verify compliance with 2 CFR 200.332 as well as 2 CFR Part 200,Subpart D, Post Federal Award Requirements for Financial and Program Management, and 2 CFR Part 200, Subpart F, Audit Requirements. Examples of records include:
1. Subrecipient financial statements and reports;
2. Programmatic reports including information on environmental results
3. Audit findings
F. Additional Requirements imposed by the pass-through entity under 2 CFR 200.208 that reflect the passthrough entity’s assessment of the subrecipient’s risk of noncompliance with Federal statutes, regulations and the terms and conditions of the subaward based on the factors described at 2 CFR 200.332(b).
1. Risk factors may include:
(a) Prior experience with same or similar subawards;
(b) Results of previous audits;
(c) Whether new or substantially changed personnel or systems, and; (d) Extent and results of Federal awarding agency or the pass-through entity’s monitoring.
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12 2. Examples of additional requirements authorized by 2 CFR 200.208 include:
(a) Requiring payments as reimbursements rather than advance payments; (b) Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance; (c) Requiring additional, more detailed financial reports; (d) Requiring additional project monitoring;
(e) Requiring the non-Federal entity to obtain technical or management assistance, and;
(f) Establishing additional prior approvals.
G. Terms and conditions concerning the close out of the subaward. 68 EXHIBIT 1
13 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 Consultant shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Consultant 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 Consultant nor Consultant’s agents, employees nor subConsultants are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or 69 EXHIBIT 1
14 other losses or expenses incurred by Consultant 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, Consultant agrees as follows:
4.1 Consultant’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 Consultant’s profession currently practicing under similar conditions. Consultant shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Consultant 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, Consultant agrees treat such information with at least the same degree of care as Contractor employs in handling its own proprietary or confidential information but in no event with less than reasonable care. Consultant 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. Consultant must provide copies of any such licenses. Consultant remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Consultant or its subConsultants 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 Consultant fails to comply with the foregoing standards, Consultant 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 Consultant 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 Consultant either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Consultant shall be compensated for the services provided under this Agreement as follows:
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15 5.1.1 Consultant shall be compensated for services rendered and accepted under this Agreement and shall be paid consistent with the reimbursement process established hereto, in arrears on a not to exceed basis, based upon the budget set forth in Exhibit E attached hereto and made a part of this Agreement.
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. Consultant shall provide subConsultant a copy of this fully executed Agreement.
6.2 Consultant 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 Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subConsultants are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’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 Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’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, Consultant 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 Consultant that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Consultant 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
Consultant shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
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16 8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Consultant under this Agreement are confidential and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Consultant 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 Consultant’s possession without obligation of confidentiality, is independently developed by Consultant outside the scope of this Agreement or is rightfully obtained from third parties. Consultant 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 Consultant 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
Consultant shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Consultant 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 Consultant has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Consultant of its failure. If Consultant 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 under Exhibit C - GTC, Paragraph 29. 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 Consultant of its commitments under this Agreement. 72 EXHIBIT 1
17 EXHIBIT E
COMPENSATION SCHEDULE
The Consultant 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 Consultant shall be paid on this Agreement is $1,000,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified Exhibit A, C and D shall be compensated to the Consultant. 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. Additionally, items such as telephone, fax, postage or freight are already included in the billable hourly rate. Consultant 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. Section 2 of this exhibit lists the total funding allocated to the Consultant for each project they are involved in.
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. 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 Consultant shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Consultant based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Consultant must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
1.4 If work is completed before the “not to exceed” amount is reached, the Consultant’s compensation will be based on the Consultant’s invoices previously submitted for acceptable work performed and approved.
1.5 The Contingency will be used for expenses occurred for any additional requested services by the City and agreed upon between the City and the Consultant. 73 EXHIBIT 1
18 1.6 The Optional task described in Section 2 is not included in the base scope of work. As requested at a time determined by the City, and mutually agreed upon between the parties, the Optional task may be incorporated into the project scope by a written amendment to this Agreement, which will increase the contract per the amount stated in this Exhibit.
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 Project Administration & Collaboration $130,395
2 Baseline Assessment $18,096
3 Community & Stakeholder Engagement $192,032
4 Climate Vulnerability & Risk Assessment $88,575
5 GHG Inventory, Projections & Measures $132,402
6 Benefit and Impacts Analysis $122,350
7 Develop Draft Plan $65,772
8 Action Prioritization $68,370
9 Implementation Plan Development $52,358
10 Final Plan Development $69,284
11 Status Report $39,706
Subtotal $979,340
Contingency $20,660
Optional
(at City’s
request)
Add Alternate #1 Building Energy Assessments,
Energy Audits, and Building
$125,904
Fees Total (Excluding Optional Tasks listed in red) $1,000,000
3. Hourly Rates. The following is a list of hourly billable rates that Consultant shall apply for additional services requested of the Consultant. Consultant shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreements, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Rates listed below are valid through September 2024 74 EXHIBIT 1
19 and will be escalated in October of each calendar year by 4 percent. Any changes and related fess shall be mutually agreed upon between the parties by a written amendment to this Agreement.
Title Hourly Billable Rates
Project Director $278
Project Manager $230
GHG & Benefits Lead $180
GHG Analyst $149
Co-Pollutants Analyst $173
LIDAC Analyst $139
Adaptation Task Lead $275
Tech Analyst $210
Adaptation Planning $155
Funding and Financing Lead $249
Engagement Lead $230
Equity Analyst $229
Engagement Analyst $161
Website Lead $208
Cost Analyst $204
Funding Analyst $146
Graphics $138
Workforce Development Analyst $201
Building Assessment Tech Lead $302
Facility Assessment $191
Sr. Facility Assessment $222
Project Controls $165
4. Invoice to Address. Consultant shall submit an invoice to the City’s staff consistent with the process provided in Exhibit A. Invoices shall be submitted to the below address and remitted electronically:
City of Stockton
City Manager’s Office
Attention: Office of Environment & Sustainability
425 N. El Dorado Street
Stockton, CA 95202
Email: [email protected]; [email protected] 75 EXHIBIT 1
20 EXHIBIT F
TIMELINE
Consultant shall complete the requested services identified in Exhibit A as follows:
See attached Exhibit F – AECOM Project Schedule
76 Project Approach – Order of Tasks
Our proposed scope of work will achieve each task detailed in the RFP. However, we are recommending an alternative ordering our recommendations. Table 1 shows the crosswalk from our proposed scope of work tasks to those included in the RFP, while Figure 1 illustrates conceptually how the project’s technical work aligns with our proposed Project Collaborator meetings and community and stakeholder engagement events.
Table 1 - Scope of work task comparison
AECOM Scope Tasks City of Stockton RFP Task Elements
Task 1. Project Administration & Collaboration
Task 2.1 Project Start-up Meeting
Task 2.2 Project Collaboration Meetings
Task 2. Baseline Assessment Task 2.3 Baseline Assessment & Goal Setting Task 3. Stakeholder & Community Engagement
Task 2.4 Stakeholder & Community Engagement Plan
Task 2.5 Community Workshops
Task 4. Climate Vulnerability & Risk Assessment Task 2.6 Climate Vulnerability Assessment & Risk Assessment
Task 5. GHG Inventory, Emissions Projections, & Measures Task 2.7 GHG Inventory, Emissions Projections & Measure Task 6.
Task 2.8
Task 2.9
Analysis
Task 2.10 Workforce Planning Analysis
Task 7. Draft Plan (PCAP) Development Task 2.12 Draft Plan Development (Priority Climate Action Plan)
Task 8. Action Prioritization Task 2.11
Task 9. Implementation Plan Development Task 2.13 Implementation Plan Development Task 10. Final Plan Development Task 2.14 Final Plan Development Task 11. Status Report Task 2.15 Status Report
Optional Task 1: Building Energy Assessments, Energy
Audits, & Building Upgrades
Add Alternate #1. Building Energy Assessment, Energy
Audits, & Building Upgrades
AECOM 11
Attachment A
EXHIBIT 1 77
Baseline Assessment &
Engagement Plan
Meeting #8
• Community Workshop #1
• Climate Action Survey #1
• Community Events (2)
• Interviews
Climate Vulnerability
Assessment, GHG Inventory,
Draft PCAP
Draft Final CCAAP,
Status Report #1 Prep
Action Prioritization
Approach
Status Report #2
Action Prioritization,
Co-pollutant Analysis,
Workforce Analysis, Funding
Intersections
CCAAP Project
Collaborators Meetings
Stakeholder
Engagement Activities
Meeting #7
Meeting #5
Meeting #4
Meeting #6
Meeting #3
Meeting #2
Meeting #1
Technical Analysis
Implementation Plans
Public Review
CCAAP, Status Report
Template
Launch Party Prep
• Community Events (2)
• Interviews
• Community Workshop #2
• Climate Action Survey #2
• Community Events (4)
• Interviews
• Community Events (2)
Start-up Meeting
June 2024
12 City of Stockton Consultant for the Development of a New Comprehensive Climate Action and Adaptation Plan
EXHIBIT 1 78
Task 1. Project Administration &
Collaboration
Task 1.1 Project Start-up Meeting
Our Sacramento-based project management team – project
director Josh Lathan and project manager Shelley Jiang – will project goals and timeline, request initial data, and review will provide the City with a detailed project schedule, including anticipated deliverable dates and review periods.
DELIVERABLES
• Organize and facilitate one (1) one-hour in-person
agenda and minutes (i.e., bulleted email summary of
decisions and next steps) (Final; PDF)
• Project schedule, including milestones and deliverable review periods (Final; Excel and PDF).
ASSUMPTIONS
•
can adjust based on City preferences.
•
Task 1.2 Goal Setting
Following the project start-up meeting, we will develop a draft project vision, goals, and objectives, which can be shared with the public and other stakeholders when
engagement activities begin. This will be a living set of goals and objectives that can be revisited and revised as technical analysis is completed, such as the GHG inventory and
climate vulnerability assessment. These draft statements will help guide early phases of the project, such as the action development phase.
DELIVERABLES
• Project vision, goals, and objectives (Draft and Final; PDF).
Task 1.3 Project Administration
Our project management team will host regular project
check-in meetings with the City team for the duration of the project. We propose virtual bi-weekly check-in meetings that include the AECOM and City project management teams, with participation from task leads or other subject matter experts, as needed. These meetings will be an opportunity to review and coordinate progress on deliverables, discuss technical questions, debrief on community and stakeholder outreach, and discuss next steps. Throughout the duration of the
project, the AECOM team will be available for calls and emails to promptly discuss project items as they occur.
DELIVERABLES
• Host virtual bi-weekly project check-in meetings,
including meeting agendas and minutes; up to 56
meetings for the project duration.
ASSUMPTIONS
• Project check-in meetings are 30-minute virtual
meetings that include AECOM Project Manager, with
Task 1.4 Quarterly Collaboration Meetings
In addition to regular project administration meetings that will help keep the overall project on track (see Task 1.3), we anticipate the need for periodic meetings with the City project team and other partners throughout the duration of the project.
These meetings can be useful for:
• reviewing interim deliverables,
• sharing updates on overall project progress and upcoming activities, and
• soliciting input when choosing from multiple options for the technical approach.
Participants in these meetings are likely to include the Climate Action Plan Advisory Committee, inter-agency department referred to as Project Collaborators in this scope of work. We groups throughout the project tasks where collaboration opportunities are already known, including review and
discussion of:
• initial climate action ideas,
•
• climate vulnerability assessment results,
• action prioritization,
• review of PCAP and Final Plan reports, and
• Status Report approach and results.
To establish a cohesive working relationship, we propose quarterly in-person sessions for the two-year PCAP and
CCAAP development timeframe, with meetings to include the groups listed above and the AECOM and City project teams, with participation from Little Manila Rising to be determined by the City. We will develop meeting agendas and provide review materials in advance of these sessions, along with meeting minutes summarizing decisions.
AECOM 13
EXHIBIT 1 79
DELIVERABLES
• Project collaboration meeting agendas, discussion
review materials, and meeting minutes (Final; Word,
PDF, and/or Excel).
ASSUMPTIONS
•
person collaboration meetings.
• The City will secure a meeting location for quarterly in-person project collaboration meetings.
Task 2. Baseline Assessment
AECOM will review and evaluate the City’s existing plans, policies, and resources to understand the history and context of climate action in Stockton and inform CCAAP action
development. We will summarize results within a simple matrix that includes columns for each climate hazard to be evaluated in the climate vulnerability assessment and GHG emissions type to be included in the City’s inventory. This structure will allow us to identify climate areas that have previously or are currently being addressed, policy and program gaps, new opportunities, and existing actions that can be enhanced.
The baseline review will include a variety of sources, such as:
• Primary City plans and studies related to climate action, including:
City of Stockton 2014 CAP,
General Plan,
2008 Settlement Agreement,
cultural resources studies, and
other relevant City documents
• Primary plans developed by regional agencies that can San Joaquin Council of Governments (SJCOG)
2022 Regional Transportation Plan and Sustainable
Communities Strategy.
•
related to GHG reductions, including:
garbage truck operations,
organic waste processing,
wastewater treatment and upgrades at the regional
wastewater control facility,
solar light installations,
economic development
the City team prior to developing the baseline assessment.
Building from our experience in developing other PCAPs, we will also develop a brief Project Intake Form (PIF) to identify implementation-ready climate actions in the region for which program funding is the primary remaining barrier. We will distribute the PIF via the project collaboration meetings in Task 1 and to local CBOs via Little Manila Rising. Feedback on the PIF will partially inform the list of CCAAP actions.
DELIVERABLES
• Policy and program review matrix (Draft and Final;
Excel).
• Project intake form (Final; Word).
ASSUMPTIONS
• City and Little Manila Rising teams will follow-up with PIF recipients to collect completed forms.
As part of a resilience project for Dumbarton Bridge, AECOM worked with local CBOs to hold a multi-week capacity-building and training workshop for residents in East Palo Alto.
14 City of Stockton Consultant for the Development of a New Comprehensive Climate Action and Adaptation Plan
EXHIBIT 1 80
Task 3. Stakeholder & Community
Engagement
Community and stakeholder engagement are critical to
the successful development and implementation of the
action across multiple sectors and communities, while
resilience must be addressed on a community-wide basis. The City of Stockton has demonstrated its commitment to equity by partnering with Little Manila Rising to develop a thoughtful, community-led outreach process. AECOM is excited to work side by side with Little Manila Rising to understand community feedback on priorities, needs, and vulnerabilities to inform the CCAAP process.
The City is home to two of the most disadvantaged
communities in California, making it vital that they are part of closely with the City and Little Manila Rising to develop involvement and reduce barriers to participation for
communities that have historically been excluded from
decision-making and planning processes.
To address these challenges, we propose employing a range of methods tailored to community members’ preferences.
AECOM will work collaboratively with the project team
to understand agency and community priorities, build
broad-based support for climate action (both mitigation and adaptation), and integrate key feedback to improve
outcomes for communities. Throughout the process, we will coordinate with the City, Little Manila Rising, and other Project community engagement experience in the region and our
current work with SMAQMD, we recognize this is a unique opportunity to:
• Build public awareness of climate change, existing regional initiatives and leadership, and the CCAAP process;
• Enhance collaborative partnerships among the City,
regional governments and agencies, residents, local
organizations, and businesses; and
• Listen to, learn from, and integrate valuable community input and feedback.
Task 3.1 Community Engagement Plan
AECOM will work closely with Little Manila Rising and the City of Stockton to develop and implement a Community
Engagement Plan (CEP) tailored to the conditions and
characteristics of Stockton and the broader MSA region. As part of the plan development, AECOM will hold three (3) virtual meetings with the City and Little Manila Rising to devise a tailored approach to community and stakeholder outreach during the CCAAP development process. The CEP will identify key stakeholders to be engaged; goals and purpose of
outreach; types of activities; a timeline; and tactics to increase participation, especially of vulnerable and disadvantaged communities. Based on recommended best practices to go
to the community, where possible, the CEP will also identify existing community events, meetings, festivals, and other activities at which the project team can conduct pop-ups or provide engaging presentations, such as the:
• Ripon Almond Blossom Festival,
• Stockton’s Chinese and Cambodian New Year
Celebrations,
• San Joaquin Asparagus Festival,
• Stockton Cinco de Mayo Family Festival,
• Lodi Street Faire,
• Linden Cherry Festival,
• San Joaquin County Fair,
• Stockton’s Concerts in the Park series,
• Stockton Black Family Day Culture Fest, and
• Manteca Pumpkin Fair.
By going to the community, we aim to engage a more
diverse range of participants than those who typically attend public workshops and open houses. We will revisit the CEP twice during the course of the project and revise based on engagement event outcomes and experiences, community
feedback, and feedback from the City and Little Manila Rising.
Anticipated points of revision could be 1) in fall 2024, after initial round of outreach to support PCAP development; and 2) in summer 2025 to support CCAAP outreach.
In collaboration with project partners, AECOM will also develop communication materials and marketing tactics
to increase meeting attendance, public participation, and Pop-up stand for the City of Long Beach Climate Action and Adaptation Plan (CAAP).
AECOM 15
EXHIBIT 1 81
robust community engagement toward the City’s community participation goals, as noted in the RFP. Materials will focus on increasing participation from under-served and disadvantaged communities as well as the general public, and media engagement, such as press releases.
DELIVERABLES
• Community Engagement Plan (Draft Word).
• Three press releases at key project milestones,
3) CCAAP release (Draft and Final; Word and PDF).
• Engagement and marketing materials (e.g., social
for up to two (2) community workshops, and ten (10)
events and meetings.
ASSUMPTIONS
• Three planning meetings for the Community
Engagement Plan will be held virtually.
• City and Little Manila Rising will have three rounds of review for the CEP (one for initial creation and one for each update), and all comments will be consolidated
resolved.
• The City or Little Manila Rising will arrange for
translation of communication materials.
Task 3.2 Community Workshops
Traditional in-person workshops remain important for those that wish to participate more deeply and will be used to complement other engagement approaches. Community
workshops should:
• help stakeholders feel heard,
• let stakeholders feel like owners of their own plan,
• collect meaningful data, and
• use this data to create compelling data-driven
communications.
We propose two community workshops during the PCAP
and CCAAP development timeline, with community climate
surveys acting as online extensions of each workshop (see Task 3.3). We will schedule the workshops to align with points in plan development where community input is most valuable, which could include:
• PCAP Workshop: Sharing results of the GHG inventory
and projection analysis and climate vulnerability
assessment, and soliciting input on climate action ideas and preferences, and action evaluation criteria to inform project.
• CCAAP Workshop:
from the PCAP, prioritizing climate action implementation phasing, and identifying implementation opportunities and challenges to inform implementation plan development.
AECOM will develop draft workshop agendas and materials for review with the City team, including workshop objectives, format, breakout station boards, and facilitator guides. We will provide workshop summary notes following each event. Up to four AECOM team members will attend each workshop.
DELIVERABLES
• Meeting materials for two (2) workshops, including
agendas, objectives, presentations, breakout station
boards, facilitator guides, and summary notes (Draft
and Final; PDF, PPT). •
team at two (2) in-person workshops, as described
above.
ASSUMPTIONS
• workshops
• City team will secure meeting venue, provide
refreshments, and manage public workshop noticing
Task 3.3 Community Climate Action
Surveys
AECOM will develop two (2) community climate surveys
that replicate the engagement aspects of the two in-person community workshops (see Task 3.2):
• Survey One will focus on GHG reduction and adaptation action preferences and prioritization criteria, and
• Survey Two will focus on climate action priorities and implementation approaches.
We used this workshop / survey pairing successfully during PCAP development for the El Paso MSA where surveys were and accessible, while seeking key feedback from community members. They will be translated into up to four (4) languages to be determined with the City and Little Manila Rising.
AECOM will partner with Little Manila Rising to reach a broad, inclusive audience for the surveys, including distribution Community outreach for the City of Long Beach CAAP.
16 City of Stockton Consultant for the Development of a New Comprehensive Climate Action and Adaptation Plan
EXHIBIT 1 82
both online, via a social media campaign, and on paper at community workshops, events, and meetings. The survey
outcomes will inform the project team’s understanding of climate strategies that are likely to be supported by community members, as well as key resident priorities and concerns.
DELIVERABLES
• Development and analysis of two (2) community
climate surveys (Draft and Final).
ASSUMPTIONS
• City will provide one round of review per survey and a single set of consolidated and adjudicated comments.
• City team and/or Little Manila Rising will arrange for survey translation.
Task 3.4 Community Meetings and Events
Based on outreach best practices and our extensive project experience, AECOM proposes to enhance engagement
opportunities from the community workshops and climate
surveys by going to the community and attending existing events and meetings, where possible. We believe this can reach a wider number of community members, who may have too many demands on their time and resources to attend a dedicated meeting.
Informed by the CEP and Little Manila Rising, AECOM will select a diverse range of existing events and meetings
to present or table at, bringing the project to an array of Stockton area communities. These can include farmers
markets, community festivals (e.g., regional agricultural festivals, community cultural events, Stockton Concerts in the Park series, San Joaquin County Fair), neighborhood association meetings, and other convenings within the MSA, encompassing communities in urban, agricultural, and rural areas. Where possible, AECOM will aim to attend events
and meetings hosted by CBOs serving disadvantaged
communities.
We expect community meetings and events in this task
to primarily align with the PCAP and CCAAP development
phases, and engagement materials will be developed to
solicit feedback accordingly. At these events, we propose to collect feedback on preferred GHG reduction and adaptation disadvantaged communities through the climate surveys
where timing aligns (see Task 3.3) or interactive activities and games to draw out input on community preferences and priorities. We will develop two (2) mini-presentations (one PCAP focused, one CCAAP focused) that can be delivered
at standing meetings for CBOs or other groups. We will also develop a more generalized set of engagement materials that can be used for broader information sharing at community events and meetings that do not align directly with community input collection periods for project deliverables.
AECOM also proposes up to two (2) community meetings
held in conjunction with Stockton CBOs, such as Little Manila Rising, El Concilio, Stockton Mobility Collective, the Catholic Diocese of Stockton, Black Urban Farmers Association, and the Reinvent South Stockton Coalition. These meetings are distinct from the community workshops described in Task
3.2 and will aim to be integrated with an existing meeting or event held by these organizations to increase value for community members. Following best practices, events will provide translation/interpretation and refreshments and be hosted in locations familiar to and accessible by community members. Additionally, to support continued participation and engagement with local CBOs, we propose that the City directly compensates organizations for their valuable time and insights. Based on our research, the average stipend for CBO participation in northern California is approximately $125/hr.
DELIVERABLES
• Engagement materials in up to four (4) languages,
including two presentations and two project
• Attendance at up to eight (8) pop-up events and
meetings throughout the Stockton MSA.
• Attendance at up to two (2) community meetings
hosted with Stockton CBOs.
• Outreach activity summary (Draft and Final; Word and
PDF).
ASSUMPTIONS
•
in-person events and meetings.
• City team and/or Little Manila Rising will arrange for translation of engagement materials.
• City will provide one round of review for engagement
materials and the outreach activity summary; and will
provide a single set of consolidated and adjudicated
comments.
Stakeholders participating in an interactive cascading consequences exercise as part of a climate preparedness training.
AECOM 17
EXHIBIT 1 83
Task 3.5 Stakeholder Interviews
AECOM will hold a series of interviews and focus groups with residents and other stakeholders to inform the PCAP, CCAAP, and climate vulnerability assessment. The interviews will focus team to dig deeper with local input. The interviews can build upon the community workshops, surveys, and meetings
topics covered and voices heard. These interviews will allow stakeholders to share their lived experiences, perspectives on opportunities and challenges of reducing GHG emissions and adapting to climate change, and recommendations
economic and workforce development.
AECOM is experienced with holding CBO focus groups to
around CPRG strategies and climate vulnerabilities for
the Southern California Association of Governments
and understands the importance of translating technical information in a way that is accessible to the broader public.
We will work with Little Manila Rising and the City to identify a list of stakeholders for interviews, including:
• Resident and community-focused groups
residents
youth
schools
environmental and social justice groups
urban farmers
food co-ops
public health groups
other key community groups
• Key City departments
Public Works
Municipal Utilities
Community Development
• Key agency partners
Escalon
Lathrop
Lodi
Manteca
Ripon
Tracy
Unincorporated San Joaquin County
• Regional agencies
San Joaquin Council of Governments
San Joaquin Valley Air Pollution Control District
San Joaquin Area Flood Control Agency
• Other key stakeholders
FEMA
the Regional Climate Collaborative
business groups
Interviews will be scheduled individually or in a focus group format, depending on the audience. For example, residents and homeowners may feel most comfortable discussing
their perspectives in a focus group setting. Focus groups will development; home decarbonization).
DELIVERABLES
• Interview guides (Draft and Final; PDF).
• Summaries of key takeaways for up to twenty (20)
interviews and focus groups (Draft and Final; Word
and PDF).
ASSUMPTIONS
• All interviews and focus groups will be conducted
• City will provide one round of review for interview guides and summaries of key takeaways, and will provide a
single set of consolidated and adjudicated comments.
Task 3.6 Website Development
AECOM will build a CCAAP project website that keeps the public informed and engaged during plan development.
project information, respond to the community climate action surveys, view event announcements, read public drafts, and provide comments. Based on a recent example working
with St. Louis County on its 2050 Equitable and Sustainable Comprehensive Plan, we propose developing a website
through the City’s ArcGIS Online account.
Our team will propose a website structure and collect design guidelines (including color palettes) and photos from the City to prepare draft website layout examples for review with the City team. In preparation for website design, we will meet with the City’s communications and/or IT team to discuss branding concepts (e.g., preferred fonts, color palette, city photos, language/grammar style, etc.) and technical considerations.
Following the meeting, we will develop a draft website outline outline, we will develop a draft website for the City team’s review and will incorporate one consolidated set of comments to produce the full website. Throughout the project timeline, information AECOM should publish through website updates, such as notices for upcoming engagement events, project schedule and milestone revisions, and/or new document
uploads for public review.
18 City of Stockton Consultant for the Development of a New Comprehensive Climate Action and Adaptation Plan
EXHIBIT 1 84
Website for the St. Louis County 2050 Comprehensive Plan.
DELIVERABLES
• One (1) design and communications review meeting
(virtual) with City Communications and/or IT team
• Draft website outline. •
• Updates to website, as needed.
ASSUMPTIONS
• City will provide branding guidelines (e.g., fonts, color palette, images, logos, language/grammar style, etc.).
• City will host CCAAP website on its existing website/ webpage and infrastructure.
• AECOM will build CCAAP website using City’s existing
ArcGIS Online (Esri) account.
• City of Stockton will be responsible for ArcGIS Online costs.
• City will maintain or close CCAAP website following
project completion.
• City will provide one consolidated set of comments
on the draft website outline and draft website.
Task 4. Climate Vulnerability &
Risk Assessment
Through this task, AECOM will evaluate projected climate change and its resulting impacts on the Stockton region, with a focus on the City’s communities, buildings, infrastructure, natural areas, and operations.
Task 4.1 Review of Local Climate
Projections
AECOM will identify climate hazards most relevant to the Stockton region based on a desktop literature review,
community engagement, stakeholder feedback, and input
air quality impacts, and drought.
AECOM will develop summaries for each climate hazard,
describing current conditions and projected changes by
mid-century (2050) and end-of-century (2100) for the high emissions scenarios (RCP 8.5). Climate projections will come from Cal-Adapt (California’s Fourth Climate Change Assessment data) or, if available at the time this task is initiated, California’s Fifth Climate Change Assessment.
Climate hazard summaries will be provided at a regional level for the MSA; however, the vulnerability assessment will focus on the City of Stockton. Given the coarse spatial resolution of downscaled General Circulation Model outputs available through Cal-Adapt, it is unlikely the data will show substantial variability across the City for projected changes while temperatures are not expected to vary across the
city, exposure to extreme heat will vary based on the urban canopy cover and land uses (e.g., the amount of paved
AECOM recognizes that it will be critical to account for vulnerability, through the use of CalEPA’s Urban Heat Island Index as an overlay of extreme heat projections and FEMA and summaries for key future climate hazards for use in the vulnerability assessment (Task 4.2).
DELIVERABLES
• Memorandum summarizing local projections for each
climate hazard for mid-century and end-of-century
timeframes and one scenario (RCP 8.5) (Draft and
Final, Word and PDF).
ASSUMPTIONS
• The AECOM team will rely on the validity of readily
available resources such as published literature and
data and projections available from Cal-Adapt.
• The City will provide one round of review for the
memo, and will provide a single set of consolidated
and adjudicated comments.
AECOM 19
EXHIBIT 1 85
Task 4.2 Vulnerability Assessment
AECOM will conduct a vulnerability assessment to identify elements of the City’s infrastructure, communities, and natural
4.1. These results will guide and inform strategy development.
Vulnerability to a given climate hazard is a function of exposure (whether the asset is located in an area that will be impacted) and sensitivity (degree to which an asset may Adaptive capacity (the ability of an
asset to make changes to mitigate potential damage) will be used to adjust sensitivity ratings.
Vulnerability = Exposure x Sensitivity
Assets
The team will request data from the City to identify key assets included in the vulnerability assessment. Example asset types for the City of Stockton fall into three general categories:
physical assets and infrastructure, natural systems, and communities, shown in the table below.
Category Asset Type
Physical
Assets
Transportation Local roads and
highways, public
transit, bike routes, and
pedestrian paths
Critical
Buildings
Community facilities
(schools, senior centers),
hospitals, clinics,
emergency response
services
Critical
Infrastructure
Electric utilities, pump
stations, stormwater
infrastructure
Natural
Systems
Wetlands, parks, urban forest
Communities Disadvantaged communities and
vulnerable populations
that relevant asset types are included, and to identify any critical assets where failure or damage would lead to severe consequences for the City and its communities.
Vulnerable and Disadvantaged Communities
AECOM will conduct an in-depth analysis to identify the commonly used to identify disadvantaged communities,
including CalEnviroScreen 4.0 (CES); California Healthy Places Index (HPI); Climate Change & Health Vulnerability Indicators for California (CCHVI); Access and Functional Needs (AFN) Web Map; and the Social Vulnerability Scores from the Federal Emergency Management Agency’s (FEMA) National Risk
Index. AECOM will select up to three of these tools to identify vulnerable communities based on those that most closely align with the goals and objectives of the City of Stockton and the CCAAP.
Sensitivity and Adaptive Capacity
To assess the sensitivity of physical assets and natural systems, a matrix will be developed for each asset or system type documenting its sensitivity to each climate hazard.
Qualitative sensitivity ratings (high, moderate, or low) will be developed.
Sensitivity for human populations varies depending on
socio-economic characteristics, which will be captured in the social vulnerability indices. Sensitivity to each climaterelated disruptor varies based on certain attributes of vulnerable populations (i.e. people with respiratory diseases actionable analysis, sensitivity data will be evaluated at the block group scale for the entire Stockton MSA.
AECOM will draw on knowledge from previous projects and desktop research to identify socioeconomic characteristics that can heighten the sensitivity of populations to a given hazard. To the extent possible, AECOM will use data from instance, a census tract with a high percentage of low-income Metrolink Climate Vulnerability Assessment and Sensitivity Matrix. 20 City of Stockton Consultant for the Development of a New Comprehensive Climate Action and Adaptation Plan
EXHIBIT 1 86
households will be more sensitive to extreme heat due to reduced access to adequate air conditioning.
Adaptive capacity for each asset type will be reviewed with the City and used to adjust sensitivity ratings. For example, a senior center that can be upgraded with air-conditioning and cool roofs will have higher adaptive capacity, and thus lower sensitivity, to extreme heat than an outdoor bike and pedestrian path; communities without vehicle access will have lower adaptive capacities, and thus higher sensitivities, to climate hazards.
Vulnerability Assessment Results
scores and climate exposures (as assessed in Task 4.1) will be combined to arrive at vulnerability scores for Stockton’s physical assets and communities. Key vulnerabilities
will be summarized, and the most vulnerable assets and
communities will be prioritized for strategy development.
DELIVERABLES
•
and Final; Word and PDF).
• Memorandum summarizing asset sensitivities,
adaptive capacities, and vulnerability assessment
results, including the most vulnerable assets and
communities (Draft and Final, Word and PDF).
ASSUMPTIONS
• The City will provide geospatial data for assets
selected for inclusion In the vulnerability assessment. • AECOM will leverage publicly available datasets as
the basis to assess climate exposures and social
vulnerability.
• AECOM will rely on the accuracy of City-provided and
publicly available datasets.
• The City will provide one round of deliverable review, and will provide a single set of consolidated and
adjudicated comments.
Task 4.3 Risk Assessment
AECOM will evaluate previous hazard occurrences and the results of the vulnerability assessment to assess the likely impacts of each hazard on critical infrastructure, communities, important by community members. To assess risk, the
heat wave) will be combined with impact (consequence) to identify the highest risk hazards. The outcomes of the risk assessment will inform and guide strategy development.
DELIVERABLES
• Summary of hazard impacts on critical infrastructure, communities, housing, and mobile homes (Draft and
Final; Word and PDF).
• Risk matrix for severe hazards (Draft and Final; Excel).
ASSUMPTIONS
• The City will provide one round of deliverables review, and will provide a single set of consolidated and
adjudicated comments.
Task 4.4 Adaptation Strategy Development
AECOM will draw upon best practices, industry standards, and research to develop adaptation measures for the most vulnerable assets and communities. The strategies will be informed by community and stakeholder feedback described our prior experience developing climate adaptation strategies.
AECOM will develop a total of 20 high-level preliminary adaptation strategies, which will be evaluated for prioritization through the development of implementation actions.
DELIVERABLES
• 20 preliminary adaptation strategies (Draft; Excel).
Task 5. GHG Inventory, Emissions
Projections & Measures
AECOM will develop GHG inventories for the City of Stockton and broader MSA-region, from which we will develop near- and long-term GHG emissions projections and reduction targets.
We understand the CPRG guidance allowed lead agencies
to develop a high-level inventory for PCAP purposes, which would then be updated as an economy-wide inventory during the CCAP phase. To maximize project resources, we propose developing the required economy-wide GHG inventory
during the PCAP phase of this project. Leveraging our GHG emissions modeling experience, we will provide the City with a nuanced understanding of potential emissions reduction scenarios, allowing for informed decision-making when
identifying priority GHG reduction measures.
Task 5.1 GHG Inventory Development
AECOM will develop a community-wide GHG inventory
for the City of Stockton and an MSA-wide inventory that covers unincorporated San Joaquin County and the cities of Escalon, Lodi, Lathrop, Manteca, Ripon, and Tracy. We recommend following an inventory protocol tailored to
community emissions inventory development, such as the US Community Protocol or the Global Protocol for CommunityAECOM 21 EXHIBIT 1 87
Scale Greenhouse Gas Emission Inventories (GPC) and will discuss options with the City team at the start of this task.
Based on these protocols and consistent with the CPRG
program requirements, the inventory will be organized into sectors including:
• Building energy (e.g., electricity, natural gas)
• On-road transportation
•
• Water energy
• Wastewater
• Solid waste
• Industrial sources
• Forest & trees
can serve as a guidance document for future inventory
development. To the extent possible, we will collect publicly available data to streamline the inventory development
process consistent with the expected timeline in the RFP and to facilitate aspects of the Status Report process per Task 11. In instances where we propose data be collected from external agencies (e.g., utility companies, SJCOG), AECOM will develop data request emails for the City team to send and will refer technical questions back to AECOM.
As part of the data collection process, our teaming partner Fehr & Peers will coordinate with the City to review options miles traveled (VMT). VMT estimates and forecasts will
VMT ANALYSIS METHODS
Fehr & Peers will coordinate with the City team to discuss travel demand model options for estimating city-wide and MSA region-wide VMT as an input to the project’s GHG
inventories and projections. VMT for the CCAAP scenario years will be forecast by interpolating or extrapolating between the model’s base year and future year. VMT
estimates will be based on the Origin-Destination (O-D) method, and two types of VMT will be calculated:
1. Full accounting of all VMT generated by the
jurisdictions. This VMT is a network-based estimation
or forecast that includes total VMT that has at least
one end of the origin or destination (OD) within the
study area accounting for the entire length of travel. In other words, this VMT includes trips that are internal
to the study area (II), originate in the study area and end outside the study area (IX), and trips that originate outside the study area and end within the study area
(XI). The reported VMT will be disaggregated into the
by the model
b. Total VMT by Speed Bin and by vehicle types as
2. Proportional accounting of VMT generated by study
area. This method proportions the VMT generated
by the study area according to the location of the trip start and end locations. In other words, II trips (those that start and end in the City) are assigned as 100% to the City while the IX and XI trips are assigned as 50%
responsibility. The reported VMT is disaggregated into
by the model
b. Total VMT by Speed Bin and by vehicle types as
(home-based VMT per capita and home-based work VMT
per worker) using the methodologies described in the City of Stockton Transportation Impact Analysis Guidelines.
of VMT.
Finally, Fehr & Peers will use the VMT+ tool1
to review the
VMT per capita results from the model.
Replica Validation: Fehr & Peers will use Replica Data to review the travel pattern of the City of Stockton and the Stockton MSA. Replica is a nationwide activity-based travel demand model with detail down to the census block group and local street level. Replica combines multiple datasets to represent activities and travel behavior for baseline conditions.2 Replica can help answer other transportationroadway usage, II, IX, and XI travel, and VMT.
This data will be used to review the model outputs for
consistency. If needed, this data will be used to perform up to two iterations of base year model calibration and validation. This will help improve model performance and remove model bias. 1
VMT+ is an open-source tool developed by Fehr & Peers that provides a combination of resources to review VMT per capita data at the Census Block Group (CBG) level throughout California. This tool uses StreetLight data to estimate VMT. https://storymaps. arcgis.com/stories/e9fb17d33a2c4d60a6747071be3d5b4a 2
https://www.replicahq.com/
22 City of Stockton Consultant for the Development of a New Comprehensive Climate Action and Adaptation Plan
EXHIBIT 1 88
include the vehicle travel associated with residents, workers, students, visitors, etc. engaged in activities that begin and end in the City of Stockton or the Stockton MSA. See call-out box VMT Analysis Methods for further details on Fehr &
Peers’ travel modeling approach. Results of this analysis will be documented in an Excel spreadsheet and brief memo
describing the VMT analysis methodology.
We anticipate the inventories will be developed for calendar year 2022, pending data availability. We will develop the inventories in a custom Excel workbook that the City can update or expand upon for future inventories. The GHG
workbook will be expanded to include the emissions
projections results described in sub-task 5.2. Our team is also experienced in using ICLEI’s ClearPath calculator to develop community GHG inventories (and projections) if the City has an ICLEI membership and would prefer that delivery method.
Task 5.2 GHG Emissions Projections
Based on the community-wide and MSA-wide GHG
inventories, AECOM will develop GHG emissions projections for the near- and long-term (e.g., 2030 and 2050), aligning with Stockton’s preferred GHG target years and consistent with the emissions projection approach in the City’s 2014 CAP. Emissions will be projected under two scenarios – a “business-as-usual” scenario will show how emissions could change if no additional action is taken to curtail their growth, and an “adjusted business-as-usual” scenario will consider the potential impacts of primary regulations and programs.
Projections will be made by sector, such as transportation and buildings.
To understand the future impact of the current regulatory environment on GHG emissions, we will collect information on primary state and/or federal regulations, such as California’s Renewables Portfolio Standard or the federal Corporate
Average Fuel Economy standards. We will limit regulatory considerations to those expected to be successfully
implemented with a high degree of certainty (e.g., based on prior progress, existing implementation frameworks, etc.) to keep the forecasting scenario reasonably conservative for emissions analysis purposes.
In developing the GHG forecasts, we will collect growth indicators that are related to emissions activity in the GHG inventory, such as city and regional population
and employment growth. We will also collect emissions
forecasting inputs and assumptions from key regional
partners, such as SJCOG. Forecasts for future VMT will be estimated using the same methodology as described in
the VMT Analysis Methods call-out box and combined with vehicle emissions factors collected from the California Air Resources Board EMFAC emissions model. We will develop
growth indicators needed and assigns responsibility for collection. Upon collecting the growth indicators, AECOM will develop emissions forecasts within the GHG inventory workbook to be used later in the GHG reduction scenario analysis.
Task 5.3 GHG Reduction Targets
Through this sub-task we will facilitate discussions with the City project team as part of the project’s bi-weekly checkin meetings to establish economy-wide GHG reduction targets for the near- and long-term timeframes. Target
setting discussions are often iterative and informed by the action development process, which will happen in parallel, to understand the City’s and region’s GHG reduction potential in context of – and contribute to the achievement of – the state’s GHG reduction goals. In addition to economy-wide targets, we will work with the City to develop goals for priority sectors such as building energy and mobile sources. These goals will be ‘softer’ targets based on the City’s GHG reduction pathway described in Task 5.4 and can be used to support future policy and program development. We will develop a draft GHG targets memo based on City team and community input, and will review with the City in a virtual meeting.
