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All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in th e amount of the self-insur ed retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Document s. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Co ntract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub- contractors to provide a valid certificate of in surance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent perm itted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said wo rk and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on S eptember 27, 2016, by Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Municipal Utilities department will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKING DAYS. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
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It is further agreed that in case the work called for u nder the contract is not finished and completed in all parts and requirements within the number of days as sp ecified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRA CTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Municipal Utilities department, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall not ify the Director of Municipal Utilit ies department in writing of the causes of delay within five (5) working days from th e beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Municipal Utilities depart ment or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties.
CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordi nances. Contractor shall not discriminate in the employment of persons or in the provision of serv ices under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no pe rson in the United States shall,
on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d ) http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires complianc e with the
requirements of Title VI in all of its
programs and activities regardless of funding source.
b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpo se
of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discri mination and harassment, including sexu al harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure fo r reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Division 2, Part 7, Chapter 1, Article 2, Wages of the Califo
rnia Labor Code shall be considered part of the contract agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=
2.&title=&part=7.&chapter=1.&article=2.
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d. PREVAILING WAGE
CONTRACTOR and an
y subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Co de, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a co py of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for po sting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement w ill not be required. To conform strictly with the provisions of Divisi on 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holi day and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Municipal Utilities department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code. iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
For contracts valued at $100,000 and ab
ove, pursuant to Stockton Municipal Code Section
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employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095.
f. COMMUNITY WORKFORCE TRAINING AGREEMENT
For contracts valued at 1,000,000 and above, pursuant to the impleme ntation of the
Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be requir ed 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 requirem ents 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. g. SANCTIONS
Deliverables must conform with all applicabl e 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.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress cert ificate of the Director of Municipal Utilities department as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Municipal Utilities department of such completion.
9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.
CONTRACTOR shall be the beneficial owner of any secu rities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviatio ns, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract cha nge order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27- 1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-
1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
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Exhibit B:
Insurance Requirements for Construction Contracts
()
Contr
actor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCO
PE AND LIMIT OF INSURANCE
Cover
age shall be at least as broad as:
1. Commerci
al General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Auto
mobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers
’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety
Bonds as described below.
If the
contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-In
sured Retentions
Self
-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by EXHIBIT 1
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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 Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. 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 and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage 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.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
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If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution 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 contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
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.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
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waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
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
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
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 .
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate EXHIBIT 1
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Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
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 circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, _______________________________, a STATE OF CALIFORNIA CORPORATION, as Principal and , a
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of SEVEN HUNDRED FIFTY-FOUR THOUSAND, SEVEN HUNDRED SEVENTEEN AND NO/100 DOLLARS ($7 54,717), in lawf ul money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Sure ty bind themselves, thei r successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
ELECTRICAL UPGRADES OF WATER WELLS NO. SSS #3 AND SSS #9 (PROJECT NO. UH22004)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, ex tension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said EXHIBIT 1
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CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on
APPROVED AS TO SURETY: By:
P R I N C I P A L
S U R E T Y
APPROVED AS TO FORM & CONTENT:
LORI ASUNCION
OFFICE OF THE CITY ATTORNEY
B y :
A T T O R N E Y - I N - F A C T
B y :
ASSISTANT CITY ATTORNEY
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BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, HOWK SYSTEMS, INC. a STATE OF CALIFORNIA CORPORATION, as Principal and , corporation, organized and exis ting under the laws of the State of and duly authorized to transact business unde r the laws of the St ate of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the Stat e of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work cont emplated to be executed or performed under the contract hereinafter mentioned, and all persons, compani es, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or co rporation in the just and full sum of SEVEN HUNDRED FIFTY-FOUR THOUSAND, SEVEN HUNDRED SEVENTEEN AND NO/100 DOLLARS ($7 54,717), in lawf ul money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
ELECTRICAL UPGRADES OF WATER WELLS NO. SSS #3 AND SSS #9 (PROJECT NO. UH22004)
NOW, THEREFORE, if the above bounden Pr incipal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisi ons, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any EXHIBIT 1
ELETRICAL UPGRADES OF WATER WELLS NO. SSS #3 AND SSS #9 PROJECT NO. UH22004
315
such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on .
APPROVED AS TO SURETY: By:
P R I N C I P A L
S U R E T Y
APPROVED AS TO FORM & CONTENT:
LORI ASUNCION
OFFICE OF THE CITY ATTORNEY
By :
A T T O R N E Y - I N - F A C T
B y :
ASSISTANT CITY ATTORNEY
EXHIBIT 1
ELETRICAL UPGRADES OF WATER WELLS NO. SSS #3 AND SSS #9 PROJECT NO. UH22004
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City of Stockton
Legislation Text
File #: 24-0986, Version: 1
APPROVE A MOTION TO AUTHORIZE CONTINUING AN EXISTING LICENSE AGREEMENT
WITH MAGNET FORENSICS
RECOMMENDATION
It is recommended that the City Council approve a motion:
1. Authorizing the City Manager to execute a three-year license agreement with Magnet Forensics, in the amount of $99,315, to continue subscription services provided to the Stockton Police Department.
2. Approving findings in support of an exception to the competitive bidding requirement pursuant to Stockton Municipal Code Section 3.68.070.
It is also recommended that the City Council authorize the City Manager to take all necessary and appropriate action to carry out the purpose and intent of this motion.
Summary
The Stockon Police Department (SPD) has utilized services provided by Magnet Forensics, LLC, since 2021, primarily using the GrayKey service, to assist in the documentation and collection of evidence in criminal investigations.
The City’s current agreement is set to expire at the end of September. The SPD finds the services offered by Magnet Forensics to be an invaluable benefit in our investigations process and wishes to continue services.
DISCUSSION
Background
The SPD has been successfully utilizing Magnet Forensics products since 2021, with the most extensively used service being their GrayKey unit.
GrayKey has proven to be an essential element of SPD’s digital forensics operations process due to its unique capabilities in extracting critical data from locked and encrypted mobile devices. The GrayKey unit allows for the download of files and documents on locked Android and IOS devices.
The subscription-based license allows the City to receive monthly updates as new user versions and software updates are released by device manufacturers.
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Since 2011, the SPD has participated in a joint Firearms Reductions Consortium (FRC) program with the County and other agencies. A key responsibility of the City includes funding and maintaining appropriate equipment and staff for investigations and related services. As such, the City has been the recipient of the Federal Edward Byrne Memorial, Justice Assistance Grant (JAG) for several years, which is the SPD’s funding source for services provided by Magnet Forensics.
The SPD previously contracted with another entity, Cellebrite, to provide similar services. During a market review in 2021, the SPD discovered that Magnet Forensics was able to provide services not available through other providers, with more consistent service delivery, at a much lower cost. The SPD would like to continue services with Magnet Forensics, which are set to expire at the end of September 2024.
Present Situation
To provide continuity in existing critical services, the City has negotiated a new three-year agreement with Magnet Forensics to continue existing services. (Attachment A) Findings
Pursuant to Stockton Municipal Code (SMC) Section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. The City does not have the technical ability or staffing to perform the services needed.
2. There is a limited market of service providers who perform this type of work with government agencies. Of the vendors available to the SPD, Magnet Forensics provides the most comprehensive service at the best price.
3. The current agreement, as a subscription-based service, allows for extension/renewal if mutually agreed to.
It is recommended that Council approve a motion authorizing the City Manager to execute a three- year license agreement with Magnet Forensics in the amount of $99,315.
FINANCIAL SUMMARY
Funding in the amount of $99,315 is provided through the JAG grant (Resolution #2023-10-17-1602) and has been budgeted in the SPD Special Grant Account. The terms of the proposed agreement with Magnet Forensics are in line with the terms of the current JAG grant funding cycle.
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City of Stockton
Legislation Text
File #: 24-0768, Version: 1
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH CARE SOLACE, INC. TO
PROVIDE SOCIAL AND MENTAL HEALTH CARE COORDINATION SERVICES UTILIZING
FUNDS RECEIVED THROUGH THE NATIONAL OPIOID SETTLEMENT AGREEMENTS
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 to justify and support an exception to the competitive bidding process.
2. Award a Professional Services Agreement to Care Solace, Inc. of Cardiff, CA in the Not-to- Exceed amount of $855,000 for a three-year term to provide social and mental health care coordination services utilizing funds received through the National Opioid Settlement Agreements.
It is also recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion.
Summary
California has joined multiple national lawsuits against manufacturers, distributors, and other entities responsible for aiding the opioid epidemic. As a result, the City of Stockton has received funds from opioid judgments and anticipates receiving funds from future judgments.
By Resolution 2023-11-14-1501, the City Council approved to accept and appropriate all funds allocated to the City of Stockton under the Opioid Settlement Agreement (OSA), and to authorize the City Manager to accept and appropriate all funds allocated to the City under the OSA.
The City intends to contract with Care Solace, Inc (“Contractor”) for a three-year term to utilize a portion of funding received by the City of Stockton under the California Opioid Settlements to provide services to the community. Through this additional strategy that expands usage of OSA funds, the Contractor will serve as a central hub of care for the provision of social and mental health care coordination services to Stockton residents.
DISCUSSION
Background
California has joined multiple national lawsuits against manufacturers, distributors, and other entities responsible for aiding the opioid epidemic. As a result, the City of Stockton began to receive funds City of Stockton Printed on 9/26/2024Page 1 of 5
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from opioid judgments in 2022, and it is anticipated that allocations from future settlements will continue to be received in annual distributions for the next five to twelve years, depending on settlement. Each state’s share of the funding has been determined by agreement among the states using a formula that considers the impact of the opioid crisis on the state - the number of overdose deaths, the number of residents with Substance Use Disorder (SUD), and the number of opioids prescribed - along with population of the state.
Funds allocated to the City of Stockton from California’s opioid settlements are distributed into one of two sub-funds: 1) Abatement Account Funds, to use for future opioid remediation, and 2) California Subdivision Funds, to use for future opioid remediation activities and to reimburse past opioid-related expenses.
California jurisdictions receiving OSA allocations must utilize funds for substance use prevention, intervention, harm reduction, treatment and recovery services in communities. Abatement Accounts funding must be used for responses that qualify under California’sHigh Impact Abatement Activities (HIAA), as defined by the California Department of Health Care Services (DHCS). Within this HIAA List of Opioid Remediation Uses are both “Core Strategies” and “Approved Uses” (Attachment A). In its role as a Plaintiff Subdivision, the City of Stockton must utilize California Subdivision Accounts to fund future opioid remediation projects and reimburse past opioid-related expenses, as well as ensure compliance with annual reporting requirements to DHCS.
Present Situation
In November 2023, City Council adopted Resolution 2023-11-14-1501 (Attachment B) to accept and appropriate all funds allocated to the City under the OSA, to authorize the City Manager to accept and appropriate all funds allocated to the City under the OSA, and to award a Professional Services Agreement to Community Medical Centers (CMC) of Stockton to utilize funds to remediate and provide activities that reduce the effects of the opioid epidemic in communities. The City’s agreement with CMC was the first anticipated initiative for usage of OSA funds, with the intent to explore further allowable uses of funds with additional community partners.
In order to leverage the strategic usage of OSA funds, the City intends to contract with Care Solace, Inc. for a three-year term in the not-to-exceed amount of $855,000. Care Solace will serve as a “Central Hub of Care” to provide social and mental health care coordination services to Stockton residents.
Care Solace provides timely connections to verified mental health providers and local social services, expands on existing programs, and bridges the gaps for needs that exceed the scope of those services. Serving as a coordinated point of entry to mental health and social services, Care Solace supports the entire Stockton ecosystem from first responders to crisis centers, to social workers, to courts and jails, and to all residents. Through a tech-enabled human approach, Care Solace will ensure that individuals receive equitable access to reliable, ethical, and high-quality mental health care, regardless of coverage, including private insurance, Employee Assistance Program (EAP), Medicaid, and sliding scale options for those without insurance. Care Solace’s care coordination will help bridge the gap to behavioral health services for individuals in even the most vulnerable communities.
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Care Solace’s three main proprietary services -Care Loop, Care Match, and Care Companions - will amplify the City’s current initiatives and services while filling gaps and offering insights through its proposed Scope of Services (Attachment C). The Contractor’s Provider Database offers City residents and agencies access to more than 473,000 verified mental health providers, including those offering advanced pathways to care. Providers are geocoded, so an individual can select a local provider for in-person sessions if that is the preference. Selection filters also include language, ethnicity, age, specialization and more. All services are confidential and accessible 24/7/365, can be accessed via phone or internet, and do not require any special equipment or access speed.
This proposed project aligns with DHCS requirements for using opioid abatement funding, as shown in the HIAA / Attachment A:
1. Approved Uses: CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE)
Provide connections to care for people who have - or are at risk of developing - Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder / Mental Health conditions (SUD/MH) through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
i. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. ii. Purchase automated versions of Screening, Brief Intervention, and Referral to Treatment (SBIRT) services and support ongoing costs of the technology. iii. Expand warm hand-off services to transition to recovery services.
