City Council and Concurrent Authorities
November 12, 2024

Thank you for the opportunity to provide you with the following proposal. Pacific Lift and Equipment Co. proposes to furnish the equipment and installation services as described in this agreement.

SCOPE OF WORK SECTION:
• Take down, package for transport, and leave on-site defunct four-post lift. Drive-down/cut anchors flush to floor. Terminate/stage electrical for future lift installation. All waste oil to remain onsite. • Take down, move over, and reinstall (1) Rotary SPOA10N8GO / S#DJQ21L0233 two-post above ground lift. Drive-down/cut anchors flush to floor. Terminate/stage electrical for future lift installation.

Anchor lift using two-part chemical epoxy and threaded rod.

Connect and wire to existing overhead electrical.
• Take delivery of and install (1) SP016 (provided by others) in now open bay (where SPOA10 was previously installed). Anchor lift per City Of Stockton provided engineering detail, including two-part chemical epoxy and threaded rod if required. Connect to existing/staged overhead electrical. Run approximately six feet of poly air tubing for air latch release, and connect to existing overhead valve.

Furnish hydraulic fluid.
• Take delivery of and install (1) SP016 (provided by others) in rear shop. Anchor lift per City Of Stockton provided engineering detail, including two-part chemical epoxy and threaded rod if required. Run approximately forty feet of new electrical conduit back to junction box, wire lift. Run approximately twelve feet of poly air tubing for air latch release, and connect to existing overhead valve. Furnish hydraulic fluid.
• Take delivery of and provide setup and training for two-sets of (6) Rotary Mobile Column Lifts, (12) total (provided by others).
• Provide maintenance, ALI inspections, repair, and/or service, parts included, up to $2500 per MCH418U101 Mobile Column or combined $10,000 total.
61 WEST MOUNTAIN STREET - PASADENA, CALIFORNIA 91103-3030 - {626) 797-4100 - FAX {626) 797-8865 California license No. 372983 - Neveda license No. 0037980 - Arizona license No. 07616324N

ATTACHMENT A
1579
EXCLUSIONS AND CLAUSES SECTION:

Efl.UIPMENTlilJ:�PA

JIACIFIC LIFT AND
NY
• No permits or permit handling; all applicable permits to be obtained by others.

• No seismic, structural or engineering calculations included. If required, calculations are to be billed for as an extra charge.
• No reinforcement of existing concrete slab for equipment loading or anchoring. • No permits or permit handling; all applicable permits to be obtained by others. • No seismic, structural or engineering calculations included. If required, calculations are to be billed for as an extra charge.
• No reinforcement of existing concrete stab for equipment loading or anchoring. • No bid, performance and/or payment bonds.
• No repair, refurbishing, or cleaning of existing equipment unless specifically outlined in the installation section.
• No removal of existing utilities (air lines, water line, oil lines, plumbing brackets, trapeze, and related work) unless otherwise specified .
•
Pacific Lift will perform the installation scope following accepted construction practices, However we assume no liability for damage to unforeseen electrical conduits, communication cabling or piping in the customers building or property. (If customers have known obstructions we can hire a GPRS ground penetrating radar service before we perform the work described, the request must be made in writing and the additional expenses are to be billed to the job as an extra) NOTES SECTION:
• All required rental equipment is included within labor totals • Prevailing Wage Rate Included.
61 WEST MOUNTAIN STREET - PASADENA, CALIFORNIA 91103-3030 - {626) 797-4100 - FAX (626) 797-8865 California license No. 372983 - Neveda License No. 0037980 - Arizona license No. 07616324N

ATTACHMENT A
1580
SUMMARY SECTION:
llACIF/C LIFT AND
EI/.UIPMENTlifl�'fJANY
INSTALLATION ............................................................................................................................ .

MOBILE COLUMN REPAIRS (MCH418U101) ........................................................................... .

-----
TOTAL ........................................................................................................................................ ..

REIMBURSABLE EXPENSES SECTION: None, permitting provided by others.

The following costs are reimbursable expenses which are not included in the project total. For budgetary purposes and your convenience we have provided estimated costs based on past project history, however, the actual costs incurred will be invoiced progressively with 15% markup for handling.

ESTIMATED SEISMIC CALCULATIONS ....................................................................................... $ ESTIMATED SPECIAL INSPECTION ............................................................................................ $ PERMIT FEES ............................................................................................................................... --'----- $ PERMIT PACKAGE TOTAL $
PERMIT FEES: None, permitting provided by others.

Pacific Lift and Equipment Co. shall apply for the installation permits specifically listed in the Scope Of Work section of this proposal/ sales agreement and prepay on your behalf. All permit fees, handling fees, and rush charges will be invoiced progressively with 15% mark up for handling. 61 WEST MOUNTAIN STREET - PASADENA, CALIFORNIA 91103-3030 - (626) 797-4100 - FAX (626) 797-8865 California license No 372983 - Neveda License No 0037980 - Arizona License No. 07616324N

ATTACHMENT A
1581
TERMS AND CONDITIONS SECTION:
• Invoices are due: Net 10 days.

JIAC/F/C LIFT ANO
Efl.U/PMENTlJfc':'PANY

• Payments made by credit card are subject to a 3% processing fee which may be subject to sales tax. • Purchaser agrees to pay 11/2% per month on invoice amounts over 30 days past due. In the event of delinquency, the purchaser agrees to pay Pacific Lift's collection expenses including attorney's fees and court costs.
• Pacific Lift and Equipment Co. retains collateral interest on equipment and installation until paid in full. • No order once shipped by the seller may be cancelled or altered by the buyer without the seller's written consent. Cancelled or altered orders are subject to a cancelation or alteration fee assessed by the seller. • Return shipments will not be accepted without written authorization from the seller or manufacturer point of origin. Returned merchandise is subject to a minimum 20% handling and restocking fee, costs associated with refurbishing merchandise if necessary, and repackaging cost. Buyer is responsible for all original transportation costs as well as prepaid return freight. Special order items are non-returnable. • All materials delivered to the job-site become the responsibility of the purchaser and owner. Any replacement of stolen property will be at the purchaser and owner's expense. • All warranties shall be administered and authorized by the manufacturer per their published warranty policy documents. Pacific Lift and Equipment Co.'s workmanship has a warranty period of (1) year. • The purchaser acknowledges that they have read, understand, accept, and agree to the specifications, exclusions, terms of payment, and conditions specified in this proposal / sales agreement. • This proposal is valid for a period of (5) days from the proposal/ sales agreement date.

If you are in agreement with this proposal/ sales agreement please sign and scan to [email protected]
Thank you,
Adam Newcomb
Pacific Lift and Equipment Co.
61 WEST MOUNTAIN STREET - PASADENA, CALIFORNIA 91103-3030 - {626) 797-4100 - FAX (626) 797-8865 California License No. 372983 - Neveda License No. 0037980 - Arizona License No. 07616324N

ATTACHMENT A
1582
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROPRIATING FUNDS, APPROVING FINDINGS, AND

APPROVING A COOPERATIVE PURCHASING AGREEMENT FOR THE PURCHASE

OF VEHICLE LIFTS UTILIZED BY THE PUBLIC WORKS DEPARTMENT The National Association of State Procurement Officials (NASPO) ValuePoint is a non-profit association dedicated to advancing public procurement to simplify the procurement process for public agencies and take advantage of volume purchasing by issuing Cooperative Purchasing Agreements (COOPs). The use of these contracts is optional and is available to California State and local government agencies; and NASPO ValuePoint has a contract with Vehicle Service Group, LLC for preferential pricing of vehicle lifts and garage associated equipment. The specifications for the equipment through the NASPO ValuePoint contract meets the City’s requirements for this type of equipment; and
The Cooperative Purchasing Agreement that includes Pacific Lift and Equipment Company, Inc. and other vendors was established pursuant to a formal competitive bidding process conducted by NASPO ValuePoint on behalf of its governmental members, of which the City is one; and
Appropriation from the Fleet Internal Service Fund Balance to the Fiscal Year 2024-25 Fleet Internal Service Fund, Equipment Acquisition Account in necessary to ensure adequate funds are available for the purchase of two portable 6-column lifts, two 2-post symmetric lifts, and two remote controls and dock kits; now, therefore,

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

1. The City Council approves the appropriation of funds in the amount of $286,689.32 from the Fleet Internal Service Fund Balance to the Fiscal Year 2024-25 Fleet Internal Service Fund, Equipment Acquisition Account.

2. The City Council approves findings pursuant to Stockon Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process.

These findings include:
a. NASPO ValuePoint established a COOP with Vehicle Service Group, LLC for the purchase of two portable 6-column lifts, two 2-post symmetric lifts, and two remote controls and dock kits. b. The Vehicle Service Group, LLC COOP was established pursuant to formal competitive bidding processes conducted by NASPO ValuePoint on behalf of its governmental members, of which the City is one. 1583
c. Taking advantage of the leveraged procurement agreement negotiated by NASPO ValuePoint will save the administrative expense of City staff conducting a separate procurement.
d. The specifications for the replacement equipment available through the NASPO ValuePoint contract meets the City’s requirements for their equipment type.

3. The City Council approves the use of a COOP through the NASPO ValuePoint Cooperative Purchasing Program, Master Agreement CW7254, in the amount of $286,689.32 to provide the City access to preferential pricing of vehicle lifts and garage associated equipment from Vehicle Service Group, LLC.

4. The City Council authorizes the City Manager to execute a contract in the amount of $286,689.32 with Vehicle Service Group, LLC through affiliated vendor, Pacific Lift and Equipment Company, Inc. of West Sacramento, CA, for the purchase of two portable 6-column lifts, two 2-post symmetric lifts, and two remote controls and dock kits, a copy of which is attached as Exhibit 1 and is incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED November 12, 2024 .

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

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
1584
1 (Rev. 9.30.22)

COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:

1. Cooperative/Piggyback
Name:

National Association of State Procurement Officials
(NASPO) ValuePoint

2. Contractor: Pacific Lift and Equipment Company Inc.

3. Cooperative Agency
Agreement Name and
Agreement Number:

Vehicle Service Group, LLC, vehicle lifts and
garage associated equipment, Master Agreement
CW7254

4. Cooperative Agency Initial
Agreement Term:

Start Date: July 11, 2023
End Date: March 31, 2028

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

N/A

6. Cooperative Agency
Amended Term:

N/A

7. Cooperative Agency
Remaining Options to
Renew:

N/A

8. City of Stockton
Cooperative Purchase
Agreement Term:

Start Date: Upon Execution
End Date: March 31, 2028

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

Not to Exceed $286,689.32 for the term of the
Agreement.

AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced Vehicle Service Group, LLC, vehicle lifts and garage associated equipment, Master Agreement CW7254 (“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).

Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card
EXHIBIT 1
1585
2 (Rev. 9.30.22)
(credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.

1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through March 31, 2028, unless terminated earlier by the City. If the Cooperative/Piggyback Agency extends the COOP with Contractor by a written amendment, the City has the option to extend the term of this Agreement by written amendment not to go beyond the term stated in the COOP fully executed amendment.

2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.

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

3. Compensation: City and Contractor do hereby enter into this Agreement for vehicle lifts available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor during the term of this Agreement exceed $ 286,689.32 for the purchase of two portable 6-column lifts, two 2-post symmetric lifts, and two remote controls and dock kits. Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.

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

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

EXHIBIT 1
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3 (Rev. 9.30.22)
This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.

CITY OF STOCKTON PACIFIC LIFT AND EQUIPMENT CO., INC.

By: __________________________
Harry Black, City Manager Signature
Date:____________________
____________________________
Print name
ATTEST: Title: ________________________
____________________________ [If Contractor is a corporation, signatures must Katherine Roland CMC, CPMC, Interim City Clerk comply with Corporations Code §313] APPROVED AS TO FORM:

By: __________________________
___________________________ Signature
Lori Asuncion, City Attorney
__________________________
Print name
Title: _______________________
EXHIBIT 1
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4 (Rev. 9.30.22)

EXHIBIT A
EXHIBIT 1
1588

STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-23-99-48-02

VEHICLE LIFTS AND GARAGE ASSOCIATED EQUIPMENT
Louisiana NASPO ValuePoint Master Agreement Number CW7254 Vehicle Service Group, LLC (Contractor)
This Participating Addendum Number 7-23-99-48-02 is entered into between the State of California, Department of General Services (hereafter referred to as “State” or “DGS”) and Vehicle Service Group, LLC (hereafter referred to as “Contractor”) under the lead state of Louisiana NASPO ValuePoint Master Agreement Number CW7254.

1. SCOPE
A. This Participating Addendum covers the purchase of products and services under the Louisiana NASPO ValuePoint Master Agreement. The Louisiana NASPO ValuePoint Master Agreement is hereby incorporated by reference.

Product/service categories included under this Participating Addendum are identified in Section 5 (Available Products and Services).

B. This Participating Addendum is available for use by California state agencies and local governments. A local government is defined as any city, county, city and county, district, or other local governmental body, school district or corporation empowered to expend public funds. The State Agency Listing (https://www.ca.gov/agenciesall/) provides a comprehensive list of state agencies.

C. Each local government is to make its own determination whether this Participating Addendum and the Louisiana NASPO ValuePoint Master Agreement are consistent with its procurement policies and regulations.

2. TERM
A. The term of this Participating Addendum shall begin upon signature approval by the State and will end March 31, 2028, or upon termination by the State, whichever occurs first.

B. Lead state amendments to extend the NASPO ValuePoint Master Agreement term date are not automatically incorporated into this Participating Addendum.

Extension(s) to the term of this Participating Addendum will be through a written amendment upon mutual agreement between the State and the Contractor.

C. Order placement and execution shall be on or before the expiration of this Participating Addendum. However, delivery of products or completion of services may be up to 120 days after the current Participating Addendum expiration date.

EXHIBIT 1
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Participating Addendum 7-23-99-48-02

3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS
A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum. 1) General Provisions (GSPD401Non-IT Commodities) effective 6/21/2022 B. Terms can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-DivisionResources-List-Folder/Required-Language-for-Solicitations-and-Contracts).

4. ORDER OF PRECEDENCE
A. In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply:
1) California Participating Addendum Number 7-23-99-48-02 2) Louisiana NASPO ValuePoint Master Agreement Number CW7254

5. AVAILABLE PRODUCTS AND SERVICES
A. The following product and service offerings from the Louisiana NASPO ValuePoint Master Agreement Number CW7254 are allowed under this Participating Addendum:
1) Vehicle Lifts
2) Garage Associated Equipment

6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES (STATE

AGENCIES ONLY)
A. The following restrictions apply to state agency purchases under this Participating Addendum.
1) Equipment Leasing and Rental
a. State agencies must use Golden State Financial Marketplace (GS $Mart) or Lease $Mart for equipment leasing and rental.

B. Product and service categories that are available on mandatory California statewide contracts cannot be purchased from this Participating Addendum by state agencies without an exemption. State agencies are responsible for obtaining a mandatory statewide contract exemption from DGS prior to issuing a purchase order.

C. Services that fall within the definition of “public works” as defined in Public Contract Code section 1101 and Labor Code section 1720 are disallowed under EXHIBIT 1
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Participating Addendum 7-23-99-48-02

this Participating Addendum and must be procured by alternate means. This restriction is not applicable to local governments.

7. PRICING
A. Contractor’s approved NASPO ValuePoint Price List identifies product and services pricing.

B. Pricing shall not be adjusted to include State administration fees.

C. Contractor is responsible for providing the State Contract Administrator any revisions to Contractor’s NASPO ValuePoint Price List approved by the lead state in writing.

D. Contractor shall not add new categories or groups of equipment or services under this Participating Addendum that were not originally included in the NASPO ValuePoint Master Agreement unless approved by the lead state of Louisiana.

E. Approved NASPO ValuePoint Price List will be posted on the NASPO ValuePoint website.

8. AUTHORIZED RESELLERS
Authorized Resellers will not be used for this Participating Addendum.

9. SUBCONTRACTORS
A. Nothing contained in this Participating Addendum or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor.

B. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted except for subcontractors listed on the Bidder Declaration (GSPD-05-105) provided to ordering agencies at the time an order is quoted.

C. As the prime Contractor, Contractor is responsible for reports and fees required by the terms and conditions of the NASPO ValuePoint Master Agreement and Participating Addendum.

EXHIBIT 1
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Participating Addendum 7-23-99-48-02

D. Any subcontract in excess of $25,000, entered into as a result of this Participating Addendum, shall contain all the provisions stipulated in this Participating Addendum to be applicable to subcontractors.

10.ORDERING AGENCY RESPONSIBILITIES
A. State agency and local government use of this Participating Addendum is optional.

B. State agencies and local governments must follow the ordering procedures outlined within the User Instructions guide, administered by the State Contract Administrator, to execute orders against this Participating Addendum. User Instructions are posted on the State’s Cal eProcure website.

C. All purchase orders executed under this Participating Addendum shall include the Participating Addendum Number 7-23-99-48-02.

11. STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC)
A. State agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign (SABRC) per Public Contract Code sections 12200-12217.

B. Contractor will be required to complete and return a Postconsumer RecycledContent Certification form (https://calrecycle.ca.gov/buyrecycled/stateagency/vendored/form74guide/) upon request by the state agency.

12.DELIVERY
A. Delivery shall occur within 120 days after receipt of order, or as negotiated between ordering agency and Contractor and included in the purchase order, or as otherwise stipulated in the NASPO ValuePoint Master Agreement.

B. Deliveries within the contiguous United States will be Free On Board (F.O.B.) Destination, freight prepaid, with all transportation and handling charges paid by the Contractor to the ordering agency’s receiving point. All deliveries to Alaska, Hawaii, US territories, or other offshore agencies shall be F.O.B., freight pre-paid to the nearest port of embarkation.

13. INVOICING AND PAYMENT
A. Payment will be made in accordance with Non-IT Commodities General Provisions Paragraph 30 (Required Payment Date).

B. Invoices shall be sent to the address identified in the ordering agency’s purchase order. The Participating Addendum Number and ordering agency purchase order EXHIBIT 1
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Participating Addendum 7-23-99-48-02

number shall appear on each invoice for all purchases placed under this Participating Addendum.

C. Contractor will accept the State of California credit card (CAL-Card) for payment of invoices.

14. USAGE REPORTING
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template attached hereto as Attachment A. The report is due even when there is no activity.

B. The State Contract Administrator reserves the right to modify Attachment A and require Contractor to provide additional order information during the course of this Participating Addendum.

C. The report shall be an Excel spreadsheet transmitted electronically to the DGS Cooperatives mailbox ([email protected]).

D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five (5) business days of the date of written notification from the State.

E. Tax must not be included in the report, even if it is on the purchase order.

F. Reports are due for each quarter as follows:

Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this Participating Addendum.

H. Time extensions may be approved only if all due reports have been submitted to the State.

15. ADMINISTRATIVE FEE
A. Contractor is required to remit to DGS an administrative fee amount equal to

1.25% of the sales for the quarterly reporting period less freight, taxes, returned products and credits. (For example, if the net sales for the reporting quarter totals $100,000.00, the incentive fee due to DGS would be $1,250.00.) EXHIBIT 1
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Participating Addendum 7-23-99-48-02

B. The administrative fee shall not be included as an adjustment to Contractor’s NASPO ValuePoint Master Agreement pricing.

C. The administrative fee shall not be invoiced or charged to the ordering agency.

D. Payment of the administrative fee is due irrespective of payment status from ordering agencies.

E. Payment may be made in the form of an electronic payment using the LPA Payment Portal website (https://www.dgs.ca.gov/PD/Services/PageContent/Procurement-Division-Services-List-Folder/Access-LPA-Payment-Portal) or by submitting a check payable to the State of California, Department of General Services.

F. Administrative fee payments made by check must include the Participating Addendum Number on the check and be submitted to the following address:

Department of General Services
Procurement Division
Attn: MAPS Payment Processing
707 Third Street, 2nd Floor
West Sacramento, CA 95605
G. Administrative fee payments are due for each quarter as follows:

Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this Participating Addendum.

16.CONTRACT MANAGEMENT
A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:

Contractor Contract Manager
Name: Kathy Brown
Phone: (812) 269-7316
Fax: N/A
Email: [email protected]
EXHIBIT 1
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Participating Addendum 7-23-99-48-02

Contractor Contract Manager
Address: Vehicle Service Group, LLC
Attn: Kathy Brown
2700 Lanier Drive
Madison, IN 47250
B. The State Contract Administrator for this Participating Addendum shall be as follows:

State Contract Administrator
Name: Maureen Seiferling
Phone: (279) 946-8226
Email: [email protected]
Address: State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C. Should the contact information for either party change, the party will provide written notice with updated information no later than ten (10) business days after the change.

17. TERMINATION OF AGREEMENT
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible, and intangible, as may facilitate the orderly, non-disrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.

18.AMENDMENT
No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties.

EXHIBIT 1
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Participating Addendum 7-23-99-48-02

19. NEWS RELEASES
Unless otherwise exempted, news releases, endorsements, advertising, and social media content pertaining to this Participating Addendum shall not be made without prior written approval from the State.

20. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Participating Addendum. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.

21. AGREEMENT
A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations, or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms.

B. By signing this Participating Addendum, Contractor agrees to offer the same products/services available on the Louisiana NASPO ValuePoint Master Agreement Number CW7254, at prices equal to or lower than the prices on that agreement.

EXHIBIT 1
1596
Participating Addendum 7-23-99-48-02

IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

STATE OF CALIFORNIA
Department of General Services

CONTRACTOR
Vehicle Service Group, LLC
Agency Name Contractor Name
Authorized Signature Date Signed Authorized Signature Date Signed Julie Matthews, MAU2 Supervisor Tim Vaughan, Vice-President, Sales Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street
West Sacramento, CA 95605
2700 Lanier Drive
Madison, IN 47250
Address Address
EXHIBIT 1
1597
Participating Addendum 7-23-99-48-02

Attachment A
EXHIBIT 1
1598
Participating Addendum 7-23-99-48-02

EXHIBIT 1
1599
Master Agreement for

VEHICLE LIFTS AND GARAGE ASSOCIATED EQUIPMENT
_________________________________________________________________________________________________________________

Master Agreement Number CW7254
Solicitation Number Doc554414018
Be it known, the State of Louisiana (hereinafter sometimes referred to as "Lead State") and Vehicle Service Group, LLC., 2700 Lanier Dr, Madison, IN 47250 (hereinafter sometimes referred to as "Contractor") do hereby enter into this Master Agreement under the following terms and conditions.

I. Definitions

1.1 Acceptance means acceptance of goods and services as set forth in Section IX of this Master Agreement.

1.2 Contractor means a party to this Master Agreement, whether a person or entity, that delivers goods or performs services under the terms set forth in this Master Agreement.

1.3 Embedded Software means one (1) or more software applications which permanently reside on a computing device.

1.4 Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein.

1.5 Lead State means the State centrally administering any resulting Master Agreement(s) who is a party to this Master Agreement.

1.6 Master Agreement means the underlying agreement executed by and between the Lead State, acting in cooperation with NASPO ValuePoint, and the Contractor, as now or hereafter amended.

1.7 NASPO ValuePoint is a division of the National Association of State Procurement Officials (“NASPO”), a 501(c)(3) corporation. NASPO ValuePoint facilitates administration of the NASPO cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. NASPO ValuePoint is identified in the Master Agreement as the recipient of reports and may perform contract administration functions relating to collecting and receiving reports, as well as other contract administration functions as assigned by the Lead State.

1.8 Order or Purchase Order means any purchase order, sales order, contract or other document used by a Purchasing Entity to order the Products.

1.9 Participating Addendum means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any additional Participating Entityspecific language or other requirements (e.g., ordering procedures specific to the Participating Entity, entity-specific terms and conditions, etc.).

1.10 Participating Entity means a state (as well as the District of Columbia and US territories), city, county, district, other political subdivision of a State, or a nonprofit organization under the laws of some states properly authorized to enter into a Participating Addendum, that has executed a Participating Addendum.

1.11 Participating State means a state that has executed a Participating Addendum or has indicated an intent to execute a Participating Addendum.

1.12 Product or Products and Services means any equipment, software (including embedded software), documentation, service, or other deliverable supplied or created by the Contractor pursuant to this Master Agreement. The term Product includes goods and services.

1.13 Purchasing Entity means a state (as well as the District of Columbia and US territories), city, county, district, other political subdivision of a State, or a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase.

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II. Term of Master Agreement

2.1 Term. This Master Agreement is effective upon execution by the Lead State and will end on March 31, 2028 unless terminated sooner.

2.2 Amendment Limitations. The terms of this Master Agreement will not be waived, altered, modified, supplemented, or amended in any manner whatsoever without prior written agreement of the Lead State and Contractor.

2.3 Amendment Term. The term of the Master Agreement may be amended past the initial term and stated renewal periods for a reasonable period if in the judgment of the Lead State a follow-on competitive procurement will be unavoidably delayed (despite good faith efforts) beyond the planned date of execution of the follow-on master agreement. This subsection will not be deemed to limit the authority of a Lead State under its state law to otherwise negotiate contract extensions.

III. Attachments

3.1 This Master Agreement includes the following documents:

3.1.1 Attachment A: Scope of Work

3.1.2 Attachment B: Master Agreement Pricing

3.1.3 The RFP Solicitation and addenda, incorporated by reference but not attached

3.1.4 Contractor’s Proposal, incorporated by reference but not attached.

IV. Order of Precedence

4.1 Order. Any Order placed under this Master Agreement will consist of the following documents:

4.1.1 A Participating Entity’s Participating Addendum (“PA”);

4.1.2 NASPO ValuePoint Master Agreement, including all attachments thereto;

4.1.3 A Purchase Order or Scope of Work/Specifications issued against the Master Agreement;

4.1.4 The Solicitation or, if separately executed after award, the Lead State’s bilateral agreement that integrates applicable provisions;

4.1.5 Contractor’s response to the Solicitation, as revised (if permitted) and accepted by the Lead State.

4.2 Conflict. These documents will be read to be consistent and complementary. Any conflict among these documents will be resolved by giving priority to these documents in the order listed above.

Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment.

4.3 Participating Addenda. Participating Addenda will not be construed to diminish, modify, or otherwise derogate any provisions in this Master Agreement between the Lead State and Contractor. Participating Addenda will not include a term of agreement that exceeds the term of the Master Agreement.

V. Participation

5.1 Requirement for a Participating Addendum. Contractor may not deliver Products under this Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed.

5.2 Applicability of Master Agreement. NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented or amended by a Participating Addendum, subject to Section III. For the purposes of illustration and not limitation, this authority may apply to unique delivery and invoicing requirements, EXHIBIT 1
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confidentiality requirements, defaults on Orders, governing law and venue relating to Orders by a Participating Entity, indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that these alterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent of the Purchasing Entity and Contractor, may be included in the ordering document (e.g., purchase order or contract) used by the Purchasing Entity to place the Order.

5.3 Authorized Use. Use of specific NASPO ValuePoint Master Agreements by state agencies, political subdivisions and other Participating Entities is subject to applicable state law and the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official.

5.4 Obligated Entities. Obligations under this Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. States or other entities permitted to participate may use an informal competitive process to determine which Master Agreements to participate in through execution of a Participating Addendum. Participating Entities incur no financial obligations on behalf of other Purchasing Entities.

5.5 Notice of Participating Addendum. Contractor shall email a fully executed PDF copy of each Participating Addendum to [email protected] to support documentation of participation and posting in appropriate databases.

5.6 Eligibility for a Participating Addendum. Eligible entities who are not states may under some circumstances sign their own Participating Addendum, subject to the consent of the Chief Procurement Official of the state where the entity is located. Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists; the entity must ensure that they have the requisite procurement authority to execute a Participating Addendum.

5.7 Prohibition on Resale. Subject to any specific conditions included in the solicitation or Contractor’s proposal as accepted by the Lead State, or as explicitly permitted in a Participating Addendum, Purchasing Entities may not resell Products purchased under this Master Agreement.

Absent any such condition or explicit permission, this limitation does not prohibit: payments by employees of a Purchasing Entity for Products; sales of Products to the general public as surplus property; and fees associated with inventory transactions with other governmental or nonprofit entities and consistent with a Purchasing Entity’s laws and regulations. Any sale or transfer permitted by this subsection must be consistent with license rights granted for use of intellectual property.

5.8 Individual Customers. Except as may otherwise be agreed to by the Purchasing Entity and Contractor, each Purchasing Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement and as the Participating Entity has in the Participating Addendum, including but not limited to any indemnity or right to recover any costs as such right is defined in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Purchasing Entity individually.

5.9 Release of Information. Throughout the duration of this Master Agreement, Contractor must secure from the Lead State prior approval for the release of information that pertains to the potential work or activities covered by the Master Agreement. This limitation does not preclude publication about the award of the Master Agreement or marketing activities consistent with any proposed and accepted marketing plan.

5.10 No Representations. The Contractor shall not make any representations of NASPO ValuePoint, the Lead State, any Participating Entity, or any Purchasing Entity’s opinion or position as to the quality or effectiveness of the services that are the subject of this Master Agreement without prior written consent.

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VI. NASPO ValuePoint Provisions

6.1 Applicability. NASPO ValuePoint is not a party to the Master Agreement. The terms set forth in Section V are for the benefit of NASPO ValuePoint as a third-party beneficiary of this Master Agreement.

6.2 Administrative Fees

6.2.1 NASPO ValuePoint Fee. Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) no later than 60 days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee must be submitted quarterly and is based on all sales of products and services under the Master Agreement (less any charges for taxes or shipping). The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with a vendor’s response to the Lead State’s solicitation.

6.2.2 State Imposed Fees. Some states may require an additional fee be paid by Contractor directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee rate or amount, payment method, and schedule for such reports and payments will be incorporated into the applicable Participating Addendum. Unless otherwise negotiated by the Participating Entity, Contractor may adjust the Master Agreement pricing incorporated into the Participating Entity’s Participating Addendum by an amount not to exceed the Participating Entity’s fee. Such adjustments will have no effect on the NASPO ValuePoint administrative fee, pricing in the Master Agreement, or pricing offered to Purchasing Entities outside the jurisdiction of the Participating Entity.

6.3 NASPO ValuePoint Summary and Detailed Usage Reports

6.3.1 Sales Data Reporting. In accordance with this section, Contractor shall report to NASPO ValuePoint all Orders under this Master Agreement for which Contractor has invoiced the ordering entity or individual, including Orders invoiced to Participating Entity or Purchasing Entity employees for personal use if such use is permitted by this Master Agreement and the applicable Participating Addendum (“Sales Data”). Timely and complete reporting of Sales Data is a material requirement of this Master Agreement.

Reporting requirements, including those related to the format, contents, frequency, or delivery of reports, may be updated by NASPO ValuePoint with reasonable notice to Contractor and without amendment to this Master Agreement. NASPO ValuePoint shall have exclusive ownership of any media on which reports are submitted and shall have a perpetual, irrevocable, non-exclusive, royalty free, and transferable right to display, modify, copy, and otherwise use reports, data, and information provided under this section.

6.3.2 Summary Sales Data. “Summary Sales Data” is Sales Data reported as cumulative totals by state. Contractor shall, using the reporting tool or template provided by NASPO ValuePoint, report Summary Sales Data to NASPO ValuePoint for each calendar quarter no later than thirty (30) days following the end of the quarter. If Contractor has no reportable Sales Data for the quarter, Contractor shall submit a zero-sales report.

6.3.3 Detailed Sales Data. “Detailed Sales Data” is Sales Data that includes for each Order all information required by the Solicitation or by NASPO ValuePoint, including customer information, Order information, and line-item details. Contractor shall, using the reporting tool or template provided by NASPO ValuePoint, report Detailed Sales Data to NASPO ValuePoint for each calendar quarter no later than thirty (30) days following the end of the quarter. Detailed Sales Data shall be reported in the format provided in the Solicitation or provided by NASPO ValuePoint. The total sales volume of reported Detailed Sales Data shall be consistent with the total sales volume of reported Summary Sales Data.

6.3.4 Sales Data Crosswalks. Upon request by NASPO ValuePoint, Contractor shall provide to NASPO ValuePoint tables of customer and Product information and specific attributes thereof for the purpose of standardizing and analyzing reported Sales Data (“Crosswalks”). Customer Crosswalks must include a list of existing and potential EXHIBIT 1
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Purchasing Entities and identify for each the appropriate customer type as defined by NASPO ValuePoint. Product Crosswalks must include Contractor’s part number or SKU for each Product in Offeror’s catalog and identify for each the appropriate Master Agreement category (and subcategory, if applicable), manufacturer part number, product description, eight-digit UNSPSC Class Level commodity code, and (if applicable) EPEAT value and Energy Star rating. Crosswalk requirements and fields may be updated by NASPO ValuePoint with reasonable notice to Contractor and without amendment to this Master Agreement. Contractor shall work in good faith with NASPO ValuePoint to keep Crosswalks updated as Contractor’s customer lists and product catalog change.

6.3.5 Executive Summary. Contractor shall, upon request by NASPO ValuePoint, provide NASPO ValuePoint with an executive summary that includes but is not limited to a list of states with an active Participating Addendum, states with which Contractor is in negotiations, and any Participating Addendum roll-out or implementation activities and issues. NASPO ValuePoint and Contractor will determine the format and content of the executive summary.

6.4 NASPO ValuePoint Cooperative Program Marketing, Training, and Performance Review

6.4.1 Staff Education. Contractor shall work cooperatively with NASPO ValuePoint personnel.

Contractor shall present plans to NASPO ValuePoint for the education of Contractor’s contract administrator(s) and sales/marketing workforce regarding the Master Agreement contract, including the competitive nature of NASPO ValuePoint procurements, the master agreement and participating addendum process, and the manner in which eligible entities can participate in the Master Agreement.

6.4.2 Onboarding Plan. Upon request by NASPO ValuePoint, Contractor shall, as Participating Addendums are executed, provide plans to launch the program for the Participating Entity. Plans will include time frames to launch the agreement and confirmation that the Contractor’s website has been updated to properly reflect the scope and terms of the Master Agreement as available to the Participating Entity and eligible Purchasing Entities.

6.4.3 Annual Contract Performance Review. Contractor shall participate in an annual contract performance review with the Lead State and NASPO ValuePoint, which may at the discretion of the Lead State be held in person and which may include a discussion of marketing action plans, target strategies, marketing materials, Contractor reporting, and timeliness of payment of administration fees.

6.4.4 Use of NASPO ValuePoint Logo. The NASPO ValuePoint logos may not be used by Contractor in sales and marketing until a separate logo use agreement is executed with NASPO ValuePoint.

6.4.5 Most Favored Customer. Contractor shall, within thirty (30) days of their effective date, notify the Lead State and NASPO ValuePoint of any contractual most-favored-customer provisions in third-party contracts or agreements that may affect the promotion of this Master Agreement or whose terms provide for adjustments to future rates or pricing based on rates, pricing in, or Orders from this Master Agreement. Upon request of the Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions.

6.5 Cancellation. In consultation with NASPO ValuePoint, the Lead State may, in its discretion, cancel the Master Agreement or not exercise an option to renew, when utilization of Contractor’s Master Agreement does not warrant further administration of the Master Agreement. The Lead State may also exercise its right to not renew the Master Agreement if vendor fails to record or report revenue for three (3) consecutive quarters, upon 60-calendar day written notice to the Contractor. Cancellation based on nonuse or under-utilization will not occur sooner than two (2) years after execution of the Master Agreement. This subsection does not limit the discretionary right of either the Lead State or Contractor to cancel the Master Agreement or terminate for default subject to the terms herein. This subsection also does not limit any right of the Lead State to cancel the Master Agreement under applicable laws.

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6.6 Canadian Participation. Subject to the approval of Contractor, any Canadian provincial government or provincially funded entity in Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, or Saskatchewan, and territorial government or territorial government funded entity in the Northwest Territories, Nunavut, or Yukon, including municipalities, universities, community colleges, school boards, health authorities, housing authorities, agencies, boards, commissions, and crown corporations, may be eligible to use Contractor's Master Agreement.

6.7 Additional Agreement with NASPO. Upon request by NASPO ValuePoint, awarded Contractor shall enter into a direct contractual relationship with NASPO ValuePoint related to Contractor’s obligations to NASPO ValuePoint under the terms of the Master Agreement, the terms of which shall be the same or similar (and not less favorable) than the terms set forth in the Master Agreement.

VII. Pricing, Payment & Leasing

7.1 Pricing. The prices contained in this Master Agreement or offered under this Master Agreement represent the not-to-exceed price to any Purchasing Entity.

7.1.1 Contractor may periodically update Contractor’s product and service catalog without amendment to this Master Agreement, provided the catalog is accessible to the Lead State, Participating Entities, and Purchasing Entities on Contractor’s website or the NASPO ValuePoint website. All discounts must be guaranteed and maintained for the entire term of this Master Agreement, and all products and services offered must comply with the requirements herein. All pricing is subject to an independent review for reasonableness and best value by the Lead State. Pricing for any product or service that is determined by the Lead State to be unreasonable, including any cost to which Contractor’s discount is being applied, may result in removal of the product or service from this Master Agreement.

7.2 Payment. Unless otherwise agreed upon in a Participating Addendum or Order, Payment after Acceptance will be made within thirty (30) days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contractor may assess overdue account charges up to a maximum rate of one percent (1%) per month on the outstanding balance, unless a different late payment amount is specified in a Participating Addendum or Order, or otherwise prescribed by applicable law. Payments will be remitted in the manner specified in the Participating Addendum or Order. Payments may be made via a purchasing card with no additional charge.

7.3 Prohibition Against Advance Payment. Unless otherwise agreed upon in a Participating Addendum or Order, no compensation or payment of any nature shall be made in advance of services actually performed or products actually delivered.

7.4 Leasing or Alternative Financing Methods. The procurement and other applicable laws of some Purchasing Entities may permit the use of leasing or alternative financing methods for the acquisition of Products under this Master Agreement. Where the terms and conditions are not otherwise prescribed in an applicable Participating Addendum, the terms and conditions for leasing or alternative financing methods are subject to negotiation between the Contractor and Purchasing Entity.

VIII. Ordering

8.1 Order Numbers. Master Agreement order and purchase order numbers must be clearly shown on all acknowledgments, packing slips, invoices, and on all correspondence.

8.2 Quotes. Purchasing Entities may define entity-specific or project-specific requirements and informally compete the requirement among companies having a Master Agreement on an “as needed” basis. This procedure may also be used when requirements are aggregated or other firm commitments may be made to achieve reductions in pricing. This procedure may be modified in Participating Addenda and adapted to the Purchasing Entity’s rules and policies. The Purchasing Entity may in its sole discretion determine which Master Agreement Contractors should be EXHIBIT 1
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solicited for a quote. The Purchasing Entity may select the quote that it considers most advantageous, cost, and other factors considered.

8.3 Applicable Rules. Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the Purchasing Entities’ rules, policies, and procedures regarding the ordering of supplies and/or services contemplated by this Master Agreement.