As the project progresses and the set of action priorities comes into sharper focus, we will revisit the target context document the target discussions in a simple memorandum, including a draft near- and long-term target statement
will share draft targets with the Project Collaborators and document discussion comments and recommended
in the CCAAP.
Task 5.4 GHG Reduction Pathway and Initial
a high-level pathway to achieve the City’s draft GHG targets based on a set of strategies aligned with GHG emissions sources included in the inventory. Examples of strategies include:
•
• Electrify existing residential building appliances and equipment
• Reduce total vehicle miles traveled from passenger
vehicles
reduction potential based on implementation assumptions; a cumulative package of strategies represents a GHG
AECOM 23
EXHIBIT 1 89
pathway’s feasibility (e.g., will existing building decarbonization be achieved through a local mandate or with a voluntary/ incentive-based approach?).
We will facilitate a virtual one-hour meeting with the City team to review the draft reduction pathway results and underlying assumptions and to discuss high-level action gaps, barriers, and solutions to inform the action development phase.
During the meeting, we will also discuss results of the Task 2 Baseline Assessment with the City team and identify the primary departments that are likely to be responsible for new action implementation. We will incorporate the outcomes of this meeting to revise the GHG strategies, from which the AECOM will then develop an initial draft list of GHG reduction actions (up to 40) that contribute to the GHG reduction strategies. The initial list will be informed from the Task 2 Baseline Assessment matrix and can include actions that other cities have implemented or proposed, novel action ideas, and/ or ideas from the City team and stakeholder and community outreach process. AECOM will organize the draft list of actions by the City departments that will lead action implementation.
As part of this process, our partners Fehr & Peers will review the current Transit Plan that was developed for the 2014 CAP.
This review will assess the goals and strategies of the Plan to determine their alignment with established best practices and identify the areas for improvement. Recommendations will be made to update the plan as it relates to VMT- and transitrelated best management practices for consideration in the draft action list.
AECOM will facilitate up to two virtual two-hour City
and/or further analysis. During these meetings, we will review the draft actions with the City departments responsible feasible draft actions. City departments will identify the actions they have already implemented or are planning
to implement, actions that are infeasible due to barriers (legislative, authoritative, political, etc.), and actions they can and would want to implement. During these meetings, department participants will also help to identify mechanisms for action implementation (e.g., permit streamlining, zoning code amendments, development bonuses, permitting
requirements, etc.).
Following these meetings, the working draft list of actions will be shared for community feedback through the
engagement approaches outlined in Task 3, including a
community workshop, a climate survey, community events, and stakeholder interviews. The action list will include a mix of long-term, higher-level GHG reduction actions needed to achieve the CCAAP’s GHG reduction targets and a set of community input, an updated list of approximately 40 PCAP actions will be advanced for the additional analysis required in the CPRG program guidelines.
GHG Reduction Pathway for the City of Miami Climate Action Plan. 24 City of Stockton Consultant for the Development of a New Comprehensive Climate Action and Adaptation Plan
EXHIBIT 1 90
Measures
The AECOM team will identify the appropriate tools to quantify GHG reduction potential of the PCAP action list. There are a wide range of publicly available resources and tools that can quantify GHG emission reductions, with some supporting
a high-level, holistic evaluation of GHG reduction potential across sectors (e.g., EPA’s Avoided Emissions and Generation Tool [AVERT], GLIMPSE), and others focusing on sectorMethod [TEAM], Energy Savings and Impacts Scenario Tool [ESIST]). Other resources, such as CalEEMod and the CAPCOA Handbook for Assessing GHG Emission Reductions,
Climate Vulnerabilities, and Health and Equity (December 2021) will also be incorporated into the analysis. In evaluating impacts from transportation actions, our partners Fehr & Peers will estimate a range of percentage VMT reductions using the TDM+ tool, to the extent feasible. This tool is based potential VMT reduction capability. Given the geographic be selected and evaluated only for the City of Stockton, while others may be regional in nature. If appropriate, Fehr & Peers will also perform up to two model runs for applicable mitigation measures such as land use reallocation or major roadway capacity changes to quantify VMT reduction for
those strategies.
We understand it is unlikely that any single tool can quantify the full range of climate actions considered in the CCAAP, and our team will select and use appropriate tools based on the measures to be evaluated, including the Climate Action for Urban Sustainability (CURB) Tool that AECOM developed for the World Bank.
We recognize that the level of detail will vary among the selected actions, which will inform what information is needed to estimate GHG reductions. In some instances, we may be able to leverage GHG reduction estimates from prior climate equipment installed, action uptake) and applicable emission factors. Once we identify the appropriate tools, our approach Collaborators. We will document the process of quantifying GHG reduction measures in a brief memo.
As part of this task, we will develop a GHG action summary matrix and populate it with the GHG reduction estimates expressed as metric tons of carbon dioxide equivalent per year (MTCO2
e/yr). This summary table will be expanded with
outcomes from the other technical analyses described in Task 6.
DELIVERABLES
• GHG data collection matrix (Final, Excel).
• GHG data request emails for City to distribute (Final, Word or email).
• Emissions growth indicators data needs list (Final,
Excel).
• VMT analysis results in Excel spreadsheet with brief
memo documenting VMT methodology (Draft and
Final; Excel, Word and PDF).
• GHG inventory and forecasts workbook (Draft and
Final, Excel).
• GHG targets memo (Draft and Final; Word and PDF).
• List of up to 40 GHG reduction measures (Draft and
Final; Word).
• GHG action summary matrix with PCAP actions and
corresponding emission reductions (Draft and Final;
Excel). • methodology (Draft and Final; Word and PDF).
ASSUMPTIONS
• GHG reduction pathway purpose is to provide
directional guidance that informs CAP action
development and is based on order-of-magnitude
• AECOM will utilize existing tools and will not develop • The City will provide one round of review on
draft deliverables, and will provide a single set of
consolidated and adjudicated comments.
GHG reduction potential.
AECOM 25
EXHIBIT 1 91
Analysis
This task includes three mandatory CPRG program elements that will be evaluated for the plan’s GHG reduction measures, workforce planning analysis. Our team has developed several multi-criteria evaluation frameworks to support climate action prioritization discussions and will leverage this experience in a multi-criteria prioritization process in Task 8.
Per CPRG guidance, we generally anticipate evaluating the planning analysis in the CCAAP phase. We also propose
PCAP phase to support community engagement discussions
described in Task 3.
key co-pollutants (e.g., PM2.5, NOx, SO2, VOCs) and establish a framework for qualitatively evaluating other climate action impacts, including costs and savings.
We will use the EPA’s National Emissions Inventory (NEI) to develop the CPRG-required co-pollutant emissions base year inventory. We propose using a combination of the NEI, the City of Stockton and/or SJCOG travel demand models, and other resources, such as regional growth assumptions, to develop the co-pollutant business-as-usual projection against which the CCAAP estimated reductions can be compared. We will then use a combination of action impact analysis tools, as discussed in Task 5.5, to develop a replicable and transparent framework for quantifying co-pollutant reductions from the GHG reduction measures. For example, co-pollutant analysis tool, while others could be calculated through a two-step process using the ESIST tool and then AVERT and/or CoMapping tool (COBRA) for co-pollutant and public health impacts analysis, respectively.
We will supplement the co-pollutant reduction analysis with a can relate to topic areas such as: changes in public health outcomes (e.g., potential for reduced respiratory diseases and/ or decreases in morbidity and/or mortality rates through air quality improvements or active transportation opportunities), level of stakeholder engagement, increased resilience (e.g., avoided physical damages), job and workforce development, and spending considerations, such as upfront costs and
lifecycle savings, among others to be reviewed with the City.
To evaluate impacts related to household spending, we will leverage our recent work with the City of Davis analyzing as well as our work with The Climate Center and City of San José, which consider lifecycle costs and savings. If there are region, these will also be documented qualitatively.
We will solicit input from the City, Project Collaborators, and be used to evaluate action impacts. Community input will be the draft GHG actions and emissions reductions developed in Task 5. For each draft GHG action, we will provide a brief later in the action prioritization process (see Task 8).
DELIVERABLES
• Co-pollutant base year inventory and forecast (Draft
and Final; Excel).
•
estimates for each GHG reduction and other climate
• Technical memo outlining methodology and
assumptions for co-pollutant reduction estimates and
ASSUMPTIONS
•
•
and reports.
• The City will provide one round of review on
draft deliverables, and will provide a single set of
consolidated and adjudicated comments.
Task 6.2 Low Income / Disadvantaged
As a region that is home to many underserved and
disadvantaged communities, understanding the impacts
communities is especially important in the Stockton MSA. In accordance with CPRG guidelines, AECOM will use tools such as the Climate and Economic Justice Screening Tool (CEJST) and the Environmental Justice Screening and Mapping
Tool (EJScreen), CDC’s Social Vulnerability Index (SVI), and American Community Survey (ACS) data on poverty and
other demographic variables to identify LIDACs. AECOM is conscious that these data sources do not provide a complete 26 City of Stockton Consultant for the Development of a New Comprehensive Climate Action and Adaptation Plan
EXHIBIT 1 92
To make the analysis as comprehensive and relevant as
possible for disadvantaged communities, the AECOM team
will supplement the quantitative analysis with input from stakeholders and ongoing feedback from the public and
stakeholder engagement strategies in Task 3.
Like Task 6.1 and in accordance with the CPRG guidelines, the AECOM team will assess how GHG reduction measures
location data are available, we will map GHG reduction
quantitatively assess likely GHG emissions and co-pollutant reductions. For measures without location data, we will associated with the GHG reduction measures. We will also from the GHG reduction measures.
We will solicit input from the City, Project Collaborators, should be used to evaluate action impacts in LIDACs.
such as the economy (including jobs), buildings, energy use, transportation and land use, waste generation, water consumption, wastewater treatment, urban forestry, high which could include the same criteria selected in Task 6.1.
For each draft GHG action, we will provide a brief qualitative provides to LIDACs. This information will be used later in the action prioritization process (see Task 8).
Stakeholder and community engagement will be critical
for ground truthing this analysis, which will in turn support the action prioritization process in Task 8. As part of Final Plan Development (Task 10), AECOM will update the LIDAC
DELIVERABLES
•
and Final; Word).
•
pollutant reduction estimates, as available (Draft and
Final; Excel).
• Technical memo summarizing the analyses, including
relevant), summary of outreach and engagement in
LIDACs (Draft and Final; Word and PDF).
ASSUMPTIONS
• The City will provide one round of review on
draft deliverables, and will provide a single set of
consolidated and adjudicated comments.
Task 6.3 Workforce Planning Analysis
AECOM has led several studies related to labor vulnerability and workforce development planning as it relates to preparing in the CCAAP, AECOM will identify industries and occupations that will be in high demand to implement GHG reduction
actions. We will evaluate current and projected occupational growth to identify where growth is expected, where decline is expected, where there may be gaps in labor supply, the be needed.
and City team, AECOM will conduct targeted research and analysis to identify workforce needs, opportunities, and challenges, particularly as they relate to the “green transition.” We will also conduct a landscape analysis of existing
workforce development agencies, trade associations, unions, and local educational institutions that provide training and upskilling programs, with a particular focus on those that support jobs that are expected to be impacted by the “green interviews with these programs to understand challenges and opportunities related to capacity, curriculum development, and partnerships.
DELIVERABLES
• Workforce development assessment memo (Draft
and Final; Word and PDF).
• Interview guide (Draft and Final; PDF).
ASSUMPTIONS
• The City will provide one round of review on
draft deliverables, and will provide a single set of
consolidated and adjudicated comments.
Task 6.4 Analysis of Intersection with
Other Funding Availability
Based on the CPRG’s CCAP requirements, AECOM will
investigate sources of funding from federal and state
agencies that can potentially support the proposed GHG
reduction measures, especially grants and loans made
available through the Bipartisan Infrastructure Law (BIL) and grant programs aligned with sustainable transit-oriented development, decarbonization of buildings and the electric AECOM 27
EXHIBIT 1 93
grid, electric vehicle adoption, and renewable energy. The team will also examine how recurring sources of federal funding available to the City and partner jurisdictions, such as the Community Development Block Grant (CDBG), the
Community Services Block Grant (CSBG), and multiple
transportation formula funds, may be able to support GHG reduction measures. Emissions reductions measures with
multiple potential funding sources will be noted.
DELIVERABLES
• Technical memo describing applicable funding
sources for the CCAAP’s proposed GHG reduction
measures (Draft and Final; Word and PDF).
ASSUMPTIONS
• The City will provide one round of review on
draft deliverables, and will provide a single set of
consolidated and adjudicated comments.
Task 6.5 Review Authority to Implement
Actions
Successful implementation of the CCAAP actions will require coordination across regional, sub-regional, and local levels actions by type (e.g., building code updates, education and outreach initiatives, planning/zoning requirements, renewable energy investments, etc.). AECOM will then develop a matrix of intervention categories and any statutory or regulatory gaps at the state and local government level. To populate the matrix, we will incorporate information from other published PCAPs, review previous plans and studies that identify
barriers, and incorporate input from the City team. Results from the authority analysis will be incorporated into the draft action summary matrix (Task 8.1) and the review process and results will be summarized in the CCAAP document.
DELIVERABLES
• Matrix for each action identifying its action type,
intervention category, statutory or regulatory gas, and implementation authority evaluation (Draft and Final;
Excel)
Task 7. Draft Plan Development
(Priority Climate Action Plan)
The AECOM team will develop the PCAP using non-technical and approachable language accessible for residents with varying levels of knowledge around climate action. The PCAP will summarize the community engagement process and
technical planning work completed to date related to GHG emissions and climate vulnerability, with technical memos developed for prior tasks included as appendices.
We anticipate the PCAP will serve as the initial draft of the CCAAP and will include all content to be presented in the Final CCAAP, excluding the Action Implementation Plans, which will be developed after the PCAP’s initial nine-month timeframe.
The PCAP will describe the:
• Planning process overview and alignment with other City of Stockton plans;
• Community engagement process and outcomes;
• Greenhouse gas inventory, projections, and targets;
• Climate vulnerability assessment outcomes;
• Action development process and draft climate actions; and
• Action impacts, including GHG reductions, and results workforce planning analysis, and review of authority to implement.
AECOM will develop an annotated PCAP outline for the City project team review and comment prior to developing the full PCAP document. We will provide an internal PCAP draft to the to releasing a public-ready PCAP deliverable. We envision the PCAP as an interim deliverable on the path toward the layout and shared publicly on the CCAAP website to support community engagement discussions during the CCAAP
development phase, though we do not anticipate this to be a formal 30-day public review period.
We anticipate the City team may want consultant support in presenting the PCAP or Public Review Draft CCAAP to City Council for initial comments prior to the Final CCAAP adoption hearing. AECOM will attend one City Council meeting , and will be prepared to support the City project team in presenting the PCAP or draft version of the CCAAP, as needed. This could include developing a PowerPoint slide deck, delivering a short project presentation, and/or answering Council’s technical questions.
DELIVERABLES
• PCAP annotated outline (Draft and Final; Word).
• PCAP written in user-friendly, non-technical language, with technical appendices (Draft and Final; Word and
PDF).
• City Council meeting project slide deck (Draft and
Final; PPT).
28 City of Stockton Consultant for the Development of a New Comprehensive Climate Action and Adaptation Plan
EXHIBIT 1 94
ASSUMPTIONS
• The PCAP will be laid out in MS Word with light graphic formatting to facilitate easier review and editing
• Action Implementation Roadmaps will be developed
in Task 9, following PCAP development, and will be
included as a technical appendix in the Final CCAAP.
• The PCAP will be shared on the CCAAP website but
would not include a formal 30-day comment period;
the Public Review Draft CCAAP would include a formal
• Up to two (2) AECOM team members will join an inperson City Council meeting. •
packets.
• The City will provide one round of review on
draft deliverables, and will provide a single set of
consolidated and adjudicated comments.
Task 8. Action Prioritization
This task consolidates technical analysis from previous tasks into a set of draft climate actions and their corresponding then occur on this set of draft climate actions: • Community Action Implementation Priorities: a prioritization process will be conducted to develop a
that provides guidance to the City on which actions
should be pursued immediately and which can follow
along later.
• Implementation Plan Priorities: a prioritization process partners to select a sub-set of climate actions for which implementation plans will be developed.
Our team has developed several multi-criteria evaluation frameworks to support climate action prioritization,
including the Action Selection and Prioritization (ASAP) tool developed for C40 Cities, a recent project with the Tennessee Department of Transportation to support
its federally mandated Carbon Reduction Strategy, and
adaptation projects including the City of Davis CAAP. We will leverage these examples in developing a customized action prioritization approach for Stockton.
Task 8.1 Develop Consolidated Set of
Climate Actions
AECOM will incorporate outcomes of the preceding action action summary matrix. GHG reduction and adaptation
actions will be listed separately, with actions shown as rows and pertinent information provided in columns, such as
emissions sector or climate hazard addressed, GHG and
impacts, authority to implement (see Task 6.5), and other action evaluation criteria selected (see Task 8.2).
Task 8.2 Community Action Prioritization
AECOM will facilitate a multi-criteria evaluation process considerations when selecting priorities for climate action implementation. We will work with the City and community members through the stakeholder engagement activities
against which the list of climate actions will be evaluated. implementation aspects, such as GHG reductions, climate AECOM 29
EXHIBIT 1 95
between GHG reduction and adaptation actions; adaptation evaluation criteria could include asset vulnerability, presence of disadvantaged or low-income communities, or potential to health, etc.).
We will incorporate the selected evaluation criteria into the action summary matrix developed in Task 8.1 and will qualitatively evaluate the draft list of actions against the selected criteria. We will review initial outcomes with the City project team before sharing publicly at the second community workshop (see Task 3) to collect input on how residents want to see actions prioritized for implementation phasing into immediate, medium-, and longer-term opportunities. The
results of these community discussions will be incorporated Task 8.3 Implementation Plan Prioritization
relevant regional partners to select 20 actions [e.g., 14 mitigation and six (6) adaptation] for implementation plan development described in Task 9. The actions selected will not necessarily align with the community action prioritization list in Task 8.2; implementation plans are best suited for more
DELIVERABLES
• CCAAP action summary matrix (Draft and Final; Excel). • Community climate action implementation priorities
(Final; Word).
• Implementation plan prioritization list with 20 actions (Final; Word).
ASSUMPTIONS
• Action prioritization matrix will include up to ten (10) evaluation criteria.
• The City will provide one round of review on
draft deliverables, and will provide a single set of
consolidated and adjudicated comments.
Task 9. Implementation Plan
Development
Climate action and adaptation plans can sometimes be
critiqued for failing to provide enough detail on proposed actions to enable implementation. We are a team that is driven become a reality.
AECOM will collaborate with the City project team to develop a common implementation roadmap template that we
will populate for the 20 actions [e.g., 14 mitigation and six experience, the template would likely include project attributes such as:
• implementation time frame,
• lead implementor and supporting partners,
• implementation steps,
• operational considerations,
• regulatory requirements,
• high level cost estimate ranges,
• intersection with funding opportunities, and
• metrics to track progress.
AECOM will facilitate up to six (6) one-hour working meetings needed, to complete the draft roadmaps. We will provide the full set of roadmaps to the City team and Project
Collaborators for review and will incorporate one consolidated can be included as an appendix to the Final CCAAP.
DELIVERABLES
• Implementation roadmap template for 20 prioritized
actions (Draft and Final; Word).
• 20 completed implementation roadmaps (Draft and
Final; Word and PDF).
ASSUMPTIONS
•
implementation roadmaps; AECOM will facilitate
stakeholders through up to six (6) one-hour virtual
meetings.
• The City will provide one round of review on
draft deliverables, and will provide a single set of
consolidated and adjudicated comments.
Task 10. Final Plan Development
Task 10.1 Public Review Draft CCAAP
Based on the City project team review of the PCAP, AECOM will incorporate one consolidated and adjudicated set of City comments to develop the Public Review Draft CCAAP. We will provide a web-ready PDF of the Public Review Draft to publish on the CCAAP website and anticipate a 30-day public review period. We will provide a simple CCAAP review comment form for the City to provide with the Public Review Draft to facilitate and standardize the commenting process. We anticipate the City project team will review and adjudicate public comments received into a consolidated set of revisions for AECOM to incorporate into the Draft Final CCAAP. Our team will facilitate 30 City of Stockton Consultant for the Development of a New Comprehensive Climate Action and Adaptation Plan
EXHIBIT 1 96
a virtual meeting with the City project team to resolve public comments that might require further internal discussion and will summarize outcomes in a brief memo.
During the public comment period, AECOM will facilitate a two-hour virtual meeting with the Project Collaborators to hear and discuss their comments on the draft plan. Following the meeting, we will submit a short summary of the plan revisions we heard from Project Collaborators to the City Task 10.2 Draft Final CCAAP
AECOM will incorporate public review comments into a Draft Final CCAAP for City project team review prior to moving the document into graphic layout. We will meet with the City team consolidated set of revisions to the plan.
Task 10.3 Final CCAAP
AECOM will incorporate Draft Final plan comments into
the Final CCAAP and move the document into InDesign
for graphic layout; alternatively, we can make graphic
will be well-organized for easy navigation and graphically rich, incorporating use of photographs, infographics, and wellplanning story.
AECOM will attend the City Council adoption hearing for the Final CCAAP and will be prepared to support the City project include developing a PowerPoint slide deck, delivering a short project presentation, and/or answering Council’s technical questions.
Task 10.4 Final CCAAP Launch Event
Following City Council adoption of the Final CCAAP, AECOM will participate in a public CCAAP launch event organized public celebration to informally review the Final CCAAP and have ample opportunity for community-led action to advance the City’s ambitious climate actions, and this event can be collaboration moving forward. AECOM will join two (2) virtual event brainstorming meetings with the City project team and discuss ways to solicit input from participants on future implementation collaboration opportunities.
DELIVERABLES
• Public Review Draft CCAAP as web-ready PDF
document (Final; Word and PDF).
• CCAAP review comment form (Draft and Final; Word).
• Summary of Climate Action Plan Advisory Committee
Public Review Draft comments (Final; Word).
• Draft Final CCAAP (Final; Word and PDF).
• Final CCAAP (Final; INDD or Word and PDF).
• City Council adoption hearing project slide deck (Draft and Final; PPT).
ASSUMPTIONS
• The City will provide one round of review on
draft deliverables, and will provide a single set of
consolidated and adjudicated comments.
• Public Review Draft CCAAP and CCAAP review
comment form will be posted on CCAAP website for
30-day review period.
• City will review and adjudicate public comments into
one consolidated set of revisions for the Draft Final
CCAAP.
•
images from Stockton to be incorporated throughout
the Final CCAAP document.
• City will perform CEQA review for CCAAP.
• AECOM will participate in up to two (2) virtual CCAAP launch event brainstorming discussions with City
members.
• Up to two (2) AECOM team members will attend the
City Council adoption hearing and will attend the inperson CCAAP launch event. •
packets.
An example of a report designed by AECOM.
AECOM 31
EXHIBIT 1 97
Task 11. Status Report
AECOM will develop a draft Status Report template for review and revision with the City project team. The Status Report template can be used to provide regular and consistent
updates to community members, City Council, and other
partners on how Stockton is progressing on its climate
actions. Based on the agreed upon template, we will develop up to two (2) Status Reports during the project performance We anticipate the Status Report will be organized to provide updates on CCAAP action implementation, and will provide analysis and updates of the following topics:
• Qualitative implementation status description of GHG
reduction and climate adaptation measures,
• Changes in GHG inventory activity data, as available (e.g., electricity and natural gas use, community vehicle miles traveled, solid waste disposed),
• High-level outline of next steps and future budget and In developing the Status Reports for this project, AECOM will for action implementation and collect the newest available activity data related to GHG inventory emissions sources.
DELIVERABLES
• Status Report template (Draft and Final; Word).
• Status Report #1 (Draft and Final; Word and webready PDF). • City Council meeting slide deck summarizing Status
Report #1 (Draft and Final; PPT).
• Status Report #2 (Draft and Final; Word and webready PDF). • City Council meeting slide deck summarizing Status
Report #2 (Draft and Final; PPT).
ASSUMPTIONS
•
packets.
• The City will provide one round of review on
draft deliverables, and will provide a single set of
consolidated and adjudicated comments.
Optional Task 1: Building Energy
Assessments, Energy Audits, &
Building Upgrades
AECOM’s High Performance Buildings + Communities team is experienced in performing building energy audits and making results. Based on the RFP published March 20, 2024, task language, we propose ASHRAE Level 2 audits for the Tier 1 ASHRAE Level 2 audits for the County of Santa Clara, Los Angeles Community College District, and San Diego Gas and Electric.
We will develop ASHRAE Level 2 energy audits to identify in energy performance and operational savings from assets including HVAC systems and equipment, lighting and control systems, and building envelopes.
Based on our recent experience, including with the Western Riverside Council of Governments, we recommend that the City also consider evaluating energy resilience opportunities to support sustainment of critical operations and would be AECOM team members will perform on-site energy audits
of each facility and will summarize audit results in a memo that outlines the potential energy savings opportunities from
DELIVERABLES
• Written report following standard ASHRAE Level 2
energy audit guidelines (Draft and Final; PDF).
ASSUMPTIONS
• AECOM will follow ASHRAE Standard 211 for
Commercial Energy Audits
• Maximum of one-day (1) site visit for every two (2)
buildings to be audited, with a total of 27 individual
buildings to be included; we assume audits for the
Arnold Rue and Van Buskirk community centers will
include the Arnold Rue and Van Buskirk micro-libraries
included within the respective community centers.
• Cost estimates will be Rough Order of Magnintude
and based on AACE level 5.
• Energy savings will be estimated using Microsoft
Excel-based calculators.
• AECOM will rely on accuracy of data provided by the
City.
• Fee is based on assumption of 450,000 total square
facilities to be audited.
• The City will provide one round of review on
draft deliverables, and will provide a single set of
consolidated and adjudicated comments.
32 City of Stockton Consultant for the Development of a New Comprehensive Climate Action and Adaptation Plan
EXHIBIT 1 98
Exhibit F
EXHIBIT 1 99
City of Stockton
Legislation Text
File #: 24-0693, Version: 1
ADOPT A RESOLUTION AUTHORIZING A REIMBURSEMENT AGREEMENT WITH H. D. ARNAIZ
CORPORATION FOR DESIGN, CONSTRUCTION, CONSTRUCTION MANAGEMENT, AND
PROJECT MANAGEMENT SERVICES FOR THE NORTHEAST STOCKTON WATER
TRANSMISSION MAIN
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize a reimbursement agreement with H. D. Arnaiz Corporation, Inc. in the estimated amount of $15,817,379.38 for design, construction, construction management, and project management services for the Northeast Stockton Water Transmission Main (Exhibit 1 to the Resolution).
2. Authorize the reappropriation of $7,299,000 from the capital project West, East and South Bear Creek Oversizing Reimbursements (UH21001) to the Cannery Park Water Transmission Reimbursement Project (UH24003).
It is further recommended that the City Manager be authorized to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
The City of Stockton North Water System planned expansion will accommodate the development of industrial, commercial, and residential property, and the need for increased fire suppression water supplies in northeast Stockton. A reimbursement agreement with H. D. Arnaiz Corporation will provide the most expeditious method to complete the design, construction, and installation of improvements to the North Water System (Improvements).
The amount for design services shall not exceed $650,000 and will be reimbursed in accordance with the Public Facilities Fee Program. The total reimbursement amount, including design services, is estimated to be $15,817,379.38.
Once the Plans and Specifications are approved and a selected contractor has been identified through a competitive bidding process, the developer may proceed with the construction and installation of the Improvements.
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DISCUSSION
Background
The City of Stockton Water Master Plan Update was adopted by the City Council on February 23, 2021. The Water Master Plan Update identified, in part, large water transmission pipelines necessary to support the growth of industrial, commercial, and residential development in northeast Stockton.
The current project mostly consists of the construction of a 24-inch water transmission main along West Lane between Bear Creek and Eight Mile Road; a 24-inch water transmission main along Eight Mile Road between West Lane and the State Route 99 West Frontage Road; and a 24-inch water transmission main along the State Route 99 West Frontage Road between Eight Mile Road and PFC Jesse Mizener Street (see Attachment A). The construction of the Improvements will provide the necessary potable and fire suppression water supplies for future industrial, commercial, and residential development projects in northeast Stockton.
The H. D. Arnaiz Corporation (the “Developer”) is requesting reimbursement in accordance with the Public Facilities Fee Program. The City Council adopted Resolution No. 2019-10-08-1104 entitled Public Facilities Fee Program Administrative Guidelines ("Guidelines") specify when a developer is eligible for a credit or reimbursement of public facilities fees. The City has identified the installation of the Improvements as included in the Public Facilities Fee Program, and thus the cost of the design, construction, and installation of the improvements are eligible for reimbursement pursuant to the Public Facilities Fee Program guidelines.
Present Situation
To expedite the expansion of the City of Stockton North Water System, the Improvements are proposed to be constructed in a design-bid-build arrangement through a reimbursement agreement with the Developer. The Developer has the knowledge and experience necessary to prepare plans and specifications for the design, construction, and installation of the waterline.
Once the City Council approves the reimbursement agreement, the Developer will provide for the design of the Improvements. The amount for design services shall not exceed $650,000.
Following the Director of Municipal Utilities (“Director”) approval of the Plans and Specifications, the Developer shall solicit a minimum of three competitive proposals (the “Proposals”) from construction companies experienced with pipeline and well construction, for the construction and installation of the Improvements. The Developer will provide copies of the Proposals to the Director.
After a comprehensive review of the Proposals by the Developer and consultation with the Director, the Developer shall select a construction company (the “Selected Contractor”) to negotiate final costs and contractual terms and conditions.
Once the Plans and Specifications are approved by the Director, and the Selected Contractor has been identified, the Director is authorized to direct the Developer to proceed with the construction and installation of the Improvements.
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File #: 24-0693, Version: 1
After the Notice to Proceed has been issued by the Director, the Developer shall contract with the Selected Contractor for the construction and installation of the Improvements. The Selected Contractor shall furnish the City with original certificates for Commercial General Liability, Commercial Business Automobile Policy, Worker’s Compensation Insurance, and Builder’s Risk Insurance in the amounts specified and approved by City. The Selected Contractor shall include City and Developer as additional insured under the insurance policies referenced above.
The Developer requests reimbursement of actual costs incurred for services including design, construction, construction management, and project management. The City has identified the project costs as eligible for reimbursement pursuant to the Public Facilities Fee Program guidelines.
The Total Estimated Reimbursement amount can be summarized as follows:
Site Preparation $348,375.00
Water System $8,931,550.00
Street Work $1,227,700.00
Miscellaneous $620,000.00
Contingency (20%) $2,225,525.00
Plan Check Fee (4%) $445,105.00
Inspection Fee (4.5%) $500,743.13
Construction Management (3%) $333,828.75
Construction Staking $62,000.00
Project Bond (2% Premium) $222,552.50
Permitting/Observation $100,000.00
Permitting/CEQA $150,000.00
Total Construction Cost $15,167,379.38
Design Cost $650,000.00
Total Estimated Reimbursement $15,817,379.38
The Northeast Stockton Water Transmission Main Project is anticipated to be completed in the spring of 2026.
Local Employment Ordinance
The contract amount is over $100,000 and subject to the City’s Local Employment Ordinance (Stockton Municipal Code Section 3.68.095), which requires that “all City contracts for public works or improvements of the estimated value or City subsidy of $100,000 or more shall contain provisions pursuant to which the contractor promises to make a good faith effort, with the assistance of local City of Stockton Page 3 of 5 Printed on 7/3/2024
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File #: 24-0693, Version: 1
labor union hiring halls or community organizations designated by the City to employ qualified individuals who are, and have been for one year prior to the effective date of the contract, residents of Stockton in sufficient numbers so that no less than 50 percent of the contractor’s total construction workforce, including any subcontractor workforce, measured in labor work hours, is comprised of Stockton residents.”
On July 26, 2016, the City Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. The CWTA specifies several conditions that must be met by contractors and employers awarded public works or improvement contracts with the City of Stockton valued at $1 million or more. CWTA requirements include, among other conditions, preconstruction conferences for coordination, recognition of union(s) as the sole bargaining representative, requirements for contractors and employers to use union referral systems, and apprentice programs to develop adequate numbers of competent workers, including that 50 percent of apprentices employed on the project are from Stockton or San Joaquin County. The CWTA will apply to this project because the estimated repair services cost is more than $1 million.
Environmental Clearance
The proposed Reimbursement Agreement does not require additional environmental review from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), (General Rule/Common Sense Exemption) and pursuant to Section 15162 (Subsequent EIRs and Negative Declarations). Per Section 15061, the proposed monetary agreement involves defining the financial payments for construction work (waterlines) associated with the previously approved Tra Vigne Subdivision Project (SCH# 2016022061) and Cannery Park Mixed Use Project (SCH #2003042022) and will not result in a new project and/or physical change to the environment. Per Section 15162, construction work described in the financial agreement will not result in new construction or a change to the certified Environmental Impact Reports (EIR) associated with those projects. Therefore, no further environmental review is required pursuant to CEQA Sections Section 15061(b)(3), (General Rule/Common Sense Exemption) and pursuant to Section 15162 (Subsequent EIRs and Negative Declarations).
FINANCIAL SUMMARY
Funds will be reappropriated in the current fiscal year from the previously approved capital project West, East and South Bear Creek Oversizing Reimbursements (UH21001) to the Cannery Park Water Transmission Reimbursement Project (UH24003). The remaining funds will be budgeted in the upcoming FY 2024 - 2029 CIP.
PROJECT Amount
UH24003 - Northeast Stockton Water Transmission Main $2,600,000.00 UH21001 - West, East and South Bear Creek Oversizing Reimbursements $7,299,000.00 Delta Water Supply Project Connection Fee Fund $5,918,379.38 TOTAL $15,817,379.38
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Work described in project UH21001 will be completed as part of the Northeast Stockton Water Transmission Main, project UH24003. Staff recommends that the City Council approve the transfer of $7,299,000 from project UH21001 to project UH24003, closing out project UH21001.
This action has no impact on the General Fund or any other unrestricted funds.
Attachment A- Project Map
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"EXHIBIT A"
JUNE, 2024
WEST LANE N. GOLFVIEW RD MICKE GROVE RD UNION PACIFIC RAILROAD N. PEARSON ROAD
BEAR CREEKHOLMAN ROAD
PFC JESSE MIZENER RD STATE ROUTE 99
E. EIGHT MILE ROAD WEST LANE WEST LANE
E. MORADA LANE
BEAR
CREEK
CREEK
BEAR
LEGEND N
NOT TO SCALE
E. EIGHT MILE ROAD
E. MORADA LANE
SEGMENT 1
SEGMENT 2
SEGMENT 3 SEGMENT 4
ATTACHMENT A
105
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO AUTHORIZE A REIMBURSEMENT AGREEMENT WITH H. D.
ARNAIZ CORPORATION FOR DESIGN, CONSTRUCTION, CONSTRUCTION
MANAGEMENT, AND PROJECT MANAGEMENT SERVICES FOR THE
NORTHEAST STOCKTON WATER TRANSMISSION MAIN PROJECT
To provide potable water for the planned development of industrial, commercial, and residential property, and the need for increased fire suppression water supply in northeast Stockton, the City North Water System needs to be expanded through the installation of the Northeast Stockton Water Transmission Main Project (the "Improvements"); and
To expedite the expansion of the North Water System, the Improvements are proposed to be constructed in a design-bid-build arrangement through a reimbursement agreement with H. D. Arnaiz Corporation in accordance with the Public Facilities Fee Program guidelines; and
H. D. Arnaiz Corporation is requesting reimbursement of actual costs incurred for design, construction, construction management, and project management services for the installation of the improvements; and
Upon approval of the plans and specifications for the construction and installation of the Improvements by the Director of Municipal Utilities, the H. D. Arnaiz Corporation will solicit a minimum of three proposals from construction companies experienced with the construction of large water transmission mains and well construction; and After a comprehensive review of the Proposals by Developer and consultation with the Director, the Developer shall select a construction company (the “Selected Contractor”) to negotiate final costs and contractual terms and conditions; and Once the Selected Contractor has been identified, the Director is authorized to direct the Developer to proceed with the construction and installation of the Improvements; and
The City adopted Resolution 2019-10-08-1104, entitled Public Facilities Fee Program Administrative Guidelines (Guidelines) and all amendments thereto to date specify when a developer is eligible for a credit or reimbursement of public facilities fees; and
The City has identified the preparation of plans and specifications, and the construction and installation of the Improvements as included in the Public Facilities Fee 106
Program, thus the cost of preparing plans and specifications, and the construction of the Improvements are eligible for reimbursement pursuant to the Guidelines; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. City Council hereby authorizes a reimbursement agreement with H. D.
Arnaiz Corporation, Inc. in the estimated amount of $15,817,379.38 for design, construction, construction management, and project management services for the Northeast Stockton Water Transmission Main.
2. The City Manager is hereby authorized and directed to execute the Northeast Stockton Water Transmission Main Reimbursement Agreement, attached hereto as Exhibit 1.
3. The City Manager or designee is hereby authorized to reappropriate $7,299,000.00 from the capital project West, East and South Bear Creek Oversizing Reimbursements (UH21001) to the Cannery Park Water Transmission Reimbursement Project (UH24003).
4. The City Manager is authorized to take all necessary and appropriate steps to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED July 9, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
107
1 NORTHEAST STOCKTON WATER TRANSMISSION MAIN
REIMBURSEMENT AGREEMENT
This Northeast Stockton Water Transmission Main Reimbursement Agreement (“Reimbursement Agreement”) is made and entered into on ________________________, 2024 by and between the City of Stockton, a municipal corporation, referred to as “CITY,” and H.D. Arnaiz Corporation, Inc., referred to as “DEVELOPER.”
RECITALS
The “Water Master Plan”, adopted by the City Council on February 23, 2021, contained certain recommended water system capital improvements; and One of the capital improvements recommended in the Water Master Plan to improve water pressure and fire flow to northeast Stockton is the construction of approximately 17,600 lineal feet of new 24 inch diameter water transmission mains along West Lane between Bear Creek and Eight Mile Road, along Eight Mile Road between West Lane and the State Route 99 West Frontage Road, and along the State Route 99 West Frontage Road between Eight Mile Road and PFC Jesse Mizener Street as more fully set forth in Exhibit A; and CITY desires to provide for the design and construction of the water transmission mains along West Lane between Bear Creek and Eight Mile Road, along Eight Mile Road between West Lane and the State Route 99 West Frontage Road, and along the State Route 99 West Frontage Road between Eight Mile Road and PFC Jesse Mizener Street (collectively the “Improvements”); and CITY acknowledges that DEVELOPER has the knowledge and experience necessary to cause the preparation of plans and specifications for the design, construction, and installation of the Improvements consistent with review and approval by the Director of Municipal Utilities of CITY (the “Director”); and CITY acknowledges that DEVELOPER has the expertise to perform construction management services for the construction and installation of the Improvements; and
DEVELOPER has agreed to design, construct and install, or cause the design, construction and installation of the Improvements consistent with Plans and Specifications to be approved by the Director of Municipal Utilities of CITY; and
DEVELOPER has engaged VVH Consulting Engineers as the Design Engineer (the “Engineer”) to conduct an alignment study, plans and specifications for the design of the Improvements at a cost “not to exceed” $650,000 (the “Design Cost”); and
EXHIBIT 1 108
2 DEVELOPER has engaged the Engineer to prepare a cost estimate for the construction of the Improvements (the “Estimated Improvement Cost”) as more fully set forth in Exhibit “B” where the Estimated Improvement Cost is $11,127,625.00; and
CITY has agreed to reimburse DEVELOPER for costs incurred by DEVELOPER for the Design Cost, the Estimated Improvement Cost, plan check fees, inspection fees, construction management, construction staking, warranty bond, undercrossing permitting, and a reasonable amount for contingencies (collectively the “Total Estimated Reimbursement”) as provided herein as $15,817,379.38; and
CITY acknowledges that right-of-way may need to be acquired in the form of Fee Simple Title or Easement Deed; and
DEVELOPER has agreed, upon completion of the construction, installation of the Improvements, and reimbursement to DEVELOPER for costs incurred, to release and dedicate to CITY all right, title and interest of DEVELOPER in the Improvements; and
CITY has within its current approved budget the Water Capital Fund 6518- 000-800007-600-605-00-65-000-000, which is intended to fund the costs of the design, construction, and installation of the Improvements; and This Agreement is entered into pursuant to the provisions of the Subdivision Map Act of the State of California and the Stockton Municipal Code Chapter
16.72.210C to provide for the reimbursement to DEVELOPER for the costs of the design, construction and installation of the Improvements.
TERMS AND CONDITIONS
In consideration of these premises and the mutual promises contained herein, the parties hereto agree as follows:
1. RECITALS: Each of the parties hereto represents and warrants each to the other, that the above recitals are true and correct.