Care Solace delivers monthly impact reports including Key Performance Indicators (KPIs) through a variety of data points, as well as live Impact Reporting via an administrative dashboard, allowing the City team secure access to real-time data on community mental health and KPIs. Additional data can be requested, such as client satisfaction and feedback on Care Solace customer services from users who utilize the Care Companion services. Care Solace’s efforts underscore the City’s Strategic Plan by leveraging data analytics to provide transparency and guide evidence-informed decision-making.
Care Solace’s goal is to provide a single interface to mental health services and thereby ensure that communities can easily and equitably access mental health care and wraparound social services, without being limited by resources or fragmentation. It is the only service that aggregates hundreds of thousands of clinical therapy and telehealth resources as well as insurance information into one database, to streamline care coordination and reduce time and attrition in accessing mental health care. As the only U.S.-based mental health care coordination service with proprietary software, a database of more than 473,000 health care providers and warm-handoff processes, the Contractor uniquely qualifies as a Single Available Source for procurement.
Community Medical Centers, as a trusted and informed stakeholder, and as the City’s principal mental and behavioral health partner, will assist in supporting deliverables of ongoing care coordination and services. Examples of collaboration with CMC include initial onboarding meetings, ongoing training sessions, as well as support with situation assessments, identification of appropriate partners, acceptance of QR code Warm Handoffs® and follow-through with client care.
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Mental health affects everyone - nearly half of the population will experience a mental health concern during the course of each lifetime. According to the report, Key Substance Use and Mental Health Indicators in the United States: Results from the 2021 National Survey on Drug Use and Health developed by SAMHSA (Substance Abuse and Mental Health Services Administration):
- In 2021, 18.8 percent of adults aged 18 or older (or 46.5 million people) received any of the following mental health services in the past year: inpatient or outpatient mental health services, prescription medication for a mental health issue, or virtual (i.e. telehealth) services.
According to San Joaquin County Behavioral Health Services (SJBHS):
- About four percent of Americans - across all income, geographic and ethnic backgrounds - live with a chronic, severe and disabling mental illness.
- Approximately 21 percent of adolescents have had a mental health disorder by the age of 18.
Implementation of the Care Solace Central Hub of Care will provide another powerful tool in Stockton’s toolkit to connect residents with licensed behavioral health care providers and social services, and will further efforts to impact mental health and community well-being through a dedicated funding source.
Findings
Pursuant to Stockton Municipal Code section 3.68.070, Council may approve findings which support and justify an exception to the competitive bidding process. The following findings support such an exception:
1. The City lacks the capacity and resources to provide Stockton residents with unlimited access to social and mental health care coordination services through a confidential self-service portal.
2. Use of the Single Available Source procurement is appropriate for this Professional Services Agreement because the Contractor possesses proprietary software, developed and distributed exclusively by Care Solace, Inc., that provides a single interface to social and mental health services.
3. Contractor offers the only full-service mental health care and social services coordination system available to municipalities. The system currently supports over 18 million individuals on the platform, and there is no competitive alternative available on the market which fulfills the same purpose and function.
FINANCIAL SUMMARY
Annual pricing for the City of Stockton is based on a fee of $1.00 per resident/per year. This rate is based on a population of 285,500 residents who are not already covered by Care Solace services through an existing contract with Stockton Unified School District for children and their families (a population of 36,500).
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There is sufficient funding in the Opioid Settlement Agreements revenue accounts to award a Professional Services Agreement (Attachment D) to Care Solace, Inc. in the not-to-exceed amount of $855,000 for a term of three years, to provide social services and mental health care coordination services to Stockton residents. There is no impact to the General Fund or any other non-restricted funds from this action.
Attachment A - Final Settlement Agreement: List of Opioid Remediation Uses Attachment B - Approved Resolution 2023-11-14-1501
Attachment C - Care Solace, Inc. Proposed Scope of Services Attachment D - Care Solace, Inc. Professional Services Agreement City of Stockton Printed on 9/26/2024Page 5 of 5
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EXHIBIT E
List of Opioid Remediation Uses
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core
Strategies”).14
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO
REVERSE OPIOID OVERDOSES
1. Expand training for first responders, schools, community support groups and families; and
2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service.
B. MEDICATION-ASSISTED TREATMENT (“MAT”)
DISTRIBUTION AND OTHER OPIOID-RELATED
TREATMENT
1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and
4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services.
14 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.
ATTACHMENT A
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C. PREGNANT & POSTPARTUM WOMEN
1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder (“OUD”) and other
Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum; and
3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job
placement/training, and childcare.
D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)
1. Expand comprehensive evidence-based and recovery
support for NAS babies;
2. Expand services for better continuum of care with infant- need dyad; and
3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.
E. EXPANSION OF WARM HAND-OFF PROGRAMS AND
RECOVERY SERVICES
1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments;
2. Expand warm hand-off services to transition to recovery services;
3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions;
4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job
placement/training, and childcare; and
5. Hire additional social workers or other behavioral health workers to facilitate expansions above.
ATTACHMENT A
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F. TREATMEN
T FOR INCARCERATED POPULATION
1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and
2. Increase funding for jails to provide treatment to inmates with OUD.
G. PREVENTION PROGRAMS
1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco);
2. Funding for evidence-based prevention programs in
schools;
3. Funding for medical provider education and outreach
regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at
hospitals (academic detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in pre-arrest diversion programs, post-overdose response
teams, or similar strategies that connect at-risk individuals to behavioral health services and supports.
H. EXPANDING SYRINGE SERVICE PROGRAMS
1. Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and treatment of infectious diseases.
I. EVIDENCE-BASED DATA COLLECTION AND
RESEARCH ANALYZING THE EFFECTIVENESS OF THE
ABATEMENT STRATEGIES WITHIN THE STATE
ATTACHMENT A
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Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-inform ed programs
or strategies that may include, but are not limited to, the following:
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDE
R (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:15
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all form
s of Medication-Assisted Treatment (“MAT”)
approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co- occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence- based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma.
7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions.
15 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference
for new or existing programs.
ATTACHMENT A
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8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas.
9. Support workforce development for addiction professionals w ho work with
persons with OUD and any co-occurring SUD/MH conditions.
10. Offer fellowships for addiction m
edicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.
13. Disseminate of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.
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4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved me
diation with other support services.
5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.
6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family.
11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
ATTACHMENT A
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1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.
2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant wome
n who are uninsured or not eligible for
Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
ATTACHMENT A
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14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for trea
tment.
16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);
2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model;
3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;
5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services.
3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions.
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4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are
incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co- occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families.
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5. Provide training to health care providers who work with pregnant or parenting women on best practices for comp
liance with federal requirements that children
born with NAS get referred to appropriate services and receive a plan of safe care.
6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions.
7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.
9. Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training.
10. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that:
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1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-ma
king by increasing the quantity, quality,
or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Funding media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support prevention.
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8. Funding evidence-based prevention programs in schools or evidence-informed school and community education p
rograms and campaigns for students, families,
school employees, school athletic programs, parent-teacher and student associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.
10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.
11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
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7. Public education relating to immunity and Good Sam
aritan laws.
8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:
1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment
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intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatem ent strategy
list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement programs.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.
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4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as im proved
detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/cer
tain/fair models to reduce and deter opioid
misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes.
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Resolution No. 2023-11-14-1501
STOCKTON CITY COUNCIL
RESOLUTION TO APPROVE AGREEMENT WITH COMMUNITY MEDICAL CENTERS
FOR USE OF OPIOID SETTLEMENT FUNDS
California has joined multiple national lawsuits against manufacturers, distributors, and other entities responsible for aiding the opioid epidemic; and As a result, the City of Stockton has received funds from opioid judgments and anticipates receiving funds from future judgments; and
The City of Stockton is scheduled to receive settlement funds through payments based on an allocated percentage of National Opioid Settlement funds directed to the State of California; and
The City intends to contract with Community Medical Centers (CMG) for a three year term to utilize up to $4.5 Million of funding, subject to availability, received by the City of Stockton through the California Opioid Settlements; and In alignment with the California Department of Health Care Services approved uses of funds for High Impact Abatement Activities, CMG will utilize funding to expand the existing Substance Use Disorder (SUD) treatment infrastructure delivered through the CMG Re�pjt� C�nte_r, t9 iricluc1�_ proyidirig�itb_drawal care and residential treatme[ltin a community-based setting for individuals experiencing uncomfortable withdrawal symptoms deemed mild to moderate for sub-acute level of care.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The following findings are made pursuant to Stockton Municipal Code section 3.68.070 to justify and support an exception to the competitive bidding process. a) The City does not have sufficient expertise or staff resources to utilize funds through the National Opioid Settlement with direct activities that prevent and remediate the opioid epidemic.
b) Use of the Single Available Source procurement is appropriate for this Professional Services Contract because the Contractor scope is unique among local entities in providing intermediate "gap coverage" or short term placement for withdrawal to clients in a residential treatment setting.
CMG is exclusive in providing bridge services to address all phases of care with SUD. Additionally, CMC's designation as an FQHC ensures equity of services, and maintains an ongoing quality assurance program.
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c) In utilizing OSA funds, Community Medical Centers will leverage efforts underway provided through the existing Crisis Intervention and Community Well-Being pilot project to expand SUD treatment and will connect clients with aftercare delivery and comprehensive wraparound support.
2. The City Manager is hereby authorized to award a contract to Community Medical Centers of Stockton, providing funding in the Not-to-Exceed amount of up to $4,500,000, subject to availability of funding from the Opioid Settlement Agreements, to utilize for opioid remediation and abatement activities, and attached as Exhibit 1.
3. Authorize the City Manager to accept and appropriate all funds allocated to the City of Stockton under the Opioid Settlement Agreement Funds.
4. Authorize the City Manager to take any and all necessary and appropriate actions to carry out the purpose and intent of this resolution.
PASSED,APPROVED,and ADOPTED -�N�o�v=em�be=r�1�4�,2=0=2=3 __ ELIZA R. GARZA. CMC
City Clerk of the City of Stockton
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ca rerso I ace.
Proposal for Services
Stockton, California
February, 2024
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General Proposed Scope
Care Solace will deliver services to City residents, departments and agencies through the following:
e e
Care Companions provide care coordination for City residents, departments and agencies.
Care Companions assess the situation, find appropriate providers, secure an appointment, and follow through on care.
Care Match is our online tool for self-guided care navigation. This portal/software supports self-guided access to the Care Solace provider network. This is an anonymous search tool that offers the same providers' search capabilities to all City residents and agencies and their families. The link to this software can be made available to residents and agencies on any website or benefit platform.
Care Loop is our proprietary software for case management. The City will define with Care Solace
the select individuals needing access to Care Loop. Workflows will be developed during
the implementation process to maximize impact. Care Solace will provide training and support for all Care Loop users.
Care Solace Provider Database offers City residents and agencies access to more than 473,000 verified mental health providers, including those offering advanced pathways to care. Providers are geo-coded so an individual can select a local provider for in-person sessions if that is their preference. Selection filters also include language, ethnicity, age, specialization, and
more.
Social Services database offers individual access to social services to support all of the social determinants of health.
Client Success Team A dedicated Client Success team will ensure the delivery of services 411. • to City residents and agencies and will provide data and impact reporting to the city team. - I caresolace.org
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Care Loop is a proprietary software through which authorized staff can view and track activities and impacts. The City's designated contacts will see real-time updates on the progress of cases. Care Loop includes an administrative dashboard with live anonymized data on the community's mental health needs and key performance indicators.
Care Companions provide empathetic, personal support that lowers stigma and expedites connection to well-matched care. The team is available by phone, email, video chat, or text 24 hours per day, 7 days per week, 365 days per year, and can coordinate care in over 200 languages. Care Companions are dedicated advocates, helping people looking for treatment every step of the way, finding providers based on needs, making calls to confirm availability and specialties, scheduling appointments, following up to see if appointments are attended, and if Care Solace and provider services have met expectations. If not, they will assist in locating additional providers.
Care Companions will research options based on language, treatment modalities, preferences for cultural identity, religious background, gender of a therapist, or insurance: free, low-cost, or private pay options, and more. Before connecting an individual with a resource, the Care Companion will verify that the provider matches the needs of the individual and will confirm the provider has been through our verification process.
Care Companions are experienced in care coordination and empathetic customer service - supporting individuals in need from diverse cultural and socioeconomic backgrounds - and navigating the mental health and insurance systems. Each Care Companion receives 150 hours of extensive training before supporting Care Solace users. Their initial training and ongoing professional development covers topics including:
mandated reporting; mental health and substance use awareness; pathways of care; cultural and LGBTQIA+ awareness; nuances of mental health and insurance systems; suicidal ideation; and supporting vulnerable populations.
Care Companions will be available and work directly with City agencies, residents and families to connect them with mental health and social services providers. The team is supervised by our licensed mental health team, which manages complex needs and escalated cases.
Care Match is a self-service 24/7 /365 online portal that provides an anonymous way for individuals to find care matched to their needs. Care Solace will create and operate a proprietary custom web link to Care Match, branded for the City, allowing authorized users access to our robust proprietary database of mental health care providers serving all pathways of care. From any cell phone, mobile device, or computer, any individual can confidentially search Care Solace's proprietary database in any language. They will be matched to verified community providers based on their needs and preferences, including mental health concern(s), wait, availability, insurance or financial needs, type of preferred treatment, language, or other preferences for care such as proximity, gender, or cultural identity of a therapist, faith-based services or LGBTQIA+ allied services.
