Agenda packet — City Council and Concurrent Authorities, October 1, 2024 (part 1 of 2)

City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Kevin J. Lincoln II, Mayor/Chair (At Large)
Kimberly Warmsley, VIce Mayor (District 6)
Michele Padilla (District 1)
Daniel R. Wright (District 2)
Michael Blower (District 3)
Susan Lenz (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
4:00 PMTuesday, October 1, 2024
Closed Session 4:00 PM :: Regular Session 5:30 PM

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 24-0902

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: One
Name of Case: Adriana Leon Solis v. City of Stockton, et al., (San Joaquin County Superior Court Case No.

STK-CV-UPI-2022-8699)
This Closed Session is authorized pursuant to section 54956.9(d) (1) of the Government Code to discuss matters
pertaining to existing litigation.

Department: City Attorney

3.2 24-0968 CONFERENCE WITH LABOR NEGOTIATOR

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1 October 1, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action:

Agency Designated Representative: City Manager Harry Black Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

Department: City Attorney

4. CLOSED SESSION PUBLIC COMMENT*

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10. 1 24-0995
PROCLAMATION: AMERICAN PHARMACISTS MONTH - OCTOBER
2024
Department: Office of the Mayor

10. 2 24-0997 PROCLAMATION: INDIGENOUS PEOPLES DAY - OCTOBER 14, 2024
Department: Office of the Mayor

10. 3 24-1009 PROCLAMATION: CODE ENFORCEMENT OFFICER WEEK Department: Office of the Mayor

10. 4 24-1011 PROCLAMATION: WHITE CANE AWARENESS DAY 2024 Department: Office of the Mayor

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

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2 October 1, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

12.1 24-0975

APPROVE AN AMENDMENT TO THE STANDARD AGREEMENT

FOR SUPPORT SERVICES THROUGH PERISCOPE HOLDINGS,
INC. IN THE AMOUNT OF $150,000
Recommended Action:

RECOMMENDATION
It is recommended that the City Council by motion, approve Amendment No. 2 to the Standard Agreement with Periscope Holdings, Inc., for support services to the Procurement Division within the Administrative Services Department in the amount of $150,000, bringing the total not-to-exceed contract amount to $525,000.

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

Department: Administrative Services
Attachment A - Amendment 2 Periscope Holdings
Attachment B - Agreement with Periscope Holdings
Attachment C - Amendment 1 Periscope Holdings
Attachments:

12.2 24-1005 ADOPT A RESOLUTION APPROVING CITY ATTORNEY LORI M.

ASUNCION’S

FIRST AMENDED EMPLOYMENT AGREEMENT,

AUTHORIZE MAYOR TO EXECUTE THE FIRST AMENDED

EMPLOYMENT AGREEMENT, AND AUTHORIZE STAFF TO AMEND

THE CITY OF STOCKTON SALARY SCHEDULE TO REFLECT THE

INCREASE IN CITY ATTORNEY BASE SALARY AND IMPLEMENT

THE TERMS OF THE FIRST AMENDED EMPLOYMENT

AGREEMENT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the First Amended Employment Agreement for Lori M. Asuncion, City Attorney for the City of Stockton, authorize Mayor, on behalf of the City Council to execute the First Amended Employment Agreement setting forth the terms and conditions of employment with
Ms. Asuncion, effective October1, 2024, and authorize City Staff to amend the City of Stockton salary schedule to reflect increase in the City Attorney's base salary and implement the other terms and conditions in the First Amended Employment Agreement.

Department: City Attorney
Proposed Resolution
Exhibit 1 - CA Amended Employment Agreement
Attachments:

12.3 24-0989 APPOINTMENT TO THE STOCKTON CIVIL SERVICE/EQUAL

EMPLOYMENT COMMISSION

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3 October 1, 2024City Council/Successor Agency to
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action:

RECOMMENDATION
It is recommended that City Council adopt a resolution appointing one member to the Civil Service Commission/Equal Employment Commission for a term commencing immediately and ending December 31, 2027.

Department: City Clerk
Attachment A - Redacted Application
Proposed Resolution - CSC Appointment
Attachments:

12.4 24-0991 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of September 10, 2024 and September 17, 2024
Department: City Clerk
Attachment A - 2024-09-10 Minutes
Attachment B - 2024-09-17 Minutes
Attachments:

12.5 24-0985 APPROVE THE SECOND FOLLOW-UP RESPONSE TO THE 2023-24 SAN JOAQUIN CIVIL GRAND JURY SECOND LOOK AT CASE NO.
0318 COLD CASES IN SAN JOAQUIN COUNTY: ON THE BACK
BURNER
Recommended Action:

RECOMMENDATION
It is recommended that the City Council approve by motion the City's second, follow-up response to the 2023-24 San Joaquin Civil Grand Jury's Second Look at the 2018-19 Report, Case No. 0318, Cold Cases in San Joaquin County: On the Back Burner.

It is also recommended that the City Council authorize the City Manager to submit all approved responses to the San Joaquin Grand Jury on behalf of the City and Council.

Department: City Manager
Attachment A - 2nd Look at Cold Cases_Grand Jury Report Attachment B - First Response to Cold Cases (Sept 2024) Attachment C - Proposed Follow-Up Response to Cold Cases No. 0318 Attachments:

12.6 24-0256 APPROVE SALE OF EXEMPT SURPLUS PROPERTY LOCATED AT

DIAMOND STREET AND EAST WORTH STREET

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4 October 1, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action:

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

1. Authorizing the filing of Notice of Exemption No. 37-23 under the California Environmental Quality Act (CEQA) for the disposition of exempt surplus real property located at Diamond Street and East Worth Street, APN 155-300-02.

2. Authorizing the disposition of the City-owned parcel located at Diamond Street and East Worth Street to Stockton Tri Industries LLC in the amount of $10,000.

3. Authorizing the City Manager, or designee, to execute the Purchase and Sale Agreement with Stockton Tri Industries LLC.

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

Department: Economic Development
Attachment A - Resolution 2023-08-22-1208
Attachment B - Vicinity Map - Diamond & Worth
Attachment C - Aerial Map - Diamond & Worth
Attachment D - Administrative Directive HRD-02
Proposed Resolution - PSA - Diamond & Worth
Exhibit 1 - NOE37-23 - Excess Real Property
Exhibit 2 - Diamond & Worth PSA
Attachments:

12.7 24-0933 ADOPT A MOTION TO AMEND THE ST. MARY’S DINING ROOM

OPERATION SERVICES CONTRACT AND ALLOCATE FF&E

FUNDING

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5 October 1, 2024City Council/Successor Agency to
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action:

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

1. Reallocate and appropriate $800,640 in American Rescue Plan Act (ARPA) funds from St. Mary's Dining Room operation services contract funded through ARPA project #EARP211 to ARPA Navigation Center project #EARP212

2. Allocate and appropriate $800,640 of HHAP Round 4 funds, to replace the deobligated ARPA funds, for the St. Mary's Dining Room operation services contract;

3. Amend St. Mary's Dining Room operation services contract, to update funding source with HHAP 4 funds;

4. Approve up to $800,640 of ARPA funds for the unaddressed Fixtures, Furnishings, and Equipment (FF&E) of the Navigation Center project, through the City's contract with Durst Office Designs;

5. Authorize the City Manager, or designee, to allocate remaining funds and any other cost savings realized during construction to, and to enter into contract(s) with, other entities involved in the completion of the Navigation Center project;

6. Authorize the City Manager, or designee, to enter into and execute any associated documents and take appropriate and necessary actions to carry out the purpose and intent of this motion.

Department: Economic Development

12.8 24-0940 RESOLUTIONS OF INTENTION RENEWING AND MODIFYING THE

STOCKTON TOURISM BUSINESS IMPROVEMENT DISTRICT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt Resolutions of Intention:

1. Renewing the Stockton Tourism Business Improvement District; and

2. Modifying the Stockton Tourism Business Improvement District Management District Plan;
It is also recommended that the City Council authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of the resolutions.

Department: Economic Development

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6 October 1, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Attachment A - Resolution 2014-11-04-1601-01
Attachment B - Resolution 10-0407
Attachment C - Resolution 2014-11-04-1601-02
Attachment D - Management Dist Plan
Attachment E - Modification Request Letter
Proposed Resolution - Intent to Renew STBID
Exhibit 1 - Boundary Map
Proposed Resolution - Intent to Modify STBID
Attachments:

12.9 24-0953 ADOPT A RESOLUTION APPROVING LOAN AND/OR GRANT AWARDS TO ELIGIBLE RESPONDENTS TO THE 2024

AFFORDABLE HOUSING PROPERTY ACQUISITION NOTICE OF

FUNDING AVAILABILITY
Recommended Action:

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

1. Approving a $1,500,000 Community Development Block Grant (CDBG) loan and/or grant award to Parents by Choice, Inc. for the purpose of acquiring property located at 523 E Main Street, Stockton CA for development of a Transitional Housing for Youth affordable housing project;

2. Approving a $1,891,000 Pro-Housing Incentive Program (PIP) loan and/or grant award to Delta Community Developers Corp. (DCDC) for the purpose of acquiring property located at 645 W. Harding Way, Stockton CA for development of the Harding Way Apartments affordable housing project;

3. Approving the allocation of 36-units of affordable housing through the Transitional Housing for Youth and Harding Way Apartments projects pursuant to Article XXXIV of the California Constitution;

4. Awarding and Allocating Pro-Housing Incentive Program Grant Funds and/or Community Development Block Grant Funds not to exceed a combined total of $3,391,000.00 to the projects that best strategically meet grant expenditure deadlines; and

5. Authorizing the City Manager, or designee, to execute all documents and take all necessary and appropriate actions to carry out the purpose and intent of the resolution.

Department: Economic Development
Proposed ResolutionAttachments:

12.10 24-0962 APPROVE MOTION TO AWARD CONTRACT TO GOLDEN STATE

COMMUNICATIONS TO PROVIDE RADIO COMMUNICATIONS AND

SYSTEMS SUPPORT SERVICES

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7 October 1, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action:

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

1. Authorize the City Manager to enter into an agreement with Golden State Communications for radio and infrastructure maintenance fees, non-covered repairs, and support services of the City's radio communications system in the amount of $3,205,277.40 (Attachment A) and authorize an additional contingency of $300,000.00, for a total amount of $3,505,277.40, for a duration of five (5) years, beginning October 1, 2024, through September 30, 2029;

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

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

Department: Information Technology
Attachment A - Golden State Communications ContractAttachments:

12.11 24-0912 ADOPT A RESOLUTION TO AWARD A CONSTRUCTION CONTRACT TO HOWK SYSTEMS, INC. FOR ELECTRICAL

UPGRADES AT SOUTH STOCKTON SYSTEM GROUNDWATER
WELLS
Recommended Action:

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

1. Approve the filing of Notice of Exemption under the California Environmental Quality Act (CEQA) for the Electrical Upgrades of Groundwater Wells Project No. UH22004.

2. Approve the plans and specifications for the Electrical Upgrades of South Stockton System (SSS) Groundwater Wells No. SSS3 and SSS9, Project No. UH22004.

3. Award a Construction Contract in the amount of $754,717 to Howk Systems, Inc. of Modesto, CA, for Electrical Upgrades of Groundwater Wells SSS3 and SSS9, Project No. UH22004 (Exhibit 1 to Resolution).

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Construction Contract
Attachments:

12.12 24-0986 APPROVE A MOTION TO AUTHORIZE CONTINUING AN EXISTING

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8 October 1, 2024City Council/Successor Agency to
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

LICENSE AGREEMENT WITH MAGNET FORENSICS
Recommended Action:

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.

Department: Police
Attachment A - Magnet Forensics GrayKey ServiceAttachments:

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. NEW BUSINESS

15.1 24-0768

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
Recommended Action:

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

1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 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.

Department: City Manager

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9 October 1, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Attachment A - List of Opioid Remediation Uses
Attachment B - Resolution 2023-11-14-1501
Attachment C - Proposed Scope of Services
Attachment D - Professional Services Agreement
PPT - 15.1 - Care Solace Agreement
Attachments:

15.2 24-0873 COMMUNITY MEDICAL CENTERS PROJECT UPDATES:

COMMUNITY WELL-BEING CRISIS INTERVENTION PROJECT AND

OPIOID SETTLEMENT AGREEMENTS
Recommended Action:

RECOMMENDATION
Informational only; no action to be taken.

Department: City Manager
PPT - 15.2 - CMC Project UpdatesAttachments:

15.3 24-0970 ACCEPT THE FISCAL YEAR 2023-24 THIRD QUARTER BUDGET

STATUS UPDATE AND AUTHORIZE BUDGET AMENDMENTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Accept this budget status report on the unaudited results through the 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.

Department: Administrative Services
Attachment A - FY23-24 GF Third Quarter Budget Update
Attachment B - FY23-24 GF Third Quarter Revenue Summary Attachment C - FY23-24 Third Quarter for Other Major Funds Proposed Resolution - FY 2023-24 Third Quarter
PPT - 15.3 - FY23-24 Third Quarter Budget Report
Attachments:

16. HEARINGS**

17. CITY MANAGER'S UPDATE

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10 October 1, 2024City Council/Successor Agency to
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

18. COUNCIL COMMENTS

19. ADJOURNMENT

INFORMATIONAL ITEMS

CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on September 26, 2024 in compliance with the Brown Act.

Katherine Roland, CMC, CPMC
Interim City Clerk
By: ________________________________
Deputy

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11 October 1, 2024City Council/Successor Agency to
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. Each speaker is limited to two minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.

The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:

1. Email - you may email your comments to [email protected]

2. Voicemail - you can leave a voice message by dialing (209) 937-8459.

3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please redirect any inquiries to [email protected]. b) Address only issues over which the meeting body has jurisdiction. c) Each speaker will be limited to one 2-minute comment opportunity. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached the minutes. All comments received after that time will be forwarded as correspondence the following business day. Written and voicemail comments will not be read into the record.
***Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members of the City Council present at the meeting to take immediate action, with either a two-thirds or unanimous vote, to place an item on the agenda that action must be taken and that the item came to the attention of the City subsequent to the agenda being posted.

All proceedings before this meeting body are conducted in English. Requests for Spanish Language interpreters must be received at least 5 days in advance of the meeting. Contact the City Clerk’s Office at (209) 937-8458 or [email protected] If an interpreter if unavailable, Public Comments made in Spanish will be translated and posted to the permanent record following the meeting.

Todos los procedimientos ante este órgano de reunión se llevan a cabo en inglés. Las solicitudes de intérpretes de idioma español deben recibirse al menos 5 días antes de la reunión. Comuníquese con la Oficina de la Secretaria Municipal al (209) 937-8458 o [email protected]. Si no hay un intérprete disponible, los comentarios públicos hechos en español se traducirán y publicarán en el registro permanente después de la reunión.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are a person with a disability and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8458, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.

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12 October 1, 2024City Council/Successor Agency to
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.

CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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Legislation Text
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PROCLAMATION: AMERICAN PHARMACISTS MONTH - OCTOBER 2024 City of Stockton Printed on 9/26/2024Page 1 of 1
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PROCLAMATION: CODE ENFORCEMENT OFFICER WEEK
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File #: 24-1011, Version: 1
PROCLAMATION: WHITE CANE AWARENESS DAY 2024
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File #: 24-0975, Version: 1

APPROVE AN AMENDMENT TO THE STANDARD AGREEMENT FOR SUPPORT SERVICES THROUGH PERISCOPE HOLDINGS, INC. IN THE AMOUNT OF $150,000

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

Summary
Due to the continued increased demand on the Procurement Division and current Procurement Officer vacancy, the Administrative Services Department (ASD) is seeking Council approval to amend the existing agreement with Periscope Holdings, Inc., by increasing the not-to-exceed contract amount by $150,000, for a total not-to-exceed contract amount of $525,000 (Attachment A). The additional funding will allow ASD to maintain procurement support services through the end of the contract term, which expires December 31, 2024.

DISCUSSION
Background
The need for additional staffing support services for the Procurement Division was necessitated by the influx of $78 million in federal funds beginning in FY 2021-22 under the American Rescue Plan Act (ARPA). Due to the large number of vacancies in the Procurement Division, combined with the increased demand on procurement activities to obligate all ARPA funds by the federal deadline of December 31, 2024, Staff determined augmented procurement support services were necessary.

On October 17, 2023, Council approved Motion 2023-10-17-1201, authorizing the City Manager to execute an agreement in the amount of $250,000 with Periscope Holdings, Inc., for support services to ASD’s Procurement Division, for the term of November 1, 2023, through December 31, 2024 (Attachment B). The agreement was subsequently amended on September 3, 2024, to increase the contract amount by $125,000, for a revised not-to-exceed amount of $375,000 to continue providing procurement support services (Attachment C).

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Present Situation
Although the Procurement Division has been able to fill most of its staff vacancies, the Procurement Officer position remains vacant. Recruitment efforts are currently underway to fill the position.

Therefore, to maintain current service levels, Staff recommend an increase of $150,000 for the contract with Periscope Holdings, Inc., for procurement staffing support services through the end of the contract term (December 31, 2024), for a total not-to-exceed amount of $525,000.

FINANCIAL SUMMARY
The increased contract costs of $150,000 will be charged to the ARPA Procurement Public Sector Capacity project (SARP701), account 0010-156-650002-280-282-10-00-000-000-. Unobligated ARPA funds are available for transfer from other approved projects to SARP701. Resolution No. 2024-03-12-1503 authorizes the City Manager to reallocate funds among approved ARPA projects.

Council approval of the proposed contract amendment has no impact on the General Fund.

Attachment A - Amendment 2 to Agreement with Periscope Holdings, Inc.

Attachment B - Original Agreement with Periscope Holdings, Inc.

Attachment C - Amendment 1 to Agreement with Periscope Holdings, Inc.

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(Rev. 03.21.22)

CITY OF STOCKTON

STANDARD AGREEMENT AMENDMENT
This Am
endment Number ___2____ to the above referenced Agreement is entered into on__________: between the City of Stockton (“City”) and Periscope Holdings, Inc. “Contractor”.

RECITALS
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $150,000 to pay for the Contractor for Procurement Division staff augmentation Services.

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

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

The maximum not to exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, is amended to: $525,000.00.

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

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

CONTRACTOR
Periscope Holdings, Inc.
_____________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_____________________________________________________________________________________________ Authorized Signature Date
_____________________________________________________________________________________________ Printed Name and Title of Person Signing
_____________________________________________________________________________________________ Address

CITY OF STOCKTON
_____________________________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
_____________________________________________________________________________________________ Katherine Roland CMC, Interim City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
B Y :

Agreement Number: Amendment
Number:
424000194 2

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$ "

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54 ATTACHMENT B
55 ATTACHMENT B
56 ATTACHMENT C
57 ATTACHMENT C
58 City of Stockton
Legislation Text
File #: 24-1005, Version: 1
ADOPT A RESOLUTION APPROVING CITY ATTORNEY LORI M. ASUNCION’S FIRST AMENDED

EMPLOYMENT AGREEMENT, AUTHORIZE MAYOR TO EXECUTE THE FIRST AMENDED

EMPLOYMENT AGREEMENT, AND AUTHORIZE STAFF TO AMEND THE CITY OF STOCKTON

SALARY SCHEDULE TO REFLECT THE INCREASE IN CITY ATTORNEY BASE SALARY AND

IMPLEMENT THE TERMS OF THE FIRST AMENDED EMPLOYMENT AGREEMENT

RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the First Amended Employment Agreement for Lori M. Asuncion, City Attorney for the City of Stockton, authorize Mayor, on behalf of the City Council to execute the First Amended Employment Agreement setting forth the terms and conditions of employment with
Ms. Asuncion, effective October1, 2024, and authorize City Staff to amend the City of Stockton salary schedule to reflect increase in the City Attorney’s base salary and implement the other terms and conditions in the First Amended Employment Agreement.

Summary
The City wishes to remain competitive in the marketplace, to retain Ms. Asuncion’s legal and institutional knowledge, leadership, continuity and stability for the City, the City Council, City Staff, and within the City Attorney’s Office, and acknowledge
Ms. Asuncion’s valued performance over the past two years.

DISCUSSION
Ms. Asuncion was appointed as the City Attorney in Stockton in September 2022. Prior to her appointment, Ms. Asuncion was a Deputy City Attorney with the City for almost 11 and the Assistant City Attorney for 4 years. She is a graduate of the University of the Pacific McGeorge School of Law.

Ms. Asuncion has provided the City with valued legal advice and representation for 17 years.

In the Spring and early Summer of 2024, the City Council authorized an extensive performance evaluation of Mr. Asuncion, facilitated by outside counsel. The evaluation included surveys, interviews with every department head and deputy department head in the City for feedback on Ms.

Asuncion’s performance. This performance evaluation was the first evaluation for Ms. Asuncion as the City Attorney.

Ms. Asuncion’s 2022 employment agreement includes a five-year term, which would conclude in September 2027. The City wishes to remain competitive in the marketplace, to retain Ms. Asuncion’s leadership, maintain continuity and stability for the City’s legal representation and acknowledge Ms.

Asuncion’s valued contributions over the past two years.

The proposed first amendment to the employment agreement includes the following salary and City of Stockton Printed on 9/26/2024Page 1 of 2
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59 File #: 24-1005, Version: 1
The proposed first amendment to the employment agreement includes the following salary and benefit provisions for City Council consideration:
· Increase current base annual salary from $289,224 to $318,146, a 10% increase, effective the first full pay period following adopting of this amendment. · Create a budget of $7,000 per year for professional development including membership in professional organizations, attendance at conferences and advanced legal certifications.

All other terms and conditions of the employment agreement would remain unchanged. The terms and conditions of the first employment agreement are similar to other city attorneys in comparable jurisdictions.

The City Council is cognizant of the proposed increases and this amendment is an acknowledgment of the City Council’s assessment and positive evaluation of the City Attorney’s performance.

FINANCIAL SUMMARY
Sufficient funds are available in the Fiscal 2024-2025 budget.

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60 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING CITY ATTORNEY LORI M. ASUNCION’S FIRST

AMENDED EMPLOYMENT AGREEMENT, AUTHORIZING THE MAYOR TO

EXECUTE THE FIRST AMENDED EMPLOYMENT CONTRACT, AND AUTHORIZING

STAFF TO AMEND THE CITY OF STOCKTON SALARY SCHEDULE TO REFLECT

THE INCREASE IN CITY ATTORNEY BASE SALARY AND IMPLEMENT THE TERMS

OF THE FIRST AMENDED EMPLOYMENT AGREEMENT

Lori M. Asuncion was appointed as the City Attorney of Stockton in September 2022; and

In the Spring and early Summer of 2024, the City Council authorized an extensive performance evaluation of Ms. Asuncion. In recognition of the City Council’s assessment and positive evaluation of the City Attorney’s performance, the first since her appointment, the City Council proposes amended terms and conditions of employment; and

The proposed terms and conditions of the first amendment employment agreement are similar to other city attorneys in comparable jurisdictions; now, therefore,

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

1. The approval of the First Amended Employment Agreement with Lori M. Asuncion setting forth the terms and conditions of employment effective October 1, 2024, and authorizes staff to amend the City of Stockton salary schedule to reflect the increase in City Attorney base salary, a copy of which is attached as Exhibit 1.

2. The Mayor is authorized, on behalf of the City Council, to execute the attached First Amended Employment Agreement marked as Exhibit 1.

3. The Mayor is further authorized and directed to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution including

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
61 EXHIBIT 1

_____________________________________________________________________________________________

FIRST AMENDED EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND CITY ATTORNEY LORI M. ASUNCION Page 1

FIRST AMENDED EMPLOYMENT AGREEMENT BETWEEN
CITY OF STOCKTON AND LORI M. ASUNCION AS CITY ATTORNEY
(AT-WILL AND NON-CLASSIFIED POSITION)

This First Amended Agreement is made and entered into this ____ day of September 202 4, by and between the City of Stockton, a California charter city and municipal corporation (“CITY”) and Lori M. Asuncion (“EMPLOYEE”) (collectively referred to as PARTIES), both of whom understand and agree to the following:

RECITALS

CITY is a Charter City and Municipal Corporation organized under the laws of the State of California; and

Under City of Stockton Charter 1302, the City Council voted to appoi nt EMPLOYEE as its City Attorney on September 13, 2022, at its regularly scheduled meeting; and

CITY and EMPLOYEE desire to amend the original agreement; and

CITY and EMPLOYEE agree as follows:

1. CHARTER RULES. EMPLOYEE agrees to abide by ARTICLE XIII DEPARTMENT OF LAW of CITY CHARTER SECTIONS 1300-1306, to include the prohibition of outside employment.

2. AT-WILL DEFINITION. EMPLOYEE is at will and serves at the pleasure of City Council and can be terminated at any time with or without cause . EMPLOYEE’s at-will status means there is no guarantee as to length of time for employment. No CITY representative has authority to agree to anything contrary to employee at-will status unless it is specific, in writing, and signed by City Council.

3. DURATION OF AGREEMENT . The effective date of this agreement is September 13, 2022. This agreement governing benefits shall remain in effect for five (5) years from that date unless otherwise terminated pursuant to provision in Provision 6: TERMINATION OF RELATIONSHIP. At the end of the initial term of five (5) years, this agreement may be extended upon mutual written agreement between the Parties.

4. COMPENSATION and COST OF LIVING INCREASES . CITY shall compensate EMPLOYEE with an annual salary of $ 318,146 (three hundred and eighteen thousand one hundred and forty six dollars) payable in same manner and time as all other employees of City of Stockton. EMPLOLYEE shall be entitled to any approved cost of living increases applicable to employees under City’s Unrepresented Management/Confidential and Law Employee’s Compensation Plan (“UNREP COMP PLAN.”)

62 EXHIBIT 1

_____________________________________________________________________________________________

FIRST AMENDED EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND CITY ATTORNEY LORI M. ASUNCION Page 2

5. FRINGE BENEFITS. CITY agrees to provide EMPLOYEE with benefits that are consistent with benefits provided under UNREP COMP PLAN with either the exception or addition of the following:

Vacation. EMPLOYEE shall be credited with thirty (30) days of vacation as of the effective date of this First Amended Agreement and shall receive thirty (30) days annual vacation. Maximum vacation accrual is ninety (90) days.

Sick Leave . EMPLOYEE shall be credited with fifteen (15) days of sick leave as of the effective date of this First Amended Agreement and shall accrue fifteen (15) days of sick leave annually with unlimited accumulation.

Sick leave may be used in accordance with policies applicable to executives of CITY.

Professional Development . CITY shall pay for EMPLOYEE’s State of California Annual Bar Dues , costs for minimum legal education requirements, and costs for attendance at the League of California City Attorney’s Spring Conference and Annual Conference. Additionally, the CITY shall allot $7,000 for professional development to be used for Leadership development and/or mediation certification in connection with the City Attorney’s responsibility for litigation supervision.

Vehicle Allowance. EMPLOYEE will receive a monthly vehicle allowance of $500.

Technology Allowance . EMPLOYEE will receive a monthly technology allowance of $400.

Deferred Compensation. CITY agrees to contribute to EMPLOYEE’s 401 (a) or equivalent, deferred compensation plan an amount equal to twelve- and one-half (12.5%) percent of EMPLOYEE’s annual salary.

6. TERMINATION OF RELATIONSHIP. EMPLOYEE understands and agrees that City Council may terminate EMPLOYEE at any time for any reason.

a. If Council terminates EMPLOYEE without cause, the following is required:

i. EMPLOYEE agrees to immediately surrender the position of City Attorney and any and all writing s containing information relating to the conduct of the City’s business prepared, owned, used , or retained by EMPLOYEE regardless of physical form or
characteristics, and any and all equipment, tools, or other materials of whatever nature provided to EMPLOYEE by CITY in her capacity of City Attorney.

63 EXHIBIT 1

_____________________________________________________________________________________________

FIRST AMENDED EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND CITY ATTORNEY LORI M. ASUNCION Page 3
ii. EMPLOYEE shall be entitled to receive payment for all hours worked, any holiday pay due and owing, all vacation hours accrued to the day of contributions by the CITY on behalf of EMPLOYEE.

iii. City Council agrees to provide EMPLOYEE with six (6) months-worth of severance pay.

b. If Council terminates EMPLOYEE for cause, the following governs benefits owed under this agreement:

i. No severance payment shall be owed.

ii. For cause is defined as: willful misconduct, gross negligence, illegal conduct, refusal or unwillingness to perform duties , failure to adequately perform job duties , dishonesty; violation of Charter obligations, insubordination, and violation of fiduciary duties.

c. If EMPLOYEE resigns, the following is required:

i. EMPLOYEE agrees to provide City Council with two (2) weeks advance written notice.

7. ENTIRE AGREEMENT . This agreement contains the entire understanding between the PARTIES. No promise, representation, warrant or covenant not included in this agreement has been or is relied on by any party hereto.

8. SEVERABILTY. If any portion of this agreement is deemed invalid or unenforceable, the remainder of this agreement shall not be affected and shall remain in full force and effect to the greatest extent permitted by law.

9. AMENDMENTS. This agreement may be amended only in writing and duly authorized and executed by both parties.

EMPLOYEE CITY OF STOCKTON

LORI M. ASUNCION KEVIN J. LINCOLN II

CITY ATTORNEY MAYOR

ATTEST: APPROVED AS TO FORM:

KATHERINE ROLAND, CMC, CPMC TARYN N. JONES

INTERIM CITY CLERK ASSISTANT CITY ATTORNEY
64 City of Stockton
Legislation Text
File #: 24-0989, Version: 1

APPOINTMENT TO THE STOCKTON CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION

Summary
The Civil Service Commission currently has one vacancy due to a resignation. The first step towards filling the stated vacancy was to recruit and engage the public to complete an application and interview. On September 25, 2024, the City Clerk’s Office held interviews, at which Rev. Dwight Williams was the only candidate to appear. The interview was recorded and broadcasted on the City’s website so that they could be viewed through the archive by the members of the City Council before tonight’s meeting.

DISCUSSION
Background
Pursuant to Stockton Charter Article XXV, Sections 2502 and 2503, the City Council appoints the five -member Civil Service Commission; each term is for three years. The function of the Stockton Civil Service Commission is as follows:
· To adopt, amend or repeal rules for the Civil Service System · To investigate either upon complaint or upon its own motion concerning any matter touching the administration of the Civil Service Commission
· To act in an advisory capacity to the City Manager on problems concerning personnel administration
· As provided by rule, to hear appeals of dismissals, demotions, or reductions submitted by any person in the competitive service. Prepare or cause to be prepared a written statement of facts, findings, and recommendations on every appeal. The effect of the Commission’s recommendation in case of discharge, demotion or reduction shall be final and binding upon all parties.
· To make an annual report and such other reports as it deems desirable to the City Council covering the administration of the personnel system.

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Present Situation
Council Policy 3.02.010 Section 11. F. provides that if the number of applicants is less than or equal to the number of vacancies, Council may proceed to fill any number of vacancies from the available list. Rev. Dwight Williams is the only applicant for the one vacancy.

Subject to Council ratification, it is recommended that Rev. Dwight Williams be appointed to a three- year term commencing immediately and ending December 31, 2027.

FINANCIAL SUMMARY
Civil Service Commissioners receive $25.00 remuneration per meeting with a monthly maximum of $150.00. Sufficient funds are available in account number 010-1621-510.01-12: Compensation Boards and Commissions, for this purpose.

Attachment A - Redacted Applications
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66 Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Question applies to Civil Service Commission-Equal Employment Commission Concurrent Date of Birth
Ethnicity
Gender
What district do you live in? *
District 3
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
3 years plus
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Dwight E Williams
Stockton CA
Dwight E Williams

ATTACHMENT A
Submit Date: Sep 19, 2024
67 Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
If yes, please list
City Manager Review Board
Which Boards would you like to apply for?
Civil Service Commission-Equal Employment Commission Concurrent: Submitted Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

I have a deep passion for public service
Dwight E Williams
Attachment A
68 Please state the reason you would like to be a member of this board/commission.

I feel that I bring many years of experience serving on the Stockton Planning Commission from 2005 to 2009. Serving on Measure A Advisory Committee for 5 years as well as Measure W for several years, I know how to be a positive contributor to the committee process.

Have you served on an advisory group before?
Yes No
If yes, please explain.

Planning Commission, Measure A , Measure W
How did you hear about the position?
Online
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Question applies to multiple boards
I consent to the City of Stockton verifying my voter registration, if required.

Yes No
Dwight E Williams
Attachment A
69 Question applies to multiple boards
If your name, address, city or zip code are different on your voter registration, please explain and give us the correct information below:

Submit Application
Enter Your Initials:

DW
Date Signed
9/19/2024
Dwight E Williams
Attachment A
70 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPOINTING ONE MEMBER TO THE STOCKTON CIVIL

SERVICE/EQUAL EMPLOYMENT COMMISSION

There is one vacancy on the Stockton Civil Service/Equal Employment Commission due to a commissioner resignation; now, therefore,

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

The City Council hereby appoints Rev. Dwight Williams to serve on the S tockton Civil Service/Equal Employment Commission for a term commencing immediately and ending December 31, 2027.

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

71 City of Stockton
Legislation Text
File #: 24-0991, Version: 1

APPROVAL OF CITY COUNCIL MINUTES

RECOMMENDATION
Approve the minutes from the City Council meetings of September 10, 2024 and September 17, 2024 Attachment A - 2024-09-10 Minutes
Attachment B - 2024-09-17 Minutes
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72 Attachment A
73 Attachment A
74 Attachment A
75 Attachment A
76 Attachment A
77 Attachment A
78 Attachment A
79 Attachment A
80 Attachment A
81 Attachment B
82 Attachment B
83 Attachment B
84 Attachment B
85 Attachment B
86 Attachment B
87 Attachment B
88 Attachment B
89 Attachment B
90 Attachment B
91 Attachment B
92 Attachment B
93 Attachment B
94 City of Stockton
Legislation Text
File #: 24-0985, Version: 1
APPROVE THE SECOND FOLLOW-UP RESPONSE TO THE 2023-24 SAN JOAQUIN CIVIL GRAND JURY SECOND LOOK AT CASE NO. 0318 COLD CASES IN SAN JOAQUIN COUNTY:

ON THE BACK BURNER

RECOMMENDATION
It is recommended that the City Council approve by motion the City’s second, follow-up response to the 2023-24 San Joaquin Civil Grand Jury’s Second Look at the 2018-19 Report, Case No. 0318, Cold Cases in San Joaquin County: On the Back Burner.

It is also recommended that the City Council authorize the City Manager to submit all approved responses to the San Joaquin Grand Jury on behalf of the City and Council.

Summary
Each year it is the duty of the San Joaquin Civil Grand Jury to examine and investigate the activities of local government and agencies within San Joaquin County. The 2023-2024 Civil Grand Jury conducted two new investigations, four second look reviews of prior follow-up reports, and issued four additional follow-up reports. Of these ten items, the City of Stockton is required to respond to four.

Today’s item is presenting for approval the City’s second, follow-up response to the 2023-24 Grand Jury’s Second Look at Case No. 0318 “Cold Cases in San Joaquin County: On the Back Burner” (Attachment A).

DISCUSSION
Background
California Penal Code 933 requires that “a grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity […]” and “no later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under control of the governing body […].”
Of the work completed by the 2023-24 Grand Jury, the City of Stockton is required to respond to the following four of ten investigations:
· New Investigation: City of Stockton: Crisis in Government, Case No. 0123 · Second Look: Cold Cases in San Joaquin County: On the Back Burner, 2018-19 Report, Case No. 0318
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95 File #: 24-0985, Version: 1
· Second Look: Illegal Dumping: Talking Trash, 2019-20 Report, Case No. 0519 · Follow-Up Report: School Safety in San Joaquin County: Developing a Culture of Safety, 2022 -23 Report, Case No. 0322
On August 20, 2024, by motion 2024-08-20-1210, the City Council approved the City’s initial 90-day response to the full 2023-24 report, preliminarily addressing all four investigations with information available at that time and confirmed timelines for the City to provide additional information, as necessary, and as required by the Grand Jury. The portion of the City’s 90-day response specific to Cold Cases has been included in this item as Attachment B.

The City will provide the Grand Jury with a second, follow-up response to Case No. 0123, Crisis in Government in April 2025.

In September 2024, the City submitted to the Grand Jury its second, follow-up response to Case No. 0519, Illegal Dumping following Council approval of the City’s amendment Stockton Municipal Code Title 8.104, adding the Illegal Dumping Ordinance and Resolution 2024-09-10-1601.

A follow-up response to Case No. 0322, School Safety in San Joaquin County is not required at this time.

The City is now presenting its second, follow-up response to Case No. 0318, Cold Cases in San Joaquin County for Council review and approval.

Present Situation
The 2023-24 report states that “the 2018-2019 San Joaquin County Civil Grand Jury investigated the status of cold case investigations and concluded that the County lacked leadership, staff, desire, and funding: what were called cold case units were basically nonexistent units.” The 2018-19 Civil Grand Jury identified 8 areas of concern for cold case investigations.

The 2023-24 Civil Grand Jury determined that a second look at the status of cold cases was warranted. The Law and Justice Committee wanted to determine the status of cold case investigations in San Joaquin County today and assess/determine the impact of the 2018-2019 Civil Grand Jury report. As part of their second look, the 2023-24 Grand Jury reviewed previously issued reports and agency responses, presentations from each agency named, interviews with some of the agencies, and site visits.

At the conclusion of their process, the 2023-24 Grand Jury issued one new finding and two recommendations, the first of which instructed all Agencies to review and implement the recommendations from the 2018-19 report. The City has prepared a draft response to the 2018-19 Recommendations R1, R2, R5, R8, and R10 (Attachment C).

If approved, the City Manager will submit the City’s response to the San Joaquin Civil Grand Jury on behalf of the City and Council.

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FINANCIAL SUMMARY
Approving the City’s second, follow-up response to the 2023-24 Grand Jury’s Second Look at Case No. 0318, Cold Cases in San Joaquin County: On the Back Burner, will not impact the City’s General or Special Funds in any way.

Attachment A - 2023-24 Second Look at Cold Cases Report Attachment B - Previously Submitted Response to Cold Cases Item Attachment C - Second Follow-up City Response to Cold Cases in SJ County, Case No. 0318 City of Stockton Printed on 9/26/2024Page 3 of 3
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97 43

2023-2024 San Joaquin County Civil Grand Jury
Second Look

Micke Grove Zoo: Honoring the Past, Securing the Future (2018-2019 Case No. 0218) Introduction

The 2023-2024 San Joaquin Civil Grand Jury decided to take a “Second Look” at issues addressed in previous Civil Grand Jury Reports. This decision was based on concerns of the current Civil Grand Jury and citizen complaints.