8.4 Required Documentation. Contractor shall not begin work without a valid Purchase Order or other appropriate commitment document under the law of the Purchasing Entity.

8.5 Term of Purchase. Orders may be placed consistent with the terms of this Master Agreement and applicable Participating Addendum during the term of the Master Agreement and Participating Addendum.

8.5.1 Orders must be placed pursuant to this Master Agreement prior to the termination date thereof, but may have a delivery date or performance period up to 120 days past the then-current termination date of this Master Agreement.

8.5.2 Notwithstanding the previous, Orders must also comply with the terms of the applicable Participating Addendum, which may further restrict the period during which Orders may be placed or delivered.

8.5.3 Financial obligations of Purchasing Entities payable after the current applicable fiscal year are contingent upon agency funds for that purpose being appropriated, budgeted, and otherwise made available.

8.5.4 Notwithstanding the expiration, cancellation or termination of this Master Agreement, Contractor shall perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination. Contractor shall not honor any Orders placed after the expiration, cancellation, or termination of this Master Agreement, or in any manner inconsistent with this Master Agreement’s terms.

8.5.5 Orders for any separate indefinite quantity, task order, or other form of indefinite delivery order arrangement priced against this Master Agreement may not be placed after the expiration or termination of this Master Agreement, notwithstanding the term of any such indefinite delivery order agreement.

8.6 Order Form Requirements. All Orders pursuant to this Master Agreement, at a minimum, must include:

8.6.1 The services or supplies being delivered;

8.6.2 A shipping address and other delivery requirements, if any;

8.6.3 A billing address;

8.6.4 Purchasing Entity contact information;

8.6.5 Pricing consistent with this Master Agreement and applicable Participating Addendum and as may be adjusted by agreement of the Purchasing Entity and Contractor;

8.6.6 A not-to-exceed total for the products or services being ordered; and

8.6.7 The Master Agreement number or the applicable Participating Addendum number, provided the Participating Addendum references the Master Agreement number.

8.7 Communication. All communications concerning administration of Orders placed must be furnished solely to the authorized purchasing agent within the Purchasing Entity’s purchasing office, or to such other individual identified in writing in the Order.

8.8 Contract Provisions for Orders Utilizing Federal Funds. Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These EXHIBIT 1
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federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement.

IX. Shipping and Delivery

9.1 Shipping Terms. All deliveries within the contiguous United States will be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. All deliveries to Alaska, Hawaii, US territories, or other offshore Purchasing Entities shall be FOB, freight prepaid to the nearest port of embarkation. An estimate of shipping charges must be provided to the Purchasing Entity prior to shipment.

9.1.1 Notwithstanding the above, responsibility and liability for loss or damage will remain the Contractor’s until final inspection and acceptance when responsibility will pass to the Purchasing Entity except as to latent defects, fraud, and Contractor’s warranty obligations.

9.2 Minimum Shipping. The minimum shipment amount, if any, must be contained in the Master Agreement. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered will be shipped without charge.

9.3 Inside Deliveries. To the extent applicable, all deliveries will be “Inside Deliveries” as designated by a representative of the Purchasing Entity placing the Order. Inside Delivery refers to a delivery to a location other than a loading dock, front lobby, or reception area. Specific delivery instructions will be noted on the order form or Purchase Order. Costs to repair any damage to the building interior (e.g., scratched walls, damage to the freight elevator, etc.) caused by Contractor or Contractor’s carrier will be the responsibility of the Contractor. Immediately upon becoming aware of such damage, Contractor shall notify the Purchasing Entity placing the Order.

9.4 Packaging. All products must be delivered in the manufacturer’s standard package. Costs must include all packing and/or crating charges. Cases must be of durable construction, in good condition, properly labeled and suitable in every respect for storage and handling of contents.

Each shipping carton must be marked with the commodity, brand, quantity, item code number and the Purchasing Entity’s Purchase Order number.

X. Inspection and Acceptance

10.1 Laws and Regulations. Any and all Products offered and furnished must comply fully with all applicable Federal, State, and local laws and regulations.

10.2 Applicability. Unless otherwise specified in the Master Agreement, Participating Addendum, or ordering document, the terms of this Section IX will apply. This section is not intended to limit rights and remedies under the applicable commercial code.

10.3 Inspection. All Products are subject to inspection at reasonable times and places before Acceptance. Contractor shall provide right of access to the Lead State, or to any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, to monitor and evaluate performance, compliance, and/or quality assurance requirements under this Master Agreement.

10.3.1 Products that do not meet specifications may be rejected. Failure to reject upon receipt, however, does not relieve the contractor of liability for material (nonconformity that substantial impairs value) latent or hidden defects subsequently revealed when goods are put to use.

10.3.2 Acceptance of such goods may be revoked in accordance with the provisions of the applicable commercial code, and the Contractor is liable for any resulting expense incurred by the Purchasing Entity related to the preparation and shipping of Product rejected and returned, or for which Acceptance is revoked.

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requirements, at no increase in Order amount. When defects cannot be corrected by reperformance, the Purchasing Entity may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and reduce the contract price to reflect the reduced value of services performed.

10.5 Acceptance Testing. Purchasing Entity may establish a process, in keeping with industry standards, to ascertain whether the Product meets the standard of performance or specifications prior to Acceptance by the Purchasing Entity.

10.5.1 The Acceptance Testing period will be thirty (30) calendar days, unless otherwise specified, starting from the day after the Product is delivered or, if installed by Contractor, the day after the Product is installed and Contractor certifies that the Product is ready for Acceptance Testing.

10.5.2 If the Product does not meet the standard of performance or specifications during the initial period of Acceptance Testing, Purchasing Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the standard of performance is met.

10.5.3 Upon rejection, the Contractor will have fifteen (15) calendar days to cure. If after the cure period, the Product still has not met the standard of performance or specifications, the Purchasing Entity may, at its option: (a) declare Contractor to be in breach and terminate the Order; (b) demand replacement Product from Contractor at no additional cost to Purchasing Entity; or, (c) continue the cure period for an additional time period agreed upon by the Purchasing Entity and the Contractor.

10.5.4 Contractor shall pay all costs related to the preparation and shipping of Product returned pursuant to the section.

10.5.5 No Product will be deemed Accepted and no charges will be paid until the standard of performance or specification is met.

XI. Warranty

11.1 Applicability. Unless otherwise specified in the Master Agreement, Participating Addendum, or ordering document, the terms of this Section X will apply.

11.2 Warranty. For a period of time as specified in the Proposal, the Contractor warrants that: (a) the Product performs according to all specific claims that the Contractor made in its response to the solicitation, (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is suitable for any special purposes identified in the solicitation or for which the Purchasing Entity has relied on the Contractor’s skill or judgment, (d) the Product is designed and manufactured in a commercially reasonable manner, and (e) the Product is free of defects.

11.3 Breach of Warranty. Upon breach of the warranty set forth above, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made.

11.4 Rights Reserved. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.

11.5 Warranty Period Start Date. The warranty period will begin upon Acceptance, as set forth in Section IX.

XII. Product Title

12.1 Conveyance of Title. Upon Acceptance by the Purchasing Entity, Contractor shall convey to Purchasing Entity title to the Product free and clear of all liens, encumbrances, or other security interests.

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12.2 Embedded Software. Transfer of title to the Product must include an irrevocable and perpetual license to use any Embedded Software in the Product. If Purchasing Entity subsequently transfers title of the Product to another entity, Purchasing Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title. A subsequent transfer of this software license will be at no additional cost or charge to either Purchasing Entity or Purchasing Entity’s transferee.

12.3 License of Pre-Existing Intellectual Property. Contractor grants to the Purchasing Entity a nonexclusive, perpetual, royalty-free, irrevocable, license to use, publish, translate, reproduce, transfer with any sale of tangible media or Product, perform, display, and dispose of the Intellectual Property, and its derivatives, used or delivered under this Master Agreement, but not created under it (“Pre-existing Intellectual Property”). The Contractor shall be responsible for ensuring that this license is consistent with any third-party rights in the Pre-existing Intellectual Property.

XIII. Indemnification

13.1 General Indemnification. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO ValuePoint, the Lead State, Participating Entities, and Purchasing Entities, along with their officers and employees, from and against third-party claims, damages or causes of action including reasonable attorneys’ fees and related costs for any death, injury, or damage to tangible property arising from any act, error, or omission of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to performance under this Master Agreement.

13.2 Intellectual Property Indemnification. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO ValuePoint, the Lead State, Participating Entities, Purchasing Entities, along with their officers and employees ("Indemnified Party"), from and against claims, damages or causes of action including reasonable attorneys’ fees and related costs arising out of the claim that the Product or its use infringes Intellectual Property rights of another person or entity ("Intellectual Property Claim").

13.2.1 The Contractor’s obligations under this section will not extend to any combination of the Product with any other product, system or method, unless the Product, system or method is:

13.2.1.1 provided by the Contractor or the Contractor’s subsidiaries or affiliates;

13.2.1.2 specified by the Contractor to work with the Product;

13.2.1.3 reasonably required to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function; or

13.2.1.4 reasonably expected to be used in combination with the Product.

13.2.2 The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor.

If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of the Intellectual Property Claim. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible.

13.2.3 The Indemnified Party shall furnish, at the Contractor’s reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of the Intellectual Property Claim and the Contractor shall be liable for all costs and expenses, EXHIBIT 1
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including reasonable attorneys’ fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim.

13.2.4 Unless otherwise set forth herein, Section 12.2 is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement.

XIV. Insurance

14.1 Term. Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. A Participating Entity may negotiate alternative Insurance requirements in their Participating Addendum.

14.2 Class. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity’s state and having a rating of A-, Class VII or better, in the most recently published edition of A.M. Best’s Insurance Reports. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum.

14.3 Coverage. Coverage must be written on an occurrence basis. The minimum acceptable limits will be as indicated below:

14.3.1 Contractor shall maintain Commercial General Liability insurance covering premises operations, independent contractors, products and completed operations, blanket contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of not less than $1 million per occurrence and $2 million general aggregate;

14.3.2 Contractor shall maintain Automobile Liability insurance with a minimum combined single limit per accident of not less than $1 million;

14.3.3 Contractor shall maintain Workers Compensation insurance in compliance with the Workers Compensation law of the state of the Contractor’s headquarters. Employers Liability is included with a minimum limit of $1 million per accident/per disease/per employee.

14.4 Notice of Cancellation. Contractor shall pay premiums on all insurance policies. Contractor shall provide notice to a Participating Entity who is a state within five (5) business days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur.

14.5 Notice of Endorsement. Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Contractor’s general liability insurance policy or other documentary evidence acceptable to the Lead State that (1) provides that written notice of cancellation will be delivered in accordance with the policy provisions, and (2) provides that the Contractor’s liability insurance policy will be primary, with any liability insurance of any Participating State as secondary and noncontributory.

14.6 Participating Entities. Contractor shall provide to Participating States and Participating Entities the same insurance obligations and documentation as those specified in Section XIII, except the endorsement is provided to the applicable Participating State or Participating Entity.

14.7 Furnishing of Certificates. Contractor shall furnish to the Lead State copies of certificates of all required insurance in a form sufficient to show required coverage within thirty (30) calendar days of the execution of this Master Agreement and prior to performing any work. Copies of renewal certificates of all required insurance will be furnished within thirty (30) days after any renewal date to the applicable state Participating Entity. Failure to provide evidence of coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master Agreement’s termination or the termination of any Participating Addendum.

14.8 Disclaimer. Insurance coverage and limits will not limit Contractor’s liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order.

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XV. General Provisions

15.1 Records Administration and Audit

15.1.1 The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail as will adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right will survive for a period of six (6) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Master Agreement, whichever is later, or such longer period as is required by the Purchasing Entity’s state statutes, to assure compliance with the terms hereof or to evaluate performance hereunder.

15.1.2 Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or Orders or underpayment of fees found as a result of the examination of the Contractor’s records.

15.1.3 The rights and obligations herein exist in addition to any quality assurance obligation in the Master Agreement that requires the Contractor to self-audit contract obligations and that permits the Lead State to review compliance with those obligations.

15.2 Confidentiality, Non-Disclosure, and Injunctive Relief

15.2.1 Confidentiality. Contractor acknowledges that it and its employees or agents may, in the course of providing a Product under this Master Agreement, be exposed to or acquire information that is confidential to Purchasing Entity or Purchasing Entity’s clients.

15.2.1.1 Any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by Contractor or its employees or agents in the performance of this Master Agreement, including but not necessarily limited to (1) any Purchasing Entity’s records, (2) personnel records, and (3) information concerning individuals, is confidential information of Purchasing Entity (“Confidential Information”).

15.2.1.2 Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information.

15.2.1.3 Confidential Information does not include information that (1) is or becomes (other than by disclosure by Contractor) publicly known; (2) is furnished by Purchasing Entity to others without restrictions similar to those imposed by this Master Agreement; (3) is rightfully in Contractor’s possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (4) is obtained from a source other than Purchasing Entity without the obligation of confidentiality, (5) is disclosed with the written consent of Purchasing Entity; or (6) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to the Confidential Information.

15.2.2 Non-Disclosure. Contractor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and shall not copy, reproduce, sell, EXHIBIT 1
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assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed under this Master Agreement.

15.2.2.1 Contractor shall advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contractor shall use commercially reasonable efforts to assist Purchasing Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information.

15.2.2.2 Without limiting the generality of the foregoing, Contractor shall advise Purchasing Entity, applicable Participating Entity, and the Lead State immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement, and Contractor shall at its expense cooperate with Purchasing Entity in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person.

15.2.2.3 Except as directed by Purchasing Entity, Contractor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Purchasing Entity’s request, Contractor shall turn over to Purchasing Entity all documents, papers, and other matter in Contractor's possession that embody Confidential Information.

15.2.2.4 Notwithstanding the foregoing, Contractor may keep one (1) copy of such Confidential Information necessary for quality assurance, audits, and evidence of the performance of this Master Agreement.

15.2.3 Injunctive Relief. Contractor acknowledges that Contractor’s breach of Section 14.2 would cause irreparable injury to the Purchasing Entity that cannot be inadequately compensated in monetary damages. Accordingly, Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available.

Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Purchasing Entity and are reasonable in scope and content.

15.2.4 Purchasing Entity Law. These provisions will be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity.

15.2.5 NASPO ValuePoint. The rights granted to Purchasing Entities and Contractor’s obligations under this section will also extend to NASPO ValuePoint’s Confidential Information, including but not limited to Participating Addenda, Orders or transaction data relating to Orders under this Master Agreement that identify the entity/customer, Order dates, line-item descriptions and volumes, and prices/rates. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to this Master Agreement. To the extent permitted by law, Contractor shall notify the Lead State of the identity of any entity seeking access to the Confidential Information described in this subsection.

15.2.6 Public Information. This Master Agreement and all related documents are subject to disclosure pursuant to the Lead State’s public information laws.

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15.3 Assignment/Subcontracts

15.3.1 Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the Lead State.

15.3.2 The Lead State reserves the right to assign any rights or duties, including written assignment of contract administration duties, to NASPO ValuePoint and other third parties.

15.4 Changes in Contractor Representation. The Contractor must, within ten (10) calendar days, notify the Lead State in writing of any changes in the Contractor’s key administrative personnel managing the Master Agreement. The Lead State reserves the right to approve or reject changes in key personnel, as identified in the Contractor’s proposal. The Contractor shall propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor’s proposal.

15.5 Independent Contractor. Contractor is an independent contractor. Contractor has no authorization, express or implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to any agreements, settlements, liability or understanding whatsoever, and shall not to hold itself out as agent except as expressly set forth herein or as expressly set forth in an applicable Participating Addendum or Order.

15.6 Cancellation. Unless otherwise set forth herein, this Master Agreement may be canceled by either party upon 60 days’ written notice prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon thirty (30) days’ written notice, unless otherwise limited or stated in the Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision will not affect the rights and obligations attending Orders outstanding at the time of cancellation, including any right of a Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, rights attending any warranty or default in performance in association with any Order, and requirements for records administration and audit. Cancellation of the Master Agreement due to Contractor default may be immediate.

15.7 Force Majeure. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, unusually severe weather, other acts of God, or acts of war which are beyond that party’s reasonable control. The Lead State may terminate this Master Agreement upon determining such delay or default will reasonably prevent successful performance of the Master Agreement.

15.8 Defaults and Remedies

15.8.1 The occurrence of any of the following events will be an event of default under this Master Agreement:

15.8.1.1 Nonperformance of contractual requirements;

15.8.1.2 A material breach of any term or condition of this Master Agreement;

15.8.1.3 Any certification, representation or warranty by Contractor in response to the solicitation or in this Master Agreement that proves to be untrue or materially misleading;

15.8.1.4 Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or

15.8.1.5 Any default specified in another section of this Master Agreement.

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15.8.2 Upon the occurrence of an event of default, the Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of fifteen (15) calendar days in which Contractor shall have an opportunity to cure the default.

The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure will not diminish or eliminate Contractor’s liability for damages, including liquidated damages to the extent provided for under this Master Agreement.

15.8.3 If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this Master Agreement and the Lead State shall have the right to exercise any or all of the following remedies:

15.8.3.1 Any remedy provided by law;

15.8.3.2 Termination of this Master Agreement and any related Contracts or portions thereof;

15.8.3.3 Assessment of liquidated damages as provided in this Master Agreement;

15.8.3.4 Suspension of Contractor from being able to respond to future bid solicitations;

15.8.3.5 Suspension of Contractor’s performance; and

15.8.3.6 Withholding of payment until the default is remedied.

15.8.4 Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and shall have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in an Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions will be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code.

15.9 Waiver of Breach. Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies will not operate as a waiver under this Master Agreement, any Participating Addendum, or any Purchase Order. Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Purchase Order, or breach of any terms or requirements of this Master Agreement, a Participating Addendum, or Purchase Order will not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, any Participating Addendum, or any Purchase Order.

15.10 Debarment. The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in public procurement or contracting by any governmental department or agency. This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State.

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15.11 No Waiver of Sovereign Immunity

15.11.1 In no event will this Master Agreement, any Participating Addendum or any contract or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court.

15.11.2 This section applies to a claim brought against the Participating Entities who are states only to the extent Congress has appropriately abrogated the state’s sovereign immunity and is not consent by the state to be sued in federal court. This section is also not a waiver by the state of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States.

15.12 Governing Law and Venue

15.12.1 The procurement, evaluation, and award of the Master Agreement will be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of the Master Agreement after award will be governed by the law of the state serving as Lead State. The construction and effect of any Participating Addendum or Order against the Master Agreement will be governed by and construed in accordance with the laws of the Participating Entity’s or Purchasing Entity’s state.

15.12.2 Unless otherwise specified in the RFP, venue for any protest, claim, dispute, or action relating to the procurement, evaluation, or award, or concerning the terms of this Master Agreement, will be in the Nineteenth Judicial District Court, Parish of East Baton Rouge, State of Louisiana. If the Nineteenth Judicial District Court lacks jurisdiction over the protest, claim, dispute, or action, and such protest, claim, dispute, or action must be brought in a federal forum, venue will be in the United States District Court for the Middle District of Louisiana.

15.12.3 Venue for any protest, claim, dispute, or action concerning any Order placed against the Master Agreement or the effect of a Participating Addendum will be in the Purchasing Entity’s state.

15.12.4 If a claim is brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for (in decreasing order of priority): the Lead State for claims relating to the procurement, evaluation, award, or contract performance or administration if the Lead State is a party; a Participating State if a named party; the state where the Participating Entity or Purchasing Entity is located if either is a named party.

15.13 Assignment of Antitrust Rights. Contractor irrevocably assigns to a Participating Entity who is a state any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity’s state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided in that state for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at the Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action.

15.14 Survivability. Unless otherwise explicitly set forth in a Participating Addendum or Order, the terms of this Master Agreement as they apply to the Contractor, Participating Entities, and Purchasing Entities, including but not limited to pricing and the reporting of sales and payment of administrative fees to NASPO ValuePoint, shall survive expiration of this Master Agreement and shall continue to apply to all Participating Addenda and Orders until the expiration thereof.

15.15 Contractor’s Cooperation. The Contractor has the duty to fully cooperate with the Lead State, NASPO ValuePoint, a Participating Entity, and a Purchasing Entity and provide any and all EXHIBIT 1
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requested information or documentation to the Lead State, NASPO ValuePoint, Participating Entity, or Purchasing Entity when requested. This applies even if this Master Agreement is terminated and/or a lawsuit is filed.

15.16 Federal Clauses.

15.16.1 Compliance with Civil Rights Laws. The Contractor agrees to abide by the requirements of the following as applicable: Title VI and Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, Federal Executive Order 11246 as amended, the Federal Rehabilitation Act of 1973 as amended, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, the Fair Housing Act of 1968 as amended, and Contractor agrees to abide by the requirements of the Americans with Disabilities Act of 1990.

Contractor agrees not to discriminate in its employment practices, and will render services under this Contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, disability or age in any matter relating to employment.

Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this Contract.

15.16.2 Anti-Kickback Clause. The Contractor hereby agrees to adhere to the mandate dictated by the Copeland "Anti-Kickback" Act which provides that each Contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the completion of work, to give up any part of the compensation to which he is otherwise entitled.

15.16.3 Clean Air Act. The Contractor hereby agrees to adhere to the provisions which require compliance with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act which prohibits the use under non-exempt Federal contracts, grants or loans of facilities included on the Environmental Protection Agency (EPA) list of Violating Facilities.

15.16.4 Energy Policy and Conservation Act. The Contractor hereby recognizes the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).

15.16.5 Clean Water Act. The Contractor hereby agrees to adhere to the provisions which require compliance with all applicable standards, orders, or requirements issued under Section 508 of the Clean Water Act which prohibits the use under non-exempt Federal contracts, grants or loans of facilities included on the Environmental Protection Agency (EPA) List of Violating Facilities.

15.16.6 Anti-Lobbying and Debarment Act. The Contractor will be expected to comply with Federal statutes required in the Anti-Lobbying Act and the Debarment Act.

15.16.7 Buy America. Contractor’s compliance or non-compliance with Buy America Requirements was submitted with Contractor’s Proposal and is indicated in Attachment B: Master Agreement Pricing.

15.17 E-Verify. The Contractor shall comply with the provisions of federal law pertaining to E-Verify in the performance of services under this Contract.

15.18 Headings. Descriptive headings in this Master Agreement are for convenience only and shall not affect the construction of this Master Agreement or meaning of contractual language.

15.19 Severability. If any term or condition of this Master Agreement or the application thereof is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition or application; to this end the terms and conditions of this Master Agreement are declared severable.

15.20 Complete Agreement. This is the complete agreement between the parties with respect to the subject matter and all prior discussions and negotiations are merged into this agreement. This EXHIBIT 1
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Master Agreement is entered into with neither party relying on any statement or representation made by the other party not embodied in this Master Agreement and there are no other agreements or understanding changing or modifying the terms.

IN WITNESS WHEREOF, the parties have executed this Contract.

CONTRACTOR SIGNATURE: STATE OF LOUISIANA SIGNATURE:

By: By:

Name: Name: Tom Ketterer
Title: Title: Director of State Procurement
Date: Date:

DocuSign Envelope ID: 2AA2114F-35CF-4E58-9F66-49E63E5456A8 4/13/2023
VP of Sales, VSG Americas
Tim Vaughan
5/3/2023
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Solicitation Number Doc554414018 _________________________________________________________________________________________________________________

Attachment B, SCOPE OF WORK
Attachment A

SCOPE OF WORK
I. Overview and Definitions
The Contractor shall provide the following categories of Deliverables to the Lead State, Participating Entities, and Purchasing Entities:

A. Vehicle Lifts and Shop Equipment for light- and heavy-duty vehicles; and B. Garage Associated Equipment.

Definitions
A. ALI means the Automotive Lift Institute, Inc.

B. ANSI means the American National Standards Institute.

II. Master Agreement Deliverables
A. Vehicle Lifts and Accessories. All vehicle lifts and accessories available under the Master Agreement shall meet the current Automotive Lift Institute, Inc. (ALI) certifications and should comply with the American National Standards Institute (ANSI) standards. All standard lifts shall be ALI certified and posted on the ALI website (http://www.autolift.org/). Vehicles Lifts and accessories shall comply with all federal, state, and local laws, regulations, and safety standards.

Any lifts and accessories purchased under this contract shall be delivered with all standard equipment for operational use along with additional accessories and manuals/literature requested.

Garage Associated Equipment. Garage Associated Equipment and Accessories shall comply with all federal, state, and local laws, regulations and safety standards. Only equipment complying with ANSI standards should be provided under this Master Agreement. Garage equipment shall be new and the most current production model. Any shop equipment and accessories purchased under this contract shall be delivered with all standard equipment for operational use along with additional accessories and manuals/literature requested.

III. Contractor Responsibilities and Tasks
A. Contractor shall perform site inspections at no additional charge. The purpose of the site inspection is to obtain a product recommendation from the Contractor. Upon completion of a site visit, Contractor shall provide the following:

1. Lift and accessory recommendation

2. Contract pricing, and

3. Installation cost.

B. Contractor recommendations are not required to be purchased.

C. Contractor shall provide installation and repair services of any equipment purchased under this contract and should be able to provide deconstruction and removal of existing equipment.

D. Contractor shall provide training in the safe operation of purchased equipment, as requested.

E. For vehicle lifts, Contractor shall be either the manufacturer of the lift as named on ALI lift certification documents or an authorized distributor for the manufacturer of the lift as named on ALI lift certification documents.

F. For garage-associated equipment, the Contractor shall be either the manufacturer or an authorized distributor of the equipment.

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Solicitation Number Doc554414018 _________________________________________________________________________________________________________________

Attachment B, SCOPE OF WORK
G. The Contractor shall supply a list of all authorized distributors by State.

H. For vehicle lifts, Contractor shall provide a minimum warranty of one (1) year on all components and labor.

I. For garage–associated equipment, Contractor shall provide a warranty on all components and labor.

J. Contractor shall be responsible for any of the following costs that are a result of equipment/mechanical failures incurred under normal operation conditions during the warranty period:

1. Inspections

2. Adjustments

3. Parts

4. Labor

5. Travel, pickup and/or delivery costs.

K. All equipment must meet federal and state safety requirements at the time of purchase.

L. Contractor shall provide authorized certified manufacturer technicians for all needed warranty and non-warranty repairs and preventative maintenance. Parts and workmanship shall be in compliance with OEM and the applicable ANSI and/or ALI standards.

M. Contractor shall be able to service a physical address within the Continental United States during relevant local working hours.

IV. Lead State Responsibilities and Tasks
A. The Lead State and Participating States will measure and evaluate the Contractor’s performance quarterly to ensure contract requirements are being met.

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PARTICIPATING ADDENDUM

VEHICLE LIFTS AND GARAGE

ASSOCIATED EQUIPMENT
Led by the State of Louisiana

Master Agreement #: CW7254
Contractor: Vehicle Services Group LLC
Participating Entity: STATE OF XXXXX
The following products or services are included in this contract portfolio:
• All products and accessories listed on the Contractor page of the NASPO ValuePoint website.

Master Agreement Terms and Conditions:

1. Scope: This addendum covers the Vehicle Lifts and Garage Associated Equipment led by the State of Louisiana for use by state agencies and other entities located in the Participating State [or State Entity] authorized by that State’s statutes to utilize State contracts with the prior approval of the State’s Chief Procurement Official.

Removable Instruction: Participating States should ensure that paragraph 2 properly defines the scope of participation. The model language in paragraph enables participation by all political subdivisions, institutions of higher education, and other entities included in the state’s statewide contract program.

2. Participation: This NASPO ValuePoint Master Agreement may be used by all state agencies, institutions of higher institution, political subdivisions and other entities authorized to use statewide contracts in the State of [xxxxxxx]. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official.

3. Primary Contacts: The primary contact individuals for this Participating Addendum are as follows (or their named successors):

Contractor
Name:

Address:

Telephone:

Fax:

Email:

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PARTICIPATING ADDENDUM

VEHICLE LIFTS AND GARAGE

ASSOCIATED EQUIPMENT
Led by the State of Louisiana

Participating Entity
Name:

Address:

Telephone:

Fax:

Email:

4. PARTICIPATING ENTITY MODIFICATIONS OR ADDITIONS TO THE MASTER

AGREEMENT
These modifications or additions apply only to actions and relationships within the Participating Entity.

Participating Entity must check one of the boxes below. [ ] No changes to the terms and conditions of the Master Agreement are required. [ ] The following changes are modifying or supplementing the Master Agreement terms and conditions.
[Removable Instruction: Insert text here to address specific changes to the terms and conditions. Indicate which section numbers of the Master Agreement are modified. If no changes are required, check the box above and delete this paragraph.]

5. Lease Agreements: [If applicable, insert a statement about whether or not equipment lease agreement terms and conditions included in the Master Agreement have been approved for use by the Participating State and any restrictions or requirements for the use of the lease agreement language in the Master Agreement. If not applicable, mark Section 4 as “Reserved”.]

6. Subcontractors: All contactors, dealers, and resellers authorized in the State of [xxxxxx], as shown on the dedicated Contractor (cooperative contract) website, are approved to provide sales and service support to participants in the NASPO ValuePoint Master Agreement. The contractor’s dealer participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement.

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NASPO ValuePoint

PARTICIPATING ADDENDUM

VEHICLE LIFTS AND GARAGE

ASSOCIATED EQUIPMENT
Led by the State of Louisiana

7. Orders: Any order placed by a Participating Entity or Purchasing Entity for a product and/or service available from this Master Agreement shall be deemed to be a sale under (and governed by the prices and other terms and conditions) of the Master Agreement unless the parties to the order agree in writing that another contract or agreement applies to such order.

IN WITNESS, WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below.

Participating Entity: Contractor:

Signature: Signature:

Name: Name:

Title: Title:

Date: Date:
[Additional signatures may be added if required by the Participating Entity] EXHIBIT 1
1622
NASPO ValuePoint

PARTICIPATING ADDENDUM

VEHICLE LIFTS AND GARAGE

ASSOCIATED EQUIPMENT
Led by the State of Louisiana

For questions on executing a participating addendum, please contact:

NASPO ValuePoint
Cooperative Portfolio Manager: Joel E. Atkinson
Telephone: 850-848-1250
Email: [email protected]
[Please email fully executed PDF copy of this
document to
[email protected]
to support documentation of participation and posting
in appropriate data bases.]
EXHIBIT 1
1623

41.0%
Manufacturer Part # MODEL Product Description Alpha Code Product Type Product Discount Code GOV List Price NASPO Discount NASPO Net Price Meets Buy America SPOA10 SPOA10N1400BL Lift, 2-post 10,000 lb Asym 2-stage w/flip-up adapters SPOA10 LIGHT DUTY LS $ 8,922.00 41.0% $ 5,263.98 Yes SPOA10 71" SPOA10N1405BL Lift, 2-post 10,000 lb Asym 2-stage w/flip-up adapters, 71" Rise SPOA10 LIGHT DUTY LS $ 9,294.00 41.0% $ 5,483.46 Yes SPOA10 EH2 SPOA10N1407BL Lift, 2-post 10,000 lb Asym 2-stage w/flip-up adapters EH2 SPOA10 LIGHT DUTY LS $ 10,095.00 41.0% $ 5,956.05 Yes SPOA10-RA SPOA10N16G0BL Lift, 2-post 10,000 lb Asym w/TRIO rubber adapters (To use with framed vehicles, also order T100273.) SPOA10 LIGHT DUTY PS $ 11,435.00 41.0% $ 6,746.65 Yes SPOA10-RA 71" SPOA10N16G5BL Lift, 2-post 10,000 lb Asym w/TRIO rubber adapters 71" Rise SPOA10 LIGHT DUTY PS $ 11,877.00 41.0% $ 7,007.43 Yes SPOA10-RA EH2 SPOA10N16G7BL Lift, 2-post 10,000 lb Asym w/TRIO rubber adapters EH2 SPOA10 LIGHT DUTY PS $ 12,816.00 41.0% $ 7,561.44 Yes SPOA10-TA SPOA10N16T0BL
Lift, 2-post 10,000 lb Asym w/TRIO truck adapters.

Includes (4) 3 1/2" T130660 extensions and (4) 5" T130661 extensions.

SPOA10 LIGHT DUTY PS $ 11,435.00

41.0% $ 6,746.65 Yes
SPOA10-TA 71" SPOA10N16T5BL Lift, 2-post 10,000 lb Asym w/TRIO truck adapters 71" Rise SPOA10 LIGHT DUTY PS $ 11,877.00 41.0% $ 7,007.43 Yes SPOA10-TA EH2 SPOA10N16T7BL Lift, 2-post 10,000 lb Asym w/TRIO truck adapters EH2 SPOA10 LIGHT DUTY PS $ 12,816.00 41.0% $ 7,561.44 Yes SPOA10-FA SPOA10N1600BL Lift, 2-post 10,000 lb Asym w/TRIO flip-up adapters SPOA10 LIGHT DUTY PS $ 11,435.00 41.0% $ 6,746.65 Yes SPOA10-FA 71" SPOA10N1605BL Lift, 2-post 10,000 lb Asym w/TRIO flip-up adapters 71" Rise SPOA10 LIGHT DUTY PS $ 11,877.00 41.0% $ 7,007.43 Yes SPOA10-FA EH2 SPOA10N1607BL Lift, 2-post 10,000 lb Asym w/TRIO flip-up adapters EH2 SPOA10 LIGHT DUTY PS $ 12,816.00 41.0% $ 7,561.44 Yes SPOA7-LP-A SPOA7N5L0BL Lift, 2-post 7000 lb Asym 2-stage low profile RA arms SPOA7 LIGHT DUTY LS $ 9,877.00 41.0% $ 5,827.43 Yes SPOA7-LPA 71" SPOA7N5L5BL Lift, 2-post 7000 lb Asym 2-stage low profile RA arms 71" Rise SPOA7 LIGHT DUTY LS $ 10,256.00 41.0% $ 6,051.04 Yes SPOA7-LPA EH2 SPOA7N5L7BL Lift, 2-post 7000 lb Asym 2-stage low profile RA arms EH2 SPOA7 0 0.00 $ 11,067.00 41.0% $ 6,529.53 Yes SPOA7-MP SPOA7N13X0BL
Lift, 2-post 7000 lb Asym Movable Pad Drive Over.

Includes (4) FJ2428E spacer blocks and hinged approach
ramps. Primarily used on unibody vehicles.

SPOA7 LIGHT DUTY PS $ 13,347.00

41.0% $ 7,874.73 Yes
SPOA7-MP 71" SPOA7N13X5BL Lift, 2-post 7000 lb Asym Movable Pad Drive Over 71" Rise SPOA7 LIGHT DUTY PS $ 15,884.00 41.0% $ 9,371.56 Yes SPOA7-MP EH2 SPOA7N13X7BL Lift, 2-post 7000 lb Asym Movable Pad Drive Over EH2 SPOA7 LIGHT DUTY PS $ 14,518.00 41.0% $ 8,565.62 Yes SPO10 SPO10N1400BL Lift, 2-post 10,000 lb Sym 2-stage w/flip-up adapters SPO10 LIGHT DUTY LS $ 8,922.00 41.0% $ 5,263.98 Yes SPO10 71" SPO10N1405BL Lift, 2-post 10,000 lb Sym 2-stage w/flip-up adapters 71" Rise SPO10 LIGHT DUTY LS $ 9,294.00 41.0% $ 5,483.46 Yes SPO10 EH2 SPO10N1407BL Lift, 2-post 10,000 lb Sym 2-stage w/flip-up adapters EH2 SPO10 LIGHT DUTY LS $ 10,095.00 41.0% $ 5,956.05 Yes SPO12-TA SPO12N14T5BL Lift, 2-post 12,000 lb Sym 3-stage. Includes (4) 3 1/2" FJ6171-1 extensions and (4) 5" FJ6171-2 extensions. SPO12 LIGHT DUTY PS $ 14,472.00 41.0% $ 8,538.48 Yes SPO12-TA EH1 SPO12N14T6BL Lift, 2-post 12,000 lb Sym 3-stage EH1 SPO12 LIGHT DUTY PS $ 15,663.00 41.0% $ 9,241.17 Yes SPO12-TA EH2 SPO12N14T7BL Lift, 2-post 12,000 lb Sym 3-stage EH2 SPO12 LIGHT DUTY PS $ 16,096.00 41.0% $ 9,496.64 Yes SPO12-TA EH3 SPO12N14T8BL Lift, 2-post 12,000 lb Sym 3-stage EH3 SPO12 LIGHT DUTY PS $ 16,910.00 41.0% $ 9,976.90 Yes SPO12-TALC SPO12N14TLBL Lift, 2-post 12,000 lb Sym 3-stage low ceiling SPO12 LIGHT DUTY PS $ 15,170.00 41.0% $ 8,950.30 Yes SPO12-WIDE SPO12N14W6BL Lift, 2-post 12,000 lb Sym 3-stage wide SPO12 LIGHT DUTY PS $ 16,217.00 41.0% $ 9,568.03 Yes SPO12-WIDE-EH1 SPO12N14W7BL Lift, 2-post 12,000 lb Sym 3-stage wide EH1 SPO12 LIGHT DUTY PS $ 17,012.00 41.0% $ 10,037.08 Yes FJ5115 FJ6115BK Adapter kit, aircraft tug lift, 14,000 lb FJ6115 ACC. AC $ 723.00 25.0% $ 542.25 Yes SPO16 SPO16N1T0BL
Lift, 2-post 16,000 lb, Single Phase (no 3-phase) Frame Contact Lift. Clear Floor, All TRIO (TM) Arms, ElectricHydraulic Operation. With Overhead Adjustments of 15 ft., 15 ft. 6 in., 16 ft. and 16 ft. 6 in. Air Operated Single Point Release Locking Latches. Comes with Stack
Adapters.

SPO16 CROSS-OVER PC $ 36,768.00

41.0% $ 21,693.12 Yes
SPO16CARGO SPO16N1A0BL Lift, 2-post 16,000 lb. 3 Stage Arms SPO16 CROSS-OVER PC $ 36,768.00 41.0% $ 21,693.12 Yes SPO16-LC SPO16N1TLBL Lift, 2-post 16,000 lb. low ceiling with overhead adjustments of 13 ft. 6 in. and 14 ft. 6 in. SPO16 CROSS-OVER PC $ 36,768.00 41.0% $ 21,693.12 Yes SPO16CARGO-LC SPO16N1ALBL Lift, 2-post 16,000 lb. low ceiling with overhead adjustments of 13 ft. 6 in. and 14 ft. 6 in. 3 Stage Arms SPO16 CROSS-OVER PC $ 36,768.00 41.0% $ 21,693.12 Yes EXHIBIT 1
1624
SPO20 SPO20N1T0BL
Lift, 2-post 20,000 lb, Single Phase (no 3-phase) Frame Contact Lift. Clear Floor, All TRIO (TM) Arms, ElectricHydraulic Operation. With Overhead Adjustments of 15 ft., 15 ft. 6 in., 16 ft. and 16 ft. 6 in. Air Operated Single Point Release Locking Latches. Comes with Stack
Adapters.