- I caresolace.org
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CfrY OF SlOCK Ofl.l
STAlNDARD AGREEMENT ' Agreeirnen.t Number.
1 _ This Agreement is en ere-cl into-between the City of St ockton ("City ).and Care Solace . Inc.
("Contractor") to provide Beh,av ioral and Menral Keatth Care Cooll\"Jination Services as set for1h in Exhibit A to this Agtee:msnt.
2_ e te�m of this A
greement is as follows. rimless amended as described in Exhlbit A and Exhibrl. C sectfon 8:
Commences on: October 15, 2024 TGrminak;s on: Deoernb€, 31, 2027 3_ The maximum notto exc:eed amount to be patd to Contract or for hi:i w:mi of this Agmeme:nt,
inc
luding if auihorized, reimburseme
nt of (}xpens!Mi, is: $ I 855,000.00 I
4, The
com.ptele: Agreeme
nt eonsi:;,is· of .a!I the following Agreement doGllments wlh.ich by reference are incoJpOral:ecl and made a part
o 1his Agreement The parties agiree to- comply with
·th@ erms an d, concfiliians of this Agre0m!'lnt.
(a) Exhibit A Statement of Work.
{b) Exhibit B - lmrurance
(c) Exhibit C-General TefTTls & Conditions
(d) Exhibit D - P
rofessional Services Spec
ial Terms& . Conditions
·{G) Exhibit E- Campensatia.--. Schooute
(f} Exhibit F
- Timel
h1e
(g) Exhibit G � Special Fu11dk1g Terms & Condrtcon:s AA.PA (If :;,PlJlic.ib'.:: ,;h,x!I: bo«.lYES D
IN WITNESS
WHf;.ftEOF. tbe,aothod,�.-e,d_ ea.rtte�J1_a�e executed this A!g r,eeme �nt._
CONTRACTOR
Anita Wz,rd
, Ghref Gro1Mh Officer
P'fin ed Name and TiUe of P
eraon Signing
120 Birmingham Drive; ste. 200 .• Cardiff,, CA 9200}
CITY OF STOC. KfON,
Harr,i Black, City M
anager
ATIEST:
Katherine Roland, CMC. Interim City Clerk
APPRO\liED AS TO FOR
M;
Lari M_ .Asuncio n, City Attorney
BY:
{Rt,v. t0.27.22}
Date
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(Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 The City of Stockton (“City”) is contracting with Care Solace, Inc. (“Contractor”) for a three-year term commencing October 15, 2024, to utilize Eight Hundred Fifty Five Thousand Dollars ($855,000) (hereafter the “not to exceed amount”) of National Opioid Settlement Agreements (OSA) funds to serve as a Central Hub of Care, for the provision of Social Services and Mental Health Care Coordination Services to Stockton residents and employees as authorized users of the Services.
2. Project Scope
2.1 2.2
2.3 2.4
2.5 Contractor will serve as a coordinated point of entry to mental health and social services, supporting the entire city ecosystem including first responders, crisis centers, social workers, courts/jails, and all residents.
Contractor will provide timely connections to verified mental health providers and city social services, expand on existing programs, and bridge the gaps for needs that exceed the scope of those services.
Contractor will ensure that all individuals receive equitable access to reliable, ethical, and high-quality mental health care, regardless of coverage.
Contractor will ensure all services are confidential and are accessible 24 hours per day, 7 days per week, 365 days per year via phone or Internet with no required equipment or access speed.
Contractor will ensure ongoing care c
oordination with Community
Medical Centers (CMC), which, through its role as the City’s principal mental and behavioral health partner, will assist in supporting deliverables of ongoing care coordination through partnership. (See “Exhibit F – Timeline” for Ongoing Support and Care Coordination.) Examples of collaboration with CMC include initial onboarding, training sessions, situation assessment, identification of appropriate partners, acceptance of QR code Warm Handoffs® and follow-through on care.
Contractor will provide CMC with data and reporting, as directed by City of Stockton.
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(Rev. 10.30.18)
3. Major Deliverables
3.1 Contractor’s three main proprietary services – Care Companions, Care Match, Care Loop Powered by Care Solace®– will amplify the City’s current initiatives and services, while filling gaps and offering insights.
3.2 Care Companions will provide care coordination for City residents, departments and agencies.
3.3 Care Match online portal Software will support self-guided care navigation and access to the Contractor-provided network, serving all pathways of care.
3.4 Care Loop proprietary Software will be utilized for case management.
3.5 Activate Contractor’s Provider Database for City residents and agencies to access mental health providers, and filter selections by language, ethnicity, age, specialization and more.
3.6 Activate Social Services database for individuals to access social services in support of all the social determinants of health.
3.7 Client Success Team (“Team”) will ensure the delivery of services to Stockton residents and agencies. Team will provide data and impact reporting to the City of Stockton.
3.8 Contractor will provide regular reports, as outlined in Section 4.4 of “Tasks That Support the Deliverables”, that support data delivery objectives of the City’s Office of Performance and Data Analytics (OPDA) and demonstrate transparency.
4. Tasks That Support the Deliverables
4.1 Care Companions will provide care through these tasks:
4.1.1 Assess the situation
4.1.2 Find appropriate providers
4.1.3 Secure an appointment
4.1.4 Follow through on care
4.2 Care Match anonymous search tool will manage services through these tasks:
4.2.1 Create and operate a Care Solace proprietary custom web link to Care Match for the City.
4.2.2 With City’s prior review and express written permission, co-brand with the City’s logo.
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(Rev. 10.30.18)
4.2.3 Make Care Match available to residents and agencies on any website or benefit platform for access to health care providers.
4.3 Through its Care Loop proprietary software, Contractor will manage these tasks:
4.3.1 City will define with Contractor the select individuals needing access to Care Loop.
4.3.2 Develop workflows during implementation process to maximize impact.
4.3.3 Provide training and support for all Care Loop users.
4.4 Regular data and performance reports will be furnished to the City, including but not limited to:
4.4.1 Monthly impact reports that include key performance indicators (KPIs) on total utilization, number of users, total communications, confirmed appointments, type of needs,
anonymous searches, referrals from staff, insurance
pathways utilized for services, and the primary community- based mental health services with which people are
connecting.
4.4.2 Live Impact Reporting via an administrative dashboard through secure login access to Care Loop, giving City’s team and designated users access to real-time data on
community mental health and KPIs such as total utilization, number of users, total communications, confirmed
appointments, type of needs, anonymous searches, Warm
Handoff referrals, insurance pathways utilized, as well as number of individuals who decline services or are
unreachable, individual time saved, and communications
breakdown by time of day.
4.4.3 Additional data requests may be made by the City - such as data patterns, satisfaction with providers, feedback on Contractor’s customer services - to assist with informing implementation plans, staff trainings, school programming and community outreach. All data contained in Impact
Reporting is anonymized and does not contain personally identifiable information of individual users.
5. Criteria of Acceptance for Deliverables
5.1 Contractor’s robust proprietary database of community health partners is continuously updated by Provider Research and Development Team to ensure it contains extensive options and the most recent information on providers.
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(Rev. 10.30.18)
5.2 Contractor maintains high standards for verifying and including providers in its database. For an individual provider to be listed in the database, the person must be a licensed, master’s level clinician.
5.3 Verification process includes confirmation of these criteria:
5.3.1 Provider or facility possesses a current and active professional state license authorizing the practice of the type of services being provided.
5.3.2 Professional state license is in good standing.
5.3.3 Individual provider or facility does not appear on the current State or Federal Office of Inspector General’s List of
Excluded Individuals/Entities.
5.3.4 Location, specialties, phone number, and accepted insurances are also confirmed.
5.4 Contractor shall not be liable for the quality of care provided by providers; such liability shall be with the provider as related to services between the resident or employee and the provider.
6. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Care Solace, Inc. City: City of Stockton
Attn: Chad Castruita Attn: City Manager
120 Birmingham Dr., Ste. 200 425 N. El Dorado Street
Cardiff, CA 92007 Stockton, CA 95202
[email protected]
7. Key Personnel
Anita Ward, Chief Growth Officer, Care Solace, Inc.
Phone: (213) 880-1238
Email: [email protected]
8. Option to Renew.
The term of the Agreement may be extended for up to two one-year renewals by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed 5 years.
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(Rev. 10.30.18)
9. Contractor’s Terms and Conditions.
9.1 Contractor’s Care Companions and social services coordinators are not licensed mental health or social services professionals and do not diagnose, assess or evaluate.
No provider-patient relationship is formed by provision of services by a Care Companion. No professional, fiduciary, or other special legal relationship is formed by a Care Companion’s or social services coordinator's provision of services. The Care Companions and social services coordinators are not a crisis response team.
9.2. The City expressly understands and agrees that prior to providing the contact or other information to Care Solace of a resident in need of mental health services as part of the Warm Handoff® process, the City employee making the Warm Handoff® must first obtain consent from the resident to provide the resident’s contact or other information to Contractor.
9.3 In instances which may involve a covered transaction under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Contractor will only provide the Services to a City resident or employee after first obtaining written consent under HIPAA and written agreement to Care Solace's Terms and Conditions. Care Solace reserves the right to deny, and will deny, any Services to City residents and employees who do not provide such consent and agreement.
9.4 Care Solace and the City each agree to comply with all data privacy laws and requirements, state and federal, to which they are each subject, which may include, without limitation, the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 (hereinafter “COPPA”), and the provisions of HIPAA.
9.4.1 Care Solace and the City each agree that City personnel may have access to Protected Health Information (hereinafter “PHI”) that is subject to the requirements of HIPAA (codified at 45 C.F.R. Parts 160, 162, and 164 and related regulations). In the event that: (i) the City is considered to be a HIPAA covered entity; (ii) Care Solace is considered to be a HIPAA business associate;
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(Rev. 10.30.18)
and (iii) the City personnel are providing PHI to Care Solace, then Care Solace warrants that it will appropriately safeguard PHI (as that term is defined in 45 C.F.R. 160.103), and agrees that to the extent it applies, Care Solace will comply with the provisions of 45 C.F.R. 164 Subpart E regarding use and disclosure of PHI. Care Solace shall execute a Business Associate Agreement if requested by the City.
9.4.2 The Parties agree that to the extent this Agreement is subject to any state or federal law provisions governing healthcare fraud and abuse, the Parties shall comply with applicable local, state, and federal statutes, rules, and regulations, which may include, but not be limited to, 42 U.S.C. § 1320a-7b(b) (the Anti- Kickback Statute), 42 U.S.C. § 1395nn (the Stark Law), and the California Physician Ownership and Referral Act of 1993, to the extent applicable. This Agreement shall be interpreted and construed at all times in a manner consistent with applicable laws and regulations governing the financial relationships among individuals and entities that provide or arrange for the provision of items or services that are reimbursable by governmental health care programs or other third-party payers.
9.5. The Care Match custom web link will include a privacy policy and terms of use which will comply with applicable law.
9.6. The City represents and warrants that any of City’s other independent contractors that are provided with access to the Services or are otherwise responsible for transmitting PHI or other private information to Contractor are subject to the same warranties and requirements as the City pursuant to this Agreement.
9.7. Care Solace reserves the right to internally monitor the City’s and City personnel’s usage of the Care Match custom web link and Services.
9.8. Contractor will provide the City with access to the following non-personally identifiable information collected from residents and employees: number of visitors, matches, and phone appointments. If the City desires to obtain personally identifiable information from Contractor
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related to a particular resident’s or employee’s use of the Services, the City shall obtain and deliver to Contractor a duly executed written authorization from the resident or employee, or their legal guardian if applicable, in a form that complies with applicable law.
9.9. Contractor shall ensure that: (i) all data and information provided by the City is stored on files that are separate from those of other Contractor customers, or (ii) all files containing data and information provided by the City are partitioned from the information and data provided by other customers sufficient to protect the security and privacy of such information and data.
9.10 Software-as-a-Service Terms:
9.10.1. Contractor grants the City a non-exclusive, non-transferable, limited, revocable and royalty-free license to provide a hypertext reference link (hereinafter the "Link") to the initial, top-level display of the custom web link solely for the purpose of linking any website owned or controlled by the City to the custom web link.
9.10.2. Use Restrictions. The City covenants and agrees that its use of the Services will be in a manner consistent with this Agreement and with all applicable laws and regulations, including trade secret, copyright, trademark, and export control laws.
Without limiting the generality of the foregoing, the City will not, directly or indirectly, do any of the following: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (hereinafter “Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
9.10.3. The City and residents and employees using the Services shall be solely responsible for acquiring and maintaining technology and procedures for maintaining the security of their connections to the Internet. As part of the Services, Contractor shall implement reasonable security procedures consistent with prevailing industry standards
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to protect information provided by the City and resident and employee users from unauthorized access. The Parties agree that Contractor shall not, under any circumstances, be held responsible or liable for situations in which: (i) data or transmissions are accessed by third parties through illegal or illicit means, or (ii) the data or transmissions are accessed through the exploitation of security gaps, weaknesses, or flaws unknown to Contractor at the time, provided Contractor complies with its obligations in this section.
