Revised 5/16/17
This Amendment #2 to Agreement UCOP# 2018.000208 (“Agreement”) is entered into between The Regents of the University of California (UC) and Supplier.
AMENDMENT TO AGREEMENT
UC‐Wide Fastenal MRO agreement extension from June 30, 2023 to June 30, 2025.
All other terms, conditions and provisions of the Agreement shall remain in full force and effect.
This Amendment is signed by the parties’ duly authorized representatives, and shall be effective as of February
17. 2023
FASTENAL COMPANY THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
By:
Name:
Terry Owen
Title:
Sr. Executive Vice President
Date:
2/10/2023
Amendment to Agreement
Replacing Terms and Conditions
DocuSign Envelope ID: 06F8A80A-64D0-4100-99D5-4698CF528C8C Jeremy Meadows
Executive Director, Strategic Sourcing
2/13/2023
ATTACHMENT B 578
ATTACHMENT B 579
Exhibit B:
Insurance Requirements
(Services)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or ATTACHMENT B 580
operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
ATTACHMENT B 581
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and ATTACHMENT B 582
endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT B 583
City of Stockton
Legislation Text
File #: 24-1150, Version: 1
ADOPT A RESOLUTION SUPPORTING AND ENCOURAGING HEALTHY FOOD OPTIONS AT
RETAIL CHECKOUT
RECOMMENDATION
It is recommended that the City Council adopt a resolution supporting and encouraging retail establishments to provide healthy food options at one (1) store checkout aisle.
Summary
The City of Stockton is committed to providing an environment where the health, safety, and welfare of all who live, work, and do business in the City of Stockton are a top priority. Adopting this resolution will reinforce the City’s dedication to this goal by supporting and encouraging the sale and purchase of healthy food options, including but not limited to foods such as grains, water, yogurts, trail mix, etc., in one (1) aisle of retail establishments that provide food options.
DISCUSSION
Background
It is well-established that diets with an excess of added sugars and sodium are correlated to chronic health issues including diabetes, high blood pressure, and strokes. Food choices are strongly affected by the environments in which they are made.
A 2015 study by the California State University Northridge analyzed food deserts, an urban area in which it is difficult to buy affordable or good-quality fresh food, and supermarket accessibility in Stockton, California.
The study showed the complex relationships between placement of supermarkets in areas and population dynamics within city boundaries. The highest distressed areas had the least number of supermarkets within walking distance of homes. The study showed that at risk populations could be affected by various nutritional illnesses that cost millions of dollars in health care.
Adding to these challenges, the placement of unhealthy snacks near checkout registers increases the likelihood that consumers will purchase those types of foods and drinks, thus undermining the consumer health choices and public health initiatives.
Present Situation
Today’s food landscape plays a large role in determining what people purchase and consume.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION SUPPORTING AND ECNOURAGING HEALTHY FOOD OPTIONS AT
RETAIL CHECKOUT
The City of Stockton is committed to providing an environment where the health, safety, and welfare of all who live, work, and do business in the City of Stockton are a top priority; and
It is well-established that diets with an excess of added sugars and sodium are correlated to chronic health issues including diabetes, high blood pressure, and strokes.
Food choices are strongly affected by the environments in which they are made; and The placement of unhealthy snacks near checkout registers increases the likelihood that consumers will purchase those types of foods and drinks, thus undermining the consumer health choices and public health initiatives; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
The City of Stockton hereby acknowledges its support and encouragement for the provision of healthy food options at retail checkout, including but not limited to foods such as grains, water, yogurts, trail mix, etc., in one (1) aisle of retail establishments that provide food options to encourage consumers to purchase healthier food options.
PASSED, APPROVED, and ADOPTED November 12, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
585
City of Stockton
Legislation Text
File #: 24-1063, Version: 1
APPROVE A MOTION ACCEPTING THE 2024 ANNUAL PROGRESS REPORT TO CONFIRM 200- YEAR URBAN LEVEL OF FLOOD PROTECTION FINDING FOR RECLAMATION DISTRICT 2042 AREA
RECOMMENDATION
It is recommended that City Council:
1. Approve a motion accepting the 2024 Annual Progress Report to confirm the 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area; and
2. Authorize the City Manager or designee to take necessary and appropriate actions to carry out the purpose and the intent of this motion.
Summary
Reclamation District 2042 is located on the north end of the City of Stockton just west of Interstate 5 and north and south of Eight Mile Road (Attachment A - RD 2042 Map). Reclamation District (RD) 2042 is a local flood management agency that operates and maintains the flood levee system that protects properties within Bishop Tract to the Flood Emergency Management Agency (FEMA) required 100-year level of protection requirements. The RD 2042 area includes approximately 800 acres of undeveloped land that is within the City limits and approved for residential development.
Residential development is presently underway in the Westlake Villages Master Development Plan area south of Eight Mile Road and west of Regatta Drive.
In accordance with State regulation commonly known as Senate Bill 5 (Central Valley Flood Protection Act of 2008, Chap. 364, Stats. 2007), Stockton Municipal Code (SMC) Section 16.90 requires that the City shall not approve new development unless findings can be made that the new development will be protected to the 200-year flood event level. On October 17, 2017, City Council approved a 200-year urban level of flood protection “adequate progress” finding for the RD 2042 boundary area. This finding was based on substantial evidence, including an engineer’s report, a scope of work, cost, and schedule, demonstrating that 200-year levee improvements would be completed by the year 2025. Council’s approval allowed for subsequent discretionary planning applications and building permits for the construction of residential units to continue to occur within the RD 2042 boundary.
To maintain an “adequate progress” status, a progress report on the efforts to complete the flood protection system improvements must be submitted to the Central Valley Flood Protection Board (CVFPB) annually. RD 2042 prepared a 2024 progress report that indicates levee improvements are progressing and on schedule for completion in 2025. Staff recommends that Council approve a City of Stockton Page 1 of 3 Printed on 11/14/2024
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File #: 24-1063, Version: 1
motion accepting the 2024 Annual Progress Report for the RD 2042 boundary area to allow for submitting a progress report to the CVFPB.
DISCUSSION
Background
RD 2042’s levees are currently accredited to 100-year Flood Emergency Management Agency (FEMA) standards, which correlates with the National Flood Insurance Program. Approximately onethird of the District area is currently within the Stockton City limits and consists of existing commercial and residential developed properties, along with undeveloped properties that are approved and entitled for planned development. Notable entitled developments include the Westlake Villages Master Development Plan, consisting of 2,630 single-family units on 680 acres (871 units have issued building permits), and Crystal Bay, consisting of 951 single-family units on 156 acres (0 units have issued building permits).
On May 24, 2016, the City Council approved an amendment to the Stockton Municipal Code to comply with a State mandate for new development to have 200-year flood protection (Central Valley Flood Protection Act of 2008, Chap. 364, Stats. 2007). This regulation is commonly referred to as Senate Bill (SB) 5 (see Attachment B for an overview of SB 5 and the City’s process for complying with the regulation).
Based on the 200-year floodplain map prepared by the State, RD 2042 is located within the deeper floodplain area, with portions exceeding 10 feet of flood depth (Attachment C - 200-Year Floodplain Map). RD 2042 requires a plan to complete flood protection system improvements consistent with SB
5. Absent adequate progress toward 200-year flood protection, discretionary planning applications and building permits for new residential units cannot be approved.
In 2017, RD 2042 assembled a qualified team of engineers and conducted an evaluation of levees to identify any deficiencies and countermeasures needed to achieve 200-year protection. The District funded an independent panel of experts (IPE), consisting of engineers from various firms with different expertise in hydrology, hydraulics, and levee facility design and construction, to conduct a review and provide comments on the RD’s engineering report in accordance with SB 5.
The final engineering report concluded the RD 2042 levee system requires improvements to address deteriorated pipe penetrations in the levees to meet the 200-year flood protection requirements. The improvements consist of removal and replacement of pipes and installation of gate valves. The total cost of the improvements is approximately $2.9 million (2017 dollars). The City’s IPE concurred with the final engineering report.
On October 17, 2017, City Council approved a 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area (Resolution 2017-10-17-1105). This finding was based on RD 2042’s Adequate Progress Engineer’s report. Council’s approval allowed for subsequent discretionary planning applications and building permits to be submitted for construction of residential units to occur within the RD 2042 boundary while progress is occurring on the levee protection improvements.
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File #: 24-1063, Version: 1
According to the State’s Urban Level of Flood Protection Criteria, a finding based on adequate progress has an effective period of 10 years from the date it was approved. To maintain adequate progress status, progress reports must be prepared annually to demonstrate progress on the construction of the flood improvements. Annual progress reports for the years 2018, 2019, 2020, 2021, 2022, and 2023 demonstrated adequate progress occurring on the improvements and were accepted by Council (Motions 2018-12-04-1103, 2019-12-17-1105, 2020-12-01-1101, 2021-12-07- 1203 and 2022-12-06-1203, 2023-12-05-1204).
Present Situation
RD 2042 prepared the 2024 Annual Progress Report for submission to the CVFPB (Attachment D - 2024 Annual Progress Report). The report identifies the District will expend approximately $161,755 for the year 2024 on the levee protection system at three locations identified as stations N177+38, and N195+72 to address construction of the pipes. The overall levee improvement project remains on schedule, and the RD 2042 continues to budget for the remainder of the improvements to be completed in 2026.
This annual progress report provides an update on the 200-year flood protection improvements; Council action is required to validate the Adequate Progress Finding. Though the State’s criteria does not specify whether the original approving authority of the Adequate Progress Finding needs to accept the report, this has been an established practice by other local agencies maintaining Adequate Progress Findings to ensure compliance. Staff recommends that the Council approve a motion to accept the 2024 progress report, which confirms the Council’s Adequate Progress Finding determination that RD 2042 is making adequate progress on the construction of flood protection improvements that will result in flood protection equal or greater to the 200-year level of flood protection for the District area. This area-wide finding can be relied upon for any subsequent applications that are submitted requiring discretionary planning approvals or ministerial building permits for new construction of residential units within the RD 2042 boundary. This is most critical for the Westlake Villages Development, which is actively constructing single-family residential units.
FINANCIAL SUMMARY
There will be no financial impact to the City of Stockton as a result of the recommended action.
Attachment A - RD 2042 Map
Attachment B - SB 5 Overview
Attachment C - 200-Year Floodplain Map
Attachment D - 2024 Annual Progress Report
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City Limits
Crystal Bay Planned
Development
Westlake Villages Master
Development Plan
ATTACHMENT A
589
ATTACHMENT B
BACKGROUND INFORMATION
SENATE BILL (SB) 5 (CENTRAL VALLEY FLOOD PROTECTION ACT OF 2008, CHAPTER 364, STATS. 2007)
In 2007, five interrelated pieces of legislation were enacted to address the problem of flood protection and liability. The legislative package also made $5 billion in State bonds available for flood protection improvements. The Central Valley Flood Protection Act of 2008 (Chapter 364, Stats. 2007), commonly referred to as SB 5, contained provisions for local agencies to incorporate flood risk considerations into land use planning. This legislation primarily focused on flood requirements for the Sacramento-San Joaquin Valley within an area defined as the Sacramento-San Joaquin Hydrologic Regions, which includes the City of Stockton (Exhibit 1 - Hydraulic Regions Map).
SB 5 identified the California Department of Water Resources (DWR) as the agency responsible for preparing a strategic Central Valley Flood Protection Plan by July 1, 2012.
The Flood Protection Plan was primarily intended to identify necessary improvements to state flood control facilities and establish flood protection building standards where flood levels are anticipated to exceed three feet for a 200-year flood event.
A 200-year flood event is generally considered a flood of a magnitude that statistically occurs once every 200 years, or has a 0.5% likelihood of occurring in any given year. SB 5 defines this as the "urban level of flood protection." The Central Valley Flood Protection Board adopted the Flood Protection Plan by the July 1, 2012 deadline. The Central Valley Flood Protection Board is a State regulatory agency charged with overseeing the flood management system in the California's Central Valley.
SB 5 required each city and county within the Sacramento-San Joaquin Valley, including charter cities like Stockton, to amend its general plan by July 2, 2015, to include data and analysis from the State’s Flood Protection Plan and goals and policies for the protection of lives and property that will reduce the risk of flood damage from a 200-year flood event (Government Code § 65302.9). Further, SB 5 required each city and county to amend its zoning ordinance by July 2, 2016, to incorporate new findings related to development in the 200-year floodplain and ensure the code is consistent with the general plan.
On June 23, 2015, the City Council approved a General Plan Amendment to comply with SB 5 (Resolution 2015-06-23-1601). The Amendment generally consisted of policy changes to provide for the City to regulate new and existing urban development within floodplains in accordance with the Federal (100-year) and State (200-year) requirements.
Policy changes included setback and easements requirements for new urban development and called for planning for 200-year flood protection and upgrading the protection system to the 200-year design standard, where feasible.
On May 24, 2016, the City Council approved an amendment to Stockton Municipal Code Titles 15 - Buildings and Construction and 16 - Development Code to comply with SB 5 (Resolution 2016-05-24-1605). Effective July 2, 2016, the City began implementation to 590
ATTACHMENT B
ensure that specific findings related to 200-year flood protection are made prior to approving certain projects located within a flood hazard zone.
SMC Section 16.90 Floodplain Management Findings, specifies that the City’s review authority for make a finding related to 200-year flood protection, for any of the following land-use decisions:
∑ Entering into a development agreement for all types of property development. ∑ Approving a discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building. ∑ Approving a ministerial permit that would result in the construction of a new residence.
∑ Approving a tentative map consistent with the Subdivision Map Act for all subdivisions.
∑ Approving a tentative parcel map or a parcel map for which a tentative parcel map is not required, consistent with the Subdivision Map Act.
A “finding” is commonly required for land use decisions to provide evidence on the record to support the decision. The City’s Development Code contains certain findings within each of the specific land use application sections that shall be made by the review authority (City Council, Planning Commission, Community Development Director) prior to making a decision for approval.