SPO20 CROSS-OVER PC $ 45,584.00

41.0% $ 26,894.56 Yes
SPO20-LC SPO20N1TLBL Lift, 2-post 20,000 lb. low ceiling with overhead adjustments of 13 ft. 6 in. and 14 ft. 6 in. SPO20 CROSS-OVER PC $ 45,584.00 41.0% $ 26,894.56 Yes SPOA10-RASW SPOA10U16G5BL Lift, 2-post 10,000 lb Asym w/TRIO rubber adapters, SW (To use with framed vehicles, also order T100273.) SPOA10 0 0.00 $ 15,657.00 41.0% $ 9,237.63 Yes
SPOA10-TASW EH2 SPOA10U16T7BL Lift, 2-post 10,000 lb Asym w/TRIO truck adapters, SW EH2 SPOA10
0 0.00 $ 17,032.00 41.0% $ 10,048.88 Yes
SPOA10-FASW SPOA10U1605BL Lift, 2-post 10,000 lb Asym w/TRIO flip-up adapters, SW SPOA100 0.00 $ 15,657.00 41.0% $ 9,237.63 Yes SPOA7-MPSW SPOA7U13X5BL
Lift, 2-post 7000 lb Asym w/movable pads, SW Includes
(4) FJ2428E spacer blocks and hinged approach ramps.

Primarily used on unibody vehicles.

SPOA70 0.00 $ 18,975.00

41.0% $ 11,195.25 Yes
SPO12-SW SPO12U14T5BL Lift, 2-post 12,000 lb Sym 3-stage SW Includes (4) 3 1/2" FJ6171-1 extensions and (4) 5" FJ6171-2 extensions. SPO12 0 0.00 $ 18,090.00

41.0% $ 10,673.10 Yes
SPO12-SW EH2 SPO12U14T7BL Lift, 2-post 12,000 lb Sym 3-stage SW EH2 SPO120 0.00 $ 19,713.00 41.0% $ 11,630.67 Yes SPO16-SW SPO16U1T0BL Lift, 2-post 16,000 lb. Shockwave DC Controls & Power. SPO16 CROSS-OVER PC $ 42,456.00 41.0% $ 25,049.04 Yes SPO20-SW SPO20U1T0BL Lift, 2-post 20,000 lb. Shockwave DC Controls & Power. SPO20 CROSS-OVER PC $ 50,782.00 41.0% $ 29,961.38 Yes FJ7923 FJ7923 Latch cable, SS FJ7923 ACC. AC $ 102.00 25.0% $ 76.50 No FA595 FA595BL Power unit splash guard FA595 ACC. AC $ 133.00 25.0% $ 99.75 No FA7129 FA7129BK Power unit bracket extension FA7129BK ACC. AC $ 87.00 25.0% $ 65.25 No FA5208 FA5208BK • Seismic model of the DC(SW) SPOA10 Std. Hgt. lift with TA FA5208BK ACC. AC $ 568.00 25.0% $ 426.00 Yes N2244YL N2244YL Arm kit, 3-stage telescoping arm kit for SPOA9 and SPOA7 200-400 N2244 ACC. AC $ 3,202.00 25.0% $ 2,401.50 Yes
FJ6227 FJ6227BL Retrofit kit, Movable pad for SPOA10-500 series and above. Reduces lift capacity to 7,000 lbs. FJ6227BL ACC. AC $ 8,310.00 25.0% $ 6,232.50 Yes SMO14L SMO14N101YBL Lift, 4-post 14,000 lb open front, 182" max wheel base SMO14T0 0.00 $ 19,573.00 41.0% $ 11,548.07 No SMO14EL2 SMO14N102YBL Lift, 4-post 14,000 lb open front, 215" max wheel base SMO14T LIGHT DUTY LS $ 20,571.00 41.0% $ 12,136.89 No SM14L SM14N101YBL Lift, 4-post 14,000 lb, 182" max wheel base SM14T LIGHT DUTY LS $ 15,052.00 41.0% $ 8,880.68 No SM14EL2 SM14N102YBL Lift, 4-post 14,000 lb, 215" max wheel base SM14T LIGHT DUTY LS $ 16,023.00 41.0% $ 9,453.57 No SM18 SM18N000BL Lift, 4-post 18,000 lb, 194" max wheel base SM18 CROSS-OVER CL $ 24,847.00 41.0% $ 14,659.73 Yes SM18-EL2 SM18N001BL Lift, 4-post 18,000 lb, 230" max wheel base SM18 CROSS-OVER CL $ 27,220.00 41.0% $ 16,059.80 Yes RFL25 RFL25N010BL Lift, 4-post 25,000 lb, 163" max wheel base, Forklift Lift RFL25 CROSS-OVER CL $ 61,684.00 41.0% $ 36,393.56 No SM30-S SM30N010BL Lift, 4-post 30,000 lb, 235" max wheel base SM30 CROSS-OVER CL $ 46,396.00 41.0% $ 27,373.64 Yes SM30-L SM30N011BL Lift, 4-post 30,000 lb, 271" max wheel base SM30 CROSS-OVER CL $ 50,617.00 41.0% $ 29,864.03 Yes SM30-EL3 SM30N012BL Lift, 4-post 30,000 lb, 307" max wheel base SM30 CROSS-OVER CL $ 54,836.00 41.0% $ 32,353.24 Yes SMO14L-SW SMO14U101TYBL Lift, 4-post 14,000 lb open front, 182" max wheel base SW SMO14T0 0.00 $ 23,427.00 41.0% $ 13,821.93 No SMO14EL2-SW SMO14U102TYBL Lift, 4-post 14,000 lb open front, 215" max wheel base SW SMO14T LIGHT DUTY PS $ 24,426.00 41.0% $ 14,411.34 No SM14L-SW SM14U101YBL Lift, 4-post 14,000 lb, 182" max wheel base SW SM14T LIGHT DUTY PS $ 19,109.00 41.0% $ 11,274.31 No SM14EL2-SW SM14U102YBL Lift, 4-post 14,000 lb, 215" max wheel base SW SM14T LIGHT DUTY PL $ 20,077.00 41.0% $ 11,845.43 No X14 X14N0010BL Surface mounted lift, 14,000 lb general service, 198" max wheel base - Available in blue only
00 0.00 $ 41,106.00 41.0% $ 24,252.54 Yes
X14-FM X14N0011BL Flush mount lift, 14,000 lb general service, 198" max wheel base - Available in blue only
00 0.00 $ 41,106.00 41.0% $ 24,252.54 Yes
FC5974 FC5974BL Filler plate, radius gauge, 17.5" opening KIT OF TWO FC5974BL ACC. AC $ 512.00 25.0% $ 384.00 No FC5102 FC5102BL Filler plate, radius gauge, 18 5/16" opening KIT OF TWO FC5102 ACC. AC $ 431.00 25.0% $ 323.25 No RJ6000Y-R RJ6100YM Rolling Jack, 6000 lb. SM121, SM/SMO122 and AR/ARO122 Prior to April 2000 RJ6100YM ACC. AC $ 6,395.00 25.0% $ 4,796.25 Yes RJ7000Y RJ7100YM Rolling Jack, 7000 lb. Includes rubber adapter blocks: (2)

1.5” tall FJ2427E and (2) 3” tall FJ2428E. RJ7100YM ACC. AC $ 7,047.00 25.0% $ 5,285.25 Yes EXHIBIT 1
1625
RJ9000YBK RJ9100YM
Rolling Jack, 9000 lb. For SM18, Includes rubber adapter blocks: (2) .5” tall SB700071Y, (2) 1.5” tall FJ2427E and (2) 3” tall FJ2428E.

RJ9100YM ACC. AC $ 8,024.00

25.0% $ 6,018.00 Yes
RJ9000Y-1BK RJ9000Y-1BK Rolling Jack, 9000 lb. For SM181 Only RJ9000Y-1 ACC. AC $ 7,988.00 25.0% $ 5,991.00 Yes RJ9000Y-2BK RJ9000Y-2BK Rolling Jack, 9000 lb. For SM30 Lifts. For Passenger Cars Trucks Only. RJ9000Y-2 ACC. AC $ 8,907.00 25.0% $ 6,680.25 Yes VSJ30PRU VSJ30PRU Rolling Jack, 7,000 lb for X14 and XA14 VSJ30PRU ACCS WA $ 7,194.00 25.0% $ 5,395.50 Yes RJ152BK RJ152BK
Heavy Duty Rolling Jack, 15,000 lb. For SM30, Series Lifts.

S/T RJ150 but with a lower profile top and drop in
adapters.

RJ152BK ACC. AC $ 18,464.00

25.0% $ 13,848.00 No
S100077Kit S100077Kit Efficiency package includes (2) RJ7000 and Airline Kit (uninstalled) for SM/SMO14. S100077 ACC. AC $ 14,912.00 25.0% $ 11,184.00 No S100016 S100016BL Efficiency package, (2) RJ6000 Rolling Bridges, FA5501-1 Bolt-On Alignment Package S100016 ACC. AC $ 19,323.00 25.0% $ 14,492.25 Yes S100017 S100017BL
Efficiency package includes Two (2) RJ6000 Rolling
Bridges, Airline Kit (uninstalled), bolt-on alignment
package and stainless steel radius gauge for SM/SMO123.

S100017 ACC. AC $ 21,450.00

25.0% $ 16,087.50 No
SB700071Y SB700071Y Adapter, polymer,1/2". Included in FJ2498 kit. SB700071Y ACC. AC $ 32.00 25.0% $ 24.00 No FJ2427 FJ2427 Adapter, polymer, 1-1/2". Included in FJ2439 kit. FJ2427 ACC. AC $ 40.00 25.0% $ 30.00 No FJ2428 FJ2428 Adapter, polymer, 3". Included in FJ2440 kit. FJ2428 ACC. AC $ 54.00 25.0% $ 40.50 No SB100040YL SB100040YL Adapter kit, extended height, SUV straight axle. Kit includes (2) 7” Adapters. For RJ9000Y. SB100040YL ACC. AC $ 282.00 25.0% $ 211.50 No SB100017YL SB100017YL Adapter kit, extended height, SUV straight axle. Kit includes (2) SB300055 7” Adapters. For RJ7000. SB100017 ACC. AC $ 282.00 25.0% $ 211.50 No SB100003YL SB100003YL Adapter kit, extended height, SUV straight axle. Kit includes (2) SB300019 7” Adapters. For RJ6000. SB100003 ACC. AC $ 282.00 25.0% $ 211.50 No FJ6211BK FJ6211BK Adapters, extended, pad lifts. Includes (4) FJ6205 7” truck adapters. FJ6211 ACC. AC $ 622.00 25.0% $ 466.50 Yes
S100151 S100151BL
Ramp chock kit, drive-thru, SM/SMO/ARO14 -100 Series,
SM101. Includes Two (2) S110405Y Ramps (40-1/2”) and
(2) Hinge Pins.

S100151BL ACC. AC $ 1,238.00

25.0% $ 928.50 No
S100152Y S100152YBL
Ramp chock kit, extended, SM/SMO/ARO14 -100, SM101.

Includes Two (2) S110406Y Ramps (49-7/16”) and (2)
Hinge Pins. ($160 Adder Only When Substituted For
Standard Length Ramps On New Lift Order.)
S100152YBL ACC. AC $ 1,274.00

25.0% $ 955.50 No
S100013 S100013BL
Ramp chock kit, extended, SM/AR18. Includes Two (2)
S110085 Ramps and (2) Hinge Pins. ($160 Adder Only
When Substituted For Standard Length Ramps On New
Lift Order.)
S100013 ACC. AC $ 1,760.00

25.0% $ 1,320.00 Yes
FC5825BK FC5825BK Ramp chock Kit, drive-thru, SM18. Includes Two (2) FC5810-43 Ramps and (2) Hinge Pins. FC5825 ACC. AC $ 1,622.00 25.0% $ 1,216.50 No FC5780-3 FC5780-3BL Ramp chock, drive thru, SM300-200, SM30 Series Lifts QTY OF ONE FC5780-3 ACC. AC $ 996.00 25.0% $ 747.00 No
FC5781-7 FC5781-7BL Ramp chock, extended, SM300-200. QTY 1 $733 adder when ordered with lift FC5781-7 ACC. AC $ 1,609.00 25.0% $ 1,206.75 No FC663BK FC663BK Jack tray, rolling SM/SMO122, SM/SMO123, SM/SM014. (Bottle Jacks Are Not Included) FC663 ACC. AC $ 1,178.00 25.0% $ 883.50 No FC613BK FC613BK Jack tray, rolling, SM30. (Bottle Jacks Not Included) FC613 ACC. AC $ 6,121.00 25.0% $ 4,590.75 No FC5378BK FC5378BK Work steps, bolt-on, 4-post FC5378 ACC. AC $ 1,184.00 25.0% $ 888.00 No FC5967BK FC5967BK Drain pan, 30 Gallon rolling, low profile, QL4P, SM/SMO122, SM/SMO14, SM18, YA-12 at 43” setting FC5967 ACC. AC $ 1,830.00 25.0% $ 1,372.50 No FC5968BK FC5968BK Drain pan, 30 Gallon rolling, SM30 FC5968BK ACC. AC $ 2,378.00 25.0% $ 1,783.50 No FC5247 FC5247 Hose, 8 ft oil drain w/QD fitting FC5247 ACC. AC $ 234.00 25.0% $ 175.50 No FC5760-14 FC5760-14 Internal Air Line Kit (retrofit) for all SM/SMO14 Series, SM18, QL12 and Y-Lift FC5760-14 ACC. AC $ 879.00 25.0% $ 659.25 No FC7138 FC7138 Internal Air Line Kit (retrofit) for all X14 and XA14 FC7138 ACC. AC $ 901.00 25.0% $ 675.75 No FC5393BK FC5393KITBK Shim kit, 1/4”, SM/SMO, AR/ARO123, QL Models, SM18, SM30 4" OF SHIMS FC5393 ACC. AC $ 535.00 25.0% $ 401.25 No FC5414 FC5414BK Shim kit, 1/4”, SM/SMO, AR/ARO123, QL Models, SM18, SM30 8" OF SHIMS FC5414 ACC. AC $ 775.00 25.0% $ 581.25 No EXHIBIT 1
1626
S100093 S100093BK Shim kit, front Of SMO14/ARO14, (2) 1/4” & (4) 1/16” Shims. S100093BK ACC. AC $ 431.00 25.0% $ 323.25 Yes
FA5211 FA5211 Turntable, 7500 lb SS FA5211 ACC. AC $ 2,615.00 25.0% $ 1,961.25 No FA5211KIT FA5211KIT Turntable kit, 7500 lb FA5211KIT ACC. AC $ 5,101.00 25.0% $ 3,825.75 Yes TT1001 TT1001KIT Radius gauge kit, 3000 lb, SS. Includes (2) FA5153 S/S radius gauges; and (4) Retaining Bars -- Part # FA5153-1. TT1001KIT ACC. AC $ 3,363.00

25.0% $ 2,522.25 No
FA5155KIT FA5155KIT
Radius gauge kit, 3000 lb. Includes (2) Standard Turning Radius Gauges--Part #FA5157; and (4) Retaining Bars--Part #FA5153-1.

FA5155 ACC. AC $ 2,345.00

25.0% $ 1,758.75 No
S130205 S130205 Radius gauge, 4500 lb, no pointer, SS (2 required) S130205 ACC. AC $ 1,421.00 25.0% $ 1,065.75 No S130237 S130237 Radius gauge, AR18, no pointer, SS (2 required) S130237 ACC. AC $ 1,670.00 25.0% $ 1,252.50 No S100147 S100147 Shield kit, rear SS, AR/ARO14 -100 Series S100147 ACC. AC $ 2,652.00 25.0% $ 1,989.00 No S100148 S100148 Shield kit, front SS, AR/ARO14 -100 Series S100148 ACC. AC $ 2,380.00 25.0% $ 1,785.00 Yes S100096 S100096 Shield kit, rear SS, AR/ARO14 S100096 ACC. AC $ 2,652.00 25.0% $ 1,989.00 No S100095 S100095 Shield kit, front SS, AR/ARO14 S100095 ACC. AC $ 2,380.00 25.0% $ 1,785.00 No FC7118 FC7118 Shield kit, rear SS, AR/ARO12 FC7118 ACC. AC $ 2,071.00 25.0% $ 1,553.25 No S100052 S100052 Shield kit, front SS AR/ARO12 S100052 ACC. AC $ 2,380.00 25.0% $ 1,785.00 No FA647 FA647BL Runway extension, 2 ft, SM/SMO 12,000 lb FA647 ACC. AC $ 1,228.00 25.0% $ 921.00 No S100060 S100060BL Runway extension, 2 ft, SM/SMO 14,000 lb. S100060 ACC. AC $ 1,638.00 25.0% $ 1,228.50 No S100142YBL S100142YBL Runway extension, 2 ft for SM14-100 S100142YBL ACC. AC $ 1,638.00 25.0% $ 1,228.50 No S100012 S100012BL Runway extension, 2 ft SM18/180 S100012 ACC. AC $ 1,638.00 25.0% $ 1,228.50 Yes S100018 S100018BL Runway extension, 3 ft SM300-200/300, SM30 S100018 ACC. AC $ 3,455.00 25.0% $ 2,591.25 No FA641-18 FA641-18BL Runway extension, 3 ft SM300-100 FA641-18 ACC. AC $ 4,670.00 25.0% $ 3,502.50 No ARO14L ARO14N101YBL Lift, 4-post 14,000 lb alignment, open front, 182" max wheel base ARO14T
0 0.00 $ 46,818.00 41.0% $ 27,622.62 No
ARO14-EL2 ARO14N102TYBL Lift, 4-post 14,000 lb alignment, open front, 215" max wheel base ARO14T LIGHT DUTY LS $ 47,641.00 41.0% $ 28,108.19 No AR18 AR18N110BL Lift, 4-post 18,000 lb alignment, 194" max wheel base AR18 CROSS-OVER CL $ 49,770.00 41.0% $ 29,364.30 Yes AR18-EL AR18N111BL Lift, 4-post 18,000 lb alignment, 230 max wheel base AR18 CROSS-OVER CL $ 53,494.00 41.0% $ 31,561.46 Yes ARO14L-SW ARO14U101YBL Lift, 4-post 14,000 lb alignment, open front SW, 182" max wheel base SW ARO14T
0 0.00 $ 50,163.00 41.0% $ 29,596.17 No
ARO14-EL2-SW ARO14U102TYBL Lift, 4-post 14,000 lb alignment, open front SW, 215" max wheel base SW ARO14T LIGHT DUTY PS $ 50,985.00 41.0% $ 30,081.15 No S100130-L S100130MBL Alignment kit, bolt-on SM/SMO14-100 Series w/SS radius gauges, slip plates 182" WB S100130MBL ACC. AC $ 12,875.00 25.0% $ 9,656.25 No S100131-EL2 S100131MBL Alignment kit, bolt-on SM/SMO14-100 Series w/SS radius gauges, slip plates 215" WB S100131MBL ACC. AC $ 13,715.00 25.0% $ 10,286.25 No S100136-L S100136MBL Alignment kit, bolt-on SM/SMO14-100 Series w/slip plates 182" WB S100136MBL ACC. AC $ 6,408.00 25.0% $ 4,806.00 No S100171 S100171BL Alignment Bolt On SM/SMO14 Series S100171BL ACC. AC $ 16,507.00 25.0% $ 12,380.25 No S100137-EL2 S100137MBL Alignment kit, bolt-on SM/SMO14-100 Series w/slip plates 215" WB S100137MBL ACC. AC $ 7,265.00 25.0% $ 5,448.75 No S100182 S100182BL Alignment kit, bolt-on SM18 w/SS steel radius gauges, slip plates 194" WB S100182BL ACC. AC $ 11,073.00 25.0% $ 8,304.75 No S100181 S100181BL Alignment kit, bolt-on SM18-EL2 w/SS steel radius gauges, slip plates 230" WB S100181BL ACC. AC $ 11,256.00 25.0% $ 8,442.00 No FA5501-1 FA5501-1BL
Alignment kit, Smart Lift DOR style lift. Kit consists of Bolton Kit, front turning Stainless Steel Radius Gauge Kit, rear slip plate kit, leveling legs, and all necessary hardware (drilling and tapping required). Recommended for use
with (2) Rolling Jacks for performing 4-Wheel Alignment.

FC7117 kit.

FA5501-1 ACC. AC $ 7,877.00

25.0% $ 5,907.75 No
FC7125 FC7125BL
A Wheel Alignment w/ Rollback Conversion Package For
SM30 Series Lifts Including: (1) FC5394 Heavy Duty Carbon Steel Turntables (Pair) And Guides; (2) Front/Rear
Rollback Plates; (1) FC5395 Heavy Duty Bolt On Work Step Kit; Recoil Hose; Necessary Hardware And Instructions.
(Drilling Required.)
FC7125BL ACC. AC $ 11,517.00

25.0% $ 8,637.75 No
FC7117 Kit PK304FC7117Y Filler adapter kit, alignment rack PK304FC711 ACC. AC $ 95.00 25.0% $ 71.25 Yes EXHIBIT 1
1627
R1070 Pro CCD RWA7080WS 8-CCD sensor wheel alignment with infra-red transmission among measuring heads RWA7080 CHANGER/BAL/ALIGNERS WS $ 24,906.00 41.0% $ 14,694.54 No R1085 RWA3D1085 Portable 3D Wheel Aligner System RWA1085 CHANGER/BAL/ALIGNERS WS $ 33,702.00 41.0% $ 19,884.18 No R1090 RWA3D1090 Portable 3D Wheel Aligner System RWA1090 CHANGER/BAL/ALIGNERS WS $ 41,474.00 41.0% $ 24,469.66 No R5000HD CTAPRO RWA8060TWS Commercial Truck Aligner RWA8060TWS CHANGER/BAL/ALIGNERS WS $ 54,671.00 41.0% $ 32,255.89 No STDA117 STDA117 Set of two sensor support kits for model R1080 STDA117 ACCS WA $ 493.00 25.0% $ 369.75 No XA14 XA14N0110BL
Surface mounted lift, 14,000 lb alignment, 198" max
wheel base, air locking rear slip-plates, jacks and internal air included.
0 0 0.00 $ 57,141.00

41.0% $ 33,713.19 NO
XA14-FM XA14N0111BL
Flush mount lift, 14,000 lb alignment, 198" max wheel
base, air locking rear slip-plates, jacks and internal air included.
0 0 0.00 $ 57,141.00

41.0% $ 33,713.19 No
Z100006 Z100006BL Ramps, rear, extended (add $160 when ordering with lift in place of standard ramps). Z100006BL ACC. AC $ 1,507.00 25.0% $ 1,130.25 Yes Z100007 Z100007BL Ramps, rear, flush (add $160 when ordering with lift in plac Z100007BL ACC. AC $ 1,507.00 25.0% $ 1,130.25 Yes Z100008 Z100008BL Ramps, front, standard drive thru, 54" Z100008BL ACC. AC $ 1,479.00 25.0% $ 1,109.25 Yes Z100009 Z100009BL Ramps, front, extended drive thru, 70" Z100009BL ACC. AC $ 1,538.00 25.0% $ 1,153.50 Yes Z100010 Z100010BL Ramps, flush front drive thru Z100010BL ACC. AC $ 1,538.00 25.0% $ 1,153.50 Yes Z100011 Z100011BL Slip plate refurbish kit, rear Z100011BL PARTS AP $ 2,652.00 25.0% $ 1,989.00 Yes Z100012 Z100012BK Shim kit, 2 1/4" total Z100012BK ACC. AC $ 702.00 25.0% $ 526.50 Yes Z100013 Z100013BK Shim kit, 2" total Z100013BK ACC. AC $ 702.00 25.0% $ 526.50 Yes Z100014 Z100014 Slip plate base kit, rear, SS Z100014 ACC. AC $ 7,042.00 25.0% $ 5,281.50 Yes Z100017 Z100017KITYL Hose relocate kit Z100017KIT ACC. AC $ 771.00 25.0% $ 578.25 Yes Z100020 Z100020BK Spacer tool Z100020BK ACC. AC $ 210.00 25.0% $ 157.50 Yes FA5157 FA5157KIT Radius gauge, carbon steel QTY OF ONE FA5157 ACC. AC $ 1,366.00 25.0% $ 1,024.50 Yes Z100022 Z100022BL Radius gauge filler kit, Y-Lift Z100022BL ACC. AC $ 635.00 25.0% $ 476.25 Yes RLP77 RLP77N0000MBL Lift, double scissor Fixed Pad. Available in colors of blue, re RLP77 LIGHT DUTY LS $ 24,901.00 41.0% $ 14,691.59 No XX100018 XX100018 Hose kit 4.5' extension (1.5mm). XX100018 ACC. AC $ 218.00 25.0% $ 163.50 No XX100019 XX100019 Hose kit 8' extension (2.5mm). XX100019 ACC. AC $ 259.00 25.0% $ 194.25 No XX100032 XX100032YL Long Ramp Kit XX100032YL ACC. AC $ 2,113.00 25.0% $ 1,584.75 No XX100003BK XX100003BK Flush mount kit. XX100003BK ACC. AC $ 957.00 25.0% $ 717.75 No VLXS10 VLXS10000BL Lift, 10,000 lb fixed pad low rise 0 0 0.00 $ 9,478.00 41.0% $ 5,592.02 No N257KITYL N257KITYL Arm kit, TL07-200/400 Series to flip-up style N257 ACC. AC $ 2,964.00 25.0% $ 2,223.00 Yes N2206YL N2206YL Arm kit, TL07-500 Series to flip-up style N2206 ACC. AC $ 2,964.00 25.0% $ 2,223.00 Yes FJ5123YL FJ5123YL Rail Bolster Kit for SPO9-200/400 Series, 7000 lbs FJ5123 ACC. AC $ 8,538.00 25.0% $ 6,403.50 Yes FJ5204YL FJ5204YL Rail Bolster Kit for SPO10-500 Series and about, 7000 lbs FJ5204 ACC. AC $ 8,538.00 25.0% $ 6,403.50 Yes MW-200 MW-200 Wheel lift, 200 lbs air operated. Includes air hose and auxiliary air tool connection. MW-200 ACC. AC $ 3,556.00 25.0% $ 2,667.00 No MW-500 MW-500 Wheel lift, 500 lbs air operated. Includes air hose and auxiliary air tool connection. MW-500 ACC. AC $ 5,873.00 25.0% $ 4,404.75 No FA5310 FA5310
Crossbeam Kit, Movable Pad Lifts. Kit comes with (2)
FA5306 Aluminum Crossbeams, (4) FJ2427E 1 1/2" and (4)
FJ2428E 3" Rubber Pad Adapters and (4) FJ6211BK 7"
Extended Height Adapters.

FA5310 ACC. AC $ 3,638.00

25.0% $ 2,728.50 No
FJ2498 FJ2498 Adapter kit, polymer pad, 1/2" . Includes (4) SB700071Yspacer blocks. FJ2498 ACC. AC $ 106.00 25.0% $ 79.50 Yes FJ2439 FJ2439 Adapter kit, polymer pad, 1 1/2". (Kit Includes (4) FJ2427E Adapters.) FJ2439 ACC. AC $ 138.00 25.0% $ 103.50 Yes
FJ2440 FJ2440 Adapter kit, polymer pad, 3". Includes (4) FJ2428E spacer blocks. FJ2440 ACC. AC $ 197.00 25.0% $ 147.75 Yes
S100046 S100046BK Power unit bracket to move power unit to front of column S100046 ACC. AC $ 69.00 25.0% $ 51.75 Yes S100130MBL S100130MBL Alignment bolt-on kit, RFP14-100 series S100130MBL ACC. AC $ 12,875.00 25.0% $ 9,656.25 No S100150YBL S100150YBL Ramps, drive-thru, RFP14 S100150YBL ACC. AC $ 1,069.00 25.0% $ 801.75 Yes SH4D-5555 SH4D-5555 Drip tray, RFP9, (4) required for complete coverage SH4D-5555 ACC. AC $ 49.00 25.0% $ 36.75 Yes SH4D-6000G SH4D-6000G Ramp, drive-thru, RFP9 SH4D-6000G ACC. AC $ 252.00 25.0% $ 189.00 Yes SH4D-8050 SH4D-8050 Jack tray, RFP9 SH4D-8050 ACC. AC $ 328.00 25.0% $ 246.00 Yes SH4D-9000 SH4D-9000 Solid deck flooring panel, RFP9, requires (8) per lift SH4D-9000 ACC. AC $ 256.00 25.0% $ 192.00 Yes H4D-8000 H4D-8000 Solid deck flooring panel, RFP8, requires (8) per lift H4D-8000 ACC. AC $ 142.00 25.0% $ 106.50 Yes EXHIBIT 1
1628
TPB10-D1 TPB10-D1 Door Bumper Kit includes (2) PV-3005 bumpers and hardware TPB10-D1 ACC. AC $ 104.00 25.0% $ 78.00 Yes
T100285BK T100285BK Adapter kit, truck w/rack T100285BK ACC. AC $ 753.00 25.0% $ 564.75 Yes FJ6257 FJ6257KIT
3-Stage or 2-Stage Adapter (2) for 2019 GM Trucks,
Revolution R10/RTP10 400 Series, Revolution R12/RTP12
300 Series
FJ6257KIT ACC. AC $ 976.00

25.0% $ 732.00 Yes
RJ35BK RJ35BK Rolling jack, 3500 lb RJ35 ACC. AC $ 1,992.00 25.0% $ 1,494.00 Yes RRJ45G RRJ45G Rolling jack, 4500 lb RRJ45G ACC. AC $ 2,810.00 25.0% $ 2,107.50 Yes RRJ70GBK RRJ71GBK Rolling jack, 7000 lb RRJ71GM0 DA $ 5,359.00 41.0% $ 3,161.81 Yes M110108BK M110108BK Cart, fore and aft frame lifting kit for storage and moving. M110108BK ACC. AC $ 1,674.00 25.0% $ 1,255.50 Yes M140148BK M140148BK Light, 24VDC LED service lamp kit (2 rectangular lamps), MCH13 M140148BK ACC. AC $ 1,541.00 25.0% $ 1,155.75 Yes M140014 M140014 Service Chip for standard MCH’s ONLY (required to program MCH's). M140014 ACC. AC $ 89.00 25.0% $ 66.75 Yes M120304BK M120304BK Large wheel adapter (per column). Raises vehicle for greater access by lift forks. M120304BK ACC. AC $ 255.00 25.0% $ 191.25 Yes M140107 M140107 Analog Weight gauge for MCH13. M140107 ACC. AC $ 355.00 25.0% $ 266.25 Yes M140150 M140150BK Pallet Jack Assembly for a MCH Column. Black only. Will fit 13k-19k columns. M140150BK ACC. AC $ 694.00 25.0% $ 520.50 Yes SL210-MP8 SL210N8X0BL
Lift, 8000 lb SmartLift w/moveable pads Includes (4) 3" FJ2428E, (4) 1-1/2" FJ2427E spacer blocks and the
FJ2487E rubber pad kit.

SL210 LIGHT DUTY PL $ 20,319.00

41.0% $ 11,988.21 Yes
SL210-FA SL210N10G0BL Lift, 10,000 lb SmartLift w/flip-up adapters SL2100 0.00 $ 20,319.00 41.0% $ 11,988.21 Yes SL210-RA SL210N10G0BL Lift, 10,000 lb SmartLift w/rubber adapters (To use with framed vehicles, also order T100273.) SL210 LIGHT DUTY PL $ 20,319.00 41.0% $ 11,988.21 Yes SL210-TA SL210N10T0BL Lift, 10,000 lb SmartLift w/truck adapters Includes (4) 3 1/2" T130660 extensions and (4) 5" T130661 extensions. SL210 LIGHT DUTY PL $ 20,319.00

41.0% $ 11,988.21 Yes
SL212-TA SL212N1010BL Lift, 12,000 lb SmartLift w/truck adapters Includes (4) 3 1/2" T130660 extensions and (4) 5" T130661 extensions. SL212 LIGHT DUTY PL $ 26,262.00

41.0% $ 15,494.58 Yes
SL210i-MP8 SL210IN8X0BL Lift, 8000 lb SmartLift w/moveable pads, inbay SL210I LIGHT DUTY PL $ 21,162.00 41.0% $ 12,485.58 Yes SL210i-FA SL210IN1000BL Lift, 10,000 lb SmartLift w/flip-up adapters, inbay SL210I LIGHT DUTY PL $ 18,274.00 41.0% $ 10,781.66 Yes SL210i-RA SL210IN10G0BL Lift, 10,000 lb SmartLift w/rubber adapters, inbay (To use with framed vehicles, also order T100273.) SL210I LIGHT DUTY PL $ 21,162.00 41.0% $ 12,485.58 Yes SL210i-TA SL210IN10T0BL
Lift, 10,000 lb SmartLift w/truck adapters, inbay Includes (4) 3 1/2" T130660 extensions and (4) 5" T130661
extensions.

SL210I LIGHT DUTY PL $ 21,162.00

41.0% $ 12,485.58 Yes
SL212i-TA SL212IN1010BL
Lift, 12,000 lb SmartLift w/truck adapters, inbay Includes (4) 3 1/2" T130660 extensions and (4) 5" T130661
extensions.

SL212I LIGHT DUTY PL $ 27,151.00

41.0% $ 16,019.09 Yes
T110577 T110577 Inbay parts box components. Includes power unit/inbay control box, hardware. T110577 PARTS BP $ 7,035.00 25.0% $ 5,276.25 Yes SL210-MP8SW SL210U8X0BL
Lift, 8000 lb SmartLift w/movable pads, SW Includes (4) 3" FJ2428E, (4) 1-1/2" FJ2427E spacer blocks and the
FJ2487E rubber pad kit.

SL2100 0.00 $ 23,729.00

41.0% $ 14,000.11 Yes
SL210-FASW SL210U1000BL Lift, 10,000 lb SmartLift w/TRIO flip-up adapters, SW SL2100 0.00 $ 23,729.00 41.0% $ 14,000.11 Yes SL210-RASW SL210U10G0BL Lift, 10,000 lb SmartLift w/TRIO rubber adapters, SW (To use with framed vehicles, also order T100273.) SL210
0 0.00 $ 23,729.00 41.0% 14,000 Yes
SL210-TASW SL210U10T0BL
Lift, 10,000 lb SmartLift w/TRIO truck adapters, SW
Includes (4) 3 1/2" T130660 extensions and (4) 5" T130661 extensions.

SL2100 0.00 $ 23,729.00

41.0% $ 14,000.11 Yes
SL212-TASW SL212U1110BL
Lift, 12,000 lb SmartLift w/TRIO truck adapters, SW
Includes (4) 3 1/2" T130660 extensions and (4) 5" T130661 extensions.

SL2120 0.00 $ 29,329.00

41.0% $ 17,304.110 Yes
T110555 T110555BK
Shockwave Inground Portion Only For Split SL Orders --
Both Conventional and LDS (Liquid Detection System)
Versions. LDS on workbench only.

T110555BK LIGHT DUTY PL $ 14,680.00

41.0% $ 8,661.20 Yes
EXHIBIT 1
1629
SL210-MP8SW finish SL210U8X0FBL
Finish kit, 8000 lb SmartLift w/movable pads, SW, Includes (4) 1 1/2" FJ2427E spacer blocks, (4) 3" FJ2428E spacer blocks and mounting hardware. Also includes FJ2487E
rubber pad kit.

SL2100 0.00 $ 9,049.00

41.0% $ 5,338.91 Yes
SL210-FASW finish SL210U1000FBL Finish kit, 10,000 lb SmartLift w/TRIO flip-up adapters, SW SL2100 0.00 $ 9,049.00 41.0% $ 5,338.91 Yes SL210-RASW finish SL210U10G0FBL Finish kit, 10,000 lb SmartLift w/TRIO rubber adapters, SW (To use with framed vehicles, also order T100273.) SL210 0 0.00 $ 9,049.00 41.0% $ 5,338.91 Yes
SL210-TASW finish SL210U10T0FBL
Finish kit, 10,000 lb SmartLift w/TRIO truck adapters, SW, Includes (4) 3 1/2" T130660 extensions and (4) 5" T130661 extensions.

SL2100 0.00 $ 9,049.00

41.0% $ 5,338.91 Yes
T100275 T100275BK
Completion kit, SL210 and SL212 SW, Contains 8 1/2"
plungers, equalizers, guide barrels, cylinders, hoses, lock components and hardware. To make a complete lift also
requires a future/relocation kit (T110177) and a finish kit.

No power unit included.

T100275BK LIGHT DUTY PL $ 11,891.00

41.0% $ 7,015.69 Yes
T100276 T100276BK Retrofit kit, SW for SL210 500 series and above, arm style T100276 ACC. AC $ 8,082.00 25.0% $ 6,061.50 No T100277 T100277BK Retrofit kit, SW for SmartLifts, moveable pad style T100277 ACC. AC $ 8,082.00 25.0% $ 6,061.50 No T100281 T100281BK Retrofit kit, SW bench controls for SmartLifts, arm style T100281BK ACC. AC $ 9,666.00 25.0% $ 7,249.50 No T100282 T100282BK Retrofit kit, SW bench controls for SmartLifts, moveable pad style T100282BK ACC. AC $ 9,666.00 25.0% $ 7,249.50 No T100290BK T100290BK Conversion kit, SL210 Shockwave bench control T100290BK ACC. AC $ 7,497.00 25.0% $ 5,622.75 Yes T100291BK T100291BK Conversion kit, SL212 Shockwave bench control T100291BK ACC. AC $ 7,497.00 25.0% $ 5,622.75 Yes T110606 T110606BK Pedestal kit, SmartLift DC Control (no cost if ordered with lift) T110606BK ACC. AC $ 361.00 25.0% $ 270.75 No
FJ864BK FJ864BK Power unit stand, low rise lifts FJ864 ACC. AC $ 190.00 25.0% $ 142.50 No T110280BK T110280BK Power unit stand, SmartLift, 1 phase T110280 ACC. AC $ 361.00 25.0% $ 270.75 No T110165BK T110165BK Power unit stand, 3 phase One Touch controls -- no cost when ordering a lift T110165 ACC. AC $ 489.00 25.0% $ 366.75 Yes T110425 T110425BK Inground Portion Only For Split SL Orders, Conventional and LDS T110425 LIGHT DUTY PL $ 14,273.00 41.0% $ 8,421.07 Yes SL210-MP8 finish SL210N8X0FBL
Finish kit, 8000 lb SmartLift w/movable pads, Includes (4) FJ2427E 1-1/2" spacer blocks, (4) FJ2428E 3" spacer
blocks, mounting hardware.