9.10.4. Unauthorized Access. Contractor will promptly report to the City any unauthorized access to data or information provided by the City upon discovery of such access by Contractor, and Contractor will use diligent efforts to promptly remedy any breach of security that permitted the unauthorized access to occur. In the event that Contractor was solely responsible for the breach and to the extent that Contractor has an obligation imposed by law or statute to notify any individuals whose information was provided to Contractor by the City, Contractor shall be solely responsible for any and all such notifications at its expense. In the event the City was solely responsible for the breach, the City shall reimburse Contractor for time and expenses incurred to assist the City with any required notifications to affected individuals. In the event that Contractor and the City are jointly responsible for the breach, the Parties will attempt to reach an informal resolution as to expenses and, if unable to do so, it will be considered a “Dispute” subject to the dispute resolution provisions herein.
9.10.5. Ownership of Proprietary Rights. Ownership of any and all rights, whether registered or unregistered, in and with respect to Contractor’s patents, copyrights, confidential information, know-how, trade secrets, moral rights, contract or licensing rights, confidential and proprietary information protected under contract or otherwise under law, trade names, domain names, trade dress, logos, animated characters, trademarks, service marks, and other similar rights or interests in intellectual or industrial property (hereinafter “Proprietary Rights”) embodied in the custom web link, the Services, and the computer hardware, software and other tangible equipment and intangible computer code necessary to deploy and serve the Services (hereinafter the “Technology”) shall remain exclusively vested in and be the sole and exclusive
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property of Contractor and its licensors. In addition, the City hereby transfers and assigns to Contractor any rights the City may have to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by City personnel relating to the custom web link, the Services, or the Technology.
9.10.6. Options for Infringement Claims. If any Party is enjoined from using the Technology, or if Contractor believes that the Technology may become the subject of a claim of intellectual property infringement, Contractor, at its own option and expense, may: (i) procure the right for the City to continue to use the Services; (ii) replace or modify the Technology so as to make it non-infringing; or (iii) terminate this Agreement, in which case Contractor shall provide a prorated refund to the City of any and all fees paid in advance for those Services not provided by Contractor. This section and the indemnification provisions in the Agreement set forth the entire liability of Contractor to the City for any infringement by the Technology or Services of any intellectual property right of any third party.
9.11 Representations and Warranties.
9.11.1 The City represents and warrants that: (a) any information it provides to Contractor does not and will not infringe, misappropriate, or otherwise violate any intellectual property right or right of privacy or publicity of any third party; and (b) the performance of its obligations as set forth in this Agreement and the use of the Services by the City and its resident and employee users will not (i) violate any applicable laws or regulations, or (ii) cause a breach of any agreements with any third parties. In the event of any breach by the City of any of the foregoing representations and warranties set forth in this section, in addition to any other remedies available at law or in equity, Contractor will have the right to suspend immediately any Services if deemed reasonably necessary by Contractor to prevent any harm to Contractor and its business. Contractor will provide written notice of any breach of the foregoing representations and warranties to the City, and a reasonable time period to cure, if practicable, depending on the nature of the breach.
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9.11.2. Contractor represents and warrants that it will comply with all state and federal healthcare referral and anti-kickback statutes, and that it does not have an ownership interest in any of the treatment providers to whom it refers City residents and employees. In the event of any breach by Contractor of the foregoing representations and warranties set forth in this section, the City will provide written notice of the breach to Contractor, and a reasonable time period to cure, if practicable, depending on the nature of the breach.
9.11.3. Except as expressly set forth herein, the Services are provided on an "as is" and "as available" basis, and without warranties of any kind either express or implied.
Contractor hereby disclaims all warranties, express or implied. Contractor does not warrant that the services will be uninterrupted or error free or that defects will be corrected. Contractor does not offer a warranty or make any representation regarding the results or the use of the Services in terms of their correctness, accuracy, reliability, risk of injury to the City’s or any resident or employee user’s computer, network, market, or customer base or commercial advantage.
9.12. Mutual Exchange of Confidential Information. The Parties desire to establish terms governing the use and protection of certain confidential information one Party (hereinafter "Owner") may disclose to the other Party (hereinafter "Recipient"). For purposes of this Agreement, the term "Confidential Information" means (i) the terms and conditions of this Agreement, subject to a valid request under the applicable state’s open records act (ii) non- public aspects of the custom web link and the operation thereof, the Technology, the Services, and Contractor's business and technical information and data, and (iii) the City's information or other data processed, stored or transmitted by, in or through the Services (hereinafter “City Data”). In addition, Confidential Information includes information which, although not related to the Services or this Agreement, is nevertheless disclosed hereunder and which is disclosed by an Owner or an affiliate to a Recipient in documentary or other tangible form bearing an appropriate label indicating that it is confidential or proprietary in nature, or which, if initially disclosed orally or visually is identified as confidential at the time of disclosure and a written
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summary hereof, also marked with such a label, is provided to Recipient within fifteen (15) days of the initial disclosure. Recipient may use Confidential Information of Owner only for the purposes of fulfilling the obligations contemplated in this Agreement and shall protect such Confidential Information from disclosure to others, using the same degree of care used to protect its own proprietary information of like importance, but in any case using no less than a reasonable degree of care. Recipient may disclose Confidential Information received hereunder only as reasonably required to perform its obligations under this Agreement and only to its employees who have a need to know for such purposes and who are bound by signed, written agreements to protect the received Confidential Information from unauthorized use and disclosure. The restrictions of this Agreement on use and disclosure of Confidential Information shall not apply to information that: (i) is in the possession or control of Recipient at the time of its disclosure hereunder; (ii) is, or becomes publicly known, through no wrongful act of Recipient; (iii) is received by Recipient from a third party free to disclose it without obligation to Owner, (iv) is independently developed by a Party as evidenced by its written and dated records and without any breach of this Agreement; or (v) is the subject of a written permission to disclose provided by Owner. The Recipient may disclose Confidential Information of Owner pursuant to the requirements of a governmental agency or by operation of law, provided that such Recipient gives Owner written notice thereof as soon as practicable to allow sufficient time for Owner to object to disclosure of such Confidential Information.
9.13. General Skills and Knowledge. Notwithstanding anything to the contrary in this Agreement, the City agrees that Contractor is not prohibited from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including information publicly known or available or that could reasonably be acquired in similar work performed for another customer of Contractor.
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9.14. Publicity and Branding. The City agrees that Contractor may (a) with City’s prior review and express written permission, publicize the City’s name, the fact of the custom web link, and the City's use of the Services; and (b) brand the custom web link with a "powered by Care Solace." or similar Care Solace legend and/or copyright notice.
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Exhibit B:
Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the Agreement 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 $4,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Contractor provides written verification of no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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:
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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 in 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
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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
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.
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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 certified copies of all required insurance policies, including endorsements required by these specifications, at any time; Contractor may redact any company- or personnel-confidential information, if applicable. 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.
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
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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 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.
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 solely on behalf of the City, 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 ap proved subcontractors agree
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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
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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 all Subcontractors must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subcontractors personnel.
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11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing at least sixty (60) days ’ notice in writing to Contractor. If the Agreement is so terminated without cause, City shall pay for all outstanding services billed pursuant to Exhibit D, Section 5 . Fees paid for completed services provided under the contract prior to the termination effective date, shall not be subject to a prorated refund.
11.1.2 Termination for Discontinued Services by Contractor . In the even t that Contractor determines, in its so le and absolute discretion, to c ease to offer its proprietary Services to new customers and to discontinue support of the Services for existing customers, Contractor may terminate this Agreement without cause by providing the City with at least sixty (60) days’ prior written notice. If the Agreement is so terminated without cause, the fees paid by the City shall be subject to a prorated refund.
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 with cause by giving thirty (30) days prior written notification to the non- performing or breaching party specifying the non -performance or breach(es). Upon receiving written notice of a specified breach, the breaching Party shall have a thirty (30) days cure period to remedy the specified non -performance of breach(es) . Only in the event that a Party fails to remedy a specified non-performance or breach within the thirty (30) day cure period shall such a breach be considered a “Dispute” as defined in Section
22. If the Agreement is subsequently so terminated for cause, the fees paid by the City shall be subject to a prorated refund.
11.3 Funding-Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless . To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers,
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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 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. These obligations shall survive the completion or termination of th is 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 protecte d 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 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
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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 interes t 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. Dispute Resolution, Governing Law. Any and all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof, including without limitation claims based on contract, tort, or statute (hereinafter a “Dispute”), shall be initially addressed through non-binding mediation. If the Parties are unable to informally resolve the Dispute within thirty (30) days of notification of a Dispute, the Parties then agree to engage in mediation in good faith, , and share equally in the costs of mediation.
If the Parties are unable to resolve the Dispute through mediation, the Parties may then file an action against each other as set forth below:
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.
Authorized users. The Parties expressly agree that it is their intention by this Agreement that all claims brought by residents and employees, as authorized users, against Contractor shall be governed by the terms of the consent, including arbitration agreement, between Contractor and the authorized user.
As a result of any Dispute, no Party shall be liable to the other Party for any indirect, incidental, or consequential damages under any theory, even if the Party allegedly causing such damages has been advised of the possibility of such damages. The Parties waive any right to recover such damages.
As a result of any Dispute, in no event shall any Party be liable to the other Party for punitive or exemplary damages, unless specifically provided by statute. The Parties waive any right to recover such damages unless specifically provided by statute
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 to 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
ATTACHMENT D
23 368
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)
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 rel ated 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 Fed eral 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, national or regional emergencies, Internet disruptions, telecommunications failures, 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. Should the application of this section become the source of a Dispute between the Parties, then either Party m ay immediately initiate the dispute resolution process outlined in Section 22.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
ATTACHMENT D
24 369
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)
29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
ATTACHMENT D
25 370
(Rev. 07.12.22)
EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following word s and phrase s have the following meaning s 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 D
26 371
(Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s stand ard 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 D
27 372
(Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
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 D
28 373
(Rev. 07.12.22)
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement solely on behalf of the City 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
With the exception of Contractor’s Proprietary Rights, Technology and Software as set forth in Exhibit A, n o materials, including but not limited to reports, maps, or documents produced solely on behalf of the City as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes.
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 D
29 374
(Rev. 10.30.18)
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 $855,000 (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.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
ATTACHMENT D
30 375
(Rev. 10.30.18)
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 Year 1 ($1.00 per resident / per year)
Based on Stockton population of 285,000
$285,000
2 Year 2 $285,000
3 Year 3 $285,000
TOTAL PRICE $855,000
3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton, City Manager’s Office
Attention: Alex Bailey, Program Manager III
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT D
31 376
EXHIBIT F
TIMELINE
1.0 Contractor shall complete the requested services identified in Exhibit A as follows:
1.1 TIMELINE FOR COMPLETION OF WORK
1.1.1Deliverable: LaunchandImplementation
TheCareSolacemanagementplanandmethodologiesfordeliveringalltheservicesisoutlinedinthedetailed schedulebelow.Timeslistedbelowareestimatedforplanningpurposes.Whilethefollowingoutlineforinitial launchisrecommended,notallportionsarerequiredandtheplancanbecustomizedtotheneedsoftheCityof Stockton.
SERVICELAUNCH
Deliverables ResponsibleParty HrsofEff ort
BrandedCareMatchWebsiteAvailable
CareSolacetocreateandprovideaccesstotheCityofStocktonCareMatchsite. Custom URLforthesitewillbeliveatthestartofthecontract.CareSolacewillalsoprovide Marketingcollateral,templatelanguageandgraphicstoexplaintheresourcetoresidents.
CareSolace 24hours
CityofStocktonteam None
CareCoordinationAvailable
UnlimitedcarecoordinationservicesforCityofStocktonresidentswillbemadeavailable viavideochat/phone/textwithCareCompanions,24/7/365.
CareSolace 24hoursprior
tolaunchdate
CityofStocktonteam None
MarketingCollateralAvailable
CareSolacewilldefinethecommunicationsandmarketingstrategieswiththeCityof Stockton. Thesecaninclude:PressRelease,website,socialmedia,collateral,business cards(QRcode),posters,digitalmessagingforbuses,publicrestroomsigns,podcast participation,videos,andanyadditionalitemsrequestedbythecity.
CareSolaceMarketing TBD
City of Stockton TBD
INITIALONBOARDING
Deliverables ResponsibleParty HrsofEff ort
InitialOnboardingMeeting
Initialonboardingmeetingwithdesignatedthe CityofStockton teamtoexplainand demonstratetheserviceandplanforcitywideimplementation.
CareSolace 3hours
CityofStocktonteam .75hrs
ATTACHMENT D
32 377
Care Solace will add CMC and MCRT in the Care Solace system as the preferred provider of services for Stockton
CMCteam
InitialOnboardingMeetingwith CommunityMedicalCenter
InitialonboardingmeetingwiththeCommunityMedicalCentertoexplainand demonstratetheserviceandplanforCMCimplementationandtraining CareSolacewillimplementreferralworkflowswithCMCandMCRTinsupportoftheir clients.1) WhenaresidentcallsCareSolace,theCareCompanionwillcompletean assessmentprocesstodetermineiftheresidentisaCMCclient.2)IftheresidentisaCMC client,thentheCareCompanionwillWarmHandoff theresidenttoCMCappointment deskfornonemergenciesandMCRTforemergencies.3)IfCMCisunabletohandlethe client,orisatcapacity,theywillreferthemtoCareSolaceforhelp.