2. PREPARATION AND APPROVAL OF PLANS AND SPECIFICATIONS AND COST ESTIMATE: DEVELOPER shall cause to be prepared, through the Design Engineer, an alignment study, cost estimates, plans and specifications for the design, construction and installation of the Improvements (the “Plans and Specifications”). The Plans and Specifications will be prepared in accordance with the Standard Plans and Specifications of CITY and will be a biddable set of documents prepared in the same manner as those prepared for CITY construction projects. DEVELOPER shall obtain approval by all appropriate government EXHIBIT 1 109
3 agencies and City Departments of the Plans and Specifications, including the approval of the Director.
Following the Director’s approval of the Plans and Specifications, DEVELOPER shall solicit a minimum of three competitive proposals (the “Proposals”), from construction companies experienced with pipeline and well construction, for the construction and installation of the Improvements.
DEVELOPER will provide copies of the Proposals to the Director.
After a comprehensive review of the Proposals by DEVELOPER and consultation with the Director, DEVELOPER shall select a construction company (the “Selected Contractor”) to negotiate final costs and contractual terms and conditions.
Once the Plans and Specifications are approved by the Director, and the Selected Contractor has been identified, the Director is authorized to direct the DEVELOPER to proceed with the construction and installation of the Improvements.
After the Notice to Proceed has been issued by the Director, DEVELOPER shall contract with the Selected Contractor for the construction and installation of the Improvements. The Selected Contractor shall furnish the CITY with original certificates for Commercial General Liability, Commercial Business Automobile Policy, Worker’s Compensation Insurance, and Builder’s Risk Insurance in the amounts specified and approved by CITY. The Selected Contractor shall include CITY and DEVELOPER as additional insured under the insurance policies referred to above.
3. CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS: After receiving Notice to Proceed from the Director, DEVELOPER shall acquire all necessary permits and shall cause the construction and installation of the Improvements in compliance with the approved Plans and Specifications.
Construction of the Improvements shall be subject, at all reasonable times prior to their acceptance, to inspection by the Director and the City Engineer, which shall be accomplished in a timely manner.
4. ACCEPTANCE OF IMPROVEMENTS:
4.1 Record Drawings. DEVELOPER shall provide record drawings or other similar plans and specifications of the Improvements in a form reasonably acceptable to the Director, along with evidence satisfactory to the Director that all costs of the Improvements have been fully paid to the party or parties entitled to be paid for such costs and that all, if any, liens have been cleared or released. All warranties, guarantees or other evidence of contingent obligations of third persons EXHIBIT 1 110
4 with respect to the Improvements shall be delivered to the Director prior to acceptance of the Improvements.
In the event that the Improvements or any portion of them do not substantially conform to the Plans and Specifications, or if any defects are not corrected within a reasonable time as requested by CITY, CITY shall have the authority to order the necessary work done and to recover the costs of such work as well as any costs of enforcing such obligation, including attorney fees, from DEVELOPER.
4.2 Acceptance. To be accepted by CITY under this Reimbursement Agreement, (1) the Improvements must be completed substantially in accordance with the Plans and Specifications, (2) the as-built plans submitted, all applicable Operations and Maintenance Manuals submitted, equipment testing completed, and all training shall be complete, (3) the Improvements must be in such condition that they are ready for use by CITY or by the public as reasonably determined by the Director. In addition, prior to CITY’s acceptance of the Improvements, DEVELOPER shall provide to the Director a Final Invoice of all costs for reimbursement under this Reimbursement Agreement.
5. REIMBURSEMENT:
5.1 Obligation. Subject to the limitations set forth in Sections 6 and 9 below, CITY agrees to reimburse DEVELOPER for all direct costs incurred in the preparation and approval of the alignment study, cost estimates, Plans and Specifications, plan check fees, inspection fees, construction staking cost, and the construction and installation of the Improvements.
CITY further agrees that DEVELOPER shall also be reimbursed for the costs of any additional work and/or improvements not included in the cost estimates and/or not included in the contract with the Selected Contractor, provided said work and/or improvements, as approved by CITY in advance, are reasonably necessary for the design, installation and construction of the Improvements, including any cost incurred as a result of any changed conditions affecting the Improvements, force majeure, or any other unforeseen or extraordinary circumstance beyond DEVELOPER’s reasonable control. However, eligible reimbursement costs shall not exceed the Total Estimated Reimbursement amount without prior approval of the City Manager or City Council.
5.2 Documentation. DEVELOPER shall provide any documentation substantiating the direct costs of the Improvements reasonably requested by the Director or CITY. There shall be a presumption of reasonableness as to costs incurred pursuant to, and in accordance with, both the construction contract with Selected Contractor and the Proposal submitted by such Selected Contractor.
EXHIBIT 1 111
5 5.3 Changes. In the event that the Director orders any change in the approved Plans and Specifications, the cost of such change shall, notwithstanding the fact that the addition of such cost will cause the total cost of construction to exceed the approved contractual amount, be added to the amount approved for reimbursement, so long as such total reimbursement amount remains less than the Total Estimated Reimbursement amount approved by City Council. If the addition of such costs would cause the direct costs to exceed the approved Total Estimated Reimbursement, the Director shall obtain the approval of the City Manager or City Council as appropriate, prior to giving DEVELOPER an order to proceed with the change. If any change in the approved Plans and Specifications results in a reduction in costs, the approved reimbursement amount shall be correspondingly reduced.
6. REIMBURSEMENT PROCEDURES: Subject to the limitations set forth in Sections 5 and 9, DEVELOPER shall be reimbursed on a monthly basis for costs incurred. DEVELOPER shall submit a voucher to CITY by the fifteenth (15th) of each month for costs and fees paid by DEVELOPER through end of the previous calendar month. All vouchers shall be supported by invoices and lien releases (if appropriate). If DEVELOPER is unable to obtain necessary lien waivers from any contractor(s) and/or subcontractor’s, CITY will reimburse DEVELOPER so long as DEVELOPER provides for a retention, bond or other security in the amount of the reimbursement for which lien waivers are not provided and are necessary. CITY shall review the submitted material and if there are no disputed items, shall have until the fifteenth (15th) day of the following month to pay DEVELOPER the amounts not in dispute. If disputed items exist, CITY shall have an additional thirty (30) days to review the resubmitted material from DEVELOPER (as well as additional material reasonably requested by CITY to substantiate requested reimbursement amounts) and pay DEVELOPER the amounts CITY determines are warranted. The final payment for the Improvements shall be paid to DEVELOPER upon acceptance of the Improvements by CITY.
7. WARRANTY: CITY shall be provided cash, surety bond or certificate of deposit of at least ten percent (10%) of the cost of the Improvements to warranty the work for one (1) year following the date of CITY acceptance of the Improvements. The surety on the bond shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be reasonably satisfactory to the City Attorney and the Administrative Services Officer of CITY. The security warranting that the completed work remains satisfactory during the required 1-year period shall be released at the end of the warranty period after correction of any defects in the work existing at the end of the warranty period, if any. The cost of such security will be reimbursed by the CITY.
8. INDEMNIFICATION & HOLD HARMLESS: To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and EXHIBIT 1 112
6 its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton and its officers, officials, employees and volunteers. 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.
9. SOURCE OF REIMBURSEMENT FUNDING: Notwithstanding any other provision of this Reimbursement Agreement or any condition of project approval, CITY shall not be obligated to reimburse DEVELOPER from CITY General Fund, without express City Council approval. The Improvements are currently the subject of a CITY CIP, Water Capital Fund 6518-000-800007-600-605-00-65-000- 000 account (the “Account), and CITY warrants that the Account contains funds sufficient to satisfy the CITY’s reimbursement obligation as provided herein.
Should there arise from unforeseen circumstances any increase in the costs associated with the construction and installation of the Improvements that would cause the overall cost of the project to exceed the Total Estimated Reimbursement, the parities shall negotiate in good faith regarding their relative obligations arising there from and to the extent an increase in the Total Estimated Reimbursement is required, the approval will be considered and decided by the City Manager or City Council, as appropriate.
10. CITY COUNCIL APPROVAL: This Agreement is subject to the approval of the City Council of the City of Stockton and shall not be effective unless and until such approval has been obtained.
11. AUDIT: CITY or its designee shall have the right, during normal business hours and upon reasonable notice to DEVELOPER, to inspect and copy all books, records, accounts and other material of DEVELOPER pertaining to costs and expenses incurred by DEVELOPER for the design, engineering, installation and construction of the Improvements. DEVELOPER further agrees to maintain such records for a period of three (3) years after final payment under this Reimbursement Agreement.
12. ATTORNEY FEES & COSTS: In the event of the bringing of an action or suit by either party against the other arising out of this Agreement the prevailing party shall be entitled to recover from the other part its reasonable attorneys’ fees (including in-house attorneys) and costs of suit.
13. NOTICES: All notices required shall be in writing and delivered in person or sent by United States mail, postage prepaid.
Notices to CITY shall be addressed as follows:
EXHIBIT 1 113
7 Director of Municipal Utilities
City of Stockton
2500 Navy Drive
Stockton CA, 95206
Notices to DEVELOPER shall be addressed as follows:
H.D. ARNAIZ CORPORATION, Inc.
Attn: Matt Arnaiz
3400 East Eight Mile Road, Suite A
Stockton, CA 95212
Provided that any party may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.
14. NOT PUBLIC WORKS: The parties hereto agree that this Reimbursement Agreement is for the acquisition of certain improvements by CITY, and is not, nor is it intended to be, a public works contract. In performing this Reimbursement Agreement, DEVELOPER is an independent contractor and not the agent of CITY.
CITY shall not have the responsibility for payment to any contractor or supplier of DEVELOPER or for the payment of wages to any laborer who may work on the improvements being constructed and installed by DEVELOPER pursuant hereto.
15. PREVAILING WAGES: DEVELOPER shall pay, or cause to be paid, prevailing wages for all construction work required under this Reimbursement Agreement. For the purposes of this Reimbursement Agreement, “prevailing wages” means not less than the general prevailing rate of per diem wages, as defined in Section 1773 of the California Labor Code and Subchapter 3 of Chapter 8, Division 1, Title 8 of the California Code of Regulation (Section 1600 et seq.), and as established by the Director of the California Department of Industrial Relations (“DIR) for the respective craft classification. In any case, the prevailing wage rate of per diem wages shall be adjusted annually in accordance with the established rate in effect as of such date.
DEVELOPER shall require the construction contractors and subcontractors working on the Improvements to complete and submit all prevailing wage compliance documentation to the CITY. Following commencement of construction, DEVELOPER shall further require the contractors and subcontractors to submit completed certified payroll records with each monthly pay request. The contractors and subcontractors working on the Improvements shall be required to: (1) grant the CITY access to the project site at reasonable times for the purposes of enforcing the provisions of this Section, (2) provide the CITY with documentation relating to compliance with this Section, and (3) indemnify and hold the CITY harmless from any costs, claims, or damages arising form the contractor’s or any subcontractor’s failure to pay prevailing wages, including but not limited to, costs in investigation or conducting audits.
EXHIBIT 1 114
8 16. LOCAL EMPLOYMENT ORDINANCE: For contracts valued at $100,000 and above, 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.
17. COMMUNITY WORKFORCE TRAINING AGREEMENT: For contracts valued at 1,000,000 and above, pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of the CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project.
18. LOCAL PREFERENCE: Pursuant to Stockton Municipal Code Section
3.68.090 preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City.
19. SEVERABILITY: If any part of this Reimbursement Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Reimbursement Agreement shall be given effect to the fullest extent reasonably possible.
20. APPLICABLE LAW: The provisions of this Reimbursement Agreement and any and all disputes arising there from shall be governed by the laws of the State of California.
21. SUCCESSORS & ASSIGNS: This Reimbursement Agreement shall bind and inure to the benefit of the parties and their respective successors, heirs, executors, administrators and assigns.
22. INTEGRATION CLAUSE: This Reimbursement Agreement represents the entire and integrated agreement between the parties regarding the matters set forth herein and supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may be amended only by written instrument signed by the parties.
EXHIBIT 1 115
9 23. REQUIRED SIGNATURES: The undersigned represent and warrant that the individuals signing on their behalf are duly authorized to execute this Reimbursement Agreement and to bind the parties.
IN WITNESS HEREOF, the parties have caused this Reimbursement Agreement to be executed by their duly authorized representatives as of the date set forth above.
CITY OF STOCKTON
By: ________________________
Harry Black, City Manager
H.D. ARNAIZ CORPORATION,
INC.
By: ________________________
Matthew Arnaiz, Secretary
ATTEST:
___________________________
City Clerk of the City of Stockton
APPROVED AS TO FORM:
___________________________
Lori M. Asuncion, City Attorney
EXHIBIT 1 116
10 (Capital Improvements)
Exhibit A
EXHIBIT 1 117
"EXHIBIT A"
NOVEMBER, 2023
WEST LANE N. GOLFVIEW RD MICKE GROVE RD UNION PACIFIC RAILROAD N. PEARSON ROAD
BEAR CREEK
HOLMAN ROAD
PFC JESSE MIZENER RD STATE ROUTE 99
E. EIGHT MILE ROAD WEST LANE WEST LANE
E. MORADA LANE
BEAR
CREEK
CREEK BEAR
LEGEND N
NOT TO SCALE
E. EIGHT MILE ROAD
E. MORADA LANE
SEGMENT 1
SEGMENT 2
SEGMENT 3 SEGMENT 4
EXHIBIT 1 118
11 Exhibit B
(Estimated Improvement Cost)
EXHIBIT 1 119
Description Segment 1 Segment 2 Segment 3 Segment 4 Totals SITE PREPARATION $ 141,025.00 $ 41,700.00 $ 45,750.00 $ 119,900.00 $ 348,375.00 WATER SYSTEM $ 2,932,750.00 3,552,900.00 $ $ 722,700.00 $ 1,723,200.00 $ 8,931,550.00 STREET WORK $ 511,800.00 $ 173,100.00 $ 138,000.00 $ 404,800.00 $ 1,227,700.00 MISCELLANEOUS $ 175,000.00 $ 215,000.00 $ 105,000.00 $ 125,000.00 $ 620,000.00 ESTIMATED IMPROVEMENT COST $ 3,760,575.00 $ 3,982,700.00 $ 1,011,450.00 $ 2,372,900.00 $ 11,127,625.00 Contingency (20%) $ 752,115.00 $ 796,540.00 $ 202,290.00 $ 474,580.00 2,225,525.00 $ Plan Check Fee (4%) $ 150,423.00 $ 159,308.00 $ 40,458.00 $ 94,916.00 445,105.00 $ Inspeciton Fee (4.5%) $ 169,225.88 $ 179,221.50 $ 45,515.25 $ 106,780.50 500,743.13 $ Construction Management (3%) $ 112,817.25 $ 119,481.00 $ 30,343.50 $ 71,187.00 333,828.75 $ Construction Staking $ 15,000.00 $ 20,000.00 $ 12,000.00 $ 15,000.00 62,000.00 $ Faithful Performance Bond (2%) $ 37,605.75 $ 39,827.00 $ 10,114.50 $ 23,729.00 111,276.25 $ Labor and Material Bond (2%) $ 37,605.75 $ 39,827.00 $ 10,114.50 $ 23,729.00 111,276.25 $ UPRR Crossing - Permitting/Observation $ - $ 100,000.00 $ - $ - 100,000.00 $ Permiting/CEQA $ - $ - $ - $ 150,000.00 150,000.00 $
SUBTOTAL $ 1,274,792.63 $ 1,454,204.50 $ 350,835.75 $ 959,921.50 $ 4,039,754.38 TOTAL SEGMENT COST $ 5,035,367.63 $ 5,436,904.50 $ 1,362,285.75 $ 3,332,821.50 $ 15,167,379.38 DESIGN COST $ 650,000.00
TOTAL ESTIMATED REIMBURSEMENT $ 15,817,379.38
NOTES:
1. This Preliminary Quantities Sheet Is Based On Conceptual Plans for Northeast Stockton Water Transmisison Main Dated 9/01/2023. VVH Consulting Engineers Assumes No Liability for Changes Or Increases Required By Governing Agencies Or Utility Companies Which May Occur Upon Improvement Plan Approval.
2. Quantities Do Not Include Any Soft Costs Such As Architecture, Design, Engineering, Permits, Inspections, Consultants, Environmental Studies, Financing, Interest Payments, and Regulatory Demands Needing Approval Before Construction Begins.
3. Excavation, Bedding, And Backfill To Subgrade With Compaction Is Included In Items
4. Shoring Required To Trench And Construct Improvements Is Included In Items
5. Angle Bends Are Included In Price For Items #4-7 (Segments 1 And 2), Items #4-5 (Segments 3 And 4).
6. Thrust Blocks Or Restrained Joints Are Included In Items #4-7, #16 And #17 (Segment 1), Items #4-7 And #15 (Segment 2), Items #4, #5 And #11 (Segments 3 And 4).
7. Valve Box Included On Items #8-12 (Segment 1), Items #8-11 (Segment 2), Items #6-7 (Segments 3 And 4) Per COS Std. Dwg. W-19.
8. Quantities Assume Air Release Valves Spaced At 2,000 foot Increments Or Fractions Therof.
9. Quantities Assume Water Sampling Stations Spaced at 5,000 foot Increments Or Fractions Therof.
10. Unit Costs are based on the July 13, 2023 Teichert Construciton Rough Order of Magnitude Budget Bid.
11. Bear Creek - East Crossing is located at the SW corner of Eight Mile Road and West 99 Frontage.
H. D. ARNAIZ CORPORATION
NORTHEAST STOCKTON WATER TRANSMISSION MAIN
STOCKTON, CALIFORNIA
Preliminary Quantities Sheet
SEGMENTS 1-4 Project Summary
EXHIBIT 1 120
City of Stockton
Legislation Text
File #: 24-0689, Version: 1
ADOPT A RESOLUTION APPOINTING MEMBERS OF THE STRONG COMMUNITIES ADVISORY
COMMITTEE
RECOMMENDATION
It is recommended that the City Council adopt a resolution appointing Erin Martin and Julie Dunning to the Strong Communities Advisory Committee to fill a partial term commencing immediately appointment and ending January 31, 2025
DISCUSSION
Background
On June 7, 2016, the Stockton City Council adopted Resolution 2016-06-07-1212 to adopt an Ordinance imposing a ¼ cent sales tax and authorizing the formation of a Citizens’ Advisory Committee through Ordinance 2016-06-07-1212 contingent upon voter consideration and approval at the November 8, 2016 general municipal election (Measure M).
Section 17 of the adopted Ordinance provides for the creation of a seven-member Citizens’ Advisory Committee. Members of the Committee shall be appointed by the City Council to serve two-year terms. As stated in the Ordinance, the Advisory Committee shall meet annually to review the expenditure of revenues generated by the tax and make recommendations to the City Council regarding those expenditures.
At the City Council meeting of July 25, 2017, the City Council discussed Committee appointment options. From these discussions, there was consensus that each member of the City Council, including the Mayor, shall nominate one member to the Committee. For Councilmember appointments, nominees need not be from their respective districts. The City Council shall then approve by majority vote all the nominations to the Committee.
Present Situation
There are currently a vacancies for the members representing Council District 2 and Mayor. After reviewing applications, Councilmember Wright has submitted Erin Martin and Mayor Lincoln has submitted Julie Dunning for appointment.
The terms of service for this appointment will begin upon ratification and expire on January 31, 2025
FINANCIAL SUMMARY
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File #: 24-0689, Version: 1
There is no financial impact to the General Fund from the appointment to this committee. Committee members do not receive remuneration.
Attachment A - Redacted Applications
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Submit Date: Jun 24, 2024
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
5 years/7 months
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Erin Martin
Stockton CA
Erin Martin
Attachment A 123
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Strong Communities Advisory Committee: Submitted
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee Are you at least 18 years of age?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I have worked with individuals with disabilities for over 20 years as an advocate and partner in my community. I recently graduated from Leadership Stockton Class of 2024 and through both my work and that experience I feel it is my duty to serve my community in ways that can make a difference for youth, teens, and adults. My commitment to the city of Stockton as well as my appreciation has grown exponentially since Leadership Stockton and I want to do more for our city.
Erin Martin
Attachment A 124
Upload a Resume
Please state the reason you would like to be a member of this board/commission.
Our project in Leadership Stockton was to renovate one of the cottages of the Children's Home of Stockton, through that work and connections made with non-profits and city officials I saw need for ensuring our children and teens have safe places to go for both recreation and learning. I think a huge part of that is ensuring our libraries and community centers serving children and teens remain open and programming is provided that can enhance our under served communities. I think my background in social work would be an asset to this commission.
Have you served on an advisory group before?
Yes No
If yes, please explain.
I've served on advisory groups within Valley Mountain Regional Center for professional purposes, such as our Consumer Services committee, and CAPTAIN cadre. Both inform the state on how monies should be allocated for specific services and learning. CAPTAIN is funded by grants and the work we do is to expand the knowledge of evidenced based practices for individuals with Autism.
How did you hear about the position?
Dan Wright
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Erin Martin
Attachment A 125
Voter Registration (Questions appear if required)
Submit Application
Please identify any specialized accommodations needed for equal participation:
N/A
Enter Your Initials:
EM
Date Signed
6/24/24
Erin Martin
Attachment A 126
Submit Date: Jul 03, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
5 years/1 month
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Julie M Dunning
Stockton CA
Julie M Dunning
127
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Strong Communities Advisory Committee: Submitted
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee Are you at least 18 years of age?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am retired from the State of California after a 35+ year career where the majority of my time was spent as the District 10 Director of Administration, acting District Director, and later at the HQ level as Chief of Strategic Planning and Performance Management. While performing my duties as Director of Admin, I became proficient in budgetary oversight. I have a keen sense for fiscal responsibility, and a passion for governmental transparency and accountability. I truly enjoyed my time as a civil servant and like to stay active/informed by attending various Council and committee meetings. I am very interested in City of Stockton’s governance and would like to serve my community at the local level.
Julie M Dunning
128
Please state the reason you would like to be a member of this board/commission.
I want to be part of the process that ensures the special tax collected is being dispersed and applied as the voters intended. I want to help facilitate transparency and accountability in the programs and resources being established for the youth of Stockton through this tax and that the money is being used in the best way possible.
Have you served on an advisory group before?
Yes No
If yes, please explain.
During my years of employment with the state I served on various internal and external advisory committees. Some were for process improvements; others were for providing recommendations on implementation of new policies/procedures.
How did you hear about the position?
Through the Mayor's office.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Julie M Dunning
129
Please identify any specialized accommodations needed for equal participation:
None
Enter Your Initials:
jd
Date Signed
7-2-2024
Julie M Dunning
130
Resolution No.
STOCKTON CITY COUNCIL
______________________________________________________________________
RESOLUTION APPOINTING A MEMBER TO THE CITY OF STOCKTON STRONG
COMMUNITIES ADVISORY COMMITTEE
On June 7, 2016, the Stockton City Council adopted Resolution 2016-06-07-1212 calling for a measure to be placed on the ballot establishing the one-quarter cent special sales and use tax, and authorizing the formation of a Citizens’ Advisory Committee through Ordinance 2016-06-07-1212 contingent upon voter consideration and approval at the November 8, 2016, election; and
On November 8, 2016, the citizens of Stockton voted to approve Ordinance 2016-06-07-1212, thus authorizing the formation of the Citizens’ Advisory Committee.
Each member of the City Council, including the Mayor, shall nominate one member to the Committee. The members nominated are not required to be from specific Council Districts; and
On July 25, 2017, City Council directed staff to more closely align the terms of the Advisory Committee to coincide with each appointing Councilmember; now; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. In accordance with the provisions of Ordinance 2016-06-07-1212, the following nominees for the Advisory Committee have been submitted for consideration and appointed to the City of Stockton Strong Communities Advisory Committee for a term to commence on appointment, and ending January 31, 2025:
Erin Martin – District 2
Julie Dunning - Mayoral
2. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED July 9, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
131
City of Stockton
Legislation Text
File #: 24-0659, Version: 1
ADOPT A RESOLUTION TO ACCEPT $1.7M CALIFORNIANSFORALL YOUTH JOBS CORPS ROUND 2 GRANT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Ratify a grant agreement with California Volunteers in the amount of $1,773,664.00; and
2. Authorize the City Manager to appropriate grant funds for the CaliforniansForAll Youth Jobs Corps in the amount of $1,773,664.00.
It is also recommended that the City Manager be authorized to take any appropriate and necessary actions to carry out the purpose and intent of the resolution.
Summary
The CaliforniansForAll Youth Jobs Corps is administered by California Volunteers. In partnership with local governments and community-based organizations across the state, the CaliforniansForAll Youth Jobs Corps employs young people to help tackle critical issues in priority areas: COVID-19 recovery, food insecurity, and climate action. Youth are supported with at least minimum wage and essential wrap-around services like case management, résumé preparation, special job training, and other benefits to help ensure both their short- and long-term success. The Youth Jobs Corps has three core goals: increase employment for underserved youth across California, develop meaningful public service career pathways, and enhance local government capacity to address challenges in key focus areas.
Staff are seeking City Council’s authorization to accept the grant funding in the amount of $1,773,664 for the CaliforniansForAll Youth Jobs Corps Program.
DISCUSSION
Background
The California Volunteers’ CaliforniansForAll Youth Workforce Development Program is a Governor’s initiative that is partnering with California cities to bolster youth workforce engagement and interest in critical career pathways. California Volunteers’ mission is to promote service and volunteerism to tackle state and local issues. The City was issued a $4.3M Round 1 award in late 2021 to create, develop, and facilitate a robust workforce program to address the focus areas of climate, food insecurity, and local COVID-19 recovery. The City utilized Round 1 funding to create the Stockton Youth Employment Summer Success (YESS) program, as well as to fund four external entities to City of Stockton Page 1 of 2 Printed on 7/3/2024
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expand their existing workforce programs. Overall, the City’s Round 1 Youth Jobs Corps funding created over 440 paid opportunities for youth throughout the City of Stockton through 2023 and 2024 to date.
Present Situation
The State of California awarded the City of Stockton a $1,773,664 Round 2 Youth Jobs Corps grant to continue its Stockton Youth Employment Summer Success program and support external programs. Round 2 funding is available through December 31, 2025, which will allow the City to host another year of Stockton YESS, offer some support to a local youth workforce partner, and continue to support its grant-funded Program Manager. External youth workforce partners will be identified through a competitive procurement process following past practice with round 1 funding and standard City processes.
On June 18, 2024, the City was notified that the State would impose a strict deadline of June 30, 2024 to receive executed documents from local agencies. As such, the City Manager proceeded with executing the agreement (Exhibit 1) to ensure the City did not inadvertently forfeit the State appropriated funding.
FINANCIAL SUMMARY
The City and its subcontractors will pay for project related expenses in full and then submit documentation for reimbursement through this grant. There will be no impact to the General Fund, all related costs will be supported by the grant funding. No matching funds are required for this grant. An appropriation of revenue and expenditures of $1,773,664 is necessary in the City Manager’s Special Grants Fund - Reimbursement, General Administration Division.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO ACCEPT $1.7 MILLION FROM THE CALIFORNIANSFORALL YOUTH JOBS CORPS ROUND 2 GRANT PROGRAM
The City of Stockton (“City”) is interested in promoting workforce development programs, particularly those that endeavor to empower youth; and The State of California has made funding available for the CaliforniansForAll Youth Jobs Corps, which seeks to provide funding for local governments across the state to create programs that increase employment for underserved youth across California, develop meaningful public service career pathways, and enhance local government capacity to address challenges in key focus areas; and
The State of California awarded the City of Stockton a $1,773,664 Round 2 Youth Jobs Corps grant to continue the City’s youth workforce program, and support local external workforce partners; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Authorize the ratification of a grant agreement with California Volunteers in the amount of $1,773,664 (Exhibit 1).
2. Authorize the City Manager to appropriate grant funds for the CaliforniansForAll Youth Jobs Corps in the amount of $1,773,664.
3. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED July 9, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
134
EXHIBIT 1 135
EXHIBIT 1 136
1 OFFICE OF THE CITY MANAGER
City Hall 425 N. El Dorado Street Stockton, CA 95202-1951 209 / 937-8212 Fax 209 / 937-7149 www.stocktonca.gov
January 23, 2024
1400 10th Street
Sacramento, CA 95814
Attn: California Volunteers
RE: 2023-2024 CALIFORNIANSFORALL YOUTH SERVICE CORPS PROGRAM
APPLICATION
To Whom It May Concern,
As requested, here is the name, title, email, and phone number for the best point of contact for the City of Stockton:
Dale Applewhite
Program Manager III
[email protected]
(209) 937-8150
Section 1: Program Goal
The City of Stockton hopes to increase the number of young, qualified professionals in Stockton who are prepared for the future economy. In particular, the city is interested in linking at-risk and/or high-need youth to lucrative career pathways with significant growth potential.
Additionally, the city is interested in promoting youth interest toward a career in public service. jobs, reducing barriers to entry, increasing small business development, and fostering and supporting entrepreneurship. Funding from CaliforniansForAll Youth Service Corps will Section 2: Program Design
Youth Employment Summer Success (Y.E.S.S) Program will support one hundred (100) local youths for a 4-week summer employment program. Job opportunities in nine (9) City departments will provide paid jobs for youth aged 16-19 who live in the City of Stockton. Youth participants will be introduced to a formal workplace setting, build their skills, and raise awareness of public sector career pathways. The City will also hire six (6) Youth Supervisors and give them an advanced opportunity to supervise the incoming youth workers.
EXHIBIT 1 137
2 The Y.E.S.S. program will also provide workshops, counseling, and mentoring that focus on personal development and mental wellness during the program. The wrap-around supportive services aim to enhance the overall experience for the participants and additionally help the participants overcome employment barriers normally experienced by marginalized, low-income youth trying to enter the workforce. The workshops will on two Fridays during the program.
Throughout nine (9) City departments, participants will fill staffing gaps and help complete outstanding projects. Participants will assist with administrative tasks such as answering phones and emails and assisting in converting hard copy paperwork to an electronic format.
Participants will be trained to use Microsoft applications to create spreadsheets and prepare documents for storage. Participants working in the IT department will perform security wipes of old computers and prepare new computers for deployment for city departments. Participants working in the Public Works Department will provide labor for park beautification projects that include cleanup, painting, and tree planting. The Community Center participants will learn how to coordinate daily activities and provide supervision support for children and senior recreational programs.
The City of Stockton will also subgrant with community-based organizations (CBOs) to execute the program design illustrated in the application. The City of Stockton plans to release a Request for Proposals (RFP) that will ask respondents to offer programs that fall within the focus area(s). The criteria used to determine which programs are selected during the RFP process will reflect the Youth Workforce Development Program goals and requirements.
Emphasis will be placed on programs that have an established track record of success, particularly with high need youth. Examples of current successful workforce programs supported Greater Valley Conservation Corps,
Parents by Choice, and Rising Sun Center for Opportunity.
The process through which the City will select CBO partners includes a thorough review of responses, including detailed background research, interviews, and scored evaluations that will give additional points to those organizations with relevant prior experience. Through this process the City endeavors to find the most qualified organizations that can accept this significant one-time investment and produce substantial results within the timeframe allotted for funding.
will become sub-grantee(s), the
City cannot provide the names of the partner organizations or a description of the youth worker job activities. However, there are specific workforce programs that the City is interested in installation training, and energy- and waterthe distribution of organic foods in local schools. In addition to these priority areas, the city will encourage respondents to the RFP to include pre-apprenticeship programs that use industry standard developed curriculum.
The City will require that all subgrantees commence programming no later than December 2024. Subgrantees may start once contracts are formally executed, and preference will be given to those sub-grantees that can begin programming earlier.
EXHIBIT 1 138
3 Section 3: Youth Recruitment/Development
ruitment:
The City of Stockton website will host a dedicated webpage for the Y.E.S.S. program that will describe the goals and design of the program and include a link to the application. The City will also work with Stockton Unified School district, community partners, and Workforce Agents to distribute marketing and promotion materials, attend school job fairs, as well as post recruiting information to social media outlets.
The program will target youth aged 16- 19 who live in the city limits of Stockton. Program participants employment applications will be vetted using a scoring system based on CaliforniaVolunteers youth eligibility requirements. One point will be given for each criterion met. Applicants with the highest scores will be chosen on a first come, first serve basis until all available openings are filled.
The program will provide participants with an opportunity for personal growth and foundational work-readiness skills through professional development workshops. Workshops will focus on financial literacy, resume writing, interviewing skills, and work-place etiquette.
The City of Stockton understands that first jobs can be emotionally challenging and will take steps to care for the emotional health of the participants by providing access to mental wellness support though 1:1 counseling, and 3-hours of facilitated group sessions that include topics such as, Self-Regulating Stress, Mental Health First Aid, and Developing Social Skills.
Participants in the Y.E.S.S. program will work in City Departments five (5) days per week Monday through Thursday, for 6.5 hours per day, and attend personal development and work readiness workshops on two Fridays. Participants will serve a total of 32.5 hours per week and receive $24.00 per hour. The summer program runs for 4 weeks during the month of June.
Youth Supervisors will work five (5) days per week for 8 hours pers day over a 6-week period and receive $28.00 per hour. The Youth Supervisors will begin working 2 weeks earlier than the program start date to assist with pre-program preparation tasks.
Subgrantee Recruitment:
The City will work with subgrantees to develop recruitment strategies with a focus on disadvantaged youth. The RFP will require the subgrantees to outline a recruitment/outreach plan for reaching and enrolling youth. Additionally, the City will provide the sub-grantees with its standards and expectations for flyers and social media post related to recruitment. The City will also create a page on its website that will describe the goals and design of the CaliforniansForAll Youth Workforce Development Program with links to applications.
The City will require in its RFP that subgrantees consider what wrap around services will be needed for youth seeking to participate. Such services could include low-cost daycare, transportation stipends, workshops for personal and professional development (ex. job readiness training, college readiness, how to manage personal finances, etc.), and bi-weekly mentor meetings. Preference will be given to those sub-grantees who demonstrate a full
EXHIBIT 1 139
4 The City will ensure that subgrantees pay a wage above the state minimum per the Youth Workforce Development Program requirements. In the RFP, the City will encourage respondents to offer higher wages so that participants will be financially incentivized to complete the program. The City will require subgrantees workforce programs to run a minimum of 1 month and a maximum of 15 months. Subgrantee programs will be required to be completed by December 2025.
Section 4: Metrics/Outcomes
The City of Stockton will be able to provide the required metrics listed by CaliforniaVolunteers through the following methods of evaluation: 1) Pre and Post Surveys, 2) Program Evaluations, 3) A mid-program participant progress evaluations.
The required metrics will be provided to the City by sub-grantee(s) ultimately selected through the RFP process. In the event sub-grantees are unable to report any of the metrics listed, then the City will work with California Volunteers to try to find an alternative solution.
Section 5: Budget/Staffing/Communications
One and one-quarter (1.25) full-time employee (FTE) will oversee the implementation of the Y.E.S.S. Program. These positions will manage and oversee the program, including all invoicing and administrative requirements as outlined by California Volunteers. They will work closely with subgrantees and the City Departments and coordinate these efforts within the larger workforce ecosystem. The positions will also provide programming for all participants that will include presentations from local business and government leaders with the aim of inspiring and encouraging local youth to pursue careers in strategically critical fields. The City of Stockton commits to using CaliforniaVolunteers developed branding and will participate in CaliforniaVolunteers-organized training/curriculum. The City of Stockton will participate in a CaliforniaVolunteers program launch media event.
The City of Stockton proposes a budget of $704,571.87 to serve one hundred and six (106) local youth through the Youth Employment Summer Success (Y.E.S.S) Program to strengthen acity to raise awareness of public sector opportunities in the community. The City also proposes a budget of $1,069,092.13 to partner with local community-based organizations to execute the program design illustrated in the application to expand workforce opportunities for youth in the community. The City of Stockton is requesting total funding from Funding from CaliforniansForAll Youth Service Corps in the amount of $1,773,664.00.
EXHIBIT 1 140
Applicant:
Contact information Dale Applewhite [email protected] ph:(209) 937-8150 Items Description Calculation Total Budget % Allocation Cross Check Administrative Costs $ 161,242.18
Total $ 161,242.18 9.1%
I - B. Direct Operating Costs (Must not exceed 30% of Total Award when combined with Section I-A. Administration) Items Description Calculation Total Budget % Allocation Cross Check Program Manager .625 FTE / 15 mos. .625 x($101886/12) x 15 $ 79,598.44 Fringe - Program Manager HEALTHCARE, RETIREMENT MED/SS, DEF .53 x $79,598.44 $ 42,187.17 Partner Programs 4 FTE + 25% finge wages $168,750 + fringe $56250 $ 225,000.00 Total $ 346,785.61 28.64%
# Requested Hourly Salary # of Hours Total Budget % Allocation Cross Check 100 24 130 $ 312,000.00
6 28 240 $ 40,320.00
90 $17.50 400 $ 630,000.00
196.00 $ 982,320.00 55.38%
Items Description Calculation Total Budget
Medicare 1.45% 1.45% x $352,320 $ 5,108.64
General Insurance 7.50% 7.50% x $352,320 $ 26,424.00
Unemloyment Insurance 0.20% .20% x $352,320 $ 704.64
Workers Compensation 3.06% 1.45% x $352,320 $ 10,780.99 Uniform Workshirts:$14 / 4 ea. youth 4 x $14 x 106 youths $ 5,936.00 Fingerprinting/ Background Check Rolling Fee: $30, DOJ Fee: $32, F $79 x 60 youths $ 4,740.00 TB Test Test :$30, CSD & EDD: 50 youths $30 x 50 youths $ 1,500.00 PPE/ Safety Gear safety vest : $10 ,workboots:$100 , ha$134 x 30 youths $ 4,020.00 Bus Passess 1 mo. P ass: $25 $25 x 50 youths $ 1,000.00 Partner Other Fellow Costs Fringe: 10% unforms, background 10% x $630,000 + $23,400 $ 86,400.00 Total $ 146,614.27
Items Description Calculation Total Budget % Allocation Cross Check Facilitated Work Readiness Training Training - 2 full day workshops 2 Workshops x $1250 $ 2,500.00 Licensed Clinical Social Worker Mental Health Support $125/hr x 8 hrs x 3wks $ 3,000.00 Laptops Work Readiness post program suppoLaptop: $950 x 106 $ 100,700.00 Partner Wrap Services Training, Work Readiniess $338.91 x 90 youth $ 30,501.94 Total $ 136,701.94 7.7%
Total Budget Request $ 1,773,664.00
Total # of Fellows 196 $ 338.91
Partner Status (Proposed or Secured) Contractual Amount TBD through RFP process Proposed $ 1,069,092.13
Total $ 1,069,092.13
List of Partners
CaliforniansForAll Youth Service Corps
City of Stockton
I - A. Administration (Must Not Exceed 10% of Total Award) II. Youth Service Corps Fellow Wages (must be at least 50% of grant amount) III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs IV. Program Wrap-Around Services (Not to Exceed 40% of Total Award) EXHIBIT 1 141
City of Stockton
JP1013-GF1
EXHIBIT C
Budget Payment Provisions
California Volunteers,
Youth Service Corps
City of Stockton
BUDGET PAYMENT PROVISIONS
1. Invoicing and Payment
a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
b) Invoices shall include the Agreement Number and shall be submitted via PDF to [email protected]. 2. Budget Contingency Clause a) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any provisions of this Agreement.
b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Contractor to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
EXHIBIT 1 142
City of Stockton
JP1013-GF1
Exhibit D
California Volunteers - Reporting (Metrics, Deadlines and Process), Invoicing, Service Events and/or Member Convenings, Programmatic and Fiscal Document Retention
Youth Service Corps Program
All Youth Service Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program.
Reporting Metrics
Grantees will be required to report the following metrics on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers. These metrics are subject to change, depending on the California Department of Finance’s review and approval:
Additionally, California Volunteers requires cities to report the following data, where feasible, on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers.
Number of youth participating in Youth Service Corps
Number of Youth completing Youth Service Corps
Number of youth employed in each focus area
Number of youth participating in summer employment program (if applicable)
Average wage and hours worked of participants across program Information/data/member stories as requested for annual report Participant information, including Personally Identifiable Information, as requested by California Volunteers, including, but not limited to: Name, Address, Phone Number, Email Address, Program Completion Status.
Grantees agree to make member contact information available to California Volunteers to use in program communications on a schedule to be provided by California Volunteers
Number of youth employed in program who were previously unemployed Number of participants who enroll in higher education or gain employment following program end
Number of youth employed in program who remain in college or stable employment
Number of youth employed after completion of program
Number of youth who report job satisfaction after completion of program EXHIBIT 1 143
City of Stockton
JP1013-GF1
Exhibit D
California Volunteers - Reporting (Metrics, Deadlines and Process), Invoicing, Service Events and/or Member Convenings, Programmatic and Fiscal Document Retention
Number of youth who report an interest in a career in public service after one year of employment
Number of youth employed in public service after completion of program Job training evaluations
Reporting Deadlines:
Report Reporting Period Partner Reports Due
1 (if applicable) Award Date – June 30, 2024, 2024 July 15, 2024 2 (if applicable) July 1 – September 30, 2024 October 15, 2024 3 October 1 – December 31, 2024 January 15, 2025
4 January 1 – March 31, 2025 April 15, 2025
5 April 1 – June 30, 2025 July 15, 2025
6 July 1 – September 30, 2025 October 15, 2025
7 October 1 – December 31, 2025 January 15, 2026
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.