SL210F LIGHT DUTY PL $ 6,046.00

41.0% $ 3,567.14 Yes
SL210-RA finish SL210N10G0FBL Finish kit, 10,000 lb SmartLift w/TRIO rubber adapters (To use with framed vehicles, also order T100273.) SL210F LIGHT DUTY PL $ 6,046.00 41.0% $ 3,567.14 Yes SL210-TA finish SL210N10T0FBL
Finish kit, 10,000 lb SmartLift w/TRIO truck adapters
Includes (4) 3 1/2" T130660 extensions and (4) 5" T130661 extensions.

SL210F LIGHT DUTY PL $ 6,046.00

41.0% $ 3,567.14 Yes
SL212-TA finish SL212N1010FBL
Finish kit 12,000 lb SmartLift w/TRIO truck adapters
Includes (4) 3 1/2" T130660 extensions and (4) 5" T130661 extensions.

SL212F LIGHT DUTY PL $ 11,652.00

41.0% $ 6,874.68 Yes
SL210i-MP8 finish SL210IN8X0FBL
Finish kit, 8000 lb SmartLift w/movable pads, inbay,
Includes (4) FJ2427E 1-1/2" spacer blocks, (4) FJ2428E 3" spacer blocks, mounting hardware and liquid detection
system.

SL210IF LIGHT DUTY PL $ 6,889.00

41.0% $ 4,064.51 Yes
SL210i-FA finish SL210IN1000FBL Finish kit, 10,000 lb SmartLift w/TRIO flip-up adapters, inbay SL210IF LIGHT DUTY PL $ 5,949.00 41.0% $ 3,509.91 Yes SL210i-RA finish SL210IN10G0FBL Finish kit, 10,000 lb SmartLift w/TRIO rubber adapters, inbay (To use with framed vehicles, also order T100273.) SL210IF LIGHT DUTY PL $ 6,889.00

41.0% $ 4,064.51 Yes
SL210i-TA finish SL210IN10T0FBL
Finish kit, 10,000 lb SmartLift w/TRIO truck adapters,
inbay Includes (4) 3 1/2" T130660 extensions and (4) 5" T130661 extensions.

SL210IF LIGHT DUTY PL $ 6,889.00

41.0% $ 4,064.51 Yes
SL212i-TA finish SL212IN1010FBL
Finish kit 12,000 lb SmartLift w/TRIO truck adapters, inbay Includes (4) 3 1/2" T130660 extensions and (4) 5" T130661 extensions.

SL212IF LIGHT DUTY PL $ 12,776.00

41.0% $ 7,537.84 Yes
T100249 T100249BK
Superstructure kit, Moveable-pad for Smart lifts with 8 1/2" piston diameter, Includes (4) FJ2427E 1-1/2" spacer blocks, (4) FJ2428E 3" spacer blocks, spotting dish, relief valve and mounting hardware.

T100249 ACC. AC $ 4,980.00

25.0% $ 3,735.00 No
EXHIBIT 1
1630
T100270 T100270BK
Superstructure kit, TRIO FA SL210-400 series and above, Includes adapters, spotting dish, arm pins and mounting hardware.

T100270BK ACC. AC $ 4,980.00

25.0% $ 3,735.00 Yes
T100268 T100268BK
Superstructure kit, TRIO RA SL210-400 series and above, Includes adapters, spotting dish, arm pins and mounting hardware.

T100268BK ACC. AC $ 4,980.00

25.0% $ 3,735.00 No
T100269 T100269BK
Superstructure kit, TRIO TA SL210-400 series and above, Includes adapters, spotting dish, arm pins and mounting hardware.

T100269BK ACC. AC $ 4,980.00

25.0% $ 3,735.00 No
T100107 T100107BK Superstructure kit, SL212, Includes adapters, spotting dish, arm pins and mounting hardware. T100107BK ACC. AC $ 6,920.00 25.0% $ 5,190.00 No T100210 T100210BK
Superstructure kit, 3-stage SL29-300 series and below,
Includes adapters, spotting dish, arm pins and mounting hardware.

T100210BK ACC. AC $ 4,909.00

25.0% $ 3,681.75 Yes
T110177 T110177BK Future kit, SL210/212 500 series and later T110177 LIGHT DUTY LP $ 7,360.00 41.0% $ 4,342.40 Yes T100094 T100094BK Completion Kit for 6” plunger for T110126 Relocation Kit.

Does not include superstructure. T100094 LIGHT DUTY LL $ 12,031.00 41.0% $ 7,098.29 Yes T100035 T100035BK
Superstructure kit for 6” plunger completion kits, includes 2 Yokes, 4 Swinging Arms, 4 Swivel Three-Position Frame Contact Adapters, Wheel Dish and Yoke Bolts.

T100035 ACC. AC $ 3,532.00

25.0% $ 2,649.00 Yes
T100239 T100239BK
Completion kit, SL210, SL210i, SL212 and SL212i for
T110177 future kit. Contains 8 1/2” plungers, equalizers, guide barrels, cylinders, hoses, lock compoents, and
hardware. To make a complete lift this kit also requires a future/relocation kit and a finish/kit. No power unit
included.

T100239 LIGHT DUTY LP $ 8,586.00

41.0% $ 5,065.74 Yes
T110270 T110270BK Gasket and cover kit for 400 SL Models. No charge when ordering with completion kit T110270BK ACC. AC $ 850.00 25.0% $ 637.50 Yes T100236 T100236BK Inbay liquid detection system - Conversion Kit for SL210, SL212 and SL29 T100236 ACC. AC $ 2,695.00 25.0% $ 2,021.25 Yes T100011 Hose Kit T100011 Hose kit, pre-cut 25' hydraulic hose, air regulator T100011 ACC. AC $ 503.00 25.0% $ 377.25 Yes T140072 T140072 Grease, Mobil 1 SHC1500 12.5 oz. cartridge T140072 ACC. AC $ 46.00 25.0% $ 34.50 Yes FA5700 FA5700 Light kit, LED, Four 48" wands w/magnetic clips FA5700 ACC. AC $ 1,665.00 25.0% $ 1,248.75 No FA5701 FA5701 Light kit, Two 32" wands w/magnetic clips FA5701 ACC. AC $ 991.00 25.0% $ 743.25 No FA5702 FA5702 Light, Rechargeable LED handheld FA5702 ACC. AC $ 275.00 25.0% $ 206.25 No FA7815 FA7815 Retrofit kit, Spotline™ laser spotting FA7815 ACC. AC $ 1,095.00 25.0% $ 821.25 No FA834-KIT FA834-KIT
Locklight kit, 110 volt. Comes with indicator light
assembly, pressure switch, mounting bracket and 10’ of
electrical wire. 110V AC.

FA834-KIT ACC. AC $ 691.00

25.0% $ 518.25 No
FA835-KIT FA835-KIT
Locklight kit, 220 volt. Comes with indicator light
assembly, pressure switch, mounting bracket and 10’ of
electrical wire. 220V AC.

FA835-KIT ACC. AC $ 691.00

25.0% $ 518.25 No
FJ6115BK FJ6115BK
Adapter kit, extended height w/rack. 2,500 lb capacity
maximum per adapter. Includes (4) FJ696 Adapters and 2
Piece Column or Wall-Mounted Adapter Rack FJ6114.

FJ6115 ACC. AC $ 723.00

25.0% $ 542.25 No
FJ6212KITYL FJ6212KITYL
Adapter kit, extended height w/rack. 2,500 lb. capacity per adapter. Kit includes a set of (4) FJ6212 adapters and 2 piece column or wall mounted adapter rack FJ6114.

FJ6212 ACC. AC $ 648.00

25.0% $ 486.00 No
FJ6195YL FJ6195YL Adapter kit, extended height. 2,500 lb capacity per adapter. Includes a set of (2) FJ6196 adapters. FJ6195 ACC. AC $ 483.00 25.0% $ 362.25 No FJ6133BK FJ6133BK
Adapter kit, extended height w/rack. 2,500 lb maximum
capacity per adapter. Includes (4) FJ6101 Adapters and 2 Piece Column or Wall-Mounted Adapter Rack FJ6114.

FJ6133 ACC. AC $ 764.00

25.0% $ 573.00 No
FJ6137BK FJ6137BK
Adapter kit, extended height polymer w/rack. Includes
(4) FJ7858 Adapters and 2 Piece Column or WallMounted Adapter Rack FJ6114.

FJ6137 ACC. AC $ 835.00

25.0% $ 626.25 No
EXHIBIT 1
1631
FJ6138BK FJ6138BK
Adapter kit, 1/2" polymer w/rack. Includes (4) FJ697
Adapters, 2 Piece Column or Wall-Mounted Adapter Rack
FJ6142.

FJ6138 ACC. AC $ 446.00

25.0% $ 334.50 No
FJ6190YL FJ6190YL
Adapter kit, 1" polymer w/rack. Includes (4) FJ6189
Adapters, 2 Piece Column or Wall-Mounted Adapter Rack
FJ6142.

FJ6190 ACC. AC $ 469.00

25.0% $ 351.75 No
FJ6139BK FJ6139BK
Adapter kit, 2.5" polymer w/rack. Includes (4) FJ698
Adapters, 2 Piece Column or Wall-Mounted Adapter Rack
FJ6142.

FJ6139 ACC. AC $ 469.00

25.0% $ 351.75 No
FJ6100BK FJ6100BK
Adapter kit w/rack. Includes (4) FJ696, (4) FJ697 And (4) FJ698 Plus 2 Piece Column or Wall-Mounted Adapter
Organizer Rack Part #FJ6108.

FJ6100 ACC. AC $ 1,407.00

25.0% $ 1,055.25 No
FJ6104BK FJ6104BK
Adapter kit w/rack. Includes (4) FJ6101, (4) FJ697 And (4) FJ698 Plus 2 Piece Column or Wall-Mounted Adapter
Organizer Rack Part #FJ6108.

FJ6104 ACC. AC $ 1,456.00

25.0% $ 1,092.00 No
FJ6105BK FJ6105BK
Adapter kit w/rack. Includes (2) FJ696, (2) FJ6101, (4) FJ697, (4) FJ698 Plus 2 Piece Column or Wall-Mounted
Adapter Organizer Rack Part #FJ6108.

FJ6105 ACC. AC $ 1,438.00

25.0% $ 1,078.50 No
FJ6117BK FJ6117BK
Adapter kit w/rack. Includes (4) FJ7858, (4) FJ697, (4) FJ698 Plus 2 Piece Column Adapter Organizer Rack Part
#FJ6108.

FJ6117 ACC. AC $ 1,480.00

25.0% $ 1,110.00 No
FJ6197 FJ6197 Adapter kit, (4) FJ6214, 3-stage arms FJ6197 ACC. AC $ 736.00 25.0% $ 552.00 Yes FJ6225 FJ6225 Adapter kit, (4) FJ6202, 3-stage arms FJ6225 ACC. AC $ 736.00 25.0% $ 552.00 No FJ71015-1kit FJ71015-1kit Passenger Vehicle Adapter kit, (4) low profile adapters for SPO16, CAPACITY 2,750 lbs. each FJ71015-1K ACC. AC $ 915.00 25.0% $ 686.25 No FJ71016-1kit FJ71016-1kit Passenger Vehicle Adapter kit, (4) low profile adapters for SPO20, CAPACITY 2,750 lbs. each FJ71016-1K ACC. AC $ 915.00 25.0% $ 686.25 No FJ7880BK FJ7880BBK
Adapter kit, stackable pins w/rack, 3-stage arms. Includes four (4) FJ6171-1 (3.5" tall extension), four (4) FJ6171-2 (5" tall extension) and FJ6127 rack kit with mounting
hardware.

FJ7880BBK ACC. AC $ 557.00

25.0% $ 417.75 Yes
FJ6200 FJ6200 Adapter kit, (4) FJ6201, SPO12-10, 300-500 FJ6200 ACC. AC $ 937.00 25.0% $ 702.75 No FJ6258 FJ6258KIT
3-Stage Adapter (2) for 2019 GM Trucks, SPO10/SPOA10-
RA/TA with 3-Stage arms, SPO12/500-700 Series, SL210-
RA/TA with 3-Stage Arms, SL212/1000 Series
FJ6258KIT ACC. AC $ 976.00

25.0% $ 732.00 No
FJ6259 FJ6259KIT Flip-up Adapter for 2019 GM Trucks, SPOA10/SPO10, SL210-FA, any Rotary lifts with flip adapters FJ6259KIT ACC. AC $ 1,778.00 25.0% $ 1,333.50 No T100271 T100271BK
Adapter kit, stackable pins for TRIO w/rack. Includes four (4) T130660 (3.5" tall extension) and four (4) T130661 (5" tall extension) and (2) T130683 rack kit with mounting
hardware.

T100271BK ACC. AC $ 570.00

25.0% $ 427.50 No
T100272 T100272 Adapter kit, round rubber for the TRIO Superstructure.

Includes four (4) FJ6219 adapters. T100272 ACC. AC $ 753.00 25.0% $ 564.75 No T100273 T100273 Adapter kit, truck for TRIO Superstructure. Includes four (4) T110564 adapters. T100273 ACC. AC $ 753.00 25.0% $ 564.75 No T100274 T100274 Adapter kit, Flip-up for TRIO Superstructure (except SL212). Includes components for four (4) arms. T100274 ACC. AC $ 753.00 25.0% $ 564.75 No N539 N539 Column base cover plate, SPOA7/A9 -200 plus, SPOA10 N539 ACC. AC $ 92.00 25.0% $ 69.00 No FA5911BK FA5911BK Air/Electric utility box w/FRL, 2-post lifts FA5911 ACC. AC $ 995.00 25.0% $ 746.25 No FA5910BK FA5910BK Air/Electric utility box, 2-post lifts FA5910 ACC. AC $ 626.00 25.0% $ 469.50 No FA915 FA915 Air/Electric utility box w/FRL, 4-post lifts FA915 ACC. AC $ 996.00 25.0% $ 747.00 No FA916KIT FA916KIT Air/Electric utility box, 4-post lifts FA916 ACC. AC $ 621.00 25.0% $ 465.75 No FA2259BK FA2259BK Air/Electric utility box w/FRL, SM30 FA2259 ACC. AC $ 996.00 25.0% $ 747.00 No FA2260BK FA2260BK Air/Electric utility box, SM30 FA2260 ACC. AC $ 650.00 25.0% $ 487.50 No FA5202 FA5202 Air/Electric utility box, dual w/FRL, 1.6 inbay only FA5202 ACC. AC $ 1,681.00 25.0% $ 1,260.75 No FA5112 FA5112 Shim plate kit, 3/4" total, 2-post & SMO123 front FA5112 ACC. AC $ 354.00 25.0% $ 265.50 No FA5221 FA5221 Shim plate kit, 3/4" total, AT07 FA5221 ACC. AC $ 296.00 25.0% $ 222.00 Yes FA7118 FA7118BK Overhead Cutoff Switch Assembly, 1 phase FA7118 ACC. AC $ 557.00 25.0% $ 417.75 Yes FA7385 FA7385BK Overhead Cutoff Switch Assembly, 3 phase FA7385BK ACC. AC $ 683.00 25.0% $ 512.25 Yes EXHIBIT 1
1632
N823 N823 Door Defender. Includes 1 Door Defender, adhesive to attach to the lift and instructions. N823 ACC. AC $ 212.00 25.0% $ 159.00 Yes FA5191E FA5191EBK Tool Holder FA5191EBK ACC. AC $ 164.00 25.0% $ 123.00 No FA5974 FA5974
WheelWingTM kit. Includes (set of 2) 2 dishes, shims,
adjustable to fit various lifts. 100 lb. capacity per
WheelWingTM.

FA5974 ACC. AC $ 402.00

25.0% $ 301.50 No
FA5900BK FA5900BK
WheelWing 2 Post Column Mounting Kit. Mount Wheel
Wing on Column Instead of Front Arm on Asymmetrical
Lifts.

FA5900BK ACC. AC $ 63.00

25.0% $ 47.25 No
LP20041 LP20041 Warranty, extended 3 year parts for light duty LP20041 ACC. AC $ 244.00 25.0% $ 183.00 Yes SV0060 SV0060 Warranty, extended 2 year parts for Parallelogram, HDC, VR, VREX SV0060 ACC. AC $ 4,073.00 25.0% $ 3,054.75 Yes SV0061 SV0061 Warranty, extended 4 year parts for Parallelogram, HDC, VR, VREX SV0061 ACC. AC $ 8,145.00 25.0% $ 6,108.75 Yes SV0062 SV0062 Warranty, extended 2 year parts for Mobile Columns, per p SV0062 ACC. AC $ 408.00 25.0% $ 306.00 Yes SV0063 SV0063 Warranty, extended 4 year parts for Mobile Columns, per pair SV0063 ACC. AC $ 816.00 25.0% $ 612.00 Yes
FA845-MCH FA845-MCH-KIT Additional remote control for Flex lifts. Includes charger an FA845-MCH- ACC. AC $ 2,633.00 25.0% $ 1,974.75 No FLEX MAX™ 214 MCHM214U100BKYL 14k Lb. per column capacity portable lift. Same system as FLEX™ but upgraded operation at column and remote MCHM214 MOBILE COLUMN M3 $ 39,352.00

41.0% $ 23,217.68 No
FLEX MAX™ 414 MCHM414U100BKYL 14k Lb. per column capacity portable lift. Same system as FLEX™ but upgraded operation at column and remote MCHM414 MOBILE COLUMN M3 $ 76,561.00

41.0% $ 45,170.99 No
FLEX MAX™ 614 MCHM614U100BKYL 14k Lb. per column capacity portable lift. Same system as FLEX™ but upgraded operation at column and remote MCHM614 MOBILE COLUMN M3 $ 115,911.00

41.0% $ 68,387.49 No
FLEX MAX™ 814 MCHM814U100BKYL 14k Lb. per column capacity portable lift. Same system as FLEX™ but upgraded operation at column and remote MCHM814 MOBILE COLUMN M3 $ 153,121.00

41.0% $ 90,341.39 No
FLEX MAX™ 219 MCHM219U100BK 18.8k Lb. per column capacity portable lift. Same system as FLEX™ but upgraded operation at column and remote. MCHM219 MOBILE COLUMN M8 $ 48,913.00

41.0% $ 28,858.67 Yes
FLEX MAX™ 419 MCHM419U100BK 18.8k Lb. per column capacity portable lift. Same system as FLEX™ but upgraded operation at column and remote. MCHM419 MOBILE COLUMN M8 $ 89,035.00

41.0% $ 52,530.65 Yes
FLEX MAX™ 619 MCHM619U100BK 18.8k Lb. per column capacity portable lift. Same system as FLEX™ but upgraded operation at column and remote. MCHM619 MOBILE COLUMN M8 $ 134,796.00

41.0% $ 79,529.64 Yes
FLEX MAX™ 819 MCHM819U100BK 18.8k Lb. per column capacity portable lift. Same system as FLEX™ but upgraded operation at column and remote. MCHM819 MOBILE COLUMN M8 $ 178,067.00

41.0% $ 105,059.53 Yes
MCHW218 MCHW218U100RD
18K Lb. Per Column Capacity Portable Lift. ElectroHydraulic System with Adjustable Forks. 24VDC Battery Operated with 110 V Charging System. Sold in Groups of
2 with Wireless Communication.

MCHW218 MOBILE COLUMN M8 $ 44,204.00

41.0% $ 26,080.36 Yes
MCHW418 MCHW418U100RD
18K Lb. Per Column Capacity Portable Lift. ElectroHydraulic System with Adjustable Forks. 24VDC Battery Operated with 110 V Charging System. Sold in Groups of
4 with Wireless Communication.

MCHW418 MOBILE COLUMN M8 $ 88,405.00

41.0% $ 52,158.95 Yes
MCHW618 MCHW618U100RD
18K Lb. Per Column Capacity Portable Lift. ElectroHydraulic System with Adjustable Forks. 24VDC Battery Operated with 110 V Charging System. Sold in Groups of
6 with Wireless Communication.

MCHW618 MOBILE COLUMN M8 $ 132,608.00

41.0% $ 78,238.72 Yes
FA8137 FA8137
Upgrade a single FLEX™ Column with new display
membrane to a FLEX MAX™ - Additional board and
remote software update included. Programming remote
requires Rotary Tool laptop programmer. This is for older FLEX units without a group button.

FA8137 PARTS BP $ 883.00

25.0% $ 662.25 No
EXHIBIT 1
1633
FA8136 FA8136
Upgrade a single FLEX™ Column without new display
membrane to a FLEX MAX™ - Additional board and
remote software update included. Programming remote
requires Rotary Tool laptop programmer.

FA8136 PARTS BP $ 883.00

25.0% $ 662.25 No
M140112 M140112 Locklight™ MCH kit compatible/retrofittable with DC versions of MCH13 and MCH18 columns. M140112 ACC. AC $ 811.00 25.0% $ 608.25 No M140115 M140115
Locklight™ MCH kit for AC mobile columns and MCH
columns with pressure gauges already installed.

Includes all parts for M140112 and necessary adapter
hoses/fitting.

M140115 ACC. AC $ 1,081.00

25.0% $ 810.75 No
ML41YL ML41YL
Saddle Cross Beam With Two (2) Support Blocks For
Frame Pick-Up. For HP, MCH18 and Flex Models ONLY.
32,000 lbs Capacity at 72” adapter spread. 24,000 lbs.

Capacity at 49” adapter spread.

ML41 ACC. AC $ 3,903.00

25.0% $ 2,927.25 No
M140070YL M140070YL
Low Profile Cross Beam With Two (2) Support Blocks For
Frame Pick-Up. For HP, MCH18 and Flex Models ONLY.
30,000 lbs Capacity at 49” adapter spread. 21,000 lbs.

Capacity at 25” adapter spread.

M140070YL ACC. AC $ 8,796.00

25.0% $ 6,597.00 No
FD2353KITYL FD2353KITYL
Ramp style cross beam with (2) ramps for RV pick-up.

Capacity 22,000 lbs. For HP, MCH18 and Flex Models
ONLY.

FD2353 ACC. AC $ 4,509.00

25.0% $ 3,381.75 No
FD2448KITYL FD2448KITYL
Extra wide ramp style cross beam with (2) ramps for
WingPlows. Cap. 28,000 lbs. MCH18 and Flex 19 Models
ONLY.

FD2448KIT ACC. AC $ 8,609.00

25.0% $ 6,456.75 No
M140004RD M140004RD
Forklift Ramp Kit used with the MCH418 series to utilize two MCH columns to service forklifts. Easily
attaches to the base of the column and provides
clearance needed to raise 4-wheeled forklifts with a
weight
of 10,000 lbs. (NOTE: Most 6,000 lb. capacity trucks weigh 10,000 lbs. or less; however, the truck weight
should be verified before being lifted.) For Drive-on/Backoff operation. For Class II Forklifts Only.

M140004RD ACC. AC $ 6,163.00

25.0% $ 4,622.25 No
M140124RD M140124RD
Forklift Ramp Kit used with the MCH418 Flex 419 series to utilize two MCH columns to service forklifts. Easily
attaches to the base of the column and provides
clearance needed to raise 4-wheeled forklifts with a
weight of 18,000 lbs. (NOTE: Most 10,000 lb. capacity
trucks weigh 18,000 lbs. or less; however, the truck
weight should be verified before being lifted.) For Driveon/Back-off operation.

M140124RD ACC. AC $ 6,163.00

25.0% $ 4,622.25 No
M110175 M110175RD Forklift cart for easy mobility of Forklift kits. M110175RD ACC. AC $ 2,196.00 25.0% $ 1,647.00 Yes M140012RD M140012RD Forklift Ramp Kit M140012 ACC. AC $ 6,163.00 25.0% $ 4,622.25 Yes M140001RD M140001RD Long Fork Kit. Each kit includes two 22” forks (8” longer tha M140001RD ACC. AC $ 1,832.00 25.0% $ 1,374.00 Yes M140041RD M140041RD
Long Fork Kit. Each kit includes two 20” forks (6” longer than standard) and two 8” leg extensions. Reduces
capacity of column to 14,500 lbs. FOR MCH and Flex
MODELS ONLY. 18,000/19,000 lb. columns only.

IMPROVED DESIGN. Price shown is for 1 column.

M140041RD ACC. AC $ 1,832.00

25.0% $ 1,374.00 Yes
M140015RD M140015KITRD
Drive-on runway assembly for use with MCH418 and Flex
Mobile Columns. 60,000 lbs. capacity. Mac wheel base
33'. (MCH418+) RJ25001LBK can be used with these
runways. Includes airline kit.

M140015K ACC. AC $ 70,757.00

25.0% $ 53,067.75 NO
M140129CG M140129CG
Drive-on runway assembly for use with MCH413 and Flex
Mobile Columns. 36,000 lbs. capacity. Length 30 feet.
(MCH413+) . Includes airline kit.

M140129CG ACC. AC $ 30,256.00

25.0% $ 22,692.00 Yes
M140003 M140003 Pendant for MCH Mobile Column Lift System with 33’ cable. M140003 ACC. AC $ 14,452.00 25.0% $ 10,839.00 No M140144 M140144 Service Chip for FLEX columns only. M140144 PARTS BP $ 80.00 25.0% $ 60.00 No AC100005 AC100005
Rotary programming tool for heavy duty lifts. Software
for laptop running
Windows XP/7/8/10. (Laptop not included.)
AC100005 ACC. AC $ 1,814.00

25.0% $ 1,360.50 NO
EXHIBIT 1
1634
M140157 M140157RD Analog Gauge Kit for MCH/RCH Series M140157RD ACC. AC $ 604.00 25.0% $ 453.00 Yes S100166 S100166BL
SM18 -- Bolt-On Alignment Kit converts SM18/SM18EL
lifts to alignment racks. Kits include stainless steel radius gauges, slip plates and ramp modifications and necessary mounting hardware. Rolling jacks are sold separately.
194" WB
S100166BL ACC. AC $ 11,073.00

25.0% $ 8,304.75 No
S100128 S100128BL
SM18 -- Bolt-On Alignment Kit converts SM18/SM18EL
lifts to alignment racks. Kits include stainless steel radius gauges, slip plates and ramp modifications and necessary mounting hardware. Rolling jacks are sold separately.
230" WB
S100128BL ACC. AC $ 11,256.00

25.0% $ 8,442.00 No
Moveable Jack-Non Recessed Moveable Jack-Non Recesse25,000lb Capacity 17" Frame 10.6" Piston 0 0 0.00 $ - 41.0% $ - Yes Moveable Jack-Recessed W/PocMoveable Jack-Recessed W/25,000lb Capacity 17" Frame 10.6" Piston Standard Cover Plates 0 0 0.00 $ - 41.0% $ - Yes
Moveable Jack-Recessed W/Poc Moveable Jack-Recessed W/ 25,000lb Capacity 17" Frame 10.6" Piston Shutter Plates 0 0 0.00 $ - 41.0% $ - Yes Stationary Post 12,000lb Stationary Post 12,000lb 12,000lb Capacity 10.6" Single Piston 48" Pocket 0 0 0.00 $ - 41.0% $ - Yes Stationary Post 18,000lb Stationary Post 18,000lb 18,000lb Capacity 10.6" Single Piston 48" Pocket 0 0 0.00 $ - 41.0% $ - Yes Stationary Post 25,000lb Stationary Post 25,000lb 25,000lb Capacity 10.6" Single Piston 48" Pocket 0 0 0.00 $ - 41.0% $ - Yes Dual Jack Frame (Side by Side) Dual Jack Frame (Side by Sid50,000lb Capacity Dual 10.6" Pistons 48" Pocket 0 0 0.00 $ - 41.0% $ - Yes M140168YL M140168YL Fore and Aft Frame Kit M140168YL ACC. AC $ 5,692.00 25.0% $ 4,269.00 Yes RS20SYL RS20SYL Screw Type Adjustable 56.1"-82.3" RS20SYL ACC. AC $ 1,829.00 25.0% $ 1,371.75 No RS2052SYL RS2052SYL Screw Type Adjustable 34.3"-55.5" RS2052SYL ACC. AC $ 1,629.00 25.0% $ 1,221.75 No RS20-VAYL RS20-VAYL
V Shaped Adapter for Rotary Jack Stand 15K to 20K (1) Per Stand RS20-VAYL PARTS BP $ 189.00 25.0% $ 141.75 No
ARO22N000 ARO22N000BL 4 Post Alignment 22,000lb Capacity 194" Wheelbase 0 0 0.00 $ 70,143.00 41.0% $ 41,384.37 Yes ARO22N000ZP ARO22N000ZPBL
4 Post Alignment 22,000lb Capacity 194" Wheelbase Zinc
Primed 0 0 0.00 $ 73,062.00 41.0% $ 43,106.58 Yes
ARO22N001 ARO22N001BL 4 Post Alignment 22,000lb Capacity 230" Wheelbase 0 0 0.00 $ 73,791.00 41.0% $ 43,536.69 Yes ARO22N001ZP ARO22N001ZPBL
4 Post Alignment 22,000lb Capacity 230" Wheelbase Zinc
Primed 0 0 0.00 $ 76,710.00 41.0% $ 45,258.90 Yes
M140180YL M140180YL Cab Off Adapter for M140168 Fore and Aft Kit M140180YL ACC. AC $ 1,199.00 25.0% $ 899.25 Yes M120651YL M120651YL Wide Center Adapter for Use With M140168YL ONLY M120651YL ACC. AC $ 315.00 25.0% $ 236.25 Yes M140171BK M140171BK 24VDC LED Service Lamp Kit M140171BK ACC. AC $ 1,497.00 25.0% $ 1,122.75 Yes M140181 M140181 Forklift Ramp Carriage M140181 ACC. AC $ 10,251.00 25.0% $ 7,688.25 NO M140182 M140182 Forklift Ramp Carriage For Double or Triple Pallet Truck M140182 ACC. AC $ 10,331.00 25.0% $ 7,748.25 No M140153RD M140153RD 3 Wheel Forklift Kit M140153RD ACC. AC $ 6,527.00 25.0% $ 4,895.25 No RJ9100YM RJ9100YM 9,000lb Capacity Rolling Jack RJ9100YM ACC. AC $ 8,024.00 25.0% $ 6,018.00 No RJ9100YM-1 RJ9100YM-1 9,000lb Capacity Rolling Jack SM181 Only Welded Tracks RJ9100YM-1 ACC. AC $ 6,929.00 25.0% $ 5,196.75 No RJ9100YM-2 RJ9100YM-2 9,000lb Capacity Rolling Jack SM30 Series RJ9100YM-2 ACC. AC $ 7,691.00 25.0% $ 5,768.25 No RJ15BK RJ15BK 15,000lb Capacity Rolling Jack for ARO22 RJ15BK ACC. AC $ 20,492.00 25.0% $ 15,369.00 No RJ14BK RJ14BK 14,000lb Capacity Rolling Jack RJ14BK ACC. AC $ 23,809.00 25.0% $ 17,856.75 Yes RJ30BK RJ30BK 30,000lb Capacity Rolling Jack RJ30BK ACC. AC $ 24,407.00 25.0% $ 18,305.25 Yes M140099RD M140099RD Drive-Thru Ramp Kit for All HDC 50 and 60 Models. M140099RD ACC. AC $ 3,156.00 25.0% $ 2,367.00 Yes M140133RD M140133RD Drive-Thru Ramp Kit for All HDC 36 Models. M140133RD ACC. AC $ 2,046.00 25.0% $ 1,534.50 Yes M140111RD M140111RD HDC Column Mobility Kit. (Adds Wheels and Steering to HD M140111RD ACC. AC $ 5,873.00 25.0% $ 4,404.75 Yes M140125RD M140125RD HDC Column Mobility Kit. (Adds Wheels and Steering to HD M140125RD ACC. AC $ 5,873.00 25.0% $ 4,404.75 Yes M140105 M140105 2” Shim Kit for HDC 36K, 50K, or 60K lifts. Kit is sized for single column. M140105 PARTS BP $ 1,909.00 25.0% $ 1,431.75 Yes M140106 M140106 1” Shim Kit for HDC (Two 1/2, Two 1/4, Two 1/8, Two 1/16) 36K, 50K, or 60K lifts. Kit is sized for single column. M140106 PARTS BP $ 859.00

25.0% $ 644.25 Yes
RJ22BK RJ22BK 22,000lb Rolling Jack RJ22BK ACC. AC $ 25,058.00 25.0% $ 18,793.50 NO RJ25BK RJ25BK 25,000lb Rolling Jack RJ25BK ACC. AC $ 25,058.00 25.0% $ 18,793.50 No RJ32BK RJ32BK 32,000lb Rolling Jack RJ32BK ACC. AC $ 25,439.00 25.0% $ 19,079.25 No RJ42BK RJ42BK 42,000lb Rolling Jack RJ42BK ACC. AC $ 26,127.00 25.0% $ 19,595.25 Yes MOD35M-10 MOD35M-10 Modular Movable Jack Unit With 10’ Long Track. Use for Ta 0 0 0.00 $ 121,035.00 41.0% $ 71,410.65 Yes MOD35M-18 MOD35M-18 Modular Movable Jack Unit With **18’ Long Track. (*not e 0 0 0.00 $ 121,035.00 41.0% $ 71,410.65 Yes MOD35M-21 MOD35M-21 Modular Movable Jack Unit With** 21’ Long Track. (*not equipped with adapter kits) 0 0 0.00 $ 121,035.00 41.0% $ 71,410.65 Yes EXHIBIT 1
1635
MOD35M-24 MOD35M-24 Modular Movable Jack Unit With ** 24' Long Track (*not equipped with adapter kits) 0 0 0.00 $ 121,035.00 41.0% $ 71,410.65 Yes For MOD35M frame only. Any For MOD35M frame only. Any length. 0 0 0.00 $ 82,304.00 41.0% $ 48,559.36 Yes MOD35S MOD35S Modular Stationary Jack Unit (*not equipped with adapter kits) 0 0 0.00 $ 72,946.00 41.0% $ 43,038.14 Yes
AK-SBA70-2PK AK-SBA70-2PK Adapter kit for most School Bus applications. For use on (2- Post lift configuration). AK-SBA70-2 HEAVY DUTY HL $ 13,431.00 41.0% $ 7,924.29 No AK-HTA70-2PK AK-HTA70-2PK Adapter kit for most Heavy Duty Truck applications. For use on (2-Post lift configuration). AK-HTA70-2 HEAVY DUTY HL $ 13,431.00 41.0% $ 7,924.29 No AK-ULP70-2PK AK-ULP70-2PK Adapter kit for most Low Profile Transit Bus operations.

For use on (2-Post lift configuration). AK-ULP70-2 HEAVY DUTY HL $ 15,881.00 41.0% $ 9,369.79 No AK-ULP105-3PK AK-ULP105-3PK Adapter kit for most Transit Bus applications. For use on (3-Post lift configuration). AK-ULP105- HEAVY DUTY HL $ 20,304.00 41.0% $ 11,979.36 NO AK-HTA105-3PK AK-HTA105-3PK Adapter kit for most Heavy Duty Truck applications. For use on (3-Post lift configuration). AK-HTA105- HEAVY DUTY HL $ 19,229.00 41.0% $ 11,345.11 No FD2361BK FD2361BK Universal Adapter Stand Kit. FD2361 ACC. AC $ 406.00 25.0% $ 304.50 No FD2438BK FD2438BK Mobile Adapter Cart. FD2438BK ACC. AC $ 1,817.00 25.0% $ 1,362.75 No FD2356ECYL FD2356ECYL Low Profile Saddle (no adatpers) (flat plate) FD2356 ACC. AC $ 3,312.00 25.0% $ 2,484.00 Yes FD2408ECYL FD2408ECYL Ultra Flat Low Profile Saddle with 2 sets of inserts included FD2408ECYL ACC. AC $ 7,357.00 25.0% $ 5,517.75 Yes FD2382ECYL FD2382ECYL 3 Hole Sliding Adapter for FD2347 Saddle - must order 2. FD2382 ACC. AC $ 788.00 25.0% $ 591.00 Yes FD6798 FD6798 Preconfigured #5 rebar mat (price is per each 3' x 4' section) for ease of installation. FD6798 ACC. AC $ 370.00 25.0% $ 277.50 Yes MC100045BK MC100045BK Liquid Evacuation Kit for 2-Post MOD35. MC100045BK ACC. AC $ 5,614.00 25.0% $ 4,210.50 No MC100046BK MC100046BK Liquid Evacuation Kit for 3-Post MOD35. MC100046BK ACC. AC $ 7,654.00 25.0% $ 5,740.50 No MC100039RD MC100039RD Pedestal Kit. MC100039RD ACC. AC $ 544.00 25.0% $ 408.00 No MC100040 MC100040 Cord Reel -- No Festoon Special Low Voltage, Clutch Contacts. For Pendant only operation. MC100040 ACC. AC $ 6,405.00 25.0% $ 4,803.75 No MC100050 MC100050 MOD35 FLEX™ Remote Control Kit - 2 Post MC100050 ACC. AC $ 9,982.00 25.0% $ 7,486.50 No MC100049 MC100049 MOD35 FLEX™ Remote Control Kit - 3 Post & Tandem MC100049 ACC. AC $ 10,887.00 25.0% $ 8,165.25 No MC100052 MC100052 MOD30 FLEX™ Remote Control Kit - 2 Post (Converts JT14 cylinders only) MC100052 ACC. AC $ 12,490.00 25.0% $ 9,367.50 Yes MC100051 MC100051 MOD30 FLEX™ Remote Control Kit - 3 Post & Tandem (Converts JT14 cylinders only) MC100051 ACC. AC $ 13,136.00 25.0% $ 9,852.00 Yes AK-SBA60-2PK AK-SBA60-2PK Adapter kit for most School Bus applications. For use on (2- Post lift configuration). AK-SBA60-2 HEAVY DUTY HL $ 13,431.00 41.0% $ 7,924.29 No AK-HTA60-2PK AK-HTA60-2PK Adapter kit for most Heavy Duty Truck applications. For use on (2-Post lift configuration). AK-HTA60-2 HEAVY DUTY HL $ 13,431.00 41.0% $ 7,924.29 NO AK-TRLP60-2PK AK-TRLP60-2PK Adapter kit for most Low Profile Transit Bus operations.

For use on (2-Post lift configuration). AK-TRLP60- HEAVY DUTY HL $ 15,881.00 41.0% $ 9,369.79 No AK-HTA90-3PK AK-HTA90-3PK Adapter kit for most Heavy Duty Truck applications. For use on (3-Post lift configuration). AK-HTA90-3 HEAVY DUTY HL $ 21,684.00 41.0% $ 12,793.56 No AK-TRLP90-3PK AK-TRLP90-3PK Adapter kit for most Low Profile Transit Bus operations.