CMCandMCRTwilluseCareSolaceasareferralpartneriftheyneedassistanceplacinga clientintocare.
CareSolace 3hours
CommunityMedicalCenter 3 hours
AnnouncementInformation
CareSolacewillprovidematerials forannouncingbothCareSolace ʼsservicesand upcomingtrainingstotheCityofStocktonteam.
CareSolace 4hours
CityofStocktonteam 2hours
ScheduleTrainingSessions
CareSolacewillcollaboratewiththe CityofStocktonprojectleadersandtheCMC to scheduleorjoinexistingstaff meetings toexplainanddemonstratetheservicefeatures andplanforcitywideimplementation.
CareSolace 2hours
CityofStocktonteam
CMCteam 2hours
ExistingCommunityResourcesIdentified
ProjectleadersandCMC will shareexistingresourcelist(s)ofcommunityprovidersor MOUpartnerswithCareSolacetoensurethatanypartnershipsandresourcesareverified andaccuratelyincluded intheCareSolace data.
CareSolace
2-12hours
dependingon#
provided
CityofStocktonteam
CMCteam
1hour
CareMatchDatabaseUpdated
CareSolacewillupdatethedatabasetoreflectpreferredagenciesorproviderswithwhich theCityofStocktonhaspartnerships.Theywillbemarkedaspriorityresourcesfor referralsmatchedtotheirservicesandavailability.
CareSolace
2-12hours
dependingon#
provided
CityofStocktonteam none
TRAINING
Deliverables ResponsibleParty HrsofEff ort
TrainingSessions CareSolace 2hours.
ATTACHMENT D
33 378
1.1.2Deliverable: OngoingProgressMonitoringandReporting Date: Through the completion of the agreement
ONGOINGPROGRESSMONITORING&REPORTING
Deliverables ResponsibleParty HrsofEff ort
Check-inMeetings-Ongoing
CareSolacewillholdregularcollaborationmeetings(weeklyorfrequencyrequestedby CityofStockton)
CareSolace 1.5-3hours
CityofStocktonteam
CMCteam .5-1hour
CareSolacewillcollaboratewiththeCityofStocktonandCMCprojectleadstohost meetingstoexplainanddemonstratetheservice,andplanthelaunchinindividual communities.
CityofStocktonteam
CMCteam
2hours
CustomerCareMatchLinks
CareSolacetosendProjectleaderscustomizedlinkstoembedintheCityofStockton website(s)andsharewithintheircommunity.
CareSolace 2hours.
CityofStocktonteam 1hour
ExistingCommunityResourcesTrainingSessions
Stocktonprojectleaderstoshareexistingresourcelist(s)ofcommunityprovidersorMOU partnerswithCareSolace,toensurethatanypartnershipsandresourcesarelaunched andtrained.
CareSolace
2-12hours
dependingon
#provides
CityofStocktonteam
CMCteam
1hour
Mental Health Staff Training Sessions
Care Solace
will host virtual trainings to demonstrate features and functionality of services to City of Stockton mental health staff, as well as the CMC.
CareSolace 15-30hrs
CityofStocktonmental
healthteam
TBDbasedon
numbers
CMCTeams TBDbasedon
numbers
KeyStakeholderTrainingSessions
CareSolacewillhostvirtualtrainingstodemonstratethefunctionalityofservicestokey stakeholdersasrequested-including,butnotlimitedto,firstresponders,hospitals, mentalhealthagencies,outreachteams,andsocialservices(asidentifiedbyCityof Stockton).
CareSolace 1hour
perevent
CityofStocktonTeam 1hour
perevent
Attendees
CMCteam 1hour
ATTACHMENT D
34 379
QuarterlyBusinessReviews (post-Implementation)
CareSolacewillhostquarterlybusinessreviewstoshareimpact CareSolace 1.5-3hours
CityofStocktonteam
CMCteam .5-1hour
ImpactReports-Ongoing
Monthlyreportsontheimpactofservices.
CareSolace 3hours/month
CityofStocktonteam 1hour
SpecificDataRequests-Ongoing
Additionaldataasrequested.
CareSolace TBD
CityofStocktonteam TBD
ONGOINGSUPPORTANDTRAINING
Deliverables ResponsibleParty HrsofEff ort
Updatedmessagingandpromotion-ongoing
CareSolacewillprovideongoinghelpwithpromotionsuchasmarketingandpress materials.Thisincludesmonthlymessaging,andcommunicationtemplatesforemails, textmessages,socialmediaandnewsletters.Additionally,messagingbytopicsis availableyearroundfortheCityofStockton tousetoremindthemoftheCareSolace Services.
CareSolace 3-4hours
CityofStocktonTeam 2-3hours
CMCteam 2-3ours
Communications 1-2hours
Additional/Staff TrainingResources-ongoing
Registeredstaff userswillhaveongoingaccesstovideotutorialsandotherresourcesto buildstaff understandingandutilizationofservices. (Asneeded-videosrangeinlength from3-5minutes.)
CareSolace TBD
CityofStocktonteam TBD
AdditionalImplementationTraining-ongoing
CareSolacewillprovideongoingconsultationforeff ectiveimplementationandadditional trainingfornewstaff membersortorefreshexistingusers.
CareSolace .75-1.5hours
CityofStocktonteam 1hour
CommunicationwithCurrentProviders-ongoing
CareSolacewillprovideoutreachandengagementwithagenciestoensurethey understandtheresource,andarelistedasapriorityforreferralsmatchedtotheirservices andavailability.
CareSolace .5-1hourfor
eachevent
CityofStocktonteam TBD
Outreach&Engagement-ongoing
CareSolacewillprovideadditionaloutreachandengagementactivitieswithcommunity stakeholders.FAQsandsuggestedmessagingwillalsobeavailableforthegroupsto promotetheresourcetothecommunity.
CareSolace .25-1.5hours
CityofStocktonteam 1-2hours
Attendees .5-1hours
ATTACHMENT D
35 380
1.1.3Deliverable: OngoingCareCoordinationforallresidents Date: Through the completion of the agreement
1. CareMatch onlinetoolforallresidents
a. Thisso waresupportsself-guidedaccessforallresidentstotheCareSolaceprovidernetwork.
Thelinktothisso warewillbeco-brandedwiththecityandcanbemadeavailableto residentsonanywebsiteorportalthatthecitydefines.
2. CareCompanion carecoordinationteamforallresidents 24/7/365 a. TheCareCompanions acceptaQRcodewarmhando ff,orcall, fromthecity agencies/departmentsandacceptcallsfromanyresident. Theywill assessthesituation,find appropriateproviders,secureanappointment,andfollowthroughoncare.
1.1.4Deliverable: CareCoordinationinpartnershipwithCMCasanMOUpartnerwiththeCityof Stockton
Date: Throughthecompletionoftheagreement
1. CareSolacewillbelaunchedwiththeCommunityMedicalCenterteams/locations. Thiswillincludethe following:
a. AnnouncementofthepartnershipwiththeCityofStocktonandtheCMC b. Provisionofmarketingmaterialsinsupportofthepartnership:cards,posters,flyers,linkswith thededicatedQRcodeandphonenumber
c. TrainingforCMCsta ff
2. CareCompanion carecoordinationteamforallreferralstoandfromCommunityMedicalCenters a. TheCareCompanions acceptaQRcodewarmhando ff,orcall, fromtheCMC. Theywill assess thesituation,findappropriateproviders,secureanappointment,andfollowthroughoncare. b. TheCareCompanionswillreferindividualstotheCMC.
3. AsdirectedbytheCityofStockton,CareSolacewillprovideCommunityMedicalCenterswithdataand reporting.
ATTACHMENT D
36 381
AGREEMENT WITH
CARE SOLACE, INC. FOR
SOCIAL AND MENTAL HEALTH CARE
COORDINATION SERVICES
City Council Meeting
October 1, 2024
Agenda Item 15.1
382
National
Opioid
Settlement
California
Opioid
Settlement
City of
Stockton
Allocations
$3.875 Billion to California
• 15% to State
• 85% to Local Jurisdictions
0.3256176%
Stockton’s weighted allocation
percentage of local jurisdiction
portion
$2.9 Million distributed to
Stockton since inception
$43.3 Billion in National
Opioid Settlement Funds
Source: California Department of Health Care Services
All funding distribution subject to availability from Opioid Settlements 383
Current Settlement Agreements
DISTRIBUTION PERIODENTITY
2022 - 2031Janssen
2022 - 2038Distributors:
• McKesson
• Cardinal Health
• Cencora (formerly
Amerisource Bergen)
2024 – 2029Allergan
2024 – 2032CVS
2024 - 2037Walgreens
2024 - 2028Walmart
2024 - 2035Teva
Pending Settlement Agreement
Bankruptcy Settlement
Kroger
Mallinckrodt 2022-2023
384
PROJECT SCOPE
All funding distribution is subject to availability from California Opioid Settlement Agreements, and no
funding is guaranteed.
Funding up to the Not-to-Exceed amount will only be
provided during the contractual term.
Agreement is the second of anticipated initiatives for utilizing OSA funds during multi-year tranches.
The City will continue to explore other Allowable Uses of Funds with additional community partners.
385
USE OF OPIOID SETTLEMENT FUNDS
High Impact Abatement Activities (HIAA)
Support centralized call centers that provide information and connections to appropriate services and supports
for persons with Opioid Use Disorder (OUD) and any co-
occurring Substance Use Disorder/Mental Health
(SUD/MH) conditions.
Purchase automated versions of Screening, Brief
Intervention, and Referral to Treatment (SBIRT) services, and support ongoing costs of the technology.
Expand warm hand-off services to transition to recovery.
Source: CA Department of Health Care Services, Exhibit A, Final Settlement Agreement: List of Opioid Remediation Uses 386
Calming the Chaos of Mental Health Care
Stockton City Council
October 1, 2024
Item #15.1
387
The Challenges are
many & often invisible.
My story.
Your residents.
Our mission.
The Situation increases complexity
Navigating services/care is difficult
Insurance Language Location
Specialty Availability Culture
Resources & services
are fragmented
Providers are limited
388
Care Solace is a hub
a front door to all mental health and
social services.
We connect all residents to the
support they need.
We navigate the associated chaos
of specialization, insurance,
language, culture, eligibility, and
availability.
We make access to mental health
and social services easy, inclusive,
and dignified.
389
390
391
392
Care Companions are with the resident every step of the way 393
Care Match provides an anonymous self-service tool for city residents, partners & departments to search on their own Instant translation
Instant access to Care
Companions via call,
text, chat, email
Resident search
guided by a series of
questions
Gender
Age
Zip code
Clinical need
Treatment requested
Insurance
Language
Resident matched to
providers based
upon the responses
to questions
Provider name
Location/address
Phone
Check availability
Care Companions
394
Care Solace is already supporting Stockton residents
36,500 students
395
Proposed Pricing (preferred pricing for Stockton)
Stockton population
School District population
Stockton population to be covered
Pricing $1.00/resident/year
(discounted from $2.00/resident/year)
Total annual price
322,000
36,500
285,500
$285,000
396
RECOMMENDATION
Approve findings pursuant to Stockton Municipal Code
section 3.68.070 to justify and support an exception to the competitive bidding process.
Award a Professional Services Contract to Care Solace, Inc. of Cardiff, CA in the Not-to-Exceed amount of
$855,000 for a three-year term, to provide social and
mental health care coordination services utilizing funds received through the National Opioid Settlement
Agreements.
Authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion.
397
City of Stockton
Legislation Text
File #: 24-0873, Version: 1
COMMUNITY MEDICAL CENTERS PROJECT UPDATES: COMMUNITY WELL-BEING CRISIS
INTERVENTION PROJECT AND OPIOID SETTLEMENT AGREEMENTS
RECOMMENDATION
Informational only; no action to be taken.
Summary
This will be a quarterly informational update presented by Community Medical Centers on these projects:
1. Care Link Mobile Community Response Team (MCRT) pilot project, funded by the American Rescue Plan Act (ARPA).
2. Opioid Settlement Agreements (OSA), funded through the National Opioid Settlements.
City of Stockton Printed on 9/26/2024Page 1 of 1
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398
MOBILE COMMUNITY RESPONSE DATA
June 2024- August 2024 City Council Meeting
October 1, 2024
Item #15.2
399
Agenda
Program Goals &
Shared Objectives
Calls over time
Origin of calls
Demographics of persons in need
MCRT response to calls
Clinical resolutions and outcomes
Case studies
Shared Objectives
Atlanta
400
Program Goal
To develop and implement an efficient and
sustainable model to mental health intervention
based on known and documented best practices,
which supports and enhances the well-being of
Stockton residents.