SB 5 introduces new findings related to 200-year level of flood protection and one of these findings must be made prior to approving any of the above land use applications. SMC Section 16.90.020A provides for the following findings to be made, based on substantial evidence in the record:
1. The facilities of the State Plan of Flood Control or other flood management facilities protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas;
2. The City has imposed conditions on a development agreement, map, permit, or entitlement that will protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas;
3. The local flood management agency has made adequate progress (as defined in California Government Code § 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas for 591
ATTACHMENT B
property located within a flood hazard zone, intended to be protected by the system;
4. The property in an undetermined risk area has met the urban level of flood protection;
5. The property is located in an area of potential flooding of three (3) feet or less from a storm event that has a 1-in-200 chance of occurring in any given year, from sources other than local drainage, in urban and urbanizing areas; or
6. The property is located within a watershed with a contributing area of 10 or fewer square miles in urban and urbanizing areas.
Finding numbers 4 and 6 above do not pertain to Stockton; however, because these findings were included in the SB 5 regulations, the City incorporated them into its Code.
Thus, the city is reliant on making one of the four applicable City findings (numbers 1, 2, 3, or 5).
As indicated above, whichever finding is made shall be based on substantial evidence in the record. The State Department of Water Resources developed guidance (“Urban Level of Flood Protection Criteria”, dated November 2013), as required by SB 5 to help cities with determining the level and type of evidence required to support the findings. The State also assisted in developing a 200-year floodplain map which shows the anticipated depth of the flooding throughout the Stockton metropolitan area in the event of a 200-year flood (see Exhibit 2 – 200-Year Floodplain Map).
Shallow flooding areas (up to three feet or less of flooding) are not considered to be within the 200-year floodplain (shown in blue on the map). The map identifies a significant portion of the westerly side of the City near Interstate 5 and some isolated areas within the central and easterly side of the City as being inundated in excess of three feet during a 200-year event (shown in yellow, orange, and red on the map). It is important to understand that this map which was prepared to comply with the State law, is independent of the FEMA 100-year flood maps, which are associated with the National Flood Insurance Program.
Since the City began implementing the 200-year flood regulation, the 200-year map has served as the substantial evidence for making a finding (number 5 above) for approval of projects located in the “blue” shallow flooding areas. For projects located in the deeper floodplain areas (yellow, orange and red areas on the map), the city is relying on the State’s criteria for guidance on type and level of evidence to support its floodplain finding.
This entails the applicant hiring a qualified civil engineer to establish the 200-year flood depth for the project property and specifying the necessary improvements to protect the property to the 200-year level of protection. For projects in the yellow and orange areas (flood depths between 4 to 10 feet), engineering reports typically have been recommending the project’s finished floor be elevated (with fill or increased foundation) to the required floodplain height. The city can impose this improvement on the project and make a finding (#2 above) for approval based on the engineer’s report as evidence. 592
ATTACHMENT B
For projects located in the red areas on the map, which may be up to 20’ in flood depth, elevation of building structures may not be feasible. For these areas, more extensive physical flood protection improvements to the levee protection system become necessary. Substantial engineering analysis is required (prepared by a licensed civil engineer) to confirm if the existing levee system is sufficient or if specified improvements are necessary to achieve 200-year protection. The project proponent is responsible for funding the City's commissioning of an independent panel of experts to peer review the civil engineer's report in conformance with the SB 5 standards.
If it is determined that 200-year levee protection improvements are feasible, a developer can choose to obtain permits from the respective flood control agencies and incrementally construct the improvements over a specified number of years. An SB 5 Finding (#3) of adequate progress can be made if incremental progress occurs on the improvements over a predetermined number of years. In summary, “Adequate Progress” (as defined in California Government Code § 65007 (a)), generally means the 1) total project scope, schedule and cost of the flood protection system improvements have been developed, 2) sufficient revenues to fund each year of the project schedule have been identified, 3) critical features of the flood protection system are under construction, and 4) the local flood management agency has annually submitted progress reports to the State Department of Water Resources and Central Valley Flood Protection Board. SB 5 regulation allows adequate progress to be used until the year 2025. By 2025, flood protection improvements are to be completed.
593
ATTACHMENT B
EXHIBIT 1
594
ATTACHMENT B
EXHIBIT 2
595
MAY 05, 2015
SAN JOAQUIN COUNTY AND CITY OF STOCKTON
REFINED CVFED 200-YEAR
1180 Iron Point Rd., Suite 260 FLOODPLAIN DEPTHS Folsom, CA 95630Phone: (916) 608-2212 Fax: (916) 608-2232
012 0.5
Miles N ATTACHMENT
1 inch = 1.5 miles &
Stockton 2035 General Plan Boundary
200-Year Floodplain Depth (ft)
0 - 1.00
1.01 - 2.00
2.01 - 3.00
3.01 - 5.00
5.01 - 10.00
> 10.01
$77$&+0(17&
Reclamation District 2042
- Bishop Tract
596
Reclamation District No. 2042
Bishop Tract
2024 Annual Progress Report
For Urban Level of Protection
July 9, 2024
Prepared for:
Reclamation District No. 2042 – Bishop Tract
and
City of Stockton
Prepared by:
Kjeldsen, Sinnock & Neudeck, Inc.
ATTACHMENT D 597
Reclamation District No. 2042 i 2024 Annual Progress Report Contents
Overview ....................................................................................................................................... 1 Project Improvements ................................................................................................................... 3 Project Cost .................................................................................................................................. 4 Project Schedule ........................................................................................................................... 4 Project Funding ............................................................................................................................. 6 Appendices
Appendix 1 – Conceptual Improvement Plans
Appendix 2 – Detailed Cost Estimate
Appendix 3 – Statement of Net Position (as of June 30, 2024) Appendix 4 – Budget (2024/2025)
ATTACHMENT D 598
Reclamation District No. 2042 1 2024 Annual Progress Report Overview
Reclamation District No. 2042 – Bishop Tract (RD 2042) has engaged Kjeldsen, Sinnock and Neudeck, Inc. (KSN) to prepare this document to support the demonstration of “adequate progress” toward the achievement of an Urban Level of Flood Protection (ULOP) within the RD 2042 basin. This document describes the steps that RD 2042 is taking to generate the local funding needed to advance and implement 200-Year levee improvements in accordance with the requirements of Senate Bill 5 (SB5).
RD 2042 is responsible for operating and maintaining the levee system and drainage facilities that provides flood protection for agricultural land, infrastructure, and urban development (comprised of residential and commercial). RD 2042 was formed in 1909, and currently encompasses an area of approximately 3,100 acres, surrounded by 8.0 miles of levee, all located within San Joaquin County. At the time of formation, RD 2042 originally consisted of nearly 2,200 acres. An annexation occurred in 1989 that extended the District’s eastern limits to Interstate 5 thereby adding just over 900 acres to RD 2042. Figure 1 shows the RD 2042 levees and boundary.
The levee system of RD 2042 currently provides a 100-year level of protection and is fully accredited by the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) as meeting the minimum certification criteria as outlined in Title 44, CFR, Section 65.10. FEMA maintains Flood Insurance Rate Maps (FIRMs) that delineate special flood hazard areas and assist lending institutions and federal agencies to determine whether flood insurance is required. RD 2042 is currently located on FIRM panel numbers 06077C0285F, 06077C0295F, 06077C0305F, and 06077C0315F.
With the passage of SB5, the State of California has established that a 200-year level of protection shall be the new standard for urban and urbanizing areas. The existing RD 2042 levees currently do not entirely meet the updated Urban Levee Design Criteria (ULDC) standards adopted by the Department of Water Resources. Accordingly, the City of Stockton as the local land use agency, in coordination with RD 2042, approved a 200-year ULOP adequate progress finding within the RD 2042 boundary in 2017. RD 2042 continues to provide annual progress reports to the City of Stockton, including this report.
On behalf of RD 2042, a team of Professional Engineers consisting of Peterson Brustad Inc. (PBI), KSN, and Kleinfelder has conducted an evaluation of the RD 2042 levee system in accordance with ULDC. The goal of the evaluation was to identify any deficiencies and countermeasures needed to comply with the State’s 200-year standards and to meet the requirements of making a ULOP finding for RD 2042’s levees for the City of Stockton. The purpose of this Annual Progress Report is to address the ULOP requirements for adequate progress:
1. Identify the geographic area which will have a ULOP once the improvements are completed.
2. Describe the scope, schedule, and cost of completing the flood protection improvements described in the Engineer’s Report.
3. Identify critical features of the system which are under construction.
4. Provide evidence that there are revenues sufficient to fund each year of the project improvements.
ATTACHMENT D 599
Reclamation District No. 2042 2 2024 Annual Progress Report Figure 1 - RD 2042 Levee and Boundary
ATTACHMENT D 600
Reclamation District No. 2042 3 2024 Annual Progress Report Project Improvements
In order for the RD 2042 levee system to meet ULDC, improvements are needed to several existing pipe penetrations. Pipe penetration rehabilitation is necessary at various locations, primarily due to deteriorated conditions. The improvements consist of reconstructing pipe penetrations that cross the levee by removing and replacing the portion of pipe through the levee prism and installing a positive closure device (i.e., gate valve). The new pipes will be installed above the Design Water Surface Elevation (DWSE). Conceptual improvement plans are included in Appendix 1. Locations of the pipe penetrations to be rehabilitated are shown on Figure 2 and listed in Table 1.
Figure 2 - Pipe Penetration Rehabilitation Locations
ATTACHMENT D 601
Reclamation District No. 2042 4 2024 Annual Progress Report Table 1 – Summary of Pipe Penetration Rehabilitations
Station
Pipe Diameter
(inches) Type Status
N 15+50 16 intake pending1
N 29+02 24 discharge remaining
N 29+07 24 discharge remaining
N 117+57 12 intake completed
N 137+81 16 intake completed
N 160+73 16 intake completed
N 177+38 16 intake underway
N 179+51 24 intake no work needed2
N 181+58 16 discharge completed
N 191+34 16 intake completed
N 195+72 48 inlet / outlet underway
S 18+82 12 intake completed
S 43+01 16 intake completed
S 83+49 16 intake completed
Project Cost
The total estimated cost associated with the pipe penetration rehabilitations was originally budgeted at $2,907,000 in 2017 dollars. This cost represents the total cost to obtain full ULDC compliance for the RD 2042 levee system. A summary of this cost is shown below in Table 2.
A more detailed breakdown of the project costs is included in Appendix 2.
Table 2 - Original Overall Project Cost (2017$)
Description Total Cost (2017$)
Construction $1,730,000
Soft Costs $692,000
20% Contingency $484,400
Total: $2,907,000
A summary of estimated costs and actual expenditures to date per pipe penetration rehabilitation is shown below in Table 3. An annual inflation escalator of 3% was used to estimate the costs in any given year. As such, the sum of estimated costs as shown in Table 3 is greater than the total shown in Table 2 which is based on 2017 dollars. 1 After further coordination with the landowner and farming tenant, the pipe penetration at Sta. N 15+50 will ultimately be removed and not replaced. It is currently used to provide irrigation water for agricultural uses. It will be phased out over the next several years at which time it will be removed. 2 Further investigation of the pipe penetration at Sta. N 179+51 has revealed that the pipe is newer and in much better condition that originally assessed. Therefore, no work is required for this pipe.
ATTACHMENT D 602
Reclamation District No. 2042 5 2024 Annual Progress Report Table 3 – Summary of Estimated Costs and Actual Project Expenditures Station Estimated Year Estimated Cost Actual Cost
N 15+50 2026 $187,000
N 29+02 2025-2026 $323,500
N 29+07 2025-2026 $323,500
N 117+57 2017 $117,600 $6,846
N 137+81 2017 $161,300 $54,941
N 160+73 2017 $161,300 $33,655
N 177+38 2024 $187,000
N 179+51 n/a $279,100 $0
N 181+58 2018 $166,200 $46,732
N 191+34 2018 $166,200 $58,555
N 195+72 2023-2025 $641,500
S 18+82 2021-2022 $132,400 $534,803
S 43+01 2021-2022 $181,600 $229,201
S 83+49 2019-2020 $176,300 $215,896
Project Schedule
It was originally anticipated that approximately two pipes would be rehabilitated each year over a seven-year time period. Currently, all rehabilitation work is expected to be completed by the end of 2026. Coordination efforts with the Reserve golf course will begin shortly for the pipe at Station N 177+38. Initial engineering, environmental compliance, and permitting are currently underway for the pipe at Station N 195+72. A project schedule is shown below in Table 4.
Table 4 - Project Schedule
Year
Station 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 N 15+50
N 29+02
N 29+07
N 117+57
N 137+81
N 160+73
N 177+38
N 179+51
N 181+58
N 191+34
N 195+72
S 18+82
S 43+01
S 83+49
Legend: Actual Progress to
Date
Estimated Remaining
Progress
ATTACHMENT D 603
Reclamation District No. 2042 6 2024 Annual Progress Report Project Funding
RD 2042 is the sole funding entity for the ULDC improvements. A current draft statement of net position that indicates balances for all RD 2042 funds is included in Appendix 3. As of June 30, 2024, there is a balance of $99,022 in the contingency fund, $2,288,493 in the maintenance and operations fund, and $776,164 in the ULDC fund.
As the sole funding entity, RD 2042 is responsible for funding the improvements. The primary source of revenue for RD 2042 is from the existing assessment district which generates approximately $500,000 per year. Other sources of income generate approximately $200,000 per year. A copy of this year’s RD 2042 draft budget is included in Appendix 4. In order to fund the improvements, RD 2042 created a ULDC fund at the beginning of the project. RD 2042 will generally transfer funds from the contingency fund and the maintenance and operations fund as well as reallocate a portion of excess budget funds previously directed to the contingency fund.