The 2023-2024 San Joaquin Civil Grand Jury reviewed selected previous reports along with the appropriate agencies responses to ascertain whether or not the reports and/or any implemented recommendation made any significant impact, positive changes, created more efficiency in County operations, or simply made no difference at all.

ATTACHMENT A
98 50
2023 - 2024 San Joaquin County Civil Grand Jury
Second Look:
2018-2019 San Joaquin County Civil Grand Jury Report
Cold Cases in San Joaquin County: On the Back Burner Case # 0318 Summary
Every year, the San Joaquin County Civil Grand Jury, Law and Justice Committee is charged with reporting the status of and/or investigating matters pertaining to law enforcement, including police, juvenile justice, public protection, probation issues, and inspecting detention facilities within the county. This year’s Civil Grand Jury determined the status of cold cases was also warranted. The 2018-2019 San Joaquin County had produced a report San Joaquin County Civil Grand Jury Report:

Cold Cases in San Joaquin County: On the Back Burner Case # 0318. The Law and Justice Committee determined this report gave a thorough and accurate assessment of the status of cold case investigations in San Joaquin County. However, the Civil Grand Jury decided to take a “Second Look” at the current status of cold cases. The report made ten recommendations that all the law enforcement agencies agreed to implement or least partially implement. Complete copies of the original report, all follow up reports, and the agencies responses can be found on the San Joaquin County Civil Grand Jury website at https://www.sjcourts.org/divisions/civil-grand-jury .

ATTACHMENT A
99 51
Background
The 2018-
2019 San Joaquin County Civil Grand Jury investigated the status of cold case investigations. They concluded that the County lacked leadership, staff, desire, and funding: what were called cold case units were basically nonexistent units.

The Civil Grand Jury found 8 items/areas of concern for cold case investigation:
• Definition of cold cases
• Counting cold cases
• Clearance rates
• Staffing
• Funding
• Investigating
• Solving cold cases in San Joaquin County
• Maintaining contact with family of cold case victims
The
ir investigation led to the following ten recommendations:
• R1 Each law enforcement agency in San Joaquin County develop a plan to define, prioritize, and digitally track cold case investigations no later than December 31, 2019. Prioritization will emphasize available physical evidence and utilize emerging DNA testing techniques. • R2 Ea
ch law enforcement agency in San Joaquin County expands their definition of “cold case” to include missing persons with suspicious circumstances, and sexual assault (forcible rape and attempted rape), in addition to homicide no later than December 31, 2019. • R3 T
he San Joaquin County Sheriff utilize budget options and staffing reassignments as necessary to provide the equivalent of at least three full-time Sheriff’s Detectives dedicated solely to cold case investigations no later than December 31, 2019.

ATTACHMENT A
100
52 • R4 The San Joaquin County District Attorney utilize budget options and staffing reassignments as necessary to provide the equivalent of at least two full-time District Attorney Investigators dedicated solely to cold case investigations no later than December 31, 2019.
• R5 T
he City of Stockton utilizes budget options and staffing reassignments as necessary to provide the equivalent of at least three full-time Police Detectives dedicated solely to cold case investigations no later than December 31, 2019.
• R6 The San Joaquin County District Attorney’s Office develop a plan for a Cold Case Task Force to facilitate collaboration in investigating and prosecuting cold cases for all law enforcement agencies in San Joaquin County no later than December 31, 2019. • R7 T
he San Joaquin County District Attorney’s Office establish a Cold Case Task Force for all law enforcement agencies in San Joaquin County no later than March 31, 2020. • R8 E
ach law enforcement agency in San Joaquin County signs a Partnership and Cooperation Agreement with the newly formed Cold Case Task Force no later than March 31, 2020.
• R9 T
he newly formed Cold Case Task Force partner with the regional CA-DOJ crime laboratories to facilitate the timely and necessary testing of all DNA evidence for cold case investigations no later than March 31, 2020.
• R10 Ea
ch law enforcement agency in San Joaquin County develops a procedure and practice for maintaining periodic contact with family members of cold case victims no later than March 31, 2020.

ATTACHMENT A
101
53 Reason for Investigation
The 2023-
2024 San Joaquin County Civil Grand Jury Law and Justice Committee wanted to determine the status of cold case investigations in San Joaquin County today and assess/determine the impact of the 2018-2019 Civil Grand Jury report. Departmental presentations included an update of cold case investigations revealed very little progress.

Method of Investigation
The cu
rrent Law and Justice Committee sent cold case surveys to all law enforcement agencies in the County to gauge the status of cold case investigations. The response to the surveys was disappointing and the various agency presentations made it clear not much had changed with one notable exception, the San Joaquin County Sherriff’s Office.

Materi
als Reviewed
• 2018-2019 San Joaquin County Civil Grand Jury Report. “Cold Cases in San Joaquin County: On the Back Burner #0318”
• 2019-2020 San Joaquin County Civil Grand Jury Follow-up Report. “Cold Cases in San Joaquin County: On the Back Burner #0318”
• 2023-2024 San Joaquin County Civil Grand Jury Cold Case Surveys Presentations
• Tracy Police Department
• Manteca Police Department
• Lodi Police Department
• Ripon Police Department

ATTACHMENT A
102
54 • Lathrop Police Department
• Stockton Police Department
• San Joaquin County Sheriff’s Office
• San Joaquin County District Attorney’s Office
• Escalon Police Department
Int
erviews Conducted
A total of seven people from three agencies involved with cold case investigations were interviewed.

Sites Visited
• San Joaquin County Sheriff’s Office
• Escalon Police Department
Discu
ssions, Findings, and Recommendations
When t
he 2018-2019 San Joaquin County Civil Grand Jury began their investigation of cold cases in San Joaquin County, they found that only three agencies claimed to have a dedicated or semi- dedicated cold case unit. They were the San Joaquin County Sheriff’s Office, the Stockton Police Department, and the District Attorney’s Office.

The
Sheriff’s Office had a cold case unit that consisted of two deputies and a sergeant. Upon further investigation it was discovered that due to staff vacancies, the two deputies and the sergeant were assigned to other units, leaving virtually no one to work on cold cases.

ATTACHMENT A
103
55 The Stockton Police Department’s cold case unit consisted of one retired annuitant. He had limitations due to the number of hours he could work in a year. He also had not been recertified as a police officer and was restricted from performing certain duties.

The
District Attorney’s Office had two assigned cold case investigators. At the time, one investigator was on loan to the Tracy Police Department and the other was assigned duties unrelated to cold cases.

No othe
r law enforcement agencies had any dedicated cold case unit or staff. Most cold cases were assigned to the Sheriff’s Office.

Aft
er the 2018-2019 Civil Grand Jury released their report, there was consensus that cold cases had not received the attention and consideration they deserved and should be given a higher priority.

Those who responded to the report agreed to either implement or partially implement the report recommendations pending budget approval, departmental reorganization, and availability of staffing and other resources.

San Joaq
uin County Sheriff’s Office
The Sheriff’s Office has formed a Cold Case Unit, consisting of (1) Lieutenant, (1) Sargeant, and (4) Detectives who also investigate “in-house” crimes, jail incidents, and officer involved shootings.

Their definition of cold cases includes unsolved homicides, long-term missing persons, and violent sexual assaults. The SJCSO cold case database, that includes only SJCSO cases, which could be expanded to include all other law enforcement agencies in the County. All assigned staff regularly attend outside cold case schools and training. They keep up with the latest innovations in investigative technology and techniques, especially those specific to cold case investigations.

The SJ
CSO are aware of the Stockton Police Department’s and the San Joaquin County District Attorney’s cold case investigators, but do not have any formal or regular working relationship with

ATTACHMENT A
104
56 them. The Stockton Police Department (SPD) was not aware of the County Cold Case Task Force and was not sure how a task force would work or if it would be beneficial.

The S
heriff’ Office should be commended for their follow through on the 2018-2019 Civil Grand Jury recommendations.

Sto
ckton Police Department
The only improvement related to Cold Cases since the 2018-2019 Civil Grand Jury report is that the retired annuitant has been recertified as a peace officer and can now perform all investigating functions without relying on another officer. None of the Civil Grand Jury recommendations were implemented.

San
Joaquin County District Attorney’s Office (DA)
There has been little to no change in the DA’s “Cold Case Unit” including the number of cold case investigators, and their time is divided among other responsibilities. The Chief Deputy District Attorney heading up the cold case unit is also assigned to prosecute current homicide cases.

The D
A’s office has no internal cold case database. Because cold cases are a low priority, funding for DNA and lab testing is limited.

Cold
Case Task Force (TF)
The 2018-2019 Civil Grand Jury had proposed a county-wide TF with the District Attorney’s Office as the lead agency. There is no county-wide TF. The core membership would have been the three largest agencies, the SJCSO, SPD, and the District Attorney’s Office. All other agencies were encouraged to join. Members would share resources, information, and training which would result in everyone investigating cold cases using the same investigative techniques. All agencies would be on the same page and could step in for one another should the need arise. It would improve

ATTACHMENT A
105
57 communication and cooperation among agencies. A TF could also leverage their status to obtain agreements with outside laboratories much the same as Tracy Police Department does. Cold cases could also be distributed to other agencies lessening the load of the three main agencies.

Santa Clara County appears to have a well-functioning cold case task force that could be used as a model for San Joaquin County law enforcement agencies.

1.0 FINDINGS
F. 1.0: Overall, county law enforcement agencies failed to implement the 2018-2019 Civil Grand Jury recommendations. All agencies seemed set on continuing as they were, and are protective of their processes, their cases, and their procedures. The failure to implement the 2018-2019 recommendations came down to three factors:
• Lack of leadership
• Lack of desire
• Pandemic disruptions
During the period just after the 2018-2019 Civil Grand Jury there was a disruption of leadership in the Stockton Police Department and a new District Attorney was elected.

The police chief retired and a new chief was hired and faced many challenges to make the department his. It is obvious cold cases were not a priority as there were many improvements that could have been made. For example, hiring more retired annuitants, setting up a new database, using volunteers for data entry of non-sensitive information even having a volunteer to answer phones. He has now been on the job since 2022 and it is time to prioritize cold cases.

A ne
w District Attorney was elected, and has been reorganizing his Office but has not prioritized the cold case unit.

The P
andemic delayed the implementation of recommendations; however, improvements could have been made such as purchasing equipment, setting up databases, and Zoom trainings related to cold

ATTACHMENT A
106
58 cases. The Sheriff’s Office did manage to implement many of the recommendations in spite of the Pandemic.

Wit
h over 500 cold cases, it’s time to get back on track and recommit to implementing those recommendations.

RECOMMENDATIONS
R. 1.0: By October 1, 2024, all Law Enforcement Agencies review and implement the recommendations from the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County:

On the Back Burner” Case #0318. (These recommendations can be found in the original Civil Grand Jury report and on pages 2 and 3 of this report).

R. 1.1: By October 1, 2024, the task force should be formed and implemented with the San Joaquin County Sheriff’s office as the lead agency.

Conclusion
All of the law enforcement agencies agreed with the 2018-2019 Civil Grand Jury’s Findings and Recommendations but did not implement them. The one exception, the San Joaquin County Sheriff’s Office followed through on most of the recommendations.

Disclaimers
Civil Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Civil Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911. 924.1 (a) and 929). Similarly, the Civil Grand Jury is precluded by law from disclosing the identity of

ATTACHMENT A
107
59 witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929).

Response Requirements
California Penal Code Sections 933 and 933.05 require that specific responses to all findings and recommendations contained in this report be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report.

The S
an Joaquin County Board of Supervisors shall respond to all findings and recommendations of this report and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318.

The S
tockton City Council shall respond to all Findings and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R5, R8, and R10.

The E
scalon City Council shall respond to all Findings and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R8, and R10.

The L
odi City Council shall respond to all Findings and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R8, and R10.

The
Manteca City Council shall respond to all Findings and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R8, and R10.

ATTACHMENT A
108
60 The Ripon City Council shall respond to all Findings and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R8, and R10.

The T
racy City Council shall respond to all Findings and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R8, and R10.

The S
an Joaquin County District Attorney shall respond to all Findings, where applicable and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R4, R6, R7, R8, R9 and R10, within 60 days of receipt of the report.

Mail o
r hand deliver a hard copy of the response to:

Honorable Gus C. Barrera II, Presiding Judge
San Joaquin County Superior Court
180 E Weber Ave, Suite 1306J
Stockton, California 95202
Also, please email a copy of the response to Mr. Irving Jimenez, Staff Secretary to the Civil Grand Jury, at
[email protected]

ATTACHMENT A
109

ATTACHMENT B
110

ATTACHMENT B
111
Page
1 of 4
Sept
ember 27, 2024 Via Email:
ci
[email protected]
Har
ry Black, City Manager
City of Stockton
425 N. El Dorado St.

Stockon, CA 95202
CIT
Y OF STOCKTON 2nd FOLLOW-UP RESPONSE TO 2023 -24 SAN J OAQUIN COUNTY CIVIL GRAND JURY REPORT “SECOND LOOK - 2018-2019 SAN

JOAQUIN COUNTY CIVIL GRAND JURY REPORT ON COLD CASES IN SAN JOAQUIN COUNTY: ON THE BACK BURNER” CASE # 0318________________ The C
ity of Stockton received the above-named Grand Jury report on Tuesday, June 18, 2024, when the Civil Grand Jury posted the revised copy of the 2023-2024 full and final report on its website. In accordance with Sections 933 and 933.05 of the California Penal Code, specific responses to all findings and recommendations contained in the report are to be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report . As such, the City of Stockton Police De partment offers the following responses to the 2023- 2024 Civil Grand Jury’s second look into the 2018-2019 report titled “Cold Cases in San Joaquin County: On the Back Burner” Case # 0318.

In A
ugust of 2024, with motion 2024- 08-20-1210 the City of Stockton, and the Stockton City Council accept ed the 2023-24 San Joaquin County Civil Grand Jury Second Look Report titled “Cold Cases in San Joaquin County: On the Back Burner” Case # 0318 and acknowledge Finding F1.0 contained within. This same action also approved the City’s first response to the report, dated August 15, 2024, and attached to the current item as Attachment B.

The Ci
ty of Stockton Police Department offers the following responses to the 2018-19 Grand Jury recommendations. These responses will be presented to the Council for consideration and approval during its public meeting on October 1, 2024. If approved, the City Manager will submit SPD’s second, follow -up response to the Grand Jury Case No. 0318 on behalf of the City and Council.

POLICE DEPARTMENT HEADQUARTERS
22 E. Weber Ave  Stockton, CA 95202-1951  209 / 937-8217  Fax 209 / 937-8894 www.stocktonca.gov

ATTACHMENT C
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Page 2 of 4 ends

Recommendations & R esponses:

R1.0 By October 1, 2024, all Law Enforcement Agencies review and implement the recommendations from the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318.

CITY RESPONSE:

The respondent has reviewed the 2018- 2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, previously submitted responses, current policy and practice, and provides the following response to each of the recommendations contained therein.

R1: 2018-2019
Each law enforcement agency in San Joaquin County develop a plan to define, prioritize, and digitally track cold case investigations no later than December 31, 2019. Prioritization will emphasize available physical evidence and utilize emerging DNA testing techniques.

CITY RESPONSE:

As provided in the 2019 response, the respondent agrees with this recommendation. The Stockton Police Department (SPD) defines cold case investigations as open cases in which all workable investigative leads have been exhausted. The SPD places the highest priority on safeguarding the lives of all those in the community we serve.

The SPD also remains committed to being on the cutting edge of technology.

Accordingly, the SPD will place the highest priority on cold cases in which there has been a loss of life and where physical and/or forensic evidence that can be analyzed exists. The SPD will also place a priority on other types of cold cases in which physical and/or forensic evidence exists. The SPD tracks the status of their cases in its Tiburon Records Management System.

R2: 2018-2019
Each law enforcement agency in San Joaquin County expands their definition of “cold case” to include missing persons with suspicious circumstances, and sexual assault (forcible rape and attempted rape), in addition to homicide no later than December 31, 2019.

CITY RESPONSE:

As in 2019 , the respondent agrees with this recommendation. The SPD’s current definition of “cold case” includes all the above types of cases, including missing persons with suspicious circumstances and sexual assault (forcible rape and attempted rape), in addition to homicide.

R5: 2018-2019
The City of Stockton utilizes budget options and staffing reassignments as necessary to provide the equivalent of at least three full-time Police Detectives

ATTACHMENT C
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Page 3 of 4 ends

dedicated solely to cold case investigations no later than December 31, 2019.

CITY RESPONSE:

The respondent partially agrees with this recommendation. Immediately following the 2014 passage of Measure A, the SPD developed a long- range staffing expansion plan to replenish the sworn positions lost during the financial crisis and municipal bankruptcy , which included replenishing staff within the Investigations Division . Due to unforeseen circumstances, along with some anticipated attrition, a number of staff continue to be redeployed from investigative units to Field Operations/ Patrol.

The SPD currently has two part -time assignments dedicated to cold case investigations. In addition, the SPD’s team of twenty -four investigators assigned to active cases are all trained on cold case investigative techniques and work with the cold cases staff to appropriately monitor and transition cases to active status as new, workable leads are discovered.

With the reauthorization of Measure A in 2024, the SPD continues to remain committed to recruitment and retention, whic h includes consideration of dedicated full-time staff assignments like cold case investigations, as the strategic staffing plans allows, however these particular assignments have yet to happen due to many new hires still in training.

R8: 2018-2019
Each law enforcement agency in San Joaquin County signs a Partnership and Cooperation Agreement with the newly formed Cold Case Task Force no later than March 31, 2020.

CITY RESPONSE:

The respondent partially agrees with this recommendation. The SPD will review and earnestly consider joining any new regional cold case task force, within our available capacity and resources. The SPD believes this type of task force is most effectively used for those cases which cross jurisdictional boundaries.

R10: 2018-2019
Each law enforcement agency in San Joaquin County develops a procedure and practice for maintaining periodic contact with family members of cold case victims no later than March 31, 2020.

CITY RESPONSE:

The respondent agrees with this recommendation. The SPD currently maintains a database of all homicide cases and ensures contact is made with the primary family liaison on a regular basis. Specifically, the SPD contacts the primary family liaison no less than once a month for no less than one year. The SPD maintains monthly contact with the primary family liaison beyond that timeframe if the case remains active. Once the case is deemed “cold,” the primary family liaison is advised , and the SPD continues to maintain contact

ATTACHMENT C
114

Page 4 of 4 ends

with the primary family liaison no less than once per year. The SPD plans to institute this same basic strategy on other types of cold cases once adequate staffing is realized.

R1.2 By October 1, 2024, the task force should be formed and implemented with the San Joaquin County Sheriff’s office as the lead agency.

CITY RESPONSE:

The SPD will review and consider joining any new regional task force, within our available capacity and resources. The SPD believes this type of task force is most effectively used for those cases which cross jurisdictional boundaries. (previously submitted as part of SPD’s August 15, 2024 response)

Respectfully,

STANLEY MCFADDEN

CHIEF OF POLICE

ATTACHMENT C
115
City of Stockton
Legislation Text
File #: 24-0256, Version: 1

APPROVE SALE OF EXEMPT SURPLUS PROPERTY LOCATED AT DIAMOND STREET AND

EAST WORTH STREET

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

2. Authorizing the disposition of the City-owned parcel located at Diamond Street and East Worth Street to Stockton Tri Industries LLC in the amount of $10,000.

3. Authorizing the City Manager, or designee, to execute the Purchase and Sale Agreement with Stockton Tri Industries LLC.

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

Summary
The property located at Diamond Street and East Worth Street was acquired by the City at an undefined date, for use as a water well site that has since been removed and is no longer in use. An offer of $10,000 has been received from Stockton Tri Industries LLC (“Buyer”), owner of the adjoining property. All City Departments were surveyed to determine the property as surplus, and City Council authorized the surplus designation on August 22, 2023 (Attachment A - Resolution 2023-08-22-1208).

Disposition of this parcel will allow the property to serve a useful purpose and provide revenue to the City. This action will allow for City-owned real property, which is unnecessary for present or prospective public use, to be eliminated from the maintenance program, thereby reducing future City costs. Staff recommends that the City Council adopt the proposed resolution for the disposition of real property located at Diamond Street and East Worth Street, APN 155-300-02, in the amount of $10,000 (Attachment B - Vicinity Map and Attachment C - Aerial Map).

DISCUSSION
Background
Administrative Directive HRD-02 (Attachment D - HDR-02) establishes standard procedures for the sale of real property belonging to the City. Specifically, the procedures allow all real property that is City of Stockton Printed on 9/26/2024Page 1 of 3
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File #: 24-0256, Version: 1
surplus to the City’s present and anticipated future needs to be sold and serve a useful purpose, be returned to the active tax rolls, and provide revenue to the City’s General Fund. HRD-02 requires that any department that becomes aware that a City property is no longer necessary for use notify the Economic Development Department (EDD), which will explore the possibility of disposing of the property. EDD will initiate the process by circulating details about the property to all City Departments to determine if the property is excess. Once the property is deemed excess, EDD submits the property to the City Manager, together with a recommendation that the property be declared excess and sold. The Council must approve the disposition of City real property.

The State of California’s Surplus Land Act (AB 1486) requires that the City send notices offering the property first to public agencies and any developers who have notified the California Department of Housing and Community Development (HCD) of their interest in developing affordable housing on surplus land. Public agencies and developers will have sixty (60) days to notify the City in writing of interest in purchasing or leasing any properties. Should the City receive notification from a party interested in acquiring or leasing the subject property, a 90-day good faith negotiation period begins to determine if a mutually satisfactory sales price and terms can be agreed upon. If the price or terms cannot be agreed upon after the good faith negotiation period, the land may be disposed of. If the City receives no inquiries, it may then list the subject property for sale or solicit proposals for development. This process must be followed before the City can dispose of most City-owned real property assets. Because the subject property was deemed exempt surplus by Resolution 2023-08- 22-1208, the City was not required to comply with all noticing requirements of the Surplus Land Act.

The Diamond and East Worth Street property consists of approximately 0.09-acres of vacant land, is zoned IG (Industrial), and is a former well site.

Present Situation
In February 2024, City staff and Buyer agreed to a purchase price of $10,000 for the parcel. Given that the subject parcel is small in size and predominantly surrounded by the Buyer’s existing parcel, staff believes $10,000 is a fair market valuation. The Buyer intends to incorporate the parcel into a planned facility improvement project that is currently under review by the City. The parcel will primarily be used for storage of materials to be used in their operations.

NOTIFICATION
As required for the lease or sale of real property, a notice in accordance with the provisions of Article V, Section 510, of the Charter of the City of Stockton was published in the official newspaper of the City at least ten (10) days before such action is taken. A public notice was published in the legal notice section of The Record
on September 20, 2024.

ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this activity/project regarding the sale of the property located at Diamond Street and East Worth Street, APN 155-300- 02, is Categorically Exempt under CEQA Guidelines and is granted a “general rule exemption” under Section 15061(B)(3).

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In accordance with Section 65402 of the Government Code, it has been determined that this project or action conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.

FINANCIAL SUMMARY
If approved by Council, and upon close of escrow of the property, the gross amount of $10,000, less closing costs, advertising, filing, and miscellaneous fees, will be deposited into 0000-000-520001-100 -000-00-00-000-000-, the Disposition/Fixed Assets/Sale of Fixed Assets Fund.

Attachment A - Resolution 2023-08-22-1208
Attachment B - Vicinity Map
Attachment C - Aerial Map
Attachment D - Administrative Directive HRD-02
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ATTACHMENT A
119
No. APN ADDRESS PARCEL SIZE PARCEL SQ FT. ZONING CURRENT USE NOTES SLA EXEMPT 1 079-053-16 435 Don Carlos Avenue 0.04 acres 1,904.86 sq ft RL - Low Density Residential Vacant Land Previous water well site X 2 151-310-12 E Scotts Avenue & E Taylor Street 0.17 acres 7,819.45 sq ft ROW - Right of Way Vacant Land Right of Way X 3 155-300-02 Diamond & Worth 0.09 acres 4,000.10 sq ft IG - Industrial Vacant Land Previous water well site X 4 169-020-11 1501 S Airport Way 2.53 acres 108,455.24 sq ft CG - Commercial Vacant Land 5 169-030-13 1516 S Union Street 0.68 acres 28,949.40 sq ft CG - Commercial Vacant Land

CITY EXCESS PROPERTY

ATTACHMENT A
120
City of Stockton, CA April 30, 2024
Diamon d & Worth APN 155-30 0-02 - Vicini ty Map
Property Information
Property ID 15530002-9999999
Location -no addresses on property-
Owner STOCKTON, CITY OF

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 440 ft

ATTACHMENT B
121
City of Stockton, CA April 30, 2024
Diamon d & Worth APN 155-30 0-02 - Aerial Map
Property Information
Property ID 15530002-9999999
Location -no addresses on property-
Owner STOCKTON, CITY OF

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 110 ft

ATTACHMENT C
122

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.1 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
I. PURPOSE
To establish standard procedures for the sale of real property belonging to the City of Stockton in order to identify individual and departmental responsibilities.

II. POLICY
Real Property that is surplus to the City's present and anticipated future needs should be considered for sale in order that it may serve a useful purpose, be returned to the active tax rolls, and provide revenue to the City General Fund.

III. PROCEDURE
A. Any department, upon becoming aware that a property is no longer necessary for use, shall notify the Housing and Redevelopment Department (HRD) which will investigate the possibility of a sale. HRD shall initiate the process by circulating a sketch of the property to all City Departments to determine if it is excess to City needs and if any easements must be reserved for existing City utilities or future use.

B. Upon receipt of department responses and providing the property is not required for any City purpose, HRD shall submit a map of the property to the City Manager together with a recommendation that the property be declared excess and sold.

C. The City Manager shall advise the City Council that the property is excess and a sale will be attempted.

D. Upon declaration by the City Manager that the property is surplus, the Housing and Redevelopment Department, Real Property Section, shall:

1. Request the Public Works Department to prepare a map and legal description of the parcel. The legal description should contain a reservation of mineral rights below a depth of 500 feet.

ATTACHMENT D
123

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.2 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06

2. Obtain and place a "For Sale" sign on the surplus property.

3. Negotiate appraisal fee and order appraisal from a qualified independent appraiser. A qualified member of the Real Property Section staff may perform a staff estimate in cases where value is nominal or if otherwise directed by the City Manager.

4. Coordinate with appraiser to develop appraisal assumptions and limiting or special conditions.

5. Upon receipt or completion of the appraisal, conduct a staff appraisal review and have the appraiser make modifications or corrections, if necessary.

6. Submit a written appraisal review to the City Manager with recommendations for establishing a minimum sales price and the method of sale. The City Manager's execution and return of the approved appraisal review shall constitute authorization to proceed with the sale of the subject property.

7. Determine if the property is capable of independent development based on parcel size, frontage and setback requirements and provisions of applicable planning and zoning ordinances. a. If the property is not capable of independent development, it would first be offered to all adjoining property owners at the appraised value with the condition that any subsequent sale would require a lot merger of the subject parcel with the abutting owner's property. If more than one adjoining owner is interested in acquiring the subject property, the sale will be referred to the Finance Department, Purchasing Agent, to conduct a private bid sale between adjoining owners together with a recommendation for a minimum bid price (generally no less than 80% of appraised value). If no purchaser is identified by this process, the property would then be offered to the

ATTACHMENT D
124

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.3 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
general public.
b. If the property is capable of independent development, notices offering the property for sale at current market value shall be sent to various public agencies pursuant to Government Code Section 54220, et seq. and if no purchaser is identified by this process, the property shall be offered for sale to the general public.

8. Sale to General Public.
a. When the subject property is capable of independent
development but not purchased by a public agency, and in those cases where the abutting owner(s) of property incapable of independent development are not interested in purchasing, the property shall be referred to the Finance Department, Purchasing Agent for sale to the general public. Such referral shall include documentation for the sale as appropriate, and a recommendation for either sealed bid or auction, based on the relative value of the property, the number of prospective purchasers, etc.
b. All written bids (including written bids submitted to qualify for oral bidding) shall be accompanied by a deposit of at least 10 percent of the amount of the bid in the form of a certified check, cashiers check or money order.
c. Upon completion of the oral bidding, the Purchasing Agent shall coordinate with the Real Property Section for execution of an Acknowledgment of Receipt of Earnest Money and Offer of Purchase by the successful bidder and the City. All contracts are to be approved as to form by the City Attorney's Office. d. Unsuccessful bidder's deposits shall be returned at the conclusion of oral bidding.

ATTACHMENT D
125

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.4 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
e. If after reasonable market exposure no purchaser has been identified, HRD shall submit a memorandum to the City
Manager containing a recommendation for continued sales efforts or retention of the property.

9. Request environmental clearance for the sale of the property from the Community Development Department, Planning Division, including a request for a determination as to conformity with the General Plan.

10. Prepare a Council agenda report covering the proposed property sale and submit to the City Manager. The City Attorney shall prepare the required resolution.

11. Upon approval of the City Manager, send "Notice of Intention to Sell Real Property Interest" to the City Clerk for publishing in the legal notice section of the Stockton Record.

12. Process all documents required to close escrow or otherwise complete the sale. Deposit all proceeds of sale into General Fund Account No. 010-000-461.00.00. Notify the Purchasing Agent to transfer any deposits from the in-and-out trust account to the General Fund account and notify the Finance Department, Accounting Division of the sale.

13. Update city property index and file to reflect the sale.

E. For the sale of real property without bids:

1. The City Council may, by resolution, provide for the sale of real property without first calling for bids:
a. When the bid procedure as set forth in this directive has been used and no bids have been received; or
b. When it finds that such action will be in the best interest of the City.

ATTACHMENT D
126

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
SUbject: Directive No. HRD-02 Page No.5 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Date: 9/1/02
Reviewed: 7/7/06

2. The resolution provided for in Section E(1) shall direct the City Manager to sell such property on the terms and conditions as may be specified by Council.

3. A deed, conveying the right, title and interest which the City may have in the property shall be given to the purchaser of any property sold pursuant to this Section, upon prior payment in cash, by certified check, by cashier's check, or by money order, of the full purchase price and any incidental expenses pertaining to the transaction.

APPROVED
J. GORDON P LMER, JR.

CITY MANAGER
::ODMAIGRPWISEICOS.CM.CM_Library:50801.1

ATTACHMENT D
127
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE SALE OF EXEMPT SURPLUS REAL PROPERTY

LOCATED AT DIAMOND STREET AND EAST WORTH STREET

Stockton Tri Industries, LLC has offered to purchase City of Stockton owned property located at Diamond and East Worth Street (APN 155-300-02) for $10,000; and

The 0. 09-acre property is vacant land that was a former well and an offer was received from the adjacent property owner; and

All City Departments have been surveyed to determine the property as excess, and the property was declared surplus on August 8, 2023; and

The disposition of the subject property will allow it to serve a useful purpose, be returned to the active tax rolls, and provide revenue to the City; and

The Community Development Department has determined that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “general rule exemption” under section 15061(B)(3); now, therefore,

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

1. The City Manager is authorized to approve the filing of Notice of Exemption No. NOE 37-23 under CEQA, a copy of which is attached as Exhibit 1, incorporated by this reference.

2. In accordance with section 65402 of the Government Code, this action has been determined to conform to the City’s General Plan Policy Document, as amended.

3. The City is hereby authorized to sell and convey to Stockton Tri Industries LLC a 0.09-acre site located at Diamond and East Worth St reet, as more particularly described in the Purchase and Sale Agreement, which is attached hereto as Exhibit 2, incorporated by this reference, and to settle all costs of every kind and description resulting from the disposition of said interest in real property.

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

PASSED, APPROVED and ADOPTED 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

129

MEMORANDUM
July 13, 2
023
TO:

Amanda Thomas, Real Property Agent
Economic Development Department
FR
OM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJ
ECT: CEQA NOE 37-23 – EXCESS CITY PROPERTY
The Com
munity Development Department received a request to review the above- referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). The Applicant, the City of Stockton, has excess City property , at various locations within the City limits . Please see the attached memo for more information.

In acc
ordance with Government Code §65402, the Comm unity Development D epartment determines the project is in conformance with the Stockton General Plan. This determination is based on, but not limited to, conformance with General Plan Policy, LU -6.3 (Land Use) stating, “Ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs.”
Conc
erning the California Environmental Quality Act (CEQA) determination, the Community Development Department concludes the project is Categorically Exempt under CEQA Guidelines and is granted a ‘general rule exemption’ under Section 15061(B)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is no subject to CEQA. The project is also not subject to any of the exc eptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.

Up
on approval by City Council, the Economic Development Department is advised to complete the attached Notice of Exemption (Attachment B) and file it with the San Joaquin County Clerk Office to initiate a 35-day statute of limitations on court challenges. Please retain a copy of the original posted notice within the project file in the Economic Development Department project file.

By:

Nicole
D. Moore, LEED-AP, Contract Planner
Atta
chments
Att
achment A: Request and Project Location
Attachment B: Draft Notice of Exemption
EXHIBIT 1
130

MEMORANDUM
July 12, 2023
TO:

Nicole Moore, Contract Planner
Community Development Department
FROM: Amanda Thomas, Real Property Agent
Economic Development Department
SUBJECT: EXCESS CITY PROPERTY
Please provide the appropriate environmenta l review for the above-referenced project as described below:

Project Title:

Excess City property
Applicant: City of
Stockton
Description/Location:
 435 Don Carlos Avenue (APN 079-035-16)
 E Scotts
Avenue & E Taylor Street (APN 151-310-12)
 Diamond & Worth (APN 155-300-02)
 1501 S Airport Way (APN 169-020-11)
 1516 S. Union Street (APN 169-030-13)
Also, please make the required determination as to conformity to the General Plan in accordanc
e with Section 65402 of the Government Code. If you have questions regarding this request, please direct them to me at extension 7540.

AMANDA THOMAS

REAL PROPERTY AGENT
EXHIBIT 1
131

CI TY OF STOCKTON

NOTICE OF EXEMPTION
TO: CO
UNTY CLERK FROM: Lead Agency
COUNT Y OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Economic Development Dept.

Stockton, CA 95202 400 E. Main St., 4th Floor
Stockton, CA 95202
NOT
ICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PRO

JECT DATA
Pr
oject Title: Excess City Property
CEQA Exemption File No.: NOE 37-23
Applicant: City of Stockton
Project Description/Location: The Applicant, the City of Stockton, has excess City property, at various locations within the City limits. Please see the attached memo for more information.

DET

ERMINATION/FINDING OF EXEMPTION
The abov
e-described activity/project i s exempt from the envir onmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):

The
activity is not a "project" as defined in CEQA Guidelines Section 15378.

X T he activity is ex empt under the "general rule" at CEQA Guidelines Section 15061(B)(3).

The pr oject is "Statutorily Exempt" per CEQA Guidelines Section: __________ The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).

BASIS

FOR FINDING OF EXEMPTION
The a ctivity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.

X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a signific ant effect on the environment and, therefo re, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

CAR
RIE WRIGHT, DIRECTOR July 13, 2023

ECONOMIC DEVELOPENT DEPARTMENT (DATE OF PREPARATION)
By

AMANDA THOMAS, REAL PROPERT AGENT (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________ AFF

IDAVIT OF FILING AND POSTING
I dec
lare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
________
_________________________________
Posting Period Ending Date
EXHIBIT 1
132

AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This AGREEMENT made and entered into on ____________ by and between Stockton Tri Industries LLC ("Buyer") and THE CITY OF STOCKTON, a municipal corporation in the County of San Joaquin, State of California ("Seller").

IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

1. Seller agrees to sell and grant fee title to Buyer, and Buyer agrees to purchase from Seller, that certain real property located at Diamond Street a nd Worth Street, City of Stockton, County of San Joaquin, State of California APN 155- 300-02 ("Property") and described in Exhibit "A" and Exhibit “B” attached hereto and incorporated by this reference , upon the terms and conditions set forth i n this Agreement subject to those liens, encumbrances, conditions, restrictions, easements, and rights of possession of record.

2. The total purchase price to be paid by Buyer for the Property shall be the sum of TEN THOUSAND DOLLARS ($10,000) (“Purchase Price”). Buyer will make a deposit of FOUR THOUSAND DOLLARS ($4,000) into escrow within two (2) days of mutual execution of this agreement. Deposit to become non -refundable upon expiration of the due diligence period.

3. Buyer agrees to accept the Property in its present "as is" condition based upon Buyer's own independent investigation of the Property and condition of title. Seller makes no representation or warranty as to the Property's present condition or suitability for present or future uses.

4. Cost of documentary transfer taxes, if any, shall be paid by Seller . The Cost of the CLTA insurance, Escrow fees, and Escrow Holder's customary out-of- pocket expenses for messenger services, long distance telephone, etc. shall be paid in equal parts by Buyer and Seller. Buyer to be solely responsible for any additional ALTA owner’s coverage requested on the property.

5. Taxes, assessments, penalties, interest charges, deli nquency charges, and municipal service charges of any kind levied upon or assessed against the Property in the Seller's name, except as otherwise expressly set forth herein, shall be paid by Seller to the date of recording.

6. For the purpose of conveying the herein described fee title to Buyer, Seller shall execute, acknowledge , and deliver a Grant Deed, for recordation with the San Joaquin County Recorder, to be used in accordance with this Agreement, upon completion by Buyer of all necessary conditions.

7. For the benefit of Buyer, the Close of Escrow and Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to Buyer's approval of a Preliminary Title Report issued by Old Republic Title Company 1 EXHIBIT 2
133
and Buyer will have ten (10) days from the date of this Agreement to approve the Preliminary Title Report. Buyer will have forty -five (45) days from the date of this Agreement to perform its due diligence inspections and reviews. Buyer will have 10 days from the date of this Agreement to request due diligence items from Seller and Seller will have 10 days to deliver requested items in its possession.

8. The Close of Escrow shall be no later than the first business day occurring sixty (60) days after the date of this Agreement . Each party agrees to execute escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement.

9. Buyer acknowledges that if desired, it will perform its own due diligence inspections of the property and agrees to hold the Seller harmless as to the condition of any improvements located on the property at time of close of escrow. Buyer agrees that the information obtained from Seller or pursuant to any inspections completed by Buyer shall be kept in confidence and will not be revealed to outside parties other than lenders, principals, affiliates, or clients or as required by law or for valid business purpose of Buyer.