401
Shared Objectives
Decrease
recidivism or
repeat callers
Increase follow-up
with wraparound
services
Decrease fear or
hesitancy to call
for police
Increase
community
trust
Decrease costs
related to
emergency calls
Divert individuals
from the criminal
justice system
402
Calls Over Time
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Initial 123 120 258 277 183 220 146 234 181 127 130 175 242 173 209 222 Follow-up 10 195 264 459 468 463 531 492 527 345 411 386 642 487 503 486 0 100
200
300
400
500
600
700
9,905 total calls since
May 2023
403
Calls June – August 2024
173
209 222
487 503 486
0 100
200
300
400
500
600
Jun Jul Aug
Initial Follow-up
• During this period:
• 604 initial calls
• 1,476 follow-up calls
• Of known reason for call:
• 76% for welfare/wellness checks
• 11% mild to moderate BH intervention
• 7% emotional disturbance
404
Evolution of MCRT Data Collection: Variables Added
May 2023
• Data collection
began
June 2023
• Race/Ethnicity
October 2023
• Gender
• Reason unable
to respond
January 2023
• Reason for call
July 2024
• Experiencing
homelessness
405
Origin of Calls
June ‘24 – Aug ‘24
• 545 of 604 initial calls
had referral type
data available
• Half of initial calls
came from
community members
Community
Member 51%
Police 28%
Self 12%
406
Call Times
June ‘24 – Aug ‘24
Call time available for 599 of 604
initial calls
11am-1pm and 3pm-5pm
accounted for around two-thirds
of all calls
Very few calls came in after 10pm
17 34
54 65
60 54
49 59
61 63
36 27
11 4
5 8 AM
9 AM
10 AM
11 AM
12 PM
1 PM
2 PM
3 PM
4 PM
5 PM
6 PM
7 PM
8 PM
9 PM
10 PM
11 PM
12 AM
After 1AM
407
Race/Ethnicity
& Age
June ‘24 – Aug ‘24
Collection of
race/ethnicity began in
June 2023
Data available for 525
initial calls
Caller average age was
38 years old
21%
20%
18%
14%
13%
11%
4%
0 -20 21 - 30 31 - 40 41 - 50 51 - 60 61 - 70 71+
American Indian
or Alaska Native,
1%
Asian, 7%
Black,
20%
Hispanic,
48%
Native Hawaiian or
Other Pacific
Islander, 1%
White,
23%
Other, 1%
AGE
408
Gender
June ’24 – Aug ‘24
MCRT began collecting
patient gender in
October 2023
Available for 581 initial
calls the past 3 months
56% 57%
69%
41% 43%
29%
Jun Jul Aug
Female Male
409
MCRT Mobile
Response by
Zip Code
June ‘24 – Aug ‘24
PercentCountZip Code
18%1895202
15%1595207
13%1395205
11%1195206
10%1095210
7%795209
6%695203
6%695204
5%595219
3%395212
98 calls had a mobile team
response.
94 had available zip code
information.
95207
95202
95205
95206
95210
Number of
Calls
410
MCRT Phone
De-Escalation
by Zip Code
Jun ‘24 – Aug ‘24
455 calls were
deescalated over the
phone.
398 had available zip
code information.
95207
95202
95204
95206
95205
Number of
Calls
PercentCountZip Code
13%6095207
10%4495206
9%4095205
8%3695202
7%3495204
6%2695210
5%2195209
4%1995203
3%1595219
3%1495215
411
Clinical
Resolutions
May ‘23 – Apr ‘24
Engaged in Open and Supportive Dialogue
Assessed for Suicide
Validation of Feelings/Concerns
Remain in Community
Assessed for Safety
412
CBO
Collaborative
Efforts in Public
Safety and
Supportive
Services
Case Study 1
MCRT arrived at the trailer of a community member after receiving a call from SJ Cares Sheriff's Deputies, who provided information about the situation.
Community member was being displaced from her trailer as it was condemned.
SJC Sheriffs called SJC Animal Services who agreed to transport their dogs to their new location
Upon arrival, Animal Services asked pt and her partner to move the dogs, pt began to break down.
The team walked her to the MCRT van so that she could sit out of the heat and provided de-escalation techniques for pt to rest.
Ultimately, the Animal Services removed all of the patient's dogs, there ended up being 37 dogs.
LCSW helped process extreme hoarder of animals and Bipolar Schizophrenia and PTSD, exploring options and placed her in a motel for one night to find an opening at one of the shelters the following day.
413
Connecting to
Substance Use
Treatment
Case Study 2
Community member called the MCR line after experiencing depression and wanting to talk to someone.
Team went to his apartment, and he reported he is about to lose his place because he lost his temporary disability from work back in February and can't pay his rent anymore.
As follow-up work continued, the community member disclosed self-harm to his wrists and a substance use problem and extreme fear in seeking treatment for meth.
The process of working with him to get into substance use treatment at CMC’s Respite began immediately to not lose momentum and he was encouraged by the support and elected to call on HIS OWN to seek treatment! In the 30+ days of working with him, he was provided transportation, food stamps, linkage to SUD, follow-up and supportive service, connection to his TB test.
There were 7 (1:1) BH in person and over the phone visits with a clinician and 8 additional contacts with other CMC supportive staff and services. 414
Examples of
MCRT Making a
Difference
Case Study 3
On the evening of National Night Out MCR received a referral from our partners at OVP .
A 2-year-old child had been critically injured from a Gunshot Wound (GSW), due to a loaded gun being accessible and subsequently being shot by another child in the home .
MCR was able to be with the family during the extreme level of chaos and trauma erupting in the home and confusion over the many next steps for this child as he was rushed to UC Davis for life-threatening injuries and many surgeries ahead.
MCR provided 10 days of hotel stay and meal for the Mother and Aunt who were sleeping in their car across from the hospital without any money to pay for both rent at home and this new cost.
Clinically, MCR checked in with Mom and family as often as they needed and provided over five 1:1 visits to support while this was taking place.
The family had just lost another member of the immediate family due to gun violence weeks prior, and the connection between OVP and CMC to provide quality BH interventions and supportive services is critical when working with complex trauma cases.
415
Partnering to Create a
911 Alternative for the
City of Stockton
NACHC 2024 CHI & EXPO | August 24,
2024
CMC spoke in Atlanta, GA on behalf of
the collaborative work being done in
our city and we received so much
interest in this type of work!
416
Questions?
ALFONSO APU
Chief Behavioral Health Officer
[email protected]
LINDSAY LÓPEZ
Care Link Program Manager
[email protected]
417
City Council Meeting
October 1, 2024
Item #15.2
418
CMC Respite Center
201 N. Stanislaus Street, Stockton
(across the street from CMC
Channel Clinic/Pharmacy)
Open 24 hours per day,
7 days a week
R E S I D E N T I A L 2 4 / 7
Monday–Friday, 8am–5pm
M E D I C A L C L I N I C
419
420
CMC Respite Team + Services
C O U N S E L I N G
BH Clinician (LCSW)
Counselor (SUD Certified)
M E D I C A L
X- Waiver Provider (MD/NP/PA)
Medical Assistant (MA)
Nurse (RN/LVN)
S U P P O R T
Case Managers/ CHW
Patient Health Navigators
Peer Counselors
• 1-1 Behavioral and
Substance Use
Counseling
• Case Management
• Medication
Assisted Treatment
(MAT) for opioids
and alcohol
• Group Counseling
• Sobering (6
chairs—Stockton
only)
• 14-Day Transitional
Respite Stay
• Monitored Detox
• 1-1 Behavioral and
Substance Use
Counseling
• Group Counseling
• Case Management
• Medication Assisted
Treatment (MAT) for
opioids and alcohol
• Monitored detox
• Sobering
• Serving individuals 18
and over
• 14-Day Transitional
Respite Stay
• 24-hour monitoring
• Life skills classes and
activities
• Community programs
• Presentations
421
CMC Respite Residential
Bed Days Data
Program started with an
enrollment rate of 52%,
which rose to 82% in
2023. Overall rate is 68%
Report on Bed Occupancy for Respite
Residential Bed Days
Pt. received 24-hour services:
Case Management Services
SUD Daily Programing 1-1/Groups
Monitored Detox (as needed)
Wrap Around Services –Med/BH Appt.
Life Skills Programming
3 Meals & Snacks/Laundry
422
After Care Data
June to Aug 2024
Program started with an
enrollment rate of 52%,
which rose to 82% in
2023. Overall rate is 68%
36 ALL Clients offered to be
Connected with After Care :
Case Management/Wrap
Around Services –appt. w/SUD,
BH & Medical (MAT)
Transportation
Next Level of Care transition
Resources
1 Out pt. Services 30
Case Management 30
MAT (Medical Asst. Treatment) 13
Long Term Recovery Program 5
Transportation 21
30 30
13 5
21 0
5 10
15 20
25 30
35 After Care Services
423
• Audra Crocker - Peer Counselor Connection: One
of Community Medical Center Respite clients AC, who
successfully completed our program, came in with
personal and family challenges. He only knew how to
cope by using alcohol and methamphetamine. After his
successful completion at Respite, I was able to refer
him to a sponsor with many years of sobriety. His
sponsor meets with him weekly, and they talk or text
daily. They work together with recovery workbooks and
attend meetings together. He recently was hired as a
Bakery Sous Chef locally and loves his job. He has over 4 months of sobriety. He had this to say about Respite:
"My stay at Respite was a discovering time that I will be grateful for the rest of my life. At respite I was guided towards new ways of thinking and behaving. With the
help of the wonderful staff, I was able to begin seeing the possibilities of a life without substances. With over 4 months of sobriety, I continue to work on a positive,
happier future which all began inside the walls of
Respite. " - AC
Connections can Change
Lives!
424
• Araceli Andrade- Case Manager Connection -Patient connected to service due to Alcohol and Opioid use. Pt was referred to Case Management, SUD counseling and Behavioral Health. Patient has abstained from all substances for over 2 years now. Patient had a stroke several months ago and was unable to work. Due to being on a fixed income and no longer able to work, patient got behind on her rent and we were able to assist her for two months to allow her to get back on track. Patient is now doing great and continues to connect with all SUD services. Patient is grateful for all CMC Respite has done for her and her family.
• Lavern Langford- SUD Counselor Connection-This young lady was homeless at the time and would make sure she had a way to her appointments because she stated" I want to get better“ . I told her just keep coming to see me and rest of the team so you can get balanced out and stay clean. She would go on to see Psych NP , Behavioral Health & Case Management to help her find housing. Moving forward she is now still being seen by myself and the team. She has her own apartment, and she is also now active in NA, and the Wellness Center. This is what she wanted to share "it's because your team never gave up on me" . This young lady is very active in the community. She is two and a half years clean from all substance and thriving.
Laverne Langford “ I must say this Community Medical Centers- Substance Use Program is where the "Phoenix rises from the ashes!" I’m so grateful to be part of miracles that happen every day within Community Medical Centers, all of our clinics strive to go the extra mile for our clients. ” Connections can Change Lives!
425
Community Collaboration
Networking Partnerships
CVLICH
Catholic Charities
Gospel Rescue Mission
El Concilio
St. Mary’s Shelter
Hospital ED
Managed Care Plan (HPSJ)
CBH
SUSD
County Collaborative Courts
Lilly Pad
Salvation Army
Circle of Friends
Recovery House
Medmark
Aegis
Food Bank
Shower of Love
Bread of Life
426
THANK
YOU
LeiHua (Lei) McMiller, LMFT
Director of SUD Services
[email protected]
427
City of Stockton
Legislation Text
File #: 24-0970, Version: 1
ACCEPT THE FISCAL YEAR 2023-24 THIRD QUARTER BUDGET STATUS UPDATE AND
AUTHORIZE BUDGET AMENDMENTS
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Accept this budget status report on the unaudited results through the third quarter of Fiscal Year (FY) 2023-24.
2. Authorize a budget amendment to increase expenditure appropriation by $1,496,767 from the Development Services Fund (220) balance to cover operating budget.
3. Authorize the continuation of up to $6,815,016 in FY 2023-24 budget appropriations to FY 2024-25 for the completion of identified programs.
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.
Summary
City staff analyzes the City’s expenditures and revenues quarterly and provides reports to the City Council and the public to increase transparency, make financial recommendations in response to financial activities, and perform routine financial operations that require Council’s authority to complete.
At the end of the third quarter, it would be expected that actuals would be at around 75% of the budget. As of March 31, 2024, General Fund revenues are at approximately 62% of the anticipated budget. This is due to the timing of receipts. Tax remittances are usually remitted from the collection agencies to the City any time from 60 - 90 days after the period closes.
Expenditures are largely at 57% utilization, with $194.6 million of the $341.4 million General Fund budget being spent down. The main factors driving this level of underutilizations are salary savings from vacant positions and project expenditures not yet being fully allocated to the funding source - project expenditures for the year are usually fully allocated by the fourth quarter.
DISCUSSION
Background
One of the strategic initiatives developed to support the City’s long-term fiscal sustainability was to provide regular analysis and reporting of the City’s financial status. As a result, the Council and the City of Stockton Printed on 9/26/2024Page 1 of 4
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public should anticipate quarterly reports. The mid-year quarters are not fully closed or audited, so it is expected that these numbers may change in the fourth quarter report as departments and Accounting reconcile their books and complete closing entries.