For fiscal year 2024/2025, this translates to using approximately $161,755 in excess budget funds to fund the eighth year of ULDC improvements in addition to the available, existing ULDC funds.
A cash flow analysis that demonstrates a feasible solution for implementation of the needed 200-year ULDC improvements is shown below in Table 5. Table 5 conservatively assumes that the ULDC fund will be funded each year from excess budget funds with the balance coming from the maintenance and operations fund and emergency contingency fund. It is expected that this table will be refined over time as the planning and development of the project progress over time.
ATTACHMENT D 604
Reclamation District No. 2042 7 2024 Annual Progress Report Table 5 - Cash Flow Analysis
Description 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Beginning Balance $0 $404,548 $351,410 $386,621 $389,517 $279,767 $746,584 $776,164 $769,280 $2,143 Revenues:
Excess Budget Funds $0 $52,149 $52,148 $130,641 ($3,135) $241,296 $55,806 $161,755 $130,000 $130,000 Transfer from Contingency Fund $500,000 $0 $0 $0 $0 $742,000 $0 $0 $0 $0 Transfer from Maintenance & Operations Fund $0 $0 $0 $0 $0 $250,000 $0 $0 $0 $204,096 Total Revenues $500,000 $52,149 $52,148 $130,641 ($3,135) $1,233,296 $55,806 $161,755 $130,000 $334,096 Expenditures:
ULDC Improvements $95,452 $105,287 $16,937 $127,745 $106,615 $766,479 $26,226 $168,639 $897,136 $336,239 Total Expenditures $95,452 $105,287 $16,937 $127,745 $106,615 $766,479 $26,226 $168,639 $897,136 $336,239 Ending Balance $404,548 $351,410 $386,621 $389,517 $279,767 $746,584 $776,164 $769,280 $2,143 $0
ATTACHMENT D
605
Reclamation District No. 2042
2024 Annual Progress Report
Appendix 1
Conceptual Improvement Plans
ATTACHMENT D 606
ATTACHMENT D 607
ATTACHMENT D 608
ATTACHMENT D 609
ATTACHMENT D 610
ATTACHMENT D 611
Reclamation District No. 2042
2024 Annual Progress Report
Appendix 2
Detailed Cost Estimate
ATTACHMENT D 612
RECLAMATION DISTRICT NO. 2042 - BISHOP TRACT
ULDC EVALUATION
STOCKTON, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Quantity Unit Unit Cost Total Cost
PROJECT NO. 13.1
PENETRATION REHABILITATION
Construction
1. Mobilization 3% $49,000
2. Erosion Control 3% $49,000
3. Reconstruct Existing 12" Pipe 2 EA $60,000 $120,000
4. Reconstruct Existing 16" Pipe 8 EA $80,000 $640,000
5. Reconstruct Existing 24" Pipe 3 EA $125,000 $375,000
6. Reconstruct Existing 48" Pipe 1 EA $200,000 $200,000
7. Air Release Valve 13 EA $2,000 $26,000
8. 12" Valve 2 EA $4,000 $8,000
9. 16" Valve 8 EA $8,500 $68,000
10. 24" Valve 3 EA $25,000 $75,000
11. 48" Valve 2 EA $60,000 $120,000
Subtotal: $1,730,000
Mangement / Environmental / Engineering
1. Administration 5% $86,500
2. Planning 3% $51,900
3. Environmental and Permitting 5% $86,500
4. Geotechnical Engineering 2% $34,600
5. Surveying and Civil Engineering 10% $173,000
6. Construction Management and Inspection 12% $207,600
7. Mitigation 3% $51,900
Subtotal: $640,100
SUBTOTAL: $2,422,000
$484,400
PROJECT TOTAL: $2,907,000
CONTINGENCY (20%):
Detail-Construction Page 1 of 1 Print Date: 2/2/2017
ATTACHMENT D 613
Reclamation District No. 2042
2024 Annual Progress Report
Appendix 3
Draft Statement of Net Position
(as of June 30, 2024)
ATTACHMENT D 614
Reclamation District No. 2042
Statement of Net Position
As of June 30, 2024
Jun 30, 24
ASSETS
Current Assets
Checking/Savings
1000 ꞏ Unrestricted Cash
1000-00 ꞏ Bank of Stockton - Checking 80,731.59
1010-00 ꞏ Bank of Stockton - Savings 49,246.82
1030-00 ꞏ SJC General Fd 53501 538,430.04
1035-00 ꞏ SJC Emerg. Contingency Fd 53511 99,021.64
1045-00 ꞏ SJC Maintenance & Ops. Fd 53594 2,288,493.48
1050-00 ꞏ SJC Urban Levee Design Fd 53596 776,163.95
Total 1000 ꞏ Unrestricted Cash 3,832,087.52
1050 ꞏ Restricted Cash
1020-00 ꞏ US Bank-205248000 (Mello-Roos) 0.11
1022-00 ꞏ US Bank-205248002 (Mello-Roos) 408,878.76
1040-00 ꞏ SJC Direct Assmt Fd 53575 (MR) 812,019.47
Total 1050 ꞏ Restricted Cash 1,220,898.34
Total Checking/Savings 5,052,985.86
Accounts Receivable
1100 ꞏ Accounts Receivable 5,918.13
Total Accounts Receivable 5,918.13
Other Current Assets
1300 ꞏ Prepaid Insurance 30,942.00
Total Other Current Assets 30,942.00
Total Current Assets 5,089,845.99
Fixed Assets
1070-00 ꞏ Capital Assets 9,164,641.00
1080-00 ꞏ Accumulated Depreciation -3,746,978.00
Total Fixed Assets 5,417,663.00
TOTAL ASSETS 10,507,508.99
LIABILITIES & NET POSITION
Liabilities
Current Liabilities
Accounts Payable
2000-00 ꞏ Accounts Payable 14,688.64
Total Accounts Payable 14,688.64
Other Current Liabilities
2200-00 ꞏ Payroll Liabilities 15.00
2210-00 ꞏ Accrued Payroll Lilabilities 2,353.30
2300-00 ꞏ Accrued Expenses 9,500.00
2300-10 ꞏ Interest Payable 33,725.68
2500-00 ꞏ Mello-Roos Bonds Payable 2,422,101.00
Total Other Current Liabilities 2,467,694.98
Total Current Liabilities 2,482,383.62
Total Liabilities 2,482,383.62
Net Position
3000-00 ꞏ Opening Balance Net Position 5,371,200.19
3010-00 ꞏ Net Position 2,167,070.81
Change in Net Position 486,854.37
Total Net Position 8,025,125.37
TOTAL LIABILITIES & NET POSITION 10,507,508.99
These financial statements have not been subject to an audit or review or compilation engagement, and no assurance has been provided on them. Page 1 of 1
Working Draft ATTACHMENT D 615
Reclamation District No. 2042
2024 Annual Progress Report
Appendix 4
Draft Budget (2024/2025)
ATTACHMENT D 616
Reclamation District No. 2042
Budget
July 2024 through June 2025
Working Draft Copy #1
General Administrative Mello-Roos TOTAL
Jul '24 - Jun 25 Jul '24 - Jun 25 Jul '24 - Jun 25
Revenue
4000-00 ꞏ Property Assessments 542,705.00 0.00 542,705.00 4005-00 ꞏ Mello-Roos Assessments (County) 0.00 420,000.00 420,000.00 4025-00 ꞏ State Assistance - Subventions 150,000.00 0.00 150,000.00 4050-00 ꞏ Interest Income
4050-05 ꞏ Interest Income - Bank Accounts 25.00 0.00 25.00 4050-10 ꞏ Interest Income - SJC Funds 50,000.00 10,000.00 60,000.00 4050-15 ꞏ Interest Income - Bond Funds 0.00 25.00 25.00 Total 4050-00 ꞏ Interest Income 50,025.00 10,025.00 60,050.00 Total Revenue 742,730.00 430,025.00 1,172,755.00
Expense
6020-00 ꞏ Dues & Subscriptions 675.00 0.00 675.00
6025-00 ꞏ Engineering 100,000.00 0.00 100,000.00
6050-00 ꞏ Insurance
6050-05 ꞏ Insurance - General 45,000.00 0.00 45,000.00
6050-10 ꞏ Insurance - Workers Comp. 10,000.00 0.00 10,000.00 Total 6050-00 ꞏ Insurance 55,000.00 0.00 55,000.00
6055-00 ꞏ Interest Expense 0.00 96,000.00 96,000.00
6060-00 ꞏ Legal & Accounting
6060-05 ꞏ Legal 20,000.00 0.00 20,000.00
6060-10 ꞏ Accounting - General 20,000.00 0.00 20,000.00 6060-12 ꞏ Accounting - Mello-Roos 0.00 5,000.00 5,000.00 6060-20 ꞏ Audit Fees 9,500.00 0.00 9,500.00
6060-30 ꞏ SJ County Accounting Charges 5,500.00 5,000.00 10,500.00 Total 6060-00 ꞏ Legal & Accounting 55,000.00 10,000.00 65,000.00 6065-00 ꞏ Levee Maintenance
6065-01 ꞏ Rock Slope Protection 25,000.00 0.00 25,000.00 6065-02 ꞏ Vegetation Control 35,000.00 0.00 35,000.00
6065-03 ꞏ Herbicide Control 15,000.00 0.00 15,000.00
6065-04 ꞏ Storm Damage Rill Repair 50,000.00 0.00 50,000.00 6065-05 ꞏ All Weather Road 25,000.00 0.00 25,000.00
6065-06 ꞏ Rodent Control 25,000.00 0.00 25,000.00
6065-07 ꞏ Encroachment/Debris 25,000.00 0.00 25,000.00
6065-08 ꞏ Toe Ditch Cleaning 50,000.00 0.00 50,000.00
6065-09 ꞏ Gate Repairs 10,000.00 0.00 10,000.00
Total 6065-00 ꞏ Levee Maintenance 260,000.00 0.00 260,000.00 6075-00 ꞏ Mello-Roos Administration 0.00 12,000.00 12,000.00 6081-00 ꞏ ULDC Expenses 200,300.00 0.00 200,300.00
6085-00 ꞏ Office Expense 500.00 0.00 500.00
6090-00 ꞏ Oil & Gas 250.00 0.00 250.00
6095-00 ꞏ Payroll Expenses 40,000.00 0.00 40,000.00
6100-00 ꞏ Permits, License & Other Fees 2,000.00 0.00 2,000.00 6110-00 ꞏ Property Taxes 1,550.00 0.00 1,550.00
6115-00 ꞏ Repairs & Maintenance
6115-10 ꞏ Repairs & Maint - Pumps 25,000.00 0.00 25,000.00 Total 6115-00 ꞏ Repairs & Maintenance 25,000.00 0.00 25,000.00 6122-00 ꞏ Storage 500.00 0.00 500.00
6130-00 ꞏ Tools & Supplies 500.00 0.00 500.00
6135-00 ꞏ Utilities 40,000.00 0.00 40,000.00
6200-00 ꞏ Debt Service - Principal 0.00 305,827.00 305,827.00 Total Expense 781,275.00 423,827.00 1,205,102.00
Change in Net Position -38,545.00 6,198.00 -32,347.00
Non-Cash Items:
6013-00 ꞏ Depreciation Expense 77,028.00 0.00 77,028.00 Working Draft ATTACHMENT D 617
City of Stockton
Legislation Text
File #: 24-1058, Version: 1
APPROVE A MOTION AUTHORIZING THE ALLOCATION OF FUNDS TO THE CITY OF
ESCALON FOR REPAIRS TO THE ESCALON LIBRARY
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager or designee to execute a Cooperative Agreement with the City of Escalon (“Escalon”) for repairs of the Escalon library in an amount not to exceed $304,427.
2. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this motion.
Summary
The City of Stockton operates the Stockton-San Joaquin County Public Library System (“Library”).
The Library received funding from the County of San Joaquin (“County”) to conduct repairs at the Escalon Library. The Community Services Department staff recommends entering into a new Cooperative Agreement with Escalon to perform or cause a third-party consultant to perform the needed repairs on Escalon’s behalf. The proposed cost of repairs is estimated at $304,427. This Agreement outlines the terms and conditions under which the City will allocate the available funds to Escalon to conduct repairs on the Escalon Library.
DISCUSSION
Background
The Escalon Library is owned by the City of Escalon and operated by the City of Stockton on behalf of the County. The library building requires repairs to address various structural and functional issues.
The County has awarded Stockton $304,427 for the repair project.
Present Situation
The Escalon Library is currently operational but needs significant repairs. This building requires repairs to the roof and the east-facing wall. Escalon has agreed to serve as the project manager for the work, including selecting a contractor based on the lowest bids received and managing the repair work.
Findings
The proposed repairs are necessary to address safety concerns, improve the library's functionality, City of Stockton Page 1 of 2 Printed on 11/14/2024
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File #: 24-1058, Version: 1
and enhance the user experience. The allocated funds are sufficient to cover the estimated costs of the project. The agreement includes provisions for project oversight, financial reporting, and potential adjustments if the project costs exceed the allocated funds.
FINANCIAL SUMMARY
Outside of staff time to project manage the effort, this is expected to be a fiscally neutral venture fully funded by the County. Escalon will return any unused amount to the City if the repairs cost less than the budgeted amount. Should the repairs ultimately cost more, the City and Escalon shall then discuss appropriate next steps, including but not limited to seeking additional funding from the County. There are sufficient funds in the Library Funds non-capital asset account in FY 2024-25 to cover the expenditure.
Attachment A - Escalon Library Repairs Draft Agreement
City of Stockton Page 2 of 2 Printed on 11/14/2024
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619
82108.00003\42680678.2
COOPERATIVE AGREEMENT BETWEEN
THE CITY OF ESCALON AND THE CITY OF STOCKTON FOR
REPAIRS TO THE ESCALON LIBRARY
This Agreement (“Agreement”) is made by and between the City of Stockton (“Stockton”) a municipal corporation of the State of California and the City of Escalon (“Escalon”), a municipal corporation of the State of California. The Agreement is made and entered into on _____________ and is effective according to the terms of the Agreement below.