Reporting Process:
California Volunteers will be providing a comprehensive reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.
Invoicing:
This grant is a cost-reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment. Grantees have the discretion to invoice monthly or quarterly.
EXHIBIT 1 144
City of Stockton
JP1013-GF1
Exhibit D
California Volunteers - Reporting (Metrics, Deadlines and Process), Invoicing, Service Events and/or Member Convenings, Programmatic and Fiscal Document Retention
Invoicing Deadlines:
Grantees have the discretion to invoice monthly or quarterly. If monthly, invoices should be submitted by the 15th of the following month. If quarterly, invoices should be submitted no later than the due date identified in the reporting deadlines above.
Service Events and/or Member Convenings:
Grantee agrees to host at least two service events and/or member convenings per calendar year at the direction of California Volunteers.
Programmatic and Fiscal Document Retention
In line with State requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold them available for audit and inspection by the State for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source.
EXHIBIT 1 145
City of Stockton
Legislation Text
File #: 24-0453, Version: 2
APPROVE CONTRACT WITH GROW AMERICA TO PREPARE THE CITY’S 2025-2029
CONSOLIDATED PLAN AND ASSOCIATED ACTIVITIES AS A STANDARD REQUIREMENT FOR
RECEIVING FEDERAL FUNDING
RECOMMENDATION
It is recommended that the City Council authorize by motion:
1. A contract in the amount of $140,000 from a combination of Community Development Block Grant (CDBG), Home Investment Partnership Program (HOME), and Low- and ModerateIncome Housing Asset Fund (LMIHF) funds to Grow America for consulting services to prepare the City’s 2025-2029 Consolidated Plan and associated activities as a standard requirement from the Department of Housing and Urban Development to receive Federal funding; and
2. The execution of the Standard Agreement substantially similar in form to Attachment A.
It is also recommended that the City Council authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of the motion.
Summary
As a recipient of U.S. Department of Housing and Urban Development (HUD) funds, the City is required to prepare a five-year master plan, known as the Consolidated Plan. The Consolidated Plan identifies the priority needs within a community and establishes the goals and objectives that the grantee, the City, hopes to accomplish during the five-year period using HUD funds.
Along with the Consolidated Plan, HUD requires the City to undertake planning activities related to Affirmatively Furthering Fair Housing (AFFH). Federal statute requires the City of Stockton to proactively take meaningful actions to overcome patterns of segregation, promote fair housing choice, and eliminate disparities in opportunities, and foster inclusive communities free from discrimination. Additional activities that the City is required to undertake to continue receiving federal funding from HUD includes: the preparation of a Language Access Plan (LAP); developing a Section 3 Plan to provide training, employment, contracting, and other economic opportunities to low- and very low-income persons; and reviewing and updating the City’s Citizen Participation Plan (CPP).
In March 2024, the City published a Request for Proposals (RFP) to identify and select a firm to assist in the preparation of the 2025-2029 Consolidated Plan, and associated planning activities, for submission to HUD. The City received four proposals and after thorough review of the proposals, staff selected Grow America. Staff recommends approval of a contract in the amount of $140,000 with Grow America to prepare the 2025-2029 Consolidated Plan.
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File #: 24-0453, Version: 2
DISCUSSION
Background
The Consolidated Plan is designed to help local jurisdictions assess their affordable housing and community development needs, evaluate market conditions, and to make data-driven, place-based investment decisions. The consolidated planning process serves as the framework for a communitywide dialogue to identify housing and community development priorities that align and focus funding from HUD’s formula block grant programs: Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program, and Emergency Solutions Grants (ESG) Program.
The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. HUD requires grantees like the City to report on accomplishments and progress toward Consolidated Plan goals in the Consolidated Annual Performance and Evaluation Report (CAPER).
In March 2024, City staff prepared an RFP seeking a firm to assist in the preparation of the 2025- 2029 Consolidated Plan and other federal mandated planning activities for submission to HUD. Four proponents responded to the RFP. The vendor was selected based on its experience in the preparation of similar documents, knowledge of HUD requirements and the local community, and ability to meet the deadlines set in the RFP. A staff selection committee evaluated and scored each proposal and Grow America was selected as the Consultant to prepare the Consolidated Plan and first-year Annual Action Plan, undertake planning activities related to AFFH requirements, develop a LAP, develop a Section 3 Plan, and advise on updates to the City’s Citizen Participation Plan.
Present Situation
The City’s current Consolidated Plan sunsets at the end of Fiscal Year 2025. In order to continue to receive federal funds from HUD, the City must complete a new Consolidated Plan covering the years 2025-2029. As part of the development of the new Consolidated Plan, the City will need to undertake additional planning activities that are required by HUD, and which complement and support the analysis of community needs. In addition to developing the 2025-2029 Consolidated Plan and firstyear Annual Action Plan, Grow America will be tasked with undertaking activities as part of the Affirmatively Furthering Fair Housing (AFFH) requirements, which involves data gathering and analysis to identify fair housing priorities and goals. The consultant will also be required to conduct the HUD-required four-factor analysis to development a Language Access Plan (LAP); conduct activities required for the development of a Section 3 Plan; and advise on updates to the City’s existing Citizen Participation Plan.
Grow America was selected due to their extensive experience and knowledge of a broad range of HUD programs and planning activities. As part of the activities to be conducted by Grow America, there will be extensive stakeholder and community engagement throughout the process. This will include designing and deploying a citizen survey, virtual one-on-one consultations with local stakeholders, and virtual community meetings. In addition, City staff will conduct in-person meetings City of Stockton Page 2 of 3 Printed on 7/3/2024
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File #: 24-0453, Version: 2
to ensure the community is informed of the process and provided opportunities to solicit in-person feedback.
Staff recommends approval of a Standard Agreement, substantially similar in form to Attachment A, in the amount of $140,000 with Grow America to prepare the 2025-2029 Consolidated Plan, first-year Annual Action Plan, and associated planning activities.
FINANCIAL SUMMARY
No General Fund dollars will be used for this project. Sufficient funds have been budgeted, and are available, in FY 2024-25, to support this work. The contract with Grow America will be paid with CDBG, HOME and LMIHF funds, as follows:
Funding Source Amount Account #
CDBG $ 50,000 6020-400-630006-230-231-10-60-000-000-
HOME $ 50,000 6020-400-630006-230-233-10-60-000-000-
LMIHF $ 40,000 6020-400-630006-290-293-10-60-000-000-
Attachment A - Standard Agreement
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1 (ZĞǀ͘ϲ.ϰ.Ϯϰ)
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
_____________________________________________________________________________
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
J
([KLELW*6SHFLDO)XQGLQJ7HUPV &RQGLWLRQV ,IDSSOLFDEOHFKHFNER[
<(6 ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
CITY OF STOCKTON
_________________________________________________________BB________________ +DUU\%ODFN City Manager Date
ATTEST:
____________________________________________________________________________ .DWKHULQH5RODQG&0&&30&,QWHULP&LW\&OHUN
APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:
Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –
H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
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Grow America Consolidated Plan development services
7/10/2024 9/30/2025
140,000
Professional Services Special Terms & Conditions
ARPA
Grow America
149
Ϯ
(Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 On March 1, 2024, a Request for Proposals (RFP) was published to solicit proposals from qualified firms for the development of the City of Stockton’s 2025-2029 Consolidated Plan, and associated planning activities, as required for the receipt of funding from the U.S. Department of Housing & Urban Development.
1.2 Grow America has been selected to perform the activities outlined in PUR 24-024, including the development of the 2025-2029 Consolidated Plan and first year Annual Action Plan; undertaking activities related to Affirmatively Furthering Fair Housing (AFFH); preparation of a Language Access Plan (LAP); developing a Section 3 Plan, and reviewing and advising on updates to the City’s Citizen Participation Plan (CPP).
1.3 Completion of the abovementioned activities is required for the City of Stockton to continue to receive HUD funding, including Community Development Block Grant (CDBG), Emergency Solutions Grants Program (ESG), and HOME Investment Partnerships Program (HOME) funds.
1.4 The City is contracting with Grow America to complete all activities required by HUD.
2. Project Scope
2.1 Contractor shall provide the following services with a total contract amount of One Hundred Forty Thousand Dollars ($140,000). In providing these services, Contractor shall undertake its “best efforts” in attaining the goals and results stated herein which have been mutually agreed upon by Contractor and City.
2.2 Contractor shall perform data gathering, needs assessment, market analysis, citizen participation activities, and consultation as required for the development of the 2025-2029 Consolidated Plan and first year Annual Action Plan.
2.3 Contractor shall research, collect feedback, and make recommendations on actions to further fair housing and analyze impediments to fair housing. Contractor shall review key data and $77$&+0(17$
150
ϯ
(Rev. 10.30.18)
recommendations included in existing City planning documents and the previous Analysis of Impediments for the development of an updated Analysis of Impediments to Fair Housing.
2.4 Contractor shall conduct the four-factor analysis and develop a Language Access Plan (LAP) compliant with State and/or Federal requirements.
2.5 Contractor shall conduct all activities required for the development of a Section 3 Plan.
2.6 Contractor shall review the City’s Citizen Participation Plan (CPP) and advise on any required updates to meet CPP requirements as specified in 24 CFR Part 91.105.
2.7 Contractor shall evaluate and incorporate policies related to housing preference within the Consolidated Plan.
2.8 Contractor shall work with City staff to align the goals of the Consolidated Plan with existing City documents, including but not limited to the Economic Development Strategic Action Plan, Housing Action Plan, Neighborhood Action Plans, and Council goals and priorities.
3. Specifications
3.1 Contractor shall perform the Project Scope activities outlined above and as enumerated in PUR 24-024, in accordance with HUD requirements.
4. Major Deliverables
4.1 Contractor shall deploy a SurveyMonkey-based survey and convene six Council District meetings and additional public participation events as part of the community engagement strategy.
4.2 Contractor shall submit draft versions of the draft Consolidated Plan goals and priorities forty-five (45) days before the delivery of the Draft Consolidated Plan and Annual Action Plan.
4.3 Contractor shall incorporate feedback from City staff and the public into final versions of the Consolidated Plan, Annual Action Plan, and Analysis of Impediments for submission to HUD.
4.4 Contractor shall enter the Consolidated Plan and Annual Action Plan into IDIS for submission by City staff.
$77$&+0(17$
151
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(Rev. 10.30.18)
4.5 Contractor shall provide drafts of the Language Access Plan (LAP) and Section 3 Plan for review and comments from City staff.
4.6 Contractor shall provide written guidance on any required updates to the City’s Citizen Participation Plan.
4.7 Contractor shall make any necessary revisions to the Consolidated Plan, Annual Action Plan, Analysis of Impediments, LAP, Section 3 Plan, and CPP, as required by HUD
5. Tasks That Support the Deliverables
5.1 City staff shall identify key staff member who will serve as Contractor contract.
5.2 City staff shall provide IDIS access for key Grow America personnel.
5.3 City staff shall provide copies (or weblinks) to all plans, data, and other documents that the City desires for Contractor to review and incorporate into any of the deliverables.
5.4 City staff shall provide a list of primary contacts for relevant organizations and will assist with coordinating stakeholder meetings.
6. Criteria of Acceptance for Deliverables
6.1 Contractor shall provide a monthly report of activities performed under the term of this Agreement.
6.2 Contractor shall provide drafts of documents for review and comments by City staff.
6.3 Contractor shall make any necessary revisions to the Consolidated Plan, Annual Action Plan, Analysis of Impediments, LAP, Section 3 Plan, and CPP, as required by HUD upon submittal.
7. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: City:
Grow America City of Stockton
Attn: Virginia Flores, Senior Director Attn: City Manager 633 3rd Avenue, 19J 425 N. El Dorado Street
New York, NY 10017 Stockton, CA 95202
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(Rev. 10.30.18)
8. Key Personnel
Virginia Flores, Grow America, Senior Director
Carrie Wright, City of Stockton, Director of Economic Development Jordan Peterson, City of Stockton, Deputy Director of Redevelopment Juan Gonzalez, City of Stockton, Housing Manager
Angelina Abella, City of Stockton, Economic Development Analyst Julisa Villalobos, City of Stockton, Grants Analyst
9. Option to Renew
The term of the Agreement may be extended by a written amendment executed by both parties.
$77$&+0(17$
153
REV 2022-05-17
Exhibit B:
Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract, and for three (3) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder 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:
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 $1,000,000 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.
Additional Coverages:
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. (Automobile insurance is required if the Contractor’s employees will be driving vehicles while in service to the City of Stockton) 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. (Not required if consultant provides written verification it has no employees)
Property insurance covering the Development, in form appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for one hundred percent (100%) of the replacement value, with deductible, if any, acceptable to the City, naming the City as separate a Loss Payees, as its interests may appear. Flood insurance shall be obtained if required by applicable federal regulations. (For Loan Agreements related to any new building, major renovating, and/or major remodeling) Crime/Fidelity Bond - Insurance no less than the dollar amount of the grant/loan, covering all officers and employees, for loss of proceeds caused by dishonesty. (For grants/loans)
$77$&+0(17$
154
REV 2022-05-17
Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. (For work including contact with minors) Additional Coverages for Consulting or Professional Services:
Professional Liability/Errors and Omissions Insurance appropriates to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate. (For Consulting or Professional Services) Technology Professional Liability Errors and Omissions Insurance appropriate to the Vendor’s profession and work hereunder, with limits not less than $1,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. (For Technology Consulting or Technology Professional Services)
a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Vendor. If not covered under the Vendor’s liability policy, such “property” coverage of the Agency may be endorsed onto the Vendor’s Cyber Liability Policy as covered property as follows:
If the 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
dd,D
Ed
155
REV 2022-05-17
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
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Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (For Professional Liability 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 three (3) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
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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 3 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least three (3) 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 St, 3rd Floor – HR
Stockton, CA 95202
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A 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 1ϭ
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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 ϭ2
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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 DOO6XEFontractorV must issue W-2 IRUPVRURWKHUIRUPVDVUHTXLUHGE\ODZIRULQFRPHDQGHPSOR\PHQWWD[SXUSRVHVIRUDOO RI6XEFRQWUDFWRUVSHUVRQQHO
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. ϭ3
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11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
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. ϭ4
(Rev. 10.30.18; Mod 0ϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZD)
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17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
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24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. 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.
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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
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EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the 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 $77$&+0(17$
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losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed $77$&+0(17$
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basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the 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.
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8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the 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. $77$&+0(17$
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EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $140,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 The Project Price is composed of the following Tasks:
Task # Description Fee1
1.0 Conduct all activities required for the preparation and completion of the 2025-2029 Consolidated Plan and first year Annual Action Plan
$75,000
2.0 Undertake planning activities related to Affirmatively Furthering Fair Housing (AFFH) $50,000
3.0 Conduct the four-factor analysis and develop a Language Access Plan (LAP) compliant with State and/or Federal
requirements.
Activities
incorporated
throughout the
project
4.0 Conduct all activities required for the development of a Section 3 Plan $10,000
5.0 Review the City's Citizen Participation Plan (CPP) and advise on any required updates to meet CPP
requirements as specified in 24 CFR Part 91.105
$5,000
1.3 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and E (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 1 Fee outline is for illustrative purposes only. Milestone payments will conform with the completion of Work Schedule Payments outlined in Exhibit F (Timeline).
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City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
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. Lodging and meals shall be reimbursed based on the Per Diem rate for the location of travel, as outlined by the U.S.
General Services Administration.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Due to the use of grant administrative funds for the contract, no markup shall be allowed.
2. [n/a]
3. [n/a]
4. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit and Exhibit F (Timeline).
Invoices shall be submitted to the below address:
City of Stockton Economic Development Department
Attention: Economic Development Department
400 E. Main Street, 4th Floor
Stockton, CA 95202
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EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as follows:
TIMELINE FOR COMPLETION OF WORK
Work Schedule
Phases Phase Cost Description Schedule
Phase I: Kick off
& Planning $30,000
a) Facilitate in-person meeting
to finalize deliverables &
timeline (City approval 7/31)
b) Obtain IDIS access for
Grow America staff
c) Obtain list of key
stakeholders and resources
d) Review existing and
supplemental data
e) Identify areas of alignment
between Consolidated Plan,
Analysis of Impediments,
and current Consolidated
Plan work.
f) Design Survey
July 2024 –
September 2024
Phase II:
Community
Survey,
Community
Meetings,
Stakeholder
Consultations,
Focus Groups
$60,000
a) Deploy the SurveyMonkeybased survey
b) Facilitate citizen
participation process
c) Co-Develop (with the City) a
marketing plan for
community engagement
d) Convene (six) Council
District meetings and
additional public
participation events
September 2024
– October 2024
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Work Schedule
Phases Phase Cost Description Schedule
Phase III: Draft
Deliverables and
Public
Comments
$30,000
a) Submit draft Consolidated
Plan, Annual Action Plan,
Analysis of Impediments,
Section 3 Plan, and
Language Access Plan to
City
b) Incorporate City feedback
into draft to be published for
public comment
October 2024 –
December 2024
Phase IV: Final
Deliverables and
Submission to
HUD
$20,000
a) Grow America will review
feedback received from
staff and the public
b) Feedback will be
incorporated into final
versions of the
Consolidated Plan, Annual
Action Plan, Analysis of
Impediments, Section 3
Plan, and Language Access
Plan for submission to HUD
c) Grow America to enter
Consolidated Plan and
Annual Action Plan into
IDIS
d) City to verify IDIS entries
and submit Consolidated
Plan and Annual Action
Plan via IDIS
January 2025 –
March 2025
$77$&+0(17$
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City of Stockton
Legislation Text
File #: 24-0650, Version: 1
APPROVE A RESOLUTION SUPPORTING THE SAN JOAQUIN COUNCIL OF GOVERNMENTS’ (SJCOG) PURSUIT OF THE SAN JOAQUIN REGIONAL HOUSING FUND AND
CITY OF STOCKTON PARTICIPATION IN PLANNING AND IMPLEMENTATION ACTIVITIES
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Supporting the San Joaquin Council of Governments’ (SJCOG) pursuit of the Housing Trust Fund (“San Joaquin Regional Housing Fund Inc.”).
2. Approving the City of Stockton’s participation in planning and implementation activities of the San Joaquin Regional Housing Fund Inc. to accelerate housing production and housingrelated initiatives.
Summary
In October 2023, the San Joaquin Council of Governments’ (SJCOG) Board of Directors approved the creation of a 501 (c)(3) non-profit corporation to implement a regional housing trust fund and to develop and submit required documents to the appropriate state and federal agencies. Now known as the San Joaquin Regional Housing Fund Inc., the creation of this regional entity is intended as a tool to accelerate housing production, boost current local housing activities, and leverage other state and federal funding opportunities.
In order to keep the trust fund project moving forward in the short term, the SJCOG Board requests that each member agency adopt a resolution committing to participate in the planning and implementation of the San Joaquin Regional Housing Fund (“Fund”). As the City of Stockton is one of SJCOG’s member agencies, it is recommended that City Council adopt a resolution supporting the Fund and approving of the City’s participation in planning and implementation activities of the Fund which accelerate housing production and housing-related activities.
DISCUSSION
Background
In 2021, SJCOG received a Regional Early Action Planning (REAP) 1.0 grant, which funded planning activities to lead to more housing construction in San Joaquin County. After discussions with local jurisdictions and stakeholders, SJCOG staff developed four priorities for the REAP 1.0 program. One of the priorities identified was the exploration of a regional housing fund.
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File #: 24-0650, Version: 1
REAP 2.0 builds on the success of 2019’s REAP 1.0 program but expands the focus by integrating housing and climate goals and allowing for broader planning and implementation investments, including infrastructure that supports future housing development. REAP 2.0 activities must meet multiple state objectives by prioritizing infill development, providing housing for people of all incomes, placing housing in locations with good transportation options to reduce the need to drive, affirmatively furthering fair housing, and accelerating the implementation of existing regional and local plans to achieve these goals.
Following discussions with local jurisdictions and stakeholders, SJCOG staff developed four regional housing priorities for its REAP 2.0 program framework. SJCOG is required by California Department of Housing and Community Development (HCD) to develop regional housing priorities to qualify to receive REAP funds. One of these priorities is the establishment of a regional housing trust fund (RHTF). REAP 2.0 funds will be utilized to advance recommendations from SJCOG’s RHTF Feasibility Study. Of the total, $1 million will be used as “seed” money and/or administrative set-up for the RHTF, depending on the type and amount of philanthropic resources received.
Housing funds (HFs) are typically not the primary funding source for affordable housing. Instead, HFs often offer “gap financing” to fill the void between housing costs and available financing. Housing Trust Funds (HTFs) can offer a flexible form of financing that can be used in a wide range of investment approaches. HF financing investments include grants, low interest loans and credit guarantees. Affordable housing projects that are supported by these investments include new construction, preservation of existing housing, homeless shelters, and permanent supportive housing. Commitment of local resources can often result in making the region more attractive to other potential funders, thereby multiplying the effectiveness of the local dollars over and above the actual investment.
Present Situation
SJCOG is the leading entity in leveraging the ability to access Local Housing Trust Fund (LHTF) dollars, coordinating efforts necessary to obtain the additional match funding. On March 1, 2024, HCD awarded $10,412,514.62 in grant funds to members through the SJCOG, making a significant milestone in our regional housing efforts. All necessary charitable documents have been developed and filed for the formation of the nonprofit public benefit corporation. Additional actions by SJCOG and the consultant team include:
· Conducting meetings with local affordable housing developers to establish a list of pipeline projects for which additional gap funding is needed.
· Hosting continued meetings with philanthropic organizations, stakeholders, and other potential funders to identify both short-term and potentially long-term funding opportunities and partnerships.
· Submitting a funding ask to the Stockton Housing Innovation Fund (SHIF) program through the San Joaquin Community Foundation (SJCF). Began establishing a non-profit partnership/joint grant application for the Community Economic Mobilization Grant Initiative (CEMI), also through SJCF.
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File #: 24-0650, Version: 1
· Developing the HCD LHTF grant application to be prepared for submittal upon release of the NOFO, which is anticipated in July 2024.
· Developing a strategic-long range funding plan to ensure future viability of the regional housing fund program.
Council-approved resolutions are needed at the time of submittal of the HCD LHTF grant application to meet the threshold requirements of the grant.
FINANCIAL SUMMARY
There is no financial impact to the General Fund with this resolution.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION SUPPORTING THE SAN JOAQUIN COUNCIL OF GOVERNMENTS’
PURSUIT OF THE SAN JOAQUIN REGIONAL HOUSING FUND AND CITY OF
STOCKTON PARTICIPATION IN PLANNING AND IMPLEMENTATION ACTIVITIES On October 26, 2023, the San Joaquin Council of Governments (“SJCOG”) authorized SJCOG staff to form a non-profit public benefit corporation as an eligible regional housing trust fund applicant for available funding and matching grants to expand sources of funding for housing as described in the Guidelines adopted by the California Department of Housing and Community Development in accordance with California Health and Safety Code sections 50842.1 et seq.; and
The San Joaquin Regional Housing Fund (the “Fund”) was formed and established in March 2024; and
The Fund’s board of directors will be the SJCOG Board of Directors, and will carry out the responsibility for the Fund’s governance and administration of the funds allocated and establishing necessary procedures to fulfill the Fund’s purpose; and The specific purpose of the Fund shall be to provide planning, financing, and other services to increase housing opportunities for extremely low-, very low-, low and moderate-income households (including individuals experiencing homelessness) to obtain decent, safe, and sanitary affordable rental and ownership housing throughout San Joaquin County, California; and
The Fund intends to fulfill its purpose through collaboration with local municipal, county and other jurisdictions, as well as the private and philanthropic sectors (collectively referred to as “Collaborators”); and
Collaborators and the Fund will assist in the provision of such planning, services and financing, leveraging and participating in local, state, federal, and private financing programs that assist extremely low-, very low-, low- and moderate-income households (including individuals experiencing homelessness) in obtaining such affordable housing; and
The Fund intends to also engage in other charitable and educational activities associated with this goal as allowed by law; and
SJCOG and participating member agencies, will conduct planning and implementation activities that will accelerate housing production and housing-related initiatives; now, therefore,
177
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY STOCKTON, AS FOLLOWS:
1. Agrees that any participation in any application made by the San Joaquin Regional Housing Fund for available funds will be in a manner consistent with the relevant funding source requirements, public or private, the most current Guidelines adopted by the California Department of Housing and Community Development, when applicable, and San Joaquin Regional Housing Fund requirements.
2. Commits to providing documentation for completed projects that were funded in cooperation with the San Joaquin Housing Fund and other deliverables in a manner consistent with the California Department of Housing and Community Development, or other applicable fund source, and San Joaquin Regional Housing Fund requirements.
3. Agrees that prior to participating in any funding or project in coordination with the San Joaquin Regional Housing Fund that the City Council shall consider for approval a cooperative agreement between the San Joaquin Regional Housing Fund and the City.
4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, AND ADOPTED July 9, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
178
City of Stockton
Legislation Text
File #: 24-0637, Version: 1
AUTHORIZE THE CITY MANAGER TO APPROVE A THREE-YEAR AGREEMENT WITH CSG CONSULTANTS, INC. FOR FIRE PLAN REVIEW SERVICES
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute a three-year agreement with CSG Consultants, Inc. to provide fire plan review services for an amount not to exceed $210,000;
2. Approve findings that support an exception to the competitive bidding process; and
3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
The Stockton Fire Department (SFD) requires a third-party to provide fire plan review services. On April 11, 2024, the City advertised a Request for Proposal (RFP) for qualified firms to provide fire plan review services. A selection committee evaluated all proposals received and found CSG Consultants, Inc. (CSG) to be the most qualified proponent.
It is recommended that Council approve a motion authorizing the City Manager to execute a threeyear agreement with CSG for fire plan review services for a total amount not to exceed $210,000.
DISCUSSION
Background
SFD’s Fire Prevention Division works to reduce fire risk through code enforcement, fire safety education, fire investigation, and special services such as performing fire plan reviews and issuing fire code operational permits. Due to capacity constraints, Fire Prevention outsources fire plan reviews to a qualified consultant.
Fire plan reviews involve the examination and evaluation of building plans to guarantee compliance with fire safety codes, regulations, and standards. These plan reviews are essential for ensuring buildings are designed and constructed with adequate fire safety measures, reducing the risk of firerelated incidents and emergencies, and addressing potential fire hazards or safety concerns early in the planning and construction process. Fire plan reviews play a crucial role in promoting legal compliance with fire codes and regulations and contribute to emergency preparedness by ensuring that buildings are equipped with appropriate fire suppression systems, evacuation routes, and other safety measures.
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File #: 24-0637, Version: 1
SFD currently outsources fire plan review services to CSG Consultants, Inc (CSG). The current agreement with CSG expires June 30, 2024. SFD has determined a need to continue to enlist the services of a qualified consultant to provide fire plan review services.
Present Situation
On April 11, 2024, the City advertised an RFP for fire plan review services. On May 2, 2024, three (3) proposals were received from the following firms:
· Shums Coda Consultants (Pleasanton, CA)
· CSG Consultants, Inc. (Sacramento, CA)
· West Coast Code Consultants, Inc. (Kingsburg, CA)
A Selection Committee comprised of Fire Prevention staff evaluated and ranked all proposals based on each firm’s qualifications, professional experience, industry expertise, capacity, and proposed price. CSG was determined to be the most qualified proponent.
CSG has a highly experienced and qualified team with a proven track record in conducting thorough and accurate fire plan reviews. Their extensive expertise in local fire codes and regulations positions them as a reliable partner in ensuring compliance and safety. Additionally, CSG has a reputation for delivering high-quality service, consistently providing thorough, accurate, and timely reviews.
Furthermore, their significant resources enable them to effectively manage the City's fire plan review needs. CSG can provide onsite staff who are fully immersed in the City's processes, ensuring seamless integration with our existing systems and procedures. CSG has provided plan review services for the SFD since 2012 and their knowledge and familiarity with the City's unique needs enables them to provide responsive and tailored support.
Staff recommend entering into a three-year agreement with CSG for as-needed fire plan review services for a total amount not to exceed $210,000.
Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. The proposed findings include:
1. The Fire Prevention Division does not have enough qualified staff available to perform the quantity of fire plan reviews received;
2. Use of the RFP process is appropriate for this agreement because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of these criteria helps ensure selection of a vendor that will provide professional, responsive, and timely service; and
3. CSG Consultants, Inc. received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm for this project.
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File #: 24-0637, Version: 1
Staff recommend entering into a three-year agreement with CSG for as-needed fire plan review services for a total amount not to exceed $210,000.
FINANCIAL SUMMARY
Staff recommend a three-year agreement for an amount not to exceed $210,000. The Fire Department’s annual budget includes an allocation of $70,000 for plan review services in Fire Prevention Account 4050-000-630006-220-225-20-40-000-000. Costs for the subsequent years will be budgeted in the same account and subject to council approval during the annual budget development process.
Attachment A - Fire Plan Review Services Agreement
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181
1 (ZĞǀ͘ϭϬ.Ϯϳ.ϮϮ)
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
_____________________________________________________________________________
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
CITY OF STOCKTON
_________________________________________________________BB________________ +DUU\%ODFN City Manager Date
ATTEST:
____________________________________________________________________________ (OL]D5*DU]D&0&, City Clerk
APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:
Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –
CSG Consultants, Inc. fire plan review services
June, 30 2027
210,000
Professional Services Special Terms & Conditions
H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
J
([KLELW*6SHFLDO)XQGLQJ7HUPV &RQGLWLRQV
,IDSSOLFDEOHFKHFNER[
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____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CSG Consultants, Inc.
Cyrus Kianpour, President
1303 J Street, STE 270, Sacramento, CA 95814
6-7-2024
ATTACHMENT A 182
1 EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 To provide on-site plan review services, on an as-needed basis, as requested by the City.
2. Project Scope
2.1 Contractor shall provide on-site plan review services on an as needed basis, as requested by City.
2.2 Contractor shall perform off-site digital plan reviews on an as needed basis, as requested by City.
2.3 Contractor plan reviews shall include, but are not limited to, fire and life safety, fire department access and water supply, wildland urban interface, fire protection systems, and special hazards for all structures including but not limited to industrial/commercial buildings and single-family and multifamily complexes.
2.4 Contractor shall work with City permit technician and City plan check staff to provide an online application for plan submittal, tracking and approval of digital plans.
2.5 Contractor shall work with City permit technician and City plan check staff to provide full scanning and archiving services for all plan reviews.
2.6 Contractor shall work closely with local developers and other public parties on an as needed basis, as directed by City.
3. On-Site Specifications
3.1 Contractor shall work with City permit technician and City plan check staff to enter all electronic plans, documents, and associated exhibits and attachments into the Fire Department record management database.
3.1.1 Contractor shall furnish electronic versions of plan comments conforming to City's established correction list template.
3.1.1.1 Contractor shall incorporate any additional forms utilized by City into the correction comments and returned with appropriate
recommendations.
3.2 Contractor shall provide electronic plan comments for all digital plan reviews.
3.3 Contractor shall work with City permit technician and City plan check staff to deliver plan check comments by email.
3.3.1 Contractor's electronic review process shall be 100% PDF-based with no additional software required to view redlines.
3.4 Contractor shall work with City permit technician and City plan check staff to incorporate all required documents generated as a result of a modified method of ATTACHMENT A 183
2 construction into the correction comments and returned with any additional feedback.
3.5 Contractor shall work with City permit technician and City plan check staff to provide comprehensive up-to-date online status reports for all plan reviews.
3.6 Contractor shall enable digital submissions with no size limitations to a web based application to retrieve comments and marked-up digital plans including redlines.
3.7 Contractor shall work with City permit technician and City plan check staff to track the status of all submittals and resubmittals until the plans have been approved by City.
3.8 Contractor shall make its best effort to meet City requested plan review times for all on-site services.
3.9 Contractor turnaround times for off-site services shall be as follows:
• First Submittal 10 business days
• First Submittal - Minor Projects 7 business days
• Second Submittal and Subsequent Submittals 5 business days • Accelerated Submittal and Subsequent Submittals 5 business days
3.10 Contractor turnaround time may vary with the complexity and magnitude of the project.
3.11 Contractor shall be available to meet in-person with City and project stakeholders upon City request.
3.11.1 Contractor or City may choose to utilize video conferencing via Microsoft Teams, Zoom, or other mutually agreed upon platform.
3.12 Contractor shall work with City permit technician and City plan check staff to offer pre-design consultation with prospective applicants at no additional cost.
4. Off-Site Specifications
4.1 Contractor shall scan all paper plans for building and fire plan review immediately into digital files and store them on Contractor's servers for quick and easy access by both City and Contractor.
4.1.1 Contractor shall furnish electronic versions of plan comments conforming to City's established correction list template.
4.1.1.1 Contractor shall incorporate any additional forms utilized by City into the correction comments and returned with appropriate
recommendations.
4.2 Contractor shall provide electronic plan comments for all digital plan reviews.
4.3 Contractor shall deliver plan check comments by email.
ATTACHMENT A 184
3 4.3.1 Contractor's electronic review process shall be 100% PDF-based with no additional software required to view redlines.
4.4 Contractor shall incorporate all required documents generated as a result of a modified method of construction into the correction comments and returned with any additional feedback.
4.5 Contractor shall provide comprehensive up-to-date online status reports for all plan reviews.
4.6 Contractor shall enable digital submissions with no size limitations to a web based application to retrieve comments and marked-up digital plans including redlines.
4.7 Contractor shall track the status of all submittals and resubmittals until the plans have been approved by City.
4.8 Contractor shall allow City to check plan review status and comments online to view project documents and plans and communicate with Contractor.
4.9 Upon City request, Contractor shall provide electronic versions of digitally scanned plans and all construction-related documents.
4.10 Contractor shall coordinate pickup and delivery of plans and other materials to/from City via Contractor personnel or a City approved alternative service at no additional cost to the City.
4.11 Contractor shall make its best effort to meet City requested plan review times for all on-site services.
4.12 Contractor turnaround times for off-site services shall be as follows • First Submittal 10 business days
• First Submittal - Minor Projects 7 business days
• Second Submittal and Subsequent Submittals 5 business days • Accelerated Submittal and Subsequent Submittals 5 business days
4.13 Contractor turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround timing, Contractor shall notify City and negotiate additional time required to ensure an appropriate level of review.
4.14 For any required off-site services, the number of working days associated with the plan check turnaround time shall be based on time of project submittal. The first working day shall be the day the project is received by Contractor if submitted by 3:00 PM (PSD. For a project that is received by Contractor after 3:00 PM (PST), the first working day shall be the next business day.
4.15 Contractor shall be available for plan check Inquiries anytime during normal business hours via phone or email, Monday through Friday, 8:00 AM to 5:00 PM (PST).
ATTACHMENT A 185
4 4.15.1 Contractor shall make their best effort to respond to City questions or requests no later than the following business day.
4.16 Contractor shall be available to meet in-person with City and project stakeholders upon City request.
4.16.1 Contractor or City may choose to utilize video conferencing via Microsoft Teams, Zoom, or other mutually agreed upon platform.
4.17 Contractor shall offer pre-design consultation with prospective applicants at no additional cost
5. Internal and External Standards and Guidelines
5.1 Contractor shall review all plans and documents for compliance with fire codes, building codes, standards, industry regulations, and all local ordinances, including but not limited to California Fire Code, California Building Code (Volumes 1 and 2), California Residential Code, California Electrical Code, California Plumbing Code, California Mechanical Code, State Historical Building Code, California Health and Safety Code, California Existing Building Code, California Code of Regulations - Title 19, National Fire Protection Association (NFPA) Standards as published and referenced by the California Fire Code, local adopted ordinances and amendments relative to building, fire, and municipal codes, including project Conditions of Approval from other agency departments, divisions, and regulating agencies.
5.2 Contractor shall maintain licensed and certified fire plan reviewers.
5.3 Contractor shall maintain adequate staffing levels to match or adjust to changes in plan review activity to ensure responsiveness.
6. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: CSG Consultants, Inc. City: City of Stockton Attn: George Apple, Fire Serv. Mngr. Attn: City Manager 1303 J Street, Suite 270 425 N. El Dorado Street
Sacramento, CA 95814 Stockton, CA 95202
7. Key Personnel
Cyrus Kianpour - President, CSG Consultants, Inc.
George Apple - Fire Services Manager, CSG Consultants, Inc.
Dan Najera - Fire Services Specialist, CSG Consultants, Inc.
8. Option to Renew.
The term of the Agreement may be extended up to two (2) years 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 186
5 Exhibit B
Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Contractor provides written verification it has no employees)
4. Professional Liability/Errors and Omissions Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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 ATTACHMENT A 187
6 operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
ATTACHMENT A 188
7 Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies ATTACHMENT A 189
8 of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
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 190
9 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 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 ATTACHMENT A 191
10 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 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.
ATTACHMENT A 192
11 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.
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 ATTACHMENT A 193
12 confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
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 ATTACHMENT A 194
13 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.
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 ATTACHMENT A 195
14 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.
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.
ATTACHMENT A 196
15 31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
ATTACHMENT A 197
16 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 198
17 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 199
18 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 200
19 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 201
20 EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $210,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the 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.
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.
ATTACHMENT A 202
21 2. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for services requested of the Contractor as described in Exhibit A of this Agreement.
Task Description Hourly Rate
1 Fire Plan Review $145/hr
2 Fire Plan Review – Fire Protection Engineer $250/hr
3 Expedited Plan Review $217.50/hr
4 Expedited Plan Review – Fire Protection Engineer $375/hr TOTAL Not-to-Exceed $210,000
3. Annual Rate Adjustment .
3.1 The Contractor's hourly rate shall be subject to an annual adjustment on July 1st of each year (the "Adjustment Date") following the contract start year.
3.2 The hourly rate adjustment shall be based on the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), West Region, as published by the U.S. Bureau of Labor Statistics (the "CPI Index").
3.3 The percentage change in the CPI Index shall be calculated by comparing the CPI Index for the month of May immediately preceding the Adjustment Date with the CPI Index for the month of May in the previous year.
3.4 The Contractor's hourly rate shall be increased by a percentage equal to the percentage change in the CPI Index, subject to a minimum increase of 0% and a maximum increase of 5%.
3.5 The Contractor shall provide written notice, via email, to the City of the adjusted hourly rate at least 30 days prior to the Adjustment Date.
3.5.1 If the Contractor fails to provide the required written notice to the City at least 30 days prior to the Adjustment Date, the Contractor forfeits the right to increase the hourly rate for that year. The Contractor may only adjust the hourly rate on the following year's Adjustment Date, subject to the same notification requirements.
3.6 The adjusted hourly rate shall take effect on the Adjustment Date and shall remain in effect until the next Adjustment Date, unless otherwise modified by mutual agreement of the parties.
4. Invoice to Address. Each invoice submitted shall identify the task(s) listed in this Exhibit for the agreed upon price listed in this Exhibit. Invoices shall be submitted electronically through the City’s Vendor Self-Service portal or by emailing a copy of the invoice to [email protected].
ATTACHMENT A 203
22 EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services on an as-needed basis, as requested by the City.
ATTACHMENT A 204
23 EXHIBIT G
SPECIAL FUNDING TERMS AND CONDITIONS
Not Applicable – Intentionally Left Blank
ATTACHMENT A 205
City of Stockton
Legislation Text
File #: 24-0640, Version: 1
APPROVE RESOLUTION TO APPROVE THE ADOPTION OF THE PUBLICLY AVAILABLE CITYWIDE SALARY AND PAY SCHEDULE AS REQUIRED BY CALPERS FOR FISCAL YEAR 2024- 2025
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving a publicly available pay schedule effective July 1, 2024, to provide comprehensive information on salary compensation used to determine pension amounts in retirement for all City of Stockton job classifications and make the document available on the City’s website.
Summary
As a contributing member of the California Public Employees’ Retirement System (CalPERS), the City of Stockton is subject to statutory and regulatory requirements for Public Agencies. The Public Employees’ Retirement Law (PERL), the Public Employees’ Pension Reform Act of 2013 (PEPRA), and the California Code of Regulations (CCR) require that public agencies contracting with CalPERS adopt a publicly available pay schedule to prove the base information for determining pensionable compensation. The publicly available pay schedule is required to be duly approved and adopted by the governing body and made available to the public.