Present Situation
General Fund Revenues
The General Fund Revenues are detailed in Attachment B. Overall, Revenues are coming in at approximately 62% of revenues, which is generally consistent with previous third quarter results due to the timing of receipt of certain revenue streams.
General Tax Revenues make up 91% of the budgeted revenues in the General Fund. Staff expect that remittances from the collection agencies can take up to 90 days to post to the General Fund; as such, only first and second quarter sales tax revenues are reflected in this report. Taking this into consideration, the sales tax appears to be coming in slightly over budget, at 60.6% utilization.
Property taxes are remitted to the City each year by San Joaquin County in January and April.
Receipts for the first nine months are about 55.1% of the annual estimate. These timing issues are normal and expected and will be adjusted by the fourth quarter report.
The other revenues are largely proceeding as expected or slightly higher. These amounts generally do not contribute to the low utilization, as they make up only 9% of General Fund revenues. Overall, revenues are coming in as expected. After higher-than-expected revenues in the past several years, the City, under the advice of its tax consultants, is anticipating some cooling in tax revenue.
General Fund Expenditures
The General Fund Expenditures are detailed in Attachment A, with summary revenue amounts populated from Attachment B, for an estimated ending fund balance based on staff’s understanding of the City’s current fiscal climate. Expenditures are currently at 57% budget utilization; this is due to several factors.
Salary Savings Across the Board have resulted in mild-to-moderate savings in most program expenditures. Several departments continue to experience staff vacancies. As of March 31, 2024, 1,473 out of 1,801 authorized positions had been filled Citywide, with 165 sworn and 59 civilian public safety positions vacant. The fourth quarter budget update report will reflect the Measure A reauthorization changes approved by Council, which took effect April 1, 2024. As a result, on a going forward basis, the vacancy numbers will look different.
The city has made comprehensive efforts to recruit and retain positions in a highly competitive environment, including expanding benefits and wellness efforts for employees. The City’s Office of Performance and Data Analytics continues to collect data and advising on data-driven solutions to hiring and retention.
Timing with Multi-Year Program and Capital Improvement Expenditures has resulted in those items being understated in the third quarter. Economic Development and Capital improvement lines both show underutilization due to new contracts that have not been fully spent down yet. For instance, approximately $2.0 million in budget in the economic development fund will be reprogrammed in a future period for use in the land acquisition and redevelopment fund. Likewise, City of Stockton Printed on 9/26/2024Page 2 of 4
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File #: 24-0970, Version: 1
Capital Improvement expenditures will not be allocated to the funding sources until year-end close, resulting in what appears to be only a 9% utilization. In addition, much of the Capital Improvement budget of approximately $42.5 million is reserved for future years’ expenditures.
Other Major Funds
Attachment C summarizes the FY 2023-24 unaudited third quarter ending results for other significant City funds. Year-to-date activity shown on Attachment C is similar to the General Fund in that revenues and expenses can be seasonal and subject to irregular schedules. Funds are coming in at around 70% budget utilization, with some exceptions - such as Measure W and M tax revenue, which has understated revenue due to similar reasons to the General Fund taxes described above.
Likewise, debt service transactions are not expended in any regular pattern but instead by the scheduled due dates to bondholders. In addition, other transactions have not yet been posted through the third quarter.
In most cases, the other funds all experienced revenue at or greater than expected and expenditures below what was expected budget. No action is required to balance these funds currently.
Continuation of FY 2022-23 Appropriations
Pursuant to Section 1908 of the City Charter, operating budget appropriations lapse at the end of each fiscal year if not expended or encumbered. With this requirement in place, programs lose funding at year end unless Council takes action to continue the appropriation into the following fiscal year. Following a review of budgets and activities in FY 2023-24, departments have identified funded programs that could not be encumbered or completed prior to the end of the fiscal year on June 30, 2024. To complete these programs, it is recommended that the FY 2023-24 budgets identified in the table below be continued to FY 2024-25 to complete the specific programs listed in the following table. Budget balances for each program will be reviewed and only available balances will be continued to FY 2024-25. Of the total $6.8 million, $1.0 million are for previously approved Council Priority projects.
Description Department Fund Not to
Exceed
Amount
Cisco Traffic Core Replacement Information Technology Technology ISF 400,000 Professional Services for
configuration and installation of
Traffic Core Replacement
Information Technology Technology ISF 100,000
Cisco Traffic Signal Infrastructure Information Technology Technology ISF 300,000 Pilot Gun Buy back program-
Council priority project
Police General Fund 35,435
Retention and Recruitment Human Resources General Fund 1,000,000 Restore three (3) park restrooms
and replace 8 apparatus doors at
two (2) fire stations
Public Works General Fund 144,000
Purchase of 71 marked and
unmarked Police vehicles
Public Works Fleet ISF 2,283,225
Transportation Services for
Program Outings
Community Services Recreation Fund 55,000
Gym Floor resurfacing Community Services Recreation Fund 26,875 Gym Floor resurfacing Community Services Measure M 5,000 Youth Services Grants Community Services Recreation Fund 86,434 Stockton Arts Council Community Services Recreation Fund 49,662 Archive Project for Chavez
Library
Community Services Library Fund 35,100
Library Self Check Machine
Purchase - Tech Logic
Community Services Measure M 94,740
Library Self Check Machine
Purchase - Tech Logic
Community Services Library Fund
(County Funded)
104,000
Summer Reading Books Community Services Library Fund
(County Funded)
25,669
Summer Reading Books Community Services Library Fund 6,082 Summer Reading Books Community Services Measure M 6,297 Navigation Center Economic Development General Fund 1,000,000 Broken Windows Program Economic Development General Fund 200,419 Elections Non-Departmental General Fund 750,000
City Council Discretionary Funds City Council General Fund 90,000 Mayor Discretionary Funds City Council General Fund 17,078 Total 6,815,016
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Description Department Fund Not to
Exceed
Amount
Cisco Traffic Core Replacement Information Technology Technology ISF 400,000 Professional Services for
configuration and installation of
Traffic Core Replacement
Information Technology Technology ISF 100,000
Cisco Traffic Signal Infrastructure Information Technology Technology ISF 300,000 Pilot Gun Buy back program-
Council priority project
Police General Fund 35,435
Retention and Recruitment Human Resources General Fund 1,000,000 Restore three (3) park restrooms
and replace 8 apparatus doors at
two (2) fire stations
Public Works General Fund 144,000
Purchase of 71 marked and
unmarked Police vehicles
Public Works Fleet ISF 2,283,225
Transportation Services for
Program Outings
Community Services Recreation Fund 55,000
Gym Floor resurfacing Community Services Recreation Fund 26,875 Gym Floor resurfacing Community Services Measure M 5,000 Youth Services Grants Community Services Recreation Fund 86,434 Stockton Arts Council Community Services Recreation Fund 49,662 Archive Project for Chavez
Library
Community Services Library Fund 35,100
Library Self Check Machine
Purchase - Tech Logic
Community Services Measure M 94,740
Library Self Check Machine
Purchase - Tech Logic
Community Services Library Fund
(County Funded)
104,000
Summer Reading Books Community Services Library Fund
(County Funded)
25,669
Summer Reading Books Community Services Library Fund 6,082 Summer Reading Books Community Services Measure M 6,297 Navigation Center Economic Development General Fund 1,000,000 Broken Windows Program Economic Development General Fund 200,419 Elections Non-Departmental General Fund 750,000
City Council Discretionary Funds City Council General Fund 90,000 Mayor Discretionary Funds City Council General Fund 17,078 Total 6,815,016
FINANCIAL SUMMARY
This report provides an analysis of FY 2023-24 third quarter budget status results. The unaudited 9- month period review indicates General Fund revenue increases and expenditure savings are estimated to result in a year-end balance that can fully fund the Working Capital Reserve and mostly fund the Known Contingency Reserve.
Following are the budget amendments and transactions needed to complete the recommended actions:
1. Accept this budget status report on the unaudited results of the third quarter of FY 2023-24.
2. Increase FY 2023-24 expenditure appropriate in the Development Services Fund (220) by $1,496,767 from fund balance to cover the Community Development FY 2023-24 Operating Budget as an administrative correction to the FY 2023-24 Original Budget.
Attachment A - FY 2023-24 General Fund Third Quarter Budget Update Attachment B - FY 2023-24 General Fund Third Quarter Revenue Summary Attachment C - FY 2023-24 Third Quarter for Other Major Funds City of Stockton Printed on 9/26/2024Page 4 of 4
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ATTACHMENT A
City of Stockton
FY 2023-24 Budget Update - Third Quarter
General Fund - 100 by Program (Budgetary Basis)
Year to Date Year-End Projection Variance
Approved Activity % of Projected vs. Approved from
Budget Thru 3/31/2024 Budget as of 3/31/24 Budget Budget Beginning Available Balance 39,045,490$ 39,045,490$ 39,045,490$ Release of Funds* 51,219,335 51,219,335 51,219,335 90,264,825 90,264,825 90,264,825
Revenues
General Tax Revenues 232,931,661 140,567,442 60% 241,319,140 8,387,479 3.6% Measure A/B Sales Tax 46,338,887 27,142,937 59% 46,147,356 (191,531) -0.4% Program Revenues 17,221,440 14,217,426 83% 21,745,962 4,524,522 26.3% Interfund Reimbursements 8,978,916 6,493,091 72% 7,723,117 (1,255,799) -14.0% 305,470,904 188,420,896 62% 316,935,576 11,464,671 3.8% Expenditures
Programs
Police 161,400,740 109,483,202 68% 148,799,631 12,601,110 7.8% Fire 60,610,969 42,550,838 70% 57,430,698 3,180,270 5.2% Public Works 22,040,496 13,521,880 61% 19,213,205 2,827,291 12.8% Economic Development 7,823,226 1,929,996 25% 2,887,103 4,936,122 63.1% Office of Violence Prevention 2,265,599 1,582,813 70% 2,130,129 135,470 6.0% 254,141,030 169,068,730 67% 230,460,767 23,680,263 9.3% Program Support for Other Funds
Library 4,109,000 3,081,750 75% 4,109,000 - 0.0% Recreation 3,292,592 2,469,444 75% 3,292,592 - 0.0% Entertainment Venues 4,446,074 3,334,556 75% 4,446,074 - 0.0% Downtown Marina 262,000 196,500 75% 262,000 - 0.0% Capital Improvement 42,550,931 3,862,500 9% 42,550,931 - 0.0% Golf Course 110,000 82,500 75% 110,000 - 0.0% Grant Match 100,000 - 0% - 100,000 100.0%
Development Services 800,000 600,000 75% 800,000 - 0.0% 55,670,597 13,627,250 24% 55,570,597 100,000 0.2% Administration
City Council 1,178,713 762,879 65% 1,026,825 151,888 12.9% City Manager 3,350,649 1,821,063 54% 2,568,794 781,855 23.3% City Attorney 1,488,127 821,149 55% 1,129,196 358,931 24.1% City Clerk 1,248,120 878,395 70% 1,151,541 96,580 7.7% City Auditor 1,050,040 375,853 36% 654,188 395,852 37.7% Administrative Services 6,802,864 4,156,149 61% 5,493,300 1,309,564 19.3% Human Resources 4,364,245 1,797,889 41% 2,464,970 1,899,276 43.5% Tax Collection 2,789,474 1,126,944 40% 2,109,367 680,108 24.4% Elections 550,000 - 0% - 550,000 100.0%