Stockton and Escalon may be referred to collectively as “Parties” or in the singular as “Party” as the context requires.
WHEREAS, on February 8, 2011, Stockton and the County of San Joaquin (“County”) entered an Agreement for library services, the agreement attached hereto as Exhibit “A”; and
WHEREAS, Stockton, on behalf of the County, agrees to operate branch libraries, including the Escalon library, with the means at its disposal; and WHEREAS, Escalon is the owner of the Escalon Library building located at 1540 Second Street, Escalon, CA 95320; and
WHEREAS, the Escalon Library requires repairs as described and set forth in more detail in the Scope of Work in Exhibit “B” to this Agreement; and WHEREAS, on June 19, 2024, the County awarded Stockton Three Hundred and Four Thousand Four Hundred Twenty Seven dollars ($304,427) for the repairs of the Escalon Library; and
WHEREAS, the purpose of this Agreement outlines the terms and conditions under which Stockton will allocate these funds to Escalon to conduct repairs on the Escalon Library (“Project”); and
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises, covenants, and agreements herein contained, the Parties hereby agree as follows:
1. Term. This Agreement shall be effective as of the date first set forth above, and shall continue in effect until the all items of Exhibit B have been completed or two years, whichever is earlier, unless otherwise terminated as specified in this Agreement.
2. Agreement to Cooperate. The Parties acknowledge that they are entering into an agreement in which the cooperation of all of the Parties will be required, and may include the execution of necessary further documents. The Parties agree to cooperate in good faith with each other and review and submit timely documents for the benefit of the timely and cost-effective completion of the project.
3. Obligations of Escalon. If consistent with all applicable local, state, and federal laws and regulations, Escalon agrees as follows:
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ATTACHMENT A 620
82108.00003\42680678.2
1. Escalon agrees to perform (or shall cause a third-party consultant to perform on Escalon's behalf) the work described in Exhibit B. This includes the formal solicitation of the repair work.
2. Escalon shall consult with the City pertaining to the construction schedule.
Escalon shall notify the City at least thirty (30) days prior if any impacts would require the Escalon Library to be closed during construction.
3. Escalon shall provide a detailed report of the use of funds on or before March 1, 2025, with subsequent monthly updates through completion of the repairs.
4. If the repairs cannot be completed for any reason, Escalon shall notify Stockton in writing. The parties shall then discuss appropriate next steps, including, but not limited to, the allocation and reporting of any remaining funds.
5. If the repairs are completed for a cost under $304,427, Escalon shall reimburse Stockton for the difference. Stockton will report the return of these funds to the County.
6. If the required repairs may exceed the allotted $304,427, the parties shall then discuss appropriate next steps, including, but not limited to seeking additional funding from San Joaquin County.
4. Obligations of Stockton
1. Stockton agrees to appropriate a one-time payment to Escalon for one hundred percent (100%) of the $304,427 award.
5. Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. A written amendment executed by both parties may extend the term up to one (1) additional year.
6. Entire Agreement. This Agreement sets forth the entire agreement between the parties regarding the repairs at the Escalon Library. To the extent that any terms or provisions of this Agreement are inconsistent with the terms or provisions set forth in any existing agreement related to the repairs at Escalon Library, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency.
7. Mutual Indemnification. Each Party agrees to defend and hold harmless the other Party and their respective officers, directors, agents, employees, servants, and volunteers from any and all liability, judgments, expenses, including defense costs and legal fees, and claims for damages of any nature whatsoever, arising from or connected with the Parties’ activities under this Agreement. Notwithstanding the foregoing, neither party shall be liable for indemnification under this clause for Claims arising from the sole negligence or willful misconduct of the other party or its indemnitees.
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ATTACHMENT A 621
82108.00003\42680678.2
8. Notice. All notices, requests, demands, or other communications required or permitted under this Agreement shall be addressed as follows:
City of Stockton
425 N. El Dorado Street
Stockton, CA 95202
Attn: ____________
City of Escalon
2060 McHenry Ave
Escalon, CA 95320
Attn: ____________
9. Relationship of the Parties. Nothing contained in this Agreement shall be deemed or construed by the Parties or by any third person to create the relationship of principal and agent, or partnership or joint venture, or any association between the Parties, and none of the provisions contained in this Agreement or any act of the Parties shall be deemed to create any relationship other than as specified herein, nor shall this Agreement be construed, except as expressly provided herein, to authorize either Party to act as the agent for the other.
10. Controlling Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be set in San Joaquin County.
11. Authroity to Execute. Each person executing this Agreement represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this Agreement for or on behalf of the parties to this Agreement. Each Party represents and warrants to the other(s) that the execution and delivery of the Agreement and the performance of such Party’s obligations hereunder have been duly authorized.
12. Force Majeure. The failure of performance by either Party (except for payment obligations) hereunder shall not be deemed to be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor, railroad, or suppliers; acts of the other Party; acts or failure to act of any other public or governmental agency or entity (other than that acts or failure to act of the Parties); or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform or relief from default. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. Times of performance under this Cooperative Agreement may also be extended in writing by mutual agreement between the Parties.
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ATTACHMENT A 622
82108.00003\42680678.2
13. Assignment of Agreement. Neither Party may assign or transfer its respective rights or obligations under this Cooperative Agreement without the express written consent of the other Party. Any purported assignment or transfer by one Party without the express written consent of the other Party shall be null and void and of no force or effect.
14. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.
15. Termination: Either Escalon or Stockton can terminate this Agreement with sixty (60) days' written notice, with or without cause.
16. Warranties. In no event shall either Party be responsible or liable for the quality, suitability, operability or condition of any design or construction by the Project consultants or the Contractor, as applicable, and Escalon expressly disclaims any and all express or implied representations or warranties with respect thereto, including any warranties of suitability or fitness for use.
17. Counterparts. This Cooperative Agreement may be signed in counterparts, each of which shall constitute an original.
18. Electronically Transmitted Signatures; Electronic Signatures. A manually signed copy of this Cooperative Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement may be signed using an electronic signature.
19. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Cooperative Agreement as though fully set forth herein.
20. Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or understanding
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ATTACHMENT A 623
82108.00003\42680678.2
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IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the date set forth herein.
CITY OF ESCALON CITY OF STOCKTON
By:_______________ By: _____________________
Jaylen French Harry Black
Interim City Manager City Manager
ATTEST: ATTEST:
By:___________________ By: _____________________
[Name] Katherine Roland
[Title] Interim City Clerk
APPROVED AS TO FORM:
By:___________________ By: _____________________
Frank Splendorio LORI M. ASUNCION
City Attorney CITY ATTORNEY
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ATTACHMENT A 624
AGRlCU;MENT FOR LIBRARY SERVICB'.S
AllTHIS AGREEMENT is made and entered into this _, .f�?+f_· _' __ _ day of ,1..._.,,.Loc:L<.:<.,LL ..c .. i·---··· .. ' 2011, by and between the City of Stockton, a Cniifornia Municipal Corporation, hcreimrf\er designated "CITY," and County of San Joaquin, a political subdivision of the State of California, hereinafter designated "COUNTY,"
RECITALS
WHEREAS, the parties hereto desire to contract for the furnishing to all inhabitants of COUNTY, including residents of the cities therein, a uniform countywide free library service (hereinafter "County Free Librnry") as provided by Chapters 5 and 6 of Title 1, Divbion 1, Part 11, of the Education Code of the State of California, Sections l 8')00-19180, inclusive; and
WHEREAS, the parties believe l11at such services can be efficiently provided by utilizing existing Jhoilities of COUNTY and CITY, together with the use of existing branch focilitics outside of the contract city areas without the creation of cotmly-operated duplicnte establishments;
NOW, THEREFORE, for ,md in considerntion of the promise8 and of the mutual covenants contuined herein:
l, CITY agrees to operate branch libraries in the various parts of the County of San Joaquin wherever feas.ible with the means at its disposal, in order to supply the residents of the County of San Joaquin, in the territory within the County outside the corporate limits of Ll1e City of Stockton and the City of [,ocli (hereinafter "County Residents"), all library services and privileges offered to residents of CITY on the same terms and conditions and to the extent that the funds available wlll permit
2, COUNTY agrees to pay each month into the library fond of CITY, onetwelll:h (1/12) of its proportionate share of th� library operating budget, with payments to begin on July 31 of the fiscal year. COUN'I'Y and CITY shall each equally share the cost of all compensation, including salary and benefits, paid to the City Director responsible for
EXHIBIT A
AGREEMENT BETWEEN CITY OF STOCKTON AND COUNTY OF SAN JOAQUIN DRAFT
ATTACHMENT A 625
ovci'siglit of' llie l,il'imry l'arir lhc rcasonalilc tiinc slien( l)')/ llic C'ity r-)irector lierfonning m'iy eluties assc'+ciated witl':i tlic Lil'irary.
.'3. tt is expressly uridcrsl.oocl and agrce<'l liy C:ITY am.l CO[JNaT'Y tliiiC the following liroccdures Sllall l'ic ritilizeel faor dcterrriinii.tg arxd establishing thc Coi.in'i.y Frce Library cn'ii'iual operaling budgeL and brancli operatioris scrvices schethtles:
(a) fn A(.iril or earlicr cilac;'icli ycrir CO[fN"['Y sha11 nol.il'y C!TY of'rnonies :ivailable.trt'im (.'.(]JNT' ['or lil"irary i sciaviccs tor tl'ie next f-isc.ttl ycr'ir. Tlqis figure shall con'iprise (..:O'UN-f'Y'S liroportionatc slmrc of the. County Free I.,ibrmy ripemeions budBet. (l)) In Muy or carlicr o[a cach year CITY shall submit to COTJNTY its proposed Counly I-'re.e.l..,ibrary olierations Ixitlgct with a i:1etailed <lcscript.ion oftt'ie services availal*lc to COUNat"' ' bra.ncli riliemtions i based 111)011 avi:iiJrtlilc ['i.inding. Tl'ie allocatior'i of funding to cacli ('.'.O(JNI-Y hrancli lihrary will be develol':ied.joinll)i by tlic City Mmiager or tlesigncc i-csl:itinsib)e ';xir oversiglil. of tlic Lil:irary ancl tl'ie (.:ounly iSclministra.tor or his clesignce.
(c) Tii,AlirileircarlicrofeticJeiuaC:tTYsl'iallprovidcCOUNTYape.r Lirai'icli bt'cakdown ol' tl'ie rcvcraic pro.jccl:cd ror cach (.!aL'Y a'ird COUN'.l'Y brancb, the pr'opo:ied opercttions cc'ists m'id t=x):iendiUires projectcd ('or cach CJTY and (iX]JNTY lirancli, and the pr<>jcctcd cosls at'icl cxpcnditurcs xillocated to adn'iii'iistrative rive,rltcad or i'i'idirect cost'; taor cach C"[TY ant-l (-:O[JNl'Y' liranch (liereiniifLer "['rojccted I-'inanciitls"). 'V'i dministmLivc O'l?CI'llC;l(1" and "Intlirect Costs" shall l.)(' jointly tlef-ined iind adopted liy lhC ('.ity Dircc[or responsilile fcir rivcrsigt'it of tlic l,ilirmy m'i<l tlie C:riunty Atlminislrator Ola liis <lcsily,nce, and sliall bc sliccifically scC [orlli in thc (.:T.'r'Y's Pro.jcctcd Financi:ils. ((l) Cll'Y's proposecl li:nainay olicrations t.:iudgct, branch opcraiions services sclie<lules antl I)rt>jeclcrJ l"imincials shall be rcviewcd in stai"idarel manner by tl'ic (':ounty Atlniinistmtor's Of.fice, wlxicli sl'ittllmakei ts rccoinmet'idal:ions tt:i the County Board of SupcrvisorS.
(e) Thc I.yroposcrl librat)t operations burlgct, lirancli operal:ions services schcdules, arid I-rojcctcd l:inanc.ials shall bc finally fixcd and adop(ed by tlie Board of Supcrvisors
DRAFT
and l'l'ie Sioclcton C:ity C'ouncil prior to the slarl of tlie cnsuing fisc.al year, shall ATTACHMENT A 626
l"ie consirleiaed ii part ei['a tl'.is ,/'igreei'nent aS if sct foi'th in tull l'iereit'i and, cxccpl as o(ltcrwisc providcil l'iereiri, shall lie liin<ling (')11 tlie parties hcrcto. /l. Shouldcitt'icrC()UNl'Yor(:ITYfi'iilto[i.u'iditssl"iarcofll'ielibratycilierating +mdgct [aor l.l'ic: t-iscal year, all r.iutlcts ft.it'idcd laiy that liarly Sllall rcccive liudget redricticins proportionatc to tt'ie sharc of tl'iat liarly's [rintling for eacli ouClcl: ai"id io Ll'ie tol.al percei'itage. s)iorttall.
5. Any su'il"ilus funding to (l'ie library operating budget (licrciiaiitt'tcr "Fund Bcil:inee") shall bc spccil"ically accountctl [or arx<l dcmonstratcd .lS eithcr CITY or COtl'N'-.l'Y 1irolierry. z\tqi nicinics dcsiH';nal.eti as (=.,(XJN'T'Y Fund Biilance sl'iall only be used upcu'i llic cxprcss pcrmiss'ion oR.:(X.lN-[Y y'vlministralor or his rlcsigi'iee.