DISCUSSION
Background
CalPERS requires that only compensation earned as defined in Government Code Section 20636 and corresponding regulations be reported to CalPERS and considered in calculating retirement benefits. To determine the amount of “compensation earnable”, a member’s pay rate is limited to the amount identified on a publicly available pay schedule, 2 CCR 570.5 requires that a pay schedule must have the following:
· Be duly approved and adopted by the employer’s governing body in accordance with requirement of applicable public meeting laws;
· Identifies the position title for every employee position; · Shows the pay rate as a single amount or multiple amounts within a range for each identified position;
· Indicates the time base, including but not limited to whether the time base is hourly, daily, biweekly, monthly, bi-monthly or annually; City of Stockton Page 1 of 2 Printed on 7/3/2024
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File #: 24-0640, Version: 1
· Be posted at the office of the employer or be immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s website; · Indicates an effective date and date of any revisions; · Is retained by the employer and available for public inspection for not less than five years; · Not reference another document in lieu of disclosing the pay rate.
Present Situation
Anytime new Memorandum of Understanding (MOU) agreements are negotiated or when wage rate/range adjustments or classification title changes are approved, staff will amend the pay schedule for City Council’s consideration and approval if necessary.
FINANCIAL SUMMARY
There is no financial impact as a result of adopting this resolution.
City of Stockton Page 2 of 2 Printed on 7/3/2024
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207
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING ADOPTION OF THE PUBLICLY AVAILABLE CITY-WIDE
SALARY AND PAY SCHEDULE AS REQUIRED BY CALPERS FOR FISCAL YEAR 2024-2025
The City of Stockton ("City") contracts with the California Public Employees' Retirement System ("CalPERS") to provide retirement benefits for its employees; and California Code of Regulations, Title 2, section 570.5 requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and
The pay schedule must identify each position by title, the individual pay rate amount or ranges for that position, and the time base upon which the amounts are based; and
The City Council of the City now desires to amend the pay schedule in accordance with the requirements of California Code of Regulations, Title 2, section 570.5 to reflect changes made to certain salaries which will become effective on July 1, 2024; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION 1. That the City-wide Salary and Pay Schedule contained in Exhibit 1 attached hereto and made a part hereof, is hereby adopted and amended in accordance with the requirements of California Code of Regulations, Title 2, section 570.5 effective upon the City Council's approval of Amendment to the Schedule of Salary for the Stockton City Employees’ Association (SCEA), Mid-Management/Supervisory Level (B&C), Operations and Maintenance (O&M), Trades and Maintenance (T&M), Water Supervisory Unit, Stockton Fire Management Unit, Stockton Firefighters Local 456 (Fire), Stockton Police Management Association (SPMA), Stockton Police Officers’ Association (SPOA), and Unrepresented Management/Confidential and Law Employees. //
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208
SECTION 2. That the City-wide Salary and Pay Schedule will be made available for public viewing via the City website for no less than five (5) years.
PASSED, APPROVED and ADOPTED July 9, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
209
2024
SALARY SCHEDULE
(Revised July 1, 2024)
THIS DOCUMENT REPRESENTS THOSE SALARIES FOR
CITY OF STOCKTON CLASSIFICATIONS IN THE
Unrepresented Management/Confidential and Law Department Employees’ Compensation Plan, Fire Management Association, Stockton Fire Fighters’ Local 456, Stockton Police Management Association, Stockton Police Officers’ Association, Management B&C Association, Stockton City Employees’ Association, and Operating Engineers’ Local No. 3 (Operations and Maintenance, Supervisory Unit/Municipal Utilities Department, and Trades and Maintenance)
AS ESTABLISHED BY ACTION OF THE STOCKTON CITY
COUNCIL RESOLUTION
EXHIBIT 1 210
I. The Salary Step Plan
The Memorandum of Understanding for each employee bargaining unit and the Unrepresented Management/Confidential Employees’ Compensation Plan contain sections dealing with the Salary Step Plan for each job classification. Please refer to the appropriate section that deals with salary practices.
II. Bargaining Units/Group Codes
01--MA - Unrepresented - Department Heads
02--MV - Unrepresented - Middle Management
03--MW - Unrepresented - Confidential
04--MB - B&C - Mid-Management Level
05--MC - B&C - Supervisory Level
06--MF - Fire Management
07--MP - Police Management
10--A - SCEA - Professional and Technical Services
15--C - SCEA - Administrative, Clerical and Services
16--R - SCEA - Fire Telecommunicators
20--F - Fire
25--P - Police
30--B - OE3 - Trades and Maintenance
31--BO - OE3 - Operations and Maintenance
32--BP - OE3 - Parking Attendant Services
40--EP - Unrepresented - Executive Personnel (City Attorney) 41--PP - Unrepresented - Professional Personnel (City Attorney) 42--SP - Unrepresented - Support Personnel (City Attorney) 70--MS - OE3 – Water Supervisory Unit - Municipal Utilities Department III. Salary Provisions
The City Manager is authorized to make adjustments in classifications, including salary and benefit adjustments, to ensure comparability with similar classifications to maintain equity in the City’s salary schedules as recommended by the Human Resources Department classification studies and reviews, and to incorporate changes into the Salary Schedule, as appropriate (City Council Resolution No. 2019-06-18-1502 dated June 18, 2019).
EXHIBIT 1 211
IV. Special Salary Provisions
The City Manager is authorized to fix the compensation of consultants rendering professional services, non-civil service grant funded positions, and part-time hourly employees rendering temporary service, when the City Manager deems necessary and in the best interest of the City of Stockton, provided that the compensation allowed does not, in the aggregate, exceed the total sum for professional and consultant fees in the annual budget of the City of Stockton, or funds granted to the City or by other political jurisdictions for projects upon which said professional or consultant is employed. Persons employed under these special provisions shall receive no fringe benefits except those mandated employer costs or as required by contract or grant specifications.
MUNIS
GRADE JOB CLASSIFICATION HOURLY RATE
61B Accountant Intern $16.00 up to $25.00
50M Adult/Youth Sports Official $16.10 - $16.73 - $17.24 - $19.30 - $20.07 61J Administrative Intern $16.00 up to $25.00
50N Aquatics Assistant $16.10 - $16.76 - $17.37 - $18.00 - $18.54 50W Aquatics Instructor $19.45 - $20.16 - $20.89 - $21.64 - $22.43 50X Assistant Pool Manager $20.10 - $21.16 - $22.27 - $23.45 - $24.68 61K Economic Development Intern $16.00 up to $25.00
61M Engineering Intern $16.00 up to $25.00
61N Evidence Technician Intern $16.00 up to $25.00
61P Legislative Intern $16.00 up to $25.00
61E Library Book Preparer $16.00
61F Library Shelver $16.00
61H Library Support Staff $20.04 - $20.99
50O Lifeguard $17.45 - $17.99 - $18.55 - $19.12 - $19.71 50T Park Laborer $16.00 - $16.60 - $17.23 - $17.89
55F Parking Attendant $16.00 - $16.60 - $16.73
61Q Planning Intern $16.00 up to $25.00
61C Police Aide I $16.00 - $16.60 - $17.23 - $17.89
61A Police Aide II $16.95 - $17.58 - $18.23 - $18.92 - $19.65 - $20.41 50Y Pool Manager $21.84 - $22.99 - $24.20 - $25.47 - $26.81 80B Program Specialist $16.00 up to $150.00
50P Recreation Leader I $16.10
50Q Recreation Leader II $16.10 - $16.73
50R Recreation Leader III $16.73 - $17.24
50U Recreation Leader IV $17.24 - $17.93
50S Recreation Leader V $18.56 - $19.30 - $20.07
55C Safety Department Aide I $16.00 up to $150.00
55D Safety Department Aide II $16.60 up to $150.00
50V Senior Lifeguard $18.70 - $19.64 - $20.45 - $21.07 - $21.72 03Y Student Worker Supervisor $27.00 - $28.35 - $29.77 - $31.26 - $32.82 - $34.46 61G Transportation Officer $35.45
EXHIBIT 1 212
V. Other Provisions
"Y" Rate - When an employee's job classification is changed to a lower paid job classification as the result of a classification study or other action, the employee may be placed on a "Y" rate. A "Y" rate means that the monthly base compensation for the employee shall remain in effect until such time as further changes in the salary range of the new classification exceeds the "Y" rate.
VI. Addendum
Effective July 1, 2024, the City of Stockton Salary Schedule reflects a base salary increase of three percent (3%) COLA and Market Adjustments for certain classifications in the Stockton City Employees’ Association (SCEA) Unit, the Mid-Management/ Supervisory Level (B&C) Unit, and Unrepresented Management/Confidential and Law Employees’ Compensation Plan, in accordance with City Council Resolution 2023-08-22-1210 adopted on August 22, 2023.
Effective July 1, 2024, the City of Stockton Salary Schedule reflects a base salary increase of two percent (2%) COLA and two percent (2%) Market Adjustment for classifications in the Firefighters’ Local 456 Management Unit and the Fire Management Unit, in accordance with City Resolution 2022-07-12-1206 adopted on July 12, 2022, and amended by Resolution 2022-07-26-1222 on July 26,2022.
Effective July 1, 2024, the City of Stockton Salary Schedule reflects a base salary increase of two percent (2%) COLA and two percent (2%) Market Adjustment for classifications in the Stockton Police Officers Association Unit and the Stockton Police Management Unit, in accordance with City Resolution 2022-07-12-1206 adopted on July 12, 2022, and amended by Resolution 2022- 07-26-1222 on July 26, 2022.
Effective July 1, 2024, the City of Stockton Salary Schedule reflects a base salary increase of three percent (3%) COLA for classifications in the Water Supervisory Unit, in accordance with City Council Resolution 2023-09-12-1203, adopted on September 12, 2023.
EXHIBIT 1 213
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
EXEMPT GRADE 1 2 3 4 5 6 7 8 9
Accountant I A SCEA No No 1BN 5,894.80 6,195.66 6,513.28 6,847.58 7,198.64 7,566.42 - - - Accountant II A SCEA No No 1BM 6,479.74 6,811.84 7,161.70 7,527.74 7,914.46 8,318.88 - - - Accounting Manager MV UNREP MAN Yes Yes C02 10,859.00 11,430.08 12,653.92 13,319.42 13,353.52 14,030.76 - - - Administrative Aide I A SCEA No No 1AJ1 4,978.98 5,234.28 5,501.76 5,784.06 6,079.88 6,391.90 - - - Administrative Aide I (Confidential) MW UNREP Yes No D03 4,978.98 5,234.28 5,501.76 5,784.06 6,079.88 6,391.90 - - - Administrative Aide II A SCEA No No 10M1 5,507.70 5,790.42 6,087.26 6,398.22 6,727.22 7,071.60 - - - Administrative Aide II (Confidential) MW UNREP Yes No E03 5,507.70 5,790.42 6,087.26 6,398.22 6,727.22 7,071.60 - - - Administrative Analyst I A SCEA No No 1CD 5,473.68 5,754.36 6,048.36 6,358.76 6,683.96 7,027.02 - - - Administrative Analyst I
(Confidential) MW UNREP No No F03 5,342.02 5,615.96 5,902.90 6,205.82 6,523.18 6,857.98 - - - Administrative Analyst I (Grantfunded) MW UNREP No No F031 5,342.02 5,615.96 5,902.90 6,205.82 6,523.18 6,857.98 - - - Administrative Analyst II A SCEA No Yes 1CC 6,211.58 6,530.44 6,865.26 7,215.98 7,586.98 7,975.40 - - - Administrative Analyst II
(Confidential) MW UNREP No Yes G03 6,211.58 6,530.44 6,865.26 7,215.98 7,586.98 7,975.40 - - - Administrative Analyst II (Grantfunded) MW UNREP No Yes G031 6,211.58 6,530.44 6,865.26 7,215.98 7,586.98 7,975.40 - - - Agenda Coordinator MW UNREP No No 03L 4,426.80 4,653.72 4,891.94 5,142.66 5,405.98 5,683.00 - - - Animal Services Assistant I C SCEA No No 152 3,632.59 3.818.14 4,013.83 4,219.68 4,435.64 4,663.23 - - - Animal Services Assistant II C SCEA No No 153 4,002.25 4,208.06 4,422.62 4,650.20 4,887.95 5,138.70 - - - Animal Services Officer C SCEA No No 154 4,434.20 4,660.52 4,899.04 5,151.34 5,414.34 5,692.62 - - - Animal Services Supervisor MC B&C No No 05W 5,913.56 6,217.10 6,535.52 6,870.22 7,222.56 7,592.50 - - - Arborist MC B&C No Yes 5BZ 5,998.68 6,306.74 6,629.34 6,969.12 7,327.42 7,701.62 - - - Architect MC B&C No Yes 05M 6,348.12 6,673.24 7,015.06 7,374.88 7,752.68 8,149.74 - - - Assessment District Program
Coordinator A SCEA No Yes 1DA 6,769.78 7,116.16 7,481.68 7,865.00 8,267.50 8,690.52 - - - Assistant Architect A SCEA No Yes 10E - - 6,679.66 7,022.76 7,382.58 7,760.40 - - - Assistant Chief Financial Officer MV UNREP MAN Yes Yes 2AA1 12,418.12 13,038.80 13,690.46 14,374.70 15,093.12 15,847.48 - - - Assistant City Attorney EP UNREP MAN Yes Yes 40B 14,399.96 15,119.66 15,875.30 16,668.74 17,501.82 18,376.58 - - - Assistant City Auditor MV UNREP MAN Yes Yes 02I 8,218.00 8,639.24 9,081.80 9,546.92 10,035.88 10,549.90 - - - Assistant City Clerk MV UNREP MAN Yes Yes 02M 7,342.42 7,718.98 8,113.76 8,529.52 8,967.70 9,426.84 - - - Assistant City Traffic Engineer MC B&C No Yes 05A1 9,419.94 9,902.62 10,409.70 10,943.76 11,503.50 12,093.02 - - - Assistant Civil Engineer A SCEA No Yes 1BA1 - - 8,346.66 8,774.84 9,224.66 9,697.44 - - - Assistant Director of Community
Development MV UNREP MAN Yes Yes 024 12,697.56 13,348.22 14,032.20 14,741.18 15,504.26 16,295.08 - - - Assistant Director of Economic
Development MV UNREP MAN Yes Yes 02Y1 11,142.50 11,699.42 12,284.16 12,898.10 13,542.72 14,219.56 - - - UNIT
BASE MONTHLY SALARY BY STEP
Published July 9, 2024; Revised July 1, 2024 Page 1 of 17 EXHIBIT 1 214
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Assistant Director of Human
Resources MV UNREP MAN Yes Yes 02Y2 11,142.50 11,699.42 12,284.16 12,898.10 13,542.72 14,219.56 - - - Assistant Director of MUD MV UNREP MAN Yes Yes 2AA2 12,986.18 13,635.24 14,316.70 15,032.26 15,783.52 16,572.40 - - - Assistant Engineer A SCEA No Yes 1BQ1 - - 8,106.06 8,521.42 8,957.44 9,417.00 - - - Assistant Engineer/Traffic A SCEA No Yes 1BQ2 - - 7,608.82 7,998.72 8,408.00 8,839.38 - - - Assistant Landscape Architect A SCEA No Yes 1BF 5,198.00 5,464.00 5,744.16 6,038.42 6,348.12 6,673.24 - - - Assistant Planner A SCEA No Yes 1BP 5,756.56 6,051.44 6,361.44 6,687.88 7,030.74 7,391.48 - - - Assistant to the City Manager MA UNREP MAN Yes Yes 01N 9,604.60 10,096.04 10,613.84 11,157.94 11,729.60 12,330.14 - - - Assistant Traffic Engineer A SCEA No Yes 1BA2 - - 8,346.66 8,774.84 9,224.66 9,697.44 - - - Associate Civil Engineer MC B&C No Yes 05G1 8,527.70 8,964.86 9,423.92 9,906.28 10,414.68 10,947.76 - - - Associate Engineer MC B&C No Yes 05L1 8,070.34 8,484.80 8,919.40 9,375.62 9,856.26 10,361.36 - - - Associate Engineer/Mechanical MC B&C No Yes 05L2 7,575.32 7,964.34 8,372.30 8,800.50 9,251.70 9,725.82 - - - Associate Engineer/Traffic MC B&C No Yes 05L3 7,575.32 7,964.34 8,372.30 8,800.50 9,251.70 9,725.82 - - - Associate Mechanical Engineer MC B&C No Yes 05G2 8,406.08 8,837.00 9,289.52 9,764.98 10,266.14 10,791.62 - - - Associate Planner A SCEA No Yes 10D1 6,682.20 7,025.48 7,384.50 7,763.16 8,161.46 8,579.42 - - - Associate Traffic Engineer MC B&C No Yes 05G3 8,406.08 8,837.00 9,289.52 9,764.98 10,266.14 10,791.62 - - - Audit Assistant I MW UNREP Yes No 03P 3,461.46 3,639.48 3,825.04 4,021.86 4,227.46 4,444.36 - - - Audit Assistant II MW UNREP Yes No 03M1 4,308.96 4,529.62 4,761.54 5,006.02 5,261.78 5,531.34 - - - Auditor (Confidential) MW UNREP No Yes 03V1 5,116.36 5,378.38 5,654.20 5,943.80 6,248.44 6,569.40 - - - Auto Painter Repair Worker B T&M No No 3BG 5,370.88 5,646.92 5,937.12 6,242.34 6,563.16 - - - - Benefits Analyst MW UNREP No Yes 1BC 5,373.34 5,649.16 5,938.76 6,242.18 6,563.12 6,899.10 - - - Bookmobile Driver/Circulation
Assistant C SCEA No No 11B 4,026.66 4,233.74 4,449.60 4,678.56 4,917.72 5,170.04 - - - Budget Analyst I (Confidential) MW UNREP Yes No S03 6,067.24 6,370.60 6,689.12 7,023.58 7,374.76 7,743.52 - - - Budget Analyst II (Confidential) MW UNREP Yes Yes H03 7,160.20 7,518.18 7,894.10 8,288.82 8,703.26 9,138.44 - - - Budget Officer MV UNREP MAN Yes Yes 2AA3 12,418.12 13,038.80 13,690.46 14,374.70 15,093.12 15,847.48 - - - Building Permit Technician A SCEA No No 1BH 4,915.30 5,167.14 5,431.86 5,709.46 6,002.46 6,309.58 - - - Chemist BO O&M No Yes 31Y 5,574.26 5,853.84 6,146.32 6,453.06 6,775.32 - - - - Chief Financial Officer MA UNREP MAN Yes Yes 01S 14,552.94 15,332.66 16,128.30 16,979.74 17,875.04 18,818.14 - - - Chief of Police MA UNREP PS Yes Yes 01B 17,785.04 18,677.52 19,652.08 20,642.74 21,713.68 22,823.92 - - - Chief Plant Operator - Wastewater MV UNREP MAN Yes Yes A021 10,645.30 11,191.62 11,765.80 12,367.88 13,001.20 13,668.82 - - - Chief Plant Operator - Water MV UNREP MAN Yes Yes A022 10,645.30 11,191.62 11,765.80 12,367.88 13,001.20 13,668.82 - - - Chief Water Systems Operator MV UNREP MAN Yes Yes A023 10,645.30 11,191.62 11,765.80 12,367.88 13,001.20 13,668.82 - - - Circulation Assistant I C SCEA No No C15 3,654.74 3,841.44 4,038.30 4,245.42 4,462.72 4,691.68 - - - Circulation Assistant II C SCEA No No B15 4,026.66 4,233.74 4,449.60 4,678.56 4,917.72 5,170.04 - - - City Attorney EP UNREP MAN Yes Yes 40A 24,102.00 - - - - - - - - City Auditor MA UNREP MAN Yes Yes 01W 10,086.04 10,602.54 11,146.66 11,717.08 12,317.60 12,943.22 - - - Published July 9, 2024; Revised July 1, 2024 Page 2 of 17 EXHIBIT 1 215
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
City Clerk MA UNREP MAN Yes Yes 01X 15,139.97 - - - - - - - - City Council Member EL
ELECTED
OFFICIALS No Yes 50B 2,447.04 - - - - - - - -
City Manager CM UNREP MAN Yes Yes 00A 26,857.10 - - - - - - - - City Traffic Engineer MB B&C Yes Yes 4AE 10,411.38 10,944.72 11,505.00 12,094.84 12,714.22 13,356.74 - - - Code Analyst A SCEA No Yes 10K 5,569.38 5,854.66 6,154.08 6,470.20 6,801.74 7,149.98 - - - Code Enforcement Assistant A SCEA No No 1AR 3,893.70 4,092.86 4,303.62 4,523.36 4,755.92 4,998.84 - - - Code Enforcement Field Manager MC B&C No Yes 5BW 8,337.64 8,764.54 9,214.26 9,686.86 10,182.24 10,704.02 - - - Code Enforcement Officer I A SCEA No No 1AE 5,141.74 5,404.96 5,682.22 5,973.60 6,279.04 6,601.36 - - - Code Enforcement Officer II A SCEA No No 1CN 5,693.50 5,984.88 6,291.68 6,614.04 6,953.24 7,309.34 - - - Code Enforcement Supervisor MC B&C No No 5BY 6,639.54 6,980.50 7,337.60 7,713.69 8,110.28 8,524.41 - - - Collection Systems Operator (Entry
Level) BO O&M No No 31N 4,803.92 5,043.14 5,296.20 - - - - - - Collection Systems Operator
(Journey Level) BO O&M No No 31N1 - - - 5,560.34 5,838.26 6,130.04 - - - Collection Systems Supervisor MS WATER SUP No No 70D 6,339.32 6,663.04 7,005.34 7,363.44 7,741.54 8,138.30 - - - Combination Inspector I A SCEA No No 1AA 5,395.50 5,670.88 5,962.46 6,267.54 6,588.80 6,926.28 - - - Combination Inspector II A SCEA No No 10P 5,934.62 6,238.28 6,558.02 6,893.94 7,247.30 7,618.12 - - - Community & Cultural Services
Superintendent MB B&C Yes Yes 04H1 8,393.28 8,824.00 9,276.70 9,751.40 10,250.70 10,777.14 - - - Community Development
Technician A SCEA No No 1AH 5,033.50 5,291.04 5,561.86 5,847.40 6,146.16 6,461.12 - - - Community Engagement
Coordinator MW UNREP Yes Yes P03 7,251.72 7,622.58 8,013.12 8,424.74 8,856.02 9,309.78 - - - Community Relations Officer MV UNREP MAN Yes Yes 02B 11,142.52 11,699.42 12,284.16 12,898.10 13,542.74 14,219.54 - - - Community Service Officer I C SCEA No No 15M 4,128.48 4,339.96 4,562.34 4,796.88 5,042.28 5,301.24 - - - Community Service Officer II C SCEA No No 15V 4,544.48 4,777.80 5,022.26 5,280.58 5,551.44 5,834.76 - - - Computer Operations &
Maintenance Supervisor MC B&C No Yes 05Q1 6,098.82 6,411.06 6,740.04 7,085.72 7,448.10 7,829.76 - - - Computer Operator I C SCEA No No 15N1 3,548.00 3,730.46 3,920.68 4,122.42 4,333.18 4,555.50 - - - Computer Operator II C SCEA No No 15H 4,109.58 4,320.30 4,541.36 4,773.94 5,019.38 5,276.40 - - - Construction Services
Superintendent MB B&C Yes Yes 04B 11,141.16 11,712.96 12,312.58 12,943.82 13,606.68 14,294.30 - - - Contract Compliance Specialist MW UNREP Yes No 03F 5,384.66 5,660.46 5,950.06 6,254.72 6,575.66 6,912.90 - - - Craft Maintenance Supervisor MC B&C No Yes 05V 5,687.60 5,978.02 6,285.16 6,606.42 6,945.68 7,301.60 - - - Craft Maintenance Worker I B T&M No No 3AA 4,022.90 4,229.68 4,447.10 4,675.66 4,916.00 - - - - Craft Maintenance Worker II B T&M No No 30J1 4,932.80 5,186.36 5,452.90 5,733.20 6,027.92 - - - - Crime Analyst A SCEA No No 10O 5,938.88 6,242.78 6,562.46 6,899.34 7,253.38 7,624.66 - - - Published July 9, 2024; Revised July 1, 2024 Page 3 of 17 EXHIBIT 1 216
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Customer Service Assistant C SCEA No No 15X 3,797.16 3,991.82 4,195.78 4,411.78 4,637.10 4,874.42 - - - Data Entry Operator I C SCEA No No 15T1 3,138.08 3,298.70 3,467.06 3,645.68 3,832.02 4,028.62 - - - Data Entry Operator II C SCEA No No 15P1 3,464.46 3,641.80 3,828.16 4,024.76 4,230.36 4,447.54 - - - Data Entry Specialist C SCEA No No 15U 4,044.02 4,252.20 4,469.38 4,698.12 4,939.68 5,192.88 - - - Deferred Compensation Specialist MW UNREP No Yes 03S 4,621.14 4,858.08 5,106.32 5,368.34 5,642.92 5,932.50 - - - Department Finance Officer MV UNREP MAN Yes Yes 0231 10,127.62 10,633.80 11,165.24 11,723.30 12,309.20 12,924.40 - - - Deputy Building Official MB B&C Yes Yes 042 9,814.54 10,317.94 10,846.20 11,402.28 11,986.14 12,600.70 - - - Deputy Chief of Police I MV UNREP PS Yes Yes 02U 15,130.16 15,926.16 16,764.32 17,646.32 18,574.98 19,552.36 - - - Deputy Chief of Police II MV UNREP PS Yes Yes 02X 16,081.06 16,927.08 17,817.92 18,755.36 19,742.36 20,781.18 - - - 6,961.80 7,317.84 7,692.70 8,087.62 8,501.36 8,937.64 9,395.22 9,876.68 10,383.18 UNREP MAN 10,914.72 11,473.84 12,061.84 12,679.92 13,320.54 14,010.12 14,724.72 - - Deputy City Auditor I MW UNREP Yes No 03T 5,240.48 5,510.02 5,792.06 6,089.22 6,400.14 6,728.60 - - - Deputy City Auditor II MW UNREP Yes Yes 03W 6,400.14 6,728.60 7,073.36 7,435.70 7,816.84 8,218.00 - - - Deputy City Clerk I MW UNREP Yes No 03Q 3,850.14 4,046.78 4,254.22 4,472.38 4,701.32 4,942.50 - - - Deputy City Clerk II MW UNREP Yes No T03 4,234.10 4,451.86 4,678.82 4,919.60 5,171.10 5,436.40 - - - Deputy City Manager I MA UNREP MAN Yes Yes 01Y 11,228.44 11,789.66 12,378.86 12,997.56 13,647.12 14,329.22 - - - Deputy City Manager II MA UNREP MAN Yes Yes 01P 17,130.18 17,969.24 18,849.04 19,772.40 20,741.98 21,757.82 - - - Deputy Community Development
Director/Building & Life Safety MB B&C Yes Yes 4AC 11,783.46 12,387.16 13,021.64 13,689.64 14,385.54 15,124.82 - - - Deputy Community Development
Director/Engineering &
Transportation Planning MB B&C Yes Yes 4AD 11,543.54 12,134.96 12,756.48 13,410.88 14,092.66 14,816.88 - - - Deputy Community Development
Director/Planning & Engineering MB B&C Yes Yes 04D 11,707.16 12,306.94 12,937.28 13,600.94 14,292.36 15,026.84 - - - Deputy Director of Community
Services - City Librarian MB B&C Yes Yes 04O1 9,846.56 10,350.40 10,881.22 11,439.02 12,025.10 12,640.76 - - - Deputy Director of Community
Services - Recreation MB B&C Yes Yes 04O2 9,846.56 10,350.40 10,881.22 11,439.02 12,025.10 12,640.76 - - - Deputy Director of Human
Resources MV UNREP MAN Yes Yes 021 10,108.36 10,613.56 11,144.02 11,700.98 12,285.80 12,899.82 - - - Deputy Fire Chief I MV UNREP MAN Yes Yes 02Z 12,648.94 13,288.10 13,975.94 14,680.42 15,443.86 16,229.06 - - - Deputy Fire Chief II MV UNREP PS Yes Yes 020 14,937.46 15,723.64 16,551.20 17,422.32 18,339.26 19,304.52 - - - Deputy Housing Director MB B&C Yes Yes 04O3 9,844.72 10,348.46 10,879.16 11,436.88 12,022.86 12,638.42 - - - Deputy MUD Director/Engineering &
Department Services (PE) MB B&C Yes Yes 04U1 11,760.70 12,363.42 12,996.92 13,653.60 14,360.36 15,092.82 - - - Deputy MUD Director/Maintenance
& Collection Systems MB B&C Yes Yes 04A1 11,370.84 11,953.02 12,566.42 13,208.38 13,878.94 14,593.68 - - - Deputy MUD Director/Maintenance
& Collection Systems (PE) MB B&C Yes Yes 4AA1 11,760.70 12,363.42 12,996.92 13,653.60 14,360.36 15,092.82 - - - Deputy City Attorney (16 step salary
range) PP Yes Yes 41A
Published July 9, 2024; Revised July 1, 2024 Page 4 of 17 EXHIBIT 1 217
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Deputy MUD Director/Wastewater MB B&C Yes Yes 04U2 11,370.84 11,953.02 12,566.42 13,208.38 13,878.94 14,593.68 - - - Deputy MUD Director/Wastewater
(PE) MB B&C Yes Yes 4AB1 11,760.70 12,363.42 12,996.92 13,653.60 14,360.36 15,092.82 - - - Deputy MUD Director/Water MB B&C Yes Yes 04A2 11,370.84 11,953.02 12,566.42 13,208.38 13,878.94 14,593.68 - - - Deputy MUD Director/Water &
Sewer (PE) MB B&C Yes Yes 4AB2 11,760.70 12,363.42 12,996.92 13,653.60 14,360.36 15,092.82 - - - Deputy MUD Director/Water (PE) MB B&C Yes Yes 4AA2 11,760.70 12,363.42 12,996.92 13,653.60 14,360.36 15,092.82 - - - Deputy Public Works Director MB B&C Yes Yes 04A3 11,751.94 12,353.62 12,987.56 13,651.04 14,344.08 15,082.76 - - - Deputy Public Works Director (PE) MB B&C Yes Yes 4AA3 12,344.78 12,977.42 13,642.42 14,331.68 15,073.54 15,842.40 - - - Deputy Public Works Director/City
Engineer MB B&C Yes Yes 4AA4 11,760.70 12,363.42 12,996.92 13,653.60 14,360.36 15,092.82 - - - Deputy Redevelopment Director MB B&C Yes Yes 04O4 9,844.72 10,348.46 10,879.16 11,436.88 12,022.86 12,638.42 - - - Director of Community Development MA UNREP MAN Yes Yes 01T1 14,029.12 14,729.58 15,465.22 16,238.62 17,051.08 17,902.58 - - - Director of Community Services MA UNREP MAN Yes Yes 01T2 14,029.12 14,729.58 15,465.22 16,238.62 17,051.08 17,902.58 - - - Director of Economic Development MA UNREP MAN Yes Yes 01T3 14,228.18 14,938.60 15,684.66 16,469.04 17,293.02 18,156.60 - - - Director of Human Resources MA UNREP MAN Yes Yes 01T4 14,029.12 14,729.58 15,465.22 16,238.62 17,051.08 17,902.58 - - - Director of Information Technology MA UNREP MAN Yes Yes 01T5 14,385.34 15,103.60 15,857.90 16,650.96 17,484.02 18,357.16 - - - Director of Library Services MA UNREP MAN Yes Yes 01C2 11,753.46 12,355.20 12,980.84 13,651.54 14,341.08 15,085.78 - - - Director of Municipal Utilities MA UNREP MAN Yes Yes 01U1 14,745.62 15,482.60 16,256.42 17,068.90 17,921.96 18,817.70 - - - Director of Performance and Data
Analytics MA UNREP MAN Yes Yes 04O5 11,142.52 11,699.42 12,284.16 12,898.10 13,542.74 14,219.54 - - - Director of Public Works MA UNREP MAN Yes Yes 01U2 14,745.62 15,482.60 16,256.42 17,068.90 17,921.96 18,817.70 - - - Dispatcher B T&M No No 30Z 4,100.16 4,310.96 4,532.52 4,765.52 5,010.44 - - - - Diversity, Equity, and Inclusion
Officer MW UNREP Yes Yes 03H 9,844.72 10,348.46 10,879.16 11,436.88 12,022.86 12,638.42 - - - Economic Development Analyst A SCEA No Yes 1BV 6,518.06 6,851.62 7,202.46 7,572.16 7,960.80 8,368.28 - - - Electrical Technician (Entry Level) BO O&M No No 31H 6,056.96 6,368.26 - - - - - - - Electrical Technician (Journey
Level) BO O&M No No 31H1 - - 6,695.56 7,039.76 - - - - - Electrician I B T&M No No 3BM 4,593.22 4,829.32 5,077.56 5,338.54 5,612.94 - - - - Electrician II B T&M No No 3BN 6,319.84 6,644.70 6,986.20 7,345.34 7,722.86 - - - - Emergency Manager MB B&C No Yes 041 8,442.28 8,875.48 9,330.84 9,808.32 10,310.50 10,840.00 - - - EMS Transport Technician (Tier A) F FIRE No No 20F 4,445.36 4,672.80 4,911.98 5,164.14 5,427.98 5,706.14 5,998.62 - - EMS Transport Technician (Tier B) F FIRE No No 20G 3,643.38 3,829.22 4,025.48 4,232.18 4,449.24 4,676.72 4,917.18 - - Engineering Aide A SCEA No No 1AU 3,893.94 4,093.16 4,303.84 4,524.56 4,756.70 5,000.36 - - - Engineering Services Manager MB B&C Yes Yes 04T 11,222.34 11,797.18 12,401.10 13,036.86 13,704.50 14,397.04 - - - Engineering Technician I A SCEA No No 1AG 5,092.68 5,354.10 5,627.68 5,916.08 6,219.28 6,538.68 - - - Published July 9, 2024; Revised July 1, 2024 Page 5 of 17 EXHIBIT 1 218
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Engineering Technician II A SCEA No No 1AC 5,359.52 5,633.04 5,922.80 6,226.02 6,545.40 6,879.62 - - - Environmental and Sustainability
Officer MV UNREP MAN Yes Yes 02O 9,844.72 10,348.46 10,879.16 11,436.88 12,022.86 12,638.42 - - - Environmental Control Officer (Entry
Level) BO O&M No No 31J1 5,894.40 6,189.34 - - - - - - - Environmental Control Officer
(Journey Level) BO O&M No No 31J2 - - 6,498.96 6,823.26 - - - - - Equipment Service Worker B T&M No No 30Y1 4,187.14 4,402.40 4,628.68 4,866.56 5,116.70 - - - - Events Coordinator MC B&C No Yes 05N 6,177.04 6,502.14 6,844.36 7,204.59 7,583.79 7,982.93 - - - Events Manager MB B&C No Yes 04X 8,393.28 8,823.99 9,276.70 9,751.40 10,250.70 10,777.14 - - - Events Technician I A SCEA No No 10Z 3,942.99 4,150.52 4,368.97 4,598.92 4,840.97 5,095.75 - - - Events Technician II A SCEA No No 10Z1 4,727.10 4,975.90 5,237.79 5,513.47 5,803.62 6,109.11 - - - Evidence Technician I A SCEA No No 1AS 4,793.50 5,039.54 5,296.80 5,568.44 5,854.46 6,153.24 - - - Evidence Technician II A SCEA No No 1BE 5,274.06 5,544.54 5,829.32 6,126.80 6,441.84 6,771.16 - - - Executive Assistant (Confidential) MW UNREP Yes No 0331 5,672.25 5,955.98 6,253.78 6,568.23 6,899.83 7,245.14 - - - Executive Assistant (Legal) SP UNREP Yes No 42C 5,672.25 5,955.98 6,253.78 6,568.23 6,899.83 7,245.14 - - - Executive Assistant (Human
Resources) MW UNREP Yes No 5BE 6,563.00 6,893.75 7,241.72 7,607.24 7,990.99 8,392.20 - - - Executive Assistant to the City
Attorney SP UNREP Yes No 42B 6,951.91 7,302.71 7,667.59 8,054.33 8,459.39 8,882.36 - - - Executive Assistant to the City
Manager MW UNREP Yes No 030 6,951.91 7,302.71 7,667.59 8,054.33 8,459.39 8,882.36 - - - Executive Assistant to the Mayor MW UNREP Yes Yes 332 6,253.11 6,568.66 6,897.99 7,242.96 7,605.79 7,989.11 - - - Facilities Maintenance Supervisor MC B&C No No 5AC 5,162.04 5,425.46 5,704.30 5,996.02 6,303.12 6,626.98 - - - Facilities Maintenance Worker I B T&M No No 3BO 3,344.40 3,516.30 3,697.04 3,887.06 4,086.88 4,296.90 4,517.82 - - Facilities Maintenance Worker II B T&M No No 3BP 4,007.96 4,213.96 4,430.58 4,658.26 4,897.74 - - - - Facilities Maintenance Worker III B T&M No No 3BQ 4,419.30 4,646.46 4,885.24 5,136.34 5,400.32 - - - - Facilities Manager MB B&C Yes Yes 04Z1 8,276.76 8,701.66 9,146.80 9,616.50 10,109.32 10,626.72 - - - Facility Aide B T&M No No 3AK 3,011.52 3,166.30 3,329.06 3,500.16 3,680.08 3,869.24 4,068.16 - - Finance Assistant I C SCEA No No 156 3,725.64 3,916.80 4,117.08 4,329.04 4,550.12 4,782.88 - - - Finance Assistant II C SCEA No No 157 3,971.42 4,175.56 4,388.86 4,613.82 4,850.50 5,098.86 - - - Finance Officer MV UNREP MAN Yes Yes 02L 10,488.24 11,026.30 11,590.60 12,185.48 12,809.58 13,465.72 - - - Fire Battalion Chief MF FIRE MAN No No 06E 10,973.74 11,537.60 12,129.02 12,752.68 13,406.94 14,096.44 - - - Fire Battalion Chief - Admin MF FIRE MAN No No 06F 10,342.26 10,873.76 11,431.24 12,019.04 12,635.76 13,285.64 - - - Fire Battalion Chief (22 years) MF FIRE MAN No No 06G 11,152.62 11,725.70 12,326.74 12,960.54 13,625.46 14,326.20 - - - Fire Battalion Chief (22 years) -
Admin MF FIRE MAN No No 06H 10,510.86 11,051.02 11,617.58 12,214.96 12,841.74 13,502.22 - - - Fire Captain F FIRE No No 20I 8,606.82 9,049.34 9,513.66 10,002.56 10,516.20 11,057.40 - - - Published July 9, 2024; Revised July 1, 2024 Page 6 of 17 EXHIBIT 1 219
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Fire Captain - Admin F FIRE No No 20J 8,111.28 8,528.42 8,966.04 9,426.94 9,911.08 10,421.22 - - - Fire Captain (22 years) F FIRE No No 20K 9,359.88 9,841.18 10,346.06 10,877.82 11,436.40 12,024.92 - - - Fire Captain (22 years) - Admin F FIRE No No 20L 8,821.02 9,274.66 9,750.60 10,251.78 10,778.28 11,333.06 - - - Fire Chief MA UNREP PS Yes Yes 01R 16,857.62 17,744.86 18,678.80 19,661.92 20,696.74 21,786.06 - - - Fire Department Administrative
Manager MV UNREP MAN Yes Yes 02A 9,114.86 9,570.58 10,049.14 10,551.58 11,079.16 11,631.94 - - - Fire Fighter F FIRE No No 20Q 5,660.28 5,951.38 6,257.62 6,578.94 6,918.10 7,273.76 7,647.28 8,039.98 8,453.36 Fire Fighter - Admin F FIRE No No 20R 5,333.98 5,608.38 5,897.02 6,199.90 6,519.62 6,854.86 7,206.92 7,577.08 7,966.68 Fire Fighter (22 years) F FIRE No No 20S 6,472.14 6,805.16 7,154.58 7,523.46 7,910.24 8,316.44 8,743.48 9,193.00 - Fire Fighter (22 years) - Admin F FIRE No No 20T 6,099.12 6,413.02 6,741.60 7,090.08 7,454.66 7,837.52 8,240.10 8,663.78 - Fire Fighter Engineer F FIRE No No 20M 7,537.52 7,924.30 8,332.68 8,759.86 9,210.14 9,683.46 - - - Fire Fighter Engineer - Admin F FIRE No No 20N 7,103.36 7,467.94 7,852.90 8,255.56 8,679.96 9,125.84 - - - Fire Fighter Engineer (22 years) F FIRE No No 20O 8,197.06 8,617.66 9,061.84 9,526.34 10,015.98 10,530.76 - - - Fire Fighter Engineer (22 years) -
Admin F FIRE No No 20P 7,724.90 8,121.40 8,540.04 8,977.94 9,439.46 9,924.38 - - - Fire Fighter Trainee F FIRE No No 20U 5,660.26 - - - - - - - - Fire Prevention Inspector I A SCEA No No 1CF 5,295.98 5,567.10 5,852.68 6,152.82 6,467.40 6,799.40 - - - Fire Prevention Inspector II A SCEA No No 1CG 5,864.30 6,164.42 6,480.44 6,812.48 7,161.84 7,528.60 - - - Fire Telecommunications
Supervisor (40 hour work week) MC B&C No No 5AV 7,644.97 8,037.15 8,447.51 8,881.07 9,336.11 9,814.37 - - - Fire Telecommunications
Supervisor (56 hour work week) MC B&C No No 5AG 7,644.49 8,036.63 8,447.01 8,880.46 9,335.53 9,813.76 - - - Fire Telecommunications/ CAD
Coordinator MC B&C No No 5AA 8,375.28 8,804.44 9,255.74 9,731.13 10,228.69 10,754.01 - - - Fire Telecommunicator Call Taker C SCEA No No 5AZ 4,576.32 4,805.06 5,045.16 5,297.30 5,562.08 5,840.06 - - - Fire Telecommunicator I (40 hour
work week) R SCEA No No 16D 6,024.56 6,333.26 6,658.24 6,999.44 7,356.87 7,733.84 - - - Fire Telecommunicator I (56 hour
work week) R SCEA No No 16B 6,024.36 6,333.07 6,657.97 6,999.17 7,356.58 7,733.52 - - - Fire Telecommunicator II (40 hour
work week) R SCEA No No 16C 6,689.39 7,032.62 7,392.99 7,770.52 8,168.68 8,587.40 - - - Fire Telecommunicator II (56 hour
work week) R SCEA No No 16A 6,666.41 7,008.44 7,367.56 7,743.83 8,140.59 8,557.86 - - - Firearms Examiner MW UNREP Yes No N03 6,682.22 7,015.70 7,366.74 7,734.08 8,121.44 8,526.42 - - - Fleet Equipment Parts Assistant B T&M No No 3BH 4,311.88 4,533.52 4,766.54 5,011.58 5,269.18 - - - - Fleet Manager MB B&C Yes Yes 04Z2 8,276.76 8,701.66 9,146.80 9,616.50 10,109.32 10,626.72 - - - Fleet Operations Coordinator MC B&C No No 05R 7,048.56 7,409.66 7,788.84 8,188.84 8,608.28 9,048.56 - - - Geographic Information Systems