10. Buyer acknowledges that a lot merger must be filed and approved prior to any subsequent sale of the subject parcel and/or Buyer ’s abutting pro perty, at Buyer ’s sole expense, for the p urposes of merging the subject parcel with the Buyer ’s abutting property located at 2141 E . Anderson Street (APN 15 5-300-05), as required by Administrative Directive HRD-02.

11. Buyer agrees to indemnify, save, hold harmless, and at City’s request, defend the City, its officers, officials, employees, and volunteers (together with Seller, the “Indemnitees”) 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 Buyer’s performance hereunder, including any due diligence inspections performed or not performed under this agreement, 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 Seller. These obligations shall survive the termination of this Agreement.

12. Buyer shall, upon request by Seller, execute, acknowledge, and deliver such documents or take such action as may be necessary or convenient to carry out the spirit and intent of this Agreement.

13. Any notice which either party may or is required to give shall be in writing and given by personal delivery or mailing same by certified mail, return receipt requested, postage prepaid, to the other party at the address shown below or at such other place as may be designated by the parties from time to time, and any notice so mailed shall be deemed received on the third day after mailing. //
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Buyer's address: Stockton Tri Industries, LLC
2141 E. Anderson Street
Stockton, CA 95205
Seller's address: City of Stockton
Economic Development Department
400 E. Main Street, Fourth Floor
Stockton, CA 95202
[email protected]
Escrow Holder: Old Republic Title Company
3425 Brookside Road, Suite C
Stockton, CA 95219
Attn: Diana Contreras

14. Time is of the essence of this Agreement.

15. This Agreement is subject to final approval of the City Manager of the City of Stockton.

16. If suit should be brought for any sum due or the enforcement or declaration of any obligation or right hereunder, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fees.

17. This Agreement shall bind and inure to the benefit of the parties and their respective successors, heirs, executors, administrators, and assigns.

18. This agreement represents the entire and integrated agreement between Seller and Buyer and supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may be amended only by written instrument signed by Seller and Buyer.
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19. The undersigned represent and warrant they are duly authorized to execute the Agreement and to bind the parties.
"SELLER" "BUYER"

CITY OF STOCKTON
___________________________ ___________________________ HARRY BLACK Stockton Tri Industries, LLC

CITY MANAGER
APPROVED AS TO FORM AND CONTENT:

LORI M. ASUNCION, CITY ATTORNEY
By: ________________________

CITY ATTORNEY
4 EXHIBIT 2
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City of Stockton
Legislation Text
File #: 24-0933, Version: 1
ADOPT A MOTION TO AMEND THE ST. MARY’S DINING ROOM OPERATION SERVICES

CONTRACT AND ALLOCATE FF&E FUNDING

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

1. Reallocate and appropriate $800,640 in American Rescue Plan Act (ARPA) funds from St.

Mary’s Dining Room operation services contract funded through ARPA project #EARP211 to ARPA Navigation Center project #EARP212

2. Allocate and appropriate $800,640 of HHAP Round 4 funds, to replace the deobligated ARPA funds, for the St. Mary’s Dining Room operation services contract;

3. Amend St. Mary’s Dining Room operation services contract, to update funding source with HHAP 4 funds;

4. Approve up to $800,640 of ARPA funds for the unaddressed Fixtures, Furnishings, and Equipment (FF&E) of the Navigation Center project, through the City’s contract with Durst Office Designs;

6. Authorize the City Manager, or designee, to enter into and execute any associated documents and take appropriate and necessary actions to carry out the purpose and intent of this motion.

Summary
On September 1, 2023, the City of Stockton’s Economic Development Department (EDD) assumed control of the Navigation Center Construction Project.

On September 12, 2023, Council adopted Motion 2023-09-12-1501, to allocate and appropriate a total of $5.3 million from ARPA funds ($800,640), HHAP funds ($2.6 million), and the general fund contingency ($1.9 million) for a three-year operations subsidy for St. Mary’s Dining Room. Staff is recommending the reallocation of ARPA funding out of the operations project and into the ARPA general fund. Staff also recommends allocation of $800,640 of HHAP to replace the operational funds. Once approved, the $800,640 ARPA contingency funds will be allocated, executed, and expended by the December 2024 allocation deadline, for the use of Furniture, Fixtures, and Equipment (FF&E).

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File #: 24-0933, Version: 1
On October 17, 2023, City Council approved Motion 2023-10-17-1204, authorizing the allocation of $1,826,961 in grant funding to complete G&G Builders’ Inc. (G&G) original scope of work with Stockton Shelter for the Homeless and other identified scope items that were not part of the original contract, excluding landscaping and FF&E.

Staff recommends amending the St. Mary’s Community Services Operations contract to remove and reallocate $800,640 in ARPA funding to the ARPA General fund in order to address the FF&E needs and complete the Navigation Center Project. Additionally, an allocation of $800,640 of matching HHAP 4 system support funds have been identified and will be included in the amendment.

Reallocation of ARPA funds to Project # EARP212 and the allocation of HHAP funds in its place shows a consideration for the intended use of both funds. It enables a more expedient use to comply with deadlines and will allow St. Mary’s Community Services to maintain a more informed, strategic, and balanced budget.

DISCUSSION
Background
The State's Homeless Housing, Assistance and Prevention Program (HHAP) funds are designed to support regionally coordinated efforts between the County, the Continuum of Care (CoC), and the City to expand and develop local capacity to address immediate homelessness challenges throughout the state. HHAP funds are focused on moving homeless individuals and families into permanent housing and ensuring those individuals and families maintain their permanent housing.

On November 17, 2020, the City Council approved a Resolution 2020-11-17-1402, authorizing the allocation of $6,460,265 in grant funding through HHAP Round 1. In total, 12 projects were approved for HHAP Round 1 funding to carry out eligible activities prioritized in the San Joaquin Community Response to Homelessness Strategic Plan, including the allocation of $2,338,623 to the Stockton Shelter for the Homeless for the construction of the Navigation Center. Construction of the Navigation Center commenced on October 22, 2022.

The City continued to apply for HHAP funding. On November 16, 2022, Council convened a public hearing and adopted Motion 2022-11-15-1602, to apply for, accept, and appropriate grant funding from the California Interagency Council on Homelessness (Cal ICH) for Round 4 of the HHAP grant program.

Stockton Shelter for the Homeless terminated shelter operations on September 1, 2023 and EDD assumed control of the Navigation Center Project.

On September 12, 2023, Council adopted Motion 2023-09-12-1501, to allocate and appropriate a combined total of $5.3 million in ARPA funds, HHAP funds and general fund contingency for a three- year operations subsidy for St. Mary’s Dining Room.

On October 17, 2023, City Council approved Motion 2023-10-17-1204, authorizing the allocation of $1,826,961 in grant funding to complete G&G’s original scope of work with Stockton Shelter for the Homeless and other identified scope items not part of the original contract, excluding landscaping and FF&E.

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On May 21, 2024, Council adopted Motion 2024-05-21-1203, and Contract Change Orders (CCO) were approved for:
· G&G in the amount of $2,714,647.13 for construction of the Navigation Center. · Professional Services Contract Amendment No. 1 in the amount of $200,000 with Griffin for construction management services for the Navigation Center project.

Items completed by these CCOs were:

1. Deferred Work. Elevator seismic gap.

2. Scope Due to Mold/Demo Remediation. Costs for drywall and finish work after remediation, including all new partitions and fire rated partitions and updates to the fire rating assembly, details added by CalFire. All new flooring work after remediation. Any reinstallation of existing panels and HVAC units removed for remediation work and reconnecting electrical.

3. Additional Scope of Work Items. The Construction Management team conducted several months of Discovery to assess current project conditions. Gaps were identified between project plans and specifications and contracted scopes of work with the Stockton Shelter for the Homeless and its contractors, including:
a. Additional asphalt paving and curb to create an accessible entry. b. Exterior seaming work and scaffolding.
c. Intumescent Paint at floor penetrations, ceilings, and wall to provide 1-hr Fire Rating. Added by CalFire.
d. Utilities (Storm Drain).

4. Extended Construction Management Services. Additional months of construction management services to extend through completion of construction plus 30-days.

5. Landscaping.

Present Situation
Reallocation of ARPA funds to Project #EARP212 and the allocation of HHAP 4 funds in its place shows a consideration to the intended use of both funds. It allows for a more expedient use with respect to deadlines and will allow St. Mary’s Community Services to maintain a more aware, strategic, and mindful budget.

The Navigation Center is the first of its kind, a service-enriched shelter in Stockton, dedicated to keeping families together. The focus will be on moving homeless families into permanent housing while providing temporary living facilities. Inhouse case managers will connect these families with income, public benefits, health services, shelter, and housing.

Construction is winding down to final projects, and focus is shifting to the final items that will allow for not just shelter but services to be provided. Such items include furnishings, a security system, elevator function, as well as phone and Wi-Fi systems.

FF&E (estimated $50 per sq. ft @ 13,500 sq ft.). Since this project was funded in 2020 during a global pandemic, the homelessness landscape has changed tremendously. Further, there have been recent changes in the overall campus wide utilization. Staff noted to City Council on October 17, 2023 that it would return to request funds for FF&E once St. Mary’s had an opportunity to confirm highest and best use of the building. While all three shelters have been at or near capacity, St. Mary’s City of Stockton Printed on 9/26/2024Page 3 of 4
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File #: 24-0933, Version: 1
is regularly turning away families. In the first quarter of 2024, St. Mary’s was unable to accommodate 142 families because the family shelter was full.

There are insufficient funds available to include FF&E as part of the May Contract Change Orders.

The City is coordinating with St. Mary’s on FF&E options. Some examples include partitions to maximize the number of semi-private family units, office furniture to accommodate the case management and other wraparound services, tables and chairs to assist with congregate eating, as well as, other items, such as a hot box to combat bed bugs.

Council approval is required, as the recommended actions increase the project budget. Upon Council approval of the recommendation, administrative authority will be reset, providing the City Manager with authority to approve future contracts, contract changes or amendments up to the new calculated limits. Staff are requesting $800,640 in ARPA funds to complete the work.

The estimated date of completion is December 2024, pending approval of the recommended action.

FINANCIAL SUMMARY
There will be no financial impact to the City’s General Fund or any other unrestricted fund as a result of this action. HHAP 4 funds are available in project # EH23054 to fund the St Mary’s Dining Room operation services contract. $800,640 of ARPA funds will need to be de-obligated from the St. Mary’s Dining Room operation services contract funded through ARPA project #EARP211 to then be reallocated to ARPA Navigation Center project #EARP212 for Durst Office Design contract.

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City of Stockton
Legislation Text
File #: 24-0940, Version: 1

RESOLUTIONS OF INTENTION RENEWING AND MODIFYING THE STOCKTON TOURISM

BUSINESS IMPROVEMENT DISTRICT

RECOMMENDATION
It is recommended that the City Council adopt Resolutions of Intention:

1. Renewing the Stockton Tourism Business Improvement District; and

2. Modifying the Stockton Tourism Business Improvement District Management District Plan; It is also recommended that the City Council authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of the resolutions.

Summary
A Tourism Business Improvement District is a flexible financing tool for creating private-sector, self- governed management districts. The City established the Stockton Tourism Business Improvement District (STBID), in 2010 to support the marketing and attraction of hospitality and tourism business in the city limits of Stockton. The STBID was reestablished (renewed) in 2014 for a term of ten years through Resolution 2014-11-04-1601-01 (Attachment A).

The Stockton Convention and Visitors Bureau (Visit Stockton) is contracted to manage the STBID and deliver tourism marketing and attraction. The hoteliers paying the STBID through signed petitions and communications from the Visit Stockton Board (Board), have requested that the City of Stockton consider reestablishing the District for a term of ten (10) years beginning January 1, 2025. For the new District to be established effective January 1, 2025, the existing STBID Management District Plan must be modified to change its end date to December 31, 2024.

There are two resolutions recommended:

The first will result in a public meeting on November 12, 2024, and a public hearing on November 19, 2024, on the renewal of the Stockton Tourism Business Improvement District (STBID) and the levy of assessments on lodging businesses.

The second resolution will result in a public hearing on November 19, 2024, on the modification of the STBID Management District Plan to change the end the date of the STBID to December 31, 2024 from December 31, 2025; allowing the newly established STBID to take effect on January 1, 2025.

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DISCUSSION
Background
The STBID is a benefit assessment district proposed to continue a revenue source to help fund marketing and sales promotion efforts for Stockton lodging businesses. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses. The renewed STBID includes all lodging businesses existing and in the future available for public occupancy located within the boundaries of the City of Stockton. The Stockton Convention and Visitors Bureau (Visit Stockton) was contracted to manage the STBID originally through Resolution 10-0407 (Attachment B), and again in 2014 through Resolution 2014-11-04-1601-02 (Attachment C).

Present Situation
Hoteliers, through signed petitions and communications from the Board have requested that the City of Stockton consider reestablishing the Stockton Tourism Business Improvement District for a term of ten (10) years beginning January 1, 2025, through December 31, 2035, as provided for under the law. Reestablishment of the STBID will continue a revenue source devoted to marketing Stockton as a tourist, meeting, sporting and event destination. If renewed, the STBID would generate approximately $2,000,000 on an annual basis for promotion of travel and tourism specific to Stockton. The Board expressed the desire for the renewed STBID term to commence before the current STBID’s term expiration date of December 31, 2025. Therefore, it is requested that Council modify the current STBID term to expire early on December 31, 2024 to accommodate the renewed STBID’s start date of January 1, 2025.

TOURISM BUSINESS IMPROVEMENT DISTRICTS
Tourism Business Improvement Districts (TBIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TBID fund the TBID, and those funds are used to provide services that are desired by and benefit the lodging businesses within the TBID.

TBID benefits:
· Funds cannot be diverted for other government programs; · They are customized to fit the needs of each destination; · They allow for a wide range of services; including destination marketing, tourism promotion, and sales lead generation;
· They are designed, created and governed by those who will pay the assessment; and · They provide a stable funding source for tourism promotion.

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In California, TBIDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between TBIDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TBID.

MANAGEMENT DISTRICT PLAN
The Management District Plan (Attachment D) includes the proposed boundary of the STBID, a service plan and budget and a proposed means of governance. The STBID will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the City of Stockton.

The annual assessment rate is five percent (5%) of gross short-term (stays less than 31 days) sleeping room rental revenue. In year six (6) of the STBID’s term, the assessment rate shall automatically increase by one-half -of-one percent (0.5%), to a total assessment rate of five and one- half-of-one percent (5.5%). Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days.

The renewed STBID will have a ten (10) year term, beginning January 1, 2025, and ending ten (10) years from its start date. The assessment will be implemented beginning January 1, 2025. Once per year beginning on the anniversary of STBID renewal there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the STBID.

The City will be responsible for collecting the assessment on a quarterly basis from each lodging business located in the STBID boundaries. The City shall forward the assessments to Visit Stockton (VS), which will have the responsibility of managing STBID programs as provided in the Management District Plan.

STBID RENEWAL & MODIFICATION PROCESS
October 1, 2024 - RESOLUTION OF INTENTION HEARING - RENEWAL Upon the submission of a written petition, signed by the lodging business owners in the renewed district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the City Council (Council) may initiate proceedings to renew the STBID by the adoption of a resolution expressing its intention to renew the STBID.

Petition Status: Petitions in favor of STBID renewal were submitted by eight (8) lodging businesses, which represent 52.21% of the total STBID assessment, as of 9/19/24. This majority petition allows the Council to initiate proceedings for STBID renewal at the October 1, 2024 meeting.

RESOLUTION OF INTENTION HEARING - MODIFICATION
Upon the written request by STBID Owners’ Association, the Council may adopt the Resolution of Intention which states the proposed modification to the STBID. The STBID provided a written request for the proposed modification to the Council dated August 13, 2024. (Attachment E) City of Stockton Printed on 9/26/2024Page 3 of 5
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Receipt of this written request allows the Council to initiate proceedings for STBID modification at the October 1, 2024 meeting.

Before October 4, 2024 - NOTICE - RENEWAL
The 94 Law requires the City to mail written notice to the owners of all businesses proposed to be assessed within the STBID. Mailing the notice begins a mandatory forty-five (45) day period in which owners of assessed lodging businesses may protest STBID renewal.

Before November 8, 2024 - NOTICE - MODIFICATION
The Property and Business Improvement District Law of 1994 requires the City to publish the Resolution of Intention in a newspaper of general circulation in the City at least seven (7) days before the public hearing and mail a complete copy of the Resolution of Intention to each business owner affected by the proposed modification at least ten (10) days before the public hearing.

November 12, 2024 - PUBLIC MEETING - RENEWAL
Allow public testimony on the renewal of the STBID and levy of assessments. No Council action required.

November 19, 2024 - FINAL PUBLIC HEARING - RENEWAL
If written protests are received from the owners of lodging businesses in the renewed STBID which will pay fifty percent (50%) or more of the assessments proposed to be levied, and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council.

If the Council, following the public hearing, decides to establish the renewed STBID, the Council shall adopt a resolution of formation.

PUBLIC HEARING - MODIFICATION
The Council shall hold a public hearing on the proposed STBID MDP modifications. If the Council, following the public hearing, decides to modify the STBID, the Council shall adopt a resolution of modification.

NOTIFICATION
The City Clerk is directed in the Council Resolution (Section 12) to cause the notice of the Public Hearing to be mailed to all lodging business owners within the assessment district as shown in the Management District Plan. The notice shall include, but not be limited to, the total amount of the assessment proposed to be levied in the Management District Plan, the assessment rate proposed, the reason for the assessment, the duration of the assessment, and the basis upon which the amount of the assessment was calculated.

The City Clerk shall also publish the Resolution of Intention in a newspaper of general circulation in the City at least seven (7) days before the public hearing and mail a complete copy of the Resolution of Intention to each business owner affected by the proposed modification at least ten (10) days before the public hearing.

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FINANCIAL SUMMARY
The STBID will generate approximately $2,000,000 annually to promote, market, and attract tourism and sporting events to the City of Stockton. The City will retain 3% (approximately $60,000) of the total assessments collected to offset the ongoing costs of processing and collection of the district assessment. Additionally, because the STBID programs are intended to increase visitation to the City, there may be an increase in transient occupancy tax and sales tax revenue and collections.

Attachment A - Council Resolution 2014-11-04-1601-01
Attachment B - Council Resolution 10-0407
Attachment C - Council Resolution 2014-11-04-1601-02
Attachment D - Management District Plan
Attachment E - Request for Modification
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STOCKTON TOURISM BUSINESS

IMPROVEMENT DISTRICT

MANAGEMENT DISTRICT PLAN
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.
2025-2034
August 13, 2024

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STBID Management District Plan
August 13, 2024
2 CONT
ENTS
I. OVE
RVIEW ........................................................................................................................................ 2 II. BACKGROUND ................................................................................................................................ 3 III. ACCOMPLISHMENTS ..................................................................................................................... 4 IV. BOUNDARY ....................................................................................................................................... 5 V. ASSESSMENT BUDGET AND SERVICES ................................................................................ 6 A. Annual Service Plan ............................................................................................................ 6 B. Annual Budget .................................................................................................................... 8 C. California Constitutional Compliance ................................................................................ 8 D. Assessment ........................................................................................................................ 10 E. Interest and Overdue Charges ........................................................................................... 10 F. Time and Manner for Collecting Assessments ................................................................. 11 VI. GOVERNANCE ............................................................................................................................... 12 A. Owners’ Association ......................................................................................................... 12 B. Brown Act and California Public Records Act Compliance ............................................ 12 C. Annual Report ................................................................................................................... 12 APPENDIX 1 – LAW .................................................................................................................................... 13 APPENDIX 2 – ASSESSED BUSINESSES ............................................................................................. 25 Pr
epared by
Civitas
(800)
999-7781
www.civitasadvisors.com

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STBID Management District Plan
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2 I. OVERVIEW

Developed by Stockton lodging businesses and the Stockton Convention & Visitors Bureau d.b.a.

Visit Stockton (VS), the Stockton Tourism Business Improvement District (STBID) is an assessment district proposed to continue to provide specific benefits to payors, by funding marketing and sales promotion efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. The STBID was created in 2010 for an initial five (5) year term, and was subsequently renewed in 2015 for a ten (10) year term. VS and Stockton lodging businesses now wish to renew the STBID for an additional ten (10) year term.

Location: The renewed STBID includes all lodging businesses, as defined in Section IV, existing and in the future, available for public occupancy located within the boundaries of the City of Stockton (City), as shown on the map in Section IV.

Services: The STBID is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Marketing and sales promotions will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales.

Budget: The total STBID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be approximately $ 2,000,000. A similar assessment budget is expected to apply to subsequent years, but this assessment budget is expected to fluctuate as room sales do, as lodging businesses open and close, and as the assessment rate increases pursuant to this Plan.

Cost: The annual assessment rate is five percent (5%) of gross short-term (stays less than 31 days) sleeping room rental revenue. In year six (6) of the STBID’s term, the assessment rate shall automatically increase by one -half -of-one percent ( 0.5%), to a total assessment rate of five and one-half-of-one percent (5.5%). Based on the benefit received, assessments will not be collected on stays of more th an thirty (30) consecutive days .…………………………………………………………………..

Collection: The City will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, interest, and overdue charges) from each lodging business located in the boundaries of the STBID . The City shall take all reasonable efforts to collect the assessments from each assessed lodging business.

Duration: The renewed STBID will have a ten (10) year life, beginning January 1, 2025 or as soon as possible thereafter, and ending ten (10) years from its start date. After ten (10) years, the STBID may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. (94 Law) if assessed lodging business owners support continuing the STBID programs.

Management: VS shall continue to serve as the STBID ’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan and must provide annual reports to the City Council.

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STBID Management District Plan
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3 II. BACKGROUND

TBIDs are an evolution of the traditional Business Improvement District. The first TBID was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model –Illinois, Minnesota, Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TBID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TBID. Additionally, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TBIDs without a state law.

California’s TBIDs collectively
raise over $300 million annually for
local destination marketing. With
competitors raising their budgets,
and increasing rivalry for visitor
dollars, it is important
that Stockton l odging businesses
continue to invest in stable,
commerce-specific marketing
programs.

TBIDs utilize the efficiencies of
private sector operation in the
market-based promotion of tourism districts. TBIDs allow tourism business owners to organize their efforts to increase commerce. Lodging business owners within the TBID pay an assessment and those funds are used to provide services that increase commerce.

In California, most TB
IDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TBIDs and other benefit assessment districts is that funds raised through the TBID are returned to the private non-profit corporation governing the district.

There are many benefits to TBIDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion.

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STBID Management District Plan
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4 III. ACCOMPLISHMENTS

Sports & Business Development: Visit Stockton has hosted numerous world-class sporting events since 2016 including the ASA Softball 10U Nationals, the West Coast Baseball Championship (2016- 2022), the USA Racquetball Junior Olympics, the NCAA DI Women’s Basketball Regionals, the World Baton Federation Pan-Pacific Cup, the Amgen Tour of California, the Disc Golf Pro Tour OTB Open, the National Baton Twirling Championships, the NCAA Men’s & Women’s Water Polo National Championships, and more. These events have brought tens of millions of dollars of economic impact to Stockton. Visit Stockton also hosted the 2019 California Hispanic Chamber of Commerce Convention in Downtown Stockton, with an economic impact of $1.5 million to the local economy.

Marketing and Reputation Management: No other organization in Stockton is dedicated to enhancing the image and reputation of the city, like Visit Stockton. Since 2016, the organization has launched numerous campaigns and initiatives, with many receiving national and international recognition. These include:

Special & Marketing Events: Feast at the Fox, Stockton Brew Fest, Stockton Flavor Fest, Stockton Restaurant Week, Stockton Arts Week, and Stockton Beer Week.

Experience Passes & Trails: Stockton Savings Pass, Stockton Taco Trail, Stockton Art Trail, Brick City Bucket List, San Joaquin County Farm Trail, and Stockton Sweet Trail.

General Marketing: Visit Stockton actively manages the destination website generating over 1.5 million page views annually. 30,000 copies of the printed Stockton Visitors Guide are produced annually and distributed to visitors and our local hotels and attractions. Visit Stockton maintains an active organic and paid social media presence with over 125,000 follower across the various platforms.

Partnerships: Visit Stockton has developed strong partnerships and stepped up in times of need for the betterment of the hospitality and great Stockton community. These programs and initiatives include:

Pandemic Relief: Partnered with the City of Stockton to distribute over $3 million in small business grants. Distributed tens of thousands of PPE items. Developed the Stockton Healthy Pledge Program.

Economic Development: Partnered with the City of Stockton to produce the Downtown Stockton Investor Summit. Developed the initial Stockton Small Business Week to hand over to the City.

Marketing Partnerships: To generate additional revenue for the organization, Visit Stockton has provided marketing services to the Stockton Metropolitan Airport, and to ASM Global (Stockton Lantern Festival).

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STBID Management District Plan
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5 IV. BOUNDARY

The STBID will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the City of Stockton, as shown in the map below.

Lodging business means: means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof.

A complete listing of assessed lodging businesses within the renewed STBID can be found in Appendix 2.

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6 V. ASSESSMENT BUDGET AND SERVICES

A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the STBID funds are sales and marketing programs available only to assessed lodging businesses.

A service plan assessment budget has been developed to deliver services that benefit the assessed lodging businesses. A detailed annual assessment budget will be developed and approved by VS. The chart below illustrates the initial annual assessment budget allocations. These activities and allocations will also apply in subsequent years. The total initial assessment budget is estimated to be $2,000,000.

Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the City and the VS Board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the STBID, any and all assessment funds may be used for the costs of defending the STBID.

Each budget category includes all costs related to providing that service. For example, the sales and marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by the VS on an as- needed basis.

Sales & Marketing,
$1,500,000 , 75%Administration,
$400,000 , 20%
Contingency/Renewal,
$100,000 5%
Initial Annual Assessment Budget -
$2,000,000

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STBID Management District Plan
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7 Sales and Marketing
A sales and marketing program will promote assessed lodging businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting Stockton as a desirable place for overnight visits. The program will have the goal of increasing demand for overnight visitation and room night sales at assessed lodging businesses, and may include but is not limited to, the following activities:
• Marketing promotion through paid ads, earned and paid social media, and collateral materials to drive demand for overnight visitation and room sales , enhance the C ity’s image and reputation, and to increase awareness of tourist attractions and events in Stockton; • Attendance at state and national trade shows and professional industry conferences and events to meet with certified event planners in order to gather RFPs to drive demand for sports events, and small meeting and conferences and the associated room sales for assessed lodging businesses;
• Work with third party event planning organizations and national event promoters to generate business leads that will result in attracting national events and large leisure travel group events, such as music and food festivals and amateur sporting events; and • Communications and advocacy activities to inform and educate key stakeholders and the public;
• Internet marketing efforts to increase awareness and optimize internet presence to drive demand for overnight visitation and room sales to assessed lodging businesses; • Print ads in magazines and newspapers, television ads, and radio ads targeted at potential visitors to drive demand for overnight visitation and room sales to assessed lodging businesses; • Sales blitzes and campaigns, including meetings with potential tourism customers, for assessed lodging businesses;
• Familiarization tours of assessed lodging businesses; • Preparation and production of collateral promotional materials such as brochures, flyers and maps featuring assessed lodging businesses;
• Regular meetings with Directors of Sales, General Managers, owners, and other lodging representatives to plan, communicate, collaborate, and report results on coordinated tourism promotion efforts for assessed lodging businesses; and
• Development and maintenance of a website designed to promote assessed lodging businesses.

Administration and Operations
The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, and other general administrative costs such as insurance, legal, and accounting fees.

To cover the administrative costs of collecting the assessment, the City of Stockton shall be paid based upon the actual costs it incurs in administering the assessment. For the initial year of the STBID, the City’s collection fee shall be equal to 3%, and shall be subject to review and adjusted annua lly in subsequent years.

Contingency/Renewal
A prudent portion of the budget will be allocated to a contingency fund, to account for lower than anticipated collections. If there are contingency funds collected and near the expiration of the district there are contingency funds remaining, and busines s owners wish to renew the district, the contingency funds may be used for renewal costs.

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STBID Management District Plan
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8 B. Annual Budget
The total ten (10) year assessment budget is projected at approximately $ 2,000,000 annually, or $21,000,000 through 2034. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do, as lodging businesses open and close, and as the assessment rate increases pursuant to this Plan.

In year six (6) of the STBID’s term, the assessment rate shall automatically increase by one-half -of- one percent (0.5%), to a total assessment rate of five and one-half-of-one percent (5.5%).

The table below demonstrates the estimated maximum budget with the automatic assessment increase in year six (year 2030).

Year Contingency/
Renewal
Administration Sales &
Marketing
Total
2025 $100,000 $400,000 $1,500,000 $2,000,000
2026 $100,000 $400,000 $1,500,000 $2,000,000
2027 $100,000 $400,000 $1,500,000 $2,000,000
2028 $100,000 $400,000 $1,500,000 $2,000,000
2029 $100,000 $400,000 $1,500,000 $2,000,000
2030 $110,000 $440,000 $1,650,000 $2,200,000
2031 $110,000 $440,000 $1,650,000 $2,200,000
2032 $110,000 $440,000 $1,650,000 $2,200,000
2033 $110,000 $440,000 $1,650,000 $2,200,000
2034 $110,000 $440,000 $1,650,000 $2,200,000
Total $1,050,000 $4,200,000 $15,750,000 $21,000,000

C. California Constitutional Compliance
The STBID assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property. 1 Rather, the STBID assessment is a business- based assessment and is subject to Proposition 26.

Pursuant to Proposition 26, all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the STBID – a “specific benefit” and a “specific government service .” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.

1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “ a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed lodging businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public , businesses in general, or parcels of land, but rather to serve the specific businesses within the STBID. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the STBID, and are narrowly tailored. STBID funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly

1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
2 Cal. Const. art XIII C § 1(e)(1)

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9 to the assessees. Assessment funds shall not be used to feature non- assessed businesses in STBID programs, or to directly generate sales for non- assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. Nothing in this Plan limits the ability of the Owners’ Association to enter into private contracts with non-assessed businesses for the provision of services to those businesses.

The assessment imposed by this STBID is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with marketing and sales programs promoting lodging businesses paying the STBID assessment. The marketing and sales programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the marketing and sales programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses.

Although the STBID, in providing specific benefits to payors, may produce incidental benefits to non- paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The Legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.” 3 2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product .”4 The Legislature has recognized that marketing and promotions services like those to be provided by the STBID are government services within the meaning of Proposition 265. Further, the Legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.” 6 3. Reasonable Cost
STBID services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the VS, and reports submitted on an annual basis to the City . Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from STBID- funded activities, be featured in advertising campaigns, and benefit from other STBID -funded services. Non-assessed businesses will not receive these, nor any other, STBID -funded services and benefits.

The STBID-funded programs are targeted directly to benefit assessed lodging businesses. It is, however, possible that there will be a spill over benefit to non- assessed businesses. If non -assessed

3 Government Code § 53758(a)
4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)

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10 lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-STBID funds. STBID funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses.

D. Assessment
The annual assessment rate is five percent (5%) of gross short-term sleeping room rental revenue. In year six (6) of the STBID’s term, the assessment rate shall automatically increase by one-half -of-one percent (0.5%), to a total assessment rate of five and one-half-of-one percent (5.5%). Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days.

The assessment was calculated based on the total cost of the activities to be provided for the benefit of the lodging businesses within the STBID with costs allocated based on the proportional benefit conferred to each lodging business. Activities funded by the STBID are specifically targeted to increase room nights at assessed lodging businesses. All room night sales do not represent the same benefit to the payors. For example, a higher priced room night is of greater benefit than a lower priced room night because the assessee derives greater revenue. To account for this benefit differential and to make sure the benefits are proportional, an assessment formula based on a percentage of revenue has been selected. The proposed formula accurately reflects greater benefit to asse ssed lodging businesses with higher priced room nights.

The term “gross short -term sleeping room rental revenue” as used herein means: the consideration charged, whether or not received, for the occupancy of space in a lodging business valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.

Gross short-term sleeping room rental revenue shall not include, and therefore the assessment shall not be charged upon, stays that are complimentary, or upon any federal, state or local taxes collected, including but not limited to transient occupancy taxes.

The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the STBID assessment is identified separately it shall be disclosed as the “STBID Assessment.” As an alternative, the disclosure may include the amount of the STBID assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for calculation of transient occupancy taxes.

Bonds shall not be issued.

E. Interest and Overdue Charges
The STBID shall reimburse the City of Stockton for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent STBID assessment are sought to be recovered in the same collection action by the City , the STBID shall bear its pro rata share of such collection costs.

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STBID Management District Plan
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11 Assessed lodging businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Original Delinquency: Any business which fails to remit any assessment imposed within the time required shall pay an overdue charge of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment.

2. Continued Delinquency: Any business which fails to remit any delinquent assessment on or before a period of thirty (30) days following the date on which the assessment first became delinquent shall pay a second delinquency overdue charge of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment and the ten percent (10%) overdue charge first imposed.

3. Fraud: If the City determines that the nonpayment of any assessment is due to fraud, a penalty of twenty -five percent (25%) of the amount of the assessment shall be added thereto in addition to the overdue charges stated in subsections 1 and 2 of this section.

4. Interest: In addition to the overdue charges imposed, any business which fails to remit any assessment imposed shall pay interest at the rate of one-half of one percent (0.5%) per month or fraction thereof on the amount of the assessment, exclusive of overdue charges, from the date on which the assessment first became delinquent until paid.

F. Time and Manner for Collecting Assessments
The STBID assessment will be implemented beginning January 1, 2025 or as soon as possible thereafter, and ending ten (10) years from its start date. The City will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, interest and overdue charges ) from each lodging business. The City shall take all reasonable efforts to collect the assessments from each lodging business. The City shall forward the assessments collected to the Owners’ Association.

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12 VI. GOVERNANCE

A. Owners’ Association
The City Council , through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the O wners’ Association of the STBID as defined in Streets and Highways Code §36612. The City Council has determined that VS will continue to serve as the Owners’ Association for the STBID.

B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the Board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.

C. Annual Report
VS shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.

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13 APPENDIX 1 – LAW

*** THIS DOCUMENT IS CURRENT THROUGH THE 2023 EXTRA SESSION CH 1, 2023 REGULAR SESSION CH. 890***
(ALL 2023 LEGISLATION)

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994

CHAPTER 1. General Provisions

ARTICLE 1. Declarations

36600. Citation of part

This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.”

36601. Legislative findings and declarations; Legislative guidance

The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12- percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property.

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14 (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. (3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.

36602. Purpose of part

The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act.

This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.

36603. Preemption of authority or charter city to adopt ordinances levying assessments

Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).

36603.5 Part prevails over conflicting provisions

Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.

36604. Severability

This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions

36606. “Activities”

“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.

36606.5. “
Assessment”

“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.

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15 36607. “Business”

“Business” means all types of businesses and includes financial institutions and professions.

36608. “City”

“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California.

36609. “City council”

“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part.

36609.4. “
Clerk”

“Clerk” means the clerk of the legislative body.

36609.5. “General benefit”

“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.

36610. “I mprovement ”

“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.

36611. “Management district plan”; “Plan”

“Management district plan” or “plan” means a proposal as defined in Section 36622.

36612. “Owners’ association”

“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district. 36614. “Property”

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16 “Property” means real property situated within a district.

36614.5. “Property and business improvement district”; “District”

“Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.

36614.6. “Property-b
ased assessment”

“Property-based assessment” means any assessment made pursuant to this part upon real property.

36614.7. “Property-ba sed district”

“Property-based district” means any district in which a city levies a property-based assessment.

36615. “Property owner”; “Business owner”; “Owner”

“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient.

36615.5. “Special benefit” [Effective January 1, 2023]

(a) “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property- based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.

(b) “Special benefit” also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general.

36616. “Tenant”

“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3 Prior Law

36617. Alternate method of financing certain improvements and activities; Effect on other provisions

This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment

36620. Establishment of property and business improvement district

A property and business improvement district may be established as provided in this chapter.

36620.5. Requirement of consent of city council

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17 A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.

36621. Initiation of proceedings; Petition of property or business owners in proposed district

(a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.

36622. Contents of management district plan

The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities

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18 and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments. (h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years.

Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property - based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.
(3) In a property-based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit. (l) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan.
(m) Any other item or matter required to be incorporated therein by the city council.

36623. Procedure to levy assessment

(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code . (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code , except that notice shall be

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19 mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest.

If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.

36624. Changes to proposed assessments

At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627.

36625. Resolution of formation

(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district.
(4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

Notwithstanding the foregoing, improvements and activities that must be provided outside the

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20 district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.

36627. Notice and assessment diagram

Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part.

36628. Establishment of separate benefit zones within district; Categories of businesses

The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.

36628.5. Assessments on businesses or property owners

The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property- based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622.

36629. Provisions and procedures applicable to benefit zones and business categories

All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district.

36630. Expiration of district; Creation of new district

If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3: Assessments

36631. Time and manner of collection of assessments; Delinquent payments

The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.

36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property

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21 (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.

36633. Time for contesting validity of assessment

The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.

36634. Service contracts authorized to establish levels of city services

The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed.

36635. Request to modify management district plan

The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter.

36636. Modification of plan by resolution after public hearing; Adoption of the resolution of intention

(a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.

36637. Reflection of modification in notices recorded and maps

Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.

36638. Assessment as government improvised fee on Civ C § 1770 transaction [Operative July 1, 2024]

(a) A business assessment pursuant to this part is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of Section 1770 of the Civil Code. (b) This section shall become operative on July 1, 2024.

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22 CHAPTER 3.5 Financing

36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments

(a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks–Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance

36650. Report by owners’ association; Approval or modification by city council

(a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district.

36651. Designation of owners’ association to provide improvements, maintenance, and activities

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23 The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

CHAPTER 5. Renewal

36660. Renewal of district; Transfer or refund of remaining revenues; District term limit

(a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment

36670. Circumstances permitting disestablishment of district; Procedure

(a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.
(2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30- day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment.
(b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.