6. 1.)1.)oll recornnqendaii.on cif tttc (.':ity Managcr or designee res.poi'isiblc for ovcrsight of I:he Lilircuay and (hc Coi.inty Arli'ninistratoi' ota his designcc, C:OUNTY Iiranch lloL1l'S (")[" opcri.rfion s)ial1 l':ie elJfective cipon aliproval by (:'ITY Corn'icil ariri (-20UNT'Y Boord ol" Supci-viscirs i.tl lhe tx'ginuiug oC cric}i C'iscal year. Shou.ld CJTY seek to i'educe or modiF")o in :my inanrier tl:ie service l'iours tl"iitt it lias agrced to provide ai'iy ('.:O'[JNal-Y lirm'ic,l'i lbrary, iL inusi I-irst olitain tlie e:q.iress iipproyial of llie C:(')"[JNTY I3oartl or Si.ipervisors.
7. C.:OONI'Y sl"iull )':iavc tl'ic righl, at any 'retisonable tin-ic <huaing normcit l'illSiness hotirs, to ticcess, examine and makc col"iics o[' tl'ie lxioks, doc.uments, p:ipers arid records n'iaintait'ied liy eitlier par(y wifb i'espec( tci tlie servic.es proyided cuttlcr tl"iis agrccmcnt.
R.easonable notice sliall i'iica'r'i not less tltan ten (.10) busincss dayso atlvancc noticc.
N. Cial'Y sli all proyide CX')?)NTY qriartcrly Financial Rcports (lxereinafier "(.2utirterly Fiti*iiicial R.ept'irts") for each rif ll'ie CIaiY iu'it.l COUN'['Y bmncbcs and tl'ic Bot"ikmoliile sixl)t (60) <lays riftcr thc cnd ofa tbe quarter, beginning syith the first quarter of 2011. (C:Ia.lY s)'iall proyirlc thc Quarlerly .F"inancial l-'eports in llie .[aorn"iat set fortli at "Exhibit A" to tliis Agrccn'icnt.) =l'lie Ouarterly Fiiinric.ial Rcl:iorts liall specifically sct fortli (he: expcnscs for sci-vices allCl materials for eiicli (.:'.ITY and COUNTY brancli tind lbe }3oolcn" i cibilc by accounting linc ii:em. Hacli Quaiterly Financi:il Report sliall inch.ide an accoui'iting (.)f the admii'iistratiyc ovcrliead or indirect cosls (as de'finec'l iri thc Pro,.jcct.ed Financ.ials') actimlly allocated to eacli brai'icb 1111(l tlic f3oci]cinobile; and tlic adn'iinistn'itive DRAFT
3 ATTACHMENT A 627
<'iverlicad :ind ir'itlirt'.ct CoSLS (as dcl"inccf iri tltc Projected t"inancials) shall be scparately iicc.ounlctl [iir with Ll'ic ac.tual percentage chaiage to eacJurisclic.tion for cacli itci'i'i specifically sct fortl'i.
Anriually (.!TY sl'i;ill provide (.'.OtJNTY with tlqc CITY'S Comlirchcrisivc .Annual F;'inancial l"elicirt uJ.it]l completion. On or 'nel'ore Decemher 31 o[' each year,('.:n"Y shall makc a reliort to tlaie Coru'ity 1:'3oard o[ Supcrvisors conccrning tl"ie olieiaatirinal stati.is of tlic Stockton-San Joaquin County I)ublic I,ibrary ancl shall furnisli C,OkJNTY witli an Aimup.ilFirianciaH<.eportforthcprior.('iscalyear. TI'iefirstAi'iimalFinancialRepc'irlsl'iall Lie Jaota tlie fisci:tl year endingJune 30, 2012.
(a) 'l'hc Ai'ii'iual Financial Report SlThElll set fiirtli, without limiffition, tlic actual rc.ventic gcncraled, direct opcrating costs and cxpet'iditurcs (wl'ietl'icr ir.ic.urrerl I.iy a yipecific brancli, or alloc;'ited to tlie. System aS a 'l:'11010), direct a<li.'x'iitiistrmiye overl'iead, aml indirecl. costs alloci'il.cd tn eacl'i CJ'['Y and CX.-)t.JN'J'Y Lirancli, and the l'3ooki'noliile in llic [oiamat scl lacit'tli in l',xliilyil: A.
(l')) Tlie Firiai'icial Rcport sl'iall alsci incli.ule a deLi.tiltxl inventory ancl at.:counting, of it't'iy pririi, e.lectronic cir o[licr rcst'>i.nce(s) purchaserl for or on behal[ o.l: eac!'i CO[JNTY branch cluriiig llic prccedii'iB lisc:il yerir.
10. C:IT'Y sl'xall, on a quarLcrly 'l'iasis, provide C:OUNTY comprcheitsive ust'ige statistics taor cacl'i C.[arY IIIICI (20r.JNTY iirancli, inch.iding servic.e levels for those programs odministercd outsidc cit" acttit'il branc}'i l'ioiuas of ol':ieration. (Cn'Y sliail lirovirlc 1.)ic usagc s'Uitistics in (he fommt set I'orlli at ".F,xliibit B" t<i Ll"iis ,i'y)3reement.)
11. CIarY shall ).irovide C(.-)'[]NTY quarl.crly rc)'icirts itcmizirig i'ill lx')ol(S arnl ma(.cricils )'iurcliasecl !l".cir tlie lilxary systeiri. a['he reports sliall sct fortli tlic priccs paicl for tl'xe books ai'iel mi:itcririls ptrrclxase<1, a'm:l sliall specifically icle+iti§ tlie C:["t'Y or COlJNTY iirar'ich Ll'ial has or svill nssnn'ic possessiori of tlie L'iooks and materials acquired.
12.. C.OtJNTY may retain an external auditi'i'ig firrri to con<:luct a compre)'iensive audit tK C:TT'Y'S [ini.incinl arr<l compliance reconls maixitaiued iii cotmection with the ciperations ancl scrvices perforinerl ru'ider tt'iis agrcci'r'ierit. SIICII audit sl.iall be ci:inclucte:d rit (','OUNTY's sole exliensc not more than orice per .fiscal year. CITY agrees to provide the DRAFT
4 ATTACHMENT A 628
iuidiit.'ir(s) witl'i rcasonalilc aCCCSS to (','TTY's cmployccs and (o makc alJ snch financial, pe:ri"o'rn'iancc and cotnplitirice rccorls avi:iilablc to the aueli(or(s).
U. C'[TY 1-laS solc iliscrel.irin to detcmiine tl'irise n'iaterials to tic withdrr.twn froi'n thc Librai'y collection. '[nJune or earlicr of each year, CITY shall provicle (:0(lNl"Y a cciirilirel'iensivc iternized scliedule of books, materials, coinputer equipment birid cipcratit'ii'ial soitware/systen'is it has desiBnatcd for reimival rrom ti"ic library collection. lzL It is expressly understood am"l agreed by and lyetwee:i'i tt'ie partics bcrel'o that all lxioks, newspape.ia fHes and other liLimry i.'rirtierials pruacbascd prior to July 1, 2011 and lisletl in l'lte in\ienl.cii.y o[ C.Ia["Y L'iranclies, are llie prcilita'Ly cil'C:rTY. All boolcs 21I1C1 lii:irar)i matcrials pnrc.h:ise.d prior R:iJuly 1, 2011 and listed in the invenlory oflliei Ci>ui'iLy branclies are ti'ic prolierty rif CO'(JN'l-'Y'. Frc'im July 1, 2.011 [or ll'l(' lifc o[' this ,%reemenl n'iaterials budgets eor tl'ic CO'UNT'Y and ['or the CTTY siiall bc n"iaintained sel:iarale froin one anollicr. ['llll(IS Iiroyiided by e.itherjurisdiction sliall be restricted solely l.'or the pxircliase otamatcrials for l'iiaanc)i lbrarics wiihin tl'iatjurisdiction.
15. It is cxpressly cinclcrstood ant:l tigreed by and bctwccn tl'ie partics liereto tl'iat (jJ'I Y riwns ciny/all conilmlcr cquip.ineut all(:l operational so.t'twarc/systen'is, purchascd with CTI-Y ("ciritb involved iii tlic necessiiry tJaily opera[:iem oi" Lhe LiL>rary, lyolb in CJarY' and C:C)UNTY branchcs. CO{JNTY' sl'ipill bc l'+rovidc<.1 acccss lo tlie services o[fered by aukirmilion tl'irougl'i tl'iis Ag,rccrrtcrxt. Con'ip'i:itcr cqttipincnt ptirchasc.d with C:OUNTY fiit'icls sl-iall be lhe I:irolierty ofC:O(.lNTY.
16. Tl'iis ,i'igrcei'itent' sl'iall :mtomatically renew onJuly l o[' cach >icar JJor a onc itcar tei'm. L:ither piirty l'ias thc rigl"it to tcrminalc tl'iis ,Agrcenxci'it ripon six (6) montl':is Iirior wrillcn notice, y'vi!ti effeclive termixiation da(e i.it tbe erid (.).1' tlie six (6) inontl'i notice. pcrio<L
17. -[t is fnr(:lier agreed l'ietwceii el'ie Iiarties lierel:o ttiai ariy and all tiries collcctcd by the libraries, regar<{lcss of locatioi'i, shall Lie shnred liroportiorially by CITY and COUN'laY in the samc percentage as library circulation. COUNTY'S share of fiTll:'S collectcd dt.'iririg cacli iiscal year sl'iall be paid to COUN'T'Y ori or Lie[ore Decembcr 31, following tlie end of each.ascal year and sball become tl"ie propciaty of COUNTY.
18. Titlc ], Claraptcr 1.5, r'art 11, Scctions 18010- 18031 of the Education Ctxle DRAFT
5 ATTACHMENT A 629
Inaovide.s L"or a "f'oundalinn ):'irogram" (aor support rif priblic lil:ira.rits in Calif:ori'iia. Under lliis lii'ogran'i, local re've.nues WOIII(l pay for 9()[%i of l)-ic pi'ogrtim and Statc revenucs woui<l iay f6r lhe rcmi'iining 10%. ff in any IHscal ycar local revenues total less than 90'%i of the foundation program, tlie State allocation for tliat fiscal year sl'iall be reduccd propc' +rtionatciy. Tll order for a priblic lilirar>i '[o receive State fiimts i.inder this act, thc total iin'iormt of local rcveirues apliroprialed for liulilic library seravice sl'iall )C txlual to al. Ieast the toii;il an'iount oF local reveimes al':il:iropi.aiatcd for the pulylic. lil:'irary in the previous fiscal )iear (l-:drical:ioi'i (.:ode sectiori .l802.5[dl). IF boL3jurisdictioris mcet the requirements f"or local apl:irol'iriatiori", llie resultirig Statc fiu'itls shall be divideel iiiscd upon )iricir ycar circrihitiou a.iyrl sha.l] be LISC(l to fiu':id Jibrary sc'i-vii::es for tl'ie.juristliction e:'rrning thein. Sliould [aunding l"or Cla[Y or COtJNT'' i'a'il 1(') i meet loc.al lier capita apla+ropraiation requiremcnts, that jiiristliction's rcceilil. o[ Sl:Fll.C ['tincling shall l'ie rerlucerl iiaopor(iomite.ly.
19. CITY sliall inrlemni.("y, dc(aend, ai"id l'lOl(I l'iarn'ilcss (.:OUNTY, ils nft-iccrs, agcnts, anrl en'iployccs, [roin ari)i c.lairi'i. e.:<pcnsc, lii.ibility, c'ir ptiy.n'icnt for all:Y injui-y or dmnage to any perscin or l'irolierly (o thc cxLent ccuisei:i by C'.!'.["Y's willi'ul tniscomluct or negligcnt licrfori-iii.ug.ce of its <lutics paxrsriant to this z'ygrecme,n(. C.:0'(n'4TY shall intlclnl-iify, eletuncl, am'] l'lOl(I hcnmless C:Ia)-Y, its ofl'iecrs, agents, anrl en'iployccs, (rol'r'i Fllal7 Cl21llll, eXl.)eilSC, llnbll!t' )", Ola pcl)"lllCll( fOla all'} II;llll:'y' Ola <lamage tO al'l'{ 1')t21:S(11] 01' prolierty at (he "l'horriton Brcirtc.h 'Library or at any otber COUNT'Y owned library facility to ll'ic extcn( caused liy (.'.:OlJN'.[Y's willfaul iniscoiiduct or negligcnt perforinance of its dritics puu'sum'it to tl'iis yS.grecmci'it.
2('). CJTY is sclf:insurcd t'rir (ie.r'ieral Lii:ibility/,tSaiLomobile r,i;.tbilily, ii'icluding l'ioelily inj'iny, lirt:ipcrty dainage, and worker's compcnsation, in cxcess rif one million tlollars (.%'l,000)000.00). Alxwe iCs se:H: -inst.u'cd rctcntiori, C.'ity ofSLock(on is tt meir.iL'ier of Califomia.'roint Pot:vers Risk Mt'inage.n'ient A'i'it}iority. CITY shall pmvidc tl':iirty (30) days written iiotice l.(') COUNTY prior to canceling or chan@ing tlre terms o[ such C.OVerage.
21. In corijui'iction wil.h tlie matters statetl k.iercin, Ihis Agrecutent ct"intains the en(ire uridcrstanding of tiie parties aml tbere l':iave beei'i 110 I:naoinises, reprcsentations, DRAFT
6 ATTACHMENT A 630
agreemcnts, }ValTallt!08 01' llll(lel'fakll'll5('S b'/ illl)' Oj- tlie }a)alJfieS, eltllCr Oral (X Wrluel'l, Ot FIIIY char;'ir:l'er or riiiture iierca[lcr Iiindin)'< except as set fortl'i hcrcin. Il'tis Agreemcnl. inay bc altercd, arncndcd or i"itodif'?cd oi'ily liy an inslruinent in wril.ing, executcd by he parLics to tliis ,r'i greemeni. rmd by Ilo ri(hei" mcaxis. Hach party waives its right to claim, contest or asscrt tltal. this zlgret:mer'it was modified, ci'inceled, supcrseded, or cl'ipit'iged liy oral agree:inents, ccmrse ot-'ccinc'lucl waivcr or cstoppel.