Administrator MC B&C No Yes 05Q2 6,098.82 6,411.06 6,740.04 7,085.72 7,448.10 7,829.76 - - - Published July 9, 2024; Revised July 1, 2024 Page 7 of 17 EXHIBIT 1 220
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Geographic Information Systems
Analyst I A SCEA No No 1CU 5,725.96 6,018.68 6,328.14 6,652.64 6,992.22 7,351.86 - - - Geographic Information Systems
Analyst II A SCEA No No 10V 7,042.04 7,404.00 7,782.62 8,181.26 8,601.60 9,041.94 - - - Geographic Information Systems
Manager MB B&C Yes Yes 04M1 7,156.40 7,523.92 7,909.46 8,314.24 8,740.86 9,188.08 - - - Geographic Information Systems
Specialist I A SCEA No No 1AO 5,316.50 5,588.32 5,875.64 6,176.96 6,492.26 6,826.18 - - - Geographic Information Systems
Specialist II A SCEA No No 1AF 5,850.42 6,150.54 6,466.44 6,796.54 7,145.62 7,512.06 - - - Geographic Information Systems
Supervisor MC B&C No Yes 5BP 8,094.34 8,509.58 8,945.14 9,403.92 9,884.50 10,391.22 - - - Golf Professional A SCEA No Yes 10Y 4,875.44 5,126.04 5,388.18 5,664.48 5,954.88 6,259.46 - - - Graffiti Abatement Technician B T&M No No 3AY 4,655.82 4,895.10 5,146.74 5,411.24 5,689.42 5,980.80 6,289.30 - - Grants Analyst A SCEA No Yes 1BP1 5,756.56 6,051.44 6,361.44 6,687.88 7,030.74 7,391.48 - - - Heating, Ventilation & Air
Conditioning Mechanic B T&M No No 30D 5,916.96 6,221.12 6,540.88 6,877.10 7,230.58 - - - - Housing Director MA UNREP MAN Yes Yes 01C3 11,753.46 12,355.20 12,980.84 13,651.54 14,341.08 15,085.78 - - - Housing Financial Advisor A SCEA No No 1CK 5,098.44 5,360.48 5,634.62 5,923.54 6,227.26 6,545.72 - - - Housing Program Supervisor MC B&C No Yes 05F 6,917.40 7,272.06 7,644.72 8,036.66 8,447.88 8,880.96 - - - Human Resources Analyst I MW UNREP Yes No 03N1 5,468.06 5,747.20 6,042.38 6,352.24 6,676.80 7,020.04 - - - Human Resources Analyst II MW UNREP Yes Yes Q031 6,558.12 6,895.34 7,248.90 7,620.00 8,011.16 8,421.12 - - - Human Resources Assistant I MW UNREP No No 035 3,431.24 3,607.52 3,791.84 3,986.86 4,191.18 4,406.26 - - - Human Resources Assistant II MW UNREP No No 036 3,781.16 3,974.82 4,177.84 4,392.86 4,617.28 4,855.00 - - - Human Resources Specialist MW UNREP No No 0371 4,421.80 4,648.72 4,886.96 5,137.68 5,400.92 5,676.76 - - - Human Resources Technician MW UNREP No No 038 4,923.86 5,176.18 5,441.74 5,720.58 6,012.74 6,320.82 - - - Hydrant Worker BO O&M No No 31U 3,836.26 4,033.42 4,240.76 4,458.74 4,687.90 - - - - Industrial Electrical Apprentice B T&M No No 3AX 4,464.16 4,693.62 4,934.92 5,188.50 - - - - - Information Technology
Interdepartmental Coordinator A SCEA No No 1BR 5,281.54 5,552.68 5,836.64 6,136.10 6,449.64 6,781.16 - - - Information Technology Officer MV UNREP MAN Yes Yes 02Y3 11,142.50 11,699.42 12,284.16 12,898.10 13,542.72 14,219.56 - - - Information Technology Supervisor MC B&C No Yes 5BQ 8,342.72 8,770.70 9,219.64 9,692.52 10,187.86 10,710.08 - - - Instrument Repair Technician B T&M No No 30C1 5,535.12 5,819.62 6,118.72 6,433.28 6,763.90 - - - - Internal Auditor I MW UNREP Yes Yes 03V2 5,116.36 5,378.38 5,654.20 5,943.80 6,248.44 6,569.40 - - - Internal Auditor II MW UNREP Yes Yes 039 5,654.20 5,943.80 6,248.44 6,569.40 6,905.38 7,260.18 - - - Janitor B T&M No No 3AI 3,609.04 3,794.52 3,989.58 4,194.62 4,410.24 - - - - Junior Engineer A SCEA No Yes 1BL1 - - 7,009.74 7,369.54 7,746.58 8,143.76 - - - Junior Engineer/Traffic A SCEA No Yes 1BL2 - - 6,579.78 6,917.50 7,271.40 7,644.22 - - - Published July 9, 2024; Revised July 1, 2024 Page 8 of 17 EXHIBIT 1 221
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Laboratory Supervisor MS WATER SUP No Yes 70H 7,421.90 7,793.00 8,182.92 8,591.60 9,020.38 9,471.70 - - - Laboratory Technician BO O&M No No 31M 4,685.82 4,919.32 5,165.68 5,423.58 5,695.58 - - - - Landfill Scale Operator B T&M No No 3AD1 3,944.00 4,146.70 4,359.86 4,583.98 4,819.58 - - - - Legal Secretary SP UNREP Yes No 42H 4,766.56 5,011.06 5,266.82 5,537.60 5,820.94 6,119.30 - - - Liability Claims Investigator I MV UNREP MAN Yes Yes 02O1 7,216.32 7,586.14 7,974.78 8,383.50 8,813.50 9,264.86 - - - Liability Claims Investigator II MV UNREP MAN Yes Yes 02J1 8,135.26 8,552.76 8,991.54 9,451.66 9,935.58 10,445.84 - - - Librarian I A SCEA No No 1AJ2 4,876.84 5,126.90 5,388.88 5,665.40 5,955.14 6,260.76 - - - Librarian II A SCEA No No 1CP 5,784.00 6,080.82 6,393.10 6,719.50 7,063.86 7,426.26 - - - Librarian Trainee A SCEA No No 1AK 4,433.32 4,660.34 4,899.22 5,150.00 5,413.94 5,691.12 - - - Library Aide I C SCEA No No 15T2 3,138.08 3,298.70 3,467.06 3,645.68 3,832.02 4,028.62 - - - Library Aide II C SCEA No No 15P2 3,464.46 3,641.80 3,828.16 4,024.76 4,230.36 4,447.54 - - - Library Assistant I C SCEA No No 15K1 3,726.62 3,916.80 4,117.28 4,329.32 4,550.34 4,784.22 - - - Library Assistant II C SCEA No No 15F 4,316.48 4,537.50 4,770.08 5,014.24 5,271.24 5,541.10 - - - Library Building Maintenance
Supervisor MC B&C No No 5AF1 4,915.30 5,167.14 5,431.86 5,709.46 6,002.46 6,309.58 - - - Library Driver/Clerk C SCEA No No 15Q 3,382.24 3,555.72 3,736.90 3,928.38 4,130.12 4,342.16 - - - Library Manager MC B&C No Yes 5BB 7,323.48 7,698.70 8,093.20 8,508.28 8,943.90 9,401.38 - - - Mail Courier C SCEA No No 15S1 3,220.32 3,384.80 3,558.28 3,740.76 3,932.22 4,133.98 - - - Maintenance Repair Technician I B T&M No No 3BJ 4,158.16 4,371.92 4,596.60 4,832.90 5,081.28 5,342.52 5,617.08 - - Maintenance Repair Technician II B T&M No No 3BI 4,655.82 4,895.10 5,146.74 5,411.24 5,689.42 5,980.80 6,289.30 - - Maintenance Worker I B T&M No No 3AG 3,314.28 3,484.66 3,663.74 3,852.10 4,050.08 4,258.28 4,477.12 - - Maintenance Worker II B T&M No No 3AD2 3,944.00 4,146.70 4,359.86 4,583.98 4,819.58 - - - - Management Assistant
(Confidential) MW UNREP Yes No 03C 6,477.88 6,810.10 7,158.62 7,525.98 7,910.88 8,317.06 - - - Management Information Systems
Manager MB B&C Yes Yes 04M2 7,156.40 7,523.92 7,909.46 8,314.24 8,740.86 9,188.08 - - - Managing Director of Events and
Parking MV UNREP MAN Yes Yes D02 11,753.46 12,355.20 12,980.84 13,651.54 14,341.08 15,085.78 - - - Materials Specialist B T&M No No 3AO 4,130.28 4,342.54 4,565.78 4,800.46 5,047.22 - - - - Materials Supervisor MC B&C No Yes 05S 6,728.00 7,082.10 7,454.82 7,847.22 8,260.22 8,694.96 - - - Mayor EL
ELECTED
OFFICIALS No Yes 50A 7,540.30 - - - - - - - -
Mayor's Senior Policy Advisor MW UNREP Yes Yes M031 7,799.72 8,199.74 8,619.38 9,061.68 9,525.08 10,014.20 - - - Mechanic I B T&M No No 3AV 4,808.90 5,056.08 5,315.96 5,589.22 5,876.50 - - - - Mechanic II (Heavy) B T&M No No 30N1 5,324.82 5,598.52 5,886.30 6,188.86 6,506.94 - - - - Mechanic II (Light) B T&M No No 30N2 5,324.82 5,598.52 5,886.30 6,188.86 6,506.94 - - - - Mechanic III (Heavy) B T&M No No 3AU1 5,872.50 6,174.32 6,491.66 6,825.34 7,176.14 - - - - Mechanic III (Light) B T&M No No 3AU2 5,872.50 6,174.32 6,491.66 6,825.34 7,176.14 - - - - Published July 9, 2024; Revised July 1, 2024 Page 9 of 17 EXHIBIT 1 222
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Mechanical Maintenance Apprentice B T&M No No 30V 4,251.58 4,470.12 4,699.88 4,941.48 - - - - - Mechanical Maintenance Worker I B T&M No No 30R 4,464.16 4,693.62 4,934.92 5,188.50 5,454.86 - - - - Mechanical Maintenance Worker II B T&M No No 30J2 4,932.80 5,186.36 5,452.90 5,733.20 6,027.92 - - - - Medium Equipment Operator B T&M No No 30S 4,375.58 4,600.52 4,836.96 5,085.62 5,347.00 - - - - Microbiologist BO O&M No Yes 31G 5,989.72 6,290.10 6,604.40 6,934.00 7,280.28 - - - - Micro-Computer Section Supervisor MC B&C No Yes 05U 6,137.18 6,451.16 6,781.48 7,129.46 7,495.10 7,878.42 - - - Network Support Analyst I A SCEA No No 1CJ 5,698.88 5,990.24 6,298.26 6,621.22 6,959.22 7,317.16 - - - Network Support Analyst II A SCEA No No 1CI 7,008.18 7,368.38 7,745.20 8,141.90 8,560.18 8,998.42 - - - Network Support Services
Supervisor MC B&C No Yes 5BT 7,578.00 7,966.78 8,374.56 8,804.08 9,254.00 9,728.42 - - - Occupational Health & Safety
Compliance Specialist MS WATER SUP No Yes 70E 5,801.32 6,098.10 6,410.84 6,739.72 7,084.68 7,447.18 - - - Office Assistant I C SCEA No No 15S2 3,286.16 3,454.00 3,631.04 3,817.24 4,012.62 4,218.50 - - - Office Assistant I (Confidential) MW UNREP No No I03 3,220.32 3,384.80 3,558.28 3,740.76 3,932.22 4,133.98 - - - Office Assistant I (Grant-funded) MW UNREP No No I031 3,220.32 3,384.80 3,558.28 3,740.76 3,932.22 4,133.98 - - - Office Assistant I (Legal) SP UNREP No No 42F 3,220.32 3,384.80 3,558.28 3,740.76 3,932.22 4,133.98 - - - Office Assistant II C SCEA No No 15N2 3,613.92 3,799.78 3,993.52 4,199.00 4,413.68 4,640.10 - - - Office Assistant II (Confidential) MW UNREP No No J03 3,548.00 3,730.46 3,920.68 4,122.42 4,333.18 4,555.50 - - - Office Assistant II (Grant-funded) MW UNREP No No J031 3,548.00 3,730.46 3,920.68 4,122.42 4,333.18 4,555.50 - - - Office Assistant II (Legal) SP UNREP No No 42E 3,548.00 3,730.46 3,920.68 4,122.42 4,333.18 4,555.50 - - - Office of Violence Prevention
Director MA UNREP MAN Yes Yes A04 14,029.12 14,729.58 15,465.22 16,238.62 17,051.08 17,902.58 - - - Office Specialist C SCEA No No 15E1 4,416.70 4,642.88 4,880.60 5,131.22 5,393.32 5,669.62 - - - Office Specialist (Confidential) MW UNREP No No K031 4,416.70 4,642.88 4,880.60 5,131.22 5,393.32 5,669.62 - - - Office Specialist (Grant-funded) MW UNREP No No K034 4,416.70 4,642.88 4,880.60 5,131.22 5,393.32 5,669.62 - - - Office Specialist (Legal) SP UNREP No No 42G 4,416.70 4,642.88 4,880.60 5,131.22 5,393.32 5,669.62 - - - Office Technician C SCEA No No 150 4,832.72 5,080.56 5,341.72 5,614.84 5,902.68 6,205.14 - - - Outreach Supervisor MW UNREP Yes Yes 03G1 5,471.66 5,752.54 6,047.44 6,356.40 6,683.22 7,025.34 - - - Outreach Worker MW UNREP Yes No 03Z 4,128.92 4,340.88 4,563.02 4,796.54 5,042.78 5,300.48 - - - Paralegal SP UNREP Yes No 42I 5,938.74 6,235.56 6,547.20 6,874.42 7,217.98 7,578.72 - - - Park Aide B T&M No No 3AB 2,431.66 2,553.22 2,680.80 2,814.76 2,955.48 - - - - Park Facility Planner MC B&C No Yes 5BK 8,338.64 8,766.54 9,216.34 9,687.96 10,183.96 10,706.96 - - - Parking District Supervisor MC B&C No No 5CD 5,426.66 5,705.10 5,996.42 6,304.46 6,626.74 6,967.04 - - - Parking Enforcement Officer C SCEA No No 15O 3,608.12 3,793.30 3,987.72 4,191.40 4,407.00 4,633.18 - - - Parks Equipment Operator B T&M No No 30X 4,212.94 4,429.48 4,657.16 4,896.56 5,148.24 - - - - Parks Manager MB B&C Yes Yes 04H2 8,393.28 8,824.00 9,276.70 9,751.40 10,250.70 10,777.14 - - - Published July 9, 2024; Revised July 1, 2024 Page 10 of 17 EXHIBIT 1 223
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Parks Supervisor MC B&C No No 5AH 5,426.02 5,704.16 5,996.32 6,302.62 6,625.86 6,966.04 - - - Payroll Supervisor MC B&C No Yes 5CG 6,728.00 7,082.10 7,454.82 7,847.22 8,260.22 8,694.96 - - - Plan Check Engineer MC B&C No Yes 5AB 8,531.64 8,968.80 9,428.80 9,911.54 10,418.50 10,952.52 - - - Plan Checker I A SCEA No No 10H 6,235.04 6,553.72 6,890.38 7,242.50 7,613.90 8,004.54 - - - Plan Checker II A SCEA No No 10D2 6,865.76 7,218.44 7,587.32 7,976.38 8,385.64 8,815.08 - - - Planning Manager MB B&C Yes Yes 04C 9,750.92 10,251.32 10,776.18 11,328.36 11,909.30 12,519.00 - - - Planning Technician I A SCEA No No 1CL 4,597.56 4,833.44 5,081.06 5,340.36 5,614.38 5,903.00 - - - Planning Technician II A SCEA No No 1CX 5,010.70 5,267.12 5,536.68 5,820.94 6,118.36 6,431.92 - - - Plant Maintenance Machinist BO O&M No No 31F 6,004.20 6,304.28 6,619.54 6,950.04 7,298.52 - - - - Plant Maintenance Mechanic (Entry
Level) BO O&M No No 31I1 6,149.50 6,457.34 - - - - - - - Plant Maintenance Mechanic
(Journey Level) BO O&M No No 31I2 - - 6,780.08 7,119.16 - - - - - Plant Maintenance Supervisor MS WATER SUP No No 70J 6,957.60 7,312.88 7,688.56 8,081.58 8,496.58 8,932.02 - - - Plant Maintenance Worker BO O&M No No 31Q 4,415.18 4,637.06 4,868.40 5,110.90 5,367.62 - - - - Plant Operations Supervisor MS WATER SUP No No 3BT 7,939.84 8,357.50 8,796.58 9,260.12 9,748.14 10,260.64 - - - Plant Operator (Entry Level) BO O&M No No 31L 5,329.02 5,594.62 5,874.56 - - - - - - Plant Operator (Journey Level) BO O&M No No 31L1 - - - 6,168.86 6,476.06 6,800.52 - - - Plant Operator Apprentice B T&M No No 3AH 4,340.86 4,564.00 4,798.58 5,045.22 5,304.54 - - - - Plant Operator-in-Training BO O&M No No 31P 5,096.52 5,358.48 5,633.92 5,923.48 6,227.96 - - - - Police Captain MP SPMA No Yes 07B 13,461.54 14,150.78 14,875.78 15,638.20 16,439.76 17,280.48 - - - Police Court Coordinator A SCEA No No 1CB 5,267.10 5,536.96 5,821.08 6,119.40 6,431.88 6,761.46 - - - Police Lieutenant MP SPMA No Yes 07C 11,667.82 12,266.84 12,894.84 13,555.16 14,249.48 14,979.58 - - - Police Officer P SPOA No No 25D 7,476.28 7,860.44 8,265.28 8,688.82 9,136.82 9,605.38 - - - Police Officer Recruit P SPOA No No 25C1 6,339.58 - - - - - - - - Police Officer Trainee P SPOA No No 25C2 6,339.58 - - - - - - - - Police Planning Analyst MC B&C No No 05I 6,639.84 6,980.34 7,337.58 7,714.12 8,108.64 8,524.96 - - - Police Records Assistant I C SCEA No No 15R 3,785.98 3,979.16 4,184.18 4,398.00 4,623.68 4,859.68 - - - Police Records Assistant II C SCEA No No 155 4,145.82 4,359.06 4,581.28 4,817.04 5,063.30 5,323.04 - - - Police Records Assistant III C SCEA No No 15W 4,562.92 4,795.94 5,042.78 5,300.40 5,573.30 5,858.48 - - - Police Records Supervisor MC B&C No No 5CH 5,660.74 5,950.66 6,255.82 6,576.22 6,913.30 7,268.40 - - - Police Sergeant P SPOA No No 25A 9,012.14 9,476.50 9,961.90 10,474.06 11,012.94 11,578.60 - - - Police Services Administrator MV UNREP MAN Yes Yes 0233 13,332.12 14,014.72 14,732.74 15,487.82 16,281.68 17,114.30 - - - Police Services Manager MB B&C No Yes 04W 8,818.42 9,270.96 9,746.58 10,245.34 10,769.90 11,323.02 - - - Police Telecommunications
Supervisor MC B&C No No 5AW 7,615.28 8,005.94 8,414.71 8,846.59 9,299.87 9,776.24 - - - Published July 9, 2024; Revised July 1, 2024 Page 11 of 17 EXHIBIT 1 224
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Police Telecommunicator Call Taker C SCEA No No E15 4,622.66 4,859.17 5,107.89 5,370.11 5,644.51 5,933.74 - - - Police Telecommunicator I C SCEA No No 158 6,031.13 6,340.19 6,665.50 7,007.06 7,364.90 7,742.27 - - - Police Telecommunicator II C SCEA No No 159 6,666.30 7,008.34 7,367.48 7,743.70 8,140.48 8,557.78 - - - Principal Civil Engineer MB B&C Yes Yes 04V 11,136.68 11,707.74 12,307.88 12,938.66 13,601.48 14,299.24 - - - Principal Economic Development
Analyst MV UNREP MAN Yes Yes 02F1 7,216.32 7,586.14 7,974.78 8,383.50 8,813.50 9,264.86 - - - Procurement Manager MB B&C Yes Yes 4AH 9,416.48 9,887.08 10,381.22 10,900.08 11,444.86 12,016.86 - - - Procurement Officer MA UNREP MAN Yes Yes 01C1 12,399.18 13,025.02 13,676.68 14,367.06 15,089.50 15,847.48 - - - Procurement Specialist I A SCEA No No 1AN 4,705.14 4,946.30 5,199.50 5,465.98 5,745.82 6,040.32 - - - Procurement Specialist II A SCEA No No 1CM 5,194.16 5,460.62 5,740.48 6,033.62 6,342.80 6,667.90 - - - Program Manager I MC B&C No Yes 5AQ 7,251.72 7,622.58 8,013.12 8,424.74 8,856.02 9,309.78 - - - Program Manager II MC B&C No Yes 5AP 8,086.18 8,500.62 8,936.10 9,394.08 9,875.92 10,381.64 - - - Program Manager II (Confidential) MW UNREP Yes Yes L03 8,086.18 8,500.62 8,936.10 9,394.08 9,875.92 10,381.64 - - - Program Manager III MV UNREP MAN Yes Yes 02J2 8,135.26 8,552.76 8,991.54 9,451.66 9,935.58 10,445.84 - - - Project Manager I A SCEA No No 1BD 5,883.44 6,185.88 6,502.84 6,835.50 7,186.64 7,554.84 - - - Project Manager II A SCEA No Yes 1BK 6,185.88 6,502.84 6,835.50 7,186.64 7,554.84 7,941.46 - - - Project Manager III A SCEA No Yes 1BJ 6,502.84 6,835.50 7,186.64 7,554.84 7,941.46 8,347.80 - - - Property Clerk C SCEA No No 151 4,449.44 4,678.30 4,916.80 5,169.80 5,434.08 5,712.88 - - - Property Room Supervisor MC B&C No No 5CC 6,376.16 6,702.72 7,046.44 7,407.34 7,787.00 8,186.96 - - - Public Information Officer I MW UNREP Yes No 03G2 5,724.48 6,018.34 6,326.86 6,650.08 6,992.02 7,349.94 - - - Public Information Officer II MW UNREP Yes Yes M032 7,799.72 8,199.74 8,619.38 9,061.68 9,525.08 10,014.20 - - - Public Safety Information Systems
Analyst A SCEA No No 11A 7,841.88 8,244.62 8,666.16 9,111.24 9,578.24 10,068.74 - - - Public Works Field Specialist A SCEA No No 1CS 5,537.60 5,820.94 6,119.30 6,432.76 6,762.46 7,108.48 - - - Public Works Heavy Equipment
Operator B T&M No No 3BA1 5,646.22 5,936.44 6,241.58 6,562.40 6,899.70 - - - - Public Works Inspector A SCEA No No 1CE 6,150.90 6,465.66 6,797.08 7,145.22 7,511.44 7,895.80 - - - Public Works Maintenance Worker
I B T&M No No 3AJ 3,495.40 3,675.06 3,863.96 4,062.56 4,271.38 4,490.92 4,721.78 - - Public Works Maintenance Worker
II B T&M No No 3AF 4,256.58 4,475.32 4,705.38 4,947.24 5,201.50 - - - - Public Works Safety/Training Officer B T&M No No 3BA2 5,646.22 5,936.44 6,241.58 6,562.40 6,899.70 - - - - Public Works Supervisor MC B&C No No 5AL 7,659.97 8,053.05 8,465.28 8,899.57 9,355.99 9,834.44 - - - Public Works Supervisor/Electrical MC B&C No No 5BM 7,242.50 7,613.90 8,004.54 8,414.48 8,846.24 9,298.56 - - - Quality Improvement Coordinator MC B&C No Yes 5CE 8,135.26 8,552.76 8,991.54 9,451.66 9,935.58 10,445.84 - - - Real Property Agent I A SCEA No No 1AI 5,739.24 6,033.00 6,342.22 6,666.92 7,008.60 7,367.30 - - - Published July 9, 2024; Revised July 1, 2024 Page 12 of 17 EXHIBIT 1 225
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Real Property Agent II A SCEA No No 10U 6,301.98 6,624.70 6,964.88 7,321.18 7,696.40 8,092.10 - - - Records Research Specialist MW UNREP Yes No 03M2 4,590.54 4,825.62 5,072.70 5,333.16 5,605.62 5,892.78 - - - Records Specialist C SCEA No No 15E2 4,416.70 4,642.88 4,880.60 5,131.22 5,393.32 5,669.62 - - - Recreation Assistant I C SCEA No No 15P3 3,690.86 3,879.80 4,078.32 4,287.78 4,506.80 4,738.18 - - - Recreation Assistant II C SCEA No No 15K2 3,970.14 4,172.76 4,386.32 4,612.24 4,847.70 5,096.86 - - - Recreation Manager MB B&C Yes Yes 04H3 8,393.28 8,824.00 9,276.70 9,751.40 10,250.70 10,777.14 - - - Recreation Program Coordinator A SCEA No No 1BT 5,033.52 5,291.82 5,562.94 5,848.24 6,147.64 6,462.48 - - - Recreation Supervisor MC B&C No No 5CA 5,996.94 6,304.90 6,627.42 6,967.10 7,325.30 7,699.36 - - - Recycling Specialist A SCEA No No 1AW 5,291.82 5,562.94 5,848.24 6,147.64 6,462.48 6,794.02 - - - Regulatory Compliance Officer MS WATER SUP No Yes 70A 7,237.60 7,608.72 7,998.60 8,408.56 8,839.86 9,292.42 - - - Reprographics/Mailroom Supervisor MC B&C No No 5AE 5,217.28 5,484.56 5,766.00 6,061.56 6,372.54 6,698.94 - - - Reprographics/Mailroom Technician
I C SCEA No No 15S3 3,430.76 3,605.98 3,790.82 3,985.20 4,189.18 4,404.12 - - - Reprographics/Mailroom Technician
II C SCEA No No 15K3 3,795.16 3,988.84 4,193.00 4,408.94 4,634.02 4,872.20 - - - Revenue Assistant I C SCEA No No 15Z 3,681.66 3,870.56 4,068.42 4,277.90 4,496.38 4,726.40 - - - Revenue Assistant II C SCEA No No 15G 3,924.50 4,126.28 4,337.02 4,559.34 4,793.24 5,038.64 - - - Revenue Collector C SCEA No No 15D1 4,532.36 4,764.96 5,009.10 5,266.10 5,535.96 5,818.66 - - - Revenue Officer MB B&C Yes Yes 4AI 10,023.86 10,551.44 11,106.78 11,691.34 12,306.68 12,954.40 - - - Revenue Supervisor MC B&C No No 5BJ 5,763.58 6,059.28 6,368.66 6,695.88 7,038.12 7,399.56 - - - Risk Analyst I MW UNREP Yes No 03N2 5,468.06 5,747.20 6,042.38 6,352.24 6,676.80 7,020.04 - - - Risk Analyst II MW UNREP Yes Yes Q032 6,882.56 7,236.52 7,607.56 7,997.00 8,407.52 8,837.78 - - - Risk Manager/Safety Officer MV UNREP MAN Yes Yes 02T 8,940.32 9,387.18 9,856.36 10,348.94 10,866.18 11,409.26 - - - Risk/Loss Control Officer MC B&C No No 5BX 6,883.00 7,236.04 7,607.06 7,997.50 8,407.40 8,838.24 - - - Risk/Loss Control Specialist MW UNREP Yes No 0372 4,421.80 4,648.72 4,886.96 5,137.68 5,400.92 5,676.76 - - - Secretary C SCEA No No 15E3 4,416.70 4,642.88 4,880.60 5,131.22 5,393.32 5,669.62 - - - Secretary (Confidential) MW UNREP No No K032 4,416.70 4,642.88 4,880.60 5,131.22 5,393.32 5,669.62 - - - Secretary (Grant-funded) MW UNREP No No K035 4,416.70 4,642.88 4,880.60 5,131.22 5,393.32 5,669.62 - - - Senior Accountant A SCEA No No 1BO 7,268.54 7,639.66 8,031.74 8,443.28 8,875.78 9,330.70 - - - Senior Administrative Analyst MC B&C No Yes 5BU 7,799.72 8,199.74 8,619.38 9,061.68 9,525.08 10,014.20 - - - Senior Administrative Analyst
(Confidential) MW UNREP No Yes M033 7,799.72 8,199.74 8,619.38 9,061.68 9,525.08 10,014.20 - - - Senior Administrative Analyst (Grantfunded) MW UNREP No Yes M034 7,799.72 8,199.74 8,619.38 9,061.68 9,525.08 10,014.20 - - - Senior Animal Services Officer C SCEA No No 15C 4,920.28 5,171.34 5,437.42 5,715.76 6,007.76 6,316.12 - - - Senior Budget Analyst (Confidential) MV UNREP MAN Yes Yes 029 8,533.38 8,960.06 9,408.04 9,878.48 10,372.38 10,891.00 - - - Published July 9, 2024; Revised July 1, 2024 Page 13 of 17 EXHIBIT 1 226
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Senior Civil Engineer MC B&C No Yes 05A2 9,813.90 10,316.78 10,845.06 11,401.46 11,984.60 12,598.76 - - - Senior Code Enforcement Officer A SCEA No No 1CO 5,985.73 6,292.61 6,614.98 6,954.26 7,310.40 7,684.87 - - - Senior Collection Systems Operator BO O&M No No 31X - - - - - - 6,437.04 6,757.82 - Senior Collection Systems
Supervisor MS WATER SUP No Yes 70C 7,359.76 7,735.94 8,133.18 8,550.02 8,987.86 9,448.34 - - - Senior Combination Inspector A SCEA No No 10J1 6,363.18 6,689.02 7,031.28 7,391.32 7,770.54 8,168.90 - - - Senior Community Development
Technician A SCEA No No 1CV 5,692.56 5,984.64 6,291.02 6,613.26 6,951.36 7,308.10 - - - Senior Community Service Officer MC B&C No No 5BH 5,044.98 5,303.42 5,575.18 5,860.28 6,160.04 6,475.76 - - - Senior Deputy City Auditor MW UNREP Yes Yes 03X 7,073.36 7,435.70 7,816.84 8,218.00 8,639.24 9,081.80 - - - Senior Deputy City Clerk MW UNREP Yes No 031 5,707.26 5,999.88 6,307.66 6,630.64 6,970.30 7,326.62 - - - Senior Economic Development
Analyst MC B&C No Yes 5AO 8,033.70 8,444.70 8,878.78 9,332.88 9,811.62 10,313.44 - - - Senior Economic Development
Analyst (Confidential) MW UNREP Yes Yes 03B 8,033.70 8,444.70 8,878.78 9,332.88 9,811.62 10,313.44 - - - Senior Electrical Inspector A SCEA No No 10J2 5,972.86 6,278.72 6,599.98 6,937.96 7,293.90 7,667.84 - - - Senior Electrical Technician BO O&M No No 3BL - - - - 7,816.78 8,218.56 - - - Senior Electrician B T&M No No 3BV 6,948.72 7,305.90 7,681.38 8,076.20 8,491.30 #REF! - - - Senior Engineering Technician A SCEA No No 10R 5,940.30 6,244.88 6,564.28 6,901.18 7,254.24 7,626.20 - - - Senior Environmental Control
Officer BO O&M No No 31C - - - - 7,163.68 7,521.70 - - - Senior Evidence Technician A SCEA No No 1AB 5,800.10 6,096.28 6,409.74 6,737.28 7,082.02 7,445.62 - - - Senior Facilities Maintenance
Supervisor MC B&C No No 5AY 6,673.24 7,015.06 7,374.88 7,752.68 8,149.74 8,567.38 - - - Senior Facilities Maintenance
Worker B T&M No No 3BU 5,032.76 5,291.42 5,563.40 5,849.36 6,150.00 - - - - Senior Finance Assistant C SCEA No No A15 4,586.52 4,821.88 5,068.96 5,329.04 5,602.12 5,888.22 - - - Senior Geographic Information
Systems Analyst A SCEA No No 10C 8,091.86 8,507.48 8,942.46 9,401.72 9,883.58 10,389.74 - - - Senior Geographic Information
Systems Specialist A SCEA No No 1BX 6,229.42 6,549.26 6,884.20 7,237.36 7,607.18 7,998.22 - - - Senior Golf Course Supervisor MC B&C No Yes 05O1 6,464.84 6,795.30 7,144.20 7,510.38 7,895.02 8,299.46 - - - Senior Housing Financial Advisor A SCEA No No 10L 5,812.00 6,110.32 6,423.44 6,751.32 7,098.04 7,462.20 - - - Senior Housing Rehabilitation
Counselor A SCEA No No 10G 5,933.44 6,237.42 6,557.32 6,893.14 7,246.24 7,617.90 - - - Senior Human Resources Analyst MW UNREP Yes Yes R031 7,870.72 8,271.92 8,696.92 9,141.98 9,610.88 10,103.56 - - - Senior Hydrant Worker BO O&M No No 31V 4,704.68 4,946.48 5,200.72 5,468.04 5,749.10 - - - - Published July 9, 2024; Revised July 1, 2024 Page 14 of 17 EXHIBIT 1 227
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Senior Instrument Repair
Technician B T&M No No 30A 6,085.90 6,398.72 6,727.60 7,073.40 7,436.96 - - - - Senior Janitor B T&M No No 3AC 3,979.42 4,184.00 4,398.98 4,625.10 4,862.82 - - - - Senior Library Aide C SCEA No No 15J 3,912.96 4,113.42 4,324.18 4,546.46 4,779.08 5,024.54 - - - Senior Library Assistant C SCEA No No 15A 4,875.44 5,126.04 5,388.18 5,664.48 5,954.88 6,259.46 - - - Senior Maintenance Repair
Technician B T&M No No 3BA3 5,646.22 5,936.44 6,241.58 6,562.40 6,899.70 - - - - Senior Management Assistant
(Confidential) MV UNREP MAN Yes Yes 02F2 7,216.32 7,586.14 7,974.78 8,383.50 8,813.50 9,264.86 - - - Senior Mechanic B T&M No No 30B 6,180.62 6,498.26 6,832.30 7,183.46 7,552.72 - - - - Senior Mechanical Maintenance
Worker B T&M No No 3BF 5,457.80 5,738.36 6,033.28 6,343.44 6,669.50 - - - - Senior Network Support Analyst A SCEA No No 1CW 7,820.04 8,221.66 8,642.06 9,085.88 9,551.56 10,040.70 - - - Senior Office Assistant C SCEA No No 15E4 4,416.70 4,642.88 4,880.60 5,131.22 5,393.32 5,669.62 - - - Senior Office Assistant
(Confidential) MW UNREP No No K033 4,416.70 4,642.88 4,880.60 5,131.22 5,393.32 5,669.62 - - - Senior Parks Supervisor MC B&C No Yes 05O2 6,464.84 6,795.30 7,144.20 7,510.38 7,895.02 8,299.46 - - - Senior Parks Worker I B T&M No No 30U 4,267.70 4,487.08 4,717.72 4,960.16 5,215.14 - - - - Senior Parks Worker II B T&M No No 30Q 4,491.56 4,722.38 4,965.14 5,220.34 5,488.70 - - - - Senior Plan Checker A SCEA No No 10A 7,466.64 7,848.60 8,251.08 8,674.08 9,117.64 9,585.88 - - - Senior Planner MC B&C No Yes 05X 7,839.94 8,241.84 8,663.74 9,108.30 9,575.64 10,065.62 - - - Senior Planning Technician A SCEA No No 1AD 5,381.20 5,657.28 5,946.94 6,251.54 6,571.14 6,908.38 - - - Senior Plant Maintenance Mechanic BO O&M No No 31A - - - - 7,617.44 7,999.36 - - - Senior Plant Maintenance
Supervisor MS WATER SUP No Yes 3BR 8,023.44 8,433.56 8,866.62 9,321.02 9,798.40 10,300.36 - - - Senior Plant Operations Supervisor MS WATER SUP No Yes 3BS 8,359.48 8,786.78 9,238.00 9,711.42 10,208.78 10,731.82 - - - Senior Plant Operator BO O&M No No 31W 6,448.62 6,770.16 7,129.28 7,506.56 7,904.56 - - - - Senior Plumbing/Mechanical
Inspector A SCEA No No 10J3 5,972.86 6,278.72 6,599.98 6,937.96 7,293.90 7,667.84 - - - Senior Police Records Assistant C SCEA No No D15 5,016.78 5,273.66 5,543.70 5,828.34 6,126.08 6,439.92 - - - Senior Procurement Specialist MC B&C No Yes 5CB 5,898.76 6,199.98 6,518.48 6,851.66 7,203.52 7,572.70 - - - Senior Public Works Supervisor MC B&C No No 5BD 7,359.46 7,737.26 8,133.02 8,550.68 8,988.88 9,448.94 - - - Senior Public Works
Supervisor/Electrical MC B&C No No 5BL 7,972.40 8,381.06 8,810.26 9,262.60 9,736.78 10,235.34 - - - Senior Real Property Agent A SCEA No Yes 10I 7,163.22 7,530.48 7,916.72 8,321.88 8,748.92 9,196.34 - - - Senior Recreation Assistant C SCEA No No 15D2 4,550.12 4,783.62 5,028.74 5,286.74 5,557.66 5,841.48 - - - Senior Revenue Assistant C SCEA No No 15D3 4,532.36 4,764.96 5,009.10 5,266.10 5,535.96 5,818.66 - - - Senior Risk Analyst MW UNREP Yes Yes R032 7,908.94 8,312.06 8,739.14 9,186.36 9,657.54 10,152.62 - - - Published July 9, 2024; Revised July 1, 2024 Page 15 of 17 EXHIBIT 1 228
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Senior Systems Analyst A SCEA No No 1BY 7,841.88 8,244.62 8,666.16 9,111.24 9,578.24 10,068.74 - - - Senior Telecommunications
Supervisor MC B&C No No 05P 6,868.20 7,219.66 7,589.46 7,978.90 8,387.88 8,816.50 - - - Senior Traffic Signal Electrician B T&M No No 3BD 6,464.82 6,797.12 7,146.50 7,513.80 7,900.00 - - - - Senior Transportation Planner MC B&C No No 05D 7,508.52 7,892.74 8,297.52 8,722.86 9,170.06 9,640.40 - - - Senior Tree Surgeon B T&M No No 30M 4,987.52 5,243.90 5,513.42 5,796.84 6,094.80 - - - - Senior Water Systems Operator BO O&M No No 31D - - - - - - 7,166.96 7,524.16 - Service Writer B T&M No No 30Y2 4,187.14 4,402.40 4,628.68 4,866.56 5,116.70 - - - - Solid Waste Inspector B T&M No No 30L 5,254.92 5,525.00 5,808.98 6,107.56 6,421.52 - - - - Solid Waste Manager MB B&C Yes Yes 04Y 8,346.52 8,774.84 9,225.06 9,697.10 10,193.58 10,717.10 - - - Sports Commission Director MV UNREP MAN Yes Yes 02O2 7,216.32 7,586.14 7,974.78 8,383.50 8,813.50 9,264.86 - - - Staff Development Specialist MW UNREP Yes No 0373 4,421.80 4,648.72 4,886.96 5,137.68 5,400.92 5,676.76 - - - Stage Maintenance Worker B T&M No No 30O 4,531.84 4,764.78 5,009.66 5,267.16 5,537.86 - - - - Storm Water Outreach Coordinator A SCEA No No 10M2 5,507.70 5,790.42 6,087.26 6,398.22 6,727.22 7,071.60 - - - Supervising Accountant MC B&C No Yes 5AN1 7,996.56 8,406.44 8,837.80 9,290.62 9,766.42 10,266.56 - - - Supervising Combination Inspector MC B&C No No 5AX 7,349.88 7,727.78 8,123.38 8,539.68 8,976.62 9,437.16 - - - Supervising Crime Analyst MC B&C No No 5CI 7,373.46 7,761.54 8,170.06 8,600.08 9,052.70 9,529.16 - - - Supervising Deputy City
Clerk/Operations MW UNREP Yes Yes 0321 6,421.40 6,750.42 7,096.14 7,460.06 7,842.12 8,243.94 - - - Supervising Deputy City
Clerk/Records MW UNREP Yes Yes 322 6,421.40 6,750.42 7,096.14 7,460.06 7,842.12 8,243.94 - - - Supervising Evidence Technician MC B&C No No 05Z 6,669.78 7,012.56 7,371.16 7,748.74 8,146.86 8,563.90 - - - Supervising Fire Prevention
Inspector MC B&C No No 1CQ 6,348.12 6,673.24 7,015.06 7,374.88 7,752.68 8,149.74 - - - Supervising Human Resources
Analyst MV UNREP MAN Yes Yes 028 8,655.54 9,099.36 9,565.74 10,055.94 10,569.96 11,112.80 - - - Supervising Librarian MC B&C No Yes 5BC 6,284.28 6,606.06 6,945.02 7,301.22 7,674.62 8,067.88 - - - Supervising Mechanic MC B&C No No 05Y 6,211.50 6,530.36 6,865.50 7,216.92 7,587.32 7,975.40 - - - Supervising Office Assistant MC B&C No No 5AF2 4,915.30 5,167.14 5,431.86 5,709.46 6,002.46 6,309.58 - - - Supervising Office Assistant
(Confidential) MW UNREP No No 03R 4,915.30 5,167.14 5,431.86 5,709.46 6,002.46 6,309.58 - - - Supervising Parking Attendant MC B&C No No 5BI 4,430.30 4,657.14 4,895.60 5,146.96 5,409.90 5,686.68 - - - Supervising Parking Enforcement
Officer MC B&C No No 5CF 4,055.86 4,258.58 4,471.40 4,694.90 4,929.52 5,175.90 - - - Supervising Plan Checker/Structural
Engineer MC B&C No Yes 05H 8,711.18 9,157.98 9,626.86 10,120.40 10,638.64 11,184.14 - - - Supervising Procurement Specialist MC B&C No Yes 5AN2 7,506.06 7,890.80 8,295.68 8,720.74 9,167.38 9,636.84 - - - Published July 9, 2024; Revised July 1, 2024 Page 16 of 17 EXHIBIT 1 229
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
BARGAINING FLSA
JOB CLASSIFICATION UNIT AT-WILL
OVERTIME
UNIT EXEMPT GRADE 1 2 3 4 5 6 7 8 9
BASE MONTHLY SALARY BY STEP
Supervising Public Works Inspector MC B&C No No 5BV 6,967.46 7,325.72 7,700.76 8,095.38 8,509.58 8,946.16 - - - Supervising Real Property Agent MC B&C No Yes 05B 8,692.64 9,138.72 9,607.62 10,099.24 10,616.32 11,161.52 - - - Survey Party Chief A SCEA No No 1AV 5,084.92 5,345.78 5,619.50 5,907.36 6,209.32 6,528.04 - - - Surveying Supervisor MC B&C No No 5AT 6,044.84 6,354.52 6,679.66 7,022.76 7,382.58 7,760.40 - - - Systems Analyst I A SCEA No No 1BZ 5,714.80 6,006.94 6,315.80 6,639.70 6,978.62 7,337.56 - - - Systems Analyst II A SCEA No No 1CA 6,616.38 6,956.46 7,312.20 7,686.72 8,081.64 8,495.36 - - - Technical Services Supervisor MS WATER SUP No No 70B 6,763.48 7,109.86 7,473.84 7,856.62 8,259.50 8,682.44 - - - Technology Project Coordinator A SCEA No No 1CH 6,800.04 7,149.28 7,514.84 7,900.76 8,305.70 8,731.06 - - - Technology Support Specialist I A SCEA No No 1CR 4,686.16 4,925.72 5,179.02 5,444.60 5,722.50 6,016.84 - - - Technology Support Specialist II A SCEA No No 1BS1 5,541.42 5,824.30 6,123.42 6,437.44 6,766.36 7,114.20 - - - Technology Training Coordinator A SCEA No No 1BS2 5,541.42 5,824.30 6,123.42 6,437.44 6,766.36 7,114.20 - - - Traffic Engineering Aide A SCEA No No 1AQ 4,032.48 4,239.38 4,456.52 4,683.96 4,924.28 5,177.44 - - - Traffic Signal Electrician B T&M No No 3BE 5,879.74 6,181.98 6,499.72 6,833.84 7,185.08 - - - - Traffic Signal Electrician Trainee B T&M No No 3AZ 4,417.08 4,644.14 4,882.80 5,133.80 5,397.66 5,675.16 5,966.84 - - Traffic Signal Systems Operator B T&M No No 30C2 5,535.12 5,819.62 6,118.72 6,433.28 6,763.90 - - - - Tree Maintenance Supervisor MC B&C No Yes 05T 5,830.28 6,129.68 6,443.20 6,773.48 7,121.70 7,485.40 - - - Tree Surgeon B T&M No No 30W 4,512.88 4,744.84 4,988.70 5,245.12 5,514.72 - - - - Tree Worker B T&M No No 3AP 3,609.56 3,795.14 3,990.18 4,195.28 4,410.94 4,637.60 4,876.04 - - Utilities Safety & Training Specialist MS WATER SUP No No 70I 4,458.16 4,686.32 4,925.80 5,179.04 5,443.56 5,723.16 - - - Utility Technology Manager MC B&C No Yes 5BQ1 8,342.72 8,770.70 9,219.64 9,692.52 10,187.86 10,710.08 - - - Utility Technology Specialist A SCEA No No 1CT 7,095.62 7,450.28 7,822.62 8,203.20 8,624.10 9,055.12 - - - Vehicle Abatement Specialist C SCEA No No 15L 3,637.98 3,824.28 4,019.62 4,226.52 4,442.40 4,671.14 - - - Warehouse Supervisor MC B&C No No 5AI 4,569.60 4,803.48 5,048.96 5,308.54 5,579.64 5,866.22 - - - Water Field Technician BO O&M No No 31O 4,289.16 4,503.76 4,728.54 4,964.90 5,212.84 5,473.84 - - - Water Systems Operator (Entry
Level) BO O&M No No 31Z 5,262.58 5,524.66 5,801.88 - - - - - - Water Systems Operator (Journey
Level) BO O&M No No 31Z1 - - - 6,091.20 6,395.70 6,715.34 - - - Water Systems Superintendent MS WATER SUP No Yes 70F 8,444.14 8,866.16 9,309.26 9,774.54 10,263.04 10,775.98 - - - Water Systems Supervisor MS WATER SUP No No 70G 7,266.78 7,649.02 8,050.88 8,475.12 8,921.76 9,390.82 - - - Water/Sewer Equipment Operator BO O&M No No 31K 5,296.30 5,560.14 5,839.26 6,130.86 6,436.38 - - - - Welder/Fabricator B T&M No No 30H 5,114.76 5,377.72 5,654.08 5,944.72 6,250.30 - - - - Welder/Fabricator Specialist B T&M No No 3AW 5,936.14 6,241.22 6,562.04 6,899.34 7,253.94 - - - - Published July 9, 2024; Revised July 1, 2024 Page 17 of 17 EXHIBIT 1 230
City of Stockton
Legislation Text
File #: 24-0643, Version: 1
APPROVE MOTION TO EXECUTE A ONE-YEAR COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT, WITH TWO (2) ADDITIONAL ONE (1) YEAR OPTIONS TO EXTEND WITH CITY OF FREMONT FOR PEREGRINE IN AN AMOUNT NOT TO EXCEED $233,500
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute a one-year Cooperative/Piggyback Purchase Agreement with two (2) one (1) year options to extend between the City of Stockton and Peregrine for real time data visualization platform to integrate a broad range of current and evolving technologies not to exceed $233,500;
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
3. It is further recommended that the City Manager is hereby authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Summary
Staff recommend a cooperative/piggyback purchase agreement with Peregrine for a one-year Cooperative/Piggyback Purchase Agreement with two (2) one (1) year options to extend, not to exceed $233,500, to create a comprehensive view for the Stockton Police Department (SPD).