36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district

(a)
Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by

ATTACHMENT D
188
STBID Management District Plan
August 13, 2024
24 applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

ATTACHMENT D
189
«District_Abbreviation» Management District Plan
25 July 23, 2024
APPENDIX 2 – ASSESSED BUSINESSES
Business Name Site Address
Alhambra Motel 1565 S El Dorado St
American Inn 550 W Dr Martin Luther King Jr Bl
Best Western Heritage Inn 111 E March Ln
Budget Inn 1075 N Wilson Wy
Budget Inn & Suites 3473 W Hammer Ln
Budget Motel 1501 S El Dorado St
Capri Motel 1140 N Wilson Wy
Cosmos Hotel 343 S San Joaquin St
Courtyard By Marriott 3252 W March Ln
Crest Motel 639 N Wilson Wy
Diamond Swiss Inn 9172 Thornton Rd
Econostudios 4540 N El Dorado St
Executive Lodge Inn 339 S Wilson Wy
Extended Stay America 2844 W March Ln
Hampton Inn Stockton 3651 Arch Rd
Hilton Stockton 2323 Grand Canal Bl
Holiday Inn Express 5045 S State Route 99 E Fr Rd
La Casa Inc (Studio 6) 33 N Center St
La Quinta Inn By Wyndham 2710 W March Ln 153
Mataval, LLC 111 N Wilson Way
Merrill Place 29 S American St
Motel 6 North 6717 Plymouth Rd
Motel 6 West 817 Navy Dr
O’Connor Woods 3400 Wagner Heights Rd
Oxford Hotel 37 S Aurora St
Pacific Express Inn 1735 N Wilson Wy
Paradise Motel 1558 S El Dorado St
Red Roof Inn 1707 W Fremont St
Residence Inn By Marriott 3240 W March Ln
Stay Inn Suite 631 N Center St
Stockton Hotel Group LLC, Dba: Econo Lodge 1625 Turnpike Rd Stockton Civic Inn 1005 N El Dorado St
Stockton Motor Inn 1333 E Dr Martin Luther King Jr Bl
Sunset Motel 1305 S Wilson Wy
Travelodge Stockton 2210 Manthey Rd
Union St Motel 1674 S Union St
University Plaza Waterfront 110 W Fremont St

ATTACHMENT D
190

ATTACHMENT E
191
Resolution No.

STOCKTON CITY COUNCIL

A RESOLUTION DECLARI NG INTENTION TO RENEW THE STOCKTON TOURISM

BUSINESS IMPROVEMENT DISTRICT AND FIXING THE TIME AND PLACE OF A

PUBLIC MEETING AND A PUBLIC HEARING THER EON AND GIVING NOTIC E

THEREOF

The City of Stockton (City) renewed the Stockton Tourism Business Improvement District (STBID) on November 4, 2014 by Resolution No. 2014-11-04-1601-01 for a ten (10) year term which ends on December 31, 2025; and

The Property and Business Improvement Law of 1994, Streets and Highways Code section 36600 et. seq. (94 Law), authorizes the City to renew business improvement districts for the purposes of promoting tourism; and

Visit Stockton (VS), lodging business owners, and representatives from the City have met to consider the renewal of the STBID; and

VS has drafted a Management District Plan (Plan) which sets forth all required information pursuant to section 36622 of the 94 Law including the proposed boundary of the STBID, a service plan and budget, and a proposed means of governance; and

The renewed STBID includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City; and

Lodging businesses who will pay more than fifty percent (50%) of the assessment under the STBID have petitioned the City Council to renew the STBID; now, therefore,

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

1. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the STBID. The City Council accepts the petitions and adopts this Resolution of Intention to renew the STBID and to levy an assessment on lodging businesses within the STBID boundaries in accordance with the Property and Business Improvement District Law of 1994.

2. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code section 36622.

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3. The City Council declares its intention to renew the STBID and to levy and collect assessments on lodging businesses within the STBID boundaries pursuant to the Property and Business Improvement District Law of 1994.

4. The STBID shall include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City, as shown in the map attached as Exhibit A, incorporated by this reference.

5. The name of the district shall be Stockton Tourism Business Improvement District (STBID).

6. The annual assessment rate is five percent (5%) of gross short-term (stays less than 31 days) sleeping room rental revenue. In year six (6) of the STBID’s term, the assessment rate shall automatically increase by one-half -of-one percent (0.5%), to a total assessment rate of five and one -half-of-one percent (5.5%). Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days.

7. The assessments levied for the STBID shall be applied toward sales and marketing programs to market assessed lodging businesses in Stockton as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which STBID assessments are levied as long as they are used consistent with the requirements of this resolution and the Plan.

8. The renewed STBID will have a ten (10) year term, beginning January 1, 2025, or as soon a s possible thereafter, and ending ten (10) years from its start date, unless renewed pursuant to Streets and Highways Code section 36660.

9. Bonds shall not be issued.

10. The time and place for the public meeting to hear testimony on renewing the STBID and levying assessments are set for November 12, 2024, at 5:30PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at City Hall, 425 N. El Dorado Street, 2nd Floor, Stockton, CA 95202.

11. The time and place for the public hearing to renew the STBID and the levy of assessments are set for November 19, 2024, at 5:30PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at City Hall, 425 N. El Dorado Street, 2nd Floor, Stockton, CA 95202. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code section 36623, no later than October 4, 2024.

12. At the public meeting and hearing the testimony of all interested persons for or against the renewal of the STBID may be received. If at the conclusion of the public hearing, the re are of record written protests by the owners of the lodging businesses 193
within the renewed STBID that will pay fifty percent (50%) or more of the estimated total assessment of the en tire STBID and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to renew the STBID shall occur for a period of one (1) year.

13. The complete Plan is on file with the City Clerk and may be reviewed upon request.

14. This resolution shall take effect immediately upon its adoption by the City Council.

15. The City Manager, or designee, is authorized to take whatever actions are necessary and appropriate 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

194
EXHIBIT 1

EXHIBIT 1
District Boundaries

195
Resolution No.

STOCKTON CITY COUNCIL

A RESOLUTION DECLARING ITS INTENTION TO MODIFY THE MANAGEMENT

DISTRICT PLAN OF THE STOCKTON TOURISM BUSINESS IMPROVEMENT

DISTRICT
The City Council of the City of Stockton (City) renewed the Stockton Tourism Business Improvement District (STBID) and adopted the Management District Plan (MDP) of the STBID in 2014 under the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et. seq., by Resolution No. 2014-11-04-1601- 01; and
The Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et. seq., allows cities to modify the MDP at the request of the owners’ association; and
The STBID owners’ association, the Stockton Convention & Visitors Bureau dba Visit Stockton (VS) has requested modification of the MDP; now, therefore,

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

1. The City Council declares its intention to modify the STBID MDP.

2. The proposed modification of the STBID MDP will modify the end date of the STBID to December 31, 2024.

3. The time and place for a public hearing on modification of the STBID MDP are set for 5:30 PM, or as soon thereafter as the matter may be heard, on November 19, 2024, at the City Council Chambers located at City Hall, 425 N. El Dorado Street, 2nd Floor, Stockton, CA 95202.

4. This Resolution will take effect immediately upon its adoption.

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5. The City Manager, or designee, is authorized to take whatever actions are necessary and appropriate 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

197
City of Stockton
Legislation Text
File #: 24-0953, Version: 1

ADOPT A RESOLUTION APPROVING LOAN AND/OR GRANT AWARDS TO ELIGIBLE RESPONDENTS TO THE 2024 AFFORDABLE HOUSING PROPERTY ACQUISITION NOTICE OF

FUNDING AVAILABILITY

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

3. Approving the allocation of 36-units of affordable housing through the Transitional Housing for Youth and Harding Way Apartments projects pursuant to Article XXXIV of the California Constitution;

5. Authorizing the City Manager, or designee, to execute all documents and take all necessary and appropriate actions to carry out the purpose and intent of the resolution.

Summary
In July 2024, the City of Stockton’s Economic Development Department (EDD) released the 2024 Real Property Acquisition Notice of Funding Availability (NOFA). The NOFA announced the availability of approximately $4,551,524. This NOFA sought project proposals from qualified nonprofit housing developers and/or housing or service providers to provide CDBG and PIP funds to acquire real property to be used for the development of affordable housing.

In addition, due to the proposed public financing, the development of the project must be approved pursuant to Article XXXIV (34) of the California Constitution, which requires a local election to approve affordable housing projects. In 2010, local voters gave the City Council the authority to approve up to 500 units per year. The proposed units are within this limit.

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Acquisitions are subject to a final Community Development Block Grant agreement being issued by HUD and an update to the PIP Grant agreement.

DISCUSSION
Background
The City receives annual allocations of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) for the purpose of advancing the City’s affordable housing and community development needs of low-income residents. CDBG funds are used for a wide variety of activities that benefit low-income residents, including but not limited to the provision of public services, property acquisition for affordable housing purposes, and economic development activities. In addition, in 2023, the State of California designated the City of Stockton as a Pro-Housing City, recognizing Stockton for committing to policies and practices that will help them remove barriers to housing production. Being designated as a Pro-Housing City, the State of California awarded Pro-Housing Incentives Pilot (PIP) Program funds to the City of Stockton in 2023 to be used for the Development of affordable housing.

In July 2024, the City of Stockton’s Economic Development Department (EDD) released the 2024 Real Property Acquisition Notice of Funding Availability (NOFA). The NOFA announced the availability of approximately $4,551,524 in funding of CDBG and Pro-Housing Incentive Pilot (PIP) program for the purpose of property acquisition leading to the development of affordable housing.

The NOFA resulted in the submittal of five applications requesting $10,015,714.

The City of Stockton is held to stringent regulations by its state and federal funding agencies. As such, the City must conduct a risk assessment of each applicant and its proposal and impose rigorous experience and capacity requirements, in addition to an assessment of the project, to ensure the selected applicant has the ability to comply with the stringent funding requirements. With this consideration, EDD’s project recommendations are being made after considering several project proposal factors, including but not limited to:
· Applicant’s timely response to the NOFA
· Responsiveness to project details as outlined in the NOFA · Overall project characteristics
· Target population to be served
· Number of units to be developed
· Developer & team capacity and experience including the ability to meet stringent state and federal regulatory requirements (assessed by the applicant’s past performance and/or information and details provided (or lack of) in the project proposal · Project funding leverage (amount of non-City funding to be contributed) · Conformance with the City’s Housing Element, Consolidated Plan, Council Goals, and Homeless Strategic Plan
· Ability to spend funds in a timely manner (based on past performance and/or information/details provided in the project proposal)
· Consideration of certain CDBG/PIP limitations in relation to the project proposals (e.g. any evident environmental review considerations/concerns)
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Present Situation
After careful review and analysis of each proposal, EDD recommends funding awards to the following projects:

TRANSITIONAL HOUSING FOR YOUTH
Applicant: Parents by Choice, Inc.

Co-Applicant: Pacific Development Group
Project Address: 523 E. Main Street, Stockton CA 95202
Funding Request: $1,500,000
Funding Recommendation: $1,500,000
Estimated Total Development Cost: $3,700,000
Est. Cost Per Unit: $308,333
Use of Funds: Property Acquisition
Estimated Number of Housing Units: 12
Council District: 5
Previous Award (if any): $0.00
Target Population Served: Former foster care, justice involved individuals, probation, low income, or at risk of homelessness
Target AMI Level: At or Below 80% of the Area Median Income (AMI) Parents by Choice (PBC) proposes to use City funds to acquire the Ruhl Building at 523 E. Main Street. The Ruhl Building is a three-story historic building in Downtown Stockton. The project concept is to maximize the number of affordable units created, while preserving the quality of the project design. PBC is initially estimating 12 units, with ten 2-bedroom units and two studios to be created.

The ground floor has four renovated commercial units of approximately 2,500 square feet each. The two upper floors have completed some construction
, with the steel beams and wood framing
completed for ten 2-BR units and two Studios. Most of the framing work for the lofts has been completed and paid for, as have the engineering and architectural design and the PG&E design and engineering for electrical service.

According to PBC, one of the four retail spaces is leased to a tenant. The other three spaces will be used for program space and to develop additional social enterprises (small businesses with a mission) to support youth employment and the needs of this growing neighborhood. PBC has created four successful social enterprises in Downtown Stockton. The opportunity for development of the Ruhl Building, if funded, will allow PBC to do more of this work in Downtown.

Once completed, the building would offer 12 units which would house up to 22 individuals. These individuals have life barriers such as involvement in the foster care system, probation, mental health, and/or at risk of homelessness. Through this project, eligible individuals would receive housing, case management, and other supportive services from PBC to help them achieve independence. This housing project would work hand in hand with the services available at the Courthouse Plaza (306 E.

Main Street) to create a community of care where they could live, work, and engage in the services they need to thrive.

This project includes Pacific Development Group, Inc as a co-partner and developer. According to the project proposal, Pacific Development Group has successfully completed multiple affordable housing City of Stockton Printed on 9/26/2024Page 3 of 5
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projects throughout California and across multiple states, many of which have been Public-Private Partnerships that have created and/or preserved thousands of affordable and workforce housing units using state and federal resources in compliance with related funding regulations.

HARDING WAY APARTMENTS
Applicant: Delta Community Developers Corp.

Co-Applicant: N/A
Project Address: 645 W. Harding Way, Stockton CA 95204
Funding Request: $1,891,000
Funding Recommendation: $1,891,000
Estimated Total Development Cost: $11,935,186
Est. Cost Per Unit: $497,299
Use of Funds: Property Acquisition & Predevelopment Costs Estimated Number of Housing Units: 24
Council District: 4
Previous Award (if any): $0.00
Target Population Served: Justice-involved mental health consumers at risk of homelessness Target AMI Level: At or Below 50% of the Area Median Income (AMI) The 645 W. Harding Way Apartments property, located at 645 W Harding Way, Stockton, CA 95204, is a strategic acquisition and adaptive reuse project aimed at transforming a former medical office building into a thriving community for residents with a history of justice-involvement or who have mental health challenges. The property sits on a 1.02-acre lot and features a single-story building with a basement. The ground floor spans 16,414 square feet, while the basement adds an additional 2,466 square feet, providing ample space for the planned rehabilitation efforts.

The intended use of the property includes creating a permanent, supportive, and stable living environment for its residents that will support their mental health, act as misdemeanor diversion, reduce recidivism, and promote long-term housing stability. The Housing Authority of the County of San Joaquin will provide tenants with Housing Choice Vouchers, ensuring that this vulnerable population has access to secure, affordable housing. In addition, the integrated clinical office space will facilitate on-site delivery of essential mental health services, fostering a holistic approach to care that addresses both the immediate and long-term needs of the residents.

According to DCDC, the current zoning allows for this transformation, and all necessary zoning requirements and site preparations will be adhered to, ensuring compliance with local regulations and enhancing livability and safety of the residents. This adaptive reuse approach will follow all relevant laws and regulations, ensuring a smooth transition to its new residential purpose.

The redevelopment of 645 W. Harding Way Apartments will result in the creation of 24 units, specifically designed to serve the justice-involved mental health residents. The unit breakdown includes:
· 24 one-bedroom apartments
· 4 clinical offices utilized by San Joaquin County Behavioral Health Services · Community room
· Laundry room
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This project will undergo significant rehabilitation, as the building is currently a former medical office.

The entire structure will be gutted and converted into residential units, which includes 24 affordable one-bedroom apartments and 4 clinical offices that will be utilized by San Joaquin County Behavioral Health Services. The scope of work involves a comprehensive overhaul of the building’s interior, including the replacement of electrical, plumbing, and the addition of modern amenities to meet the specific needs of the senior population. DCDC has estimated the cost of rehabilitation to be approximately $10.3 million. DCDC has identified potential funding sources to conduct rehabilitation work, and the rehabilitation start date is tied to securing the funding sources.

Compliance with Article XXXIV
Article XXXIV of the California Constitution requires a local election to approve affordable housing projects when the majority of the units are financed in whole or in part by the local government. In November 2010, local voters gave the City Council the authority to approve the development of up to 500 publicly assisted low-income housing units each year for a ten-year period. The Council is being asked to allocate 110 of the authorized units to this project. The units being proposed by DCDC are within the limit approved by the voters.

FINANCIAL SUMMARY
The proposed resolution will have no financial impact on the General Fund or any other unrestricted fund. The $1,500,000 of CDBG funding will be payable from fund 230, sub-fund 231. The $1,891,000 of PIP funding will be payable from special grant fund 280, sub-fund 281. In the event that a project cannot meet funding requirement obligations, the project will not move forward or funding source may be shifted between projects as outlined in the actions.

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Resolution No.

STOCKTON CITY OUNCIL

APPROVAL OF LOAN AND/OR GRANT AWARDS TO ELIGIBLE RESPONDENTS TO THE 2024 AFFORDABLE HOUSING PROPERTY ACQUISITION NOTICE OF

FUNDING AVAILABILITY

The City receives annual allocations of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) for the purpose of advancing the City’s affordable housing and community development needs of low-income residents; and

CDBG funds are used for a wide variety of activities that benefit low -income residents, including but not limited to the provision of public services, property acquisition for affordable housing purposes, and economic development activities; and

In addition, in 2023, the State of California designated the City of Stockton as a Pro-Housing City, recognizing Stockton for committing to policies and practices that will help them remove barriers to housing production. Being designated as a Pro -Housing City, the State of California awarded Pro-Housing Incentives Pilot (PIP) Program funds to the City of Stockton in 2023 to be used for the Development of affordable housing; and

In July 2024, the City of Stockton’s Economic Development Department (EDD) released the 2024 Real Property Acquisition Notice of Funding Availability (NOFA); and

The NOFA announced the availability of approximately $4,551,524; and

The NOFA sought project proposals from qualified nonprofit housing developers and/or housing or service providers to provide CDBG and PIP funds to acquire real property to be used for the development of affordable housing; and

The NOFA resulted in the submittal of five applications requesting $10,015,714 ; and

The City of Stockton is held to stringent regulations by its State and Federal funding agencies. As such, the City must conduct a risk assessment of each applicant and its proposal and impose rigorous experience and capacity requirements, in addition to an assessment of the project, to ensure the selected applicant has the ability to comply with the stri ngent funding requirements. Under this consideration, EDD’s project recommendations are being made after considering several project proposal factors; and

After careful review and analysis of each proposal, EDD recommends funding awards to the following projects:

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1) Parents By Choice Transitional Housing for Youth project located at 523 E.

Main Street, Stockton CA 95202 in the amount of $1,500,000 . The project proposes to serve former foster care, justice involved individuals, probation, low income, or at risk of homelessness with incomes at or below 80% of the Area Median Income (AMI).

2) Delta Community Deve lopers Corp. Harding Way Apartments located at 645 E. Harding Way in the amount of $1,891,000 . The project proposes to serve Justice involved mental health consumers at risk of homelessness with incomes at or below 50% of the Area Median Income (AMI); and

Due to the proposed public financing, the development of the project must be approved pursuant to Article XXXIV (34) of the California Constitution, which requires a local election to approve affordable housing projects; and

In 2010, local voters gave the City Council the authority to approve up to 500 units per year. The proposed units are within this limit; now, therefore,

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

1. Approving a $1,500,000 loan and/or grant award to Parents by Choice, Inc. for the purpose of acquiring property located at 523 E Main Street, Stockton CA for development of a Transitional Housing for Youth affordable housing project.

2. Approving a $1,891,000 loan and/or grant award to Delta Community Developers Corp. (DCDC) for the purpose of acquiring property located at 645 W. Harding Way, Stockton CA for development of the Harding Way Apartments affordable housing project.

3. Awarding and Allocating Pro Housing Incentive Program Grant Funds and/or Community Development Block Grant Funds not to exceed a combined total of $3,391,000.00 to the projects that best strategically meet grant expenditure deadlines.

4. Approving the allocation of 36 -units of affordable housing through the Transitional Housing for Youth and Harding Way Apartments projects pursuant to Article XXXIV of the California Constitution; and

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5. The City Manager or designee is hereby authorized to execute all documents and take all necessary and appropriate actions to carry out the purpose and intent of the 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
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City of Stockton
Legislation Text
File #: 24-0962, Version: 1

APPROVE MOTION TO AWARD CONTRACT TO GOLDEN STATE COMMUNICATIONS TO

PROVIDE RADIO COMMUNICATIONS AND SYSTEMS SUPPORT SERVICES

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

1. Authorize the City Manager to enter into an agreement with Golden State Communications for radio and infrastructure maintenance fees, non-covered repairs, and support services of the City’s radio communications system in the amount of $3,205,277.40 (Attachment A) and authorize an additional contingency of $300,000.00, for a total amount of $3,505,277.40, for a duration of five (5) years, beginning October 1, 2024, through September 30, 2029;

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

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

Summary
The City owns and operates a radio communication system utilized by the Police, Fire, Municipal Utilities, and Public Works departments. The City’s radio system is a Motorola proprietary system. It can be supported only by a Motorola-certified vendor or designated Manufacturer Representative (MR), and Motorola assigns only one MR to each state/local account. Delta Wireless, Inc. was the MR assigned to the City of Stockton until it closed its business on October 31, 2023. Motorola provided ongoing maintenance support to San Joaquin County customers in the interim until a long- term contract could be negotiated. On March 19, 2024, a Request for Proposal (RFP) was published (PUR 24-029), and nine prospective proponents were notified directly via email that the City was requesting proposals for public safety radio communication systems maintenance services.

Staff is recommending that the Council approve a new Service Agreement with Golden State Communications for continued radio maintenance and support services in the amount of $3,205,277.40 and authorize an additional contingency of $300,000.00, for a total of $3,505,277.40, beginning October 1, 2024, through September 30, 2029.

DISCUSSION
Background
The City owns and operates a private 13-channel radio communication system utilized by the Fire, City of Stockton Printed on 9/26/2024Page 1 of 3
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Municipal Utilities (MUD), Police, and Public Works departments. This system's primary function is public safety and to ensure that police officers, firefighters, and other personnel have radio communication capabilities among individuals, vehicles, and dispatch/command centers. As part of the overall radio system, the City maintains 901 handheld radios, 619 mobile radios installed in vehicles, and 10 radio tower sites for the City’s infrastructure.

The City is undertaking a major replacement of radio infrastructure, migrating from an outdated conventional radio system to a modern trunking system. The first phases have been completed, which entailed replacing the radio consoles in the dispatch centers, installing a radio core, and logging recorders. The final phase is the replacement of all equipment on the radio towers. The City remains on the old radio system while project phases for microwave and channel equipment replacements are underway and nearing completion. Until completed, there is a requirement for continued maintenance of the current legacy system.

The City’s radio system is a Motorola proprietary system. It can be supported only by a Motorola- certified vendor or designated Manufacturer Representative (MR), and Motorola assigns only one MR to each state/local account. On April 4, 2023, Council approved Motion 2023-04-04-1204 authorizing an expenditure authority of $607,685 with Delta Wireless, as the only certified MR, for continued maintenance services of the legacy system to be provided through June 30, 2024.

On October 2, 2023, Delta Wireless submitted a 30-day notification of cancellation due to the closing of its business and terminated the radio maintenance contract with the City, effective October 31, 2023. On January 9, 2024, Council approved Motion 2024-01-09-1207, ratifying an emergency purchase of continued maintenance, repair, and support services for the public safety radio communications system, with services provided directly from Motorola for the remaining renewal term of the original agreement with Delta Wireless and at the same rates.

On February 2, 2024, the City Manager approved the solicitation of proposals to provide radio communications and systems maintenance and support services, and on March 19, 2024, a Request for Proposal (RFP) was posted on the City's website (PUR 24-029). Additionally, nine prospective proponents were notified via email that the City was requesting proposals.

This request before Council is to award a new contract to Golden State Communications for continued radio maintenance and support services beginning October 1, 2024, through September 30, 2029.

Present Situation
The RFP PUR 24-029 for Public Safety Radio Communication Systems Maintenance Services closed on April 18, 2024. One proposal was received from Golden State Communications. No other proposals were received.

An evaluation panel of representatives from Police, Fire, and Information Technology evaluated the proposal and conducted personal interviews. The panel determined that Golden State Communications provides the City with the best value, qualifies as Motorola-certified, and provides a proposed service level equivalent to that of the current service provider, which expired on June 30, 2024, and is currently month-to-month.

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File #: 24-0962, Version: 1
The City does not have the specialized personnel or equipment to perform the work required to maintain the radio communication system without a professional services contract. Staff recommends Council approve findings and award a new, five-year contract to Golden State Communications for radio and infrastructure maintenance fees, non-covered repairs, and support services for a total purchase authority in the amount of $3,505,277.40 (Table 1).

Table 1 - Proposed Purchase Authority
Expenditure
Description
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Total Radio System
Maintenance
$641,055.48 $641,055.48 $641,055.48 $641,055.48 $641,055.48 $3,205,277.40 Contingency
(non-covered
repairs)
$60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $300,000.00 Total $701,055.48 $701,055.48 $701,055.48 $701,055.48 $701,055.48 $3,505,277.40 Findings:

Stockton Municipal Code section 3.68.070 authorizes the City Council to approve findings that support an exception to the competitive bidding process. In this item, these findings include:

1. Radio system maintenance is a very specialized field and requires an experienced firm to provide such services. Furthermore, the City does not have the specialized personnel or equipment to perform the work required to maintain the radio communication system.

2. Use of the RFP process is appropriate for this Professional Services Contract because it relies on evaluating professional qualifications and performance as the basis for selecting a vendor.

The selected vendor was the most qualified based on these criteria.

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

FINANCIAL SUMMARY
The proposed agreement with Golden State Communications is for radio and infrastructure maintenance fees, non-covered repairs, and support services of the City’s radio communications system. The total expenditure authority requested is for an estimated amount of $3,505,277.40, for a duration of five (5) years, from October 1, 2024, through September 30, 2029 (see Table 1). The budget for FY 2024-25 expenses is appropriated in the 510 Technology Fund. Future annual costs will be included in the annual budget appropriation process.

Attachment A - Golden State Communications Contract
City of Stockton Printed on 9/26/2024Page 3 of 3
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CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton ("City") and I
Agreement Number:

Golden State Communications ("Contractor") to provide Radio Maintenance as set forth in Exhibit A to this Agreement.

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: upon execution Terminates on: 5-years

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $1$3,205,277.40 I

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

CONTRACTOR
Golden State Communications
Contractor' Name (if other than an individual, state whether a corporation, partnership, etc.):
� :i. , c' I 1 e, I,. oz,.,
Printed Name and Title of Person digning
978 Rincon Circle, San Jose, CA 95131
Address

CITY OF STOCKTON
Harry Black, City Manager
ATTEST:

Katherine Roland, CMC, CPMC, Interim City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:
1 (Rev. 10.27.22)
Date
Date

ATTACHMENT A
209
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 Maximize uptime of all radio communications equipment within project scope.

1.2 Proactively maintain the radio communications system and subscriber radios through preventive maintenance activities.

Detailed Systems Descriptions by Department
The City owns and operates a private 13-channel radio communication system utilized by the Fire, Municipal Utilities (MUD), Police, and Public Works departments. The City is undertaking a major replacement of radio infrastructure, migrating from an outdated conventional radio system to a modern trunking system. The City remains on the old radio system while project phases for microwave and channel equipment replacements are underway and nearing completion. Until completed, there is a requirement for continued maintenance of the current legacy system. The long-term infrastructure replacement project is underway and nearing completion; however, while the City remains on the current radio infrastructure, the current system must be maintained.

The City's Public Safety and Local Government RF Systems are private and standalone.

The City of Stockton holds and maintains all FCC licenses for its VHF, UHF and systems.

This effort utilizes many types of transport or connectivity to support the complexity of the City's Public Safety area operations. Furthermore, the city is contractually co-located with San Joaquin County to utilize its antenna systems, emergency power, and equipment shelters.

2. Project Scope
The contractor shall furnish all services, parts, materials, and labor to support the operation of the City's private wireless systems. The City requires a high level of "Systems Support" under this contract. Integrating both voice and data subsystems requires extensive knowledge and experience in the Radio Frequency (RF) and Information Technology fields. The equipment and systems supported shall include a wide area RF analog and digital voice modulation, encryption, Public Safety mobile data infrastructure, PSAP consoles, digital microwave, fiber MUX, and CSU/DSU equipment. Parts and materials used shall be in accordance with the equipment manufacturer’s recommendation and approved by the City. Manufacturers include but are not limited to Motorola, Adtran, David Clark, Juniper, Cisco, HP, AT&T, and Microwave Network Inc.

ATTACHMENT A
210
2 (Rev. 10.30.18)
Radio maintenance services shall include all parts, labor, and travel required to repair and maintain the City-Wide Trunk Radio Communication System fixed, mobile and portable radios, bases, repeaters, Communication Center Radio System, microwave network, system monitoring with email notifications, and other related equipment that have become defective through normal wear and use. The contractor shall include, but not be limited to, programming new equipment, updating codeplugs, and reprogramming all codeplugs for mobile and portable radios and other related equipment. The contractor shall perform this service for a fixed annual fee, invoiced monthly, that the maintenance contract covers. Maintenance shall include at least one (1) annual preventative maintenance, and a report shall be submitted to the Police Department on equipment condition, with any recommendations if needed. The contractor shall cover all listed equipment, servers, software, and related equipment. Any equipment replaced or removed from the system for disposal is the property of the City of Stockton and is not to leave the premises without written consent from the City.

Additionally, the Golden State Communications shall perform the following:

2.1.1. Installation of new systems will be an additional charge to the City and will be negotiated with the new system purchase. This includes mobile and portable units.

2.1.2. Services shall be provided in accordance with the manufacturer’s standard commercial practices and shall be performed at a location agreeable to the City.

Motorola products must be installed and repaired per the Motorola R56 standards where applicable.

2.1.3. Golden State Communications shall only have the right to subcontract in whole or in part any service delivered to the City under this contract with prior approval of the City.

2.1.4. All equipment shall be maintained at a level at least or equal to the maintenance specifications recommended by the manufacturer for the items on the equipment schedule. To support these tasks, Golden State Communications must provide an authorized Motorola service and warranty center with component-level repair facilities staffed for “on-demand “Public Safety” services.

2.1.5. Golden State Communications shall maintain an adequate stock of service parts and components to ensure prompt maintenance and repair of the City’s equipment schedule. The spare parts inventory cost shall be Golden State Communications’ responsibility.

2.1.6. All parts and sub-assemblies proposed to be replaced by Golden State Communications shall be replaced as the equipment manufacturer recommends; however, substitutions may be proposed by Golden State Communications and shall be subject to approval by the City’s designated representative(s). The City’s representative shall review items proposed for substitution for compliance with the manufacturer’s specifications and field performance standards.

ATTACHMENT A
211
3 (Rev. 10.30.18)

2.1.7. Routine maintenance shall be available Monday through Friday, 8:00 a.m. – 5:00 p.m., excluding City holidays. Equipment removed from service for routine maintenance and found to require unusual downtime, extensive repair, or beyond repair shall be reported immediately to the City’s designated representative. The list of the City’s “Next Business Day Response Portable/Mobile Equipment” is found in with Exhibit 1 Fee Proposal.

2.1.8. Golden State Communications shall provide an existing local facility with service vehicles and test equipment required for furnishing services at its sole cost and expense. The City may inspect these assets throughout the contract period for compliance. The Golden State communications’ work within the City’s facilities shall be confined to the area occupied by the operating equipment during its normal use, except as authorized by the City’s designated representative(s).

2.1.9. Emergency Service – In addition to regularly scheduled maintenance, the Golden State Communications shall meet the following criteria:

Provide emergency service three hundred sixty-five (365) days per year, twenty-four (24) hours per day, with thirty (30) minute response time as follows:
 Local service technicians shall be made available for emergency service at any time during the contract period. The City’s designated representative(s) will direct the technicians.
 In case of an Emergency, the City’s designated representative(s) will direct the contractor’s technicians. The nature of the problem will determine the priority of service.
 The Golden State Communications shall provide the means of contacting the emergency service technician (e.g., telephone, Cell phone, pager, etc.) or the designated technician on call.
 Base stations, repeaters, Communications Center Equipment, and key emergency vehicles require 24-hour emergency service. The list of “24/7 Response Backbone & Microwave Equipment can be found in Exhibit 1 A and B, respectively.
 The Maintenance and repair service is intended to be a comprehensive service that includes all parts and labor. To ensure the quality of repair to the City’s radio investment, on-site component-level repair is required. City equipment sent to repair depots will require City pre-approval. See Exhibit 2 - Equipment Site Locations for a list of equipment sites.

2.1.10. Golden State Communications shall not make modifications to equipment unless specifically approved by the City’s representative.

ATTACHMENT A
212
4 (Rev. 10.30.18)

2.1.11. Golden State Communications shall be responsible for notifying the City and complying with all agency requirements for licensing and permits required for the legal operation of the City’s systems. At a minimum, the Golden State Communications Systems Integrator shall possess an FCC Radio and Telephone license. Golden State Communications shall possess a valid State of California Electrical Contractors license, required manufacturer certifications, and City business licenses. Golden State Communications' responsibility shall be any other application required to maintain valid licenses and permits now or in the future.

2.1.12. Golden State Communications’ employees assigned to the maintenance of city equipment shall hold technical certificates and be required to pass a background investigation conducted by the City of Stockton Police Department. Successful Golden State Communications shall be responsible for all fees for background checks for each employee, including backup employees.

2.1.13. Golden State Communications shall assign representatives to coordinate the performance of the proposed contract with the City’s representative(s). The City’s designated representative(s) shall be responsible for requesting scheduling, installations, modifications, equipment removals, and requests for service.

Golden State Communications shall staff and maintain experienced human resources to coordinate daily service, repairs, parts ordering, installations, equipment tracking, and problem resolution during the contract period. Golden State Communications shall provide quarterly service statistics and inventory control, including equipment model and serial number, unit date-in/date-out, City asset number, unit description, repair ticket number, repair turn-time, units waiting for parts, and year-to-date equipment repaired log.

2.1.14. Any requests for service received by the Golden State Communications representative from other than the City’s designated representative shall immediately be referred to the City’s designated representative, who shall approve or obtain approval for the request prior to authorizing the proposer to perform the work requested.

2.1.15. Golden State Communications shall provide the City with a 90-day written notice if going out of business.

3. Response/Repair Time
Upon receipt of notice of outage or malfunction, Golden State Communications shall initiate repair or adjustments as required to place the equipment in normal working condition. Response time is defined as the allotted time from receipt of trouble calls to arrival at the equipment site by authorized service personnel. The following response times will be quoted:

3.1.1. Golden State Communications shall quote a cost associated with Twenty-four (24) hour coverage and thirty (30) minute response, which will be provided on

ATTACHMENT A
213
5 (Rev. 10.30.18)
base stations, tower equipment, dispatch consoles/core, and key command vehicles 365 days per year.

3.1.2. The remaining equipment will be covered on a normal five-day (Monday through Friday), 40-hour workweek. The response will be same day whenever possible.

3.1.3. Routers on Microwave Networks Inc. Microwave System:

3.1.3.1. On-site advance hardware replacement with configuration restoral is required.

3.1.3.2. All parts, hardware, material, and labor required for maintenance will be delivered On-site within 4 hours after the problem has been assessed.

3.1.3.3. The City may allow next-day delivery of the hardware based on the outage site and the product's current availability.

3.1.4. Software support and updates:

3.1.4.1. Golden State Communications shall be responsible for installing defect patches and maintenance releases as defined by the manufacturer as a major requirement for the ongoing operation and support of the hardware.

3.1.4.2. The management agent software on all hardware provided shall be the same version or higher on all advanced replacement hardware.

3.1.5. The City reserves the right to add, delete, or change equipment on the “Radio Inventory Equipment Lists” as required by the City’s designated representative(s). Additions or deletions may be single items or include complete facilities. For additions or changes, the monthly maintenance cost shall be determined on the same basis as the prices currently in effect for existing items.

Such additions, deletions, or changes shall become effective immediately for service, but charges shall coincide with the beginning of the next fiscal year.

4. Maintenance Standards

4.1.1. All equipment shall be maintained to the manufacturer’s specifications. Motorola R56 standards shall be applied to all fixed equipment.

4.1.2. Exact manufacturer’s replacement parts shall be used to repair radio equipment to the maximum extent practical.

4.1.3. Preventative maintenance shall be performed on a semi-annual basis on fixed equipment and shall include, as a minimum, the following:

ATTACHMENT A
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6 (Rev. 10.30.18)
 Physical inspection of equipment, housings, line kits, antennas, controls, microphones, and cables. Adjustments or corrections shall be made as required.
 Any oil, water, dust, and foreign substances shall be removed from the equipment.
 Measurement of transmit power output and adjustment to rated output as necessary.
 Measurement of the reflected power of the transmitter antenna system and any required correction or recommendation for necessary work.  Measurement and any necessary adjustment of frequency and modulation, as often as required by the FCC.
 Measurement and any necessary adjustment of receiver sensitivity.  Measurement and any necessary adjustment of CTCSS system.  Any other corrective action necessary to bring equipment manufacturer’s specifications.

4.1.4. Power output of all transmitters shall be maintained within 10% of the Manufacturer’s Rated Output Power unless otherwise directed by the City or restricted by the Federal Communications Commission.

5. Installation Standards

5.1.1. Equipment shall be securely mounted in such a manner as to prevent coming loose due to vibration.

5.1.2. All cables shall be neatly arranged and taped or tied, where necessary, and positioned in a manner to protect them from damage.

5.1.3. The antenna system shall be properly matched and tuned to provide optimum power output from the antenna.

5.1.4. The finished installation shall be checked physically and technically, and any corrective work shall be done.

5.1.5. The City shall give the Contractor at least two days' notice when requesting installation work unless emergency conditions exist, e.g., a vehicle accident.

5.1.6. System integrity is vital in a complex communication system, the City reserves the right to assess the qualifications of persons called upon to perform design, reconfiguration, and installation work on equipment included or added to this contract. The City’s RF systems share various modes of wide-area

ATTACHMENT A
215
7 (Rev. 10.30.18)
interconnected transport. The Golden State Communications must have 24/7 access to qualified data and voice specialists to support this contract, which contains critical Public Safety voice and data circuits.

5.1.7. Fixed equipment installation must meet industry and/or Motorola R56 standards.

5.1.8. Programming shall be provided to restore the frequency configuration caused by unit failure and/or to support the servicing of the unit.

5.1.9. Category cable and VIP 1000 standard for voice and data cabling, cabling management, and cable terminations shall be installed and tested by a certified cabling technician with a State Contractor license.