22. The paities heret.o acknowledge and agrcc tl"iat thc terms ri[ this Agrcement i.'hrc corilracti.ial a i i'irl agrcc that tl'ie Agreei'riem Sll all bc goyerne<l by and intetpreteel in accordancc witl'i thc laws t.+ta (he State of C.:alifornia. Any legal actionrelating tri tliis Agreemertt sliall I:ic brobigl'il i'i tlic C:ounty rif San.'roaquiri, State o'taCaliRirnia.. 21 Sl'iould F11l}) liari, fert'i'i or l"iro'vision o(' this Agreeincnt be. decided liy tu'iy court ol- coml.ietentjmisdiction l:O bc illegal or in conflicl ivith any laS:V of tl'ic Stal.e ot' Califomia, or citlierwise i'endcrctl i.incnfiyrceatile cir inefrectual, tl'ie vitlidity oFthe ren'iaixiing portions or )irovisicms Sllall t'iot be affaecled tl'ict-cl:iy.
I:24. Thc parties hereby renci'intce lhc existencc olJiuiy third licirty t':iene.ficiary to tliis Agrccment and agrce Ihi'it xiotliii"iB contained lierein sliall l)(' cot'islrued as giying any nll'iei' person or entify l.hird pai-ty t'icric.t-iciary statns.
25. Any i'iritice, tende.r, de.livcry, or requcsts for Iiayt'i'xenl. to 1)C gi'vet:i to any )"iarty lie.rcin in connct'Jion witli tliis C'ontract may l)C effect.ed liy ):iersonal dclivery, in wri(ing or Liy i"i'iail, <u'id shall l)(' dccmci:l con'iirrunicatetl aS or tlic date of :icti.ii'il rcceipt.
Mailed ut:+ticcs slioll hc aclc1rcsscrl tis :iet f'nrlli 1:ielo'vv:
To CTI-' iy: City iS,z[anitgcr
C.:iUy ci[ Stock.ton
425 N. El I)ormlo Strcc(:
St.ock.Con, CA 952(')2
To COUNT'Y: (','ounty Adn'iinistrator
County of San Joaquin
44 N. Sari Joci<)turi Sfreet, - Suite 640
Stockton, CA 952,02
DRAFT
7 ATTACHMENT A 631
26. txailui'c (o insist rilxin slric( compliancc witli ruiy tcrn"is, covcnants rir ctindilitins oftlie Agrccincnt sl-iall not be eieemed :i ivaivcr ot"such, mita s;lmll iiny waivcr or relinc)uishmcnt ol" sucli rigl"il tir liowcr at any tirne bc taken to be a yvaiiier ol" iti'i)i ol)icr brcacl' i .
'.7. Ilte uridcrsigncd ltcrcli)i reliresent and wai'rant lliat th<:y ;.uae autt'iiiriy.cd by }N 'vVITNESS 'iVTI'EREOI:, tlic pailics have executed ll'iis Agreeinenl tci bc cffectivc i'is Ol" tlic date cxeculed liy ('O{JNTY.
('("))l',IIY Ol' SAN.I()i 'yQUlN - ('.'ITY OF STOC'KTON Bcmrd oF Superi.oisors
x46is I)]:<IS
C.'.ily Mm'iiigcr
=COt)NT'i' "CITY'-
ATIIESIIO: lOtS M. S'A[lYO[JN
('lcrk ollhc 13oard c>foSul'iervisors
o)" tlie Cot.nily or SanJoaquin,
State o[aC.'iililaornitt
/S.l)[)ROVI':I') ./'=S TO FORM
#eT, )TEC-SkJ=lr":,,KA'['l[EI<'LNt', l A/flEISSNER
County (.'.:ounscl C:ity Attorncy
DRAFT
8 ATTACHMENT A 632
__....--.......
me nOLOGY
SUPERIOR ROOFING & UNOERLAYMENT SYSTEMS
::,,nee 1983
City Of Escalon
Escalon Branch Library
1540 2
nd St
Escalon CA
188 S. Teilman Ave. Fresno, CA 93706-995
Pl 559-776-4827 www.mbtechnology.com
Pagel
EXHIBIT B
SCOPE OF WORK
DRAFT
ATTACHMENT A 633
DRAFT
ATTACHMENT A 634
DRAFT
ATTACHMENT A 635
DRAFT
ATTACHMENT A 636
DRAFT
ATTACHMENT A 637
City of Stockton
Legislation Text
File #: 24-0842, Version: 1
RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF PUBLIC RIGHTSOF-WAY AT 5150 ARCH ROAD
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1) Authorizing the summary vacation of a portion of the public rights-of-way at 5150 Arch Road; 2) Authorizing the filing of a Notice of Exemption No. 22-23 under the California Environmental Quality Act for the vacation of a portion of the public rights-of-way at 5150 Arch Road; and 3) Authorizing the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
The applicant, First Industrial LP, is requesting the vacation of a portion of right-of-way located at 5150 Arch Road. Fee title to the vacated area is owned by First Industrial LP.
DISCUSSION
Background
First Industrial LP owns the real property at 5150 Arch Road, which is being developed for a logistics warehouse known as Arch Town Industrial. The proposed vacation areas are located along the northern boundary of APN 181-110-27, adjacent to the existing right-of-way along Arch Road (Attachment A - Vicinity Map & Attachment B - Aerial Map).
Present Situation
The proposed areas to be vacated consists of a combined 4,490 square feet of right-of-way. The proposed areas to be vacated has not been constructed to serve right-of-way purposes, and a subsequent dedication for right-of-way will be taking place to serve the site. The Public Works, Community Development, Municipal Utilities, Police and Fire Departments, as well as local utilities, were notified of the proposed vacation at this site, and no objections were received.
The City may perform this summary vacation of public rights-of-way under Division 9, Part 3, section 8331, & 8334(a), et. seq., of the California Streets and Highway Code, and a public hearing is not required. Pursuant to section 8331, a public hearing is not required when a street or highway has been impassable for vehicular travel for at least five consecutive years and no public money was City of Stockton Page 1 of 2 Printed on 11/14/2024
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File #: 24-0842, Version: 1
expended for maintenance on the street or highway during such period.
Additionally, pursuant to section 8334(a), excess right-of-way of a street that is not required for street or highway purposes may be summarily vacated.
The portion of the public rights-of-way being proposed for vacation is undeveloped and has been impassible to vehicles for five consecutive years, no City funds have been spent for maintenance on the vacation areas, and the excess rights-of-way are not required for street purposes.
The Public Works Department concurs with the proposed vacation of a portion of the public rights-ofway at 5150 Arch Road.
It is recommended that the City Council approve the proposed resolution vacating the 4,490 square feet of rights-of-way on the portion of Arch Road.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is Categorically Exempt under California Environmental Quality Act (CEQA) guidelines and is granted a “general rule exemption” under Section(s): 15061(B)(3) since there is no possibility that the activity in question would have significant effect on the environment, and the activity is not subject to CEQA.
In accordance with Section 65402 of the Government Code, it has been determined that the project is in conformance with the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, First Industrial LP, has paid the necessary fees to process the proposed vacation.
There is no negative financial impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map
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City of Stockton, CA September 19, 2024
VICINI TY MAP - ARCH TOWN INDUST RIAL
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.
Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.
Critical layout or measurement
activities should not be done using
this resource.
1" = 228.97891702373525 ft
ATTACHMENT A
Proposed
Abandonment areas
640
City of Stockton, CA September 19, 2024
AERIAL MAP - ARCH TOWN INDUST RIAL
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.
Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.
Critical layout or measurement
activities should not be done using
this resource.
1" = 228.97891702373525 ft
ATTACHMENT B
Proposed
Abandonment areas
641
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF
PUBLIC RIGHT-OF-WAY AT ARCH ROAD
The proposed vacation (abandonment) is located on a portion of Arch Road, as described in Exhibit A (Exhibit 1 & 2), attached and incorporated by reference, and shown in Exhibit B (Exhibit 1 & 2), attached and incorporated by reference; and First Industrial LP, the property owner, is requesting the vacation of a portion of right-of-way, which is being developed for a logistics warehouse known as Arch Town Industrial; and
The City may perform a summary vacation under Division 9, Part 3, sections 8331 & 8334(a), et seq., of the California Streets and Highway Code and a public hearing is not required when the area has been impassable for vehicular travel for at least five (5) years and no public money was expended for maintenance during such period; and an excess right-of-way of a street or highway not required for street or highway purposes; and
All City Departments and local utilities were notified and provided an opportunity to object to the proposed vacation if it were to negatively impact departmental or agency functions; and
There were no objections to the proposed vacation; and
The Community Development Department has determined that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “Categorical Exemption” per CEQA Guidelines by section 15061(b)(3); now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. This action is taken pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code sections 8331 & 8334(a), et seq., the Summary Vacation Procedure of the Public Streets, Highways, and Service Easements Vacation Law.
2. All City Departments and local utilities were notified and there were no objections to the proposed vacation.
3. The subject property meets the criteria set forth in the Streets and Highways Code section 8331, provided below in relevant parts:
642
“The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period.” Code section 8334(a), in relevant parts, provides that:
“The legislative body of a local agency may summarily vacate any of the following: (a) An excess right-of-way of a street or highway not required for street or highway purposes.”
4. The proposed vacation conforms with both Code sections 8331 and 8334(a), in that the area has been impassable for vehicular travel for five consecutive years, no public money was expended for maintenance on the vacation areas, and the excess rights-of-way are not required for street or highway purposes.
5. The City Council hereby authorizes that the public rights-of-way located on a portion of Arch Road, more particularly described in Exhibit 1 and Exhibit 2, attached hereto, and incorporated by this reference, is hereby declared to be vacated by this order and no longer constitutes a street or highway as of the date this resolution is recorded.
6. That the City Manager is authorized to approve the filing of Notice of Exemption No. 22-23 under CEQA, a copy of which is attached as Exhibit 3 and incorporated by this reference.
7. In accordance with section 65402 of the Government Code, this project/activity conforms to the City’s General Plan Policy Document, as amended.
8. First Industrial, LP, has paid the necessary fees to process this vacation.
9. It is found and determined that the subject property meets the criteria set forth in Streets and Highway Code section 8355, where after vacation, it is no longer needed by the public and may be disposed of as set forth herein. //
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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 19, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
644
EXHIBIT 1 645
EXHIBIT 1
646
EXHIBIT 2 647
EXHIBIT 2
648
MEMORANDUM
May 11, 2023
TO: Amanda Thomas, Real Property Agent
Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJECT: CEQA NOE 22-23 – RIGHT OF WAY ABANDONMENT
The Community Development Department received a request to review the above-referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). The Applicant, First Industrial LP, is proposing to abandon right-of-way at 5150 Arch Road. See attachment A for specific location.
In accordance with Government Code §65402, the Community Development Department determines the project is in conformance with the Stockton General Plan. This determination is based on, but not limited to, conformance with General Plan Policy, LU-6.3 (Land Use) stating, “Ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs.”
Concerning the California Environmental Quality Act (CEQA) determination, the Community Development Department concludes the project is Categorically Exempt under CEQA Guidelines and is granted a ‘general rule exemption’ under Section 15061(B)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is no subject to CEQA. The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.
Upon approval by City Council, the Economic Development Department is advised to complete the attached Notice of Exemption (Attachment B) and file it with the San Joaquin County Clerk Office to initiate a 35-day statute of limitations on court challenges. Please retain a copy of the original posted notice within the project file in the Economic Development Department project file.
By:
Nicole D. Moore, LEED-AP, Contract Planner
Attachments
Attachment A: Request and Project Location
Attachment B: Draft Notice of Exemption
EXHIBIT 3 649
MEMORANDUM
May 10, 2023
TO: Nicole Moore, Contract Planner
Community Development Department
FROM: Amanda Thomas, Real Property Agent II
Economic Development Department
SUBJECT: RIGHT OF WAY - ABANDONMENT
Please provide the appropriate environmental review for the above-referenced project as described below:
Project Title:
Applicant:
Descri ptio n/Locatio n:
5150 Arch Road (Arch Road Industrial)
Right of Way Abandonment
First Industrial LP
5150 Arch Road
Also, please make the required determination as to conformity to the General Plan in accordance with Section 65402 of the Government Code. If you have questions regarding this request, please direct them to me at extension 7569.
AMANDA THOMAS
REAL PROPERTY AGENT
Attachment
EXHIBIT 3 650
EXHIBIT 3 651
EXHIBIT 3
652
EXHIBIT 3 653
EXHIBIT 3
654
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Economic Development Dept.
Stockton, CA 95202 400 E. Main St., 4th Floor
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: RIGHT OF WAY ABANDONMENT
CEQA Exemption File No.: NOE 22-23
Applicant: First Industrial LP
Project Description/Location: The Applicant, First Industrial LP, is proposing to abandon right-of-way at 5150 Arch Road.
See attachment A for specific location.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
X The activity is exempt under the "general rule" at CEQA Guidelines Section 15061(B)(3).
The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
CARRIE WRIGHT, DIRECTOR May 11, 2023
ECONOMIC DEVELOPENT DEPARTMENT (DATE OF PREPARATION)
By
AMANDA THOMAS, REAL PROPERT AGENT (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 3 655
City of Stockton
Legislation Text
File #: 24-1061, Version: 1
APPROVE RESOLUTION TO ESTABLISH A NEW UNCLASSIFIED/REPRESENTED
CLASSIFICATION SPECIFICATION OF QUALITY ASSURANCE-QUALITY CONTROL OFFICER
FOR THE STOCKTON MUNICIPAL UTILITIES DEPARTMENT AND APPROVE THE PROPOSED
SALARY RANGE
RECOMMENDATION
It is recommended that the City Council adopt a resolution establishing a new unclassified/represented position of Quality Assurance-Quality Control (QA/QC) Officer for the Stockton Municipal Utilities Department (MUD) and assign the salary range.