For use on (3-Post lift configuration). AK-TRLP90- HEAVY DUTY HL $ 19,229.00 41.0% $ 11,345.11 No EFX1712165000 EFX1712165000 2 Scissor Pendant - hand held. No Festoon. EFX1712165 ACC. AC $ 13,480.00 25.0% $ 10,110.00 Yes EFX1712165100 EFX1712165100 3 Scissor Pendant - hand held. No Festoon. EFX1712165 PARTS BP $ 17,652.00 25.0% $ 13,239.00 Yes EFX0906211002 EFX0906211002BK Shims available in 1/8” thickness. EFX0906211 ACC. AC $ 19.00 25.0% $ 14.25 Yes EFX0906211003 EFX0906211003BK Shims available in 1/4” thickness. EFX0906211 ACC. AC $ 20.00 25.0% $ 15.00 Yes EFX0906211004 EFX0906211004BK Shims available in 1/2” thickness. EFX0906211 ACC. AC $ 20.00 25.0% $ 15.00 Yes EFX1401031200 EFX1401031200YL Three (3) Hole Sliding Adapter for Rear EFX. EFX1401031 ACC. AC $ 5,619.00 25.0% $ 4,214.25 Yes EFX0809511200 EFX0809511200BL 6" cover for 48" wide pit EFX0809511 PARTS BP $ 546.00 25.0% $ 409.50 Yes EFX0809531200 EFX0809531200BL 12" cover for 48" wide pit EFX0809531 PARTS BP $ 556.00 25.0% $ 417.00 Yes EFX0809471200 EFX0809471200BL 24" cover for 48" wide pit EFX0809471 PARTS BP $ 944.00 25.0% $ 708.00 Yes EFX1207511200 EFX1207511200BL 6" cover for 50" wide pit (Tandem) EFX1207511 PARTS BP $ 618.00 25.0% $ 463.50 Yes EFX1207521200 EFX1207521200BL 12" cover for 50" wide pit (Tandem) EFX1207521 PARTS BP $ 900.00 25.0% $ 675.00 Yes EFX1207531200 EFX1207531200BL 24" cover for 50" wide pit (Tandem) EFX1207531 PARTS BP $ 1,284.00 25.0% $ 963.00 Yes EFX1601100012 EFX1601100012 17' Nosing Kit EFX1601100 ACC. AC $ 3,989.00 25.0% $ 2,991.75 Yes EFX1601200012 EFX1601200012 13' Nosing Kit EFX1601200 ACC. AC $ 3,478.00 25.0% $ 2,608.50 Yes EFX1601300012 EFX1601300012 10' Nosing Kit EFX1601300 ACC. AC $ 2,966.00 25.0% $ 2,224.50 Yes EFX1601400012 EFX1601400012 Stationary Nosing Kit EFX1601400 ACC. AC $ 1,266.00 25.0% $ 949.50 Yes EFX1601500012 EFX1601500012 Tandem Nosing Kit EFX1601500 ACC. AC $ 2,966.00 25.0% $ 2,224.50 Yes P5117 P5117-200VBK (2) 10.6" piston, all electric, 350 PSI, 25000 lbs of capacity P5117-200V HEAVY DUTY HL $ 24,149.00 41.0% $ 14,247.91 Yes EXHIBIT 1
1636
P5118 P5118-200VBK (3) 10.6" piston, all electric, 350 PSI, 25000 lbs of capacity P5118-200 HEAVY DUTY HL $ 24,149.00 41.0% $ 14,247.91 Yes P5122 P5122-200VBK (2) 10.6" piston, all electric, 350 PSI, 25000 lbs of capacity per piston P5122-200 HEAVY DUTY HL $ 31,725.00 41.0% $ 18,717.75 Yes P863 P863-200VBK (2) 10.6" piston, all electric, 350 PSI, In Pit and Equalized, 25000 lbs of capacity per piston. P863-200 HEAVY DUTY HL $ 41,434.00 41.0% $ 24,446.06 No P862 P862-200VBK (3) 10.6" piston, all electric, 350 PSI, In Pit and Equalized, 25000 lbs of capacity per piston. P862-200 HEAVY DUTY HL $ 53,823.00 41.0% $ 31,755.57 Yes AK-SBA50-2PK AK-SBA50-2PK Adapter Kit for MOST school bus applications. For use on a 2 piston configuration. AK-SBA50-2 HEAVY DUTY HL $ 11,682.00 41.0% $ 6,892.38 No AK-HTA50-2PK AK-HTA50-2PK Adapter Kit for MOST heavy truck applications. For use on a 2 piston configuration. AK-HTA50-2 HEAVY DUTY HL $ 11,682.00 41.0% $ 6,892.38 NO AK-HTA75-DUAL AK-HTA75-DUAL Adapter Kit for MOST heavy truck applications. For use on a 3 piston configuration. AK-HTA75 HEAVY DUTY HL $ 11,682.00 41.0% $ 6,892.38 No AK-ULP50-2PK AK-ULP50-2PK Adapter Kit for MOST transit applications. For use on a 2 piston configuration. AK-ULP50-2 HEAVY DUTY HL $ 15,881.00 41.0% $ 9,369.79 No AK-ULP75-3PK AK-ULP75-3PK Adapter Kit for MOST transit applications. For use on a 3 piston configuration. AK-ULP75-3 HEAVY DUTY HL $ 19,510.00 41.0% $ 11,510.90 No FD2361 FD2361BK Universal Adapter Stand Kit FD2361 ACC. AC $ 406.00 25.0% $ 304.50 No FD2438 FD2438BK Mobile Car for Universal Adapters FD2438BK ACC. AC $ 1,817.00 25.0% $ 1,362.75 No FA75 FA75
Remote Push button starter. For use as a remote switch
on multi-lift installations. Consult factory for power unit.

For surface mounted power units only.

FA75 ACC. AC $ 409.00

25.0% $ 306.75 No
V44-28 S VRX44-28LS00RD 4-Leg Surface Mounted Clear Floor Open Base Vertical Rise Lift 300" Wb 44,000lb Capacity 28" V44-28 S HEAVY DUTY HL $ 186,700.00 41.0% $ 110,153.00 NO V44-30 S VRX44-30LS00RD 4-Leg Surface Mounted Clear Floor Open Base Vertical Rise Lift 324" Wb 44,000lb Capacity 30" V44-30 S HEAVY DUTY HL $ 191,265.00 41.0% $ 112,846.35 No V44-32 S VRX44-32LS00RD 4-Leg Surface Mounted Clear Floor Open Base Vertical Rise Lift 348" Wb 44,000lb Capacity 32' V44-32 S HEAVY DUTY HL $ 195,570.00 41.0% $ 115,386.30 No V44-36 S VRX44-36LS00RD 4-Leg Surface Mounted Clear Floor Open Base Vertical Rise Lift 396" Wb 44,000lb Capacity 36' V44-36 S HEAVY DUTY HL $ 207,684.00 41.0% $ 122,533.56 No V64-28 S VRX64-28LS00RD 4-Leg Surface Mounted Clear Floor Open Base Vertical Rise Lift 300" Wb 64,000lb Capacity 28" V64-28 S HEAVY DUTY HL $ 191,914.00 41.0% $ 113,229.26 NO V64-30 S VRX64-30LS00RD 4-Leg Surface Mounted Clear Floor Open Base Vertical Rise Lift 324" Wb 64,000lb Capacity 30" V64-30 S HEAVY DUTY HL $ 196,483.00 41.0% $ 115,924.97 NO V64-32 S VRX64-32LS00RD 4-Leg Surface Mounted Clear Floor Open Base Vertical Rise Lift 348" Wb 64,000lb Capacity 32' V64-32 S HEAVY DUTY HL $ 201,039.00 41.0% $ 118,613.01 NO V64-36 S VRX64-36LS00RD 4-Leg Surface Mounted Clear Floor Open Base Vertical Rise Lift 396" Wb 64,000lb Capacity 36' V64-36 S HEAVY DUTY HL $ 214,151.00 41.0% $ 126,349.09 NO V64-48 S VRX64-48LS00RD 4-Leg Surface Mounted Clear Floor Open Base Vertical Rise Lift 540" Wb 64,000lb Capacity 48' V64-48 S HEAVY DUTY HL $ 234,318.00 41.0% $ 138,247.62 NO V80-28 S VRX80-28LS00RD 4-Leg Surface Mounted Clear Floor Open Base Vertical Rise Lift 300" Wb 80,000lb Capacity 28' V80-28 S HEAVY DUTY HL $ 206,761.00 41.0% $ 121,988.99 No V80-28 F VRX80-28LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 300" Wb 80,000lb Capacity 28' V80-28 F HEAVY DUTY HL $ 196,580.00 41.0% $ 115,982.20 No V80-30 S VRX80-30LS00RD 4-Leg Surface Mounted Clear Floor Open Base Vertical Rise Lift 324" Wb 80,000lb Capacity 30' V80-30 S HEAVY DUTY HL $ 209,024.00 41.0% $ 123,324.16 No V80-30 F VRX80-30LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 324" Wb 80,000lb Capacity 30' V80-30 F HEAVY DUTY HL $ 198,843.00 41.0% $ 117,317.37 No V80-32 S VRX80-32LS00RD 4-Leg Surface Mounted Clear Floor Open Base Vertical Rise Lift 348" Wb 80,000lb Capacity 32' V80-32 S HEAVY DUTY HL $ 215,101.00 41.0% $ 126,909.59 No V80-32 F VRX80-32LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 348" Wb 80,000lb Capacity 32' V80-32 F HEAVY DUTY HL $ 204,919.00 41.0% $ 120,902.21 No V80-48 S VRX80-48LS00RD 4-Leg Surface Mounted Clear Floor Open Base Vertical Rise Lift 540" Wb 80,000lb Capacity 48' V80-48 S HEAVY DUTY HL $ 245,610.00 41.0% $ 144,909.90 No V80-48 F VRX80-48LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 540" Wb 80,000lb Capacity 48' V80-48 F HEAVY DUTY HL $ 235,429.00 41.0% $ 138,903.11 No V40006 V40006 Built-in Air V40006 ACC. AC $ 6,169.00 25.0% $ 4,626.75 No V40007 V40007BL 8 ft. (2.4m) Drive-thru ramp kit. V40007BL ACC. AC $ 10,649.00 25.0% $ 7,986.75 No V40008 V40008BL 10 ft. (3m) Drive-thru ramp kit V40008BL ACC. AC $ 12,639.00 25.0% $ 9,479.25 No V40009 V40009BL 12 ft. (3.7m) Drive-thru ramp kit. V40009BL ACC. AC $ 14,633.00 25.0% $ 10,974.75 No V40034 V40034 Light Kit (pair) Kits required: 28’-30’=3 kits; 32’-36’=4 kits; 48’=5 kits. 50' cords V40034 ACC. AC $ 2,402.00 25.0% $ 1,801.50 No EXHIBIT 1
1637
APAUXHT APAUXHT Height Limiter included on all VRX models. It is turned on with Rotary Programming Tool. APAUXHT ACC. AC $ 991.00 25.0% $ 743.25 Yes AB100004RD AB100004RD Retractable Wheel Kit for Rolling Jack AB100004 ACC. AC $ 7,180.00 25.0% $ 5,385.00 No VREX 28' PIT COVERS V40033WG Pit Covers for VREX Lifts (28' & 30' Runway Version, kit is for both runways) V40033WG ACC. AC $ 39,407.00 25.0% $ 29,555.25 Yes VREX 32' PIT COVERS V40033WG Pit Covers for VREX Lifts (32' Runway Version, kit is for both runways) V40033WG ACC. AC $ 39,407.00 25.0% $ 29,555.25 Yes VREX 36' PIT COVERS V40035WG Pit Covers for VREX Lifts (36' Runway Version, kit is for both runways) V40035WG ACC. AC $ 53,797.00 25.0% $ 40,347.75 Yes VREX 48' PIT COVERS V40038WG Pit Covers for VREX Lifts (48' Runway Version, kit is for both runways) V40038WG ACC. AC $ 68,241.00 25.0% $ 51,180.75 Yes V30100 V30100 Laptop Programmer Cord for vertical rise (VRX) only. V30100 ACC. AC $ 710.00 25.0% $ 532.50 No Cord Reel V40036 VRX Cord Reel for the Pendant (sold seperately) V40036 ACC. AC $ 5,266.00 25.0% $ 3,949.50 Yes V40010 V40010 VRX Pendant V40010 ACC. AC $ 4,177.00 25.0% $ 3,132.75 No V40011 V40011 Stainless Steel remote panel for controlling washbay units. V40011 ACC. AC $ 8,280.00 25.0% $ 6,210.00 No
AP00405 AP00405 1/16" x 4" x 4" Finger Shims (1.53mm x 101.6mm x 101.6mm) AP00405 PARTS BP $ 17.00 25.0% $ 12.75 Yes
AP00406 AP00406 1/8" x 4" x 4" Finger Shims (2.54mm x 101.6mm x 101.6mm) AP00406 PARTS BP $ 19.00 25.0% $ 14.25 Yes
AP00407 AP00407 1/4" x 4" x 4" Finger Shims (6.35mm x 101.6mm x 101.6mm) AP00407 PARTS BP $ 20.00 25.0% $ 15.00 Yes
AC100003 AC100003 Laptop Programmer Cord for parallelogram only. AC100003 PARTS BP $ 710.00 25.0% $ 532.50 No AC300016 AC300016 Stainless Steel remote panel for controlling washbay units. AC300016 ACC. AC $ 8,046.00 25.0% $ 6,034.50 Yes Junior-Jack2 Junior-Jack2
Portable high rise jack assembly for removal and
transportation of fuel tanks, transmissions, transfer cases and other items. With air assist and foot pedal adjustment for ease in raising and lowering components, swivel caster wheels and patented corrosion protection on the cylinder piston assembly.

JUNIOR-JAC ACC. AC $ 6,277.00

25.0% $ 4,707.75 Yes
GA4 GA4
Flat style transmission and accessory table with large
rubber supports, two straps and a 12 degree tilt. Easily mounts to any pit lift. (4,400 lb. capacity)
BLITZ ACC. AC $ 1,654.00

25.0% $ 1,240.50 No
R12 R12 Rear of AT1012, AT1212 R12 ACC. AC $ 1,684.00 25.0% $ 1,263.00 No FD6690EGBK FD6690EGBK Totally contained steel enclosure and protected with Enviroguard inside and outside FD6690 ACC. AC $ 21,593.00 25.0% $ 16,194.75 No R1150 RWC1150.30IB Premium Leverless Center Post Clamping Tire Changer RWC1150.30 CHANGER/BAL/ALIGNERS WS $ 23,252.00 41.0% $ 13,718.68 No R247D.CL RWC247D.CLIB Center Post Swing Arm RWC247 CHANGER/BAL/ALIGNERS WS $ 16,889.00 41.0% $ 9,964.51 No R145D RWC645D.26IHRB Tilt Back High Performance Tire Changer RWC645 CHANGER/BAL/ALIGNERS WS $ 16,455.00 41.0% $ 9,708.45 No R148 Pro 2D RWB348DB Pro 2D Collets Computer Balancer With Self Calibration and Self Diagnostics RWB348DB CHANGER/BAL/ALIGNERS WS $ 8,780.00 41.0% $ 5,180.20 No R146R RWC246.26IRB Swing Arm Pro High Performance Tire Changer RWC246 CHANGER/BAL/ALIGNERS WS $ 9,657.00 41.0% $ 5,697.63 No R146RP RWC246.26IRP Swing Arm Pro High Performance Tire Changer With Helper Arm RW246 CHANGER/BAL/ALIGNERS WS $ 12,850.00 41.0% $ 7,581.50 No R140i RWC240.22IB Swing Arm Pro RWC240.22I CHANGER/BAL/ALIGNERS WS $ 7,221.00 41.0% $ 4,260.39 No PLUS91N PLUS91N Air-Driven Helper With Following Arm and Lower Bead Roller for Model R140i Swing Arm Changer PLUS91N ACCS WA $ 3,000.00 25.0% $ 2,250.00 No R511 RWC11EISB Heavy Duty Truck Tire Changer Leverless HD RWC11EISB CHANGER/BAL/ALIGNERS WS $ 24,182.00 41.0% $ 14,267.38 No R501N RWC101B Heavy Duty Truck Tire Changer Speed Changer HD RWC101B CHANGER/BAL/ALIGNERS WS $ 36,358.00 41.0% $ 21,451.22 No R560 RWC26HWSB Heavy Duty Truck Tire Changer Mobile HD RWC26 CHANGER/BAL/ALIGNERS WS $ 19,633.00 41.0% $ 11,583.47 No VSG1000A102 VSG1000A102 5 Stud Kit 110mm Long for Reverse Rims Used on VSG1000A87 VSG1000A10 ACCS WA $ 194.00 25.0% $ 145.50 No VSG1000A86 VSG1000A86 Mirror for R1150 VSG1000A86 ACCS WA $ 252.00 25.0% $ 189.00 No VSG1000A118 VSG1000A118 Match Mounting Roller for R1150 VSG1000A11 ACCS WA $ 372.00 25.0% $ 279.00 No VSG800A35 VSG800A35 Pneumatic Wheel Lift for Tire Changers VSG800A35 ACCS WA $ 2,044.00 25.0% $ 1,533.00 No PLUS91SA PLUS91SA Air Driven Helper With Following Arm and Lower Bead Roller for Model R146 Swing Arm Changer PLUS91SA ACCS WA $ 3,222.00 25.0% $ 2,416.50 No VSG800A69 VSG800A69 Wheel Lift Attachment That Works With PLUS91SA Helper VSG800A69 ACCS WA $ 944.00 25.0% $ 708.00 No VSG800A58 VSG800A58 Traction Point for PLUS91SA and PLUS91N Helper Arms VSG800A58 ACCS WA $ 401.00 25.0% $ 300.75 No EXHIBIT 1
1638
VSG800A77 VSG800A77 Storage Tray for R145D, R145 and R146 VSG800A77 ACCS WA $ 321.00 25.0% $ 240.75 No VSG800A18 VSG800A18 Bead Pushing Roller for R145D, R145, R146 and R140i VSG800A18 ACCS WA $ 332.00 25.0% $ 249.00 No VSG1000A11 VSG1000A11 Half Moon Bead Lever Performance Tire Lever VSG1000A11 ACCS WA $ 143.00 25.0% $ 107.25 No VSG800A126 VSG800A126 Plastic Tool Head W/Support for Tilt Back Units Included With Tilt Back Tire Changer VSG800A126 ACCS WA $ 225.00 25.0% $ 168.75 No VSG800A60 VSG800A60 Plastic Tool Head W/Support for Swing Arm Units Included With All Swing Arm Tire Changers VSG800A60 ACCS WA $ 225.00 25.0% $ 168.75 No VSG800A99 VSG800A99 Motorcycle Adapters for 20-22" Tables VSG800A99 ACCS WA $ 576.00 25.0% $ 432.00 No VSG800A107 VSG800A107 Motorcycle Adapters for 24-26" Tables VSG800A107 ACCS WA $ 974.00 25.0% $ 730.50 No VSG800A111 VSG800A111KIT Reducing Clamp to 8" Requires VSG800A107 or VSG800A99 VSG800A111 ACCS WA $ 803.00 25.0% $ 602.25 No VSG108A25 VSG108A25 OptionaL Clamp for Earth Moving Wheels for All Heavy Duty Tire Changers VSG108A25 ACCS WA $ 246.00 25.0% $ 184.50 No VSG90A6 VSG90A6 Optional Aluminum Rim Clamp for All Heavy Duty Tire Changers VSG90A6 ACCS WA $ 380.00 25.0% $ 285.00 No
VSG108A22 VSG108A22 Disc for Wheels With Lock Ring for Model R560 VSG108A22 ACCS WA $ 1,308.00 25.0% $ 981.00 No VSG108A24 VSG108A24 Disc for Wheels With Lock Ring and Agricultural Wheel for Model R501N VSG108A24 ACCS WA $ 1,323.00 25.0% $ 992.25 No VSG800A117KIT VSG800A117KIT Tool Protection Kit for Models R145, R145D, R146 and R140 VSG800A117 PARTS WP $ 26.00 25.0% $ 19.50 No
VSG800A11 VSG800A11 Bead Breaker Protection for Models R145/D, R146 & R140i VSG800A11 PARTS WP $ 24.00 25.0% $ 18.00 No
VSG800A6KIT VSG800A6KIT Replacement 4 Clamp Protectors for Models R145, R145D and R146 VSG800A6KI PARTS WP $ 49.00 25.0% $ 36.75 No
VSG800A98 VSG800A98 Replacement 4 Clamp Protector for Models R140 and R140i. VSG800A98 PARTS WP $ 61.00 25.0% $ 45.75 No
VSG1000A117 VSG1000A117 Replacement Upper Tool Used On R1150 Leverless VSG1000A11 PARTS WP $ 61.00 25.0% $ 45.75 No VSG1000A117K VSG1000A117K Replacement Upper Tool Used On R1150 Leverless VSG1000A11 ACCS WA $ 932.00 25.0% $ 699.00 No VS710013421 VS710013421 Replacement Hook VS71001342 PARTS WP $ 43.00 25.0% $ 32.25 No VSG108A9 VSG108A9 Replacement Plastic Tool Protection for R501 Tire Changer VSG108A9 ACCS WA $ 27.00 25.0% $ 20.25 No
VS770011650 VS770011650 Replacement Plastic Tool for VSG800A60 Swing Arm Units VS77001165 ACCS WA $ 38.00 25.0% $ 28.50 No VSG800A37 VSG800A37 Tire Paste for Tire Changers VSG800A37 PARTS WP $ 41.00 25.0% $ 30.75 No R180 RWB380.3DTECB Pro 3D Auto Wheel Balancer RWB380 CHANGER/BAL/ALIGNERS WS $ 16,502.00 41.0% $ 9,736.18 No R155 RWB355SB Pro 3D Wheel Balancer RWB355 CHANGER/BAL/ALIGNERS WS $ 12,024.00 41.0% $ 7,094.16 No R138 RWB338FMDB Pro 2D Wheel Balancer RWB338 CHANGER/BAL/ALIGNERS WS $ 5,466.00 41.0% $ 3,224.94 No R544 RWB280PLUSB Pro Truck 2D Wheel Balancer RWB280PLUS CHANGER/BAL/ALIGNERS WS $ 21,792.00 41.0% $ 12,857.28 No GAR345 GAR345 Large Quick Nut Replacement For GAR101 GAR345 ACCS WA $ 424.00 25.0% $ 318.00 No GAR324 GAR324 Wheel Lift With Automatic Compensation of Wheel Weight GAR324 ACCS WA $ 4,129.00 25.0% $ 3,096.75 No
GAR325 GAR325 Wheel Lift Standard Version GAR325 ACCS WA $ 3,767.00 25.0% $ 2,825.25 No VS129580500 VS129580500 Rubber Protection VS12958050 PARTS WP $ 28.00 25.0% $ 21.00 No VS129580191 VS129580191 Pressure Cap VS12958019 PARTS WP $ 64.00 25.0% $ 48.00 No GAR102 GAR102 Handwheel Quick Fit Nut Optional Accessory for R122 GAR102 ACCS WA $ 365.00 25.0% $ 273.75 No GAR351 GAR351 Standard Air Lock for Model R544 GAR351 ACCS WA $ 202.00 25.0% $ 151.50 No GAR111 GAR111 Optional Passenger Cone Kit for R544 GAR111 ACCS WA $ 413.00 25.0% $ 309.75 No GAR112 GAR112 Optional Small Light Truck Cone for R544 GAR112 ACCS WA $ 190.00 25.0% $ 142.50 No GAR113 GAR113 Optional for All Wheel Balancers Dually Kit Double Sided Cone With Metal Backing Plate for Vans and Light Trucks GAR113 ACCS WA $ 626.00

25.0% $ 469.50 No
GAR124 GAR124 Spacer for All Balancers GAR124 ACCS WA $ 467.00 25.0% $ 350.25 No HW190E400045 HW190E400045 Distance Spacer Donut 40mm HW190E4000 ACCS WA $ 41.00 25.0% $ 30.75 No HW150400110 HW150400110 Pro Collet Kit 40mm HW15040011 ACCS WA $ 1,590.00 25.0% $ 1,192.50 No HW150400123 HW150400123 Low Taper Collect #10 40mm HW15040012 ACCS WA $ 369.00 25.0% $ 276.75 No HW150400139 HW150400139 Low Taper Collet #11 40mm HW15040013 ACCS WA $ 452.00 25.0% $ 339.00 No HW210400002 HW210400002 Series IV Quick Plate Kit 40mm HW21040000 ACCS WA $ 6,461.00 25.0% $ 4,845.75 No HW200299409 HW200299409 North American Flange Plate Kit 40mm HW20029940 ACCS WA $ 2,669.00 25.0% $ 2,001.75 No HW280400172 HW280400172 Pro Centering System HW28040017 ACCS WA $ 7,877.00 25.0% $ 5,907.75 No HW900008205 HW900008205 Adapter Tree HW90000820 ACCS WA $ 428.00 25.0% $ 321.00 No GAR346 GAR346 Laser Calibration Device GAR346 ACCS WA $ 406.00 25.0% $ 304.50 No EXHIBIT 1
1639
VS129580160 VS129580160 Pressure Ring VS12958016 PARTS WP $ 38.00 25.0% $ 28.50 No GAR122 GAR122 Truck Spacer Standard With R544 GAR122 ACCS WA $ 937.00 25.0% $ 702.75 No GAR114 GAR114 GAR114 Cones (2) (7.9"-8.7"-11") GAR114 ACCS WA $ 940.00 25.0% $ 705.00 No GAR172 GAR172 Four Finger Adapter GAR172 ACCS WA $ 688.00 25.0% $ 516.00 No GAR171 GAR171 For Model R544 3 Finger Adapter GAR171 ACCS WA $ 522.00 25.0% $ 391.50 No GAR173 GAR173 Five Finger Adapter GAR173 ACCS WA $ 891.00 25.0% $ 668.25 No HW700008006 HW700008006 HD Centering Stud Aluminum Wheels HW70000800 ACCS WA $ 85.00 25.0% $ 63.75 No HW700008004 HW700008004 Centering Stud Turcks/Buses w/Larger Stud Holes HW70000800 ACCS WA $ 85.00 25.0% $ 63.75 No HW700008005 HW700008005 Centering Stud Short Flat Head HW70000800 ACCS WA $ 85.00 25.0% $ 63.75 No GAR266T GAR266T For Model R544 3D Wheel Tire Sensor Caliper for Automatic Measure of Rim Width GAR266T ACCS WA $ 987.00 25.0% $ 740.25 No HW280400139 HW280400139 ProMax MD 40mm Centering Solutions for All 8 & 10 Lug MD Vehicles HW28040013 ACCS WA $ 4,081.00 25.0% $ 3,060.75 No R1080Plus RWATD3000HPR Portable 3D Wheel Aligner System RWATD3000 CHANGER/BAL/ALIGNERS WS $ 37,124.00 41.0% $ 21,903.16 No R1070 RWA7080WS Pro CCD 8-CCD Sensor Wheel Alignment System RWA7080 CHANGER/BAL/ALIGNERS WS $ 24,906.00 41.0% $ 14,694.54 No R5000HD RWA8060TWS CTA Pro 6-CCD Heavy Duty Commercial Truck Aligner RWA8060TWS CHANGER/BAL/ALIGNERS WS $ 54,671.00 41.0% $ 32,255.89 No STDA29L STDA29L Pair of Heavy Duty Turntables STDA29L ACCS WA $ 2,017.00 25.0% $ 1,512.75 No STDA128 STDA128 Battery Set of 2 for Model R1080 Sensors STDA128 ACCS WA $ 842.00 25.0% $ 631.50 No STDA101 STDA101 Set of 4 Clamping Arms 34" to 44" STDA101 ACCS WA $ 534.00 25.0% $ 400.50 No STDA46EU STDA46EU Set of 2 Self Centering 4 Point Clamps With Quick Locking Units and ABS Claws STDA46EU ACCS WA $ 1,673.00 25.0% $ 1,254.75 No STDA35E STDA35E Set of 2 Self Centering 3 Point Clamps With Quick Locking Units and ABS Claws STDA35E ACCS WA $ 3,846.00 25.0% $ 2,884.50 No STDA33EU STDA33EU Set of 2 Self Centering 4 Point Clamps With Removable Claws Clamps 10" to 24" Wheels STDA33EU ACCS WA $ 803.00 25.0% $ 602.25 No STDA92 STDA92 Patented Set of 2 Non-Run Out Quick Adapters for Model R5000HD STDA92 ACCS WA $ 6,303.00 25.0% $ 4,727.25 No
STDA49N STDA49N Truck Trailer Alignment Fixture for R5000HD STDA49N ACCS WA $ 2,586.00 25.0% $ 1,939.50 No STDA39 STDA39 8 Tips Cone Style STDA39 ACCS WA $ 62.00 25.0% $ 46.50 No VS14000AA VS14000AA One Standard Depth ABS Claw for 3 Point Quick Clamps VS14000AA ACCS WA $ 16.00 25.0% $ 12.00 No STDA3D/QC STDA3D/QC Kit of Two Stands for Model R1080 STDA3D/QC ACCS WA $ 2,350.00 25.0% $ 1,762.50 No STDA14 STDA14 CCD Calibration Kit STDA14 ACCS WA $ 3,517.00 25.0% $ 2,637.75 No Z100039BK Z100039BK Camera Brackets for Rotary YA12 Lift Z100039BK ACCS WA $ 72.00 25.0% $ 54.00 No BP9 BP9113000BL Symmetric Arms & Columns, Chain Driven 9,000lb Capacity BP9 FORWARD FL $ 8,812.00 41.0% $ 5,199.08 No
I10 I10N500MBL Three Stage Front Spot-Rite Arms Symmetric Columns 10,000lb Capacity 2 Post Lift I10 FORWARD FL $ 8,163.00 41.0% $ 4,816.17 No I12N300 I12N300BL 3 Stage Symmetric Overall Height 166" I12T FORWARD FL $ 15,222.00 41.0% $ 8,980.98 No I12N301 I12N301BL 3 Stage Symmetric Overall Height 178" I12T FORWARD FL $ 15,222.00 41.0% $ 8,980.98 No I12N302 I12N302BL 3 Stage Symmetric Overall Height 154" I12T FORWARD FL $ 15,222.00 41.0% $ 8,980.98 No I12N303 I12N303BL 3 Stage Symmetric Overall Height 143" I12T FORWARD FL $ 15,222.00 41.0% $ 8,980.98 No F12N300 F12N300TYBL 2 Stage Symmetric Overall Height 166" F12T FORWARD FL $ 12,388.00 41.0% $ 7,308.92 No F12N301 F12N301TYBL 2 Stage Symmetric Overall Height 178" F12T FORWARD FL $ 12,388.00 41.0% $ 7,308.92 No F12N302 F12N302TYBL 2 Stage Symmetric Overall Height 154" F12T FORWARD FL $ 12,388.00 41.0% $ 7,308.92 No F12N303 F12N303TYBL 2 Stage Symmetric Overall Height 143" F12T FORWARD FL $ 12,388.00 41.0% $ 7,308.92 No DP15N000 DP15N000BL Symmetric Screw Type Adjustable Adapters Pads 2 Post Lift 15,000lb Capacity Overall Height 12' 10 3/4" DP15 FORWARD FL $ 21,329.00 41.0% $ 12,584.11 No DP15N001 DP15N001BL Symmetric Screw Type Adjustable Adapters Pads 2 Post Lift 15,000lb Capacity Overall Height 14' 7" DP15 FORWARD FL $ 21,329.00 41.0% $ 12,584.11 No DP15N002 DP15N002BL Symmetric Screw Type Adjustable Adapters Pads 2 Post Lift 15,000lb Capacity Overall Height 16' 7" DP15 FORWARD FL $ 22,922.00 41.0% $ 13,523.98 No DP18N000 DP18PN000BL
Symmetric Arms & Columns Screw Type Adjustable
Adapter Pads 2 Post Lift 18,000lb Capacity Overall Height 12' 10 3/4"
DP18 FORWARD FL $ 32,302.00

41.0% $ 19,058.18 No
DP18N001 DP18PN001BL Symmetric Screw Type Adjustable Adapters Pads 2 Post Lift 15,000lb Capacity Overall Height 14' 7" DP18 FORWARD FL $ 32,302.00 41.0% $ 19,058.18 No DP18N002 DP18PN002BL Symmetric Screw Type Adjustable Adapters Pads 2 Post Lift 15,000lb Capacity Overall Height 16' 7" DP18 FORWARD FL $ 33,624.00 41.0% $ 19,838.16 No CR14 CR14N201YBL General Service 4 Post Lift 14,000lb Capacity 182.5" Wheelbase CR14T FORWARD FL $ 14,166.00 41.0% $ 8,357.94 No EXHIBIT 1
1640
CR14 EL CR14N202YBL General Service 4 Post Lift 14,000lb Capacity 215" Wheelbase
00 0.00 $ 16,504.00 41.0% $ 9,737.36 No
S100136M S100136MBL Bolt On Alignment Kit S100136MBL ACC. AC $ 6,408.00 25.0% $ 4,806.00 No S100137M S100137MBL Bolt On Alignment Kit EL2 S100137MBL ACC. AC $ 7,265.00 25.0% $ 5,448.75 No S100183 S100183 Efficiency Kit For CR14/CRO14 S100183 ACC. AC $ 11,590.00 25.0% $ 8,692.50 No CRA14 CRA14N201YBL Alignment Rack 4 Post 14,000lb Capacity 182.5" Wheelbase CRA14T FORWARD FL $ 30,470.00 41.0% $ 17,977.30 No CRA14 EL CRA14N202YBL Alignment Rack 4 Post 14,000lb Capacity 215" Wheelbase CRA14T FORWARD FL $ 33,240.00 41.0% $ 19,611.60 No S100138 S100138BL Bolt On Alignment Kit for CR18 S100138BL ACC. AC $ 10,250.00 25.0% $ 7,687.50 No S100139 S100139BL Bolt On Alignment Kit for CR18-3 S100139BL ACC. AC $ 10,771.00 25.0% $ 8,078.25 No S100184 S100184 Efficiency Kit For CR18 Includes (2) Rolling Jacks and Internal Airline Kit S100184 ACC. AC $ 16,719.00 25.0% $ 12,539.25 No M140130 M140130RD Drive On Runway Assembly Includes Airline Kit for use with FCH 25' Length M140130RD ACC. AC $ 28,803.00 25.0% $ 21,602.25 No FCH218 FCH218U200RDYL Portable (2) Column Lift Battery Operated With Adjustable Forks 36,000lb Capacity FCH218 MOBILE COLUMN FM $ 39,134.00 41.0% $ 23,089.06 No FCH418 FCH418U200RDYL Portable (4) Column Lift Battery Operated With Adjustable Forks 72,000lb Capacity FCH418 MOBILE COLUMN FM $ 78,265.00 41.0% $ 46,176.35 No FCH618 FCH618U200RDYL Portable (6) Column Lift Battery Operated With Adjustable Forks 108,000lb Capacity FCH618 MOBILE COLUMN FM $ 117,397.00 41.0% $ 69,264.23 No M140101 M140101KITRD Drive On Runway Assembly for FCH418 M140101KIT PARTS BP $ 68,016.00 25.0% $ 51,012.00 No M140166 M140166RD Bolt Down Kit For FCH13 M140166RD ACC. AC $ 768.00 25.0% $ 576.00 No M140165 M140165RD Bolt Down Kit For FCH18 M140165RD ACC. AC $ 768.00 25.0% $ 576.00 No M140071 M140071YL Wheel Adapters M140071YL ACC. AC $ 2,625.00 25.0% $ 1,968.75 No EFP8 EFP8P000MBK 4 Post Enthusiast Lift 8,000lb Capacity EFP8 FORWARD FL $ 9,007.00 41.0% $ 5,314.13 No EFP9 EFP9P000MBK 4 Post Enthusiast Lift 9,000lb Capacity EFP9 FORWARD FL $ 11,019.00 41.0% $ 6,501.21 No 6000MRL 6000MRLFBK Portable Mid Rise Lift 6,000lb Capacity 00 0.00 $ 5,672.00 41.0% $ 3,346.48 No
BJ10 BJ10BK Jack For Motorcycle Lift BJ10BK
0 0.00 $ 342.00 41.0% $ 201.78 No
RRJ70G RRJ71GFWD Pneumatic Hydraulic Rolling Bridge Jack 7,000lb Capacity RRJ71GFWD ACC. AC $ 5,359.00 25.0% $ 4,019.25 No RJ901000 RJ901000YBK Pneumatic Hydraulic Rolling Bridge Jack 9,000lb Capacity RJ901000Y ACC. AC $ 7,924.00 25.0% $ 5,943.00 No RJ153BK RJ153BK Ramp Kits RJ153BK ACC. AC $ 18,464.00 25.0% $ 13,848.00 No RJ22L RJ22BK Pneumatic Hydraulic Rolling Bridge Jack 22,000lb Capacity RJ22BK ACC. AC $ 25,058.00 25.0% $ 18,793.50 No FJ6263 FJ6263 Wide Drop In Adapter for DP10/I10 Lifts With 1 1/4" Diameter Pilot for Lifting FJ6263 ACC. AC $ 1,053.00 25.0% $ 789.75 No FJ6257KIT FJ6257KIT Wide Drop In Adapter for DP10/I10 Lifts With 1 1/2" Diameter Pilot for Lifting FJ6257KIT ACC. AC $ 976.00 25.0% $ 732.00 No FJ6245KIT FJ6245Y Kit of Four Round Adapters Bracket and Hardware FJ6245Y ACC. AC $ 190.00 25.0% $ 142.50 No 2800929 2800929BL 24" Wide 47" Long Mounted Approach Drive Thru Ramps Set of Two 2800929BL ACC. AC $ 2,237.00 25.0% $ 1,677.75 No 134K01 134K01BL 24" Wide 72" Long Floor Mounted Approach Drive Thru Ramps Set of Two 134K01 ACC. AC $ 4,020.00 25.0% $ 3,015.00 No TT1000YKIT TT1000YKIT Standard Turning Radius Gauge Kit TT1000YKIT ACC. AC $ 778.00 25.0% $ 583.50 No F10 F10N500MBL FORWARD FL $ 7,560.00 41.0% $ 4,460.40 No EFX60 EFX-60-S Flush stationary scissor, 48” pocket opening, not equipped with adapter kits.
0 $ 253,883.00 41.0% $ 149,790.97 Yes
EFX90 EFX-90-S
0 $ 284,982.00 41.0% $ 168,139.38 Yes
XA12 XA12N000RD Scissor alignment XA12 LIGHT DUTY LL $ 44,062.00 41.0% $ 25,996.58 No V44-28 F VRX44-28LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 44,000lb Capacity With 300" Max Wheelbase V44-28 F HEAVY DUTY HL $ 176,514.00 41.0% $ 104,143.26 No V44-30 F VRX44-30CF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 44,000lb Capacity With 324" Max Wheelbase V44-30 F HEAVY DUTY HL $ 181,079.00 41.0% $ 106,836.61 No V44-32 F VRX44-32LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 44,000lb Capacity With 348" Max Wheelbase V44-32 F HEAVY DUTY HL $ 185,388.00 41.0% $ 109,378.92 No V44-36 F VRX44-36CF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 44,000lb Capacity With 396" Max Wheelbase V44-36 F HEAVY DUTY HL $ 197,500.00 41.0% $ 116,525.00 No V64-28 F VRX64-28LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 64,000lb Capacity With 300" Max Wheelbase V44-36 F HEAVY DUTY HL $ 181,734.00 41.0% $ 107,223.06 NO EXHIBIT 1
1641
V64-30 F VRX64-30LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 64,000lb Capacity With 324" Max Wheelbase V64-28 F HEAVY DUTY HL $ 186,300.00 41.0% $ 109,917.00 NO V64-32 F VRX64-32LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 64,000lb Capacity With 348" Max Wheelbase V64-30 F HEAVY DUTY HL $ 190,855.00 41.0% $ 112,604.45 NO V64-36 F VRX64-36CF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 64,000lb Capacity With 396" Max Wheelbase V64-32 F HEAVY DUTY HL $ 203,965.00 41.0% $ 120,339.35 NO V64-48 F VRX64-48LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 64,000lb Capacity With 540" Max Wheelbase V64-36 F HEAVY DUTY HL $ 224,135.00 41.0% $ 132,239.65 NO V80-28 F VRX80-28LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 80,000lb Capacity With 300" Max Wheelbase V64-48 F HEAVY DUTY HL $ 196,580.00 41.0% $ 115,982.20 No V80-30 F VRX80-30LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 80,000lb Capacity With 324" Max Wheelbase V80-28 F HEAVY DUTY HL $ 198,843.00 41.0% $ 117,317.37 No V80-32 F VRX80-32LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 80,000lb Capacity With 348" Max Wheelbase V80-30 F HEAVY DUTY HL $ 204,919.00 41.0% $ 120,902.21 No V80-48 F VRX80-48LF00RD 4-Leg Flush Mounted Clear Floor Open Base Vertical Rise Lift 80,000lb Capacity With 540" Max Wheelbase V80-32 F HEAVY DUTY HL $ 235,429.00 41.0% $ 138,903.11 No SPO10-TRIO-FA SPO10N1600BL 2 Post Symmetric Lift With TRIO Flip Up Adapters V80-48 F HEAVY DUTY PS $ 11,684.00 41.0% $ 6,893.56 Yes SPO10-TRIO-FA EH1 SPO10N1605BL 2 Post Symmetric Lift With TRIO Flip Up Adapters EH1 0 LIGHT DUTY PS $ 12,114.00 41.0% $ 7,147.26 Yes SPO10-TRIO-FA EH2 SPO10N1607BL 2 Post Symmetric Lift With TRIO Flip Up Adapters EH2 0 LIGHT DUTY PS $ 13,043.00 41.0% $ 7,695.37 Yes EXHIBIT 1
1642
5 (Rev. 9.30.22)

EXHIBIT B

INSURANCE REQUIREMENTS
EXHIBIT 1
1643
6 (Rev. 9.30.22)

EXHIBIT C
EXHIBIT 1
1644
Quote # : Prepared By:

Date:

Requested By: *If completion of installation is delayed more Quote Expires: than one month due to governmental entity Payment Terms: delays (i.e. electrical, etc.), Rotary can request Warranty: partial payment for work completed.
(both equipment and installation).