5.1.10. RF coaxial antenna lines shall be terminated/connected by a certified RF installer.

6. Additional Support, Standards, Proficiencies, and Required Experience

6.1.1. Golden State Communications must maintain the following status as a Motorola MSS, Motorola Warranty Repair Center, State of California Electrical Contractors License, and Computer Networking Certifications during the contract period.

6.1.2. Golden State Communications shall work with telephone company personnel to identify the location of any leased line malfunctions and follow the telephone company's written reporting processes.

6.1.3. Golden State Communications shall work with other equipment maintenance contractors under contract with the City to maintain equipment and/or subsystems that are interconnected, interfaced, or associated with the City’s RF systems or data systems. The maintenance Golden State Communications must have more than one certified technician on staff with certification in the products listed below:

Product Training Certificate Required
Motorola MCC7500 Console Yes
Motorola GTR 8000 Yes
David Clark Equipment Yes
Adtran TSU 600/100 YES
Motorola ASTRO 25 Conventional Software YES
Motorola ASTRO 25 Conventional Simulcast Software YES
APCO and/or FCC-certified technicians YES
State Contractors License YES
Motorola M3 Core switch YES
Motorola Astro 25 IV&D System Networking YES
Motorola Astro 25 IV&D Trunked Systems YES
Motorola Astro 25 Integrated Voice and Data YES
Enhanced Telephone Interconnect YES

ATTACHMENT A
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8 (Rev. 10.30.18)
Motorola CPS Programming and Template Building YES
Motorola Astro 25 Radio System Management Applications YES In addition, Golden State Communications shall include a plan for measurement and maintenance of all systems and equipment, including but not limited to:

1. Communications service monitor with digital capable spectrum analyzer

2. T.I.M.S (time in microseconds) set

3. Decibel (DB) meters for setting levels

4. Watt meters

5. Radio propagation and mapping software

6. Any other industry standard and customary equipment

7. Deliverables, Reports and Tracking of Services
Golden State Communications will deliver the following:

7.1.1. Golden State Communications shall be responsible for providing, on a weekly basis, a detailed written recap of the services rendered by day during the previous week. This recap must be included within Golden State Communications’ monthly invoice (itemized) and include the following:

1. Vehicle number or equipment location

2. Type of equipment

3. Model number

4. Serial number

5. City’s inventory number

6. Complete description of work performed, including time required, and parts used.

7.1.2. The following notification of services to be performed are required:

7.1.2.1. Golden State Communications shall also attend a weekly meeting.

While the City prefers in-person meetings, the City will consider occasional virtual meetings with designated representatives. Topics will include, but are not limited to, weekly trouble ticket reports, open-ended items, and timeline and project updates.

ATTACHMENT A
217
9 (Rev. 10.30.18)

7.1.2.2. Prior to work being done, Golden State Communications shall notify the City of Stockton Information Technology Helpdesk and request for the Helpdesk technician to open a work order ticket with the following details:
a. Vehicle number or equipment location
b. Type of equipment
c. Model number
d. Serial number
e. City’s inventory number
f. Provide a complete description of the work performed, including the time required and the parts used.

7.1.3. The annual cost schedule is updated and provided each year by May 1st, including any adjustments based on approved equipment changes, shown for each and all remaining years. The annual cost schedule includes a 5-year outlook and maintenance cost estimation for any planned changes.

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

Contractor: Golden State Communications, Inc. City: City of Stockton Attn: Controller Attn: Information Technology
978 Rincon Circle 425 N. El Dorado Street
San Jose, CA 95131 Stockton, CA 95202

9. Key Personnel
Gary Carroll George Gonalez
Founder & President Director of Technical Services
[email protected] [email protected]
Matthew Igel Dave Mexico
Director Public Safety Markets Director Service Department [email protected] [email protected]

10. Option to Renew.

The total term of the Agreement shall not exceed 5 years.

ATTACHMENT A
218
REV 2022-05-17
Exhibit B:

Insurance Requirements
(Public Safety Radio Communication Systems Maintenance, Repair, and Engineering Services)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

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

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

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

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if contractor provides written
verification it has no employees)
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

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

Additional Insured Status

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

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

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

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this

ATTACHMENT A
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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.

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

ATTACHMENT A
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REV 2022-05-17
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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

ATTACHMENT A
222

EXHIBIT C

GENERAL T

ERMS AND CONDITIONS

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

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

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

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

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

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

5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 ATTACHMENT A
223
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final deliver y to the City, the Contractor shall replace them at its own expense.

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

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

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

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

9. Contractor’s Status.

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

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

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

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

10. Subcontractor.

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

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

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

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 ATTACHMENT A
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11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party ’s option, may terminate this Agreement by giving written notification to the other party.

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

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

13. Indemnity and Hold
Harmless. To the fullest extent permitted by law,
Contractor shall hold harmless, defend
and indemnify City of Stockton and
its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, cos
ts (including without limitation costs and
fees of litigation) of every
nature arising out of or in connection with
Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in
this agreement, except such loss or damage
which was caused by the
sole negligence or willful misconduct of the City
of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance
obligations contained in this agreement.

These obligations shall survive the completion or termination of this agreement.

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

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

16. Conformance to Applicable Laws
. Contractor shall comply with all
applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement
on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 ATTACHMENT A
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17. Licenses, Certifications and Permits . Prior to the City ’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

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

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

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

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

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

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the Cit y or for any amount due Contractor.
5 ATTACHMENT A
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24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

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

assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neithe r party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a for ce majeure event, and to use diligent efforts to re- commence performance as promptly as commercially practicable.

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

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 ATTACHMENT A
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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorn eys or the opportunity to seek such advice.

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

31. Entire Agreement, Integration, and Modification.

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

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

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

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

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

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

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

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

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

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

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

3. Time for Performance.

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

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

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losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

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

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

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

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

5. Compensation

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

5.1.1 Contr
actor shall be compensated for services rendered and
accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed

ATTACHMENT A
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basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

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

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

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

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

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

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

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

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

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

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1 (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 $3,205,277.40 (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 Exhibits 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 on work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to the City’s needs. The City shall not pay a markup on any items listed in i, ii, or iii.

Additionally, items such as telephone, fax, postage, or freight are already included in the billable hourly rate. The 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 the Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, the 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.

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2 (Rev. 10.30.18)

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

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

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 Annual Maintenance Year 1 $641,055.48
2 Annual Maintenance Year 2 $641,055.48
3 Annual Maintenance Year 3 $641,055.48
4 Annual Maintenance Year 4 $641,055.48
5 Annual Maintenance Year 5 $641,055.48
TOTAL PRICE $3,205,277.40

3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.

Hourly Billable Rate Schedule
Title Role on Project
Hourly
Billable
Rates
Tech Time Radio maintenance, repair $150
$

4. Additional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:

Title Unit Price
$

5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit and the completed work product/deliverable for the agreed- upon price listed in this Exhibit. Invoices shall be submitted via email to [email protected]