Summary
City Council is being asked to establish the proposed new single-incumbent classification titled QA/QC Officer and the proposed salary range. This position allocation was submitted and approved by City Council in the FY 2023-24 Adopted Annual Budget and will be incorporated into the budget for FY 2024-25.
DISCUSSION
Background
MUD requested that Human Resources (HR) create a new QA/QC Officer classification and recommend an appropriate pay structure. Establishing a new QA/QC Officer position will assist MUD with hiring a well-qualified employee to oversee the Laboratory section’s adherence to the new standards adopted by the State Water Resources Control Board. The NELAC Institute (TNI) requires that this quality manager serve as the focal point for QA/QC as follows:
· Ensure QA oversight functions are independent from daily laboratory operations · Evaluate data objectively and perform assessments without outside influence · Arrange for or conduct internal audits annually
· Notify laboratory management of deficiencies in the quality system and monitor corrective actions
Classification
The proposed new QA/QC Officer classification is a single-incumbent position that will reside within the Municipal Utilities Department’s (MUD) Laboratory section of the Wastewater Utility division and will report to the Deputy MUD Director of Wastewater. If approved, the QA/QC Officer classification will be excluded from the Civil Service system and placed in the Water Supervisory/MUD bargaining unit. In addition, the classification will be exempt under the Fair Labor Standards Act.
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File #: 24-1061, Version: 1
Salary
HR staff completed an external market survey as well as an internal equity evaluation. Based on analysis of the information collected, staff recommends the following base annual salary by step as documented below:
*Classification does not currently exist on the salary schedule
FINANCIAL SUMMARY
The table below reflects the FY2024-25 annual salary and benefit cost of the proposed Quality Assurance/Quality Control Officer classification at each step. *Classification does not currently exist on the salary schedule City of Stockton Page 2 of 2 Printed on 11/14/2024
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO CREATE A NEW UNCLASSIFIED/REPRESENTED CLASS
SPECIFICATION QUALITY ASSURANCE-QUALITY CONTROL OFFICER FOR THE
MUNICIPAL UTILITIES DEPARTMENT AND APPROVE THE PROPOSED SALARY RANGE
It is necessary to establish a new classification of Quality Assurance-Quality Control (QA/QC) Officer to provide oversight of the Municipal Utilities Department’s laboratory adherence to the new standards adopted by the State Water Resources Control Board; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The new unclassified/represented class specification of QA/QC Officer is hereby created with the salary approved as follows:
JOB CLASSIFICATION
FY2024-25 BASE ANNUAL SALARY BY STEP
Step 1 Step 2 Step 3 Step 4 Step 5
Quality Assurance/Quality
Control Officer $85,657.68 $90,165.84 $94,911.48 $99,906.84 $105,165.12
2. The Director of Human Resources is hereby directed to prepare the appropriate class specification in accordance with Section 2.36.080 of the Stockton Municipal Code.
3. The City Manager is hereby authorized and directed to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED November 19, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
658
City of Stockton
Legislation Text
File #: 24-1000, Version: 1
AUTHORIZE THE PURCHASE OF MOTOROLA RADIOS FOR NEW AND EXPANDED
PROGRAMS UTILIZING THE COOPERATIVE PURCHASING AGREEMENT WITH THE HOUSTON -GALVESTON AREA COUNCIL
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the use of the Cooperative/Piggyback Purchase Agreement with Houston-Galveston Area Council (H-GAC) and the Motorola Solutions Inc. Communications System and Services Agreement for the purchase of Motorola radios for new and expanded department program additions, estimated at $216,918 (Attachment A) for initial purchases and an additional $36,000 contingency for a total contract amount of $252,918;
2. Authorize the City Manager to exercise available options to extend the term of the Agreement by written amendment, not to go beyond the term stated in the COOP fully executed amendment;
3. Approve findings pursuant to Stockton Municipal Code 3.68.070 that support and justify an exception to the competitive bidding process; and
4. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Summary
Four departments use radio equipment as the primary source for mission critical communication:
Police (PD), Fire (FD), Municipal Utilities (MUD), and Public Works (PW). The Information Technology (IT) Department is responsible for the administration of the City's radio system licensing, infrastructure, subscriber units (portable and mobile radios), and maintenance.
This is a renewal contract for additional purchases of radios for new or expanded program objectives, resulting in an increase to the City's total inventory. Approving this contract provides discounted rates for citywide purchases, streamlines the process for both the vendor and the City, and increases the transparency of radio program expansion at a citywide level through a single contract.
The total expenditure authority requested is for an estimated amount of $252,918 through FY 2024-
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File #: 24-1000, Version: 1
DISCUSSION
Background
The City owns and operates a private radio communication system utilized by PD, FD, MUD and PW.
The primary function of this system is for public safety communication, ensuring Police Officers and Firefighters have radio communication capabilities among individuals, vehicles, and dispatch/command centers.
The City has utilized Motorola radio equipment to support Public Safety for over 30 years. Motorola Solutions offers exclusive options and features that our first responders must have to ensure their safety. As part of the overall radio system, the City maintains nearly 1,600 subscriber radios, including portable (handheld or worn by the employee) and mobile radios (installed in vehicles).
The IT Department manages the City of Stockton's radio program, per City Administrative Directive
14.03. Management of the program consists of the administration of the City's radio system licensing, infrastructure, subscriber units (portable and mobile radios), and maintenance.
The IT Department recently implemented an annual request process for new and expanded radio programs to streamline processes, provide discounted rates, and increase transparency of radio program expansion at a citywide level through a single contract. Impacted departments provided estimates of additional radios needed above the already established radio count (see Table 1), from now until June 30, 2025.
Table 1: Established Radio Count
Description Units
Portable radios 1,014
Mobile radios 617
Total Units 1,631
Departments are responsible for providing a funding source for the initial purchase, after which new radios are added to the IT Department's managed replacement lifecycle and to the rate recovery process managed through the Technology Internal Service Fund.
This request from the departments will be repeated annually going forward. This additional planning will allow the City to create efficiencies for radio-user departments and provide transparency for total program growth.
Present Situation
Radio-user departments are requesting additional radios for new and expanded program objectives which will result in an increase to the City's total radio inventory and IT-managed lifecycle replacement program (see Table 2), for an estimated additional cost of $252,918.
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File #: 24-1000, Version: 1
Table 2 - Additional Radios Requested through FY 2024-25 Dept. Description Proposed Accounts FY 2024-25 Total
PD 30 Mobile Radios 3514-323-650008-260-262-
20-35-000-000-
$216,918 $216,918
Contingency $36,000 $36,000
TOTAL $252,918 $252,918
PD requests 30 mobile radios needed for newly purchased vehicles, two Watch Commander Vehicles, and two Explosive Ordnance Disposal Vehicles.
FD, MUD and PW do not have any current requests.
The IT Department further recommends a small contingency as shown in Table 2 above to accommodate configuration and other changes. A total purchase authority for additional Motorola radios in the amount of $252,918 is requested through FY 2024-25.
Findings
Stockton Municipal Code section 3.68.070 provides for an exception to the competitive bidding requirement in those cases where facts exist that support and justify the exception. Specifically, paragraph 5 of subdivision A of section 3.68.070 provides for an exception for those contracts where the City accesses the terms of a competitively bid and negotiated cooperative purchasing agreement.
Below are proposed findings which, if adopted by Council, constitute sufficient grounds for making such an exception:
1. The HGAC (Attachment A) has established a cooperative purchase agreement with Motorola, Inc., to allow for pooling of various agencies' purchasing volume to directly reduce the cost of radio systems. By purchasing radio goods and services under the cooperative purchase agreement, the City will realize discounted rates for citywide purchases.
2. The bid specifications used by the HGAC have been assessed by the Administrative Services Department's Procurement Division as compatible with the City of Stockton standards with regards to the formal process, lowest pricing, awarded contract, and language allowing public agencies to avail of such process and pricing.
3. Motorola equipment has been the standard for Public Safety radios for Stockton and San Joaquin County for more than 30 years.
FINANCIAL SUMMARY
The Cooperative/Piggyback Purchase Agreement with H-GAC and Motorola Solutions, Inc. is for the purchase of additional radios for new and expanded department programs for an estimated amount of $252,918 through FY 2024-25.
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File #: 24-1000, Version: 1
All purchases made from this agreement will be funded through department accounts and projects listed in Table 2 above and will not exceed budget authority approved for FY 2024-25 or future budgets approved through the annual budget process. After the initial acquisition, equipment will be added to the IT Department's equipment lifecycle replacement process and managed through the Technology Internal Service Fund (ISF) 510.
The estimated, ongoing annualized rate for lifecycle replacements of new equipment purchased from this agreement is approximately $26,835 per year, with an annual increase of approximately $26,835 to the General Fund (see Table 3).
Table 3 - Account Numbers for ISF Replacement Rate
Description Proposed Accounts Total Lifecycle Annualized Rate 30 Mobile Radios
(PD)
3514-000-620004-100-
115-20-35-000-000-
$216,918 10 $21,692
Contingency As needed $36,000 7 $5,143
TOTAL $252,918 $26,835
Attachment A - Cooperative Purchase Agreement with Motorola and H-GAC City of Stockton Page 4 of 4 Printed on 11/14/2024
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CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT
This Amendment Number __2__ (insert amendment #) to the above referenced Agreement is entered into on 8/1/2024 between the City of Stockton (“City”) and Motorola Solutions LLC “Contractor”.
RECITALS
Agreement A, Agreement Term, states 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; and Now therefore, the City and the Contractor mutually agree as follows:
1.The termination date in Paragraph 2 of the Standard Agreement is amended to:
July 31, 2025
2. The maximum not to exceed amount to be paid to the Contractor, including, if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, will now read as follows:
1.1 “The maximum the Contractor shall be paid on this Agreement is $662,918.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes City approved reimbursable expenses, if any, and all payments to be made pursuant to this Agreement’s sum for the initial term and extended term. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
Initial Term the maximum not to exceed amount is $410,000.00 Extended Term the maximum not to exceed amount is $252,918.00 Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $662,918.00”
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
_____________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_____________________________________________________________________________________________ Authorized Signature Date
_____________________________________________________________________________________________ Printed Name and Title of Person Signing
_____________________________________________________________________________________________ Address
CITY OF STOCKTON
_____________________________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
_____________________________________________________________________________________________ Katherine Roland CMC, CPMC, Interim City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
Agreement Number: Amendment
Number:
4230000729 2
_____________________
Contractor’s Name (ifothe
_____________________
Authorized Signature
_____________________
ATTACHMENT A
Motorola Solutions, Inc
Roy Kyser, Area Sales Manager
9/25/24
6450 Sequence Dr, San Diego, CA 92121
663
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Extension - Motorola Solutions, Inc. - Public Services - ID: 12884 Revised 19Mar2024
EXTENSION No. 2 to CONTRACT No. RA05-21
For
Radio Communications/Emergency Response & Mobile Interoperability Equipment Between
HOUSTON-GALVESTON AREA COUNCIL
And
Motorola Solutions, Inc.
THIS AMENDMENT modifies the above referenced Contract as follows:
Contract is extended through Jul 31 2025 Midnight CST or the effective date of the contracts resulting from the most recently awarded Request For Proposal (RFP) for Radio Communications/Emergency Response & Mobile Interoperability Equipment, whichever occurs first.
Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and conditions of this Contract shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives.
Signed for: Houston-Galveston Area Council $docusign:SignHere::InternalSigner Chuck Wemple
Executive Director
Date: $docusign:DateSigned::InternalSigner
Signed for: Motorola Solutions, Inc.
Printed Name:
Title:
$docusign:SignHere::Customer1
Scott Lees
Vice President-Western Division
Date: $docusign:DateSigned::Customer1
ATTACHMENT A
664
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Motorola Solutions, Inc. - Public Services - ID: 7290
MOTOROLA GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Motorola Solutions, Inc., hereinafter referred to as the Contractor, having its principal place of business at 500 West Monroe Street, Chicago, IL 60661.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. HGAC will request such a determination only if Contractor bears all costs for preparation of the submission.
H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.
ATTACHMENT A
665
ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of H-GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.
ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.
ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.
ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:
1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;
5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/primesubcontracting
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NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.
Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was considered in a procurement transaction, etc.
ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins 08/01/21 and ends 07/31/23. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.
ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.
ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.
ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.
ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement.
Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.
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ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC, which will not be unreasonably withheld. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.
ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to HGAC.
In no circumstances will Contractor be required to create or maintain documents not kept in the ordinary course of its business operations, nor will Contractor be required to disclose any information, including but not limited to product cost data, which it considers confidential or proprietary.
ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.
Exemption certificates will be provided upon request.
ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's invoices and pertinent documentation of items which are chargeable to H-GAC under this Master Agreement. H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those pertinent records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement.
The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements.
ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, for a period of seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.
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ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.
ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.
B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein.
C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.
ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.
D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written
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notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.
ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing
Price Increases
Contractors may request a price increase for items priced as Base Bid items and Published Options after twelve (12) months from the bid opening date of the bid received by H-GAC. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of the previous bid price.
Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges, or other economic factors.
Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g. ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet.
All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during the course of any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.
Requesting Price Increase/Required Documentation
Contractor must submit a written notification at least thirty (30) calendar days prior to the requested effective date of the change, setting the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must include H-GAC Forms D Offered Item Pricing and E Options Pricing, or the documentation used to submit pricing in the original Response and be supported with substantive documentation (e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to the Bids and Specifications manager, William Burton, at [email protected]
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Review/Approval of Requests
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.
ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.
Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor.
The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage.
Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.
ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.
ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.
ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC.
Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior Customer approval.
ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.
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Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.
ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.
H-GAC will not pay for any expenses incurred after the termination date of the contract.
A. Convenience
H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing thirty (30) days written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.
B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of fifteen (15) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC. (3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.
ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.
ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. The party affected by the Force Majeure will notify the other within fifteen (15) days. Determination of force majeure shall rest solely with H-GAC.
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ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.