Other Administration (40,191) (46,000) 114% (308,968) 268,777 -668.8% General Legal 500,000 211,751 42% 253,509 246,491 49.3% 23,282,042 11,906,071 51% 16,542,721 6,739,321 28.9% Debt Service 7,988,425 - 0% 9,061,425 (1,073,000) -13.4% Contingency - - - -
Total Expenditures 341,082,094 194,602,051 57% 311,635,510 29,446,584 8.6% Net Annual Activity (35,611,190) (6,181,155) 5,300,066 40,911,255 Proj. Ending Available Balance 54,653,635$ 95,564,890$ 40,911,255$ Fund Balance as % of Expenses 16% 31%
*Actuals are unaudited and may not include all closing activities 432
City of Stockton ATTACHMENT B
FY 2023-24 Third Quarter Revenues
General Fund - 100
Approved
Year-to-Date
Activity % of
Year-End
Projection
Year-end
Projection vs % Variance
Budget Thru 3/31/ 2024 Budge t as of 3/31/2024 B udget vs. Budget General Tax Revenues
Sales Tax
Point of Sale 74,233,436 $ 45,562,681 $ 61.4% 77,547,825 $ 3,314,389 $ 4.5% Measure A Transaction Tax 46,338,887 27,142,937 58.6% 46,147,356 (191,531) -0.4% Proposition 172 3,218,074 2,269,757 70.5% 3,282,900 64,826 2.0% 123,790,397 74,975,375 60.6% 126,978,080 3,187,683 2.6% Property Taxes
Property Taxes 43,251,000 25,153,752 58.2% 45,400,107 2,149,107 5.0% In-Lieu of Motor Vehicle Fees 31,042,455 15,795,007 50.9% 31,590,015 547,560 1.8% 74,293,455 40,948,759 55.1% 76,990,122 2,696,667 3.6% Utility Users Tax
Water 5,020,799 3,647,142 72.6% 4,888,882 (131,917) -2.6% Electric & Gas UUT 29,536,687 21,274,974 72.0% 28,770,016 (766,671) -2.6% Cable 2,562,827 1,512,840 59.0% 2,053,999 (508,828) -19.9% Telecommunications 3,382,714 2,628,530 77.7% 3,568,351 185,637 5.5% 40,503,027 29,063,485 71.8% 39,281,249 (1,221,778) -3.0% Franchise Tax
Electric & Gas FT 3,010,218 - 0.0% 3,143,211 132,993 4.4% Cable/Video 2,049,381 858,859 41.9% 1,298,915 (750,466) -36.6% Waste Haulers 13,637,288 9,672,612 70.9% 14,050,351 413,063 3.0% Other 1,630 2,860 175.5% 2,860 1,230 75.5% 18,698,517 10,534,330 56.3% 18,495,337 (203,180) -1.1% Business License Tax 14,874,886 9,488,453 63. 8% 17,260,407 2,385,521 16.0% Hotel/Motel Tax 3,453,342 1,674,831 48.5% 2,683,570 (769,772) -22.3% Document Transfer Tax 972,295 621,684 63.9% 991,618 19,323 2.0% Motor Vehicle License 338,181 399,537 118.1% 399,537 61,356 18.1% Investment Proceeds 2,346,448 3,924 0.2% 4,386,576 2,040,128 86.9% 21,985,152 12,188,429 55.4% 25,721,708 3,736,556 17.0% Program Revenues
Fire Contracts 5,636,461 4,550,736 80.7% 5,824,299 187,838 3.3% Code Enforcement 4,051,319 2,887,302 71.3% 4,376,086 324,767 8.0% Charges for Services 2,407,795 1,753,230 72.8% 2,551,757 143,962 6.0% Fines & Forfeitures 560,382 226,813 40.5% 315,943 (244,439) -43.6% Revenues from Other Agencies 4,180,852 4,137,201 99.0% 7,669,221 3,488,369 83.4% Licenses & Permits 381,331 125,781 33.0% 168,147 (213,184) -55.9% Sale of Fixed Assets 100,000 4,356 4.4% 227,682 127,682 127.7% Contributed Capital - 446,463 448,631 448,631
Misc. Other Revenues (96,700) 85,544 -88.5% 164,197 260,897 -269.8% 17,221,440 14,217,426 82.6% 21,745,962 4,524,522 26.3% Interfund Reimbursements
Indirect Cost Allocation 4,856,141 3,375,765 69.5% 4,472,020 (384,121) -7.9% Refunds & Reimbursements 244,440 93,888 38.4% 195,463 (48,977) -20.0% Rents/Leases/Concessions 3,878, 335 3,023,438 78.0% 3,055,634 (822,701) -21.2% 8,978,916 6,493,091 72.3% 7,723,117 (1,255,799) -14.0% Total Revenues 305,470,904$ 188,420,896$ 61.7% 316,935,575$ 11,464,671$ 3.8% % Change from Prior Year 7.0% -1.5%
*Actuals are unaudited and may not include all closing activities 2023-24
433
ATTACHMENT C
City of Stockton
FY 2023-24 Third Quarter
Financial Report for Other Major Funds
General Fund Subfunds
Measure A (Breakout of General Fund) Redevelopment & Land Acquisition Fund Year to % of Year to % of
Budget Date Actual Budget Budget Date Actual Budget
Revenues 46,338,887 27,142,937 59% Revenues - -
Transfers from General Fund - -
- -
Marshall Plan Expenditures Expenditures
Office of Violence Prevention 1,347,354 1,045,649 78% Land Acquisition - - Police 37,675,180 26,058,791 69% Total Expenses - - Capital Projects - - 0%
Total Expenses 39,022,534 27,104,440 69%
Funds Combined with General Fund in ACFR
Library 100-120 Fund Year to % of Emergency Dispatch 100-130 Fund Year to % of Budget Date Actual Budget Budget Date Actual Budget
Beginning Balance 3,600,693 3,600,693 Beginning Balance 894,737 894,737 Revenues 7,991,066 5,977,088 75% Revenues 4,896,441 3,247,185 66% General Fund Transfer 4,109,000 3,081,750 75% Expenditures 5,016,122 3,459,557 69% 12,100,066 9,058,838 75%
Expenditures Ending Balance 775,057 682,365
Administration 1,682,318 1,099,920 65%
Operations 1,811,690 1,170,245 65% Recreation 100-125 Fund Year to % of County Branches 7,335,781 4,514,443 62% Budget Date Actual Budget City Branches 3,629,572 2,458,934 68% Beginning Balance 1,465,071 1,465,071 Total Expenses 14,459,361 9,243,542 64%
Revenues 929,742 597,242 64%
Ending Balance 1,241,398 3,415,989 General Fund Transfer 3,292,592 2,469,444 75% 4,222,334 3,066,686 73%
Entertainment Venues 100-145 Fund Year to % of Expenditures Budget Date Actual Budget Administration 3,572,397 1,043,925 29% Beginning Balance 3,699,273 3,699,273 Recreation Programs 3,473,502 1,972,592 57% Total Expenses 7,045,899 3,016,517 43%
Revenues 3,657,343 3,830,487 105%
General Fund Transfer 4,446,074 3,334,556 75% Ending Balance (1,358,494) 1,515,240 Other Fund Transfer - -
8,103,417 7,165,042 88% Boat Launch 100-140 Fund Year to % of Expenditures Budget Date Actual Budget
Administration 392,180 129,132 33% Beginning Balance 1,189,600 1,189,600 Venue Operations 8,351,491 6,175,110 74%
Maintenance & Equip./Capital 2,649,206 600,539 23% Revenues 386,652 109,759 28% Total Expenses 11,392,877 6,904,782 61% Expenditures Operations & Maintenance 255,543 175,105 69% Ending Balance 409,813 3,959,534 Capital Projects - - 0% Total Expenses 255,543 175,105 69%
Ending Balance 1,576,252 1,299,359
434
Cit
y of Stockton
FY 2023-24 Third Quarter
Financial Report for Other Major Funds
Special Revenue Funds
Measure W 200 Fund Year to % of Development Services 220 Fund Year to % of Budget Date Actual Budget Budget Date Actual Budget
Beginning Balance 12,914,043 12,914,043 Beginning Balance 38,991,560 38,991,560 Revenues 15,328,904 8,968,178 59% Revenues 22,454,017 14,775,364 66% Expenditures General Fund Transfer 800,000 600,000 75% Police 7,552,496 5,818,036 77% 23,254,017 15,375,364 66% Fire 8,191,629 5,823,992 71% Expenditures
Total Expenses 15,744,125 11,642,028 74% Community Development 15,380,263 8,686,588 56% Fire 4,399,807 2,997,679 68%
Ending Balance 12,498,822 10,240,193 Capital - - 0% Total Expenses 19,780,070 11,684,268 59%
Strong Communities (Measure M) 210 Fund Year to % of
Budget Date Actual Budget Endging Balance 42,465,507 42,682,657 Beginning Balance 35,271,350 35,271,350
Revenues 15,039,465 8,853,010 59%
Expenditures
Library Programs 4,736,861 2,026,544 43%
Recreation Programs 6,437,304 2,794,648 43% Administration 1,501,083 777,551 52%
Capital Projects 26,664,911 - 0%
Total Expenses 39,340,159 5,598,744 14%
Ending Balance 10,970,656 38,525,617
Enterprise Funds
Water Utility 600 Fund Year to % of Parking Authority 630 Fund Year to % of Working Capital Budget Date Actual Budget Working Capital Budget Date Actual Budget Revenues 70,654,116 47,627,631 67% Revenues 6,180,215 5,182,429 84% Expenditures Expenditures
Administration 4,700,222 2,593,356 55% Administration 894,816 412,328 46% Operations & Maintenance 44,083,858 25,066,094 57% Parking Operations 3,054,947 2,347,567 77% Debt Service 23,228,588 10,970,302 47% Parking Enforcement 614,252 502,495 82% Capital 18,498,871 4,392,581 24% Debt Service 1,708,350 277,515 16% Total Expenses 90,511,539 43,022,333 48% Facility Improvements 1,597,717 252,965 16% Total Expenses 7,870,082 3,792,870 48%
Wastewater Utility 610 Funds Year to % of
Working Capital Budget Date Actual Budget Downtown Marina 640 Fund Year to % of Revenues 137,665,342 68,716,522 50% Working Capital Budget Date Actual Budget Expenditures Revenues 386,849 347,685 90% Administration 5,904,237 4,612,803 78% General Fund Transfer 262,000 196,500 75% Operations & Maintenance 75,782,605 39,188,760 52% 648,849 544,185 84% Debt Service 7,791,375 548,875 7% Expenditures Capital 70,937,968 25,317,865 36% Administration 18,317 6,515 36% Total Expenses 160,416,185 69,668,303 43% Operations 650,834 519,216 80% Capital - - 0%
Stormwater Utility 620 Funds Year to % of Total Expenses 669,151 525,731 79% Working Capital Budget Date Actual Budget
Revenues 6,369,558 4,551,007 71% Golf 650 Fund Year to % of Expenditures Working Capital Budget Date Actual Budget
Administration 2,872,960 1,667,982 58% Revenues 22,094 19,652 89% Operations & Maintenance 5,175,793 3,121,661 60% General Fund Transfer 110,000 82,500 75% Capital 2,299,665 249,967 11% 132,094 102,152 77% Total Expenses 10,348,418 5,039,610 49% Expenditures Administration 54,714 43,266 79% Swenson Golf Course 62,500 - 0%
Van Buskirk Golf Course 89,276 19,371 22% Total Expenses 206,490 62,637 30%
ATTACHMENT C
435
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION ACCEPTING THE FISCAL YEAR 2023-24 THIRD QUARTER BUDGET
STATUS UPDATE REPORT, AND AUTHORIZE BUDGET AMENDMENTS
Fiscal Sustainability is one of the City Council’s goals; and
City Council adopted the Fiscal Year (FY) 2023 -24 Annual Budget on June 20, 2023, following a duly noticed budget study session and a public hearing, and
By the staff report accompanying this Resolution, incorporated into this Resolution by this reference (Staff Report), the Council has been provided with additional information upon which the actions set forth in this Resolution are based; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1) Accept this budget status report on the results of the Third quarter of Fiscal Year 2023-24.
2) Authorize appropriation of $1,496,767 from the Community Development Services (220) f und balance to the Community Development FY 2023 -24 Operating Budget as an administrative correction to the FY 2023-24 Original Budget.
3) Authorize the continuation of up to $6,815,016 in FY 2023 -24 budget appropriations to FY 2024-25 for the completion of identified programs.
4) Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED October 1, 2024 _.
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
436
FY 2023-24
Third Quarter
Budget Report
Imelda Arroyo
Budget Officer
Agenda Item 15.3
October 1, 2024
437
3rd Quarter FY 2023-24
General Fund Revenues
As of March 31, 2024:
• Year to Date = $188.4 million
• 61.7% of the $305.5 million budget
Year-end Projection:
• $316.9 million
• $11.5 million, 3.8% over the budget
• Largest variances:
• Rev. from Other Agencies +$3.5 million
• Point of Sale Sales Tax +$3.3 million
• Property Taxes +$2.7 million
438
Revenues
Proceeding as expected – tax revenues
can take up to 90 days to post.
Operating revenues are showing signs of
mild cooling anticipated by City’s
consultants.
Budget
Budget
Budget Budget
Q3 Actuals Q3 Actuals
Q3 Actuals Q3 Actuals
0 50
100
150
200
250
300
2023 Tax Revenue 2024 Tax Revenue 2023 Program
Revenue
2024 Program
Revenue
Budget Q3 Actuals
439
3rd Quarter FY 2023-24
General Fund Expenditures
As of March 31, 2024:
• Year to Date = $194.6 million
• 57% of the $341.0 million budget
Year-end Projection:
• $311.6 million
• $29.4 million, 8.6% under budget
• Police Department $12.6 million
• Economic Development $4.9 million
• Fire Department $3.2 million
• Public Works $2.8 million
440
Expenditures
• Expenditures are proceeding as expected.
• Currently at 57% Budget Utilization
• Due to Salary Savings & Multi-year
expenditures that have not posted yet.
1,473
out of
1,801
Positions
filled
Authorized /
budgeted Authorized
/ budgeted
filled /
utilized filled /
utilized
0%
20%
40%
60%
80%
100%
120%
Positions Filled Q3 Budget
Utilized
Police
56%Fire
22%
Public
Works
7%
Econ Dev
1%
Violence
Prevention
1%
Other
Funds 7%
Admin 6%
Actual Q3 Expenditures
441
3rd Quarter FY 2023-24
Recommendations
• Accept 3rd Quarter Budget Status
Update report.
• Adopt Resolution approving one
budget amendment:
Appropriate $1,496,767 from the
Development Services fund balance to
cover operating budget.
• Authorize the continuation of up to
$6,815,016 in FY 2023-24 budget
appropriations to FY 2024-25 for
completion of identified programs.
442