Note:

Project Name:

Model No. Description Per Unit Price Qty. Extended Price MCHM619U100BK $ 79,529.64 2 $ 159,059.28
SPO16N1T0BL 2-Post Symmetric Lift 16,000 lb Capacity w/All TRIO Arms $ 21,693.12 2 $ 43,386.24 FA845-MCH-KIT MACH FLEX Remote Controller, and Dock Kit $ 2,633.00 2 $ 5,266.00 XXX01CTT Installation $ 78,977.80 1 $ 78,977.80
**Please See Attached Scope of Work**
Freight Prepaid by Rotary Lift
*Does not include any applicable sales tax
Total Price: $ 286,689.32
ADDITIONALTERMS AND CONDITIONS: By submitting a purchase order to Vehicle Service Group, LLC. (VSG), customer accepts and agrees to these terms and conditions as additional terms to the extisting agreement between the parties referenced on the face of this quotation (Existing Agreement), notwithstanding anything to the contrary contained therein.

All additional or different terms and conditions contained in Customer's purchase order are hereby rejected. No additional or different terms or conditions, or any modifications, changes, or amendments to these terms of the existing agreement shall be binding on VSG, unless expressly accepted by VSG in writing.

DISCLAIMER: Notwithstanding anything to the contrary in the Existing Agreement, VSG shall not be liable for any loss, damage or additional costs arising from unforeseen conditions affecting installation, including but not limited to contaminated soil, bed rock, in-floor heating system, high water conditions, or any othertype of in-ground conditions. Customer acknowledges and agrees that Customer shall be responsible for any additional costs due to such conditions, in addition to the installation price set forth herein.

DELAY: Notwithstanding anything to the contrary in the Existing Agreement, if delivery of the equipment or completion of the work is delayed by more than thirty (30) days due to the acts or ommission of Customer or any third party other than VSG or its subcontractors, VSG may require Customer to render payment for equipment manufactured or delivered, and portions of the work completed, within thirty (30) days from the date of VSG's invoice, in the amounts set forth in such invoice. *Cancelled orders or returned goods are subject to 20% restocking fee Master Agreement:CW7254 Rotary Lift
CAGE #: 7K311 2700 Lanier Dr.

Tax ID #: 90-0501347 Madison, IN 47250
DUNS #: 00-638-2634 Tammy Boldery, Government Sales Leader 800.445.5438 x 5655
[email protected]
Portable (6) Column Lift W/Remote Control Operation 112,800 lb Capacity Quote for Equipment
City of Stockton, CA
Tammy Boldery
Vehicle Service Group
NASPO ValuePoint
Equipment Quotation
2024451
8/9/2024
Alanna Bindi
12/7/2024
1/2%-15th,NET 30
1yr. Parts & Labor
EXHIBIT 1
1645
EXHIBIT 1
1646
EXHIBIT 1
1647
EXHIBIT 1
1648
EXHIBIT 1
1649
City of Stockton
Legislation Text
File #: 24-1062, Version: 1
PUBLIC MEETING: STOCKTON TOURISM BUSINESS IMPROVEMENT DISTRICT RENEWAL

RECOMMENDATION
No recommendation/action. The public meeting is to provide interested parties an opportunity to provide testimony in support or opposition of the Stockton Tourism Business Improvement District assessment pursuant to the Property and Business Improvement District Law of 1994.

Summary
A Tourism Business Improvement District is a flexible financing tool for creating private-sector, selfgoverned management districts. The Stockton Tourism Business Improvement District (STBID) is one such district, formed by the City Council in 2010, (Reso 10-0406, Attachment A) to support the marketing and attraction efforts of hospitality and tourism business within the City of Stockton. The district was reestablished (renewed) for an additional ten years in 2014 by Reso. 2014-11-04-1601- 01 (Attachment B).

The Stockton Convention and Visitors Bureau (Visit Stockton) is contracted to manage the STBID and delivers tourism marketing and attraction programs in alignment with the STBID Management District Plan. 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.

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 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 C), and again in 2014 through Resolution 2014-11-04-1601-02 (Attachment D).

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 City of Stockton Page 1 of 3 Printed on 11/7/2024
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File #: 24-1062, Version: 1
the TBID, and those funds are used to provide services that are desired by and benefit the lodging businesses within the TBID.

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 E) 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 will increase from four (4%) to 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.

The basic steps to renew the STBID are:
· Jul- Sept, 2024 - Solicited hoteliers signed a petition to renew the STBID · October 1, 2024 - Council adopted a Resolution of Intention (Attachment F- Resolution 2024- 10-01-1208-01), to renew the STBID and preliminarily approve the Management District Plan · October 4, 2024 - Notices to renew the STBID were mailed to lodging businesses · November 12, 2024 - Hold a public meeting to provide interested parties an opportunity to provide testimony supporting/opposing the assessment
· November 19, 2024 - Hold a public hearing where Council takes action (approves) the renewal of the STBID
City of Stockton Page 2 of 3 Printed on 11/7/2024
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File #: 24-1062, Version: 1
· November 19, 2024 - Council approves the contract between the City and Visit Stockton for management services of the STBID
· January 1, 2025 - If all of the above steps are completed/supported then the STBID will be renewed for a ten year period - January 1, 2025 through December 31, 2035.

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. (Attachment G- Request for Modification)

NOTIFICATION
The City Clerk was directed in the Council Resolution 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 included, but was not 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 also published the Resolution of Intention in a newspaper of general circulation in the City at least seven (7) days before the public hearing and mailed 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.

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 collections.

Attachment A - Council Resolution 10-0406
Attachment B - Council Resolution 2014-11-04-1601-01
Attachment C - Council Resolution 10-0407
Attachment D - Council Resolution 2014-11-04-1601-02
Attachment E - Management District Plan
Attachment F - Council Resolution 2024-10-01-1208-01
Attachment G - Request for Modification
City of Stockton Page 3 of 3 Printed on 11/7/2024
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.$.S CITY OF STOCKTON

STOCKTON CITY COUNCIL
CITY HALL, STOCKTON, CALIFORNIA 95202
TELEPHONE (209) 937-8458
Doc�: 2010-165429
12/21/2010 02:57:22 PM
Page: 1 of 5 Fee: $0
Kenneth W Blakemore
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San Joaquin County Recorders
Paid By: CITY OF STOCKTON
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I, KA THERINE GONG MEISSNER, do hereby certify as follows:

I am the duly appointed, qualified City Clerk of the City of Stockton, a California municipal corporation; as such City Clerk, I am the custodian of the official records of the City Council of said City. The attached Resolution is a full, true, and correct copy of Resolution No. 10-0406 of said City Council, which was adopted by the City Council on December 14, 2010 on file in the City Clerk's office.

IN WITNESS WHEREOF, I have hereto affixed my hand and the seal of the City of Stockton on December 14, 2010.

KA THERINE GONG MEISSNER, CITY CLERK

CITY OF STOCKTON
By DEPUTY
-(l>! Katherine Gong Meissner, City Clerk
::OOMA\GRPWISE\COS.CC.CC _library:125135.1

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ATTACHMENT B
Resolution No.2014-11-04-1601-01

STOCKTON CITY COUNCIL

RESOLUTION DECLARING THE RESULTS OF THE MAJORITY PROTEST

PROCEEDINGS, RENEWING THE STOCKTON TOURISM BUSINESS

IMPROVEMENT DISTRICT FOR A TEN-YEAR PERIOD, LEVYING AN

ASSESSMENT ON LODGING BUSINESSES WITHIN THE DISTRICT, AND

APPROVING A MANAGEMENT DISTRICT PLAN
A Tourism Business Improvement District is a flexible financing tool for creating private-sector, self-governed management districts; and The City of Stockton has one such district, the Stockton Tourism Business Improvement District (STBID), formed by the City Council in 2010 for a period of five years ending on December 31, 2015; and
The Property and Business Improvement District Law of 1994 (Sts. & Hy. Code, § 36600 et. seq.) authorizes the City to renew business improvement districts upon petition by a weighted majority of the lodging business owners located within the boundaries of the district; and
Lodging business owners who will pay more than fifty percent (50%) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the STBID have petitioned the City Council to renew the STBID; and
Included with the petitions was a Management District Plan summary that describes the proposed assessment to be levied on lodging businesses within the STBID to pay for sales promotion and marketing activities, and other improvements and activities set forth in the Management District Plan; and The assessed lodging businesses within the STBID will be specifically benefited by the activities and improvements set forth in the Management District Plan; and On September 9, 2014, at 5:30 p.m. at 425 N. El Dorado Street, 2nd Floor, Stockton, CA 95202, the City Council adopted a Resolution of Intention, Resolution No. 2014-09-09-1202, to renew the STBID for a ten-year period commencing on January 1, 2016; and
On September 23, 2014, at 5:30 p.m. at 425 N. El Dorado Street, 2nd Floor, Stockton, CA 95202, the City Council held a public meeting to provide interested parties with the opportunity to provide testimony in support or opposition to the renewal of the STBID and levying of assessment pursuant to the Property and Business Improvement 1658
District Law of 1994 and notices were sent to local lodging businesses informing them of the meeting; and
The public meeting and public hearing to consider the renewal of the STBID were properly noticed in accordance with Streets and Highways Code section 36623; and On November 4, 2014, at 5:30 p.m. at 425 N. El Dorado Street, 2nd Floor, Stockton, CA 95202, the City Council held a public hearing regarding the renewal of the STBID, and the City Council heard and received all objections and protests, if any, to the renewal of the STBID and the levy of the proposed assessment; and The City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of businesses in the proposed district which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed to be levied on each lodging business; now, therefore,

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

1. The recitals set forth herein are adopted by the City Council as findings and they are true and correct.

2. The STBID is hereby renewed for a ten (10) year term, beginning January 1, 2016 through December 31, 2025.

3. The activities to be provided to benefit businesses in the district will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the district; to provide activities or improvements outside the STBID; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, and the Management District Plan.

4. The City Council finds as follows:
a. The activities funded by the assessment will provide a specific benefit to assessed businesses within the STBID that is not provided to those not paying the assessment.
b. The assessment is a charge imposed for 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. c. The assessment is a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not

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charged, and which does not exceed the reasonable costs to the local government of providing the service or product.
d. Assessments imposed pursuant to the STBID are levied solely upon the assessed business, and the business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all communications from the business owner as the "STBID Assessment.

5. The assessments levied for the STBID shall be applied towards sales, promotions and marketing programs to market Stockton lodging businesses as tourist, meeting and event destinations, and other improvements and activities as set forth in the Management District Plan.

6. Assessments levied on lodging businesses pursuant to this resolution shall be levied on the basis of benefit. Because the services provided are intended to increase room rentals, an assessment based on room rentals is the best measure of benefit.

7. The assessments for the entire District will total approximately $990,000 in year one.

8. Bonds shall not be issued to fund the STBID.

9. The STBID shall include all lodging businesses located within the boundaries of the City of Stockton. A boundary map is attached hereto as Exhibit 1 and incorporated herein by this reference.

10. The assessments shall be used for the purposes set forth above and any funds remaining at the end of any year may be used in subsequent years in which the STBID assessment is levied as long as they are used consistent with the requirements set forth herein.

11. The assessments to fund the activities and improvements for the STBID will be collected at the same time and in the same manner as are transient occupancy taxes, and in accordance with Streets and Highways Code section 36631.

12. Stockton Convention & Visitors Bureau (Visit Stockton) shall be the Owners Association for the District pursuant to Streets and Highways Code section 36614.5.

13. Pursuant to Streets and Highways Code section 36650, Visit Stockton 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 improvement and

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activities described in the report. The first report shall be due after the first year of operation of the district.

14. The STBID established pursuant to this resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (Sts. & Hy. Code,§ 36600 et. seq.).

15. The City Clerk, or his or her designee, is directed to take all necessary actions to complete the establishment of the STBID and to levy the assessments.

16. This Resolution shall take effect immediately upon its adoption by the City Council.

17. The City Manager is hereby authorized and directed to take all necessary and appropriate action to carry out the purpose and intent of this Resolution.

PASSED,APPROVED,and ADOPTED __ �N�o�v�e=m=b�er�4�,�2=0�14-'---- ATTEST:

BONNIE PAIGE, City
of the City of Stockton
ANTH ,
the City of Stockto

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District Map
CITY
OF
OCKT

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ATTACHMENT C
Resolution No.10-0407

STOCKTON CITY COUNCIL

RESOLUTION DESIGNATING A NON-PROFIT CORPORATION TO OPERATE THE

STOCKTON TOURISM BUSINESS IMPROVEMENT DISTRICT AND AUTHORIZE

THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STOCKTON

CONVENTION AND VISITORS BUREAU FOR ADMINISTRATION OF FUNDS On December 14, 2010, the City Council established the Stockton Tourism Business Improvement District ("STBID") and adopted the associated Management District Plan; and
The STBID was established to provide services to the district, including promoting Stockton as a business, conference, sports, and visitor destination; and The adopted Management Plan describes the governance framework for the STBID which allows the City of Stockton to contract with a non-profit corporation to manage STBID funds and deliver the services; and
The City would like to enter into a contract with tlhe Stockton Convention and Visitors Bureau and designate the organization to manage STBID funds and deliver the services; and
The Stockton Convention and Visitors Bureau annually submits to the City for review, comment, and approval by the City Council, a report describing the District services, activities, and proposed budget for each year of operation; now, therefore,

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

1. The City Council designates the non-profit corporation, Stockton Convention and Visitors Bureau, to operate the STBID with responsibility for managing the assessment collected and delivery of services as described in the adopted STBID Management Plan.

2. The City Council hereby approves the Contract between the City of Stockton and the Stockton Convention and Visitors Bureau, attached hereto as Exhibit 1, which will allow the City to transfer funds to the Stockton Convention and Visitors Bureau.

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3. The City Manager is authorized to take such other action as are appropriate to carry out the intent of this Resolution.

PASSED,APPROVED,andADOPTED ___ D_EC_1_4_2_010 ____ _

ANNJOHNST
of the City of
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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 CONTENTS
I. OVERVIEW ........................................................................................................................................ 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 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com

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STBID Management District Plan
August 13, 2024
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 than 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
August 13, 2024
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 lodging 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 TBIDs 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
August 13, 2024
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
August 13, 2024
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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STBID Management District Plan
August 13, 2024
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, Administration, $1,500,000 , 75% $400,000 , 20% Contingency/Renewal,
$100,000 5%
Initial Annual Assessment Budget -
$2,000,000

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STBID Management District Plan
August 13, 2024
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 City’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 annually 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 business owners wish to renew the district, the contingency funds may be used for renewal costs.

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STBID Management District Plan
August 13, 2024
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 -ofone 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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STBID Management District Plan
August 13, 2024
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 nonpaying 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 STBIDfunded 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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STBID Management District Plan
August 13, 2024
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 assessed 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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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 Owners’ 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. “Improvement”
“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-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based 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 propertybased 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 propertybased 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 propertybased 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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STBID Management District Plan
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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.

ATTACHMENT E
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STBID Management District Plan
August 13, 2024
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

ATTACHMENT E
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STBID Management District Plan
August 13, 2024
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 E
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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 E
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«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 E
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ATTACHMENT F
Resolution No. 2024-10-01-1208-01

STOCKTON CITY COUNCIL

A RESOLUTION DECLARING INTENTION TO RENEW THE STOCKTON TOURISM

BUSINESS IMPROVEMENT DISTRICT AND FIXING THE TIME AND PLACE OF A

PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE

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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ATTACHMENT F

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 as 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, there are of record written protests by the owners of the lodging businesses 1702

ATTACHMENT F
ATTEST:

KATHERINE R. LAND, CMC CPMC
within the renewed STBID that will pay fifty percent (50%) or more of the estimated total assessment of the entire 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
Interim City Clerk of the City ofStockton
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ATTACHMENT F
S Inland DI BowmanRd
. .............. Lynch Rd
"IY
g
EXHIBIT 1
EXHIBIT 1
District Boundaries
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ATTACHMENT G
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Stockton Tourism Business
Improvement District (STBID) RenewalPublic Meeting
Stockton City CouncilAgenda Item 15.1November 12, 2024
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STBID
Background
 Established in 2010- 5 Year Term Renewed in 2014 for 10-year term Established by City at the request of Lodging Business Community
 Stockton Convention and Visitor’s Bureau was contracted to Manage and provide marketing and tourism attraction services for the STBID.  STBID requires that a budget and Management District Plan be created and approved annually by Council
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STBID
Process
 Jul - Sept Hoteliers sign petition to renew Oct 1 Council adopted Resolution of Intent to Renew Oct 4 Notice of Intent to renew mailed to Lodging Businesses Nov 2 Notice regarding public meeting and hearing mailed to lodging businesses
 Nov 12 Hold Public Meeting, receive public testimony – No Action Nov 19 Hold Public Hearing and take action on Renewal Resolutions
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City of Stockton
Legislation Text
File #: 24-1072, Version: 1

PUBLIC CENSURE HEARING TO REVIEW THE CENSURE AD HOC COMMITTEE

RECOMMENDATION, CONSIDER EVIDENCE AND TESTIMONY, AND DETERMINE IF CENSURE

IS WARRANTED

RECOMMENDATION
It is recommended that the Council review the Censure Ad Hoc Committee Recommendation, consider the evidence and testimony, and determine if censure is warranted.

Summary
On October 23, 2024, the Interim City Clerk received the recommendation of the Censure Ad Hoc Committee directing the report be forwarded to the City Council and the matter set for a public censure hearing before the City Council.

Today the City Council is tasked with reviewing the recommendation, considering the evidence and testimony, and determining if censure is warranted.

DISCUSSION
Background
Council Policy Manual Chapter 4.08 (Council Censure) establishes the process for the censure of councilmembers. The process begins with the submission of a complaint by two councilmembers and an initial discussion before Council to determine whether the process should move forward. Absent a unanimous vote by the uninvolved councilmembers (those who did not submit and are not the subject of the complaint), the process continues.

On August 2, 2024, Councilmembers Blower and Villapudua submitted a complaint to the Interim City Clerk pursuant to Council Policy 4.08 (Attachment A- Complaint, Attachment B - Council Policy 4.08) requesting a censure hearing regarding an alleged violation of Council Policy 5.10 (Attachment C - Council Policy 5.10) by Councilmember Padilla.

At the August 20, 2024, Council Meeting, there was no unanimous vote to stop the process and the Mayor appointed the Council Censure Ad-Hoc Committee pursuant to Council Policy 4.08.020(2).

The Ad Hoc met on October 7, 2024, to consider the following evidence compiled by staff:

1. Complaint

2. Council Policy 4.08
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3. Council Policy 5.10

4. Stocktonia Article- Padilla’s Party in the Park (Attachment D)

5. Record Article- Nonprofit Donors React to Candidate Speeches (Attachment E)

6. Record Article- Padilla May Face Censure (Attachment F)

7. Video Link- Stocktonia Article (Padilla’s Party in the Park) (Attachment G)

8. Video Link- 08-20-2024 (Council Meeting Councilmember Padilla’s Comments) (Attachment H)

9. All documents related to Councilmember Padilla’s Event including the original Discretionary Fund request (Attachment I)
Following review of the evidence and discussion, the Committee appointed members Wright and Lenz to draft the censure report and recommendation. The recommendation of the Ad Hoc was received by the Interim City Clerk on October 23, 2024 (Attachment J - Censure Ad Hoc Committee Report and Recommendation).

The City Council is now tasked with reviewing the recommendation, considering the evidence and testimony, and determining if censure is warranted.

Present Situation
The recommendation of the Ad Hoc Committee states in part, “Following review of all compiled facts and evidence, the Censure Ad Hoc Committee finds that the allegations in the complaint are supported by sufficient evidence that a serious violation of adopted City policy has occurred. Specifically, that Council Policy 5.10 was violated because discretionary funds were used at an event where political activity occurred rendering the event political in nature.

The Committee’s determination is supported by the following evidence of political activity:

1. Several candidates for local office were present at the event and Padilla invited them to speak.

2. The candidate-speakers discussed their candidacy and the upcoming election.

3. At least one candidate-speaker encouraged voting for the other candidate-speakers.

4. One of the candidate-speakers referenced the creation of a majority voting block.

5. Councilmember Padilla wore a campaign shirt as did one of the candidate-speakers.” Council Policy 4.08.020 requires that the member:

1. Receive notice of the hearing.

2. Be given an opportunity to be heard during the hearing, including the opportunity to refute City of Stockton Page 2 of 3 Printed on 11/7/2024
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evidence
Councilmember Padilla was notified of the hearing and provided the Ad Hoc recommendation on October 24, 2024 (Attachment K - 2024-10-24 Notice of Public Censure Hearing - Councilmember Padilla).

Council Policy 4.08.020(11) states that “A City Council decision to censure requires the adoption of a Resolution making findings, based on substantial evidence that the member has engaged in conduct that constitutes a violation of law or a serious violation of an adopted City policy. The resolution must be affirmed by at least four affirmative votes of the Council. The accused Councilmember shall not participate in the City Council’s deliberations after the Public Hearing is closed or in any vote by the City Council on the proposed censure.”
Findings are essentially a conclusion by the Council based on the evidence, testimony, and discussion regarding this item. The findings presented on the Resolution are based on the Censure Ad Hoc Committee discussion and recommendation. The Council is entitled to adopt as is or make changes if desired.

City Council should now, review the recommendation, consider the evidence and testimony, and determine if censure if warranted.

FINANCIAL SUMMARY
There is no direct financial impact should Council adopt a resolution censuring Councilmember Padilla.

Attachment A - Complaint
Attachment B - Council Policy 4.08
Attachment C - Council Policy 5.10
Attachment D - Stocktonia Article - Padilla's Party in the Park Attachment E - Record Article - Nonprofit Donors React to Candidate Speeches Attachment F - Record Article - Padilla May Face Censure Attachment G - Video Link - Stocktonia Article (Padilla's Party in the Park) Attachment H - Video Link - 08-20-2024 (Council Meeting Councilmember Padilla's Comments) Attachment I - Councilmember Padilla's Event Documents, Discretionary Fund Request Attachment J - Censure Ad Hoc Committee Report and Recommendation Attachment K - 2024-10-24 Notice of Public Censure Hearing - Councilmember Padilla City of Stockton Page 3 of 3 Printed on 11/7/2024
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CHAPTER 4.08

COUNCIL CENSURE
§ 4.08.010. Policy.
§ 4.08.020. Procedures.
1) In order to deter violations of law and serious violations of adopted City policies, the City Council may take formal action against its members for such misconduct in the form of censure.
2) Censure is a formal Resolution of City Counsel reprimanding one of its own members for specified conduct, generally a violation of law or of City policy where the violation of policy is considered to be a serious offense.
3) Censure should not follow an occasional error in judgment, which occurs in good faith and is unintentional.
4) Censure carries no fine or suspension of the rights of the member as an elected official but a censure is a punitive action that serves as a punishment for wrongdoing. 1) Any two members of the City Council may submit, in writing to the City Clerk, a complaint and request for a censure hearing concerning an alleged violation of law or serious violation of City policies by another member. The complaint shall provide specific allegations and any supporting evidence of specific conduct alleged to violate existing law or adopted City policies. The City Clerk shall place this matter on an agenda at a regular City Council meeting.
2) At that meeting, the Councilmembers who did not submit the complaint and the Councilmember who is not the subject of the censure complaint may, by unanimous vote, direct the censure hearing not proceed. Otherwise, the Mayor shall appoint a Council ad hoc committee to review the complaint as set forth in subsection 4 below. Councilmembers who made the complaint shall not serve on the ad hoc committee. In even numbered years, the ad hoc committee shall be the Mayor and two Councilmembers from Districts 2, 4, or 6. In odd numbered years, the ad hoc committee shall be the Mayor and two Councilmembers from Districts 1, 3, or 5. If the Mayor is either one of the Councilmembers who submitted the complaint or is the subject of the censure complaint, the Vice-Mayor shall serve on the committee and make the other appointment as provided above. If both the Mayor and the Vice-Mayor have submitted the complaint, the Councilmember with the longest tenure (and who is not the subject of the complaint) shall serve on the committee and make the appointment as provided above. If two or more Councilmembers have the same longest tenure, the Councilmembers shall draw straws as to who will serve on the committee and make the other appointment. The make up of the ad hoc committee as described above is the general rule; depending on which Councilmembers have made the complaint and/or which Councilmember is the subject of the complaint, the make up of the ad hoc committee is flexible.
3) A copy of the complaint and request for censure shall be provided to the accused Councilmember as soon as possible following receipt, but in no event less than 72 hours prior City of Stockton, CA
§ 4.08.010 § 4.08.020
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to the meeting of the ad hoc committee at which the complaint and request for a censure hearing will be considered.
4) The ad hoc committee shall review the allegations of the complaint, conduct whatever investigation into the allegations of the complaint is necessary, and prepare a report and recommendation on the complaint to the full City Council. 5) The ad hoc committee shall be staffed by the administrative support staff as may be necessary to assist in its investigation and report to the Council. 6) Upon completion of its review of the complaint and any investigation, the committee shall determine if, considering all the facts and evidence, there are reasonable grounds to believe or not believe that the alleged violation of law or serious violation of adopted City policy occurred. The ad hoc committee shall make a written report to the Council stating the specific law or policy alleged to have been violated, and summarizing the complaint, evidence, and the results of any additional investigation. The ad hoc committee shall also make a recommendation to the Council that the complaint is supported by sufficient evidence of a violation of law or serious violation of adopted City policy to warrant a censure hearing, or, alternatively, that the complaint is not supported by sufficient evidence of a violation of law or serious violation of adopted City policy to warrant a Council censure hearing. 7) If the ad hoc committee determines that the allegations are supported and a censure hearing is warranted, the committee shall direct the City Clerk to forward its report and recommendation to the entire City Council and set the matter for a public censure hearing before the City Council. If the ad hoc committee concludes that the allegations are not supported and a censure hearing is not warranted, the ad hoc committee shall direct the City Clerk to forward the committee's report and recommendation to the entire City Council and no further action on the complaint will be taken unless a City Council majority directs during Council Communications the matter to be placed on its agenda for further consideration. 8) If a public hearing is set before the City Council, prior to any formal action by the City Council to censure a member, there person against whom censure is sought is entitled to due process of law, which requires notice, an opportunity to be heard, including the opportunity to refute evidence against him/her.
9) The hearing shall be far enough in advance to give the member subject to censure adequate time to review the allegations and evidence against him or her and prepare a defense, but no longer than 30 days from the date of the ad hoc committee's recommendation. 10) At the hearing, the member shall be given an opportunity to be heard. 11) A City Council decision to censure requires the adoption of a Resolution making findings, based on substantial evidence that the member has engaged in conduct that constitutes a violation of law or a serious violation of an adopted City policy. The resolution must be affirmed by at least four affirmative votes of the Council. The accused Councilmember shall not participate in the City Council's deliberations after the public hearing is closed or in any vote by the City Council on the proposed censure.

City of Stockton, CA
§ 4.08.020 § 4.08.030
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§ 4.08.030. Responsibilities.

City Clerk: Place allegations of policy violations on agenda for City Council meeting.

Mayor: Appoint a Council ad hoc committee to review complaint.

City Councilmembers: Determine whether censure hearing should proceed. If selected, serve on ad hoc committee to review complaint.
§ 4.08.040. Relevant authority.

The authority for a City Council to censure one of its own members stems from State law.

Government Code Section 36813 provides for a legislative body to establish rules for the conduct of its proceedings.
§ 4.08.050. Related administrative directive, city policy, city procedure.

None applicable.
§ 4.08.060. Related forms, documents, or links.

None applicable.
§ 4.08.070. Frequently asked questions.

None applicable.
§ 4.08.080. Update history.
12/17/13 - Adopted by Resolution No. 2013-12-17-1213
1/26/16 - Amended by Resolution No. 2016-01-26-1203
City of Stockton, CA
§ 4.08.030 § 4.08.080
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CHAPTER 5.10

MAYOR AND COUNCIL DISCRETIONARY FUNDING
§ 5.10.010. Policy.
1) SCOPE
This policy only applies to discretionary funding allocated by the Mayor and Council to be expended by the Mayor and Council in fiscal years when discretionary funding is explicitly adopted in the annual operating budget.

A) This policy shall apply when City Councilmembers act in their official capacity as members of the Council.

B) This policy shall apply when City Councilmembers are requesting funds from their discretionary spending allocations.
2) PURPOSE
A) The City hereby expressly acknowledges its responsibility to wisely administer limited public resources and to expend them only when there will be a substantial benefit to the City and its residents. To conserve City resources and keep expenses within community standards for public officials, expenditures shall adhere to the rules and guidelines set forth in this policy and shall govern reimbursement to City Councilmembers for actual and necessary expenses incurred in the performance of official duties.

B) Authorized Expenses
Expenses incurred by Councilmembers in connection with sponsorship for activities or events constitute authorized and reimbursable expenses under the following conditions:
i) Has a community benefit.
ii) Cannot be religious or political in nature.
iii) Cannot be a personal benefit.

C) Reimbursement for Mileage
i) Communication or meeting with constituents.
ii) Attend local events that have a community benefit
iii) Attend City-sponsored events.
iv) Events and meetings shall not be political or religious in nature.

D) Membership Reimbursement
i) Has a community benefit.
ii) Cannot be personal benefit.

City of Stockton, CA
§ 5.10.010 § 5.10.010
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§ 5.10.020. Process.
3) COMPLIANCE WITH LAWS
Councilmembers should be aware that some expenditures may be subject to reporting under the Political Reform Act and other laws. In addition, all agency expenditures are public records subject to disclosure under the Public Records Act. 4) POLICY VIOLATIONS
A) Violations of this policy, including falsifying expense reports, may result in any or all of the following:
i) Loss of reimbursement privileges;
ii) A demand for restitution to the City;
iii) Reporting the expense to State and Federal tax authorities as income to the Councilmember;
iv) Civil penalties of up to $1,000.00 per day and three times the value of the resources used;
v) Criminal prosecution of misuse of public resources.

B) Violations of this policy are to be addressed by majority vote of the Mayor and Council in public session.
1) COMPLIANCE WITH CITY PROCESSES
A) Requests to expend funds through this policy will be subject to the guidelines and limitations established through the City's internal financial policies and processes.

B) Requests to expend funds through this policy will be processed administratively in accordance with the City's internal financial policies and processes.

C) Requests to expend funds will be reviewed by the City Attorney's Office and City Manager's Office for compliance with the City's internal financial policies and practices. 2) TIMELINE FOR REQUEST FOR PAYMENT/REIMBURSEMENT
A) Councilmembers must submit their request for payment 30 days prior to the expense being incurred. The request should be accompanied with letter or invoice documenting the event.

B) Councilmember must submit their request for reimbursement for expenses within 30 days incurring the expense. The request must be accompanied by an expense report, receipts, and documentation.

C) The 30-day timelines referenced above are based upon when complete documentation is provided.

D) Staff will communicate with the requesting Mayor or Councilmember if there are City of Stockton, CA
§ 5.10.010 § 5.10.020
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§ 5.10.030. Responsibilities.

Mayor and Councilmembers: Compliance with policy; compliance with requirements of internal policies and processes; provide requests and backup documentation to the City Manager's Office.

City Attorney's Office: Review requests for compliance with City policies and processes.

City Manager's Office: Review requests for compliance with City policies and processes; prepare and forward requests for expenditures to the Administrative Services Department.

Administrative Services Department: Process requests for expenditures forwarded from the City Manager's Office.
§ 5.10.040. Relevant authority.

Approved by Motion.
§ 5.10.050. Related administrative directive, city policy, city procedure.

Administrative Directive – Purchasing – Contracts-25, FIN-30; Council Policy – City Council Travel and Expenses – Title 2, Chapter 2.04; Administrative Directive – Travel and Expense Policy – Title 17, Chapter 17.11; Administrative Directive – Vehicles-Privately Owned on City Business – FIN-10. § 5.10.060. Related forms, documents, or links.

Owner's Operator's Mileage Report:
http://cosintranet/Intranet/forms/files/Monthly_Mileage.pdf Owner's Operator's Mileage Report:
http://cosintranet.ci.stockton.ca.us/Intranet/DailyMileageReimb § 5.10.070. Frequently asked questions.

None applicable.
§ 5.10.080. Update history.
09/27/16 - Adopted by Resolution No. 2016-09-27-1204
10/03/17 - Amended by Resolution No. 2017-10-03-1104
anticipated delays in the 30-day timeline due to unusual volume or technical challenges for City staff to complete the request within the standard timeframe.

City of Stockton, CA
§ 5.10.020 § 5.10.080
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Video Link provided By Stocktonia Article (Padilla’s Party in the Park) https://videopress.com/v/ij63HKO5
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Video Link to August 20, 2024, Council Meeting – Councilmember Padilla’s comments, https://stockton.granicus.com/player/clip/8760?view_id=48&redirect=true Timestamp
start 02:47:15
End 02:56:20
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CHAPTER 4.08

COUNCIL CENSURE
§ 4.08.010. Policy.
§ 4.08.020. Procedures.
1) In order to deter violations of law and serious violations of adopted City policies, the City Council may take formal action against its members for such misconduct in the form of censure.
2) Censure is a formal Resolution of City Counsel reprimanding one of its own members for specified conduct, generally a violation of law or of City policy where the violation of policy is considered to be a serious offense.
3) Censure should not follow an occasional error in judgment, which occurs in good faith and is unintentional.
4) Censure carries no fine or suspension of the rights of the member as an elected official but a censure is a punitive action that serves as a punishment for wrongdoing. 1) Any two members of the City Council may submit, in writing to the City Clerk, a complaint and request for a censure hearing concerning an alleged violation of law or serious violation of City policies by another member. The complaint shall provide specific allegations and any supporting evidence of specific conduct alleged to violate existing law or adopted City policies. The City Clerk shall place this matter on an agenda at a regular City Council meeting.
2) At that meeting, the Councilmembers who did not submit the complaint and the Councilmember who is not the subject of the censure complaint may, by unanimous vote, direct the censure hearing not proceed. Otherwise, the Mayor shall appoint a Council ad hoc committee to review the complaint as set forth in subsection 4 below. Councilmembers who made the complaint shall not serve on the ad hoc committee. In even numbered years, the ad hoc committee shall be the Mayor and two Councilmembers from Districts 2, 4, or 6. In odd numbered years, the ad hoc committee shall be the Mayor and two Councilmembers from Districts 1, 3, or 5. If the Mayor is either one of the Councilmembers who submitted the complaint or is the subject of the censure complaint, the Vice-Mayor shall serve on the committee and make the other appointment as provided above. If both the Mayor and the Vice-Mayor have submitted the complaint, the Councilmember with the longest tenure (and who is not the subject of the complaint) shall serve on the committee and make the appointment as provided above. If two or more Councilmembers have the same longest tenure, the Councilmembers shall draw straws as to who will serve on the committee and make the other appointment. The make up of the ad hoc committee as described above is the general rule; depending on which Councilmembers have made the complaint and/or which Councilmember is the subject of the complaint, the make up of the ad hoc committee is flexible.
3) A copy of the complaint and request for censure shall be provided to the accused Councilmember as soon as possible following receipt, but in no event less than 72 hours prior City of Stockton, CA
§ 4.08.010 § 4.08.020
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to the meeting of the ad hoc committee at which the complaint and request for a censure hearing will be considered.
4) The ad hoc committee shall review the allegations of the complaint, conduct whatever investigation into the allegations of the complaint is necessary, and prepare a report and recommendation on the complaint to the full City Council. 5) The ad hoc committee shall be staffed by the administrative support staff as may be necessary to assist in its investigation and report to the Council. 6) Upon completion of its review of the complaint and any investigation, the committee shall determine if, considering all the facts and evidence, there are reasonable grounds to believe or not believe that the alleged violation of law or serious violation of adopted City policy occurred. The ad hoc committee shall make a written report to the Council stating the specific law or policy alleged to have been violated, and summarizing the complaint, evidence, and the results of any additional investigation. The ad hoc committee shall also make a recommendation to the Council that the complaint is supported by sufficient evidence of a violation of law or serious violation of adopted City policy to warrant a censure hearing, or, alternatively, that the complaint is not supported by sufficient evidence of a violation of law or serious violation of adopted City policy to warrant a Council censure hearing. 7) If the ad hoc committee determines that the allegations are supported and a censure hearing is warranted, the committee shall direct the City Clerk to forward its report and recommendation to the entire City Council and set the matter for a public censure hearing before the City Council. If the ad hoc committee concludes that the allegations are not supported and a censure hearing is not warranted, the ad hoc committee shall direct the City Clerk to forward the committee's report and recommendation to the entire City Council and no further action on the complaint will be taken unless a City Council majority directs during Council Communications the matter to be placed on its agenda for further consideration. 8) If a public hearing is set before the City Council, prior to any formal action by the City Council to censure a member, there person against whom censure is sought is entitled to due process of law, which requires notice, an opportunity to be heard, including the opportunity to refute evidence against him/her.
9) The hearing shall be far enough in advance to give the member subject to censure adequate time to review the allegations and evidence against him or her and prepare a defense, but no longer than 30 days from the date of the ad hoc committee's recommendation. 10) At the hearing, the member shall be given an opportunity to be heard. 11) A City Council decision to censure requires the adoption of a Resolution making findings, based on substantial evidence that the member has engaged in conduct that constitutes a violation of law or a serious violation of an adopted City policy. The resolution must be affirmed by at least four affirmative votes of the Council. The accused Councilmember shall not participate in the City Council's deliberations after the public hearing is closed or in any vote by the City Council on the proposed censure.