Peregrine provides a powerful solution to address the demand for increased transparency by enabling staff to more efficiently respond to Public Records Act requests, subpoenas, and the public demand for meaningful fact-based information related to policing (i.e., informal and formal public contacts, community engagement, deployment of resources, crime trends, policies and procedures, use of force, etc.). Funding for the Agreement was included in the award for AB 109 Funding of the Community Corrections Partnership Task Force (CCP Taskforce). SPD is seeking Council approval for a one-year cooperative/piggyback purchase agreement (Attachment A) with two (2) one (1) year options to extend with the City of Fremont for Peregrine in an amount not to exceed $233,500.
DISCUSSION
Background
The SPD Partnership with San Joaquin County for CCP Task Force was approved by Council on May 21, 2024, by Motion 2024-05-21-1208. SPD was awarded the amount of $3,537,691 in revenues and expenditures for the Police Grants and Special Programs CCP Task Force, allowing the SPD the City of Stockton Page 1 of 3 Printed on 7/3/2024
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231
File #: 24-0643, Version: 1
ability to purchase critical software programs. Peregrine provides a platform that integrates all data, from incoming 911 calls to nearby community cameras, which will provide greater awareness and intelligence to responding officers, improving situational awareness and safety. Peregrine is an advanced analytic platform that provides a single point of access to view and analyze large-scale, real-time data from multiple data sources. The software performs several critical functionalities, including data integration, search and information retrieval, advanced analytics, data management, collaboration, access control, and security.
Present Situation
The SPD currently uses multiple data systems for its daily operations. Many of these systems are not linked and require a significant amount of time, training, and effort to cross analyze case-related data and effectively investigate crime trends. None of these systems allow the department to both proactively understand and respond to public safety concerns in real time. Peregrine Technologies provides a one-stop solution to data integration through their proprietary software that allows all personnel to access multiple databases through one useful, actionable portal. Peregrine will integrate data from the Computer Aided Dispatch (CAD) data, Records Management Systems (RMS) data, body camera footage, automatic license plate reader information, and other evidence systems. This will create a comprehensive view to easily gain immediate, real-time access to virtually all of Stockton’s Public Safety information.
Currently, the process of critically analyzing data and producing meaningful reports is primarily done manually. This is extremely inefficient and costly. Peregrine Technologies provides a powerful, unique solution that allows for intelligent analysis and reporting capabilities across all platforms and applications currently utilized by the Stockton Police Department. Peregrine does not create or bring any new data to the city; rather, it utilizes data from systems the city owns and makes it quickly functional. In addition to significant improvements to police operations, the system will also act as a workforce multiplier by creating operational efficiencies, particularly regarding crime stat reporting and real-time investigative tools. This is now a cumbersome manual process involving many individuals in various roles.
Peregrine provides a powerful solution to address the demand for increased transparency by enabling staff to more easily respond to Public Records Act requests, subpoenas, and the public demand for meaningful fact-based information related to policing (i.e., informal and formal public contacts, community engagement, deployment of resources, crime trends, policies and procedures, use of force, etc.).
The cost for Peregrine Technologies’ hosted system with data integration services is $233,500 for a one-year contract. The department also requests the option to renew for two additional one-year terms.
Findings
Stockton Municipal Code section 3.68.070 provides for an exception to the competitive bidding requirements in cases wherein the City Council has made findings that support and justify the purchase via a sole source vendor.
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File #: 24-0643, Version: 1
Findings to support the purchase are as follows:
1. Peregrine offers proven, pre-built connectors that allow for seamless integration with critical existing SPD systems such as Central Square CAD, Central Square RMS, Axon/evidence.com, as well as City automated license plate readers (ALPR) through Vigilant and Flock, eliminating the need to develop and maintain interfaces between Peregrine and SPD source systems.
2. Peregrine offers the only solution on the market that offers a fully integrated set of user-facing applications for search, map-based analysis, link analysis, reporting, and dashboarding that allow for seamless movement of data between those applications without the need to export and import data manually.
3. Peregrine meets and exceeds all standards and controls set forth in the most current Criminal Justice Information Security (CJIS) policies.
FINANCIAL SUMMARY
The total proposed cost not to exceed is $233,500 one-year Cooperative/Piggyback Purchase Agreement with two (2) one (1) year options to extend with Peregrine. Funding is included in the FY 2024-25 AB109 Community Corrections Partnership Task Force Grant Project GL # 3518-316- 650002-260-261-20-35-000-000-.
Attachment A - Peregrine Cooperative Piggyback Purchase Agreement City of Stockton Page 3 of 3 Printed on 7/3/2024
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1 (Rev. 9.30.22)
COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:
1. Cooperative/Piggyback
Name:
City of Fremont
2. Contractor: Peregrine Technologies, Inc.
Carahsoft Technology Corp.
3. Cooperative Agency
Agreement Name and
Agreement Number:
Peregrine Technologies, Inc.
Carahsoft Technology Corp.
21-0113
4. Cooperative Agency Initial
Agreement Term:
Start Date: March 16, 2021
End Date: March 16, 2024
5. Cooperative Agency’s
Agreement-Options to
extend:
Option to extend two additional years for a five-year
contract not-to-exceed. Year six and beyond shall
not exceed a 5% annual increase.
6. Cooperative Agency
Amended Term:
Amendment 1
Two-year extension set to expire March 16, 2026
7. Cooperative Agency
Remaining Options to
Renew:
Year six and beyond shall not exceed a 5% annual
increase.
8. City of Stockton
Cooperative Purchase
Agreement Term:
Start Date: August 1, 2024
End Date: August 1, 2025
9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:
Not to Exceed $700,500 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 Peregrine Technologies, Inc. (“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”).
ATTACHMENT A 234
2 (Rev. 9.30.22)
Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.
1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through August 1, 2025 unless terminated earlier by the City. If the Cooperative/Piggyback Agency extends the COOP with Contractor by a written amendment, the City has the option to extend the term of this Agreement by written amendment not to go beyond the term stated in the COOP fully executed amendment.
2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the 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.
3. Compensation: City and Contractor do hereby enter into this Agreement for real time crime monitors available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor during the term of this Agreement exceed not to exceed $700,500 for the term of the Agreement for the purchase of real time crime monitors Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.
4. 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.
5. Applicable Law. 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.
6. Special Funding. If Special Funding is applicable, Exhibit D – Special Funding Terms & Conditions are incorporated herein.
ATTACHMENT A 235
3 (Rev. 9.30.22)
This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.
CITY OF STOCKTON PEREGRINE TECHNOLOGIES, INC.
By: __________________________
Harry Black, City Manager Signature
Date:____________________
____________________________
Print name
ATTEST: Title: ________________________
____________________________ [If Contractor is a corporation, signatures must Katherine Roland CMC, CPMC comply with Corporations Code §313] Interim City Clerk
APPROVED AS TO FORM:
By: __________________________
___________________________ Signature
Lori Asuncion, City Attorney
__________________________
Print name
Title: _______________________
CARASOFT TECHNOLOGY CORP.
By: __________________________
Signature
____________________________
Print name
Title: ________________________
[If Contractor is a corporation, signatures must
comply with Corporations Code §313]
By: __________________________
Signature
__________________________
Print name
Title: _______________________
ATTACHMENT A 236
EXHIBIT A
(Insert the COOP’s Solicitation, Solicitation Response, fully executed Agreement and exhibits and any associated documents)
ATTACHMENT A 237
Solicitation RFP 21-008
POLICE DEPARTMENT REAL TIME DATA VISUALIZATION
PLATFORM
Bid Designation: Public
City of Fremont
City of Fremont Bid RFP 21-008
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ATTACHMENT A 238
Bid RFP 21-008
POLICE DEPARTMENT REAL TIME DATA VISUALIZATION PLATFORM Bid Number RFP 21-008
Bid Title POLICE DEPARTMENT REAL TIME DATA VISUALIZATION PLATFORM Bid Start Date Aug 21, 2020 8:48:25 AM PDT
Bid End Date Sep 14, 2020 2:00:00 PM PDT
Question &
Answer End
Date
Sep 1, 2020 3:00:00 PM PDT
Bid Contact Janice Becerra
Buyer
[email protected]
Description
The Fremont Police Department (FPD) is seeking Proposals from qualified vendors to provide a real time data visualization platform to serve as the key component in the Real Time Information Center (RTIC). Establishing an initial Standard Operating Procedure (SOP), procuring, integrating and implementing this platform is Phase 1 of a multi-phase approach for the FPD. Phase 2 will include day to day operations of utilizing the platform with existing staff, evaluation of the program, developing measures of effectiveness, and identifying future technology and personnel needs. Phase 3 will involve securing personnel position(s) as an operator in the RTIC. The final phase, Phase 4, if deemed necessary, will be to procure, install, and implement a video wall to complement the data visualization platform and its many displayed resources and data feeds. These subsequent phases will begin in Fall 2020 and likely take us into 2022 to complete the center. The focus of this RFP is implementation of the platform (Phase 1).
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ATTACHMENT A 239
`
Request for Proposals #21-008
POLICE DEPARTMENT
REAL TIME
DATA VISUALIZATION PLATFORM
PROPOSALS DUE NOT LATER THAN:
2:00 PM, September 14, 2020
Calendar of Events
Questions Submitted September 1, 2020 by 3 PM
Responses to Questions September 3, 2020
Proposals Due to City not later than 2:00 PM SEPTEMBER 14, 2020 Submit Proposals to:
[email protected]
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2 REQUEST FOR PROPOSALS (“RFP”)
FOR A REAL TIME DATA VISUALIZATION PLATFORM
A. The CITY OF FREMONT (hereinafter “City”) hereby requests Proposals for a comprehensive Real Time Data Visualization Platform for the Fremont Police Department. The City is also requesting software, data integration and professional services for implementation of the Real Time Data Visualization Platform (hereinafter “Project”). The City will receive Proposals at [email protected] up to 2:00 p.m. on September 14, 2020. Maximum submittal size may not be larger than 35 megabytes otherwise we cannot guarantee delivery.
Proposers who have experience with law enforcement agencies, specifically California implementations, data integration, CJIS compliance standards, and will meet the City’s requirements as outlined in the Functional Requirements section of this RFP are encouraged to submit proposals.
B. INTRODUCTION
1. General Description of Project
The Fremont Police Department (FPD) is seeking Proposals from qualified vendors to provide a real time data visualization platform to serve as the key component in the Real Time Information Center (RTIC). Establishing an initial Standard Operating Procedure (SOP), procuring, integrating and implementing this platform is Phase 1 of a multi-phase approach for the FPD. Phase 2 will include day to day operations of utilizing the platform with existing staff, evaluation of the program, developing measures of effectiveness, and identifying future technology and personnel needs. Phase 3 will involve securing personnel position(s) as an operator in the RTIC. The final phase, Phase 4, if deemed necessary, will be to procure, install, and implement a video wall to complement the data visualization platform and its many displayed resources and data feeds. These subsequent phases will begin in Fall 2020 and likely take us into 2022 to complete the center. The focus of this RFP is implementation of the platform (Phase 1).
2. Project Purpose
This Request for Proposals is being completed with the goal of awarding an agreement to a Vendor to provide the real-time data visualization platform. The platform should provide a complete operational picture, offering solutions with a variety of third-party applications. The purpose of this RFP is to solicit submissions from vendors who demonstrate a solution to serve as described in the Functional Requirements and meet the overall project purpose.
3. Background
The Fremont Police Department (FPD) practices an Intelligence-led Policing (ILP) model and philosophy. ILP’s primary objective is to reduce crime through identifying crime trends, deploying effective resources and making informed decisions based on dataCity of Fremont Bid RFP 21-008 8/21/2020 9:50 AM p. 4
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3 driven analysis, intelligence and technology tools. FPD greatly values our strong community partnerships and one such benefit has been the community support of the use of video surveillance technology throughout the City. FPD aims to establish a Real Time Information Center (RTIC), which is a hub of integrated information sources to include calls for service, crime trend information, technology, such as video surveillance and LPR, and personnel to facilitate real-time operational decision making. The goal is to improve situational awareness, increase operational effectiveness, quickly identify crime incidents and criminal suspects, and implement crime prevention strategies.
4. City’s Current Environment
The City’s network topology is based on Ethernet and consists of two core switches connected via a 10 Gbps WAN fiber link. Multiple VLANs are created to segment and secure the network utilizing a class A private network address space of
10.0.0.0/8.
Virtual servers run in a VMware vSphere/ESXi 6.7 environment. The virtual environment is based on Dell’s VxRail hyper-converged infrastructure. Operating systems that are supported include Microsoft Windows Server 2012, 2016, and 2019. SQL Server 2012 and 2016 are the prevalent databases in use. The City’s workstations and servers connect to edge switches at 1 Gbps. These edge switches have redundant fiber links that connect at 1 Gbps to each core switch.
A Cisco next generation firewall is deployed to provide the latest technology to secure and protect the City’s network. At the endpoints, workstations are protected against malware utilizing Cisco’s advanced malware protection (AMP) and Umbrella DNS. Two internet service providers provide redundant routes to the internet for access to websites and cloud service providers including Microsoft Government Azure.
The workstations are primarily Dell desktops and laptops running the Microsoft Windows 7 and10 operating systems. The City is currently migrating remaining Windows 7 workstations to Windows 10. Microsoft enterprise applications include Office 365, Exchange, Dynamics 365, Power BI, and Teams. ArcGIS enterprise
10.6.1 is used for our GIS environment. The Fremont Police Department is currently using Tiburon CAD 2.9 and RMS 7.10 solutions.
The City’s disaster recovery plan consists of on-premise backups to a storage appliance in addition to sending backups to the cloud. Using a combination of Microsoft Azure and Amazon Web Services, virtual servers can be booted-up in the cloud as needed to ensure business continuity.
5. Proposed Application and Computing Environment
The City is open to both an on-premise or a Cloud Computing Type SaaS and/or PaaS solution (SaaS/PaaS solutions will require an acknowledgement, that if selected, the proposer will submit SOC1/SOC2 reports). If proposer offers both types of solutions (onpremise and cloud), present both. However, for proposals that are not SaaS or PaaS, the City will need to assess additional line items to the proposer’s cost for maintenance, operations, storage, hardware, servers, networking components, respective licensing, City of Fremont Bid RFP 21-008
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4 and other applicable components. The City expects the new system to operate in multiple environments: development, test, and production.
C. CONTENTS OF PROPOSAL
The Proposer shall include in its proposal, at a minimum, the information outlined in this Section C in a manner which demonstrates the Proposer’s competence and qualifications for the satisfactory performance of services and delivery of software identified in this RFP. Responses will be evaluated and scored. At the City’s discretion scoring may be inclusive of some or all evaluation areas for each round. Scoring may be weighted.
The Proposer shall attach five separate exhibits to a cover letter, including the following:
• Scope of Services, Proposal Exhibit “A”;
• Cost Proposal, Proposal Exhibit “B”;
• Statement of Qualifications, Proposal Exhibit “C”;
• Terms of Technology Service Agreement, Proposal Exhibit “D”; and • Functional Requirements, Proposal Exhibit “E”.
• Appendix A-1 of this RFP contains a Proposer Checklist to assist Proposer in complying with the RFP requirements and company background and references sheets for Proposer to include in its Proposal Exhibit “C”. • Appendix A-2 of this RFP contains the Cost Proposal pricing template (attached for Proposer to include in its Proposal Exhibit “B”.)
• Appendix A-3 of this RFP contains the functional requirements section for Proposer to include in its Proposal Exhibit “E”.
• Appendix A-4 contains a Conflict of Interest/Collusion statement to be signed and submitted with the proposal.
Proposer shall identify each section in its proposal by inserting a tab divider between each required Exhibit section.
1. Cover Letter
An authorized representative of the Proposer shall sign the proposal on a cover letter that contains the following information: (a) identifies this project by name and number; (b) identifies the full legal name of the Proposer, along with the name of the contact person, address, phone number, and e-mail address; and (c) indicates Proposer’s willingness to comply with the procedures identified in this RFP, including an incorporation by reference of the five exhibits identified in this Section C.
2. Scope of Services
The Proposer shall prepare a complete description of the scope of services (to be labeled: Proposal - Exhibit “A”) which the Proposer intends to perform in order to achieve the Project Purpose. The precise scope of services to be incorporated into the Technology Service Agreement will be based upon Proposal Exhibit “A” (described below) and may be the subject of negotiations between the City and the successful proposer.
a. The Proposer’s scope of services should include, at a minimum, general discussion of the Proposer’s understanding of the overall project, a description of the major components of services (or phases of service), and the expected time of completion for each component proposed. Professional services shall include installation of software, project management, implementation, City of Fremont Bid RFP 21-008
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5 comprehensive data conversion (of vendor-recommended data), system acceptance testing, training, warranty, and documentation. b. The Proposer’s scope of services shall include a description of the software products or modules, licensing options, any customization, operating system and database, or any third party software products included in the proposal that are necessary to achieve the City’s stated Project Description and to meet the functional requirements. Proposer may include any software products, modules, third party software, or hardware in its proposal that are value-added or optional to be provided by Proposer to the City. Base proposal shall include a fully functioning and operational Real Time Data Visualization Platform. c. Proposer shall provide a detailed description of the proposed approach and methodology for creating the interfaces/integrations.
d. The Proposer’s scope of services should include information on the recommended delivery method for the proposed software solution (SaaS, PaaS, hosted, on-premise). The Proposer’s scope of services shall also include: A description of the standard and ad-hoc reporting capabilities of the proposed system; Proposer’s methodology and frequency for software upgrades and update releases; and Proposer’s policy for source code (e.g., source code, database schema, data dictionary, and documentation for the software and any customized modifications are delivered to City upon software installation and upon each and every enhancement, -[ii] made available to City on demand, or [iii] placed in escrow for access by City).
e. The Proposer’s scope of services must meet or exceed all applicable expectations toward compliance with Criminal Justice Information Systems (CJIS) Policy.
This includes but is not limited to: storage of information in United States datacenters only, encryption of sensitive information at rest and in transit, fingerprint-based background investigations of personnel, meeting all security awareness training standards, and mandatory notification of cybersecurity events.
f. The Proposer’s scope of services should describe the nature of any postimplementation and ongoing support for the Real Time Data Visualization Platform. The description shall include the levels of support available (e.g., gold, silver, bronze, etc.) and identify which level of support is being proposed for the City, telephone support including hours of operation and time zone, availability of 24/7 hotline, problem reporting and resolution procedures, escalation procedures, response time for various levels of severity, and other support that is available (e.g., additional on-site, remote, access to website portal, knowledge base, etc.).
g. Proposer shall specify all required components (software and/or hardware) to operate the proposed Software System in a highly available environment. The City reserves the right to purchase any components needed through a separate procurement process.
3. Cost Proposal
The Proposer shall provide a fixed price bid for all software licenses, implementation and professional services, training, and ongoing maintenance and support being proposed (to be labeled: Proposal Exhibit “B”) which identifies:
a. An itemized cost breakdown, including hourly rates and number of hours for each major component of service, with a cross-reference to each component of service, and for each software product or module including third party software products identified in Proposal Exhibit “A”. The cost breakdown shall also include a description of any reimbursable charges such as travel expenses.
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6 b. A total proposed “Not to Exceed” cost for the performance of all services and provision of all software products or modules including third party software products described in the Scope of Services, Proposal Exhibit “A”, needed to achieve the Project Description and to deliver a fully functional and operational Real Time Data Visualization Platform.
c. A proposed payment schedule for all services to be performed and products to be delivered.
d. Proposer shall use Appendix A-2, the Cost Proposal Template. e. The Cost Proposal, Proposal Exhibit “B”, should be placed in a separate sealed envelope and labeled accordingly. Please provide data ‘unlocked’ on the Cost Proposal Template (see RFP attachment 2).
f. The City reserves the right to purchase any third-party software products through a separate procurement process.
4. Statement of Qualifications
The Proposer shall prepare a Statement of Qualifications (to be labeled: Proposed Exhibit “C”) which provides the following information:
a. Identification of the size, stability, and capacity of Proposer’s organization, including, at a minimum, an identification of Proposer’s:
i. Total number of years in operation and number of years that Proposer has been providing public safety software systems and services similar to the scope of services described in this RFP.
ii. Total number of current employees.
iii. Number of office locations (including the location of each office and identification of the office from which service will be provided to the City).
iv. Number of employees in the office location which is intended to provide the services described in Proposal Exhibit “A”.
v. The financial condition of Proposer’s organization and whether there is any outstanding litigation or threat of litigation.
vi. Disclosure of any past, ongoing, or potential conflicts of interest which Proposer may have as a result of performing the work for this Project. vii. Appendix A-1, Form 2, contains the Proposer Background Information page for the Proposer to include in its Proposal Exhibit “C”. b. Identification of Proposer’s experience for providing a software system and performing services for projects of a similar size, scope, and complexity as the procurement required by this RFP, including an identification of proposed software version in a comparable computing environment within the last five years for at least three government clients within California of which at least one client shall be a municipality of comparable size and complexity to the City. The list of recent projects shall include the name, contact person, address, e-mail address and phone number for clients who have fully completed (live) installations, as well as a description of the software solution (specific modules installed, e.g., Appendix A-1, Form 3, contains the format for the references for the Proposer to include in its Statement of Qualifications, Proposal Exhibit “C”.
c. A list of the Proposer's principals, employees, agents, and sub-consultants that the Proposer intends to assign to this Project. The proposed Project staff shall include the account manager, project manager, lead trainer, technical architect, and all other key staff assigned to the Project. This list shall include a summary of the qualifications (including education, training, licenses, and experience) of each individual; the approximate number of hours each will City of Fremont Bid RFP 21-008
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7 devote to the Project; and the type of work to be performed by each individual.
The City will retain under its agreement with the successful Proposer the right of approval of all persons performing under the agreement.
5. Proposed Technology Service Agreement
The Proposer shall review the terms of the proposed Technology Service Agreement (“Agreement”) between the City and Proposer (Attachment 1 to this RFP) and identify any portions of the Agreement which the Proposer desires to amend either by addition, deletion, or modification (to be labeled: Proposal Exhibit “D”). Proposer shall also demonstrate its ability to comply with the City’s insurance requirements.
A copy of an insurance certificate or a letter of intent to provide insurance from the issuing company (including a description of types of coverage and dollar amount limits) may be favorably considered.
Proposer shall submit, as part of Proposal Exhibit “D”, all documents including, but not limited to, agreements and/or licenses of every kind that the Proposer would incorporate into any agreement with the City arising out of this RFP. These documents may include copies of the sample software licensing agreement, a sample implementation services agreement, and a sample escrow agreement.
6. Functional Requirements
The functional requirements of the proposed Real Time Data Visualization Platform will be key criteria for evaluating the proposals submitted to the City. The Proposer shall indicate its compliance with the functional requirements contained in Appendix A-3, which Proposer shall include in its proposal (to be labeled: Proposal, Exhibit “E”).
D. INSTRUCTIONS TO PROPOSERS
1. Time and Place of Delivery of Proposals It is the Proposer's responsibility alone to ensure that the proposal is received by the City’s Authorized Representative at the time and place identified on page 1 of this Request for Proposals (“RFP”).
2. RFP Schedule
The schedule for the RFP is as follows:
a. Submission of Questions September 1, 2020, 3:00 PM
b. Responses to Questions or September 3, 2020
Addendum Issued, if necessary
c. Proposals Due to City September 14, 2020
not later than 2:00 PM
3. Requests for Clarification of the RFP
The sole point of contact for information pertaining to this Project is www.bidsync.com. Communication with City staff about the scope of services or anything else related to this RFP is forbidden. Unless specifically authorized by the Purchasing Manager, no other City of Fremont official or employee is authorized to provide information related to this Project or RFP. Contact with other City officials or employees without the express permission of the Purchasing Manager could result in disqualification from further consideration in this RFP process.
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8 If any proposer has any question regarding the meaning of any part of this RFP, or finds discrepancies in or omissions from this RFP, the proposer shall submit questions or requests for clarification to www.bidsync.com by 3:00 PM, on September 1, 2020.
4. Format and Quality of Proposals
All proposals shall be prepared in a clear and concise manner. Unnecessarily elaborate or glossy proposals are neither expected nor desired. The emphasis of the proposal should be on responding to the requirements set forth in this RFP.
5. Submittal of Proposals
The Proposer shall submit an electronic PDF file(s) of the proposal at [email protected] up to 2:00 p.m. on the 14th day of September, 2020.
Subject Line to read: RFP 21-008 POLICE DEPT REAL TIME DATA
VISUALIZATION PLATFORM
NOTE: Maximum submittal size may not be larger than 35 megabytes otherwise we cannot guarantee delivery.
6. Initial Review Process
After the proposals are received and opened by the City, the City shall review and evaluate all proposals in order to determine which proposal(s) best meets the City’s needs for this Project. The City shall review the proposals based upon evaluation criteria including, but not limited to cost, ability to meet the City’s requirements (software functionality, usability, performance, flexibility, integration, and technology), implementation methodology, training, customer support, warranty, ongoing maintenance, experience and qualifications, references, understanding of the work to be completed based on clarity of proposal, and responsiveness to the RFP. Information must be furnished complete in compliance with the terms, conditions, provisions and specifications of this RFP.
The proposal with the lowest cost will not necessarily be selected; however, cost is a component of the evaluation.
7. Further Evaluation and Review
Upon completion of the initial review, the City shall notify those Proposers who will be considered for further evaluation and review. The City will further investigate qualifications and references of these proposers. Based upon this analysis, the City will request an on-site “Proof of Concept” (POC) demonstration to show how the proposed system will meet the required functionality for the new Real Time Data Visualization Platform. If selected as a finalist, City representatives may also request a visit to a client(s) reference site to observe the application in an actual working environment.
8. Award of Agreement
The City shall notify the Proposer(s) whose proposal(s) best meets the needs of the City and whose proposal(s) is most advantageous to the City to begin negotiation of the Agreement. The City reserves the right to negotiate the terms of the Agreement for this Project with one or more proposers. Proposers so notified shall negotiate in good faith in accordance with direction from the City. Any delay caused by Proposer's failure to respond to direction from the City may lead to a rejection of the Proposal.
a. The City reserves the right to reject any or all proposals and to waive any City of Fremont Bid RFP 21-008
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9 irregularities in any proposal or the proposal process. The award of the Agreement, if made by the City, will be based upon a total review and analysis of each proposal and projected costs.
b. If the City determines, after further evaluation and negotiation, to award the Agreement, a Technology Service Agreement shall be sent to the successful Proposer for the Proposer's signature. No proposal or agreement for this Project shall be binding upon the City until after the Agreement is signed by duly authorized representatives of both Proposer and the City.
9. Proposals Are Public Records
Each proposer is hereby informed that, upon submittal of its proposal to the City in accordance with this RFP, the proposal is the property of the City. a. Unless otherwise compelled by a court order, the City will not disclose any proposal while the City conducts its deliberative process in accordance with the procedures identified in this RFP. However, after the City either awards an agreement to a successful proposer, or the City rejects all proposals, the City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code Sections 6250, et seq.), unless there is a legal exception to public disclosure. b. If a proposer believes that any portion of its proposal is subject to a legal exception to public disclosure, the Proposer shall take the following actions:
(i) clearly mark the relevant portions of its proposal “Confidential”; and (ii) upon request from the City, identify the legal basis for exception from disclosure under the Public Records Act; and (iii) the Proposer shall defend, indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the “Confidential” portion of the Proposal.
10. Costs Associated with Preparation of Proposal are Proposer’s Responsibility All costs incurred by prospective proposers associated with the preparation of a response to this RFP and any subsequent demonstrations, analyses, studies, responses to inquiries, travel for purposes of competing for and/or negotiating an agreement with the City are the sole responsibility of the Proposer.
11. Compliance with Laws, Ordinances and Regulations
Proposer shall be familiar with and shall abide by all laws, ordinances, and regulations in conducting themselves during the term of their relationship with the City. The cost of this compliance will be included in the prices provided in the proposer’s proposal to the City.
12. Conflict of Interest
Each proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services as a result of this RFP. Any such relationship that might be perceived as or represent a conflict should be disclosed.
By submitting a proposal in response to this RFP, proposers affirm that they have not given, or intend to give at any time hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor or service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the disqualification of a proposer’s proposal. An award will not be made where a conflict of interest exists. The City will determine if a conflict of interest exists and whether it may reflect negatively City of Fremont Bid RFP 21-008
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10 on the City’s selection of a vendor. The City reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest.
13. Errors and Omissions
The Proposer bears full responsibility for exclusions or errors in its proposal submitted. Upon close of proposals, the City reserves the right to hold any proposer accountable and responsible for its submitted proposal. Failure to review or comprehend any portion of this Request for Proposals does not absolve the Proposer of the responsibilities articulated herein.
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11 APPENDIX A-1 PROPOSER RESPONSE PAGES
FORM 1, Page 1 of 1 PROPOSER CHECKLIST
This checklist has been provided to assist Proposer in complying with the RFP requirements.
All items listed must be included with the proposal. Proposer shall check off each item as it is assembled into the proposal, detach the checklist from the RFP, and submit it as part of the proposal.
Tab
No.
Description Appendix Attachment
to RFP (if applicable)
Included
Electronic files submitted to:
[email protected]
As specified in RFP
Proposer Checklist Appendix A-1, Form 1
Cover Letter with Company
Information and Signature
Scope of Services, Proposal Exhibit “A”
Cost Proposal, Proposal Exhibit “B”
(insert in a separate, sealed envelope by itself)
Appendix A-2
Statement of Qualifications, Proposal
Exhibit “C”
Proposer Company Background
(include with Proposal Exhibit “C”)
Appendix A-1, Form 2
Proposer Company References
(include with Proposal Exhibit “C”)
Appendix A-1, Form 3
Terms of Proposed Technology
Service Agreement and List of Exceptions
(include with Proposal Exhibit “D”)
Sample Agreement(s)
(include with Proposal Exhibit “D”)
Functional & Technical Requirements
(include with Proposal Exhibit “E”)
Appendix A-3
Conflict of Interest/Collusion Statement Appendix A-4, Form 4 City of Fremont Bid RFP 21-008
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FORM 2, Page 1 of 1 COMPANY BACKGROUND INFORMATION
I. Company Background
Description Response
1 Years in Operation
Number of years that company has
been in operation and providing
services similar to the scope of
services described in this RFP.
_________ Years
2 Office Locations
Number of total office locations. ________ Locations
Location of each office. Street
Address/City/State/Zip
Location of corporate headquarters.
Location of office from which service
will be provided to the City.
3 Employees
Number of current full-time regular
employees company wide.
__________ Employees
Number of employees in office
providing services to the City. __________ Employees
Product Development. __________ Employees
Implementation Support. __________ Employees
Service Center (Help Desk) Support __________ Employees 4 Clients
Total number of clients.
___________ Clients
Total number of local government
clients in California. ___________ Clients
Total number of clients currently
supported by office that will provide
services to City.
___________ Clients
5 Implementation Model
Direct, Implementation Partner,
Value Added Reseller.
Typical Implementation Duration for
Core functionality.
__________ Months
6 Support Model
VAR, Direct, Implementation Partner,
etc.
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13 Support hours (convert to Pacific
Time)
Brief description of issue escalation
procedure.
Brief description of SLA for critical
issue resolution.
7 Version Releases
Current version and release date of
the proposed solution
Anticipated date and version number
for next release
Number of prior versions supported
Describe major and minor release
schedules
8 Software as a Service
(SaaS)/Application Hosting Option
Brief description of SaaS/Application
Hosting models available.
Describe policy towards data
ownership and transferability from
SaaS/Hosted solution to on-premises
solution or to a 3rd party.