ATTACHMENT A
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EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 7500 RA109823 656CQV0724 M30TXS9W1AN
APX 6500 RA109866 527CQZ4305 M25QSS9PW1AN
APX 6500 RA109867 527CQZ4306 M25QSS9PW1AN
APX 6500 RA109868 527CQZ4307 M25QSS9PW1AN
APX 6500 RA109869 527CQZ4308 M25QSS9PW1AN
APX 6500 RA109870 527CQZ4309 M25QSS9PW1AN
APX 6500 RA109871 527CQZ4310 M25QSS9PW1AN
APX 6500 RA109872 527CQZ4311 M25QSS9PW1AN
APX 6500 RA109873 527CQZ4312 M25QSS9PW1AN
APX 6500 RA109874 527CQZ4313 M25QSS9PW1AN
APX 6500 RA109875 527CQZ4314 M25QSS9PW1AN
APX 6500 RA109876 527CQZ4315 M25QSS9PW1AN
APX 6500 RA109877 527CQZ4316 M25QSS9PW1AN
APX 6500 RA109878 527CQZ4317 M25QSS9PW1AN
APX 6500 RA109879 527CQZ4318 M25QSS9PW1AN
APX 6500 RA109880 527CQZ4319 M25QSS9PW1AN
APX 6500 RA109881 527CQZ4320 M25QSS9PW1AN
APX 6500 RA109882 527CQZ4321 M25QSS9PW1AN
APX 6500 RA109883 527CQZ4322 M25QSS9PW1AN
APX 6500 RA109884 527CQZ4323 M25QSS9PW1AN
APX 6500 RA109885 527CQZ4324 M25QSS9PW1AN
APX 6500 RA109886 527CQZ4325 M25QSS9PW1AN
APX 6500 RA109887 527CQZ4326 M25QSS9PW1AN
APX 6500 RA109888 527CQZ4327 M25QSS9PW1AN
APX 6500 RA109889 527CQZ4328 M25QSS9PW1AN
APX 6500 RA109890 527CQZ4329 M25QSS9PW1AN
APX 6500 RA109891 527CQZ4330 M25QSS9PW1AN
APX 6500 RA109892 527CQZ4331 M25QSS9PW1AN
APX 6500 RA109893 527CQZ4332 M25QSS9PW1AN
APX 6500 RA109894 527CQZ4333 M25QSS9PW1AN
APX 6500 RA109895 527CQZ4334 M25QSS9PW1AN
APX 6500 RA109896 527CQZ4335 M25QSS9PW1AN
APX 6500 RA109897 527CQZ4336 M25QSS9PW1AN
APX 6500 RA109898 527CQZ4337 M25QSS9PW1AN
APX 6500 RA109899 527CQZ4338 M25QSS9PW1AN
APX 6500 RA109900 527CQZ4339 M25QSS9PW1AN
APX 6500 RA109901 527CQZ4340 M25QSS9PW1AN
APX 6500 RA109902 527CQZ4341 M25QSS9PW1AN
APX 6500 RA109903 527CQZ4342 M25QSS9PW1AN
APX 6500 RA109904 527CQZ4343 M25QSS9PW1AN
APX 6500 RA109905 527CQZ4344 M25QSS9PW1AN
APX 6500 RA109906 527CQZ4346 M25QSS9PW1AN
APX 6500 RA109907 527CQZ4347 M25QSS9PW1AN
APX 6500 RA109908 527CQZ4348 M25QSS9PW1AN
1 ATTACHMENT A
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EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6500 RA109909 527CQZ4349 M25QSS9PW1AN
APX 6500 RA109910 527CQZ4350 M25QSS9PW1AN
APX 6500 RA109911 527CQZ4351 M25QSS9PW1AN
APX 6500 RA109912 527CQZ4352 M25QSS9PW1AN
APX 6500 RA109913 527CQZ4353 M25QSS9PW1AN
APX 6500 RA109914 527CQZ4354 M25QSS9PW1AN
APX 6500 RA109915 527CQZ4355 M25QSS9PW1AN
APX 6500 RA109916 527CQZ4356 M25QSS9PW1AN
APX 6500 RA109917 527CQZ4357 M25QSS9PW1AN
APX 6500 RA109918 527CQZ4358 M25QSS9PW1AN
APX 6500 RA109919 527CQZ4359 M25QSS9PW1AN
APX 6500 RA109920 527CQZ4360 M25QSS9PW1AN
APX 6500 RA109921 527CQZ4361 M25QSS9PW1AN
APX 6500 RA109922 527CQZ4362 M25QSS9PW1AN
APX 6500 RA109923 527CQZ4363 M25QSS9PW1AN
APX 6500 RA109924 527CQZ4364 M25QSS9PW1AN
APX 6500 RA109925 527CQZ4365 M25QSS9PW1AN
APX 6500 RA109926 527CQZ4366 M25QSS9PW1AN
APX 6500 RA109927 527CQZ4367 M25QSS9PW1AN
APX 6500 RA109928 527CQZ4368 M25QSS9PW1AN
APX 6500 RA109929 527CQZ4406 M25QSS9PW1AN
APX 6500 RA109930 527CQZ4407 M25QSS9PW1AN
APX 6500 RA109931 527CQZ4408 M25QSS9PW1AN
APX 6500 RA109932 527CQZ4409 M25QSS9PW1AN
APX 6500 RA109933 527CQZ4410 M25QSS9PW1AN
APX 6500 RA109934 527CQZ4411 M25QSS9PW1AN
APX 6500 RA109935 527CQZ4412 M25QSS9PW1AN
APX 6500 RA109936 527CQZ4413 M25QSS9PW1AN
APX 6500 RA109937 527CQZ4414 M25QSS9PW1AN
APX 6500 RA109938 527CQZ4415 M25QSS9PW1AN
APX 6500 RA109939 527CQZ4416 M25QSS9PW1AN
APX 6500 RA109940 527CQZ4417 M25QSS9PW1AN
APX 6500 RA109941 527CQZ4418 M25QSS9PW1AN
APX 6500 RA109942 527CQZ4419 M25QSS9PW1AN
APX 6500 RA109943 527CQZ4420 M25QSS9PW1AN
APX 6500 RA109944 527CQZ4421 M25QSS9PW1AN
APX 6500 RA109945 527CQZ4422 M25QSS9PW1AN
APX 6500 RA109946 527CQZ4423 M25QSS9PW1AN
APX 6500 RA109947 527CQZ4424 M25QSS9PW1AN
APX 6500 RA109948 527CQZ4425 M25QSS9PW1AN
APX 7500 RA109949 656CQZ2167 M30QSS9PW1AN
APX 7500 RA109950 656CQZ2168 M30QSS9PW1AN
APX 7500 RA109951 656CQZ2169 M30QSS9PW1AN
APX 7500 RA109952 656CQZ2170 M30QSS9PW1AN
2 ATTACHMENT A
237
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 7500 RA109953 656CQZ2171 M30QSS9PW1AN
APX 7500 RA109954 656CQZ2172 M30QSS9PW1AN
APX 7500 RA109955 656CQZ2173 M30QSS9PW1AN
APX 7500 RA110144 656CRX0534 M30TXS9W1AN
APX 7500 RA110145 656CRX0535 M30TXS9W1AN
APX 7500 RA110147 656CSM3925 M30TXS9W1AN
APX 6500 RA110493 527CRR1852 M25QSS9PW1AN
APX 6500 RA110494 527CRR1853 M25QSS9PW1AN
APX 6500 RA110495 527CRR1854 M25QSS9PW1AN
APX 6500 RA110496 527CRR1855 M25QSS9PW1AN
APX 6500 RA110497 527CRR1856 M25QSS9PW1AN
APX 6500 RA110498 527CRR1857 M25QSS9PW1AN
APX 6500 RA110499 527CRR1858 M25QSS9PW1AN
APX 6500 RA110500 527CRR1859 M25QSS9PW1AN
APX 6500 RA110501 527CRR1860 M25QSS9PW1AN
APX 6500 RA110502 527CRR1861 M25QSS9PW1AN
APX 6500 RA110503 527CRR1862 M25QSS9PW1AN
APX 6500 RA110504 527CRR1863 M25QSS9PW1AN
APX 6500 RA110505 527CRR1864 M25QSS9PW1AN
APX 6500 RA110506 527CRR1865 M25QSS9PW1AN
APX 6500 RA110507 527CRR1866 M25QSS9PW1AN
APX 6500 RA110508 527CRR1867 M25QSS9PW1AN
APX 6500 RA110509 527CRR1868 M25QSS9PW1AN
APX 6500 RA110510 527CRR1869 M25QSS9PW1AN
APX 6500 RA110511 527CRR1870 M25QSS9PW1AN
APX 6500 RA110512 527CRR1871 M25QSS9PW1AN
APX 6500 RA110513 527CRR1872 M25QSS9PW1AN
APX 6500 RA110514 527CRR1873 M25QSS9PW1AN
APX 6500 RA110515 527CRR1874 M25QSS9PW1AN
APX 6500 RA110516 527CRR1875 M25QSS9PW1AN
APX 6500 RA110517 527CRR1876 M25QSS9PW1AN
APX 6500 RA110518 527CRR1877 M25QSS9PW1AN
APX 6500 RA110519 527CRR1878 M25QSS9PW1AN
APX 6500 RA110520 527CRR1879 M25QSS9PW1AN
APX 6500 RA110521 527CRR1880 M25QSS9PW1AN
APX 6500 RA110522 527CRR1881 M25QSS9PW1AN
APX 6500 RA110523 527CRR1882 M25QSS9PW1AN
APX 6500 RA110524 527CRR1883 M25QSS9PW1AN
APX 6500 RA110525 527CRR1884 M25QSS9PW1AN
APX 6500 RA110526 527CRR1885 M25QSS9PW1AN
APX 6500 RA110527 527CRR1886 M25QSS9PW1AN
APX 6500 RA110528 527CRR1887 M25QSS9PW1AN
APX 6500 RA110529 527CRR1888 M25QSS9PW1AN
APX 6500 RA110530 527CRR1889 M25QSS9PW1AN
3 ATTACHMENT A
238
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6500 RA110531 527CRR1890 M25QSS9PW1AN
APX 6500 RA110532 527CRR1891 M25QSS9PW1AN
APX 6500 RA110533 527CRR1892 M25QSS9PW1AN
APX 6500 RA110534 527CRR1893 M25QSS9PW1AN
APX 6500 RA110535 527CRR1894 M25QSS9PW1AN
APX 6500 RA110536 527CRR1895 M25QSS9PW1AN
APX 6500 RA110537 527CRR1896 M25QSS9PW1AN
APX 6500 RA110538 527CRR1897 M25QSS9PW1AN
APX 6500 RA110539 527CRR1898 M25QSS9PW1AN
APX 6500 RA110540 527CRR1899 M25QSS9PW1AN
APX 6500 RA110541 527CRR1900 M25QSS9PW1AN
APX 6500 RA110542 527CRR1901 M25QSS9PW1AN
APX 6500 RA110543 527CRT4363 M25QSS9PW1AN
APX 6500 RA110544 527CRT4364 M25QSS9PW1AN
APX 6500 RA110545 527CRT4365 M25QSS9PW1AN
APX 6500 RA110546 527CRT4366 M25QSS9PW1AN
APX 6500 RA110547 527CRT4367 M25QSS9PW1AN
APX 6500 RA110548 527CRT4368 M25QSS9PW1AN
APX 6500 RA110549 527CRT4369 M25QSS9PW1AN
APX 6500 RA110550 527CRT4370 M25QSS9PW1AN
APX 6500 RA110551 527CRT4371 M25QSS9PW1AN
APX 6500 RA110552 527CRT4372 M25QSS9PW1AN
APX 6500 RA110553 527CRT4373 M25QSS9PW1AN
APX 6500 RA110554 527CRT4374 M25QSS9PW1AN
APX 6500 RA110555 527CRT4375 M25QSS9PW1AN
APX 6500 RA110556 527CRT4376 M25QSS9PW1AN
APX 6500 RA110557 527CRT4377 M25QSS9PW1AN
APX 6500 RA110558 527CRT4378 M25QSS9PW1AN
APX 6500 RA110559 527CRT4379 M25QSS9PW1AN
APX 6500 RA110560 527CRT4380 M25QSS9PW1AN
APX 6500 RA110561 527CRT4381 M25QSS9PW1AN
APX 6500 RA110562 527CRT4382 M25QSS9PW1AN
APX 4500 RA110563 471CRR1634 M22QSS9PW1AN
APX 4500 RA110564 471CRR1635 M22QSS9PW1AN
APX 4500 RA110565 471CRR1636 M22QSS9PW1AN
APX 4500 RA110566 471CRR1637 M22QSS9PW1AN
APX 4500 RA110567 471CRR1638 M22QSS9PW1AN
APX 4500 RA110568 471CRR1639 M22QSS9PW1AN
APX 4500 RA110569 471CRR1640 M22QSS9PW1AN
APX 4500 RA110570 471CRR1641 M22QSS9PW1AN
APX 4500 RA110571 471CRR1642 M22QSS9PW1AN
APX 4500 RA110572 471CRR1643 M22QSS9PW1AN
APX 4500 RA110573 471CRR1644 M22QSS9PW1AN
APX 4500 RA110574 471CRR1645 M22QSS9PW1AN
4 ATTACHMENT A
239
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 4500 RA110575 471CRR1646 M22QSS9PW1AN
APX 4500 RA110576 471CRR1647 M22QSS9PW1AN
APX 4500 RA110577 471CRR1648 M22QSS9PW1AN
APX 4500 RA110578 471CRR1649 M22QSS9PW1AN
APX 4500 RA110579 471CRR1650 M22QSS9PW1AN
APX 4500 RA110580 471CRR1651 M22QSS9PW1AN
APX 7500 RA110589 656CSF1433 M30TXS9PW1N
APX 7500 RA110590 656CSF1434 M30TXS9PW1N
APX 7500 RA110595 656CSH0335 M30TXS9W1AN
APX 7500 RA110681 656CSF1400 M30TXS9PW1N
APX 7500 RA110682 656CSF1401 M30TXS9PW1N
APX 7500 RA110683 656CSF1402 M30TXS9PW1N
APX 7500 RA110684 656CSF1403 M30TXS9PW1N
APX 7500 RA110685 656CSF1404 M30TXS9PW1N
APX 7500 RA110686 656CSF1405 M30TXS9PW1N
APX 7500 RA110687 656CSP0447 M30TXS9PW1AN
APX 7500 RA110688 656CSP0448 M30TXS9PW1AN
APX 7500 RA110689 656CSP0449 M30TXS9PW1AN
APX 7500 RA110690 656CSP0450 M30TXS9PW1AN
APX 7500 RA110691 656CSH0336 M30TXS9W1AN
APX 7500 RA110692 656CSH0334 M30TXS9W1AN
APX 4500 RA110701 471CSR3756 M22QSS9PW1AN
APX 4500 RA110702 471CSR3757 M22QSS9PW1AN
APX 4500 RA110703 471CSR3758 M22QSS9PW1AN
APX 4500 RA110704 471CSR3759 M22QSS9PW1AN
APX 4500 RA110706 471CSR3761 M22QSS9PW1AN
APX 4500 RA110707 471CSR3762 M22QSS9PW1AN
APX 4500 RA110709 471CSR3764 M22QSS9PW1AN
APX 4500 RA110710 471CSR3765 M22QSS9PW1AN
APX 4500 RA110715 471CSR3770 M22QSS9PW1AN
APX 4500 RA110716 471CSR3771 M22QSS9PW1AN
APX 4500 RA110717 471CSR3772 M22QSS9PW1AN
APX 4500 RA110718 471CSR3773 M22QSS9PW1AN
APX 4500 RA110719 471CSR3774 M22QSS9PW1AN
APX 6500 RA110910 527CSR1734 M25QSS9PW1AN
APX 6500 RA110911 527CSR1735 M25QSS9PW1AN
APX 6500 RA110912 527CSR1736 M25QSS9PW1AN
APX 6500 RA110913 527CSR1737 M25QSS9PW1AN
APX 6500 RA110914 527CSR1738 M25QSS9PW1AN
APX 6500 RA110915 527CSR1739 M25QSS9PW1AN
APX 6500 RA110916 527CSR1740 M25QSS9PW1AN
APX 6500 RA110917 527CSR1741 M25QSS9PW1AN
APX 6500 RA110918 527CSR1742 M25QSS9PW1AN
APX 6500 RA110919 527CSR1743 M25QSS9PW1AN
5 ATTACHMENT A
240
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6500 RA110920 527CSR1744 M25QSS9PW1AN
APX 6500 RA110921 527CSR1745 M25QSS9PW1AN
APX 6500 RA110922 527CSR1746 M25QSS9PW1AN
APX 6500 RA110923 527CSR1747 M25QSS9PW1AN
APX 6500 RA110924 527CSR1748 M25QSS9PW1AN
APX 6500 RA110925 527CSR1749 M25QSS9PW1AN
APX 6500 RA110926 527CSR1750 M25QSS9PW1AN
APX 6500 RA110927 527CSR1751 M25QSS9PW1AN
APX 6500 RA110928 527CSR1752 M25QSS9PW1AN
APX 6500 RA110929 527CSR1753 M25QSS9PW1AN
APX 6500 RA110930 527CSR1754 M25QSS9PW1AN
APX 6500 RA110931 527CSR1755 M25QSS9PW1AN
APX 6500 RA110932 527CSR1756 M25QSS9PW1AN
APX 6500 RA110933 527CSR1757 M25QSS9PW1AN
APX 6500 RA110934 527CSR1758 M25QSS9PW1AN
APX 6500 RA110935 527CSR1759 M25QSS9PW1AN
APX 6500 RA110936 527CSR1760 M25QSS9PW1AN
APX 6500 RA110937 527CSR1761 M25QSS9PW1AN
APX 6500 RA110938 527CSR1762 M25QSS9PW1AN
APX 6500 RA110939 527CSR1763 M25QSS9PW1AN
APX 6500 RA110940 527CSR1764 M25QSS9PW1AN
APX 6500 RA110941 527CSR1765 M25QSS9PW1AN
APX 6500 RA110942 527CSR1766 M25QSS9PW1AN
APX 6500 RA110943 527CSR1767 M25QSS9PW1AN
APX 6500 RA110944 527CSR1768 M25QSS9PW1AN
APX 6500 RA110945 527CSR1769 M25QSS9PW1AN
APX 6500 RA110946 527CSR1770 M25QSS9PW1AN
APX 6500 RA110947 527CSR1771 M25QSS9PW1AN
APX 6500 RA110948 527CSR1772 M25QSS9PW1AN
APX 6500 RA110949 527CSR1773 M25QSS9PW1AN
APX 6500 RA110950 527CSR1774 M25QSS9PW1AN
APX 6500 RA110951 527CSR1775 M25QSS9PW1AN
APX 6500 RA110952 527CSR1776 M25QSS9PW1AN
APX 6500 RA110953 527CSR1777 M25QSS9PW1AN
APX 6500 RA110954 527CSR1778 M25QSS9PW1AN
APX 6500 RA110955 527CSR1779 M25QSS9PW1AN
APX 6500 RA110956 527CSR1780 M25QSS9PW1AN
APX 6500 RA110957 527CSR1781 M25QSS9PW1AN
APX 6500 RA110958 527CSR1782 M25QSS9PW1AN
APX 6500 RA110959 527CSR1783 M25QSS9PW1AN
APX 6500 RA110960 527CSR1784 M25QSS9PW1AN
APX 6500 RA110961 527CSR1785 M25QSS9PW1AN
APX 6500 RA110962 527CSR1786 M25QSS9PW1AN
APX 6500 RA110963 527CSR1787 M25QSS9PW1AN
6 ATTACHMENT A
241
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6500 RA110964 527CSR1788 M25QSS9PW1AN
APX 6500 RA110965 527CSR1789 M25QSS9PW1AN
APX 6500 RA110966 527CSR1790 M25QSS9PW1AN
APX 6500 RA110967 527CSR1791 M25QSS9PW1AN
APX 6500 RA110968 527CSR1792 M25QSS9PW1AN
APX 6500 RA110969 527CSR1793 M25QSS9PW1AN
APX 6500 RA110970 527CSR1794 M25QSS9PW1AN
APX 6500 RA110971 527CSR1795 M25QSS9PW1AN
APX 6500 RA110972 527CSR1796 M25QSS9PW1AN
APX 6500 RA110973 527CSR1797 M25QSS9PW1AN
APX 6500 RA110974 527CSR1798 M25QSS9PW1AN
APX 6500 RA110975 527CSR1799 M25QSS9PW1AN
APX 6500 RA110976 527CSR1800 M25QSS9PW1AN
APX 6500 RA110977 527CSR1801 M25QSS9PW1AN
APX 6500 RA110978 527CSR1802 M25QSS9PW1AN
APX 6500 RA110979 527CSR1803 M25QSS9PW1AN
APX 6500 RA110980 527CSR1804 M25QSS9PW1AN
APX 6500 RA110981 527CSR1805 M25QSS9PW1AN
APX 6500 RA110982 527CSR1806 M25QSS9PW1AN
APX 6500 RA110983 527CSR1807 M25QSS9PW1AN
APX 6500 RA110984 527CSR1808 M25QSS9PW1AN
APX 6500 RA110985 527CSR1809 M25QSS9PW1AN
APX 6500 RA110986 527CSR1810 M25QSS9PW1AN
APX 6500 RA110987 527CSR1811 M25QSS9PW1AN
APX 6500 RA110988 527CSR1812 M25QSS9PW1AN
APX 6500 RA110989 527CSR1813 M25QSS9PW1AN
APX 6500 RA110990 527CSR1927 M25QSS9PW1AN
APX 6500 RA110991 527CSR1928 M25QSS9PW1AN
APX 6500 RA110992 527CSR1929 M25QSS9PW1AN
APX 6500 RA110993 527CSR1930 M25QSS9PW1AN
APX 6500 RA110994 527CSR1931 M25QSS9PW1AN
APX 6500 RA110995 527CSR1932 M25QSS9PW1AN
APX 6500 RA110996 527CSR1933 M25QSS9PW1AN
APX 6500 RA110997 527CSR1934 M25QSS9PW1AN
APX 6500 RA110998 527CSR1935 M25QSS9PW1AN
APX 6500 RA110999 527CSR1936 M25QSS9PW1AN
APX 6500 RA111000 527CSR1937 M25QSS9PW1AN
APX 6500 RA111001 527CSR1938 M25QSS9PW1AN
APX 6500 RA111002 527CSR1939 M25QSS9PW1AN
APX 6500 RA111003 527CSR1940 M25QSS9PW1AN
APX 6500 RA111004 527CSR1941 M25QSS9PW1AN
APX 6500 RA111005 527CSR1942 M25QSS9PW1AN
APX 6500 RA111006 527CSR1943 M25QSS9PW1AN
APX 6500 RA111007 527CSR1944 M25QSS9PW1AN
7 ATTACHMENT A
242
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6500 RA111008 527CSR1945 M25QSS9PW1AN
APX 6500 RA111009 527CSR1946 M25QSS9PW1AN
APX 6500 RA111010 527CSR1947 M25QSS9PW1AN
APX 6500 RA111011 527CSR1948 M25QSS9PW1AN
APX 6500 RA111012 527CSR1949 M25QSS9PW1AN
APX 6500 RA111013 527CSR1950 M25QSS9PW1AN
APX 6500 RA111014 527CSR1951 M25QSS9PW1AN
APX 6500 RA111015 527CSR1952 M25QSS9PW1AN
APX 6500 RA111016 527CSR1953 M25QSS9PW1AN
APX 6500 RA111017 527CSR1954 M25QSS9PW1AN
APX 6500 RA111018 527CSR1955 M25QSS9PW1AN
APX 8000 RA111036 581CSM1835 H91TGD9PW7AN
APX 7500 RA111125 656CSM1663 M30TXS9PW1AN
APX 7500 RA111126 656CSM1664 M30TXS9PW1AN
APX 7500 RA111127 656CSM1665 M30TXS9PW1AN
APX 7500 RA111128 656CSM1666 M30TXS9PW1AN
APX 7500 RA111129 656CSM1667 M30TXS9PW1AN
APX 7500 RA111130 656CSM1668 M30TXS9PW1AN
APX 7500 RA111131 656CSM1669 M30TXS9PW1AN
APX 7500 RA111132 656CSM1670 M30TXS9PW1AN
APX 7500 RA111133 656CSM1671 M30TXS9PW1AN
APX 7500 RA111134 656CSM1672 M30TXS9PW1AN
APX 7500 RA111135 656CSM1673 M30TXS9PW1AN
APX 7500 RA111136 656CSM1674 M30TXS9PW1AN
APX 7500 RA111137 656CSM1675 M30TXS9PW1AN
APX 7500 RA111138 656CSM1676 M30TXS9PW1AN
APX 7500 RA111139 656CSM1677 M30TXS9PW1AN
APX 7500 RA111140 656CSM1678 M30TXS9PW1AN
APX 7500 RA111141 656CSM1679 M30TXS9PW1AN
APX 7500 RA111142 656CSM1680 M30TXS9PW1AN
APX 7500 RA111143 656CSM1681 M30TXS9PW1AN
APX 7500 RA111144 656CSM1682 M30TXS9PW1AN
APX 7500 RA111145 656CSM1683 M30TXS9PW1AN
APX 7500 RA111146 656CSM1684 M30TXS9PW1AN
APX 7500 RA111147 656CSM1685 M30TXS9PW1AN
APX 7500 RA111148 656CSM1686 M30TXS9PW1AN
APX 7500 RA111149 656CSM1687 M30TXS9PW1AN
APX 7500 RA111150 656CSR1893 M30TXS9PW1AN
APX 7500 RA111151 656CSR1894 M30TXS9PW1AN
APX 7500 RA111152 656CSR1895 M30TXS9PW1AN
APX 7500 RA111153 656CSR1896 M30TXS9PW1AN
APX 7500 RA111154 656CSR1897 M30TXS9PW1AN
APX 6000 RA111155 481CUF4634 H98QDD9PW5BN
APX 4000 RA111290 426CUF2319 H51QDF9PW6N
8 ATTACHMENT A
243
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 4000 RA111291 426CUF2320 H51QDF9PW6N
APX 4000 RA111292 426CUF2321 H51QDF9PW6N
APX 4000 RA111293 426CUF2322 H51QDF9PW6N
APX 4000 RA111294 426CUF2323 H51QDF9PW6N
APX 4000 RA111295 426CUF2324 H51QDF9PW6N
APX 4000 RA111296 426CUF2325 H51QDF9PW6N
APX 4000 RA111297 426CUF2326 H51QDF9PW6N
APX 4000 RA111298 426CUF2327 H51QDF9PW6N
APX 4000 RA111299 426CUF2328 H51QDF9PW6N
APX 4000 RA111300 426CUF2329 H51QDF9PW6N
APX 4000 RA111301 426CUF2330 H51QDF9PW6N
APX 4000 RA111302 426CUF2331 H51QDF9PW6N
APX 4000 RA111303 426CUF2332 H51QDF9PW6N
APX 4000 RA111304 426CUF2333 H51QDF9PW6N
APX 4000 RA111305 426CUF2334 H51QDF9PW6N
APX 4000 RA111306 426CUF2335 H51QDF9PW6N
APX 6000 RA111341 481CUF4574 H98QDD9PW5BN
APX 6000 RA111342 481CUF4575 H98QDD9PW5BN
APX 6000 RA111343 481CUF4576 H98QDD9PW5BN
APX 6000 RA111344 481CUF4577 H98QDD9PW5BN
APX 6000 RA111345 481CUF4578 H98QDD9PW5BN
APX 6000 RA111346 481CUF4579 H98QDD9PW5BN
APX 6000 RA111347 481CUF4580 H98QDD9PW5BN
APX 6000 RA111348 481CUF4581 H98QDD9PW5BN
APX 6000 RA111349 481CUF4582 H98QDD9PW5BN
APX 6000 RA111350 481CUF4583 H98QDD9PW5BN
APX 6000 RA111351 481CUF4584 H98QDD9PW5BN
APX 6000 RA111352 481CUF4585 H98QDD9PW5BN
APX 6000 RA111353 481CUF4586 H98QDD9PW5BN
APX 6000 RA111354 481CUF4587 H98QDD9PW5BN
APX 6000 RA111355 481CUF4588 H98QDD9PW5BN
APX 6000 RA111356 481CUF4589 H98QDD9PW5BN
APX 6000 RA111357 481CUF4590 H98QDD9PW5BN
APX 6000 RA111358 481CUF4591 H98QDD9PW5BN
APX 6000 RA111359 481CUF4592 H98QDD9PW5BN
APX 6000 RA111360 481CUF4593 H98QDD9PW5BN
APX 6000 RA111361 481CUF4594 H98QDD9PW5BN
APX 6000 RA111362 481CUF4595 H98QDD9PW5BN
APX 6000 RA111363 481CUF4596 H98QDD9PW5BN
APX 6000 RA111364 481CUF4597 H98QDD9PW5BN
APX 6000 RA111365 481CUF4598 H98QDD9PW5BN
APX 6000 RA111366 481CUF4599 H98QDD9PW5BN
APX 6000 RA111367 481CUF4600 H98QDD9PW5BN
APX 6000 RA111368 481CUF4601 H98QDD9PW5BN
9 ATTACHMENT A
244
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA111369 481CUF4602 H98QDD9PW5BN
APX 6000 RA111370 481CUF4603 H98QDD9PW5BN
APX 6000 RA111371 481CUF4604 H98QDD9PW5BN
APX 6000 RA111372 481CUF4605 H98QDD9PW5BN
APX 6000 RA111373 481CUF4606 H98QDD9PW5BN
APX 6000 RA111374 481CUF4607 H98QDD9PW5BN
APX 6000 RA111375 481CUF4608 H98QDD9PW5BN
APX 6000 RA111376 481CUF4609 H98QDD9PW5BN
APX 6000 RA111377 481CUF4610 H98QDD9PW5BN
APX 6000 RA111378 481CUF4611 H98QDD9PW5BN
APX 6000 RA111379 481CUF4612 H98QDD9PW5BN
APX 6000 RA111380 481CUF4613 H98QDD9PW5BN
APX 6000 RA111381 481CUF4614 H98QDD9PW5BN
APX 6000 RA111382 481CUF4615 H98QDD9PW5BN
APX 6000 RA111383 481CUF4616 H98QDD9PW5BN
APX 6000 RA111384 481CUF4617 H98QDD9PW5BN
APX 6000 RA111385 481CUF4618 H98QDD9PW5BN
APX 6000 RA111386 481CUF4619 H98QDD9PW5BN
APX 6000 RA111387 481CUF4620 H98QDD9PW5BN
APX 6000 RA111388 481CUF4621 H98QDD9PW5BN
APX 6000 RA111389 481CUF4622 H98QDD9PW5BN
APX 6000 RA111390 481CUF4623 H98QDD9PW5BN
APX 6000 RA111391 481CUF4624 H98QDD9PW5BN
APX 6000 RA111392 481CUF4625 H98QDD9PW5BN
APX 6000 RA111393 481CUF4626 H98QDD9PW5BN
APX 6000 RA111394 481CUF4627 H98QDD9PW5BN
APX 6000 RA111395 481CUF4628 H98QDD9PW5BN
APX 6000 RA111396 481CUF4629 H98QDD9PW5BN
APX 6000 RA111397 481CUF4630 H98QDD9PW5BN
APX 6000 RA111398 481CUF4631 H98QDD9PW5BN
APX 6000 RA111399 481CUF4632 H98QDD9PW5BN
APX 6000 RA111400 481CUF4633 H98QDD9PW5BN
APX 6000 RA111402 481CUF4635 H98QDD9PW5BN
APX 6000 RA111403 481CUF4636 H98QDD9PW5BN
APX 6000 RA111404 481CUF4637 H98QDD9PW5BN
APX 6000 RA111405 481CUF4638 H98QDD9PW5BN
APX 6000 RA111406 481CUF4639 H98QDD9PW5BN
APX 6000 RA111407 481CUF4640 H98QDD9PW5BN
APX 6000 RA111408 481CUF4641 H98QDD9PW5BN
APX 6500 RA111409 527CUH2763 M25QSS9PW1N
APX 6500 RA111410 527CUH2764 M25QSS9PW1N
APX 6500 RA111411 527CUH2765 M25QSS9PW1N
APX 6500 RA111412 527CUH2766 M25QSS9PW1N
APX 6500 RA111413 527CUH2767 M25QSS9PW1N
10 ATTACHMENT A
245
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6500 RA111414 527CUH2768 M25QSS9PW1N
APX 6500 RA111415 527CUH2769 M25QSS9PW1N
APX 6500 RA111416 527CUH2770 M25QSS9PW1N
APX 6500 RA111417 527CUH2771 M25QSS9PW1N
APX 6500 RA111418 527CUH2772 M25QSS9PW1N
APX 6500 RA111419 527CUH2773 M25QSS9PW1N
APX 6500 RA111420 527CUH2774 M25QSS9PW1N
APX 6500 RA111421 527CUH2775 M25QSS9PW1N
APX 6500 RA111422 527CUH2776 M25QSS9PW1N
APX 6500 RA111423 527CUH2777 M25QSS9PW1N
APX 6500 RA111424 527CUH2778 M25QSS9PW1N
APX 6500 RA111425 527CUH2779 M25QSS9PW1N
APX 6500 RA111426 527CUH2780 M25QSS9PW1N
APX 6500 RA111427 527CUH2781 M25QSS9PW1N
APX 6500 RA111428 527CUH2782 M25QSS9PW1N
APX 6500 RA111429 527CUH2783 M25QSS9PW1N
APX 6500 RA111430 527CUH2784 M25QSS9PW1N
APX 6500 RA111431 527CUH2785 M25QSS9PW1N
APX 6500 RA111432 527CUH2786 M25QSS9PW1N
APX 6500 RA111433 527CUH2787 M25QSS9PW1N
APX 6500 RA111434 527CUH2788 M25QSS9PW1N
APX 8500 RA111491 681CUM2590 M37TSS9PW1AN
APX 8500 RA111492 681CUM2591 M37TSS9PW1AN
APX 8500 RA111494 681CUT2246 M37TSS9PW1AN
APX 8500 RA111495 681CUT2247 M37TSS9PW1AN
APX 4000 RA111496 426CUX3193 H51QDF9PW6AN
APX 4000 RA111497 426CUX3194 H51QDF9PW6AN
APX 4000 RA111498 426CUX3195 H51QDF9PW6AN
APX 4000 RA111499 426CUX3196 H51QDF9PW6AN
APX 4000 RA111500 426CUX3197 H51QDF9PW6AN
APX 4000 RA111501 426CUX3198 H51QDF9PW6AN
APX 4000 RA111502 426CUX3199 H51QDF9PW6AN
APX 4000 RA111503 426CUX3200 H51QDF9PW6AN
APX 4000 RA111504 426CUX3201 H51QDF9PW6AN
APX 4000 RA111505 426CUX3202 H51QDF9PW6AN
APX 4000 RA111506 426CUX3203 H51QDF9PW6AN
APX 4000 RA111507 426CUX3204 H51QDF9PW6AN
APX 4000 RA111508 426CUX3205 H51QDF9PW6AN
APX 4000 RA111509 426CUX3206 H51QDF9PW6AN
APX 4000 RA111510 426CUX3207 H51QDF9PW6AN
APX 4000 RA111511 426CUX3208 H51QDF9PW6AN
APX 4000 RA111512 426CUX3209 H51QDF9PW6AN
APX 4000 RA111513 426CUX3210 H51QDF9PW6AN
APX 4000 RA111514 426CUX3211 H51QDF9PW6AN
11 ATTACHMENT A
246
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 4000 RA111515 426CUX3212 H51QDF9PW6AN
APX 4000 RA111516 426CUX3213 H51QDF9PW6AN
APX 4000 RA111517 426CUX3214 H51QDF9PW6AN
APX 4000 RA111518 426CUX3215 H51QDF9PW6AN
APX 4000 RA111519 426CUX3216 H51QDF9PW6AN
APX 4000 RA111520 426CUX3217 H51QDF9PW6AN
APX 8000 RA111521 579CVB0310 H91TGD9PW7AN
APX 8500 RA111528 681CUT2267 M37TSS9PW1AN
APX 8500 RA111529 681CUT2269 M37TSS9PW1AN
APX 6000 RA111576 481CVM0762 H98QDD9PW5BN
APX 6000 RA111577 481CVM0763 H98QDD9PW5BN
APX 6000 RA111578 481CVM0764 H98QDD9PW5BN
APX 6000 RA111579 481CVM0765 H98QDD9PW5BN
APX 8500 RA111580 681CVM0207 M37TSS9PW1AN
APX 8500 RA111581 681CVM0208 M37TSS9PW1AN
APX 8500 RA111582 681CVM1839 M37TXS9PW1AN
APX 8000 RA111583 579CVM0346 H91TGD9PW6AN
APX 6000 RA111584 481CVM1060 H98QDD9PW5BN
APX 6000 RA111585 481CVM1061 H98QDD9PW5BN
APX 6000 RA111586 481CVM1062 H98QDD9PW5BN
APX 4000 RA111587 426CVM0975 H51QDF9PW6AN
APX 4000 RA111588 426CVM0976 H51QDF9PW6AN
APX 4000 RA111589 426CVM0977 H51QDF9PW6AN
APX 4000 RA111590 426CVM0978 H51QDF9PW6AN
APX 4000 RA111591 426CVM0979 H51QDF9PW6AN
APX 4000 RA111592 426CVM0980 H51QDF9PW6AN
APX 4000 RA111593 426CVM0981 H51QDF9PW6AN
APX 4000 RA111594 426CVM0982 H51QDF9PW6AN
APX 4000 RA111595 426CVM0983 H51QDF9PW6AN
APX 4000 RA111596 426CVM0984 H51QDF9PW6AN
APX 4000 RA111597 426CVM0985 H51QDF9PW6AN
APX 4000 RA111598 426CVM0986 H51QDF9PW6AN
APX 4000 RA111599 426CVM0987 H51QDF9PW6AN
APX 4000 RA111600 426CVM0988 H51QDF9PW6AN
APX 4000 RA111601 426CVM0989 H51QDF9PW6AN
APX 4000 RA111602 426CVM0990 H51QDF9PW6AN
APX 4000 RA111603 426CVM0991 H51QDF9PW6AN
APX 4000 RA111604 426CVM0992 H51QDF9PW6AN
APX 4000 RA111605 426CVM0993 H51QDF9PW6AN
APX 8500 RA111607 681CVR6557 M37TSS9PW1AN
APX 8500 RA111608 681CVR6553 M37TSS9PW1AN
APX 8500 RA111611 681CVR6551 M37TSS9PW1AN
APX 8500 RA111612 681CVR6555 M37TSS9PW1AN
APX 8500 RA111613 681CVR6552 M37TSS9PW1AN
12 ATTACHMENT A
247
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 8500 RA111614 681CVR6554 M37TSS9PW1AN
APX 8500 RA111615 681CVR6558 M37TSS9PW1AN
APX 8500 RA111616 681CVR6556 M37TSS9PW1AN
APX 4000 RA111713 426CWP0652 H51QDF9PW6AN
APX 4000 RA111714 426CWP0653 APX 4000
APX 4000 RA111715 426CWP0654 APX 4000
APX 4000 RA111716 426CWP0655 APX 4000
APX 4000 RA111717 426CWP0656 APX 4000
APX 4000 RA111718 426CWP0657 H51QDF9PW6AN
APX 8000 RA111731 579CWP0326 H91TGD9PW7AN
APX 8000 RA111732 579CWP0327 H91TGD9PW7AN
APX 8000 RA111733 579CWP0328 H91TGD9PW7AN
APX 8000 RA111734 579CWP0329 H91TGD9PW7AN
APX 8000 RA111735 579CWP0330 H91TGD9PW7AN
APX 8000 RA111736 579CWP0331 H91TGD9PW7AN
APX 6500 RA111850 527CWR0197 M25QSS9PW1BN
APX 6500 RA111851 527CWR0198 M25QSS9PW1BN
APX 6500 RA111852 527CWR0199 M25QSS9PW1BN
APX 6500 RA111853 527CWR0200 M25QSS9PW1BN
APX 6500 RA111854 527CWR0201 M25QSS9PW1BN
APX 6500 RA111855 527CWR0202 M25QSS9PW1BN
APX 6500 RA111856 527CWR0203 M25QSS9PW1BN
APX 6500 RA111857 527CWR0204 M25QSS9PW1BN
APX 6500 RA111858 527CWR0205 M25QSS9PW1N
APX 6500 RA111859 527CWR0206 M25QSS9PW1BN
APX 4500 RA111860 471CVP0094 M22QSS9PW1N
APX 4500 RA111861 471CVP0102 M22QSS9PW1N
APX 4500 RA111862 471CVP0098 M22QSS9PW1N
APX 4500 RA111863 471CVP0095 M22QSS9PW1N
APX 4500 RA111864 471CVP0090 M22QSS9PW1N
APX 4500 RA111865 471CVP0096 M22QSS9PW1N
APX 4500 RA111866 471CVP0100 M22QSS9PW1N
APX 4500 RA111867 471CVP0088 M22QSS9PW1N
APX 4500 RA111868 471CVP0092 M22QSS9PW1N
APX 4500 RA111869 471CVP0101 M22QSS9PW1N
APX 4500 RA111877 471CVP0086 M22QSS9PW1BN
APX 4500 RA111878 471CVP0091 M22QSS9PW1BN
APX 4500 RA111879 471CVP0093 M22QSS9PW1BN
APX 4500 RA111880 471CVP0099 M22QSS9PW1BN
APX 4500 RA111881 471CVP0087 M22QSS9PW1BN
APX 4500 RA111882 471CVP0089 M22QSS9PW1BN
APX 4500 RA111883 471CVP0097 M22QSS9PW1BN
APX 6500 RA111888 527CZF3503 M25QSS9PW1BN
APX 6500 RA111889 527CZF3506 M25QSS9PW1BN
13 ATTACHMENT A
248
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 4500 RA111940 471CXK1056 M22QSS9PW1BN
APX 4500 RA111941 471CXK1050 M22QSS9PW1BN
APX 4500 RA111942 471CXK1057 M22QSS9PW1BN
APX 4500 RA111943 471CXK1063 M22QSS9PW1BN
APX 4500 RA111944 471CXK1080 M22QSS9PW1BN
APX 4500 RA111945 471CXK1081 M22QSS9PW1BN
APX 4500 RA111946 471CXK1066 M22QSS9PW1BN
APX 4500 RA111947 471CXK1059 M22QSS9PW1BN
APX 4500 RA111948 471CXK1085 M22QSS9PW1BN
APX 4500 RA111949 471CXK1086 M22QSS9PW1BN
APX 4500 RA111950 471CXK1071 M22QSS9PW1BN
APX 4500 RA111951 471CXK1070 M22QSS9PW1BN
APX 4500 RA111952 471CXK1069 M22QSS9PW1BN
APX 4500 RA111953 471CXK1054 M22QSS9PW1BN
APX 4500 RA111954 471CXK1079 M22QSS9PW1BN
APX 4500 RA111955 471CXK1067 M22QSS9PW1BN
APX 4500 RA111956 471CXK1062 M22QSS9PW1BN
APX 4500 RA111957 471CXK1052 M22QSS9PW1BN
APX 4500 RA111958 471CXK1047 M22QSS9PW1BN
APX 4500 RA111959 471CXK1061 M22QSS9PW1BN
APX 4500 RA111960 471CXK1083 M22QSS9PW1BN
APX 4500 RA111961 471CXK1064 M22QSS9PW1BN
APX 4500 RA111962 471CXK1053 M22QSS9PW1BN
APX 4500 RA111963 471CXK1049 M22QSS9PW1BN
APX 4500 RA111964 471CXK1073 M22QSS9PW1BN
APX 4500 RA111965 471CXK1084 M22QSS9PW1BN
APX 4500 RA111966 471CXK1058 M22QSS9PW1BN
APX 4500 RA111967 471CXK1055 M22QSS9PW1BN
APX 4500 RA111968 471CXK1076 M22QSS9PW1BN
APX 4500 RA111969 471CXK1072 M22QSS9PW1BN
APX 4500 RA111970 471CXK1075 M22QSS9PW1BN
APX 4500 RA111971 471CXK1065 M22QSS9PW1BN
APX 4500 RA111972 471CXK1051 M22QSS9PW1BN
APX 4500 RA111973 471CXK1060 M22QSS9PW1BN
APX 4500 RA111974 471CXK1048 M22QSS9PW1BN
APX 4500 RA111975 471CXK1078 M22QSS9PW1BN
APX 4500 RA111976 471CXK1074 M22QSS9PW1BN
APX 4500 RA111977 471CXK1068 M22QSS9PW1BN
APX 4500 RA111978 471CXK1077 M22QSS9PW1BN
APX 4500 RA111979 471CXK1082 M22QSS9PW1BN
APX 8500 RA111981 681CXH2011 M37TSS9PW1AN
APX 8500 RA112043 681CYD1702 M37TSS9PW1AN
APX 6000 RA112044 481CYF4725 H98QDD9PW5BN
APX 6000 RA112045 481CYF4701 H98QDD9PW5BN
14 ATTACHMENT A
249
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA112046 481CYF4699 H98QDD9PW5BN
APX 6000 RA112047 481CYF4704 H98QDD9PW5BN
APX 6000 RA112048 481CYF4700 H98QDD9PW5BN
APX 6000 RA112049 481CYF4709 H98QDD9PW5BN
APX 6000 RA112050 481CYF4705 H98QDD9PW5BN
APX 6000 RA112051 481CYF4694 H98QDD9PW5BN
APX 6000 RA112052 481CYF4662 H98QDD9PW5BN
APX 6000 RA112053 481CYF4698 H98QDD9PW5BN
APX 6000 RA112054 481CYF4708 H98QDD9PW5BN
APX 6000 RA112055 481CYF4677 H98QDD9PW5BN
APX 6000 RA112056 481CYF4706 H98QDD9PW5BN
APX 6000 RA112057 481CYF4689 H98QDD9PW5BN
APX 6000 RA112058 481CYF4675 H98QDD9PW5BN
APX 6000 RA112059 481CYF4688 H98QDD9PW5BN
APX 6000 RA112060 481CYF4703 H98QDD9PW5BN
APX 6000 RA112061 481CYF4679 H98QDD9PW5BN
APX 6000 RA112062 481CYF4676 H98QDD9PW5BN
APX 6000 RA112063 481CYF4682 H98QDD9PW5BN
APX 6000 RA112064 481CYF4707 H98QDD9PW5BN
APX 6000 RA112065 481CYF4684 H98QDD9PW5BN
APX 6000 RA112066 481CYF4673 H98QDD9PW5BN
APX 6000 RA112067 481CYF4681 H98QDD9PW5BN
APX 6000 RA112068 481CYF4666 H98QDD9PW5BN
APX 6000 RA112069 481CYF4674 H98QDD9PW5BN
APX 6500 RA112115 527CYR1124 M25QSS9PW1BN
APX 6500 RA112116 527CYR1122 M25QSS9PW1BN
APX 6500 RA112117 527CYR1123 M25QSS9PW1BN
APX 6500 RA112118 527CYR1121 M25QSS9PW1BN
APX 6000 RA112120 481CYF4661 H98QDD9PW5BN
APX 6000 RA112121 481CYF4671 H98QDD9PW5BN
APX 6000 RA112122 481CYF4664 H98QDD9PW5BN
APX 6000 RA112123 481CYF4660 H98QDD9PW5BN
APX 6000 RA112124 481CYF4670 H98QDD9PW5BN
APX 6000 RA112125 481CYF4702 H98QDD9PW5BN
APX 6000 RA112126 481CYF4697 H98QDD9PW5BN
APX 6000 RA112127 481CYF4691 H98QDD9PW5BN
APX 6000 RA112128 481CYF4683 H98QDD9PW5BN
APX 6000 RA112129 481CYF4693 H98QDD9PW5BN
APX 6000 RA112130 481CYF4695 H98QDD9PW5BN
APX 6000 RA112131 481CYF4690 H98QDD9PW5BN
APX 6000 RA112132 481CYF4692 H98QDD9PW5BN
APX 6000 RA112133 481CYF4663 H98QDD9PW5BN
APX 6000 RA112134 481CYF4687 H98QDD9PW5BN
APX 6000 RA112135 481CYF4713 H98QDD9PW5BN
15 ATTACHMENT A
250
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA112136 481CYF4720 H98QDD9PW5BN
APX 6000 RA112137 481CYF4712 H98QDD9PW5BN
APX 6000 RA112138 481CYF4718 H98QDD9PW5BN
APX 6000 RA112139 481CYF4724 H98QDD9PW5BN
APX 6000 RA112140 481CYF4721 H98QDD9PW5BN
APX 6000 RA112141 481CYF4722 H98QDD9PW5BN
APX 6000 RA112142 481CYF4730 H98QDD9PW5BN
APX 6000 RA112143 481CYF4717 H98QDD9PW5BN
APX 6000 RA112144 481CYF4715 H98QDD9PW5BN
APX 6000 RA112145 481CYF4678 H98QDD9PW5BN
APX 6000 RA112146 481CYF4672 H98QDD9PW5BN
APX 6000 RA112147 481CYF4680 H98QDD9PW5BN
APX 6000 RA112148 481CYF4667 H98QDD9PW5BN
APX 6000 RA112149 481CYF4696 H98QDD9PW5BN
APX 6000 RA112150 481CYF4685 H98QDD9PW5BN
APX 6000 RA112151 481CYF4686 H98QDD9PW5BN
APX 6000 RA112152 481CYF4665 H98QDD9PW5BN
APX 6000 RA112153 481CYF4669 H98QDD9PW5BN
APX 6000 RA112154 481CYF4668 H98QDD9PW5BN
APX 6000 RA112155 481CYF4723 H98QDD9PW5BN
APX 6000 RA112156 481CYF4729 H98QDD9PW5BN
APX 6000 RA112157 481CYF4714 H98QDD9PW5BN
APX 6000 RA112158 481CYF4728 H98QDD9PW5BN
APX 6000 RA112159 481CYF4716 H98QDD9PW5BN
APX 6000 RA112160 481CYF4726 H98QDD9PW5BN
APX 6000 RA112161 481CYF4710 H98QDD9PW5BN
APX 6000 RA112162 481CYF4719 H98QDD9PW5BN
APX 6000 RA112163 481CYF4711 H98QDD9PW5BN
APX 6000 RA112164 481CYF4727 H98QDD9PW5BN
APX 4500 RA112165 471CYH0403 M22QSS9PW1BN
APX 4500 RA112166 471CYH0401 M22QSS9PW1BN
APX 4500 RA112167 471CYH0400 M22QSS9PW1BN
APX 4500 RA112168 471CYH0399 M22QSS9PW1BN
APX 4500 RA112169 471CYH0397 M22QSS9PW1BN
APX 4500 RA112170 471CYH0396 M22QSS9PW1BN
APX 4500 RA112171 471CYH0404 M22QSS9PW1BN
APX 4500 RA112172 471CYH0398 M22QSS9PW1BN
APX 4500 RA112173 471CYH0402 M22QSS9PW1BN
APX 8000 RA112174 581CYH0302 H91TGD9PW7AN
APX 8000 RA112175 581CYH0297 H91TGD9PW7AN
APX 8000 RA112176 581CYH0299 H91TGD9PW7AN
APX 8000 RA112177 581CYH0301 H91TGD9PW7AN
APX 8000 RA112178 581CYH0300 H91TGD9PW7AN
APX 8000 RA112179 581CYH0308 H91TGD9PW7AN
16 ATTACHMENT A
251
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 8000 RA112180 581CYH0310 H91TGD9PW7AN
APX 8000 RA112181 581CYH0311 H91TGD9PW7AN
APX 8000 RA112182 581CYH0306 H91TGD9PW7AN
APX 8000 RA112183 581CYH0309 H91TGD9PW7AN
APX 8000 RA112184 581CYH0298 H91TGD9PW7AN
APX 8000 RA112185 581CYH0305 H91TGD9PW7AN
APX 8000 RA112186 581CYH0303 H91TGD9PW7AN
APX 8000 RA112187 581CYH0304 H91TGD9PW7AN
APX 8000 RA112188 581CYH0307 H91TGD9PW7AN
APX 4000 RA112189 426CYH1272 H51QDF9PW6AN
APX 4000 RA112190 426CYH1262 H51QDF9PW6AN
APX 4000 RA112191 426CYH1266 H51QDF9PW6AN
APX 4000 RA112192 426CYH1263 H51QDF9PW6AN
APX 4000 RA112193 426CYH1259 H51QDF9PW6AN
APX 4000 RA112194 426CYH1264 H51QDF9PW6AN
APX 4000 RA112195 426CYH1261 H51QDF9PW6AN
APX 4000 RA112196 426CYH1260 H51QDF9PW6AN
APX 4000 RA112197 426CYH1265 H51QDF9PW6AN
APX 4000 RA112198 426CYH1268 H51QDF9PW6AN
APX 4000 RA112199 426CYH1277 H51QDF9PW6AN
APX 4000 RA112200 426CYH1279 H51QDF9PW6AN
APX 4000 RA112201 426CYH1282 H51QDF9PW6AN
APX 4000 RA112202 426CYH1287 H51QDF9PW6AN
APX 4000 RA112203 426CYH1284 H51QDF9PW6AN
APX 4000 RA112204 426CYH1283 H51QDF9PW6AN
APX 4000 RA112205 426CYH1286 H51QDF9PW6AN
APX 4000 RA112206 426CYH1290 H51QDF9PW6AN
APX 4000 RA112207 426CYH1276 H51QDF9PW6AN
APX 4000 RA112208 426CYH1271 H51QDF9PW6AN
APX 4000 RA112209 426CYH1295 H51QDF9PW6AN
APX 4000 RA112210 426CYH1270 H51QDF9PW6AN
APX 4000 RA112211 426CYH1278 H51QDF9PW6AN
APX 4000 RA112212 426CYH1280 H51QDF9PW6AN
APX 4000 RA112213 426CYH1285 H51QDF9PW6AN
APX 4000 RA112214 426CYH1281 H51QDF9PW6AN
APX 4000 RA112215 426CYH1273 H51QDF9PW6AN
APX 4000 RA112216 426CYH1267 H51QDF9PW6AN
APX 4000 RA112217 426CYH1291 H51QDF9PW6AN
APX 4000 RA112218 426CYH1269 H51QDF9PW6AN
APX 4000 RA112219 426CYH1275 H51QDF9PW6AN
APX 4000 RA112220 426CYH1293 H51QDF9PW6AN
APX 4000 RA112221 426CYH1292 H51QDF9PW6AN
APX 4000 RA112222 426CYH1294 H51QDF9PW6AN
APX 4000 RA112223 426CYH1289 H51QDF9PW6AN
17 ATTACHMENT A
252
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 4000 RA112224 426CYH1288 H51QDF9PW6AN
APX 4000 RA112225 426CYH1296 H51QDF9PW6AN
APX 4000 RA112226 426CYH1274 H51QDF9PW6AN
APX 6500 RA112232 527CYF4814 M25QSS9PW1BN
APX 6500 RA112233 527CYF4813 M25QSS9PW1BN
APX 6500 RA112234 527CYF4819 M25QSS9PW1BN
APX 6500 RA112235 527CYF4818 M25QSS9PW1BN
APX 6500 RA112236 527CYF4815 M25QSS9PW1BN
APX 6500 RA112237 527CYF4817 M25QSS9PW1BN
APX 6500 RA112238 527CYF4816 M25QSS9PW1BN
APX 8500 RA112241 681CYF0019 M37TXS9PW1AN
APX 8500 RA112242 681CYF0020 M37TXS9PW1AN
APX 8500 RA112243 681CYF0021 M37TXS9PW1AN
APX 4500 RA112244 471CAD968 M22QSS9PW1AN
APX 4500 RA112247 471CXD0566 M22QSS9PW1BN
APX 4500 RA112248 471CXD0557 M22QSS9PW1BN
APX 4500 RA112249 471CXD0562 M22QSS9PW1BN
APX 4500 RA112250 471CXD0564 M22QSS9PW1BN
APX 4500 RA112251 471CXD0559 M22QSS9PW1BN
APX 4500 RA112252 471CXD0561 M22QSS9PW1BN
APX 4500 RA112253 471CXD0568 M22QSS9PW1BN
APX 4500 RA112254 471CXD0560 M22QSS9PW1BN
APX 4500 RA112255 471CXD0558 M22QSS9PW1BN
APX 4500 RA112256 471CXD0563 M22QSS9PW1BN
APX 4500 RA112257 471CXD0565 M22QSS9PW1BN
APX 4500 RA112258 471CXD0567 M22QSS9PW1BN
APX 6500 RA112259 527CYX0896 M25QSS9PW1BN
APX 6500 RA112260 527CZF3505 M25QSS9PW1BN
APX 6500 RA112261 527CZF1876 M25QSS9PW1BN
APX 6500 RA112262 527CZF1879 M25QSS9PW1BN
APX 6500 RA112263 527CZF1880 M25QSS9PW1BN
APX 6500 RA112264 527CZF1886 M25QSS9PW1BN
APX 6500 RA112265 527CZF1883 M25QSS9PW1BN
APX 6500 RA112266 527CZF3498 M25QSS9PW1BN
APX 6500 RA112267 527CZF3501 M25QSS9PW1BN
APX 6500 RA112268 527CZF3499 M25QSS9PW1BN
APX 6500 RA112269 527CZF1871 M25QSS9PW1BN
APX 6500 RA112270 527CZF1875 M25QSS9PW1BN
APX 6500 RA112271 527CZF1874 M25QSS9PW1BN
APX 6500 RA112272 527CZF1887 M25QSS9PW1BN
APX 6500 RA112273 527CZF1878 M25QSS9PW1BN
APX 6500 RA112274 527CZF3507 M25QSS9PW1BN
APX 6500 RA112275 527CZF3504 M25QSS9PW1BN
APX 6500 RA112276 527CZF3508 M25QSS9PW1BN
18 ATTACHMENT A
253
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6500 RA112277 527CZF1888 M25QSS9PW1BN
APX 6500 RA112278 527CZF1884 M25QSS9PW1BN
APX 6500 RA112279 527CZF1869 M25QSS9PW1BN
APX 6500 RA112280 527CZF1882 M25QSS9PW1BN
APX 6500 RA112281 527CZF1877 M25QSS9PW1BN
APX 6500 RA112282 527CZF3509 M25QSS9PW1BN
APX 6500 RA112283 527CZF3500 M25QSS9PW1BN
APX 6500 RA112284 527CZF3502 M25QSS9PW1BN
APX 6500 RA112285 527CZF1870 M25QSS9PW1BN
APX 6500 RA112286 527CZF1885 M25QSS9PW1BN
APX 6500 RA112287 527CZF1873 M25QSS9PW1BN
APX 6500 RA112288 527CZF1881 M25QSS9PW1BN
APX 6500 RA112289 527CZF1872 M25QSS9PW1BN
APX 8500 RA112299 681CZF6399 M37TSS9PW1AN
APX 8500 RA112348 681CZF6387 M37TSS9PW1AN
APX 8500 RA112349 681CZF6388 M37TSS9PW1AN
APX 4000 RA112350 426CZM0256 H51QDH9PW7AN
APX 4000 RA112351 426CZM0257 H51QDH9PW7AN
APX 4000 RA112352 426CZM0258 H51QDH9PW7AN
APX 4000 RA112353 426CZM0259 H51QDH9PW7AN
APX 4000 RA112354 426CZM0260 H51QDH9PW7AN
APX 4000 RA112355 426CZM0261 H51QDH9PW7AN
APX 4000 RA112356 426CZM0262 H51QDH9PW7AN
APX 4000 RA112357 426CZM0263 H51QDH9PW7AN
APX 4000 RA112358 426CZM0264 H51QDH9PW7AN
APX 4000 RA112359 426CZM0265 H51QDH9PW7AN
APX 4000 RA112360 426CZM0266 H51QDH9PW7AN
APX 4000 RA112361 426CZM0267 H51QDH9PW7AN
APX 4000 RA112362 426CZM0268 H51QDH9PW7AN
APX 4000 RA112363 426CZM0269 H51QDH9PW7AN
APX 4000 RA112364 426CZM0271 H51QDH9PW7AN
APX 4000 RA112365 426CZM0272 H51QDH9PW7AN
APX 4000 RA112366 426CZM0273 H51QDH9PW7AN
APX 4000 RA112367 426CZM0274 H51QDH9PW7AN
APX 4000 RA112368 426CZM0275 H51QDH9PW7AN
APX 4000 RA112369 426CZM0276 H51QDH9PW7AN
APX 4000 RA112370 426CZM0277 H51QDH9PW7AN
APX 4000 RA112371 426CZM0278 H51QDH9PW7AN
APX 4000 RA112372 426CZM0279 H51QDH9PW7AN
APX 4000 RA112373 426CZM0280 H51QDH9PW7AN
APX 4000 RA112374 426CZM0281 H51QDH9PW7AN
APX 4000 RA112375 426CZM0282 H51QDH9PW7AN
APX 8000 RA112376 581CYZ0642 H91TGD9PW7AN
APX 8000 RA112377 581CYZ0643 H91TGD9PW7AN
19 ATTACHMENT A
254
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 8000 RA112378 581CYZ0644 H91TGD9PW7AN
APX 8000 RA112379 581CYZ0645 H91TGD9PW7AN
APX 8000 RA112380 581CYZ0646 H91TGD9PW7AN
APX 8000 RA112381 581CYZ0647 H91TGD9PW7AN
APX 8000 RA112382 581CYZ0648 H91TGD9PW7AN
APX 8000 RA112383 581CYZ0649 H91TGD9PW7AN
APX 8000 RA112384 581CYZ0650 H91TGD9PW7AN
APX 8000 RA112385 581CYZ0651 H91TGD9PW7AN
APX 8000 RA112386 581CYZ0652 H91TGD9PW7AN
APX 6000 RA112387 481CYZ6753 H98QDD9PW5BN
APX 6000 RA112388 481CYZ6754 H98QDD9PW5BN
APX 6000 RA112389 481CYZ6755 H98QDD9PW5BN
APX 6000 RA112390 481CYZ6756 H98QDD9PW5BN
APX 6000 RA112391 481CYZ6757 H98QDD9PW5BN
APX 6000 RA112392 481CYZ6758 H98QDD9PW5BN
APX 6000 RA112393 481CYZ6759 H98QDD9PW5BN
APX 6000 RA112394 481CYZ6760 H98QDD9PW5BN
APX 6000 RA112395 481CYZ6761 H98QDD9PW5BN
APX 6000 RA112396 481CYZ6762 H98QDD9PW5BN
APX 6000 RA112397 481CYZ6763 H98QDD9PW5BN
APX 6000 RA112398 481CYZ6764 H98QDD9PW5BN
APX 6000 RA112399 481CYZ6765 H98QDD9PW5BN
APX 6000 RA112400 481CYZ6766 H98QDD9PW5BN
APX 6000 RA112401 481CYZ6767 H98QDD9PW5BN
APX 6000 RA112402 481CYZ6768 H98QDD9PW5BN
APX 6000 RA112403 481CYZ6769 H98QDD9PW5BN
APX 6000 RA112404 481CYZ6770 H98QDD9PW5BN
APX 6000 RA112405 481CYZ6771 H98QDD9PW5BN
APX 6000 RA112406 481CYZ6772 H98QDD9PW5BN
APX 6000 RA112407 481CYZ6773 H98QDD9PW5BN
APX 6000 RA112408 481CYZ6774 H98QDD9PW5BN
APX 6000 RA112409 481CYZ6775 H98QDD9PW5BN
APX 6000 RA112410 481CYZ6776 H98QDD9PW5BN
APX 6000 RA112411 481CYZ6777 H98QDD9PW5BN
APX 6000 RA112412 481CYZ6778 H98QDD9PW5BN
APX 6000 RA112413 481CYZ6779 H98QDD9PW5BN
APX 6000 RA112414 481CYZ6780 H98QDD9PW5BN
APX 6000 RA112415 481CYZ6781 H98QDD9PW5BN
APX 6000 RA112416 481CYZ6782 H98QDD9PW5BN
APX 6000 RA112417 481CYZ6783 H98QDD9PW5BN
APX 6000 RA112418 481CYZ6784 H98QDD9PW5BN
APX 6000 RA112419 481CYZ6785 H98QDD9PW5BN
APX 6000 RA112420 481CYZ6786 H98QDD9PW5BN
APX 6000 RA112421 481CYZ6787 H98QDD9PW5BN
20 ATTACHMENT A
255
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA112422 481CYZ6788 H98QDD9PW5BN
APX 6000 RA112423 481CYZ6789 H98QDD9PW5BN
APX 6000 RA112424 481CYZ6790 H98QDD9PW5BN
APX 6000 RA112425 481CYZ6791 H98QDD9PW5BN
APX 6000 RA112426 481CYZ6792 H98QDD9PW5BN
APX 6000 RA112427 481CYZ6793 H98QDD9PW5BN
APX 6000 RA112428 481CYZ6794 H98QDD9PW5BN
APX 6000 RA112429 481CYZ6795 H98QDD9PW5BN
APX 6000 RA112430 481CYZ6796 H98QDD9PW5BN
APX 6000 RA112431 481CYZ6797 H98QDD9PW5BN
APX 6000 RA112432 481CYZ6798 H98QDD9PW5BN
APX 6000 RA112433 481CYZ6799 H98QDD9PW5BN
APX 6000 RA112434 481CYZ6800 H98QDD9PW5BN
APX 6000 RA112435 481CYZ6801 H98QDD9PW5BN
APX 6000 RA112436 481CYZ6802 H98QDD9PW5BN
APX 6000 RA112437 481CYZ6803 H98QDD9PW5BN
APX 6000 RA112438 481CYZ6804 H98QDD9PW5BN
APX 6000 RA112439 481CYZ6805 H98QDD9PW5BN
APX 6000 RA112440 481CYZ6806 H98QDD9PW5BN
APX 6000 RA112441 481CYZ6807 H98QDD9PW5BN
APX 6000 RA112442 481CYZ6808 H98QDD9PW5BN
APX 6000 RA112443 481CYZ6809 H98QDD9PW5BN
APX 6000 RA112444 481CYZ6810 H98QDD9PW5BN
APX 6000 RA112445 481CYZ6811 H98QDD9PW5BN
APX 6000 RA112446 481CYZ6812 H98QDD9PW5BN
APX 6000 RA112447 481CYZ6813 H98QDD9PW5BN
APX 6000 RA112448 481CYZ6814 H98QDD9PW5BN
APX 6000 RA112449 481CYZ6815 H98QDD9PW5BN
APX 6000 RA112450 481CYZ6816 H98QDD9PW5BN
APX 6000 RA112451 481CYZ6817 H98QDD9PW5BN
APX 6000 RA112452 481CYZ6818 H98QDD9PW5BN
APX 6000 RA112453 481CYZ6819 H98QDD9PW5BN
APX 6000 RA112454 481CYZ6820 H98QDD9PW5BN
APX 6000 RA112455 481CYZ6821 H98QDD9PW5BN
APX 6000 RA112456 481CYZ6822 H98QDD9PW5BN
APX 6000 RA112457 481CYZ6823 H98QDD9PW5BN
APX 6000 RA112458 481CYZ6824 H98QDD9PW5BN
APX 6000 RA112459 481CYZ6825 H98QDD9PW5BN
APX 6000 RA112460 481CYZ6826 H98QDD9PW5BN
APX 6000 RA112461 481CYZ6827 H98QDD9PW5BN
APX 6000 RA112462 481CYZ6828 H98QDD9PW5BN
APX 6000 RA112463 481CYZ6829 H98QDD9PW5BN
APX 6000 RA112464 481CYZ6830 H98QDD9PW5BN
APX 6000 RA112465 481CYZ6831 H98QDD9PW5BN
21 ATTACHMENT A
256
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA112466 481CYZ6832 H98QDD9PW5BN
APX 6000 RA112467 481CYZ6833 H98QDD9PW5BN
APX 6000 RA112468 481CYZ6834 H98QDD9PW5BN
APX 6000 RA112469 481CYZ6835 H98QDD9PW5BN
APX 6000 RA112470 481CYZ6836 H98QDD9PW5BN
APX 6000 RA112471 481CYZ6837 H98QDD9PW5BN
APX 6000 RA112472 481CYZ6838 H98QDD9PW5BN
APX 6000 RA112473 481CYZ6839 H98QDD9PW5BN
APX 6000 RA112474 481CYZ6840 H98QDD9PW5BN
APX 6000 RA112475 481CYZ6841 H98QDD9PW5BN
APX 6000 RA112476 481CYZ6842 H98QDD9PW5BN
APX 6000 RA112477 481CYZ6843 H98QDD9PW5BN
APX 6000 RA112478 481CYZ6844 H98QDD9PW5BN
APX 6000 RA112479 481CYZ6845 H98QDD9PW5BN
APX 6000 RA112480 481CYZ6846 H98QDD9PW5BN
APX 6000 RA112481 481CYZ6847 H98QDD9PW5BN
APX 6000 RA112482 481CYZ6848 H98QDD9PW5BN
APX 6000 RA112483 481CYZ6849 H98QDD9PW5BN
APX 6000 RA112484 481CYZ6850 H98QDD9PW5BN
APX 6000 RA112485 481CYZ6851 H98QDD9PW5BN
APX 6000 RA112486 481CYZ6852 H98QDD9PW5BN
APX 6000 RA112487 481CYZ6853 H98QDD9PW5BN
APX 6000 RA112488 481CYZ6854 H98QDD9PW5BN
APX 6000 RA112489 481CYZ6855 H98QDD9PW5BN
APX 6000 RA112490 481CYZ6856 H98QDD9PW5BN
APX 6000 RA112491 481CYZ6857 H98QDD9PW5BN
APX 6000 RA112492 481CYZ6858 H98QDD9PW5BN
APX 6000 RA112493 481CYZ6859 H98QDD9PW5BN
APX 6000 RA112494 481CYZ6860 H98QDD9PW5BN
APX 6000 RA112495 481CYZ6861 H98QDD9PW5BN
APX 6000 RA112496 481CYZ6862 H98QDD9PW5BN
APX 6000 RA112497 481CYZ6863 H98QDD9PW5BN
APX 6000 RA112498 481CYZ6864 H98QDD9PW5BN
APX 6000 RA112499 481CYZ6865 H98QDD9PW5BN
APX 6000 RA112500 481CYZ6866 H98QDD9PW5BN
APX 6000 RA112501 481CYZ6867 H98QDD9PW5BN
APX 6000 RA112502 481CYZ6868 H98QDD9PW5BN
APX 6000 RA112503 481CYZ6869 H98QDD9PW5BN
APX 6000 RA112504 481CYZ6870 H98QDD9PW5BN
APX 6000 RA112505 481CYZ6871 H98QDD9PW5BN
APX 6000 RA112506 481CYZ6872 H98QDD9PW5BN
APX 6000 RA112507 481CYZ6873 H98QDD9PW5BN
APX 6000 RA112508 481CYZ6874 H98QDD9PW5BN
APX 6000 RA112509 481CYZ6875 H98QDD9PW5BN
22 ATTACHMENT A
257
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA112510 481CYZ6876 H98QDD9PW5BN
APX 6000 RA112511 481CYZ6877 H98QDD9PW5BN
APX 6000 RA112512 481CYZ6878 H98QDD9PW5BN
APX 6000 RA112513 481CYZ6879 H98QDD9PW5BN
APX 6000 RA112514 481CYZ6880 H98QDD9PW5BN
APX 6000 RA112515 481CYZ6881 H98QDD9PW5BN
APX 6000 RA112516 481CYZ6882 H98QDD9PW5BN
APX 6000 RA112517 481CYZ6883 H98QDD9PW5BN
APX 6000 RA112518 481CYZ6884 H98QDD9PW5BN
APX 6000 RA112519 481CYZ6885 H98QDD9PW5BN
APX 6000 RA112520 481CYZ6886 H98QDD9PW5BN
APX 6000 RA112521 481CYZ6887 H98QDD9PW5BN
APX 6000 RA112522 481CYZ6888 H98QDD9PW5BN
APX 6000 RA112523 481CYZ6889 H98QDD9PW5BN
APX 6000 RA112524 481CYZ6890 H98QDD9PW5BN
APX 6000 RA112525 481CYZ6891 H98QDD9PW5BN
APX 6000 RA112526 481CYZ6892 H98QDD9PW5BN
APX 6000 RA112527 481CYZ6893 H98QDD9PW5BN