City of Stockton, CA
§ 4.08.020 § 4.08.030
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§ 4.08.030. Responsibilities.

City Clerk: Place allegations of policy violations on agenda for City Council meeting.

Mayor: Appoint a Council ad hoc committee to review complaint.

City Councilmembers: Determine whether censure hearing should proceed. If selected, serve on ad hoc committee to review complaint.
§ 4.08.040. Relevant authority.

The authority for a City Council to censure one of its own members stems from State law.

Government Code Section 36813 provides for a legislative body to establish rules for the conduct of its proceedings.
§ 4.08.050. Related administrative directive, city policy, city procedure.

None applicable.
§ 4.08.060. Related forms, documents, or links.

None applicable.
§ 4.08.070. Frequently asked questions.

None applicable.
§ 4.08.080. Update history.
12/17/13 - Adopted by Resolution No. 2013-12-17-1213
1/26/16 - Amended by Resolution No. 2016-01-26-1203
City of Stockton, CA
§ 4.08.030 § 4.08.080
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CHAPTER 5.10

MAYOR AND COUNCIL DISCRETIONARY FUNDING
§ 5.10.010. Policy.
1) SCOPE
This policy only applies to discretionary funding allocated by the Mayor and Council to be expended by the Mayor and Council in fiscal years when discretionary funding is explicitly adopted in the annual operating budget.

A) This policy shall apply when City Councilmembers act in their official capacity as members of the Council.

B) This policy shall apply when City Councilmembers are requesting funds from their discretionary spending allocations.
2) PURPOSE
A) The City hereby expressly acknowledges its responsibility to wisely administer limited public resources and to expend them only when there will be a substantial benefit to the City and its residents. To conserve City resources and keep expenses within community standards for public officials, expenditures shall adhere to the rules and guidelines set forth in this policy and shall govern reimbursement to City Councilmembers for actual and necessary expenses incurred in the performance of official duties.

B) Authorized Expenses
Expenses incurred by Councilmembers in connection with sponsorship for activities or events constitute authorized and reimbursable expenses under the following conditions:
i) Has a community benefit.
ii) Cannot be religious or political in nature.
iii) Cannot be a personal benefit.

C) Reimbursement for Mileage
i) Communication or meeting with constituents.
ii) Attend local events that have a community benefit
iii) Attend City-sponsored events.
iv) Events and meetings shall not be political or religious in nature.

D) Membership Reimbursement
i) Has a community benefit.
ii) Cannot be personal benefit.

City of Stockton, CA
§ 5.10.010 § 5.10.010
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§ 5.10.020. Process.
3) COMPLIANCE WITH LAWS
Councilmembers should be aware that some expenditures may be subject to reporting under the Political Reform Act and other laws. In addition, all agency expenditures are public records subject to disclosure under the Public Records Act. 4) POLICY VIOLATIONS
A) Violations of this policy, including falsifying expense reports, may result in any or all of the following:
i) Loss of reimbursement privileges;
ii) A demand for restitution to the City;
iii) Reporting the expense to State and Federal tax authorities as income to the Councilmember;
iv) Civil penalties of up to $1,000.00 per day and three times the value of the resources used;
v) Criminal prosecution of misuse of public resources.

B) Violations of this policy are to be addressed by majority vote of the Mayor and Council in public session.
1) COMPLIANCE WITH CITY PROCESSES
A) Requests to expend funds through this policy will be subject to the guidelines and limitations established through the City's internal financial policies and processes.

B) Requests to expend funds through this policy will be processed administratively in accordance with the City's internal financial policies and processes.

C) Requests to expend funds will be reviewed by the City Attorney's Office and City Manager's Office for compliance with the City's internal financial policies and practices. 2) TIMELINE FOR REQUEST FOR PAYMENT/REIMBURSEMENT
A) Councilmembers must submit their request for payment 30 days prior to the expense being incurred. The request should be accompanied with letter or invoice documenting the event.

B) Councilmember must submit their request for reimbursement for expenses within 30 days incurring the expense. The request must be accompanied by an expense report, receipts, and documentation.

C) The 30-day timelines referenced above are based upon when complete documentation is provided.

D) Staff will communicate with the requesting Mayor or Councilmember if there are City of Stockton, CA
§ 5.10.010 § 5.10.020
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§ 5.10.030. Responsibilities.

Mayor and Councilmembers: Compliance with policy; compliance with requirements of internal policies and processes; provide requests and backup documentation to the City Manager's Office.

City Attorney's Office: Review requests for compliance with City policies and processes.

City Manager's Office: Review requests for compliance with City policies and processes; prepare and forward requests for expenditures to the Administrative Services Department.

Administrative Services Department: Process requests for expenditures forwarded from the City Manager's Office.
§ 5.10.040. Relevant authority.

Approved by Motion.
§ 5.10.050. Related administrative directive, city policy, city procedure.

Administrative Directive – Purchasing – Contracts-25, FIN-30; Council Policy – City Council Travel and Expenses – Title 2, Chapter 2.04; Administrative Directive – Travel and Expense Policy – Title 17, Chapter 17.11; Administrative Directive – Vehicles-Privately Owned on City Business – FIN-10. § 5.10.060. Related forms, documents, or links.

Owner's Operator's Mileage Report:
http://cosintranet/Intranet/forms/files/Monthly_Mileage.pdf Owner's Operator's Mileage Report:
http://cosintranet.ci.stockton.ca.us/Intranet/DailyMileageReimb § 5.10.070. Frequently asked questions.

None applicable.
§ 5.10.080. Update history.
09/27/16 - Adopted by Resolution No. 2016-09-27-1204
10/03/17 - Amended by Resolution No. 2017-10-03-1104
anticipated delays in the 30-day timeline due to unusual volume or technical challenges for City staff to complete the request within the standard timeframe.

City of Stockton, CA
§ 5.10.020 § 5.10.080
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Video Link provided By Stocktonia Article (Padilla’s Party in the Park) https://videopress.com/v/ij63HKO5
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Video Link to August 20, 2024, Council Meeting – Councilmember Padilla’s comments, https://stockton.granicus.com/player/clip/8760?view_id=48&redirect=true Timestamp
start 02:47:15
End 02:56:20
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION CENSURING COUNCILMEMBER PADILLA FOR VIOLATION OF COUNCIL POLICY 5.10.010- MAYOR AND COUNCIL DISCRETIONARY FUNDING Council Policy Manual Chapter 4.08 (Council Censure) establishes the process for the censure of councilmembers; and
The process begins with the submission of a complaint by two councilmembers and an initial discussion before Council to determine whether the process should move forward; and
Absent a unanimous vote by the uninvolved councilmembers (those who did not submit and are not the subject of the complaint), the process continues; and On August 2, 2024, Councilmembers Blower and Villapudua submitted a complaint to the Interim City Clerk pursuant to Council Policy 4.08 requesting a censure hearing regarding an alleged violation of Council Policy 5.10 by Councilmember Padilla; and At the August 20, 2024, Council Meeting, there was no unanimous vote to stop the process the Mayor appointed the Council Censure Ad-Hoc Committee pursuant to Council Policy 4.08.020(2).

On October 7, 2024, the Ad Hoc Censure Committee reviewed and discussed the evidence compiled by staff and appointed Committee members Wright and Lenz to draft the report and recommendation to be submitted to the clerk and forwarded to the full Council; and
In accordance with Council Policy 4.08 – Council Censure, the City Council has considered the report and recommendation of the Censure Ad Hoc Committee, reviewed the evidence presented, and heard the testimony of Councilmember Padilla; and The City Council has determined that findings support the censure of Councilmember Padilla; now, therefore,

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

1. Based on its review of the entire record herein, the City Council makes the following findings:

A. The residents of Stockton are entitled to responsible, fair honest, and ethical City Government. Accordingly, it is the policy of the Stockton 1957
City Council that all its members shall abide by Federal, State, Charter, Code, and Council policies.

B. Council Policy 5.10 prohibits the use of discretionary funds for activities which are political in nature.

C. There were several candidates for local office present at the event, Councilmember Padilla invited them to speak, at least one candidatespeaker referenced the creation of a majority voting block, councilmember Padilla wore a campaign shirt, one candidate-speaker encouraged voting for the other candidate-speakers, and the candidate-speakers discussed their candidacy and the upcoming election.

D. These actions were political in nature and undermine public trust in the fair and ethical use of public funds and so constitute a serious violation of Council Policy 5.10.010(B)(ii).

2. Based on its review of the entire record herein, all supporting, referenced, and incorporated documents, and all comments received, the City Council hereby censures Councilmember Michelle Padilla, for violation of Council Policy 5.10.010.

PASSED, APPROVED and ADOPTED November 12, 2024 .

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

KATHERINE ROLAND, CMC, CMPC
Interim City Clerk of the City of Stockton
1958
City of Stockton
Legislation Text
File #: 24-1066, Version: 1
ADOPT A RESOLUTION APPROVING A FOURTH AMENDMENT TO THE CITY’S 2020-2025

CONSOLIDATED PLAN

RECOMMENDATION
It is recommended that at the conclusion of the public hearing, the City Council adopt a resolution to:

1. Approve a Fourth Amendment to the City’s 2020-2025 Consolidated Plan (attached as Exhibit 1 to the proposed Resolution);

2. Authorize the City Manager, or designee, to execute and submit all documents to the U.S.

Department of Housing and Urban Development and to take any actions necessary and appropriate to carry out the purpose and intent of the resolution.

Summary
The City of Stockton is a recipient of funding from several federal programs from the U.S.

Department of Housing and Urban Development (HUD). HUD requires jurisdictions to prepare a fiveyear Consolidated Plan as one of the conditions for receiving Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) funding. The Consolidated Plan assesses community needs related to affordable housing and community development and establishes a 5-year strategic plan to address the needs. In addition to the Consolidated Plan, the City must prepare and submit Annual Action Plans and performance reports for each fiscal year encompassed by the five-year Consolidated Plan. The City’s Economic Development Department (EDD) is the lead department in administering these HUD-funded programs.

This item serves to comply with the City’s HUD Citizen Participation Plan requirements and inform the public of two proposed changes to the City’s 2020-2025 Consolidated Plan.

DISCUSSION
Background
HUD requires that the City follows its Citizen Participation Plan when amending its Consolidated Plan if new goals, projects, or policies are to be implemented that were not previously identified in the active Consolidated Plan and/or Annual Action Plan.

This item serves to comply with the City’s HUD Citizen Participation Plan requirements and inform the public of two proposed amendments to the City’s 2020-2025 Consolidated Plan.

City of Stockton Page 1 of 4 Printed on 11/7/2024
powered by Legistar™1959
File #: 24-1066, Version: 1
Present Situation
Through this item, the Economic Development Department (EDD) is proposing Substantial Amendment # 4 to the 2020-2025 Consolidated Plan to carry out the following updates:

1. Amend the Consolidated Plan to establish a HOME Program Preferences policy for rental housing projects, in accordance with 24 CFR 92.253(d)(3) to allow the award of HOME funds to housing developers intending to develop housing for particular segments of the population.

2. Amend the Consolidated Plan to designate a slum/blight area map for use of CDBG funds for eligible activities in Program Year 2024-2025 under the Slum Blight Area Basis National Objective for aiding in prevention or elimination of slums or blight.

Part One of the Amendment
Amend the Consolidated Plan to establish HOME Program Preferences for rental housing projects, in accordance with 24 CFR 92.253(d)(3) to allow the award of HOME funds to housing developers intending to develop housing for particular segments of the population.

To address affordable housing needs in the City of Stockton, the City partners with local or regional affordable housing developers utilizing vital state and federal resources to assist in the development of affordable housing within the City, with the objective to provide safe, decent, affordable housing opportunities for income eligible populations.

From time to time, the City of Stockton issues Notices of Funding Availability (NOFAs) to solicit affordable housing project proposals, which results in partnerships with housing developers by providing funding subsidies used for the construction of affordable housing. Depending on local housing needs, NOFA applicants/developers seek to address housing challenges within the community and in doing so, it is common that applicants may have already partnered with other funding agencies (e.g. County, state, and/or federal agencies) where funding has already been secured to develop housing for specific segments of the population. Examples include, but are not limited to, low-income individuals and families, senior citizens, veterans, homeless or at risk of homeless youth and/or individuals and families, homeless special needs, foster youth, farmworkers, and domestic violence survivors.

HUD’s HOME program is a key funding source used by the City for affordable housing, and by way of the Code of Federal Regulations (CFR) applicable to the program, HUD imposes stringent regulatory requirements to ensure that affordable housing projects meet HOME specific project underwriting requirements. One of the specific HOME program requirements, codified at 24 CFR 92.253(d)(3), requires any HOME assisted housing project that proposes to provide housing to a particular segment of the population (e.g. seniors, veterans, homeless/at risk of homelessness, farmworkers, youth, etc.) to be described in the City’s HUD Consolidated Plan (without violating any nondiscrimination requirements).

Following HUD’s direction, staff has analyzed the HOME regulation requirements at 24 CFR 92.253 (d)(3) and proposes establishing a list of HOME “preference” population types (referred to as “HOME Preferences”). These HOME Preferences will allow the City to support, with City HOME funds, eligible affordable housing proposals aimed at providing housing to particular segments of the City of Stockton Page 2 of 4 Printed on 11/7/2024
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population. The proposed HOME Preferences have been informed by project types proposed to the City in the recent past. Without the establishment of HOME Preference types, the City of Stockton would be unable to establish a housing pipeline which would impact the City’s ability to partner with housing developers and spend HOME funds on addressing the affordable housing challenges.

The proposed HOME Preference Policy is included as Exhibit 2 to the proposed resolution.

Part Two of the Amendment
Amend the Consolidated Plan to designate a slum/blight area map for use of CDBG funds for eligible activities in Program Year 2024-2025 under the Slum Blight Area Basis National Objective for aiding in prevention or elimination of slums or blight.

The CDBG Slum Blight Area (SBA) national objective allows the use of CDBG program funds to fund activities aimed at preventing or eliminating slums or blight. Since 1996, Stockton has used a portion of CDBG funds in addressing slum and blight through various programs, including the Commercial Façade Improvement Forgivable Loan Program. The programs have aided in revitalizing blighted commercial properties within the previous Redevelopment Project Areas, which also met the definition for HUD’s Slum Blight Area designation.

Pursuant to HUD guidelines, 24 CFR 570.208(b)(1), an activity will be considered to address prevention or elimination of slums or blight on an area basis if:
i) The area “meets a definition of a slum, blighted, deteriorated or deteriorating area under State or local law”;
ii) The area also meets the conditions in either paragraph (A) or (B):

A) At least 25 percent of properties throughout the area experience one or more of the following conditions:
1) Physical deterioration of buildings or improvements; 2) Abandonment of properties;
3) Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings;
4) Significant declines in property values or abnormally low property values relative to other areas in the community; or
5) Known or suspected environmental contamination.

B) The public improvements throughout the area are in a general state of deterioration.

In order for SBA designation to remain eligible, the City must maintain documentation on the boundaries and conditions of the area, as well as the methodology used to delineate the area.

Furthermore, the designated area must be redetermined every 10 years for continued qualification.

Activities assisted with CDBG funds must address one or more of the conditions that contributed to the deterioration of the area.

In 2023, RSG, Inc. completed a reevaluation of the previous Slum Blight Area as well as the current Opportunity Zones census tracts. Using available data, conducting a field study for physical assessments, and considering the City’s and Council’s goals of revitalizing downtown and the Shape Stockton initiative, the Slum Blight Area was determined to include a 5.62-square mile area located in central/south Stockton. The area is primarily composed of Downtown Stockton, the Little City of Stockton Page 3 of 4 Printed on 11/7/2024
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File #: 24-1066, Version: 1
Manila/Gleason Park area, South Airport Way Corridor, and Cabral/East Cabral area. This designation will enable funding to be prioritized for these areas of the City.

The evaluation determined that 34 percent of properties within the Slum Blight Area exhibit one or more forms of HUD’s condition of blight. The area also met the slum and blight criteria established under state law (California Health and Safety Code Section 33030 and 33031(a)(1)) and local law (Stockton Municipal Code Section 8.36.040). Therefore, the area qualifies as a slum and blighted area under the CDBG program regulations, and the SBA national objective will be used in deploying CDBG-funded activities and programs to assist in addressing slum and blight within the map area.

The proposed Slum-Blight Area Map is included as Exhibit 3 of the proposed resolution. This map was previously approved by the City Council through the adoption of the FY 2024-2025 Annual Action Plan (Attachment A - Resolution 2024-04-16-1602),; however, HUD has informed staff that the current 2020-2025 Consolidated Plan must be amended to adopt and integrate the map for use during Program Year 2024-2025.

On September 10, 2024, a public notice was published announcing the availability of the Draft 2020-2025 Consolidated Plan Substantial Amendment #4 for public review. An English and Spanish notice was published in The Record, the local newspaper of general circulation and posted in public places including the City's website and social media platforms. In addition, a notice and draft document were distributed to the San Joaquin Continuum of Care. The public review period for citizens to review and comment on the draft plan began September 11, 2024.

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

Attachment A - Resolution 2024-04-16-1602
City of Stockton Page 4 of 4 Printed on 11/7/2024
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Resolution No. 2024-04-16-1602

STOCKTON CITY COUNCIL
RESOLUTION APPROVING AND ADOPTING THE 2024-2025 ONE-YEAR ACTION

PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME, AND EMERGENCY SOLUTIONS GRANT PROGRAMS; AND SLUM BLIGHT AREA MAP Title I of the Housing and Community Development Act of 1974 ("Act") finds and declares that the future welfare of the nation and the well-being of its citizens depends upon establishing and maintaining viable urban communities as social, economic, and political entities and requires systematic and sustained action by federal, state, and local governments to eliminate blight and conserve and renew older urban areas in order to improve the living conditions and environment of low- and moderate-income families, and to develop new centers of population growth and economic activity; and The City of Stockton ("City") is an entitlement city and receives funding each year from the U.S. Department of Housing and Urban Development ("HUD") for housing, community, and economic development activities pursuant to the Act; and Of utmost importance to the welfare of the community and a vital concern under the Act with regard to persons of low- and moderate-income is eliminating slums and blight, preventing blighting influence, and preventing the deterioration of private property, neighborhoods, and community facilities; and
The elimination of conditions that are detrimental to the health, safety, and public welfare, through acquisitions, demolition, rehabilitation assistance, community development, correction of code violations, and related activities are vital concerns to the City of Stockton; and
In compliance with 24 CFR Parts 91, 92, 570, and 576, which address the Consolidated Submission for Community Planning and Development Programs, the City prepared and adopted a Five-Year Consolidated Plan for Community Development Block Grant ("CDBG"), Home Investment Partnerships ("HOME"), and Emergency Solutions Grant ("ESG") Programs; and
The Consolidated Plan is the City's five-year planning document for CDBG, HOME, and ESG funds, which provides an assessment of local housing market and socio-economic conditions; and outlines the five-year strategy for addressing those community needs; and
Each year, the City prepares a one-year action plan ("Annual Action Plan"), which identifies the specific activities that will be funded during that program year to accomplish the goals and objectives that were established in the Consolidated Plan; and

ATTACHMENT A
1963
Pursuant to 24 CFR 570.280(b), CDBG funds are permitted for activities related to aiding in the prevention or elimination of slum or blight as meeting one of the national objectives so long as the activities address at least one of the causes; and It is hereby found and declared that there exists in the City a "blighted area" as defined by federal HUD regulation 24 CFR 570.280(b), State law regulations California Health and Safety Code section 33030 and 33031 (a)(1 ), and local law regulation Stockton Municipal Code section 8.36.040; and
On March12, 2024, a public notice was published announcing the availability of the 2024-2025 Annual Action Plan for public review. The Annual Action Plan contains the proposed allocations and uses of CDBG, HOME, and ESG funds. The notice was published in The Record, the local newspaper of general circulation; The Latino Times, the regional bilingual publication; and posted in public places including the City's website. A 30-day period for citizens to review and comment on the draft plan began March 15, 2024 ; and
On March 20, 2024, a public meeting was held to review the draft Annual Action Plan for public comment and review; and
On March 27, 2024, the Community Development Committee also held a public meeting to review and make funding recommendations to the City; and The City's application for funds under the CDBG, HOME, and ESG programs, which are incorporated into the Annual Action Plan, must be filed with HUD on or before May 15, 2024 and
On April 16, 2024, the City Council held a public hearing, during which staff presented an overview of the elements of the proposed Annual Action Plan, and citizens were provided an additional opportunity to comment, and their comments were considered; now, therefore,

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

1. The City Council hereby approves the 2024-2025 Annual Action Plan for the CDBG, HOME, and ESG programs and the related application documents, all of which are on file with the Office of the City Clerk and the Economic Development Department, and a summary of which is attached hereto as Exhibit 1; the sources and uses, attached hereto as Exhibit 2; and the Slum-Blight Area Map, attached hereto as Exhibit 3; all of which are incorporated by this reference.

II
II
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II

ATTACHMENT A
1964

2. The City Manager, or designee, is hereby authorized to:
a. Take such action as appropriate to file the 2024-2025 Annual Action Plan and pursue the allocation of funds as set forth within the Annual Action Plan and accompanying application.
b. Execute all grant agreements and amendments and all other documents pertaining thereto and furnish such additional documentation as may be required by HUD and act as the authorized representative of the applicant.
c. Upon receipt of said grant funds, make all necessary appropriations of funds in compliance with and for the purposes stated in the Annual Action Plan and accompanying application.
d. Take any administrative actions with the subrecipients (e.g. contracting with the subrecipients) as appropriate to carry out the purpose and intent of this Resolution.

3. The City Council hereby adopts the identifying area as a blighted area as defined by federal HUD regulation 24 CFR 570.280(b), State law regulations California Health and Safety Code section 33030 and 33031 (a)(1 ), and local law regulation Stockton Municipal Code section 8.36.040, as set out in Exhibit 3:

4. The City Council hereby assures the United States of America and the Secretary of HUD that the City, as the applicant, shall:
a. Fully comply with the HUD regulations effectuated by Title VI of the Civil Rights Act of 1964.
b. Fully comply with the federal labor standards imposed under Title VII of the Housing and Community Development Act of 1977.

5. Authorizing the City Manager, or designee, to appoint staff as the Certifying Officer responsible for completing the environmental review process to ensure compliance with the National Environmental Policy Act (NEPA).

II
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II
II
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ATTACHMENT A
1965

6. 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 --'-'A=pr=il---'-1--"-6"-', 2=0=2"--'-4 __ kton
ATTEST:

A ZA, CMC
City Clerk of the City of Stoc ton

ATTACHMENT A
1966
Resolution No.

STOCKTON CITY COUNCIL
APPROVAL OF A FOURTH AMENDMENT TO THE CITY’S 2020-2025

CONSOLIDATED PLAN
The City of Stockton is a recipient of funding from several federal programs from the U.S. Department of Housing and Urban Development (HUD). HUD requires jurisdictions to prepare a five-year Consolidated Plan as one of the conditions for receiving Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) funding. The Consolidated Plan assesses community needs related to affordable housing and community development and establish a 5-year strategic plan to address the needs. In addition to the Consolidated Plan, the City must prepare and submit Annual Action Plans and performance reports for each fiscal encompassed by the five-year Consolidated Plan.

The City’s Economic Development Department (EDD) is the lead department in administering these HUD funded programs; and
HUD requires that the City follows its Citizen Participation Plan when amending its Consolidated Plan if new goals, projects, or policies are to be implemented that were not previously identified in the active Consolidated Plan and/or Annual Action Plan; and This item serves to comply with the City’s HUD Citizen Participation Plan requirements and inform the public of two proposed amendments to the City’s 2020-2025 Consolidated Plan; and
Through this item, the Economic Development Department (EDD) is proposing a Substantial Amendment # 4 to the 2020-2025 Consolidated Plan to carry out the following updates:

1. Amend the Consolidated Plan to establish HOME Program Preferences for rental housing projects, in accordance with 24 CFR 92.253(d)(3) to allow the award of HOME funds to housing developers intending to develop housing for particular segments of the population.

2. Amend the Consolidated Plan to designate a slum/blight area map for use of CDBG funds for eligible activities in Program Year 2024-2025 under the Slum Blight Area Basis National Objective for aiding in prevention or elimination of slums or blight; and
HUD’s HOME program is a key funding source used by the City for affordable housing, and by way of the Code of Federal Regulations (CFR) applicable to the program, HUD imposes stringent regulatory requirements to ensure that affordable housing 1967
projects meet HOME specific project underwriting requirements. One of the specific HOME program requirements, codified at 24 CFR 92.253(d)(3), requires any HOME assisted housing project that proposes to provide housing to a particular segment of the population (e.g. seniors, veterans, homeless/at risk of homelessness, farmworkers, youth, etc.) be described in the City’s HUD Consolidated Plan (without violating any nondiscrimination requirements); and
Following HUD’s direction, staff has analyzed the HOME regulation requirements at 24 CFR 92.253(d)(3) and proposes establishing a list of HOME “preference” population types (referred to as “HOME Preferences”). These HOME Preferences will allow the City to support, with City HOME funds, eligible affordable housing proposals aimed at providing housing to particular segments of the population. The proposed HOME Preferences have been informed by project types proposed to the City in the recent past.

Without the establishment of HOME Preference types, the City of Stockton would be unable to establish a housing pipeline which would impact the City’s ability partner with housing developers and spend HOME funds on addressing the affordable housing challenges; and
The proposed HOME Preference Policy is included hereto as Exhibit 2, incorporated by reference; and
The CDBG Slum Blight Area (SBA) national objective allows the use of CDBG program funds to fund activities aimed at preventing or eliminating slums or blight. Since 1996, Stockton has used a portion of CDBG funds in addressing slum and blight through various programs, including the Commercial Façade Improvement Forgivable Loan Program. The programs have aided in revitalizing blighted commercial properties within the previous Redevelopment Project Areas, which also met the definition for HUD’s Slum Blight Area designation; and
Pursuant to 24 CFR 570.208(b)(1), an activity will be considered to address prevention or elimination of slums or blight on an area basis if:
i) The area “meets a definition of a slum, blighted, deteriorated or deteriorating area under State or local law”;
ii) The area also meets the conditions in either paragraph (A) or (B):

A) At least 25 percent of properties throughout the area experience one or more of the following conditions:
1) Physical deterioration of buildings or improvements; 2) Abandonment of properties;
3) Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings;
4) Significant declines in property values or abnormally low property values relative to other areas in the community; or
1968
5) Known or suspected environmental contamination.

B) The public improvements throughout the area are in a general state of deterioration; and
In order for SBA designation to remain eligible, the City must maintain documentation on the boundaries and conditions of the area, as well as the methodology used to delineate the area. Furthermore, the designated area must be redetermined every 10 years for continued qualification; and
Activities assisted with CDBG funds must address one or more of the conditions that contributed to the deterioration of the area; and
In 2023, RSG, Inc. completed a reevaluation of the previous Slum Blight Area as well as the current Opportunity Zones census tracts. Using available data, conducting a field study for physical assessments, and considering the City’s and Council’s goals of revitalizing downtown and the Shape Stockton initiative, the Slum Blight Area was determined to include a 5.62-square mile area located in central/south Stockton. The area is primarily composed of Downtown Stockton, the Little Manila/Gleason Park area, South Airport Way Corridor, and Cabral/East Cabral area; and
The evaluation determined that 34 percent of properties within the Slum Blight Area exhibit one or more forms of HUD’s condition of blight. The area also met the slum and blight criteria established under state law (California Health and Safety Code §§ 33030 and 33031(a)(1)) and local law Stockton Municipal Code (SMC) Section 8.36.040).

Therefore, the area qualifies as a slum and blighted area under the CDBG program regulations, and the SBA national objective will be used in deploying CDBG-funded activities and programs to assist in addressing slum and blight within the map area; and The proposed Slum-Blight Area Map is included hereto as Exhibit 3, incorporated by reference. This map was previously approved by the City Council through the adoption of the FY 2024-2025 Annual Action Plan (resolution no. 2024-04-16-1602); however HUD has informed staff that the current 2020-2025 Consolidated must be amended to adopt and integrate the map for use during Program Year 2024-2025; and It is hereby found and declared that there exists in the City a "blighted area" as defined by federal HUD regulation 24 CFR 570.280(b), State law regulations California Health and Safety Code section 33030 and 33031 (a)(1), and local law regulation SMC section 8.36.040; and
On September 10, 2024, a public notice was published announcing the availability of the Draft 2020-2025 Consolidated Plan Substantial Amendment #4 for public review.

An English and Spanish notice was published in The Record, the local newspaper of general circulation and posted in public places including the City's website and social media platforms. In addition, a notice and draft document were distributed to the San 1969
Joaquin Continuum of Care. The public review period for citizens to review and comment on the draft plan began September 11, 2024; and
On September 18, 2024, the Community Development Committee (CDC) held a public meeting to review and provide public comment on the Draft 2020-2025 Consolidated Plan Substantial Amendment #4; and
On November 12, 2024, the City Council held a public hearing, during which staff presented the proposed 2020-2025 Consolidated Plan Substantial Amendment #4, and citizens were provided opportunity to comment; now, therefore,

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

1. The City Council hereby approves the fourth amendment to the City’s 2020-2025 Consolidated Plan (Exhibit 1) including the proposed HOME Preference Policy (Exhibit 2).

2. The City Council hereby adopts the identifying area as a blighted area as defined by federal HUD regulation 24 CFR 570.280(b), state law regulations California Health and Safety Code sections 33030 and 33031(a)(1), and local law SMC section

8.36.040, as set out in Exhibit 3.

3. 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 November 12, 2024 .

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

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
1970
EXHIBIT 1
SUBSTANTIAL AMENDMENT #4 TO 2020-2025 CONSOLIDATED PLAN CITY COUNCIL: NOVEMBER 12, 2024
The City of Stockton is a recipient of funding from several Federal programs from the U.S. Department of Housing and Urban Development (HUD). HUD requires jurisdictions to prepare a five-year Consolidated Plan as one of the conditions to receiving Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) funding. The Consolidated Plan assesses community needs related to affordable housing and community development and establish a 5-year strategic plan to address the needs. In addition to the Consolidated Plan, the City must prepare and submit Annual Action Plans and performance reports for each fiscal encompassed by the five-year Consolidated Plan. The City’s Economic Development Department (EDD) is the lead department in administering these HUD funded programs.

Background
HUD requires that the City follows its Citizen Participation Plan when amending its Consolidated Plan if new goals, projects, or policies are to be implemented and not previously identified in the active Consolidated Plan and/or Annual Action Plan.

This document serves to comply with the City’s HUD Citizen Participation Plan requirements and inform the public of two proposed amendments to the City’s 2020- 2025 Consolidated Plan.

Present Situation
Through this item, EDD is proposing a Substantial Amendment # 4 to the 2020-2025 Consolidated Plan to impose the following updates:

1. Amend AP-90 (part of Year 1 Annual Action Plan 2020-2021) of the Consolidated Plan to establish HOME Program Preferences for rental housing projects, in accordance with 24 CFR 92.253(d)(3) to allow the award of HOME funds to housing developers intending to develop housing for particular segments of the population.

2. Amend AP-50 (part of Year 1 Annual Action Plan 2020-2021) of the Consolidated Plan to designate a slum/blight area map for use of CDBG funds for eligible activities in Program Year 2024-2025 under the Slum Blight Area Basis National Objective for aiding in prevention or elimination of slums or blight. 1971
EXHIBIT 1

1. Amend AP-90 (part of Year 1 Annual Action Plan 2020-2021) of the Consolidated Plan to establish HOME Program Preferences for rental housing projects, in accordance with 24 CFR 92.253(d)(3) to allow the award of HOME funds to housing developers intending to develop housing for particular segments of the population.

In efforts to address the affordable housing shortage in the City of Stockton, the City partners with local or regional affordable housing developers using vital state and federal resources to assist in the development of affordable housing within the City of Stockton to in turn provide safe, decent, affordable housing opportunities for income eligible populations.

From time to time, the City of Stockton issues Notice of Funding Availability (NOFA) notices to solicit affordable project proposals to partner with housing developers by providing financial assistance for the purpose of developing affordable housing.

Depending on local housing needs, NOFA applicants/developers seek to address housing challenges within the community and in doing so, it is common that applicants may have already partnered with other funding agencies (e.g. County, state, and/or federal agencies) where funding has already been secured to develop housing for specific segments of the population including but not limited to low income individuals and families, senior citizens, veterans, homeless or at risk of homeless youth and/or individuals and families, homeless special needs, foster youth, farmworkers, domestic violence survivors, etc.

The HOME program is a key source of affordable housing funding and by way of HOME program regulations, HUD imposes stringent regulatory requirements to ensure that affordable housing projects meet HOME specific project underwriting requirements.

One of the specific HOME program requirements, codified at 24 CFR 92.253(d)(3), requires that if there is any limitation or preference given to a particular segment of the population (e.g. seniors, veterans, homeless/at risk of homelessness, farmworkers, youth, etc.) on any affordable housing project assisted with HOME program funds, the limitation or preference must be described in the City’s HUD Consolidated Plan (without violating any nondiscrimination requirements). This is a unique requirement given that most housing project proposals focus on housing one or more specific segments of the population (e.g. homeless individuals), which are inherently low-income and meet HOME program income eligibility requirements.

Staff has conducted an analysis of the HOME regulation requirements and proposes establishing a list of “preference” population types (hereafter “HOME Preferences”) for projects supported with HOME funds. The proposed HOME Preferences have been informed by project types proposed to the city in the last several years. Without the 1972
EXHIBIT 1
establishment of a list HOME Preference types, the City of Stockton would be unable to establish a housing pipeline which would impact the City’s ability partner with housing developers and spend HOME funds on addressing the affordable housing shortage.

The proposed HOME Preference Policy is included as Exhibit 1 to this document.

2. Amend AP-50 (part of Year 1 Annual Action Plan 2020-2021) of the Consolidated Plan to designate a slum/blight area map for use of CDBG funds for eligible activities in Program Year 2024-2025 under the Slum Blight Area Basis National Objective for aiding in prevention or elimination of slums or blight.

The CDBG Slum Blight Area (SBA) national objective allows the use of CDBG program funds to fund activities aimed at preventing or eliminating slums or blight. Since 1996, Stockton has used a portion of CDBG funds in addressing slum and blight through various programs, including the Commercial Façade Improvement Forgivable Loan Program. The programs have aided in revitalizing blighted commercial properties within the previous Redevelopment Project Areas, which also met the definition for HUD’s Slum Blight Area designation.

Pursuant to HUD guidelines, 24 CFR 570.208(b)(1), an activity will be considered to address prevention or elimination of slums or blight on an area basis if:
i) The area “meets a definition of a slum, blighted, deteriorated or deteriorating area under State or local law”;
ii) The area also meets the conditions in either paragraph (A) or (B):

A) At least 25 percent of properties throughout the area experience one or more of the following conditions:
1) Physical deterioration of buildings or improvements; 2) Abandonment of properties;
3) Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings;
4) Significant declines in property values or abnormally low property values relative to other areas in the community; or
5) Known or suspected environmental contamination.

B) The public improvements throughout the area are in a general state of deterioration.

In order for SBA designation to remain eligible, the City must maintain documentation on the boundaries and conditions of the area, as well as the methodology used to 1973
EXHIBIT 1
delineate the area. Furthermore, the designated area must be redetermined every 10 years for continued qualification.

Activities assisted with CDBG funds must address one or more of the conditions that contributed to the deterioration of the area.

In 2023, RSG, Inc. completed a reevaluation of the previous Slum Blight Area as well as the current Opportunity Zones census tracts. Using available data, conducting a field study for physical assessments, and considering the City’s and Council’s goals of revitalizing downtown and the Shape Stockton initiative, the Slum Blight Area was determined to include a 5.62-square mile area located in central/south Stockton. The area is primarily composed of Downtown Stockton, the Little Manila/Gleason Park area, South Airport Way Corridor, and Cabral/East Cabral area.

The evaluation determined that 34 percent of properties within the Slum Blight Area exhibit one or more forms of HUD’s condition of blight. The area also met the slum and blight criteria established under State law (California Health and Safety Code Section 33030 and 33031(a)(1)) and local law (Stockton Municipal Code Section 8.36.040).

Therefore, the area qualifies as a slum and blighted area under the CDBG program regulations, and the SBA national objective will be used in deploying CDBG-funded activities and programs to assist in addressing slum and blight within the map area.

The proposed Slum-Blight Area Map is included as Exhibit 2 to this document. 1974
EXHIBIT 1
EXHIBIT 1

CITY OF STOCKTON

HOME PREFERENCE POLICY
HOME Housing Preference Policy:

1. When issuing affordable housing Notices of Funding Availability (NOFAs) the City of Stockton will consider awarding HOME funds to eligible projects that propose to serve any of the following target populations:

Housing Project
Population Definition of Population Rationale Notes/Supporting Data Housing for Homeless
or at Risk of Homeless
(includes
unaccompanied/foster
care youth)
Homeless or at risk of
homeless individuals or
households.

Must meet HUD/HCD
definition of
homelessness.

The need for permanent homes for homeless
residents is overwhelming and immediate.

Consistent with City/Regional plans.