Describe SaaS/Hosting storage costs
Location of SaaS/Hosting site,
mirrored sites. If 3rd party, identify
the organization.
Describe backup strategy.
Describe disaster recovery strategy.
Single or multi-tenant.
Acknowledgement required: If
selected, proposer will submit
SOC1/SOC2 reports (including for all
third-party entities affiliated with the
consultant’s solution).
9 CJIS Compliance
Acknowledgement required: If
selected, proposer will submit CJIS
compliance verification
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FORM 3, Page 1 of 3 PROPOSER REFERENCES
I. References
Complete the following information for a minimum of three local government agencies within California for which Proposer has provided comparable systems and professional services during the past five years. At least one reference shall be a municipality of comparable size and complexity to the City. References may or may not be reviewed or contacted at the discretion of the City. The City reserves the right to contact references other than, and/or in addition to, those provided by proposers.
The City shall not provide information received from references to proposers. Make additional copies of these pages if necessary.
Reference 1
Agency Name:
Department Name:
Address:
Contact Person:
Title:
Telephone Number:
E-Mail Address:
Name and Version of Software Modules or
Products Installed:
Technology (including hardware platform,
database platform, operating system, and
whether on premise, SaaS, or Hosted):
General Description of Services Performed:
Dates for Performance (Go-Live Date, Project
Duration in Months):
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FORM 3, Page 2 of 3 PROPOSER REFERENCES
I. References (continued)
Reference 2
Agency Name:
Department Name:
Address:
Contact Person:
Title:
Telephone Number:
E-Mail Address:
Name and Version of Software Modules or
Products Installed:
Technology (including hardware platform,
database platform, operating system, and
whether on premise, SaaS, or Hosted):
General Description of Services Performed:
Dates for Performance (Go-Live Date, Project
Duration in Months):
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FORM 3, Page 3 of 3 PROPOSER REFERENCES
I. References (continued)
Reference 3
Agency Name:
Department Name:
Address:
Contact Person:
Title:
Telephone Number:
E-Mail Address:
Name and Version of Software Modules or
Products Installed:
Technology (including hardware platform,
database platform, operating system, and
whether on premise, SaaS, or Hosted):
General Description of Services Performed:
Dates for Performance (Go-Live Date, Project
Duration in Months):
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COST PROPOSAL
The Cost Proposal must itemize the costs to the City for Proposer to perform the scope of services and provide the Real Time Data Visualization Platform for the Project as described in Proposal Exhibit “A” and in Appendix A-3, System Functional Requirements. A narrative may be attached to clarify any pricing data submitted.
City of Fremont
Real Time Data Visualization Platform
Pricing Estimates
Pricing Estimates, On-Premises
1. Software Licensing – On Premises –
Include concurrent user / per user /per
site pricing model details. Differentiate
between modules that are included or
separated into additional expense.
NOTE: The City strongly prefers an
Enterprise Pricing rather than user-based
licensing.
2. Third-Party Licensing (if applicable) –
Discuss pricing for any recommended thirdparty solutions.
3. Implementation – Training, travel expenses,
installation, data conversion, integration, etc.
Include any assumptions made in calculating
implementation pricing.
4. Annual Maintenance, 5 Years
Year One
Year Two
Year Three
Year Four
Year Five
5. Total Year One:
6. Total Five Years:
Pricing Estimates, Hosted / Software-as-aService
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18 1. Software Licensing – Other than or in
addition to annual subscription.
2. Third-Party Licensing (if applicable) –
Discuss pricing for any recommended thirdparty solutions.
3. Implementation – Training, travel
expenses, installation, data
conversion, integration, etc.
4. Annual Subscription, 5 Years
Year One
Year Two
Year Three
Year Four
Year Five
5. Total Year One:
6. Total Five Years:
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SYSTEM FUNCTIONAL & TECHNICAL
REQUIREMENTS
I. The City is seeking a comprehensive Real Time Data Visualization Platform. The capabilities and features of interest to Fremont Police Department, but not limited to, are included in the Functional and Technical Requirements list below:
II. The response template identifies selected key features, functions, and capabilities that the City is seeking from the new Real Time Data Visualization Platform. Proposer shall indicate compliance with each requirement to enable the City to evaluate the proposed solution as follows:
• “2” – Proposed software release fully supports the requirement with standard implementation configuration; there is no customization, workaround, or third-party software required. • “1” – Proposed software release supports the requirement with customization, work-around, or third-party software.
• “0” – Proposed software release does not support the requirement.
Proposer must complete Column “B”, Proposer Response, for each requirement and must provide a detailed explanation for any “1” or “0” response in Column “C”, Detailed Explanation. Proposer may provide a detailed explanation for any requirement that the Proposer would like to highlight for consideration by the City during the review process. Proposer may attach a separate sheet(s), if necessary, for such explanation by restating the text of the requirement along with the item number and providing the additional response immediately following the requirement in the same sequence as this Appendix A-3.
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20 Functional and Technical Requirements
Ref
#
“A”
Requirement
(R)equired
(D)esirable
“B”
Proposer
Response
“C”
Detailed Explanation
General Features
G1 A complete operational picture of real-time
data points and video feeds
R
G2 Calculations of internet bandwidth
requirements to support real-time data
feeds into proposed system
R
G3 If hosted in the cloud, list proposed cloud
provider and speed of cloud connection,
physical locations, redundant paths,
configuration and data backup workflow
R
G4 Provide a visual map of the City of
Fremont
R
G5 Provide a map of public safety resources
offering solutions with a variety of thirdparty applications to include but not limited to:
- Various Video Management
Systems (VMS) to include
Milestone, PIPS/Neology
- Configurations with various
network camera models
- Automated Vehicle Locators (AVL)
and GPS
- Automated License Plate Reader
(ALPR) data via Northern California
Regional Intelligence Center
(NCRIC)
- Tiburon CAD/RMS
R
G6 Ability to combine multiple data/video
feeds into a view to display on video wall
R
G7 Recommendation of video wall vendor and
associated equipment to be compatible
with proposed system
D
G8 Ability to “drag and drop” data/views from
maps, camera views, search results,
tables, documents, etc.
D
G9 Integration of structured and
unstructured data
R
G10 Customizable dashboard to include
multiple visualizations, filtering, linking,
and editing
R
G11 Provide auto-refresh of CAD calls for
service
R
G12 Provide visual alert to operator when a
priority 1 call arrives in queue
D
G13 Real-time alert capabilities based on
keywords, criteria
R
G14 Capable of alerts when records are
modified/updated
D
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21 Ref
#
“A”
Requirement
(R)equired
(D)esirable
“B”
Proposer
Response
“C”
Detailed Explanation
G15 Capable of alerts when other users search
on same criteria (i.e., deconfliction)
D
G16 Receive real-time alerts via SMS/MMS or
email
D
G17 Provide alert when CAD call falls within
the viewshed of camera
D
G18 Ability to pop-up/highlight a specific
camera when a CAD call falls within the
viewshed of that camera
D
G19 Ability to automatically move a network
PTZ camera to a predesignated location
based on the geographic location of a CAD
call
D
G20 Ability to import, display and conduct
analysis of tabular and relational data.
R
G21 Ability to import and display location
information based on latitude/longitude,
URL or API
R
G22 Ability to perform federated searches of
internal data and third-party sources
R
G23 Ability to delete/purge data once it has
been removed from original data system
R
G24 Supports both scheduled and ad hoc data
refresh methods
R
G25 Perform wildcard search, geo-search,
soundex search
R
G26 Ability to use multiple operators in search
(and, or, contains
D
G27 Use of data filters for multiple criteria R
G28 Ability to save searches for consistent use D
G29 Ability to save searches with multiple
users/teams
D
G30 Ability to share search queries and results
with other users
D
G31 Ability to develop and import additional
data set layers from multiple file types
R
G32 Ability to draw a geo-fence using a shape
tool for easily configurable alerts
D
G33 Ability to easily turn live layers off/on for
different visualization schema.
D
G34 Provide automated report tools to create
standardized reports
R
G35 Capable of historical “rewind” feature to
reconstruct events for 15 days
D
G36 Feature of “breadcrumbs” to provide
operator the ability to document steps
taken to reach conclusive action
D
G37 Ability to use multiple operators in search
(and, or, contains
R
G38 Use of data filters for multiple criteria R
G39 Ability to develop and import additional
data set layers from multiple file types
R
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22 Ref
#
“A”
Requirement
(R)equired
(D)esirable
“B”
Proposer
Response
“C”
Detailed Explanation
G40 Ability to draw a geo-fence using a shape
tool for easily configurable alerts
R
G41 Ability to easily turn live layers off/on for
different visualization schema.
R
G42 Provide concurrent access via multiple
licenses to end-users
R
G43 Ability to share and annotate
visualizations, dashboards and reports
R
G44 Allow a team of users to share customized
dashboards, queries, reports
R
G45 Allow a team of users to securely
collaborate on projects and investigations
R
G46 Ability to seamlessly display on various
mobile devices including iOS and Android
platforms.
R
G47 Meet CJIS and CA DOJ security
requirements
R
G48 Meet security requirements outlined under
Federal Information Processing Standards
(140-2)
R
G49 Use a minimum of 256-bit AES encryption
to protect secure and sensitive information
R
G50 Ability to support two-factor
authentication and single sign-on capable
of audit logs for creation and modification
of records
R
G51 Authenticate reason for users to query for
information to include ALPR data
D
G52 Supports Office 365, PowerBI and SSRS
2019
R
G53 Runs on Microsoft SQL server 2019 R
G54 Windows Server 2019 R2 operating
system
R
G55 Supports ODBC, API, flat file connections
to data sources
R
G56 Provides API for data access/extraction
from outside applications
R
G57 Provides search capability over data
sources, visualizations, reports,
dashboards
R
G58 Consume existing City of Fremont ArcGIS
services
R
G59 Host operating system requirements R
G60 In-memory data storage R
G61 Ongoing Customer Support and Service
Level Agreement
R
G62 Vendor to provide, install and configure all
necessary servers for a highly available
architecture
R
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23 Ref
#
“A”
Requirement
(R)equired
(D)esirable
“B”
Proposer
Response
“C”
Detailed Explanation
G63 Evergreen software: Upgrades and
updates continually available without
additional costs. This shall also include
regulatory updates mandated by State or
Federal agencies.
R
G64 Experience integrating with external
applications. Describe typical
interfaces/integration technologies and
approach (flat file transfer, web service,
APIs, etc.).
R
G65 System database schema will be made
available to ITS (if necessary, ITS can
enter into an NDA).
R
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CONFLICT OF INTEREST AND COLLUSION STATEMENT
(Signed copy must be submitted with Proposal)
Conflict of Interest
Each vendor must disclose any existing or potential conflict of interest relative to the performance of the contractual services as a result of this RFP/RFQ/Bid. Any such relationship that might be perceived as or represent a conflict should be disclosed. By submitting proposal in response to this RFP/Bid, vendors affirm that they have not given, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor or service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the disqualification of a vendor’s proposal. An award will not be made where a conflict of interest exists. The City will determine if a conflict of interest exists and whether it may reflect negatively on the City’s selection of a vendor. The City reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest.
Collusion
This is to certify that the undersigned proposer has neither directly nor indirectly entered into an agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this proposal submitted this date to the City of Fremont.
All terms and conditions of this Request for Proposal have been thoroughly examined and are understood.
NAME OF PROPOSER:
AUTHORIZED REPRESENTATIVE:
Signature
Printed Name
Title
ADDRESS:
DATE SIGNED:
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25 TECHNOLOGY SERVICE AGREEMENT
REAL TIME DATA VISUALIZATION PLATFORM
This Technology Service Agreement (hereinafter “Agreement”) is made and entered into by and between the CITY OF FREMONT, a municipal corporation (hereinafter "City"), and [***INSERT***name of business and description of legal entity, i.e. LLC, Partnership, Corporation, etc.]______________________, (hereinafter "Consultant”).
City and Consultant may be collectively referred to herein as the “parties.”
RECITALS
A. City requested a proposal from Consultant to perform the services generally including: [***INSERT***describe services]________________ B. In response to the City’s request, Consultant submitted a proposal, and, after negotiations, Consultant agreed to perform the services more particularly described on Exhibit “A,” in return for the compensation described in this Agreement and Exhibit “B.”
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Definitions
“Documentation” means technical manuals, training manuals, user guides, and workbooks, as updated and amended from time to time, provided by Consultant to assist Customer with the use of Software.
“Initial Constructive Use” Initial constructive use the earliest point in time where all Software delivered under the terms of this agreement is installed on City systems and is sufficiently free of errors for the City to use it to conduct the ordinary business for which it is intended.
“Cloud-Hosted Service” means the solution is designed from the ground up for cloud and is a multi-tenant cloud environment. In addition, Consultant owns, provides and oversees infrastructure, software and administrative tasks and makes its [product name] system available to City over the Internet using a standard web browser. The CloudHosted Service includes the software and network capacity as well as the equipment used to support operations including storage, hardware, servers and networking components.
The infrastructure in the cloud-hosted environment is properly secured through multiple physical, procedural and technical safeguards to segregate and protect City’s data. “Software” means all or any portion of the global version of the binary computer software programs and updates and enhancements thereto, (including corresponding source code, unless specifically excluded herein) and Documentation delivered by Consultant to Customer. Software includes the third-party software delivered by Consultant as specified in the Schedule, and City of Fremont Bid RFP 21-008
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26 modifications made to the Software. Software does not include source code to third party software. Unless specifically stated otherwise, all Software is delivered to Customer only if and when generally commercially available.
2. SCOPE OF SERVICES. Consultant shall perform the services described in Exhibit “A,” attached hereto and incorporated herein by reference, in accordance with the terms and conditions contained in this Agreement.
3. TIME FOR PERFORMANCE. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall commence performance, and shall complete all required services no later than the dates set forth in Exhibit “A.” Any services for which times for performance are not specified in this Agreement shall be commenced and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. Consultant shall submit all requests for extensions of time to the City in writing no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due.
4. CLOUD-HOSTED SERVICE.
4(A). Right to Use the Cloud-Hosted Service, Software and Documentation. In consideration of all obligations of City hereunder, including, without limitation, the payment by City of any applicable fees, Consultant hereby grants to City, during the term of this Agreement, a non-exclusive, non-transferable (except as otherwise provided for herein), right and license to access and use the Software and Hosted Service, and to make a reasonable number of copies of and use the Documentation in connection with such use of the Cloud-Hosted Service.
4(B). Use Restrictions. City shall not: (i) access and/or use the Software or Hosted Service in order to design, create or build a service or product that is competitive with the Software or Cloud-Hosted Service, or which uses ideas, features or functions that are similar to the Software or Cloud-Hosted Service; (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software or Cloud-Hosted Service, except as expressly permitted herein; (iii) modify or make derivative works based upon the Software or Cloud-Hosted Service or any part thereof, or directly or indirectly disassemble, decompile, or otherwise reverse engineer the Software or Cloud-Hosted Service or any portion thereof. 4(C). Proprietary Rights. The Software and Cloud-Hosted Service, including all intellectual property rights therein and thereto, and any modification thereof, are and shall remain the exclusive property of Consultant and its licensors. City shall not take any action that jeopardizes the proprietary rights of Consultant or its licensors or acquire any right in the Software or Cloud-Hosted Service except the limited rights expressly granted in this Agreement.
4(D). Internet and Telecommunication Connections. City shall be responsible for obtaining any and all Internet and/or telecommunication connections used by City to access the Cloud-Hosted Service. Consultant shall have no responsibility or liability City of Fremont Bid RFP 21-008
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27 for any interruption or delay in accessing or using the Cloud-Hosted Service arising out of such Internet or telecommunications connections. 4(E). Security of Cloud-Hosted Service.
(i) Consultant shall provide the Cloud-Hosted Service on redundant servers on a dedicated server infrastructure in an electronically restricted facility, including protecting the infrastructure from the external environment via firewall systems, at two secure locations in separate counties. (ii) Consultant shall take commercially reasonable precautions to ensure that the Cloud-Hosting Service is secure. Consultant protects sensitive data such as passwords by using a minimum of 256-bit SSL encryption.
As the Consultant hosting environment evolves with new technologies, Consultant will use reasonable commercial efforts to maintain an equivalent or better level of security of City Content. (iii) Consultant will notify City of any known breach of its security related to areas, locations, or computer systems that contain City Content in a timely manner following such breach and take any necessary remedial actions at its sole cost and expense.
4(F). City Content.
(i) City shall provide City Content for inclusion in the Software. City is responsible for the quality of the City Content provided. Consultant is responsible for the quality of the display or use of the City Content provided for inclusion in the City database.
(ii) Consultant acknowledges that all data created by City will remain the sole property of the City. Consultant agrees that it shall not at any time sell, assign, transfer, or otherwise make available to or allow use by Consultant, Consultant’s agent, or a third party of City Content. (iii) City shall exclusively own the City Content collected by Consultant in connection with the Hosted Service; provided, however, that City hereby grants to Consultant a non-exclusive limited right and license, without the right to grant or authorize sublicenses, during the term of this Agreement to use and reproduce City Content, solely for the purpose of facilitating the performance of Consultant’s obligations under this Agreement.
(iv) Consultant acknowledges that City is entitled to copy, export, or otherwise duplicate any available City Content at any time (v) Consultant shall, at City’s request, make available City Content within five (5) business days. The database instance must be in a condition and format that allows easy transfer to a similar system.
(vi) In the event this Agreement expires or is terminated, Consultant shall provide City with all City Content within thirty (30) calendar days of such termination or expiration. City Content shall be in dedicated data files suitable for import into commercially available database software (e.g., Microsoft Access or Microsoft SQL). The dedicated data files will be comprised of City Content contained in Consultant’s Hosted Service. The structure of the relational database will be specific to City Content and will not be representative of the proprietary Consultant’s database.
5. PAYMENT.
5(A). Billing. In order to request payment, Consultant shall submit invoices City of Fremont Bid RFP 21-008
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28 to the City identifying the services performed in the billing period, milestones achieved, and the charges therefor (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the Consultant’s billing rates (set forth on Exhibit "B,” attached hereto and incorporated herein by reference). The City shall make monthly payments to Consultant for services which are performed in accordance with this Agreement, to the satisfaction of the City. 5(B). “Not to Exceed” Compensation. The compensation payable to Consultant for the services identified in Exhibit “A” shall not exceed $[***INSERT***]_________. Consultant shall not perform any services beyond the services identified in Exhibit “A” without prior written authorization from the City’s Authorized Representative. If the City’s Authorized Representative provides authorization for additional services, the total compensation to the Consultant under this Agreement shall not exceed $[***INSERT***]___________. 5(C). Consultant’s Failure to Perform. In the event that Consultant performs services which do not comply with the requirements of this Agreement, Consultant shall, upon receipt of written notice from the City, re-perform the services (without additional compensation to the Consultant). If Consultant’s failure to perform in accordance with this Agreement causes damages to the City, Consultant shall reimburse the City for the damages incurred (which may be charged as an offset to Consultant’s payment).
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29 6. AUTHORIZED REPRESENTATIVES.
5(A). Consultant’s Authorized Representative. Consultant understands that, in entering into this Agreement, the City has relied upon Consultant’s ability to perform in accordance with its representations regarding the qualifications of the Consultant (including the qualifications of its Authorized Representative, its personnel, and its sub-consultants, if any) identified in Exhibit “C,” attached hereto and incorporated herein by reference. Therefore, Consultant shall not replace its Authorized Representative, or any of the personnel or sub-consultants identified in Exhibit “C,” without the prior written consent of the City. All services under this Agreement shall be performed by, or under the direct supervision of, Consultant’s Authorized Representative, as identified in Exhibit “C.”
5(B). City’s Authorized Representative. For the performance of services under this Agreement, the Consultant shall take direction from the City’s Authorized Representative: [***INSERT***]______________, unless otherwise designated in writing by the City’s Authorized Representative or the City Manager.
7. INFORMATION AND DOCUMENTATION.
7(A). Information from City. City has made an effort to provide Consultant with all information necessary for Consultant’s performance of services under this Agreement. If Consultant believes additional information is required, Consultant shall promptly notify the City, and the City will provide to Consultant all relevant non-privileged information in City's possession. 7(B). Consultant’s Accounting Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four years. Consultant’s accounting records shall include, at a minimum, all documents which support Consultant’s costs and expenses related to this Agreement, including personnel, sub-consultant invoices and payments, and reimbursable expenses. Consultant’s accounting records shall be made available to City within a reasonable time after City’s request, during normal business hours.
8. RELATIONSHIP BETWEEN THE PARTIES. Consultant is, and at all times shall remain, an independent contractor solely responsible for all acts of its employees, agents, or sub-consultants, including any negligent acts or omissions. Consultant is not City’s agent, and shall have no authority to act on behalf of the City, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Consultant. Consultant is not an officer or employee of City, and Consultant shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement.
9. CONFLICTS OF INTEREST PROHIBITED. Consultant (including its employees, City of Fremont Bid RFP 21-008
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30 agents, and sub-consultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement.
10. NONDISCRIMINATION. Consultant shall comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. Consultant shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, or gender.
11. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement. Consultant shall perform services under this Agreement using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.
12. BUSINESS TAX. The Consultant shall apply for and pay the business tax and registration tax for a business license, in accordance with Fremont Municipal Code Title 5, Chapter 5.05.
13. INSURANCE. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant (including its agents, representatives, sub-consultants, and employees) in connection with the performance of services under this Agreement of the types and in the coverage amounts set forth in Exhibit D entitled “Insurance Requirements”. This Agreement identifies the minimum insurance levels with which Consultant shall comply; however, the minimum insurance levels shall not relieve Consultant of any other performance responsibilities under this Agreement (including the indemnity requirements), and Consultant may carry, at its own expense, any additional insurance it deems necessary or prudent. Concurrently with the execution of this Agreement by the Consultant, and prior to the commencement of any services, the Consultant shall furnish written proof of insurance (certificates and endorsements), in a form acceptable to the City. Consultant shall provide substitute written proof of insurance no later than 30 days prior to the expiration date of any insurance policy required by this Agreement.
14. CONFIDENTIAL INFORMATION.
14(A) The term “Confidential Information” shall mean any and all information which is disclosed by either party (“Owner”) to the other (“Recipient”) verbally, electronically, visually, or in a written or other tangible form which is either identified or should be reasonably understood to be confidential or proprietary. Confidential Information includes, but is not limited to, trade secrets, computer programs, software, documentation, formulas, data, inventions, techniques, City of Fremont Bid RFP 21-008
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31 marketing plans, strategies, forecasts, customer lists, employee information, financial information, confidential information concerning Owner’s business, as Owner has conducted it or as it may conduct itself in the future, confidential information concerning any of Owner’s past, current, or possible future products or manufacturing or operational methods, including information about Owner’s research, development, engineering, purchasing, manufacturing, accounting, marketing, selling or leasing, and any software (including third party software) provided by Owner. Owner’s Confidential Information shall be treated as strictly confidential by Recipient and shall not be disclosed by Recipient except to those third parties with a need to know and that are operating under a confidentiality agreement with non-disclosure provisions no less restrictive than those set forth herein. This Agreement imposes no obligation upon the parties with respect to Confidential Information which either party can establish by legally sufficient evidence: (a) was in the possession of, or was rightfully known by the Recipient without an obligation to maintain its confidentiality prior to receipt from Owner; (b) is or becomes generally known to the public without violation of this Agreement; (c) is obtained by Recipient in good faith from a third party having the right to disclose it without an obligation on confidentiality; (d) is independently developed by Recipient without the participation of individuals who have had access to the Confidential Information or (e) is required to be disclosed by court order or applicable law, provided prior notice is given to the Owner. The Recipient shall not obtain, by virtue of this Agreement, any rights title or interest in any Confidential Information of the Owner. Within fifteen (15) days after termination of this Agreement, each party shall certify in writing to Owner that all copies of Owner’s Confidential Information in any form, including partial copies, have been destroyed or returned to Owner.
Consultant acknowledges that the CITY is a governmental agency and may be required to release certain information under requests made according to provisions of the Public Records Act.
14(B) Recipient shall protect the deliverables resulting from Services with at least the same degree of care and confidentiality, but not less than a reasonable standard of care, which Recipient utilizes for Recipient’s Confidential Information.
14(C) The terms of this Section 12 shall survive termination of this Agreement.
15. REPORTING DAMAGES. If any damage (including death, personal injury or property damage) occurs in connection with the performance of this Agreement, Consultant shall immediately notify the City Risk Manager’s office by telephone at 510-284-4050, and Consultant shall promptly submit to the City’s Risk Manager and the City’s Authorized Representative, a written report (in a form acceptable to the City) with the following information: (a) name and address of the injured or deceased person(s), (b) name and address of witnesses, (c) name City of Fremont Bid RFP 21-008
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32 and address of Consultant's insurance company, and (d) a detailed description of the damage and whether any City property was involved.
16. INDEMNIFICATION.
16(A) Consultant shall indemnify, hold harmless, and defend the City (including its elected officials, officers, agents and employees) from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney’s fees) resulting or arising from performance, or failure to perform, under this Agreement. 16(B) Copyright and Patent Indemnification. Claims which trigger Consultant’s responsibility under Section 14 shall include any claims that the software resulting from the provision of Services pursuant to the attached Exhibit A Scope of Services infringe any patent, copyright, or accidental or intentional violation of a trade secret or other intellectual property of a third party not included in this Agreement. Consultant shall, in its reasonable judgment and at its option and expense: (i) obtain for the City the right to continue using the Software; or (ii) replace or modify the Software so that it becomes non-infringing while giving equivalent performance. Consultant shall not have any liability for a claim alleging that any Software infringes a patent or copyright if the alleged infringement was developed based on information furnished by the City or if the alleged infringement is the result of a modification made by the City.
17. LIMITED WARRANTY.
17(A) Consultant warrants that it has title to the Software and/or the authority to grant licenses to use the Software.
17(B) Consultant warrants that the Software will perform substantially in accordance with the Documentation for a period of one year from the date of initial installation and that the Software media is free from material defects.
Consultant does not warrant that the Software is error-free. 17(C)Consultant's sole obligation with respect to its limited warranty is limited to repair or replacement of the defective Software, provided Licensee notifies Consultant of the deficiency within the one-year period and provided Licensee has installed all Software updates provided pursuant to Consultant's Support Services.
Each Software application shall operate in accordance with the Documentation with respect to date calculations before, during, and after the Year 2000 in that it will correctly address and operate accurately: (1) the change of the century in a standard compliant manner, including both the Year 2000 and beyond; (2) the existence and absence of leap years; and (3) date related operations. Compliance means that the Software operates and correctly processes in a manner that: (i) calculations using dates execute utilizing a four digit year; (ii) the Software functionality, including but not limited to, entry, inquiry, maintenance and update (whether on-line, batch or otherwise) supports four digit year processing; (iii) successful transition to the Year 2000 using the correct system date occurs without human intervention; City of Fremont Bid RFP 21-008
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33 (iv) after the transition to the Year 2000, processing with a four digit year shall occur without human intervention; (v) all leap years shall be calculated correctly; and (vi) correct results shall be produced in forward and backward date calculation spanning century boundaries (there are no years stored as two digits).
17(D) Consultant warrants that to the best of its knowledge, information, and belief, the Software does not contain any known viruses, back-doors or time bombs, (or similar malicious code), or undocumented security codes that could prevent Licensee’ s perpetual use of the Software. 17(E) CONSULTANT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
18. TERM OF THE AGREEMENT. The term of this Agreement shall commence on the date last signed by the parties, below, and shall continue until completion of all services in accordance with the timing requirements set forth in Exhibit “A” and paragraph 2 of this Agreement. This Agreement may be terminated by the City without cause upon fifteen (15) days written notice to Consultant. If the City exercises its right to terminate this Agreement in accordance with this paragraph, the City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, through and including the date of termination, but not to exceed the payments according to the rates specified in Exhibit “B” or the maximum amount authorized under paragraph 3 of this Agreement.
19. DEFAULT. If either party (“demanding party”) has a good faith belief that the other party (“defaulting party”) is not complying with the terms of this Agreement, the demanding party shall give written notice of the default (with reasonable specificity) to the defaulting party, and demand the default to be cured within ten days of the notice. If: (a) the defaulting party fails to cure the default within ten days of the notice, or, (b) if more than ten days are reasonably required to cure the default and the defaulting party fails to give adequate written assurance of due performance within ten days of the notice, then (c) the demanding party may terminate this Agreement upon written notice to the defaulting party.
20. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section.
Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party’s Authorized Representative, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party.
TO: City To: Consultant
Attn: [***INSERT***]__ Attn:[***INSERT***]_
__________________________ _________________________
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34 __________________________ _________________________ __________________________ _________________________
__________________________ _________________________
21. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.
22. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.
23. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.
24. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.
25. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated, without the written consent of the City. Any attempt to assign or delegate this Agreement without the written consent of the City shall be void and of no force or effect. A consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.
26. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.
27. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
28. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.
29. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, City of Fremont Bid RFP 21-008
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35 whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.
30. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.
CITY OF FREMONT CONSULTANT[see selection below]
[***INSERT***]
____________________________ ____________________________ By: By: [***INSERT***] By: [***INSERT***]
Title: [***INSERT***]______________ Title: [***INSERT***]______________ Date: [***INSERT***]______________ Date: [***INSERT***]______________ APPROVED AS TO FORM:
____________________________
By: ____________________________
Title: City Attorney
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36 [PLEASE SELECT THE APPROPRIATE SIGNATURE BLOCK FROM THE FOLLOWING SAMPLES]
CORPORATIONS
XYZ Land Development Inc.,
a California corporation
By: __________________
Its: __________________
[needs to be officer from the operations side:
President, CEO, Vice President]
By: ___________________
Its: ______________________
[needs to be officer from the finance side: Treasurer, CFO, Secretary] One corporate signature is acceptable if the person is an officer if the signature is notarized (although we would like you to ask for a corporate resolution showing that person is authorized to sign). A single signature where the person is not a corporate officer – e.g. general manager, etc. – must be supported by a corporate resolution indicating that person has been delegated authority to sign contracts on behalf of the corporation
GENERAL PARTNERSHIPS
XYZ Land Development,
a California general partnership
By: _____________________
Its: General Partner
LIMITED PARTNERSHIPS
XYZ Land Development, LLP,
A California limited partnership
By: _______________________
Its: General Partner
[need limited partnership agreement or certificate filed with state showing the person or City of Fremont Bid RFP 21-008
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37 entity is the general partner]
In many cases the general partner will be a corporation so the signature block would look like this:
XYZ Land Development, LP,
A California limited partnership
By: ABC Developers, Inc.,
a California corporation
Its: General Partner
By: ____________________
Its: President, CEO, VP
By: ________________________
Its: Secretary, Treasurer, CFO
LIMITED LIABILITY COMPANY
XYZ Land Development, LLC,
a California Limited Liability Company
By: ______________________
Its: Managing Member
[need to see the operating agreement or certificate filed with secretary of state showing the person or entity is the managing member]
If the Managing Member is not an individual but is a business entity, then you would indent the signature block for the appropriate persons to sign as in the example for the limited partnership above.
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38 EXHIBIT D
INSURANCE REQUIREMENTS
Professional
Consultant’s performance of the services under this agreement shall not commence until Consultant shall have obtained all insurance required under this Exhibit and such insurance shall have been reviewed and approved by the Risk Manager. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for alleged injuries to persons or damages to property which may arise from or in connection with the performance of the services by the Consultant, the Consultant’s agents, representatives, employees and subcontractors. Required professional liability insurance shall be maintained at the level specified herein for the duration of this agreement and any extension thereof and for twelve additional months following the agreement termination or expiration.
INSURANCE COVERAGE AND LIMITS RESTRICTIONS
1. 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.
2. 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 Fremont before the City of Fremont’s own insurance or selfinsurance shall be called upon to protect it as a named insured.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Blanket contractual liability
b. Broad form property coverage
c. Personal injury
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance.
4. Professional Liability insurance
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39 5. Cyber Liability insurance:
a. Third Party Liability coverage:
i. Privacy liability covering loss in the event of Consultant’s failure to protect City’s data.
ii. Network security liability in the event of any failure of network security including unauthorized access or
unauthorized use of the City’s data.
iii. Internet media liability covering infringement of copyright or trademark, invasion of privacy, libel, slander, plagiarism or negligence.
b. First Party Liability coverage:
i. Cyber extortion monies and associated expenses arising out of a criminal threat to release City’s data.
ii. Digital asset loss for costs incurred to replace, restore or recollect data that has been corrupted or destroyed as a result of a network security failure.
iii. Business interruption to cover loss of income and extra expense arising out of an interruption of network service due to an attack on Consultant’s network.
iv. Notification and crisis management covering expenses in the event of a data breach including a third party computer forensics team, notifying users whose personal information was breached, credit monitoring, and third party identity restoration services.
6. Such other insurance coverages and limits as may be required by the City of Fremont.
B. MINIMUM LIMITS OF INSURANCE
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and a $2,000,000 aggregate. If Commercial General Liability insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this agreement or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Professional Liability insurance: $2,000,000.
5. Cyber Liability insurance: $2,000,000.
6. Such other insurance coverages and limits as may be required by the City of Fremont.
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
1. Any deductibles or self-insured retentions must be declared to and City of Fremont Bid RFP 21-008
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40 approved by the City of Fremont. At the option of the City of Fremont, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City of Fremont, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.
2. 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 of Fremont.
3. The City of Fremont reserves the right to obtain a full certified copy of any insurance policy and endorsement. Failure to exercise this right shall not constitute a waiver of right to exercise later.
D. ADDITIONAL INSURED REQUIREMENTS:
1. The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions:
a. The City of Fremont, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects alleged: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant.
The coverage shall contain no special limitations on the scope of protection afforded to the City of Fremont, its officers, officials, employees, agents or volunteers.
b. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Fremont, its officers, officials, employees, agents or volunteers.
c. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer’s liability.
d. Consultant shall furnish properly executed Certificates of Insurance from insurance companies acceptable to the City of Fremont and signed copies of the specified endorsements for each policy prior to commencement of work under this agreement. Such
documentation shall clearly evidence all coverages required above including specific evidence of separate endorsements naming the City of Fremont and shall provide that such insurance shall not be materially changed, terminated or allowed to expire except after 30 days prior written notice by certified mail, return receipt requested, has been filed with the City Clerk.
Such insurance shall be maintained from the time work first commences until completion of the work under this agreement.
Consultant shall replace such certificates for policies expiring prior to completion of work under this agreement.
E. ACCEPTABILITY OF INSURERS
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41 Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.
F. COMPLETED OPERATIONS
Consultant 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 the Consultant fails to obtain or maintain completed operations coverage as required by this agreement, the City of Fremont at its sole discretion may purchase the coverage required and the cost will be paid by the Consultant.
G. CROSS-LIABILITY
The Liability policy shall include a cross-liability or severability of interest endorsement.
H. FAILURE TO MAINTAIN INSURANCE COVERAGE
If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to this agreement, the same shall be deemed a material breach of contract. The City of Fremont, at its sole option, may terminate this agreement and obtain damages from the Consultant resulting from said breach. Alternatively, the City of Fremont may purchase such required insurance coverage, and without further notice to Consultant, the City of Fremont may deduct from sums due to Consultant any premium costs advanced by the City of Fremont for such insurance.
I. PRIMARY AND NON-CONTRIBUTORY
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City of Fremont, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Fremont, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
The additional insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Fremont’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
J. SUBCONTRACTORS
Consultant shall require all sub-consultants to maintain the same levels of insurance and provide the same indemnity that the Consultant is required to provide under this Agreement. A sub-consultant is anyone who is under contract with the Consultant or any of its sub-consultants to perform work contemplated by this Agreement. The Consultant shall require all subconsultants to provide evidence of valid insurance and the required endorsements prior to the commencement of any work.
K. SUBROGATION WAIVER
Consultant agrees to waive subrogation rights against City of Fremont City of Fremont Bid RFP 21-008
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ATTACHMENT A 280
CITY OF FREMONT – REQUEST FOR PROPOSALS RFP#21-008
REAL TIME DATA VISUALIZATION PLATFORM
42 regardless of the applicability of any insurance proceeds, and to require all Consultants, subcontractors or others involved in any way with the services to do likewise.
L. VERIFICATION OF COVERAGE
Consultant shall furnish the City of Fremont with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All endorsements are to be received and approved by the City of Fremont before the services commence.
City of Fremont Bid RFP 21-008
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ATTACHMENT A 281
Question and Answers for Bid #RFP 21-008 - POLICE DEPARTMENT REAL TIME DATA
VISUALIZATION PLATFORM
Overall Bid Questions
There are no questions associated with this bid.
Question Deadline: Sep 1, 2020 3:00:00 PM PDT
City of Fremont Bid RFP 21-008
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ATTACHMENT A 282
1 TECHNOLOGY SERVICE AGREEMENT
REAL TIME DATA VISUALIZATION PLATFORM
This Technology Service Agreement (hereinafter “Agreement”) is made and entered into by and between the CITY OF FREMONT, a municipal corporation (hereinafter "City"), and PEREGRINE TECHNOLOGIES, INC, (hereinafter "Consultant”). City and Consultant may be collectively referred to herein as the “parties.”
RECITALS
A. City requested a proposal from Consultant to perform the services generally including: Deployment and support of a real time data visualization platform.
B. In response to the City’s request, Consultant submitted a proposal, and, after negotiations, Consultant agreed to perform the services more particularly described on Exhibit “A,” in return for the compensation described in this Agreement and Exhibit “B.”
C. Definitions
“Documentation” means technical manuals, training manuals, user guides, and workbooks, as updated and amended from time to time, provided by Consultant to assist Customer with the use of Software.
“Initial Constructive Use” Initial constructive use the earliest point in time where all Software delivered under the terms of this agreement is installed on City systems and is sufficiently free of errors for the City to use it to conduct the ordinary business for which it is intended.
“Cloud-Hosted Service” means the solution is designed from the ground up for cloud and is a multi-tenant cloud environment. In addition, Consultant owns, provides and oversees infrastructure, software and administrative tasks and makes its service available to City over the Internet using a standard web browser. The Cloud- Hosted Service includes the software and Consultant’s network capacity as well as the equipment used by Consultant to support operations including storage, hardware, servers and networking components. The infrastructure in the cloudhosted environment is secured through multiple industry-standard physical, procedural and technical safeguards to segregate and protect City’s data. “Software” means all or any portion of the global version of the binary computer software programs and updates and enhancements thereto, (including corresponding source code, unless specifically excluded herein) and Documentation delivered by Consultant to Customer. Software includes the third-party software delivered by Consultant as specified in the Schedule, and modifications made to the Software. Software does not include source code to third party software. Unless specifically stated otherwise, all Software is delivered to Customer only if and when DocuSign Envelope ID: C0F45ACA-9424-4EC6-9D53-D3B6A4C47D44
ATTACHMENT A
21-0113
283
CITY OF FREMONT – TECHNOLOGY SERVICE AGREEMENT
REAL TIME DATA VISUALIZATION PLATFORM
2 generally commercially available.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. Consultant shall perform the services described in Exhibit “A,” attached hereto and incorporated herein by reference, in accordance with the terms and conditions contained in this Agreement.
2. TIME FOR PERFORMANCE. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement.
Consultant shall commence performance and shall complete all required services no later than the dates set forth in Exhibit “A” (subject to any delays caused by the City or force majeure of events). Any services for which times for performance are not specified in this Agreement shall be commenced and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to and agreed to by the Consultant. Consultant shall submit all requests for extensions of time to the City in writing no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due.
3. CLOUD-HOSTED SERVICE.
3(A). Right to Use the Cloud-Hosted Service, Software and Documentation. In consideration of all obligations of City hereunder, including, without limitation, the payment by City of any applicable fees, Consultant hereby grants to City, during the term of this Agreement, a non-exclusive, non-transferable (except as otherwise provided for herein), right and license to access and use the Software and Hosted Service, and to make a reasonable number of copies of and use the Documentation in connection with such use of the Cloud-Hosted Service. 3(B). Use Restrictions. City shall not: (i) access and/or use the Software or Hosted Service in order to design, create or build a service or product that is competitive with the Software or Cloud-Hosted Service, or which uses ideas, features or functions that are similar to the Software or Cloud-Hosted Service; (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software or Cloud-Hosted Service, except as expressly permitted herein; modify or make derivative works based upon the Software or Cloud-Hosted Service or any part thereof, or directly or indirectly disassemble, decompile, or otherwise reverse engineer the Software or Cloud-Hosted Service or any portion thereof.
3(C). Proprietary Rights. The Software and Cloud-Hosted Service, including all intellectual property rights therein and thereto, and any modification thereof, are and shall remain the exclusive property of Consultant and its licensors. City shall not take any action that jeopardizes the proprietary rights of Consultant or its DocuSign Envelope ID: C0F45ACA-9424-4EC6-9D53-D3B6A4C47D44 ATTACHMENT A 284
CITY OF FREMONT – TECHNOLOGY SERVICE AGREEMENT