APX 6000 RA112528 481CYZ6894 H98QDD9PW5BN
APX 6000 RA112529 481CYZ6895 H98QDD9PW5BN
APX 6000 RA112530 481CYZ6896 H98QDD9PW5BN
APX 6000 RA112531 481CYZ6897 H98QDD9PW5BN
APX 6000 RA112532 481CYZ6898 H98QDD9PW5BN
APX 6000 RA112533 481CYZ6899 H98QDD9PW5BN
APX 6000 RA112534 481CYZ6900 H98QDD9PW5BN
APX 6000 RA112535 481CYZ6901 H98QDD9PW5BN
APX 6000 RA112536 481CYZ6902 H98QDD9PW5BN
APX 6000 RA112537 481CYZ6903 H98QDD9PW5BN
APX 6000 RA112538 481CYZ6904 H98QDD9PW5BN
APX 6000 RA112539 481CYZ6905 H98QDD9PW5BN
APX 6000 RA112540 481CYZ6906 H98QDD9PW5BN
APX 6000 RA112541 481CYZ6907 H98QDD9PW5BN
APX 6000 RA112542 481CYZ6908 H98QDD9PW5BN
APX 6000 RA112543 481CYZ6909 H98QDD9PW5BN
APX 6000 RA112544 481CYZ6910 H98QDD9PW5BN
APX 6000 RA112545 481CYZ6911 H98QDD9PW5BN
APX 6000 RA112546 481CYZ6912 H98QDD9PW5BN
APX 6000 RA112547 481CYZ6913 H98QDD9PW5BN
APX 6000 RA112548 481CYZ6914 H98QDD9PW5BN
APX 6000 RA112549 481CYZ6915 H98QDD9PW5BN
APX 6000 RA112550 481CYZ6916 H98QDD9PW5BN
APX 6000 RA112551 481CYZ6917 H98QDD9PW5BN
APX 6000 RA112552 481CYZ6918 H98QDD9PW5BN
APX 6000 RA112553 481CYZ6919 H98QDD9PW5BN
23 ATTACHMENT A
258
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA112554 481CYZ6920 H98QDD9PW5BN
APX 6000 RA112555 481CYZ6921 H98QDD9PW5BN
APX 6000 RA112556 481CYZ6922 H98QDD9PW5BN
APX 6000 RA112557 481CYZ6923 H98QDD9PW5BN
APX 6000 RA112558 481CYZ6924 H98QDD9PW5BN
APX 6000 RA112559 481CYZ6925 H98QDD9PW5BN
APX 6000 RA112560 481CYZ6926 H98QDD9PW5BN
APX 6000 RA112561 481CYZ6927 H98QDD9PW5BN
APX 6000 RA112562 481CYZ6928 H98QDD9PW5BN
APX 6000 RA112563 481CYZ6929 H98QDD9PW5BN
APX 6000 RA112564 481CYZ6930 H98QDD9PW5BN
APX 6000 RA112565 481CYZ6931 H98QDD9PW5BN
APX 6000 RA112566 481CYZ6932 H98QDD9PW5BN
APX 6000 RA112567 481CYZ6933 H98QDD9PW5BN
APX 6000 RA112568 481CYZ6934 H98QDD9PW5BN
APX 6000 RA112569 481CYZ6935 H98QDD9PW5BN
APX 6000 RA112570 481CYZ6936 H98QDD9PW5BN
APX 6000 RA112571 481CYZ6937 H98QDD9PW5BN
APX 6000 RA112572 481CYZ6938 H98QDD9PW5BN
APX 6000 RA112573 481CYZ6939 H98QDD9PW5BN
APX 6000 RA112574 481CYZ6940 H98QDD9PW5BN
APX 6000 RA112575 481CYZ6941 H98QDD9PW5BN
APX 6000 RA112576 481CYZ6942 H98QDD9PW5BN
APX 6000 RA112577 481CYZ6943 H98QDD9PW5BN
APX 6000 RA112578 481CYZ6944 H98QDD9PW5BN
APX 6000 RA112579 481CYZ6945 H98QDD9PW5BN
APX 6000 RA112580 481CYZ6946 H98QDD9PW5BN
APX 6000 RA112581 481CYZ6947 H98QDD9PW5BN
APX 6000 RA112582 481CYZ6948 H98QDD9PW5BN
APX 6000 RA112583 481CYZ6949 H98QDD9PW5BN
APX 6000 RA112584 481CYZ6950 H98QDD9PW5BN
APX 6000 RA112585 481CYZ6951 H98QDD9PW5BN
APX 6000 RA112586 481CYZ6952 H98QDD9PW5BN
APX 6000 RA112587 481CYZ6953 H98QDD9PW5BN
APX 6000 RA112588 481CYZ6954 H98QDD9PW5BN
APX 6000 RA112589 481CYZ6955 H98QDD9PW5BN
APX 6000 RA112590 481CYZ6956 H98QDD9PW5BN
APX 6000 RA112591 481CYZ6957 H98QDD9PW5BN
APX 6000 RA112592 481CYZ6958 H98QDD9PW5BN
APX 6000 RA112593 481CYZ6959 H98QDD9PW5BN
APX 6000 RA112594 481CYZ6960 H98QDD9PW5BN
APX 6000 RA112595 481CYZ6961 H98QDD9PW5BN
APX 6000 RA112596 481CYZ6962 H98QDD9PW5BN
APX 6000 RA112597 481CYZ6963 H98QDD9PW5BN
24 ATTACHMENT A
259
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA112598 481CYZ6964 H98QDD9PW5BN
APX 6000 RA112599 481CYZ6965 H98QDD9PW5BN
APX 6000 RA112600 481CYZ6966 H98QDD9PW5BN
APX 6000 RA112601 481CYZ6967 H98QDD9PW5BN
APX 6000 RA112602 481CYZ6968 H98QDD9PW5BN
APX 6000 RA112603 481CYZ6969 H98QDD9PW5BN
APX 6000 RA112604 481CYZ6970 H98QDD9PW5BN
APX 6000 RA112605 481CYZ6971 H98QDD9PW5BN
APX 6000 RA112606 481CYZ6972 H98QDD9PW5BN
APX 6000 RA112607 481CYZ6973 H98QDD9PW5BN
APX 6000 RA112608 481CYZ6974 H98QDD9PW5BN
APX 6000 RA112609 481CYZ6975 H98QDD9PW5BN
APX 6000 RA112610 481CYZ6976 H98QDD9PW5BN
APX 6000 RA112611 481CYZ6977 H98QDD9PW5BN
APX 6000 RA112612 481CYZ6978 H98QDD9PW5BN
APX 6000 RA112613 481CYZ6979 H98QDD9PW5BN
APX 6000 RA112614 481CYZ6980 H98QDD9PW5BN
APX 6000 RA112615 481CYZ6981 H98QDD9PW5BN
APX 6000 RA112616 481CYZ6982 H98QDD9PW5BN
APX 6000 RA112617 481CYZ6983 H98QDD9PW5BN
APX 6000 RA112618 481CYZ6984 H98QDD9PW5BN
APX 6000 RA112619 481CYZ6985 H98QDD9PW5BN
APX 6000 RA112620 481CYZ6986 H98QDD9PW5BN
APX 6000 RA112621 481CYZ6987 H98QDD9PW5BN
APX 6000 RA112622 481CYZ6988 H98QDD9PW5BN
APX 6000 RA112623 481CYZ6989 H98QDD9PW5BN
APX 6000 RA112624 481CYZ6990 H98QDD9PW5BN
APX 6000 RA112625 481CYZ6991 H98QDD9PW5BN
APX 6000 RA112626 481CYZ6992 H98QDD9PW5BN
APX 6000 RA112627 481CYZ6993 H98QDD9PW5BN
APX 6000 RA112628 481CYZ6994 H98QDD9PW5BN
APX 6000 RA112629 481CYZ6995 H98QDD9PW5BN
APX 6000 RA112630 481CYZ6996 H98QDD9PW5BN
APX 6000 RA112631 481CYZ6997 H98QDD9PW5BN
APX 6000 RA112632 481CYZ6998 H98QDD9PW5BN
APX 6000 RA112633 481CYZ6999 H98QDD9PW5BN
APX 6000 RA112634 481CYZ7000 H98QDD9PW5BN
APX 6000 RA112635 481CYZ7001 H98QDD9PW5BN
APX 6000 RA112636 481CYZ7002 H98QDD9PW5BN
APX 6000 RA112637 481CYZ7003 H98QDD9PW5BN
APX 6000 RA112638 481CYZ7004 H98QDD9PW5BN
APX 6000 RA112639 481CYZ7005 H98QDD9PW5BN
APX 6000 RA112640 481CYZ7006 H98QDD9PW5BN
APX 6000 RA112641 481CYZ7007 H98QDD9PW5BN
25 ATTACHMENT A
260
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA112642 481CYZ7008 H98QDD9PW5BN
APX 6000 RA112643 481CYZ7009 H98QDD9PW5BN
APX 6000 RA112644 481CYZ7010 H98QDD9PW5BN
APX 6000 RA112645 481CYZ7011 H98QDD9PW5BN
APX 6000 RA112646 481CYZ7012 H98QDD9PW5BN
APX 6000 RA112647 481CYZ7013 H98QDD9PW5BN
APX 6000 RA112648 481CYZ7014 H98QDD9PW5BN
APX 6000 RA112649 481CYZ7015 H98QDD9PW5BN
APX 6000 RA112650 481CYZ7016 H98QDD9PW5BN
APX 6000 RA112651 481CYZ7017 H98QDD9PW5BN
APX 6000 RA112652 481CYZ7018 H98QDD9PW5BN
APX 6000 RA112653 481CYZ7019 H98QDD9PW5BN
APX 6000 RA112654 481CYZ7020 H98QDD9PW5BN
APX 6000 RA112655 481CYZ7021 H98QDD9PW5BN
APX 6000 RA112656 481CYZ7022 H98QDD9PW5BN
APX 6000 RA112657 481CYZ7023 H98QDD9PW5BN
APX 6000 RA112658 481CYZ7024 H98QDD9PW5BN
APX 6000 RA112659 481CYZ7025 H98QDD9PW5BN
APX 6000 RA112660 481CYZ7026 H98QDD9PW5BN
APX 6000 RA112661 481CYZ7027 H98QDD9PW5BN
APX 6000 RA112662 481CYZ7028 H98QDD9PW5BN
APX 6000 RA112663 481CYZ7029 H98QDD9PW5BN
APX 6000 RA112664 481CYZ7030 H98QDD9PW5BN
APX 6000 RA112665 481CYZ7031 H98QDD9PW5BN
APX 6000 RA112666 481CYZ7032 H98QDD9PW5BN
APX 6000 RA112667 481CYZ7033 H98QDD9PW5BN
APX 6000 RA112668 481CYZ7034 H98QDD9PW5BN
APX 6000 RA112669 481CYZ7035 H98QDD9PW5BN
APX 6000 RA112670 481CYZ7036 H98QDD9PW5BN
APX 6000 RA112671 481CYZ7037 H98QDD9PW5BN
APX 6000 RA112672 481CYZ7038 H98QDD9PW5BN
APX 6000 RA112673 481CYZ7039 H98QDD9PW5BN
APX 6000 RA112674 481CYZ7040 H98QDD9PW5BN
APX 6000 RA112675 481CYZ7041 H98QDD9PW5BN
APX 6000 RA112676 481CYZ7042 H98QDD9PW5BN
APX 6000 RA112677 481CYZ7043 H98QDD9PW5BN
APX 6000 RA112678 481CYZ7044 H98QDD9PW5BN
APX 6000 RA112679 481CYZ7045 H98QDD9PW5BN
APX 6000 RA112680 481CYZ7046 H98QDD9PW5BN
APX 6000 RA112681 481CYZ7047 H98QDD9PW5BN
APX 6000 RA112682 481CYZ7048 H98QDD9PW5BN
APX 6000 RA112683 481CYZ7049 H98QDD9PW5BN
APX 6000 RA112684 481CYZ7050 H98QDD9PW5BN
APX 6000 RA112685 481CYZ7051 H98QDD9PW5BN
26 ATTACHMENT A
261
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA112686 481CYZ7052 H98QDD9PW5BN
APX 6000 RA112687 481CYZ7053 H98QDD9PW5BN
APX 6000 RA112688 481CYZ7054 H98QDD9PW5BN
APX 6000 RA112689 481CYZ7055 H98QDD9PW5BN
APX 6000 RA112690 481CYZ7056 H98QDD9PW5BN
APX 6000 RA112691 481CYZ7057 H98QDD9PW5BN
APX 6000 RA112692 481CYZ7058 H98QDD9PW5BN
APX 8500 RA112693 681CZB1845 M37TXS9PW1AN
APX 8500 RA112694 681CZB1846 M37TXS9PW1AN
APX 8500 RA112695 681CZB1847 M37TXS9PW1AN
APX 8000 RA112704 579CAD1497 H91TGD9PW7AN
APX 4000 RA112705 426CAD3167 H51QDH9PW7AN
APX 4000 RA112706 426CAD3169 H51QDH9PW7AN
APX 4000 RA112707 426CAD3168 H51QDH9PW7AN
APX 6500 RA112790 527CZZ1062 M25QSS9PW1BN
APX 6500 RA112791 527CZZ1061 M25QSS9PW1BN
APX 6500 RA112792 527CZZ1063 M25QSS9PW1BN
APX 6500 RA112793 527CZZ1064 M25QSS9PW1BN
APX 8500 RA112794 681CZZ494 M37TSS9PW1AN
APX 8500 RA112795 681CZZ0495 M37TSS9PW1AN
APX 8000 RA112797 581CYM3035 H91TGD9PW7AN
APX 8000 RA112798 581CYM3036 H91TGD9PW7AN
APX 8000 RA112799 581CYM3034 H91TGD9PW7AN
APX 8500 RA112800 681CZV0299 M37TXS9PW1AN
APX 8500 RA112801 681CZV0297 M37TXS9PW1AN
APX 8500 RA112802 681CZV0298 M37TXS9PW1AN
APX 8500 RA112803 681CZV0300 M37TXS9PW1AN
APX 8500 RA112804 681CZV0295 M37TXS9PW1AN
APX 8500 RA112805 681CZV0294 M37TXS9PW1AN
APX 8500 RA112806 681CZV0296 M37TXS9PW1AN
APX 8500 RA112807 681CZV0301 M37TXS9PW1AN
APX 8000 RA112808 579CAB2565 H91TGD9PW7AN
APX 8000 RA112809 579CAB2564 H91TGD9PW7AN
APX 8000 RA112810 579CAB2566 H91TGD9PW7AN
APX 6000 RA112820 481CAK3069 H98QDD9PW5BN
APX 6000 RA112821 481CAK3070 H98QDD9PW5BN
APX 6000 RA112822 481CAK3071 H98QDD9PW5BN
APX 6000 RA112823 481CAK3072 H98QDD9PW5BN
APX 6000 RA112824 481CAK3073 H98QDD9PW5BN
APX 6000 RA112825 481CAK3074 H98QDD9PW5BN
APX 6000 RA112826 481CAK3075 H98QDD9PW5BN
APX 6000 RA112827 481CAK3076 H98QDD9PW5BN
APX 6000 RA112828 481CAK3077 H98QDD9PW5BN
APX 6000 RA112829 481CAK3078 H98QDD9PW5BN
27 ATTACHMENT A
262
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA112830 481CAK3079 H98QDD9PW5BN
APX 6000 RA112831 481CAK3080 H98QDD9PW5BN
APX 6000 RA112832 481CAK3081 H98QDD9PW5BN
APX 6000 RA112833 481CAK3082 H98QDD9PW5BN
APX 6000 RA112834 481CAK3083 H98QDD9PW5BN
APX 6000 RA112835 481CAK3084 H98QDD9PW5BN
APX 6000 RA112836 481CAK3085 H98QDD9PW5BN
APX 6000 RA112837 481CAK3086 H98QDD9PW5BN
APX 6000 RA112838 481CAK3087 H98QDD9PW5BN
APX 6000 RA112839 481CAK3088 H98QDD9PW5BN
APX 6000 RA112840 481CAK3089 H98QDD9PW5BN
APX 6000 RA112841 481CAK3090 H98QDD9PW5BN
APX 6000 RA112842 481CAK3091 H98QDD9PW5BN
APX 6000 RA112843 481CAK3092 H98QDD9PW5BN
APX 6000 RA112844 481CAK3093 H98QDD9PW5BN
APX 6000 RA112845 481CAK3094 H98QDD9PW5BN
APX 6000 RA112846 481CAK3095 H98QDD9PW5BN
APX 6000 RA112847 481CAK3096 H98QDD9PW5BN
APX 6000 RA112848 481CAK3097 H98QDD9PW5BN
APX 6000 RA112849 481CAK3098 H98QDD9PW5BN
APX 8000 RA112850 581CYM3037 H91TGD9PW7AN
APX 8000 RA112851 581CYM3033 H91TGD9PW7AN
APX 6500 RA112852 527CAF1121 M25QSS9PW1BN
APX 6500 RA112853 527CAF1122 M25QSS9PW1BN
APX 6500 RA112854 527CAF1123 M25QSS9PW1BN
APX 6500 RA112855 527CAF1124 M25QSS9PW1BN
APX 8000 RA112856 579CAP0126 H91TGD9PW7AN
APX 8000 RA112857 579CAP0127 H91TGD9PW7AN
APX 8000 RA112858 579CAP0128 H91TGD9PW7AN
APX 8000 RA112859 579CAP0129 H91TGD9PW7AN
APX 8000 RA112860 579CAP0130 H91TGD9PW7AN
APX 8000 RA112861 579CAP0131 H91TGD9PW7AN
APX 8000 RA112862 579CAP0132 H91TGD9PW7AN
APX 8000 RA112863 579CAP0133 H91TGD9PW7AN
APX 8000 RA112864 579CAP0134 H91TGD9PW7AN
APX 8000 RA112865 579CAP0135 H91TGD9PW7AN
APX 8000 RA112866 579CAP0136 H91TGD9PW7AN
APX 8000 RA112867 579CAP0137 H91TGD9PW7AN
APX 8000 RA112868 579CAP0138 H91TGD9PW7AN
APX 8000 RA112869 579CAP0139 H91TGD9PW7AN
APX 8000 RA112870 579CAP0140 H91TGD9PW7AN
APX 8000 RA112871 579CAP0141 H91TGD9PW7AN
APX 8000 RA112872 579CAP0142 H91TGD9PW7AN
APX 8000 RA112873 579CAP0143 H91TGD9PW7AN
28 ATTACHMENT A
263
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 8000 RA112874 579CAP0144 H91TGD9PW7AN
APX 8000 RA112875 579CAP0145 H91TGD9PW7AN
APX 8000 RA112876 579CAP0146 H91TGD9PW7AN
APX 8000 RA112877 579CAP0147 H91TGD9PW7AN
APX 8000 RA112878 579CAP0148 H91TGD9PW7AN
APX 8000 RA112879 579CAP0149 H91TGD9PW7AN
APX 8000 RA112880 579CAP0150 H91TGD9PW7AN
APX 8000 RA112881 579CAP0151 H91TGD9PW7AN
APX 8000 RA112882 579CAP0152 H91TGD9PW7AN
APX 8000 RA112883 579CAP0153 H91TGD9PW7AN
APX 8000 RA112884 579CAP0154 H91TGD9PW7AN
APX 8000 RA112885 579CAP0155 H91TGD9PW7AN
APX 8000 RA112886 579CAP0156 H91TGD9PW7AN
APX 8000 RA112887 579CAP0157 H91TGD9PW7AN
APX 8000 RA112888 579CAP0158 H91TGD9PW7AN
APX 8000 RA112889 579CAP0159 H91TGD9PW7AN
APX 8000 RA112890 579CAP0160 H91TGD9PW7AN
APX 8000 RA112891 579CAP0161 H91TGD9PW7AN
APX 8000 RA112892 579CAP0162 H91TGD9PW7AN
APX 8000 RA112893 579CAP0163 H91TGD9PW7AN
APX 8000 RA112894 579CAP0164 H91TGD9PW7AN
APX 8000 RA112895 579CAP0165 H91TGD9PW7AN
APX 8000 RA112896 579CAP0166 H91TGD9PW7AN
APX 8000 RA112897 579CAP0167 H91TGD9PW7AN
APX 8000 RA112898 579CAP0168 H91TGD9PW7AN
APX 8000 RA112899 579CAP0169 H91TGD9PW7AN
APX 8000 RA112900 579CAP0170 H91TGD9PW7AN
APX 8000 RA112901 579CAP0171 H91TGD9PW7AN
APX 8000 RA112902 579CAP0172 H91TGD9PW7AN
APX 8000 RA112903 579CAP0173 H91TGD9PW7AN
APX 8000 RA112904 579CAP0174 H91TGD9PW7AN
APX 8000 RA112905 579CAP0175 H91TGD9PW7AN
APX 8000 RA112906 579CAP0176 H91TGD9PW7AN
APX 8000 RA112907 579CAP0177 H91TGD9PW7AN
APX 8000 RA112908 579CAP0178 H91TGD9PW7AN
APX 8000 RA112909 579CAP0179 H91TGD9PW7AN
APX 8000 RA112910 579CAP0180 H91TGD9PW7AN
APX 8000 RA112911 579CAP0181 H91TGD9PW7AN
APX 8000 RA112912 579CAP0182 H91TGD9PW7AN
APX 8000 RA112913 579CAP0183 H91TGD9PW7AN
APX 8000 RA112914 579CAP0184 H91TGD9PW7AN
APX 8000 RA112915 579CAP0185 H91TGD9PW7AN
APX 8000 RA112916 579CAP0186 H91TGD9PW7AN
APX 8000 RA112917 579CAP0187 H91TGD9PW7AN
29 ATTACHMENT A
264
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 8000 RA112918 579CAP0188 H91TGD9PW7AN
APX 8000 RA112919 579CAP0189 H91TGD9PW7AN
APX 8000 RA112920 579CAP0190 H91TGD9PW7AN
APX 8000 RA112921 579CAP0191 H91TGD9PW7AN
APX 8000 RA112922 579CAP0192 H91TGD9PW7AN
APX 8000 RA112923 579CAP0193 H91TGD9PW7AN
APX 8000 RA112924 579CAP0194 H91TGD9PW7AN
APX 8000 RA112925 579CAP0195 H91TGD9PW7AN
APX 8000 RA112926 579CAP0196 H91TGD9PW7AN
APX 8000 RA112927 579CAP0197 H91TGD9PW7AN
APX 8000 RA112928 579CAP0198 H91TGD9PW7AN
APX 8000 RA112929 579CAP0199 H91TGD9PW7AN
APX 8000 RA112930 579CAP0200 H91TGD9PW7AN
APX 8000 RA112931 579CAP0201 H91TGD9PW7AN
APX 8000 RA112932 579CAP0202 H91TGD9PW7AN
APX 8000 RA112933 579CAP0203 H91TGD9PW7AN
APX 8000 RA112934 579CAP0204 H91TGD9PW7AN
APX 8000 RA112935 579CAP0205 H91TGD9PW7AN
APX 8000 RA112936 579CAP0206 H91TGD9PW7AN
APX 8000 RA112937 579CAP0207 H91TGD9PW7AN
APX 8000 RA112938 579CAP0208 H91TGD9PW7AN
APX 8000 RA112939 579CAP0209 H91TGD9PW7AN
APX 8000 RA112940 579CAP0210 H91TGD9PW7AN
APX 8000 RA112941 579CAP0211 H91TGD9PW7AN
APX 8000 RA112942 579CAP0212 H91TGD9PW7AN
APX 8000 RA112943 579CAP0213 H91TGD9PW7AN
APX 8000 RA112944 579CAP0214 H91TGD9PW7AN
APX 8000 RA112945 579CAP0215 H91TGD9PW7AN
APX 8000 RA112946 579CAP0216 H91TGD9PW7AN
APX 8000 RA112947 579CAP0217 H91TGD9PW7AN
APX 8000 RA112948 579CAP0218 H91TGD9PW7AN
APX 8000 RA112949 579CAP0219 H91TGD9PW7AN
APX 8000 RA112970 579CAP2267 H91TGD9PW7AN
APX 8000 RA112971 579CAP2268 H91TGD9PW7AN
APX 8000 RA112972 579CAP2270 H91TGD9PW7AN
APX 8000 RA112973 579CAP2271 H91TGD9PW7AN
APX 8000 RA112974 579CAP2272 H91TGD9PW7AN
APX 8000 RA112975 579CAP2273 H91TGD9PW7AN
APX 8000 RA112976 579CAP2274 H91TGD9PW7AN
APX 8000 RA112977 579CAP2275 H91TGD9PW7AN
APX 8000 RA112978 579CAP2276 H91TGD9PW7AN
APX 8000 RA112979 579CAP2277 H91TGD9PW7AN
APX 8000 RA112980 579CAP2269 H91TGD9PW7AN
APX 6000 RA112984 481CAR3147 H98QDD9PW5BN
30 ATTACHMENT A
265
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA112985 481CAR3148 H98QDD9PW5BN
APX 6000 RA112986 481CAR3149 H98QDD9PW5BN
APX 6000 RA112987 481CAR3150 H98QDD9PW5BN
APX 6000 RA112988 481CAR3151 H98QDD9PW5BN
APX 6000 RA112989 481CAR3152 H98QDD9PW5BN
APX 6000 RA112990 481CAR3153 H98QDD9PW5BN
APX 6000 RA112991 481CAR3154 H98QDD9PW5BN
APX 6000 RA112992 481CAR3155 H98QDD9PW5BN
APX 6000 RA112993 481CAR3156 H98QDD9PW5BN
APX 6000 RA112994 481CAR3157 H98QDD9PW5BN
APX 6000 RA112995 481CAR3158 H98QDD9PW5BN
APX 6000 RA112996 481CAR3159 H98QDD9PW5BN
APX 6000 RA112997 481CAR3160 H98QDD9PW5BN
APX 6000 RA112998 481CAR3161 H98QDD9PW5BN
APX 6000 RA112999 481CAR3162 H98QDD9PW5BN
APX 6000 RA113000 481CAR3163 H98QDD9PW5BN
APX 6000 RA113001 481CAR3164 H98QDD9PW5BN
APX 6000 RA113002 481CAR3165 H98QDD9PW5BN
APX 6000 RA113003 481CAR3166 H98QDD9PW5BN
APX 6000 RA113004 481CAR3167 H98QDD9PW5BN
APX 6000 RA113005 481CAR3168 H98QDD9PW5BN
APX 6000 RA113006 481CAR3169 H98QDD9PW5BN
APX 6000 RA113007 481CAR3170 H98QDD9PW5BN
APX 6000 RA113008 481CAR3171 H98QDD9PW5BN
APX 6000 RA113009 481CAR3172 H98QDD9PW5BN
APX 6000 RA113010 481CAR3173 H98QDD9PW5BN
APX 6000 RA113011 481CAR3174 H98QDD9PW5BN
APX 6000 RA113012 481CAR3175 H98QDD9PW5BN
APX 6000 RA113013 481CAR3176 H98QDD9PW5BN
APX 6000 RA113014 481CAR3177 H98QDD9PW5BN
APX 6000 RA113015 481CAR3178 H98QDD9PW5BN
APX 6000 RA113016 481CAR3179 H98QDD9PW5BN
APX 6000 RA113017 481CAR3180 H98QDD9PW5BN
APX 6000 RA113018 481CAR3181 H98QDD9PW5BN
APX 6000 RA113019 481CAR3182 H98QDD9PW5BN
APX 6000 RA113020 481CAR3183 H98QDD9PW5BN
APX 6000 RA113021 481CAR3184 H98QDD9PW5BN
APX 6000 RA113022 481CAR3185 H98QDD9PW5BN
APX 6000 RA113023 481CAR3186 H98QDD9PW5BN
APX 6000 RA113024 481CAR3187 H98QDD9PW5BN
APX 6000 RA113025 481CAR3188 H98QDD9PW5BN
APX 6000 RA113026 481CAR3189 H98QDD9PW5BN
APX 6000 RA113027 481CAR3190 H98QDD9PW5BN
APX 6000 RA113028 481CAR3191 H98QDD9PW5BN
31 ATTACHMENT A
266
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA113029 481CAR3192 H98QDD9PW5BN
APX 6000 RA113030 481CAR3193 H98QDD9PW5BN
APX 6000 RA113031 481CAR3194 H98QDD9PW5BN
APX 6000 RA113032 481CAR3195 H98QDD9PW5BN
APX 6000 RA113033 481CAR3196 H98QDD9PW5BN
APX 6000 RA113034 481CAR3197 H98QDD9PW5BN
APX 6000 RA113035 481CAR3198 H98QDD9PW5BN
APX 6000 RA113036 481CAR3199 H98QDD9PW5BN
APX 6000 RA113037 481CAR3200 H98QDD9PW5BN
APX 6000 RA113038 481CAR3201 H98QDD9PW5BN
APX 6000 RA113039 481CAR3202 H98QDD9PW5BN
APX 6000 RA113040 481CAR3203 H98QDD9PW5BN
APX 6000 RA113041 481CAR3204 H98QDD9PW5BN
APX 6000 RA113042 481CAR3205 H98QDD9PW5BN
APX 6000 RA113043 481CAR3206 H98QDD9PW5BN
APX 6000 RA113044 481CAR3207 H98QDD9PW5BN
APX 6000 RA113045 481CAR3208 H98QDD9PW5BN
APX 6000 RA113046 481CAR3209 H98QDD9PW5BN
APX 6000 RA113047 481CAR3210 H98QDD9PW5BN
APX 6000 RA113048 481CAR3211 H98QDD9PW5BN
APX 6000 RA113049 481CAR3212 H98QDD9PW5BN
APX 6000 RA113050 481CAR3213 H98QDD9PW5BN
APX 6000 RA113051 481CAR3214 H98QDD9PW5BN
APX 6000 RA113052 481CAR3215 H98QDD9PW5BN
APX 6000 RA113053 481CAR3216 H98QDD9PW5BN
APX 6000 RA113054 481CAR3217 H98QDD9PW5BN
APX 6000 RA113055 481CAR3218 H98QDD9PW5BN
APX 6000 RA113056 481CAR3219 H98QDD9PW5BN
APX 6000 RA113057 481CAR3220 H98QDD9PW5BN
APX 6000 RA113058 481CAR3221 H98QDD9PW5BN
APX 6000 RA113059 481CAR3222 H98QDD9PW5BN
APX 6000 RA113060 481CAR3223 H98QDD9PW5BN
APX 6000 RA113061 481CAR3224 H98QDD9PW5BN
APX 6000 RA113062 481CAR3225 H98QDD9PW5BN
APX 6000 RA113063 481CAR3226 H98QDD9PW5BN
APX 6000 RA113064 481CAR3227 H98QDD9PW5BN
APX 6000 RA113065 481CAR3228 H98QDD9PW5BN
APX 6000 RA113066 481CAR3229 H98QDD9PW5BN
APX 6000 RA113067 481CAR3230 H98QDD9PW5BN
APX 6000 RA113068 481CAR3231 H98QDD9PW5BN
APX 6000 RA113069 481CAR3232 H98QDD9PW5BN
APX 6000 RA113070 481CAR3233 H98QDD9PW5BN
APX 6000 RA113071 481CAR3234 H98QDD9PW5BN
APX 6000 RA113072 481CAR3235 H98QDD9PW5BN
32 ATTACHMENT A
267
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA113073 481CAR3236 H98QDD9PW5BN
APX 6000 RA113074 481CAR3237 H98QDD9PW5BN
APX 6000 RA113075 481CAR3238 H98QDD9PW5BN
APX 6000 RA113076 481CAR3239 H98QDD9PW5BN
APX 6000 RA113077 481CAR3240 H98QDD9PW5BN
APX 6000 RA113078 481CAR3241 H98QDD9PW5BN
APX 6000 RA113079 481CAR3242 H98QDD9PW5BN
APX 6000 RA113080 481CAR3243 H98QDD9PW5BN
APX 6000 RA113081 481CAR3244 H98QDD9PW5BN
APX 6000 RA113082 481CAR3245 H98QDD9PW5BN
APX 6000 RA113083 481CAR3246 H98QDD9PW5BN
APX 6000 RA113084 481CAR3247 H98QDD9PW5BN
APX 6000 RA113085 481CAR3248 H98QDD9PW5BN
APX 6000 RA113086 481CAR3249 H98QDD9PW5BN
APX 6000 RA113087 481CAR3250 H98QDD9PW5BN
APX 6000 RA113088 481CAR3251 H98QDD9PW5BN
APX 6000 RA113089 481CAR3252 H98QDD9PW5BN
APX 6000 RA113090 481CAR3253 H98QDD9PW5BN
APX 6000 RA113091 481CAR3254 H98QDD9PW5BN
APX 6000 RA113092 481CAR3255 H98QDD9PW5BN
APX 6000 RA113093 481CAR3256 H98QDD9PW5BN
APX 6000 RA113094 481CAR3257 H98QDD9PW5BN
APX 6000 RA113095 481CAR3258 H98QDD9PW5BN
APX 6000 RA113096 481CAR3259 H98QDD9PW5BN
APX 6000 RA113097 481CAR3260 H98QDD9PW5BN
APX 6000 RA113098 481CAR3261 H98QDD9PW5BN
APX 6000 RA113099 481CAR3262 H98QDD9PW5BN
APX 6500 RA113100 527CAR1591 M25QSS9PW1BN
APX 6500 RA113101 527CAR1592 M25QSS9PW1BN
APX 6500 RA113102 527CAR1593 M25QSS9PW1BN
APX 6500 RA113103 527CAR1594 M25QSS9PW1BN
APX 6500 RA113104 527CAR1595 M25QSS9PW1BN
APX 6500 RA113105 527CAR1596 M25QSS9PW1BN
APX 6500 RA113106 527CAR1597 M25QSS9PW1BN
APX 6500 RA113107 527CAR1598 M25QSS9PW1BN
APX 6500 RA113108 527CAR1599 M25QSS9PW1BN
APX 6500 RA113109 527CAR1600 M25QSS9PW1BN
APX 8500 RA113110 681CAR0655 M37TSS9PW1AN
APX 8500 RA113111 681CAR0656 M37TSS9PW1AN
APX 8500 RA113112 681CAR0657 M37TSS9PW1AN
APX 8500 RA113113 681CAR0658 M37TSS9PW1AN
APX 8500 RA113114 681CAR0659 M37TSS9PW1AN
APX 8500 RA113115 681CAR0660 M37TSS9PW1AN
APX 8500 RA113116 681CAR0661 M37TSS9PW1AN
33 ATTACHMENT A
268
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 8500 RA113117 681CAR0662 M37TSS9PW1AN
APX 8500 RA113118 681CAR0663 M37TSS9PW1AN
APX 8500 RA113119 681CAR0708 M37TSS9PW1AN
APX 6500 RA113120 527CAR3119 M25QSS9PW1BN
APX 6500 RA113121 527CAR3120 M25QSS9PW1BN
APX 6500 RA113122 527CAR3121 M25QSS9PW1BN
APX 6500 RA113123 527CAR3122 M25QSS9PW1BN
APX 6500 RA113124 527CAR3123 M25QSS9PW1BN
APX 6500 RA113125 527CAR3124 M25QSS9PW1BN
APX 6500 RA113126 527CAR3125 M25QSS9PW1BN
APX 6500 RA113127 527CAR3126 M25QSS9PW1BN
APX 6500 RA113128 527CAR3127 M25QSS9PW1BN
APX 6500 RA113129 527CAR3128 M25QSS9PW1BN
APX 6500 RA113130 527CAR3129 M25QSS9PW1BN
APX 6500 RA113131 527CAR3130 M25QSS9PW1BN
APX 6500 RA113132 527CAR3131 M25QSS9PW1BN
APX 6500 RA113133 527CAR3132 M25QSS9PW1BN
APX 6500 RA113134 527CAR3133 M25QSS9PW1BN
APX 6500 RA113135 527CAR3134 M25QSS9PW1BN
APX 6500 RA113136 527CAR3135 M25QSS9PW1BN
APX 6500 RA113137 527CAR3136 M25QSS9PW1BN
APX 6500 RA113138 527CAR3137 M25QSS9PW1BN
APX 6500 RA113139 527CAR3138 M25QSS9PW1BN
APX 6500 RA113140 527CAR3139 M25QSS9PW1BN
APX 6500 RA113141 527CAR3140 M25QSS9PW1BN
APX 6500 RA113142 527CAR3141 M25QSS9PW1BN
APX 6500 RA113143 527CAR3142 M25QSS9PW1BN
APX 6500 RA113144 527CAR3143 M25QSS9PW1BN
APX 6500 RA113145 527CAR3144 M25QSS9PW1BN
APX 6500 RA113146 527CAR3145 M25QSS9PW1BN
APX 6500 RA113147 527CAR3146 M25QSS9PW1BN
APX 6500 RA113148 527CAR3147 M25QSS9PW1BN
APX 6500 RA113149 527CAR3148 M25QSS9PW1BN
APX 6500 RA113150 527CAR3149 M25QSS9PW1BN
APX 6500 RA113151 527CAR3150 M25QSS9PW1BN
APX 6500 RA113152 527CAR3151 M25QSS9PW1BN
APX 6500 RA113153 527CAR3152 M25QSS9PW1BN
APX 6500 RA113154 527CAR3153 M25QSS9PW1BN
APX 6500 RA113155 527CAR3154 M25QSS9PW1BN
APX 6500 RA113156 527CAR3155 M25QSS9PW1BN
APX 6500 RA113157 527CAR3156 M25QSS9PW1BN
APX 6500 RA113158 527CAR3157 M25QSS9PW1BN
APX 6500 RA113159 527CAR3158 M25QSS9PW1BN
APX 6000 RA113160 481CAR3266 H98QDD9PW5AN
34 ATTACHMENT A
269
EXHIBIT 1A
Type Asset Tag SerialNumber Model Cost Per Month
APX 6000 RA113161 481CAR3267 H98QDD9PW5AN
APX 6000 RA113162 481CAR3268 H98QDD9PW5AN
APX 6000 RA113163 481CAR3269 H98QDD9PW5AN
APX 6000 RA113164 481CAR3270 H98QDD9PW5AN
APX 6000 RA113165 481CAR3271 H98QDD9PW5AN
APX 6000 RA113166 481CAR3272 H98QDD9PW5AN
APX 6000 RA113167 481CAR3273 H98QDD9PW5AN
APX 6000 RA113168 481CAR3274 H98QDD9PW5AN
APX 6000 RA113169 481CAR3275 H98QDD9PW5AN
APX 6000 RA113170 481CAR3276 H98QDD9PW5AN
APX 6000 RA113171 481CAR3277 H98QDD9PW5AN
APX 6000 RA113172 481CAR3278 H98QDD9PW5AN
APX 6000 RA113173 481CAR3279 H98QDD9PW5AN
APX 6000 RA113174 481CAR3280 H98QDD9PW5AN
APX 6000 RA113175 481CAR3281 H98QDD9PW5AN
APX 6000 RA113176 481CAR3282 H98QDD9PW5AN
APX 6000 RA113177 481CAR3283 H98QDD9PW5AN
APX 6000 RA113178 481CAR3284 H98QDD9PW5AN
APX 6000 RA113179 481CAR3285 H98QDD9PW5AN
APX 6500 RA113180 527CAR3159 M25QSS9PW1BN
APX 6500 RA113181 527CAR3160 M25QSS9PW1BN
APX 6500 RA113182 527CAR3161 M25QSS9PW1BN
APX 6500 RA113183 527CAR3162 M25QSS9PW1BN
APX 6500 RA113184 527CAR3163 M25QSS9PW1BN
35 ATTACHMENT A
270
EXHIBIT 1B
Asset Type Asset Tag SerialNumber Model Make
Dispatch Console RA111672 MXL9503WD4 HP Z2 MINI
Dispatch Console RA111673 MXL9493WNZ HP Z2 MINI
Dispatch Console RA111674 MXL9503WD3 HP Z2 MINI
Dispatch Console RA111675 MXL9503VVF HP Z2 MINI
Dispatch Console RA111677 MXL9503W7L HP Z2 MINI
Dispatch Console RA111678 MXL9503VV5 HP Z2 MINI
Dispatch Console RA111679 MXL9503W7H HP Z2 MINI
Dispatch Console RA111720 MXL9503WC9 HP Z2 MINI
Dispatch Console RA111721 MXL9503WCT HP Z2 MINI
Dispatch Console RA111722 MXL9493WVY HP Z2 MINI
Dispatch Console RA111723 MXL9493WP7 HP Z2 MINI
Dispatch Console RA111724 MXL9493WVG HP Z2 MINI
Dispatch Console RA111725 MXL9493WNM HP Z2 MINI
Dispatch Console RA111726 MXL9493W2P HP Z2 MINI
Dispatch Console RA111870 MXL024304F HP Z2 MINI
Dispatch Console RA111871 MXL0212X1K HP Z2 MINI
Dispatch Console RA111872 MXL02530FB HP Z2 MINI
Microwave RA111982 C210503005 636-H110490AN-0T100-C0 NORTHEAST TOWER / 400 Microwave RA111982 C210503005 636-H110490AN-0T100-C0 NORTHEAST TOWER / 400 Microwave RA111983 C210503007 636-H110490AN-0T100-C0 NORTHEAST TOWER / 400 Microwave RA111984 C210503018 636-H110490PN-0T100-C0 NORTHEAST TOWER / 400 Microwave RA111985 C210503013 636-H110490AN-0T100-C0 NORTHEAST TOWER / 400 Microwave RA111986 041921002 8209344-09 NORTHEAST TOWER / 400 Microwave RA111987 032421003 8209346-00 NORTHEAST TOWER / 400 Microwave RA111988 041921013 8209344-09 NORTHEAST TOWER / 400 Microwave RA111989 204609001798 CTOS0201.001 NORTHEAST TOWER / 400 Microwave RA111990 C210503002 636-H110490AN-0T100-C0 Oak Grove Tower / 300 Microwave RA111991 C210503004 636-H110490AN-0T100-C0 Oak Grove Tower / 300 Microwave RA111992 C210503008 636-H110490AN-0T100-C0 Oak Grove Tower / 300 Microwave RA111993 C210502997 636-H110490AN-0T100-C0 Oak Grove Tower / 300 Microwave RA111994 041921009 8209344-09 Oak Grove Tower / 300 Microwave RA111995 112019006 8209346-00 Oak Grove Tower / 300 Microwave RA111996 041921006 8209344-09 Oak Grove Tower / 300 Microwave RA111997 204609001799 CTOS0201.001 Oak Grove Tower / 300 Microwave RA111998 C210503110 636-H181560CP-0T100-C0 Company 2 / 200 Microwave RA111999 C210503111 636-H181560CP-0T100-C0 Company 2 / 200 Microwave RA112000 C210503011 636-H110490AP-0T100-C0 Company 2 / 200 Microwave RA112001 C210503115 636-H110490AP-0T100-C0 Company 2 / 200 Microwave RA112002 C210503012 636-H110490AP-0T100-C0 Company 2 / 200 Microwave RA112003 C210503010 636-H110490AP-0T100-C0 Company 2 / 200 Microwave RA112004 041921003 8209344-09 Company 2 / 200 Microwave RA112005 03241001 820934-00 Company 2 / 200
Microwave RA112006 041921007 8209344-09 Company 2 / 200 Microwave RA112007 RB090919490 8209344-08 Company 2 / 200 Microwave RA112008 204609001797 CTOS0201.001 Company 2 / 200 Microwave RA112009 C210503000 636-H110490AN-0T100-C0 BLDG 18 / 100 Microwave RA112010 C210502998 636-H110490AN-0T100-C0 BLDG 18 / 100 Microwave RA112011 RB090919488 8209344-08 BLDG 18 / 100 Microwave RA112012 204609001780 CTOS0201.001 BLDG 18 / 100 Microwave RA112013 C210503016 636-H110490AN-0T100-C0 CORONADO TOWER / 500 Microwave RA112014 C210503017 636-H110490AP-0T100-C0 CORONADO TOWER / 500 Microwave RA112015 C210503009 636-H110490AP-0T100-C0 CORONADO TOWER / 500 1 ATTACHMENT A
271
EXHIBIT 1B
Asset Type Asset Tag SerialNumber Model Make
Microwave RA112016 C210503015 636-H110490AP-0T100-C0 CORONADO TOWER / 500 Microwave RA112017 041921010 8209344-09 CORONADO TOWER / 500 Microwave RA112018 112019001 8209346-00 CORONADO TOWER / 500 Microwave RA112019 041921004 8209344-09 CORONADO TOWER / 500 Microwave RA112020 204609001793 CTOS0201.001 CORONADO TOWER / 500 Microwave RA112021 C210503112 636-H181560CP-0T100-C0 SEB / 600 Microwave RA112022 C210503113 636-H181560CP-0T100-C0 SEB / 600 Microwave RA112023 C210503006 636-H110490AN-0T100-C0 SEB / 600 Microwave RA112024 C210502999 636-H181560CP-0T100-C0 SEB / 600 Microwave RA112025 041921039 8209344-09 SEB / 600
Microwave RA112026 112019007 8209346-00 SEB / 600
Microwave RA112027 041921012 8209344-09 SEB / 600
Microwave RA112028 204609001776 CTOS0201.001 SEB / 600
Microwave RA112029 C210503104 636-H181560CP-0T100-C0 OLD STOCKTON PD / 600 Microwave RA112030 C210503108 636-H181560CP-0T100-C0 OLD STOCKTON PD / 600 Microwave RA112031 C210503105 636-H181560CN-0T100-C0 OLD STOCKTON PD / 600 Microwave RA112032 C210503107 636-H181560CN-0T100-C0 OLD STOCKTON PD / 600 Microwave RA112033 041921008 8209344-09 OLD STOCKTON PD / 600 Microwave RA112034 032421002 820934-00 OLD STOCKTON PD / 600 Microwave RA112035 041921011 8209344-09 OLD STOCKTON PD / 600 Microwave RA112036 204609001801 CTOS0201.001 OLD STOCKTON PD / 600 Microwave RA112037 C210503109 636-H110490AP-0T100-C0 SPARES Microwave RA112038 C210503106 636-H110490AP-0T100-C0 SPARES Microwave RA112039 C210503014 636-H110490AP-0T100-C0 SPARES Microwave RA112040 C210503116 636-H110490AP-0T100-C0 SPARES Microwave RA112041 C210503001 636-H110490AP-0T100-C0 SPARES Microwave RA112042 C210503003 636-H110490AP-0T100-C0 SPARES Radio Channel RA100317 273CHW0000 C04RTB3108C UHF Voting Receiver Radio Channel RA100318 273CHW0001 C04RTB3108C UHF Voting Receiver Radio Channel RA102149 150157 Model 25 Zetron Model 25
Radio Channel RA103480 177SUC0022 T5600B Talkabout
Radio Channel RA105149 15424S-A RMC460-12
Radio Channel RA105437 425CRJ0018 Q2207D UHF Voting Receiver Radio Channel RA105440 425CRJ0014 Q2207D UHF Voting Receiver Radio Channel RA105444 425CRJ0013 Q2207D UHF Voting Receiver Radio Channel RA105447 425CRJ0015 Q2207D UHF Voting Receiver Radio Channel RA105481 424CRJ0027 Q2980A AstroTac 3000
Radio Channel RA105482 424CRJ0026 Q2980A AstroTac 3000
Radio Channel RA105483 424CRJ0024 Q2980A AstroTac 3000
Radio Channel RA106205 448CWP0003 T5365A Quantar
Radio Channel RA106251 0362-076 Model 26 Zetron Model 26 Radio Channel RA106252 0361-076 Model 26 Zetron Model 26 Radio Channel RA106253 0363-076 (0572-094 slave) Model 26 Zetron Model 26 Radio Channel RA106254 00360-076 Model 26 Zetron Model 26 Radio Channel RA106255 1820-094 (0573-094 slave) Model 25 Zetron Model 25 Radio Channel RA106257 1818-094 (0575-094 slave) Model 25 Zetron Model 25 Radio Channel RA106258 1819-094 Model 25 Zetron Model 25 Radio Channel RA106259 1816-094 Model 25 Zetron Model 25 Radio Channel RA106262 177SUS0121 T5600B Talkabout
Radio Channel RA106419 677CZT0068 T5589A AstroTac 3000
Radio Channel RA106420 677CZT0067 T5589A AstroTac 3000
Radio Channel RA106421 677CZT0066 T5589A AstroTac 3000
2 ATTACHMENT A
272
EXHIBIT 1B
Asset Type Asset Tag SerialNumber Model Make
Radio Channel RA106422 677CZT0065 T5589A AstroTac 3000
Radio Channel RA106587 810A4173 100E TSU 100
Radio Channel RA106588 933D9914 100E TSU 100
Radio Channel RA106590 929A4396 100E TSU 100
Radio Channel RA106817 933D9897 100E TSU 100
Radio Channel RA106818 933D9803 100E TSU 100
Radio Channel RA106819 933D9774 100E TSU 100
Radio Channel RA106820 933D9902 100E TSU 100
Radio Channel RA106824 924B1444 TSU600E TSU 600
Radio Channel RA106825 421938-001 Custom build no model # Combiner Radio Channel RA106826 916C0050 TSU600E TSU 600
Radio Channel RA106831 743CAD0003 T5589A AstroTac 3000
Radio Channel RA106832 743CAD0002 T5589A AstroTac 3000
Radio Channel RA106833 509CAF0001 T5365A Quantar
Radio Channel RA106834 509CAF0002 T5365A Quantar
Radio Channel RA106841 743CAK0003 T5589A AstroTac 3000
Radio Channel RA106842 743CAK0004 T5589A AstroTac 3000
Radio Channel RA106843 743CAK0005 T5589A AstroTac 3000
Radio Channel RA106844 743CAK0006 T5589A AstroTac 3000
Radio Channel RA106845 743CAK0007 T5589A AstroTac 3000
Radio Channel RA106846 743CAK0008 T5589A AstroTac 3000
Radio Channel RA106847 743CAK0009 T5589A AstroTac 3000
Radio Channel RA106848 743CAK0010 T5589A AstroTac 3000
Radio Channel RA106849 743CAK0011 T5589A AstroTac 3000
Radio Channel RA106850 743CAK0012 T5589A AstroTac 3000
Radio Channel RA106851 743CAK0013 T5589A AstroTac 3000
Radio Channel RA106852 743CAK0014 T5589A AstroTac 3000
Radio Channel RA106853 743CAK0015 T5589A AstroTac 3000
Radio Channel RA106854 743CAK0016 T5589A AstroTac 3000
Radio Channel RA106855 743CAK0017 T5589A AstroTac 3000
Radio Channel RA106856 743CAK0018 T5589A AstroTac 3000
Radio Channel RA106857 509CAK0093 T5365A Quantar
Radio Channel RA106858 509CAK0094 T5365A Quantar
Radio Channel RA106859 509CAK0095 T5365A Quantar
Radio Channel RA106862 509CAK0096 T5365A Quantar
Radio Channel RA106863 509CAK0097 T5365A Quantar
Radio Channel RA107040 A13A0524 TSU600E TSU 600
Radio Channel RA107041 A13A0682 TSU600E TSU 600
Radio Channel RA107042 A04D4370 100E TSU 100
Radio Channel RA107043 A04D4355 100E TSU 100
Radio Channel RA107044 A0494394 100E TSU 100
Radio Channel RA107045 A04D4413 100E TSU 100
Radio Channel RA107051 GF750A1331 TSU 600 TSU 600
Radio Channel RA107069 740A0676 TSU 600 TSU 600
Radio Channel RA107071 740A0419 TSU 600 TSU 600
Radio Channel RA107072 740A0457 TSU 600 TSU 600
Radio Channel RA107073 680CYM0048 T5365A REPEATER
Radio Channel RA107089 A35A9781/952A1595 1280005L2 Tracer Radio Channel RA107091 A28E9233E TSU 600 TSU 600
Radio Channel RA107092 A35A9789/A19E5965 1280005L2 Tracer Radio Channel RA107097 743CBF0001 T5589A AstroTac 3000
Radio Channel RA107264 A46F1874 TSU600E TSU 600
3 ATTACHMENT A
273
EXHIBIT 1B
Asset Type Asset Tag SerialNumber Model Make
Radio Channel RA107265 A24D3620 TSU600E TSU 600
Radio Channel RA107287 743CBP0000 T5589A AstroTac 3000
Radio Channel RA107288 743CBP0001 T5589A AstroTac 3000
Radio Channel RA107289 743CBP0002 T5589A AstroTac 3000
Radio Channel RA107290 743CBP0003 T5589A AstroTac 3000
Radio Channel RA107291 743CBP0004 T5589A AstroTac 3000
Radio Channel RA107292 743CBP0005 T5589A AstroTac 3000
Radio Channel RA107293 743CBP0006 T5589A AstroTac 3000
Radio Channel RA107294 743CBP0007 T5589A AstroTac 3000
Radio Channel RA107295 743CBP0008 T5589A AstroTac 3000
Radio Channel RA107296 743CBP0009 T5589A AstroTac 3000
Radio Channel RA107297 743CBP0010 T5589A AstroTac 3000
Radio Channel RA107298 509CBP0182 T5365A Quantar
Radio Channel RA107299 509CBP0183 T5365A Quantar
Radio Channel RA107300 509CBP0184 T5365A Quantar
Radio Channel RA107301 525CBP0120 T5770A Comparator
Radio Channel RA107302 525CBP0121 T5770A Comparator
Radio Channel RA107303 525CBP0122 T5770A Comparator
Radio Channel RA107304 524SBN0101 F2048A Astro DIU 3000 Radio Channel RA107305 524SBN0102 F2048A Astro DIU 3000 Radio Channel RA107307 B24A0400 TSU600E TSU 600
Radio Channel RA107308 A24D3615 TSU600E TSU 600
Radio Channel RA107310 525CBP0227 T5770A Comparator
Radio Channel RA107311 525CBP0228 T5770A Comparator
Radio Channel RA107312 525CBP0229 T5770A Comparator
Radio Channel RA107314 524SBQ0013 F2048A Astro DIU 3000 Radio Channel RA107450 B46B9822 1202076L1 TSU 600
Radio Channel RA107451 B48C0799 1280003L2 Tracer 2603
Radio Channel RA107452 B04F5213 1280005L2 TSU 100
Radio Channel RA107453 509CCD0189 TLN3375A EXCITER
Radio Channel RA107454 509CCD0190 TLN3446A Unknown
Radio Channel RA107509 B48C0757 1280003L2 Tracer 2603
Radio Channel RA107510 B32B8011 1280580L1 Tracer 3200
Radio Channel RA107511 B48C0759 1280003L2 Tracer 2603
Radio Channel RA107512 C03D3962 1280580L1 Tracer 3200
Radio Channel RA107514 524SCL0021 F2048A Astro DIU 3000 Radio Channel RA107516 524SCL0023 F2048A Astro DIU 3000 Radio Channel RA107517 743CCK0000 T5589A AstroTac 3000
Radio Channel RA107518 743CCK0001 T5589A AstroTac 3000
Radio Channel RA107519 743CCK0002 T5589A AstroTac 3000
Radio Channel RA107520 743CCK0003 T5589A AstroTac 3000
Radio Channel RA107521 743CCK0004 T5589A AstroTac 3000
Radio Channel RA107522 743CCK0005 T5589A AstroTac 3000
Radio Channel RA107523 743CCK0006 T5589A AstroTac 3000
Radio Channel RA107524 743CCK0007 T5589A AstroTac 3000
Radio Channel RA107525 743CCK0008 T5589A AstroTac 3000
Radio Channel RA107526 509CCK0122 T5365A REPEATER
Radio Channel RA107527 525CCK0051 T5770A Comparator
Radio Channel RA107528 525CCK0052 T5770A Comparator
Radio Channel RA107529 525CCK0053 T5770A Comparator
Radio Channel RA107538 C14C6789 TSU600E TSU 600
Radio Channel RA107539 C14C6782 TSU600E TSU 600
4 ATTACHMENT A
274
EXHIBIT 1B
Asset Type Asset Tag SerialNumber Model Make
Radio Channel RA107550 404CCK0087 B1825AA CEB Board, Compactor Radio Channel RA107551 404CCK0085 B1825AA CEB Board, Compactor Radio Channel RA107552 404CCK0086 B1825AA CEB Board, Compactor Radio Channel RA107554 C20D7571 TSU600E TSU 600
Radio Channel RA107555 M0993904 201-901360-109 MicroWave Radio Channel RA107556 C20D7576 TSU600E TSU 600
Radio Channel RA107557 M0993907 201-901360-109 MicroWave Radio Channel RA107560 680CDH0001 T5365A REPEATER
Radio Channel RA107562 QS10025930 8202 Quintron T1 APS
Radio Channel RA107563 QS10025931 8202 Quintron T1 APS
Radio Channel RA107584 13534-001 TDF6980A
Radio Channel RA107936 743CFB0018 T5589A AstroTac 3000
Radio Channel RA107937 743CFB0019 T5589A AstroTac 3000
Radio Channel RA107938 743CFB0020 T5589A AstroTac 3000
Radio Channel RA107939 743CFB0021 T5589A AstroTac 3000
Radio Channel RA107940 743CFB0022 T5589A AstroTac 3000
Radio Channel RA107941 743CFB0023 T5589A AstroTac 3000
Radio Channel RA108263 525CFM0051 T5770A Comparator
Radio Channel RA108569 F A44D2290 TSU 100
Radio Channel RA108570 F A44D2416 TSU 100
Radio Channel RA108571 98102 Model 6 Zetron Model 6
Radio Channel RA108863 448CHM0016 T5365 Quantar
Radio Channel RA108870 3361 9183 NetClock GPS
Radio Channel RA108871 2401 9183 NetClock GPS
Radio Channel RA109314 A0075471 201-902505-501 Truepoint 5000 Radio Channel RA109315 A0075441 201-902505-501 Truepoint 5000 Radio Channel RA109338 743CLV0002 T5589A AstroTac 3000
Radio Channel RA109339 743CLV0003 T5589A AstroTac 3000
Radio Channel RA109340 743CLV0004 T5589A AstroTac 3000
Radio Channel RA109341 743CLV0005 T5589A AstroTac 3000
Radio Channel RA109342 743CLV0006 T5589A AstroTac 3000
Radio Channel RA109343 743CLV0007 T5589A AstroTac 3000
Radio Channel RA109344 743CLV0008 T5589A AstroTac 3000
Radio Channel RA109345 743CLV0009 T5589A AstroTac 3000
Radio Channel RA109346 743CLV0010 T5589A AstroTac 3000
Radio Channel RA109347 743CLV0011 T5589A AstroTac 3000
Radio Channel RA109348 743CLV0013 T5589A AstroTac 3000
Radio Channel RA109349 743CLV0012 T5589A AstroTac 3000
Radio Channel RA109471 2316972B FLX12084133 Aviant
Radio Channel RA109472 Micro Rectifier Panel Sageon
Radio Channel RA109473 Part # 268-009-075-4 T1 Switch
Radio Channel RA109474 LBADTN1143AD790 Atlas 5550 Base Atlas 5550 Radio Channel RA109475 2316972A FLX12084133 Aviant
Radio Channel RA109476 Micro Rectifier Panel Sageon
Radio Channel RA111277 17173 500.9285 ICRI-E
Radio Channel RA111621 877CWD0387 T8259A 4000T SERIES
Radio Channel RA111622 877CWD0383 T8472A ARUBA 2930F
Radio Channel RA111623 877CWD0382 T8472A ARUBA 2930F
Radio Channel RA111624 877CWD0384 T8472A ARUBA 2930F
Radio Channel RA111625 877CWD0358 T8586A FORTIGATE 101E Radio Channel RA111626 877CWD0379 T7577A GGM 8000
Radio Channel RA111627 877CWD0380 T7577A GGM 8000
5 ATTACHMENT A
275
EXHIBIT 1B
Asset Type Asset Tag SerialNumber Model Make
Radio Channel RA111628 877CWD0360 T8586A FORTIGATE 101E Radio Channel RA111629 877CWD0359 T8586A FORTIGATE 101E Radio Channel RA111630 877CWD0385 CLN1868A ARUBA 2930F
Radio Channel RA111631 877CWD0363 T8493A SRX1500
Radio Channel RA111632 877CWD0362 T8493A SRX1500
Radio Channel RA111633 877CWD0373 T8513A ARUBA 2930F 48 Radio Channel RA111634 877CWD0374 T8513A ARUBA 2930F 48 Radio Channel RA111635 877CWD0386 DAZ
Radio Channel RA111636 877CWD0365 T8662A HP VMS
Radio Channel RA111637 877CWD0366 T8662A HP VMS
Radio Channel RA111638 877CWD0369 T8616A CEN ENBLMNT 01 Radio Channel RA111701 761CRM0151 L30SSS9PW1AN APX 7500 Consolette Radio Channel RA111873 443CXB0578 B1933A Motorola
Radio Channel RA111874 443CXB0580 B1933A Motorola
Radio Channel RA111875 443CXB0579 B1933A Motorola
Radio Channel RA111876 147CXB1378 T7577A Motorola
Radio Channel RA111890 5R3R00FK DSTRAK91008E Prime
Radio Channel RA111891 147CXB1455 T8493A Prime
Radio Channel RA111892 147CXB1454 T8493A Prime
Radio Channel RA111893 147CXB1452 CLN1868A Prime
Radio Channel RA111894 147CXB1453 CLN1868A Prime
Radio Channel RA111895 469SXCT012 F4544A Prime
Radio Channel RA111896 112CWZ2272 T8341A Prime
Radio Channel RA111897 112CXB0019 T8341A Prime
Radio Channel RA111898 112CXB0020 T8341A Prime
Radio Channel RA111899 112CWZ2271 T7321A Prime
Radio Channel RA111900 112CWZ2270 T7321A Prime
Radio Channel RA111901 112CWZ2269 T7321A Prime
Radio Channel RA111902 112CWZ2268 T7321A Prime
Radio Channel RA111903 112CWZ2267 T7321A Prime
Radio Channel RA111904 147CXB1461 T8492A Coronado ESS1
Radio Channel RA111905 147CXB1460 T8492A Coronado ESS1
Radio Channel RA111906 112CWZ2247 T7054A Coronado ESS1
Radio Channel RA111907 112CWZ2274 T7039A Coronado Conv
Radio Channel RA111908 112CWZ2273 T7039A Coronado Conv
Radio Channel RA111909 112CWZ2249 T7054A Coronado ESS 02 Radio Channel RA111910 147CXB1466 T8492A FD CO2 ESS 01
Radio Channel RA111911 147CXB1467 T8492A FD CO2 ESS 01
Radio Channel RA111912 112CWZ2259 T7054A FD CO2 ESS 01
Radio Channel RA111913 469SXCT013 F4544A FD CO2 ESS 02
Radio Channel RA111914 112CWZ2261 T7054A FD CO2 ESS 02
Radio Channel RA111915 112CWZ2277 T7540A FD CO2 CONV RX Radio Channel RA111916 112CWZ2275 T7540A O/G CONV RX
Radio Channel RA111917 469SXCT016 F4544A O/G ESS 02
Radio Channel RA111918 112CWZ2253 T7054A O/G ESS 02
Radio Channel RA111919 147CXB1462 T8492A O/G ESS 01
Radio Channel RA111920 147CXB1463 T8492A O/G ESS 01
Radio Channel RA111921 112CWZ2251 T7054A O/G ESS 01
Radio Channel RA111922 469SXCT017 F4544A BLDG 18 ESS 02 Radio Channel RA111923 112CWZ2265 T7054A BLDG 18 ESS 02 Radio Channel RA111924 147CXB1468 T8492A BLDG 18 ESS 01 Radio Channel RA111925 147CXB1469 T8492A BLDG 18 ESS 01 6 ATTACHMENT A
276
EXHIBIT 1B
Asset Type Asset Tag SerialNumber Model Make
Radio Channel RA111926 112CWZ2263 T7054A BLDG 18 ESS 01 Radio Channel RA111927 112CWZ2278 T7540A BLDG 18 CONV RX Radio Channel RA111928 469SXCT015 F4544A N/E ESS 02
Radio Channel RA111929 112CWZ2257 T7054A N/E ESS 02
Radio Channel RA111930 147CXB1464 T8492A N/E ESS 01
Radio Channel RA111931 147CXB1465 T8492A N/E ESS 01
Radio Channel RA111932 112CWZ2255 T7054A N/E ESS 01
Radio Channel RA111933 112CWZ2276 T7540A N/E CONV RX
Radio Channel RA111934 469SXCT014 F4544A Spares
Radio Channel RA111935 TR2020000037245 DS11011188 POWER DISTRIBUTION UNITS Radio Channel RA111936 TR2020000029138 DS11011188 POWER DISTRIBUTION UNITS Radio Channel RA111937 TR2020000029134 DS11011188 POWER DISTRIBUTION UNITS Radio Channel RA111938 TR2020000029136 DS11011188 POWER DISTRIBUTION UNITS Radio Channel RA111939 TR2020000029131 DS11011188 POWER DISTRIBUTION UNITS Radio Channel RA63318 273CDS0085 T1786B Comparator
Radio Channel RA70853 273CFE0048 C04RTB3108 Spectratac Rx Radio Channel RA72663 201CFN0231 C64RCB3106BT REPEATER
Radio Channel to be assigned 729CLV0029 CLN1493A FRU Wireline Bd Radio Channel to be assigned 729CLV0028 CLN1493A FRU Wireline Bd Radio Channel to be assigned 509CLV1199 TLN3265A FRU Astro Modem Radio Channel to be assigned 509CLV1198 TLN3265A FRU Astro Modem Radio Channel to be assigned 509CLV1197 TLN3265A FRU Astro Modem Radio Channel to be assigned 509CLV1196 TLN3265A FRU Astro Modem 7 ATTACHMENT A
277
EXHIBIT 2
Site Name Address Owner Trunk System Site Microwave Site Prime Site Fire Station 12 4010 E MAIN ST City of Stockton
Fire Station 2 110 W SONORA STREET City of Stockton x x NE Tower (Morada) 2960 MORADA LANE City of Stockton x x SEB Tower 222 E WEBER AVE City of Stockton x x
Stockton Police Department 22 E MARKET ST City of Stockton x Coronado Tower 4210 CORONADO AVE SBA x x
Building 18 7000 N MICHAEL CANLIS BLVD SJ County x x
Lincoln Village Water Tower 3040 W BENJAMIN HOLT DRIVE SJ County Oak Grove Park 4520 W EIGHT MILE RD SJ County x x
SJ County Courthouse 180 E WEBER AVE State of California