The San Joaquin County 2024 Point in Time
Count reported a total of 4,732 persons
experiencing homelessness in San Joaquin
County in 2024, with 2,996 (63%) within the
City of Stockton. According to the 2022 Point
in Time Count 2,319 persons experiencing
homelessness resided within in San Joaquin
County. The fact that the homeless population
has doubled in the past two years indicates
that more attention and resources need to be
dedicated to addressing this issue.

The San Joaquin County 2024 Point in Time
Count collected data on four subpopulations
that the federal government determined to
face particular challenges related to housing.

One of the key subpopulations identified by
the federal government was children and
youth under age 25 experiencing
homelessness. Of the 4,732 persons
experiencing homelessness in San Joaquin
County, 304 individuals were identified as
being children and transition aged youth
under 25. Compared to the other four
vulnerable subpopulations identified in the
report, children and youth under the age of 25
experienced the highest share of unsheltered
homelessness as 80% of this population
reported they were unsheltered.

The Analysis of Impediments that was
completed in correspondence with the 2020-
2025 Consolidated Plan identified homeless
persons as a special housing needs
1975
EXHIBIT 1
population. The report suggests the lead
determinate for homelessness is due to the
inability to afford housing in a particular
community. Increasing the stock of affordable
housing for this subpopulation can alleviate
some of the challenges faced by this special
housing needs subpopulation.

Housing for Homeless
with Special Needs
Homeless individuals w/
special needs including
but not limited to
individuals experiencing
or recovering from
substance abuse
disorders, mental or
physical disabilities,
chronic homelessness,
justice involved
individuals, etc.

Must meet HUD/HCD
definition of
homelessness.

The 2024 City of Stockton Housing Element
cites persons with disabilities as a key
population with special housing needs. The
report cites “14.6 percent of the total
population in Stockton five years and older
had one or more disabilities in 2020,
compared 13.3 percent countywide, and 8.0
percent in California.”
Using HMIS data, the 2024 Regional
Homeless Action Plan identified statistically
significant vulnerable populations withing the
San Joaquin Continuum of Care district.

According to HMIS data, people with serious
mental illness (SMI) and people with
substance use disorders (SUD) were a
significant population that faced housing
insecurity.

The San Joaquin County 2024 Point in Time
Count (PITC) collected data on four
subpopulations that the federal government
determined to face particular challenges
related to housing. One of the key
subpopulations identified by the federal
government was individuals with disabilities
experiencing chronic homelessness. Of the
4,732 persons experiencing homelessness in
San Joaquin County, 1,078 individuals were
identified as being chronically homeless.

According to the PITC, 72% of the chronically
homeless population are unsheltered.

The Analysis of Impediments that was
completed in correspondence with the 2020-
2025 Consolidated Plan identified persons
with disabilities as a special housing needs
population. The analysis cites that persons
with disabilities can face discrimination in the
housing market due to biases about adaptive
equipment and the need for modifications.

Property owners might be concerned about
potential damage from equipment or be
1976
EXHIBIT 1
reluctant to accommodate service animals,
even if it means violating a no-pet policy.

According to San Joaquin County Behavioral
Health Services, “there is an urgent and
increasing need for affordable housing in San
Joaquin County, particularly for justiceinvolved mental health consumers. According to the National Institute of Mental Health,
approximately 37% of individuals in the U.S.
incarcerated in state and federal prisons and
44% in local jails have been diagnosed with a
mental illness. Furthermore, justice-involved
individuals with mental health conditions are
significantly more likely to experience
homelessness, with studies indicating that
about 15% of people leaving jails and prisons
become homeless within a year of release.”
Housing for
Low/Moderate Income
Individuals and
Families (includes
families with children
and large families)
Low-income individuals
and Families.

Must meet HUD/HCD
low/moderate income
definition(s).

The updated 2024 City of Stockton Housing
Element cites large families as a key
population with special housing needs. HUD
defines a large household or family as
consisting of five or more members. Large
families are cited as a special housing needs
population because 21.2% of households in
Stockton are considered large households
compared to 19.6% in the County and 13.8%
in California.

The San Joaquin County 2024 Point in Time
Count collected data on four subpopulations
that the federal government determined to
face particular challenges related to housing.

One of the key subpopulations identified by
the federal government was families with
children experiencing homelessness. Of the
4,732 persons experiencing homelessness in
San Joaquin County, 454 individuals were
identified as being members of homeless
families with children.

The Analysis of Impediments that was
completed in correspondence with the 2020-
2025 Consolidated Plan identified large
households as a special housing needs
population. The analysis conducted cited that
lower-income large households often face
excessive housing costs due to the higher
expense of larger units and the scarcity of
such units in conventional apartment
complexes. Additionally, these families may
1977
EXHIBIT 1
experience overcrowded living conditions and
discrimination in the housing market, such as
higher rents or outright denial of rental
applications.

Housing for Veterans U.S. Military Veterans Many housing authorities have preferences for award of housing vouchers to veterans.

Rationale is that veterans are more likely to
be physically and financially vulnerable and to
need affordable housing more than the
general population. VASH rental vouchers
from the VA are either portable or projectbased. Preference could be for VASH holders.

The San Joaquin County 2024 Point in Time
Count collected data on four subpopulations
that the federal government determined to
face particular challenges related to housing.

One of the key subpopulations identified by
the federal government was veterans. Of the
4,732 persons experiencing homelessness in
San Joaquin County, 249 individuals were
homeless veterans. Moreover, the report cites
that 79% of the homeless veteran population
were unsheltered.

Using HMIS data, the 2024 Regional
Homeless Action Plan identified statistically
significant vulnerable populations withing the
San Joaquin Continuum of Care district.

According to HMIS data, veterans were a
significant population that faced housing
insecurity. The plan states that “while
veterans had the highest rate for permanent
housing placement, they also have a higherthan-average rate of returning to homelessness after placement, suggesting
that veterans' housing programs might benefit
from additional support for clients (perhaps
trauma or PTSD-specific).” The plan also
outlines that one of the four funding priorities
of HHAP round 5 involves targeted outreach
and support services for vulnerable
populations such as veterans.

Housing for Survivors
of Domestic Violence
Victims of Domestic
Violence
Many housing authority voucher programs
give priority to the Violence Against Women
1978
EXHIBIT 1
Act population. HUD recently issued new
resources for advancing housing protections
for survivors of domestic violence.

Using HMIS data, the 2024 Regional
Homeless Action Plan identified statistically
significant vulnerable populations withing the
San Joaquin Continuum of Care district.

According to HMIS data, people fleeing
domestic violence was a significant
population that faced housing insecurity. The
plan outlines that one of the four funding
priorities of HHAP round 5 involves targeted
outreach and support services for vulnerable
populations such as victims of domestic
violence.

Senior Housing • 55 years of age or older
if at least 80 percent of
its units are occupied by
at least one person of
this age.
• OR at least one person
62 or older resides in
each apartment unit
(100% of the units)
• AND the housing project
is required to
demonstrate the “intent”
to be “Housing for Older
Persons.”
• Head of Household or
spouse must meet the
age definition.

The 2024 City of Stockton Housing Element
cites seniors as a key population with special
housing needs. Senior households make up

21.6% of Stockton households and nearly
30% of senior households in Stockton have
an income of less than $25,000.

The Analysis of Impediments that was
completed in correspondence with the 2020-
2025 Consolidated Plan identified seniors as
a special housing needs population. The
analysis describes that seniors possess
special housing needs due to living on fixed
incomes, limited mobility, and physical or
mental impairments or disabilities. In order to
make housing accessible to this
subpopulation, housing must be affordable
within their fixed income budget and designed
for individuals with limited mobility.

Farmworker Housing Farmworkers including
those that meet other
funding source
farmworker definitions.

The updated 2024 City of Stockton Housing
Element cites farmworkers as a key
population with special housing needs. The
plan states that farmworkers are an essential
component of Stockton’s economy and
according to the 2016-2020 American
Community Survey 5,010 Stockton residents
work in agriculture, forestry, fishing and
hunting, or mining. Moreover, according to the
2017 Census, 19,741 farmworkers worked in
San Joaquin County. Programs 11, 12, 16,
22, 23, and 30 of the Housing Element
commit to actions to support developing new
homes and rehabilitating existing homes for
farmworkers, along with prioritizing outreach
1979
EXHIBIT 1
and programs for farmworkers. While
farmworkers are important to the local
economy, many are low-income workers and
are often subject to substandard housing.

The Analysis of Impediments that was
completed in correspondence with the 2020-
2025 Consolidated Plan identified
farmworkers as a special housing needs
population. While farmworkers were identified
as being an essential component of the
regional agricultural system they face
challenges in obtaining adequate and
affordable housing due to high poverty rates,
large household sizes, linguistic isolation, and
intimidation and fear due to citizenship status.

Due to limited capital in farmworker housing,
the farm-working community frequently ends
up in overcrowded, substandard housing that
is often geographically isolated and lacks
essential services, increasing their risk of
homelessness.

Workforce Housing Housing that is affordable
for those earning between
80% and 120% of the
area median income.

Households in workforce housing typically
earn too much to qualify for programs under
HUD. At the same time, they are also unable
to afford most quality market-rate apartments.

Development of workforce housing will be
subject to the availability of public or private
resources tailored to this population.

Artists’ Housing Those engaging in
defined artistic pursuits,
including visual arts,
music, dance, and other
media.

Artists are underpaid relative to housing
prices, part of the City’s priorities for
placemaking, and at high risk of
displacement. Need for flexible and
affordable live/workspace.

2. The following requirements shall apply to all HOME‐assisted housing projects that adopt any of the target populations allowable under this policy:
a. The projectshall not violate of any local,state, or federal fair housing regulations.
b. The projectshall comply with all applicable housing regulations at 24 CFR Part 92.
c. The projectshall comply with the HOME Tenant Selection requirements at 24 CFR 92.253(d) as follows:
1980
EXHIBIT 1
i. An owner of rental housing assisted with HOME funds must comply with the affirmative marketing requirements
established by the City of Stockton pursuant to § 92.351(a). ii. The owner must adopt and follow written tenantselection policies and criteria that:
1) Limit the housing to very low‐ income and low‐income families;
2) Are reasonably related to the applicants' ability to perform the obligations of the lease (i.e., to pay the rent, not to damage the housing; not to interfere with the
rights and quiet enjoyment of other tenants);
3) Limit eligibility or give a preference to a particular segment of the population if permitted in its written
agreement with the City of Stockton (and only if the
limitation or preference is described in the City of
Stockton’s Consolidated Plan).
(i.) Any limitation or preference must not violate
nondiscrimination requirements in § 92.350. A
limitation or preference does not violate
nondiscrimination requirements if the housing
also receives funding from a Federal program that
limits eligibility to a particular segment of the
population (e.g., the Housing Opportunity for
Persons with AIDS program under 24 CFR part 574,
the Shelter Plus Care program under 24 CFR part
582, the Supportive Housing program under 24
CFR part 583, supportive housing for the elderly or
persons with disabilities under 24 CFR part 891),
and the limit or preference is tailored to serve that
segment of the population.
(ii.) If a project does not receive funding from a
Federal program that limits eligibility to a
particular segment of the population, the project
may have a limitation or preference for persons
with disabilities who need services offered at a
project only if:
(A.) The limitation or preference islimited
to the population of families (including
individuals) with disabilities that
1981
EXHIBIT 1
significantly interfere with their ability to
obtain and maintain housing;
(B.) Such families will not be able to
obtain or maintain themselvesin housing
without appropriate supportive services;
and
(C.) Such services cannot be provided in a
nonsegregated setting. The families must
not be required to accept the services
offered at the project. In advertising the
project, the owner may advertise the
project as offering services for a particular
type of disability; however, the project must
be open to all otherwise eligible persons
with disabilities who may benefit from the
services provided in the project.
4) Do not exclude an applicant with a voucher under the Section 8 Tenant‐Based Assistance: Housing Choice
Voucher Program (24 CFR part 982) or an applicant
participating in a HOME tenant‐based rental assistance
program because of the status of the prospective tenant as a holder of such voucher or comparable HOME
tenant‐based assistance document.
5) Provide for the selection of tenants from a written
waiting list in the chronological order of their
application, insofar as is practicable. The Continuum of Care’s (CoC) Coordinated Entry process is not a
compliant tenant selection process therefore not
permitted;
6) Give prompt written notification to any rejected
applicant of the grounds for any rejection; and
7) Comply with the VAWA requirements prescribed in §

92.359.
1982
EXHIBIT 1
EXHIBIT 2
1983
EXHIBIT 2

CITY OF STOCKTON

HOME PREFERENCE POLICY
HOME Housing Preference Policy:

1. When issuing affordable housing Notices of Funding Availability (NOFAs) the City of Stockton will consider awarding HOME funds to eligible projects that propose to serve any of the following target populations:

Housing Project
Population Definition of Population Rationale Notes/Supporting Data Housing for Homeless
or at Risk of Homeless
(includes
unaccompanied/foster
care youth)
Homeless or at risk of
homeless individuals or
households.

Must meet HUD/HCD
definition of
homelessness.

The need for permanent homes for homeless
residents is overwhelming and immediate.

Consistent with City/Regional plans.

The San Joaquin County 2024 Point in Time
Count reported a total of 4,732 persons
experiencing homelessness in San Joaquin
County in 2024, with 2,996 (63%) within the
City of Stockton. According to the 2022 Point
in Time Count 2,319 persons experiencing
homelessness resided within in San Joaquin
County. The fact that the homeless population
has doubled in the past two years indicates
that more attention and resources need to be
dedicated to addressing this issue.

The San Joaquin County 2024 Point in Time
Count collected data on four subpopulations
that the federal government determined to
face particular challenges related to housing.

One of the key subpopulations identified by
the federal government was children and
youth under age 25 experiencing
homelessness. Of the 4,732 persons
experiencing homelessness in San Joaquin
County, 304 individuals were identified as
being children and transition aged youth
under 25. Compared to the other four
vulnerable subpopulations identified in the
report, children and youth under the age of 25
experienced the highest share of unsheltered
homelessness as 80% of this population
reported they were unsheltered.

The Analysis of Impediments that was
completed in correspondence with the 2020-
2025 Consolidated Plan identified homeless
persons as a special housing needs
1984
EXHIBIT 2
population. The report suggests the lead
determinate for homelessness is due to the
inability to afford housing in a particular
community. Increasing the stock of affordable
housing for this subpopulation can alleviate
some of the challenges faced by this special
housing needs subpopulation.

Housing for Homeless
with Special Needs
Homeless individuals w/
special needs including
but not limited to
individuals experiencing
or recovering from
substance abuse
disorders, mental or
physical disabilities,
chronic homelessness,
justice involved
individuals, etc.

Must meet HUD/HCD
definition of
homelessness.

The 2024 City of Stockton Housing Element
cites persons with disabilities as a key
population with special housing needs. The
report cites “14.6 percent of the total
population in Stockton five years and older
had one or more disabilities in 2020,
compared 13.3 percent countywide, and 8.0
percent in California.”
Using HMIS data, the 2024 Regional
Homeless Action Plan identified statistically
significant vulnerable populations withing the
San Joaquin Continuum of Care district.

According to HMIS data, people with serious
mental illness (SMI) and people with
substance use disorders (SUD) were a
significant population that faced housing
insecurity.

The San Joaquin County 2024 Point in Time
Count (PITC) collected data on four
subpopulations that the federal government
determined to face particular challenges
related to housing. One of the key
subpopulations identified by the federal
government was individuals with disabilities
experiencing chronic homelessness. Of the
4,732 persons experiencing homelessness in
San Joaquin County, 1,078 individuals were
identified as being chronically homeless.

According to the PITC, 72% of the chronically
homeless population are unsheltered.

The Analysis of Impediments that was
completed in correspondence with the 2020-
2025 Consolidated Plan identified persons
with disabilities as a special housing needs
population. The analysis cites that persons
with disabilities can face discrimination in the
housing market due to biases about adaptive
equipment and the need for modifications.

Property owners might be concerned about
potential damage from equipment or be
1985
EXHIBIT 2
reluctant to accommodate service animals,
even if it means violating a no-pet policy.

According to San Joaquin County Behavioral
Health Services, “there is an urgent and
increasing need for affordable housing in San
Joaquin County, particularly for justiceinvolved mental health consumers. According to the National Institute of Mental Health,
approximately 37% of individuals in the U.S.
incarcerated in state and federal prisons and
44% in local jails have been diagnosed with a
mental illness. Furthermore, justice-involved
individuals with mental health conditions are
significantly more likely to experience
homelessness, with studies indicating that
about 15% of people leaving jails and prisons
become homeless within a year of release.”
Housing for
Low/Moderate Income
Individuals and
Families (includes
families with children
and large families)
Low-income individuals
and Families.

Must meet HUD/HCD
low/moderate income
definition(s).

The updated 2024 City of Stockton Housing
Element cites large families as a key
population with special housing needs. HUD
defines a large household or family as
consisting of five or more members. Large
families are cited as a special housing needs
population because 21.2% of households in
Stockton are considered large households
compared to 19.6% in the County and 13.8%
in California.

The San Joaquin County 2024 Point in Time
Count collected data on four subpopulations
that the federal government determined to
face particular challenges related to housing.

One of the key subpopulations identified by
the federal government was families with
children experiencing homelessness. Of the
4,732 persons experiencing homelessness in
San Joaquin County, 454 individuals were
identified as being members of homeless
families with children.

The Analysis of Impediments that was
completed in correspondence with the 2020-
2025 Consolidated Plan identified large
households as a special housing needs
population. The analysis conducted cited that
lower-income large households often face
excessive housing costs due to the higher
expense of larger units and the scarcity of
such units in conventional apartment
complexes. Additionally, these families may
1986
EXHIBIT 2
experience overcrowded living conditions and
discrimination in the housing market, such as
higher rents or outright denial of rental
applications.

Housing for Veterans U.S. Military Veterans Many housing authorities have preferences for award of housing vouchers to veterans.

Rationale is that veterans are more likely to
be physically and financially vulnerable and to
need affordable housing more than the
general population. VASH rental vouchers
from the VA are either portable or projectbased. Preference could be for VASH holders.

The San Joaquin County 2024 Point in Time
Count collected data on four subpopulations
that the federal government determined to
face particular challenges related to housing.

One of the key subpopulations identified by
the federal government was veterans. Of the
4,732 persons experiencing homelessness in
San Joaquin County, 249 individuals were
homeless veterans. Moreover, the report cites
that 79% of the homeless veteran population
were unsheltered.

Using HMIS data, the 2024 Regional
Homeless Action Plan identified statistically
significant vulnerable populations withing the
San Joaquin Continuum of Care district.

According to HMIS data, veterans were a
significant population that faced housing
insecurity. The plan states that “while
veterans had the highest rate for permanent
housing placement, they also have a higherthan-average rate of returning to homelessness after placement, suggesting
that veterans' housing programs might benefit
from additional support for clients (perhaps
trauma or PTSD-specific).” The plan also
outlines that one of the four funding priorities
of HHAP round 5 involves targeted outreach
and support services for vulnerable
populations such as veterans.

Housing for Survivors
of Domestic Violence
Victims of Domestic
Violence
Many housing authority voucher programs
give priority to the Violence Against Women
1987
EXHIBIT 2
Act population. HUD recently issued new
resources for advancing housing protections
for survivors of domestic violence.

Using HMIS data, the 2024 Regional
Homeless Action Plan identified statistically
significant vulnerable populations withing the
San Joaquin Continuum of Care district.

According to HMIS data, people fleeing
domestic violence was a significant
population that faced housing insecurity. The
plan outlines that one of the four funding
priorities of HHAP round 5 involves targeted
outreach and support services for vulnerable
populations such as victims of domestic
violence.

Senior Housing • 55 years of age or older
if at least 80 percent of
its units are occupied by
at least one person of
this age.
• OR at least one person
62 or older resides in
each apartment unit
(100% of the units)
• AND the housing project
is required to
demonstrate the “intent”
to be “Housing for Older
Persons.”
• Head of Household or
spouse must meet the
age definition.

The 2024 City of Stockton Housing Element
cites seniors as a key population with special
housing needs. Senior households make up

21.6% of Stockton households and nearly
30% of senior households in Stockton have
an income of less than $25,000.

The Analysis of Impediments that was
completed in correspondence with the 2020-
2025 Consolidated Plan identified seniors as
a special housing needs population. The
analysis describes that seniors possess
special housing needs due to living on fixed
incomes, limited mobility, and physical or
mental impairments or disabilities. In order to
make housing accessible to this
subpopulation, housing must be affordable
within their fixed income budget and designed
for individuals with limited mobility.

Farmworker Housing Farmworkers including
those that meet other
funding source
farmworker definitions.

The updated 2024 City of Stockton Housing
Element cites farmworkers as a key
population with special housing needs. The
plan states that farmworkers are an essential
component of Stockton’s economy and
according to the 2016-2020 American
Community Survey 5,010 Stockton residents
work in agriculture, forestry, fishing and
hunting, or mining. Moreover, according to the
2017 Census, 19,741 farmworkers worked in
San Joaquin County. Programs 11, 12, 16,
22, 23, and 30 of the Housing Element
commit to actions to support developing new
homes and rehabilitating existing homes for
farmworkers, along with prioritizing outreach
1988
EXHIBIT 2
and programs for farmworkers. While
farmworkers are important to the local
economy, many are low-income workers and
are often subject to substandard housing.

The Analysis of Impediments that was
completed in correspondence with the 2020-
2025 Consolidated Plan identified
farmworkers as a special housing needs
population. While farmworkers were identified
as being an essential component of the
regional agricultural system they face
challenges in obtaining adequate and
affordable housing due to high poverty rates,
large household sizes, linguistic isolation, and
intimidation and fear due to citizenship status.

Due to limited capital in farmworker housing,
the farm-working community frequently ends
up in overcrowded, substandard housing that
is often geographically isolated and lacks
essential services, increasing their risk of
homelessness.

Workforce Housing Housing that is affordable
for those earning between
80% and 120% of the
area median income.

Households in workforce housing typically
earn too much to qualify for programs under
HUD. At the same time, they are also unable
to afford most quality market-rate apartments.

Development of workforce housing will be
subject to the availability of public or private
resources tailored to this population.

Artists’ Housing Those engaging in
defined artistic pursuits,
including visual arts,
music, dance, and other
media.

Artists are underpaid relative to housing
prices, part of the City’s priorities for
placemaking, and at high risk of
displacement. Need for flexible and
affordable live/workspace.

2. The following requirements shall apply to all HOME‐assisted housing projects that adopt any of the target populations allowable under this policy:
a. The projectshall not violate of any local,state, or federal fair housing regulations.
b. The projectshall comply with all applicable housing regulations at 24 CFR Part 92.
c. The projectshall comply with the HOME Tenant Selection requirements at 24 CFR 92.253(d) as follows:
1989
EXHIBIT 2
i. An owner of rental housing assisted with HOME funds must comply with the affirmative marketing requirements
established by the City of Stockton pursuant to § 92.351(a). ii. The owner must adopt and follow written tenantselection policies and criteria that:
1) Limit the housing to very low‐ income and low‐income families;
2) Are reasonably related to the applicants' ability to perform the obligations of the lease (i.e., to pay the rent, not to damage the housing; not to interfere with the
rights and quiet enjoyment of other tenants);
3) Limit eligibility or give a preference to a particular segment of the population if permitted in its written
agreement with the City of Stockton (and only if the
limitation or preference is described in the City of
Stockton’s Consolidated Plan).
(i.) Any limitation or preference must not violate
nondiscrimination requirements in § 92.350. A
limitation or preference does not violate
nondiscrimination requirements if the housing
also receives funding from a Federal program that
limits eligibility to a particular segment of the
population (e.g., the Housing Opportunity for
Persons with AIDS program under 24 CFR part 574,
the Shelter Plus Care program under 24 CFR part
582, the Supportive Housing program under 24
CFR part 583, supportive housing for the elderly or
persons with disabilities under 24 CFR part 891),
and the limit or preference is tailored to serve that
segment of the population.
(ii.) If a project does not receive funding from a
Federal program that limits eligibility to a
particular segment of the population, the project
may have a limitation or preference for persons
with disabilities who need services offered at a
project only if:
(A.) The limitation or preference islimited
to the population of families (including
individuals) with disabilities that
1990
EXHIBIT 2
significantly interfere with their ability to
obtain and maintain housing;
(B.) Such families will not be able to
obtain or maintain themselvesin housing
without appropriate supportive services;
and
(C.) Such services cannot be provided in a
nonsegregated setting. The families must
not be required to accept the services
offered at the project. In advertising the
project, the owner may advertise the
project as offering services for a particular
type of disability; however, the project must
be open to all otherwise eligible persons
with disabilities who may benefit from the
services provided in the project.
4) Do not exclude an applicant with a voucher under the Section 8 Tenant‐Based Assistance: Housing Choice
Voucher Program (24 CFR part 982) or an applicant
participating in a HOME tenant‐based rental assistance
program because of the status of the prospective tenant as a holder of such voucher or comparable HOME
tenant‐based assistance document.
5) Provide for the selection of tenants from a written
waiting list in the chronological order of their
application, insofar as is practicable. The Continuum of Care’s (CoC) Coordinated Entry process is not a
compliant tenant selection process therefore not
permitted;
6) Give prompt written notification to any rejected
applicant of the grounds for any rejection; and
7) Comply with the VAWA requirements prescribed in §

92.359.
1991
EXHIBIT 3
1992
2020-2025 CONSOLIDATED PLAN
AMENDMENT #4
City Council Meeting
November 12, 2024
Agenda Item 16.2
1993

BACKGROUND
As a HUD Entitlement Community, the City of Stockton is a recipient of:
 Community Development Block Grant (CDBG)
 Serve Low-Income persons/areas: Housing, Infrastructure, Public Services, Economic Development  Emergency Solutions Grant (ESG)
 Serve Homeless individuals/families: Outreach, Shelter, Homeless Prevention, Rapid Rehousing  HOME Investment Partnerships Program (HOME)
 Affordable Housing financing – Acquisition, Construction, Rehab/Conversion Requirements:
 5-Year Consolidated Plan/Annual Action Plans Citizen Participation • Public process must be conducted when amending the Consolidated Plan to adopt new goals, projects, or policies.
• This item proposes two modifications to the current 2020-2025 Consolidated Plan. 1994
Amendment #4 Proposed Modifications:

1. Establish HOME Housing Preference Policy - Amend AP-90 of the Consolidated Plan:
• To establish HOME Program Preferences for rental housing projects, in accordance with 24 CFR

92.253(d)(3), to allow the award of HOME funds to housing developers proposing to develop housing for specific segments of the population.

2. Establish Slum Blight Area Map - Amend AP-50 of the Consolidated Plan:
• To designate a slum/blight area map for use of CDBG funds for eligible activities in Program Year 2024-2025 under the Slum Blight Area Basis National Objective for aiding in prevention or elimination of slums or blight. 2020-2025 CONSOLIDATED PLAN
AMENDMENT #4
1995
PART 1 OF THE AMENDMENT:

HOME HOUSING PREFERENCE POLICY
1996

BACKGROUND
HOME Program
 Largest federal block grant program dedicated to affordable housing for low-income households. HOME funds may provide gap soft financing to housing developers – made available through competitive Notices of Funding Availability (NOFAs)
 Often, affordable housing proposals target specific population groups: e.g. seniors, veterans, homeless/ at risk, youth, special needs, farmworkers, DV survivors.  HOME Program Requirement - when awarding HOME funds to a rental housing project:
• Any limitation or “preference” given to a particular segment of the population, must be described in the City’s HUD Consolidated Plan.

Need for Consolidated Plan Amendment:
 The City’s 2020-2025 Consolidated Plan does not currently have set preferences for any sub-populations. Following HUD’s direction, staff closely analyzed the HOME regulation requirements and proposes establishing a list of HOME “preference” population types – HOME Preferences.  Without the establishment of HOME Preferences, the City would be unable to partner with housing developers and spend HOME funds on many proposed housing projects. 1997
HOME Housing Preference Policy:

1. When issuing affordable housing Notices of Funding Availability (NOFAs) the City of Stockton will consider awarding HOME funds to eligible projects that propose to serve any of the following target populations:

PROPOSED HOME PREFERENCE POLICY
 Homeless or at Risk of Homeless
(includes unaccompanied/foster care youth)
 Homeless with Special Needs (includes
mental health, substance abuse recovery,justice involved, etc.)  Low/Moderate Income Individuals and
Families (includes families with children andlarge families)  U.S. Veterans Domestic Violence Survivors Seniors
 Farmworkers Workforce Housing (Housing that is
affordable for those earning between 80%and 120% of the area median income.)  Local Artists

2. HOME-assisted housing projects that adopt any of the target populations allowable under this policy shall comply with
a. Local, state, federal non-discrimination requirementsb. All applicable housing regulations at 24 CFR Part 92.c. HOME Tenant Selection requirements at 24 CFR 92.253(d) 1998
PART 2 OF THE AMENDENT:

SLUM BLIGHT AREA MAP
(SBA)
1999

BACKGROUND
• HUD authorizes the use of CDBG funds for activities that meet one of three national objectives, one of which is "Aid in the prevention or elimination of slums or blight". • One of the categories to qualify activities under this national objective is "Prevent or eliminate slums or blight on an area basis". • The area must be delineated by the jurisdiction.• The activities using this national objective must address one or more of the conditions which contributed to the deterioration of the area. • The area must be redetermined every 10 years.• This map was previously approved by the City Council on April 16, 2024, however HUD requires the 2020-2025 Consolidated Plan to be amended to adopt the map for use during Program Year 2024-2025. 2000

STOCKTON SBA MAP
2001

CPP SCHEDULE OF EVENTS
Date Event
Public Comment PeriodPublished in the Stockton Record, Social Media, and EDD website.

September 11, 2024 –November 12, 2024
Community Development Committee(CDC) Public Hearing
September 18, 2024November 12, 2024 City Council Public Hearing 2002

RECOMMENDATIONS
It is recommended that the City Council adopt a resolution:1. Approving a Fourth Amendment to the City’s 2020-2025 Consolidated Plan (Exhibit 1) including the proposed HOME Preference Policy (Exhibit 2).

2. Amending the 2020-2025 Consolidated Plan designating a slum/blight area map for use of CDBG funds for eligible activities under the slum Blight Area Basis National Objective for aiding in prevention or elimination of slums or blight.

3. Authorizing the City Manager, or designee, to execute and submit all documents to the U.S. Department of Housing and Urban Development and to take any actions necessary and appropriate to carry out the purpose and intent of the resolution. 2003
City of Stockton
Legislation Text
File #: 24-1085, Version: 1
PUBLIC HEARING: APPROVE FOUR RESOLUTIONS AND ADOPT AN ORDINANCE IN CONNECTION WITH PROPOSED FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (SOUTH STOCKTON FACILITIES AND SERVICES)

RECOMMENDATION
It is recommended that the City Council:

1. Approve the following four resolutions:
a) A resolution of formation establishing Community Facilities District No. 2014-1 (South Stockton Facilities and Services) (the “CFD”), authorizing the levy of a special tax within the CFD and establishing an appropriations limit for the CFD. b) A resolution determining the necessity to incur bonded indebtedness in an amount not to exceed $50,000,000.
c) A resolution calling for an election for the purpose of submitting the levy of the special tax and the establishment of the appropriations limit to the qualified electors of the CFD. d) A resolution declaring the results of the election and directing the recording of a notice of special tax lien.

2. Adopt an ordinance authorizing the levy of a special tax within the CFD.

The City Manager is hereby authorized to take such further actions as are necessary and appropriate to carry out the purpose and intent of these Resolutions.

Summary
The City recently annexed into the city limits property commonly known as the Mariposa Industrial Park. As part of the Development Agreement, the developer is required to form a CFD to help offset the General Fund impacts of providing fire service to areas of new development. In addition, the CFD will provide funding for necessary fire related improvements and will ensure that all benefiting landowners participate in facility financing. CFD bonds will be used to provide the primary funding for authorized facilities, which includes the costs of acquiring land and constructing one or more fire stations to serve South Stockton.

Approval of the recommended resolutions will complete the implementation of Title 5, Chapter 5.05 of the Council Policy Manual. The Council adopted this policy in July 2018 to require new development, as defined, to provide adequate resources for the provision of services and maintenance of facilities impacted by new development.

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Previously, staff analyzed the fiscal impact of potential development and determined that it would add net General Fund costs not otherwise included in the Long-Range Financial Plan (the “LRFP”). The adopted Council policy allows for the formation of new services community facilities districts to help offset the cost of new development. Approval of the recommended resolutions completes the creation of the new facilities and services CFD and provides the mechanism to collect the necessary taxes to provide funding for fire facilities and the provision of fire and paramedic services required to meet the demands of new development in the City.

The Council approved the resolution necessary to begin the process of forming the CFD on September 17, 2024, and set a public hearing date of November 12, 2024. The recommended resolutions, attached to this agenda item, finalize formation by calling for the landowner election (which can be held immediately because the City has procured waivers of the time otherwise required), certify the election results, and authorize the placement of special taxes on the tax roll.

The City Attorney’s office has approved these resolutions as to form.

DISCUSSION
Background
The Mello-Roos Community Facilities Act of 1982, as amended (Government Code Sections 53311 et seq.), was enacted by the California Legislature to provide an alternate method of financing certain essential public capital facilities and services, especially in the developing areas of the State of California. Once duly established by a city, county, or other local agency, a Community Facilities District is a legally formed governmental entity with defined boundaries, with the governing board or legislative body of the local agency acting on its behalf. Subject to approval by a 2/3rds vote of qualified electors within the boundaries in compliance with the provisions of the Act, a legislative body of a local agency may issue bonds for a CFD to finance public facilities and may levy and collect a special tax within a CFD to repay such indebtedness, in addition to levying and collecting a component of the tax to pay for public services.

Present Situation
The initial boundary of the CFD will include just the Mariposa Industrial Park which currently houses a Walmart Distribution Center of approximately 900,000 square feet and is expected to develop other industrial buildings up to another 1,224,880 square feet. In addition to the initial boundary, other undeveloped commercial and industrial areas within the annexation territory will be asked in the future to annex into the CFD thereby expanding the boundaries as future development occurs.

After the adoption of the Resolution of Intention, the landowners conducted a swap of two parcels (approximately four acres) south of Bear Creek in exchange for property north of Bear Creek. The property north of Bear Creek has been built as a detention basin. The developers recommended that the two parcels South of Bear Creek be excluded from the initial boundary of the CFD and moved to the Future Annexation Area. In connection with the request, the landowners submitted an amended boundary map depicting the requested amended boundaries of the CFD and Future Annexation Area (herein the “Amended Map”). The Amended Map is on file with the City Clerk. As part of the Resolution of Formation, the City Council will approve and adopt the Amended Map and request it be recorded as final.

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If formed, the CFD will help fund the construction of fire related public capital infrastructure facilities in the project area, including one or more fire stations to reduce service times to this portion of the City.

Fire and paramedic related services will also be funded by the special tax.

The City has completed all legal matters needing to take place before the public hearing concerning the formation of the proposed CFD, including recording a Boundary Map showing the initial area and future annexation boundaries with the San Joaquin County Recorder, and published in the Stockton Record a Notice of the Public Hearing to be conducted this evening. Certificates certifying both actions regarding notification are on file with the City Clerk.

The law requires that a CFD can only be formed, and the tax approved, by a 2/3rds vote of the eligible registered voters who reside within the proposed CFD. The law provides that if there are fewer than 12 registered voters residing within the boundaries of the proposed CFD (as is the case here), then the eligible registered voters are the landowners with one vote for each acre of land owned. The landowners in the proposed CFD have filed the necessary waiver and consent documents with the City Clerk shortening the time periods and waiving various requirements for conducting a mailed ballot election.

Formation of the District
The adoption of the recommended resolutions and ordinance will establish the City of Stockton Community Facilities District No. 2024-1 (South Stockton Facilities and Services). If the CFD is formed, it will establish a maximum debt authorization of $50 million, which will involve multiple bond issues. The size and timing of bond issues has yet to be determined and is not expected to occur for several years.

Facilities and Services To Be Funded
The types of public facilities proposed to be funded by bond proceeds include funding the construction of fire related public capital infrastructure facilities in the project area, including one or more fire stations to reduce service times to this portion of the City. Fire and paramedic related services will also be funded by the special tax.

In addition, certain incidental expenses authorized by the Mello-Roos Community Facilities Act of 1982 can be financed, including but not limited to, the cost of planning, engineering, and designing the facilities; costs associated with the creation of the CFD, issuance of bonds, and determination of the amount of taxes and the collection and payment thereof.

The Rate and Method of Apportionment
Parcels within the proposed CFD will pay a maximum special tax based on the rate and method of apportionment of special tax, commonly referred to as the Special Tax formula.

Each year, the administrator will calculate and the City will approve the annual costs for the CFD.

The annual costs will include:
• Administrative Expenses
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• Annual Service Costs
• Annual Debt Service (i.e., principal and interest on bonds) • Replenishment of the Bond Reserve Fund (if necessary) • Special Tax Delinquencies
The annual costs funded by the levy of the special tax will be determined by subtracting other available revenues, such as reimbursement payments, fees, funds available from prepaid special taxes, interest earnings on the bond reserve fund, or receipts of delinquent special taxes from previous fiscal years. The administrator will then apply the Special Tax Formula to determine the special tax levy for each parcel.

The maximum annual facilities special tax for each parcel within the CFD will initially be $650 per acre and will grow at a rate of 2% per year while bonds are outstanding. The maximum annual services special tax for each parcel within the CFD will initially be $1,637 per acre and will grow at a rate of up to 4% per year. The services special tax and escalator will remain in perpetuity.

Incurrence of Bonded Indebtedness
During the formation process of the CFD, the not to exceed bonded indebtedness is established at $50 million. While the initial boundaries of the CFD are small and will generate little special tax revenue, the CFD is expected to continue to develop over time as properties annex. It is anticipated that the CFD will issue bonds for capital facilities, but this is not expected to occur for several years.

FINANCIAL SUMMARY
The estimated cost to the City to form the CFD is between $40,000 and $60,000 and will include the fees and expenses of the Special Tax Consultant (Economic Planning Systems), Bond Counsel (Jones Hall) and the City’s Municipal Advisor (Del Rio Advisors, LLC). The developer is responsible for paying the full cost for the District formation as a condition of the Development Agreement in an amount not to exceed $100,000.

The City will benefit from the services tax at such times as a property moves to developed status and parcels become subject to the services tax. Developed status means any parcel, prior to May 1 of each year, for which a building permit has been pulled.

Ultimately, when bonds are issued, the City will receive an administrative fee based on a sliding scale of the issuance based on three-quarters of one-percent (0.75%) up to the first $5 million of the par amount of the bond issue; one-half of one-percent (0.50%) of the par amount of the bond issue over $5 million up to $10 million; one-quarter of one-percent (0.25%) of the par amount of the bond issue over $10 million. The City’s Administration Fee is a component of the cost of issuance and is paid from bond proceeds.

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