ATTACHMENT A
278
City of Stockton
Legislation Text
File #: 24-0912, Version: 1
ADOPT A RESOLUTION TO AWARD A CONSTRUCTION CONTRACT TO HOWK SYSTEMS, INC.

FOR ELECTRICAL UPGRADES AT SOUTH STOCKTON SYSTEM GROUNDWATER WELLS

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

1. Approve the filing of Notice of Exemption under the California Environmental Quality Act (CEQA) for the Electrical Upgrades of Groundwater Wells Project No. UH22004.

2. Approve the plans and specifications for the Electrical Upgrades of South Stockton System (SSS) Groundwater Wells No. SSS3 and SSS9, Project No. UH22004.

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

Summary
The Municipal Utilities Department (MUD) South Stockton System (SSS) groundwater wells SSS3 and SSS9 currently operate using electric motor driven pumps. To improve reliability and maintain the continued operation during power outages or other emergencies, it is necessary to install backup power systems at both well sites.

If approved, this action will award a construction contract to Howk Systems, Inc., in the amount of $754,717, to install two (2) emergency standby engine generators and complete other improvements.

DISCUSSION
Background
As listed in the most recent MUD Water Utility Master Plan and Urban Water Management Plan, there are two drinking water supply sources for the South Stockton System (SSS), including potable water purchased from Stockton East Water District and groundwater wells.

Wells SSS3 and SSS9 were installed in 1996 and 2002, respectively. To improve reliability and maintain the continued operation of these groundwater wells during power outages or other emergencies, it is necessary to install standby engine generators.

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On January 20, 2023, the City hired HCS Engineering, Inc. to complete the design and prepare plans and specifications for the installation of two (2) emergency standby engine generators at the well sites. Plans include other improvements like new security fencing, gates, a concrete driveway, and sidewalk.

Present Situation
On April 18, 2024, MUD advertised the project in the Stockton Record and posted it to the City’s Bid Flash webpage. Additionally, a notice with a brief project description was sent to over 150 contractors holding a Class “A” or C-10 license.

A non-mandatory pre-bid meeting was held on May 2, 2024, with six (6) prospective bidders in attendance. On Thursday, May 23, 2023, six (6) sealed bids were officially received and publicly opened by the City Clerk with the following results:

Company Location Total Bid Amount
Lords Electric Inc. Sacramento, CA $1,335,000.00
CWS Construction Group, Inc. Novato, CA $1,285,000.00
Saboo Inc. Brentwood, CA $1,183,000.00
Aria Electric & Construction Orangevale, CA $890,000.00 Days Generator Service, Inc. Brentwood, CA $824,000.00
Howk Systems, Inc. Modesto, CA $754,717.00
Engineer’s Estimate $401,583.60
The bid submitted by Howk Systems, Inc. is the lowest responsive bid and regular in all aspects. In addition, Howk Systems, Inc. has the proper licenses to perform the work.

Staff recommend that the City Council award a construction contract to Howk Systems, Inc. in the amount of $754,717.

Local Employment Ordinance
The contract amount is over $100,000 and subject to the Local Employment Ordinance in accordance with Stockton Municipal Code (SMC) section 3.68.095, which requires that “all City contracts for public works or improvements of estimated value or City subsidy of $100,000 or more shall contain provisions pursuant to which the contractor promises to make a good faith effort, with the assistance of local labor union hiring halls or community organizations designated by the City to employ qualified individuals who are, and have been for one year prior to the effective date of the contract, residents of Stockton in sufficient numbers so that no less than 50 percent of the contractor’s total construction workforce, including any subcontractor workforce, measured in labor work hours, is comprised of Stockton residents.”
The Local Preference Ordinance, SMC 3.68.095, which states that “preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality City of Stockton Printed on 9/26/2024Page 2 of 3
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and price being equal,” does not apply to the project because all bidders are located outside of San Joaquin County.

Community Workforce and Training Agreement
The project is under $1,000,000 and not subject to the Community Workforce and Training Agreement.

Environmental Clearance
This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under Article 19, Section 15302, Class 2 (c) of the CEQA guidelines as it involves the replacement or reconstruction of an existing public facility where the new structure will be located on the same site and will have substantially the same purpose and capacity as the structure replaced.

In addition, the proposed project is consistent with Government Code Section 65402 and the 2040 Stockton General Plan (Land Use Policy 6.3), because it improves existing utility services to ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs.

FINANCIAL SUMMARY
There are sufficient funds available in the Water Capital Improvements Account to award a Construction Contract in the amount of $754,717 to Howk Systems, Inc. of Modesto, CA, for the Electrical Upgrades of Water Wells No. SSS3 and SSS9, Project No. UH22004.

There is no impact to the City’s General Fund or any other unrestricted fund from this action.

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION A PPROVING THE FILING OF A NOTICE OF EXEMPTION ,

APPROVING THE PROJECT PLANS AND SPECIFICATIONS , AND AWARDING A CONSTRUCTION CONTRACT TO HOWK SYSTEMS, INC. FOR ELECTRICAL

UPGRADES AT SOUTH STOCKTON SYSTEM GROUNDWATER WELLS

The Municipal Utilities Department (MUD) South Stockton System (SSS) groundwater wells SSS3 and SSS9 currently operate with electric motor driven pumps; and

To maintain the continued operation of groundwater wells SSS3 and SSS9, it is necessary to install backup power systems; and

On May 23, 2024, City staff received sealed bids for the Electrical Upgrades at Groundwater Wells No. SSS3 and SSS9, Project No. UH22004, and Howk Systems, Inc., of Modesto, CA, was determined to be is the lowest responsible bidder; and

Staff recommends the City Council award a construction contract in the amount of $754,717 to Howk Systems, Inc. for electrical and other upgrades at groundwater wells SSS3 and SSS9, Project UH22004; now, therefore,

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

1. The filing of a Notice of Exemption under CEQA for the Electrical Upgrades of Groundwater Wells Project (Project No. UH22004) is approved.

2. The project Plans and Specifications for the Electrical Upgrades of Groundwater Wells No. SSS3 and SSS9 (Project No. UH22004) are approved.

3. The City Manager is authorized to execute a construction contract with Howk Systems Inc. , of Modesto, California, in the amount of $ 754,717 for Electrical Upgrades of Groundwater Wells SSS3 and SSS9 (Project No. UH22004), a copy of which is attached as Exhibit 1 and incorporated by this reference.

4. The City Manager or his designee is authorized and directed to execute all documents, including but not limited to, agreements and amendments.

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

PASSED, APPROVED, and ADOPTED 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

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CONSTRUCTION CONTRACT
FOR ELECTRICAL UPGRADES OF WATER WELLS NO. SSS #3 AND SSS #9 This contract is made and entered into on _____________, by and between HOWK SYSTEMS, INC. a STATE OF CALIFORNIA CORPORATION , with a business address at 1825 YOSEMITE BLVD MODESTO, CA 95354 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications
for the construction of ELECTRICAL UPGRADES OF
WATER WELLS NO. SSS #3 AND SSS #9 (PROJECT NO. UH22004) , hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

NOW, THEREFORE , in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, material s, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________ . The "contract documents," which include the bid document s, project plans, specific ations, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, material s, tools, and equipment nece ssary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of M unicipal Utilities department of the City of Stockton.

Total compensation for services and reimbursement fo r costs shall not exceed $754,717, or as otherwise mutually agreed to in a Contract Change Order.

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

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

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

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

EXHIBIT 1
ELETRICAL UPGRADES OF WATER WELLS NO. SSS #3 AND SSS #9 PROJECT NO. UH22004

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City Council and Concurrent AuthoritiesOctober 1, 2024

City Council and Concurrent Authorities
October 1, 2024