A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.
B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.
Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.
ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all applicable federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.
Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master
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Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) 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).
ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.
ARTICLE 35: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance.
ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.
The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any serious accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.
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The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.
ARTICLE 37: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.
ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special, or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.
ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.
ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.
ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.
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ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.
These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.
ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.
For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.
ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.
ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.
ARTICLE 47: DATA HANDLING AND SECURITY
Unless otherwise agreed upon between Contractor and the End User, it will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent
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unauthorized access to all data, products, and deliverables.
ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision.
ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.
ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.
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SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:
Motorola Solutions, Inc.
Signature $docusign:SignHere::Customer1
Name Neil Thomas
Title Vice President, Western Region
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSi
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H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Motorola Solutions, Inc. - Public Services - ID: 7290
MOTOROLA SPECIAL PROVISIONS
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.
ARTICLE 2: END USER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement, and that the term of the EUA may exceed the term of the current H-GAC Master Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to HGAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to
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provide the same prices, warranties, benefits, or terms to H-GAC and the END USER. This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies EXCEPTION: This clause shall not be applicable to the sale of large communications systems (one million dollars ($1,000,000.00) and above). The term “Communication Systems” shall refer to a project that includes the sale of infrastructure hardware and/or software, user devices, and Contractor engineering and installation service. The contract for a “Communication System” will always have a Statement of Work and an Acceptance Test Plan. This clause shall also not be applicable to pre-existing contracts Contractor has in the State of Texas. The term ”pre-existing” shall refer to contracts in existence as of the effective date of this Agreement.
ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge, which is listed and detailed in the attached “Addendum A” to this contract, when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
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Any liquidated damage terms will be determined between Contractor and END USER at the time an END USER purchase order is placed.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage:
a. General liability insurance with a Single Occurrence limit of $1,000,000.00, and a General Aggregate limit of two times the Single Occurrence limit, including:
i. Product liability insurance with a Single Occurrence limit of $1,000,000.00, and a General Aggregate limit of two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications.
b. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The Single Occurrence limit is $500,000.00 and the General Aggregate limit must be two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC.
c. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period. d. PDF Insurance Certificates must be furnished to H-GAC after contract execution and at policy renewal during term of contract, showing Contractor as the insured and showing coverage and limits for the insurances listed above.
e. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. f. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order.
ARTICLE 10: ORDER PROCESSING CHARGE
H-GAC will apply an Order Processing Charge, listed in Addendum A to this contract, for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the Customer.
ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written
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guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. HGAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement.
ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:
a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery. Such accessories shall be assembled, installed and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any Customer. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
f. Be available for inspection at any time prior to or after procurement.
ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING
All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.
ARTICLE 14: INSPECTION/TESTING
All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering Customer, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor.
ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. Customer Name
b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
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f. HGACBuy Order Processing Charge amount
ARTICLE 16: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the Customer.
ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:
1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and
2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION
CERTIFICATION
As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.)
ARTICLE 19: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by Customers for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R.
Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such programs.
In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC Customers may decide not to purchase from Contractor. Additionally, H-GAC Customers may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.
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ARTICLE 20: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects)
With respect to products purchased by Customer for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such programs.
With respect to products purchased by Customer for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such programs. Contractor agrees that the provisions in this Article may be applicable in an End User Agreement.
ARTICLE 21: TITLE VI REQUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
ARTICLE 22: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and Customer Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference.
Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.
ARTICLE 23: CLEAN AIR AND WATER POLLUTION CONTROL ACT
Customer Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract.
ARTICLE 24: PREVAILING WAGE
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Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.
ARTICLE 25: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all Customer Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
ARTICLE 26: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds in excess of $150,000, a Customer may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). Contractor agrees to provide information and negotiate with the Customer regarding profit as a separate element of the price for the purchase.
Contractor also agrees that the total price, including profit, charged by Contractor to Customer will not exceed the awarded pricing, including any applicable discount, under any awarded contract. Contractor agrees that the provisions in this Article may be applicable in an End User Agreement.
ARTICLE 27: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with nonFederal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the Customer. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:
1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension,
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continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
ARTICLE 28: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,
SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor agrees to comply with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.
ARTICLE 29: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor agrees to comply with applicable 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 (Pub. L. 94-163, 89 Stat. 871).
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Addendum A- Applicable Order Processing Charge
Excerpt from page 6 of RFP #RA05-21:
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Line Item
Reference
Number
Product Code
Product Summary
(detailing the items, equipment and/or
services being offered for the specific
product code)
Manufacturer Vendor Item Description Bid Price
1 PA
Mobile and Portable radios and accessoriesBase Stations and accessoriesRadio Trunked SystemsDispatch ConsolesMobile Data SystemsMobile Data SubscribersMobile Computing DevicesBroadband Wireless Mesh Infrastructure and SubscribersVideo and BiometricsRadio Infrastructure (Towers, Shelters, UPSs and Generators) Broadband and LTE Equipment/Services Next Gen 911 Equipment/Services Intelligent Led Policing Real Time Crime Center/ Video Solutions CAD and Records Management Biometrics Applications Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Per the RFP Motorola has included an Electronics Catalogue (PCAT file of .pdf's) file in lieu of listing each individual product and its options. In addition, a discount APC sheet is attached in the pricing section and used to calculate all individual prices within the PCAT file.
APC Summary Provided
Below.
Motorola also offers an extensive on-line program called My View Portal that allows each H-GAC end user to check specific contract pricing, place orders, and check shipping estimates in addition to invoice history. The on-line tool is the most advanced of its kind in the Communications Industry. 2 PB Integrated Command Control Equipment System Integration Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Per the RFP Motorola has included an Electronics Catalogue (PCAT file of .pdf's) file in lieu of listing each individual product and its options. In addition, a discount APC sheet is attached in the pricing section and used to calculate all individual prices within the PCAT file.
APC Summary Provided
Below.
Motorola also offers an extensive on-line program called My View Portal that allows each H-GAC end user to check specific contract pricing, place orders, and check shipping estimates in addition to invoice history. The on-line tool is the most advanced of its kind in the Communications Industry.
Attachment A
Motorola Solutions Inc.
Radio Communications/Emergency Response Equipment
Contract No.: RA05-21
ATTACHMENT A
688
3 PC
Emergency TrailersSystem Integration ServicesCommand VehiclesIntegrated Emergency Operations Center Incident Command Systems Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Per the RFP Motorola has included an Electronics Catalogue (PCAT file of .pdf's) file in lieu of listing each individual product and its options. In addition, a discount APC sheet is attached in the pricing section and used to calculate all individual prices within the PCAT file.
APC Summary Provided
Below.
Motorola also offers an extensive on-line program called My View Portal that allows each H-GAC end user to check specific contract pricing, place orders, and check shipping estimates in addition to invoice history. The on-line tool is the most advanced of its kind in the Communications Industry. 4 PD
Project ManagementSystem TechnologistTrainingAdvanced ServicesVideo and Network ManagementTestingCivil Work (Soil grading, fencing, grub work, etc...)Tower Services (concrete/foundation work, documentation, civil work, etc..)Network Services for all category technologiesCloud Services and Associated Integration Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola offers wide range of services including Integration, Installation and Training. The cost of these services is regional in nature. Samples below are listed for reference only.
APC Summary Provided
Below.
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Project Management Daily Rate* $2,072Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners System Technologist Daily Rate* $2,072Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Standard Shop Installation: Hourly Rate* $150 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Standard Shop Installation: Daily Rate* $1,200 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Mobile Radio Installation* $180-$600 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Radio Programming* $55-$125Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Data Installation* $180-$600 *Prices may vary by Region and Stated Scope. Travel Not Included.
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners NG9-1-1 Consulting Services-Daily Rate* $1,900Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Security Project/Program Management-Daily Rate* $1,900 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Wireless Security Technician-Daily Rate* $1,900
MOTOROLA INTEGRATION SERVICES - LMR
Motorola offers wide range of services including Integration, Installation and Training. The cost of these services is regional in nature. Samples below are listed for reference only.
MOTOROLA INTEGRATION SERVICES - ADVANCED SERVICES
ATTACHMENT A
689
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Security Penetration Tester (Wired Network)- Daily Rate* $1,900 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Security Trainer-Daily Rate* $1,650Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Application Security Code Reviewer-Daily Rate* $2,100Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners IT Incident Response and E-Discovery Assistance- Daily Rate* $1,900Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners IT Disaster Recovery Planner-Daily Rate* $1,900Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners IT Disaster Recovery Plan Tester-Daily Rate* $1,900Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Business Continuity/Continuity of Government Planner-Daily Rate* $1,900Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Business Continuity/Continuity of Government Plan Tester-Daily Rate* $1,900Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Mobile Application Services Project Management- Daily Rate* $750 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Mobile Application Services Solution Achitech- Daily Rate* $2,100 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Mobile Application Services Application and Solution Design-Daily Rate* $2,100Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Mobile Application Services Application and Solution Implementation-Daily Rate* $2,100Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Application Integration and Customization Services Project Management-Daily Rate* $1,694Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Application Integration and Customization Services Solution Achitech-Daily Rate* $2,100Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Application Integration and Customization Services Application and Solution Design-Daily Rate* $2,100
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Application Integration and Customization Services Application and Solution ImplementationDaily Rate* $1,694 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Unified Communications Services Project Management-Daily Rate* $1,900Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Unified Communications Services Application and Solution Design-Daily Rate* $2,100Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Unified Communications Services Application and Solution Implementation-Daily Rate* $1,900Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Consulting Services Project Management-Daily Rate* $1,900Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Consulting Services Internet Protocol Network Assessment-Daily Rate* $2,100Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Consulting Services IP Network Design and Integration-Daily Rate* $2,033Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Consulting Services IP Wide Area Network Backhaul Design and Integration-Daily Rate* $2,100Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Consulting Services Customer Network Interface Design and Integration-Daily Rate* $2,100 6 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Dispatch Support 42 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO SUA Upgrade Operations Support43 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO SUA Field Service Support
APC SUMMARY
ATTACHMENT A
690
127 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Shop Services 135 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Drop Ship Freight 185 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Subscriber Services 208 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Project Management Services 231 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Partner Maintenance Support 290 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Warranty Services 298 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO System Essential Support 306 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Site Development Services 348 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO System Premier Support 373 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO System Advanced Support 390 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO System Manager Support 427 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners 3rd Party Services 431 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Device Management Support - Essential 519 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Security Monitoring Support 560 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO System Update Service Remote Patching Support 561 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Network Monitoring Support 670 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Asset Management Service 700 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Device Management Support - Advanced 701 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Device Management Support - Premier 724 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola APX Next Management Support - Advanced 769 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Preventative Maintenance Support 772 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Technical Support 814 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Cyber Security Assessment Support 823 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO SUA Hardware & Software Support 847 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Lunarline Cyber Security Services 848 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Lunarline Cyber Security Monitoring 859 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Delta Risk Cyber Security Services 882 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO On-Site Support 929 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Infrastructure Repair Support
ATTACHMENT A
691
943 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO SUA Training Service Support 948 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners 3rd Party Maintenance Support 969 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO System Update Service Local Patching Support 901 Lifecycle Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Migration Assurance Program 902 Lifecycle Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners SMA 903 Lifecycle Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners SUA, SUA II 904 Lifecycle Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners SUS 905 Lifecycle Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners SA 390 Professional Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Performance Management Reports 659 Professional Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners NG-911 659 Professional Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Security, IP Networking 670 Professional Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners SI 842 Professional Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners 311 Software 561 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Network Monitoring 769 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Network Preventive Maintenance & Onsite Infrastructure Response 769 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners SUAII 772 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Technical Support 929 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Services 206 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Subscriber Repair 293 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Services/Training 17 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners PremierOne CAD Delivery Services30 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Flex CAD Delivery Services79 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Situational Awareness Delivery Services86 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Emergency Notification Delivery Services90 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners PremierOne Records Delivery Services97 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Flex Records Delivery Services99 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Flex Jail Delivery Services 141 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Digital Evidence Delivery Services 168 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Kodiak Delivery Services
ATTACHMENT A
692
327 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners CAD Mobile Delivery Services 331 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners CAD Suite Deployment 473 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Spillman Delivery Services 586 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners CallWorks Delivery Services 639 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Critical Connect Delivery Services 634 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Situational Awareness 3rd Party HW and SW or just HW 572 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Situational Awareness 3rd Party HW and SW or just HW141 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Interface SA 144 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Professional Services, Training Analytics Plus Only
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ATTACHMENT A
693
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ATTACHMENT A
694
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ATTACHMENT A
695
Purchase Order Checklist
Purchase Order Checklist
Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, Inc.
Payment (Billing) Terms/ State Contract Number
Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address
Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO )
PO Amount must be equal to or greater than Order Total
Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone #
Tax Exemption Status
Signatures (As required)
ATTACHMENT A
696
City of Stockton
Legislation Text
File #: 24-1100, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 1 WITH ROBERTSONBRYAN, INC. FOR WASTEWATER DISCHARGE PERMIT COMPLIANCE AND PROGRAM
SUPPORT SERVICES
RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize contract Amendment No. 1 in the amount of $1,182,929 with Robertson-Bryan, Inc. of Elk Grove, California, to provide National Pollutant Discharge Elimination System (NPDES) Wastewater Discharge Permit compliance and program support services over the next two years.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) operates the Regional Wastewater Control Facility (RWCF) under an NPDES Wastewater Discharge Permit (Permit). The Central Valley Regional Water Quality Control Board (Regional Board) issued the current Permit and Waste Discharge Requirements Order (Order) in 2020. The permit includes criteria for effluent limitations and discharge specifications, receiving water limitations, standard provisions, reporting and monitoring program, numerous special provisions, and compliance determination. The RWCF is currently undergoing commissioning and acceptance testing for the new Modifications Project processes. It is expected that work will be complete and all processes in service in early 2025. However, negotiations with the Regional Board for the new NPDES permit are ongoing and have required the addition of tasks not included in the current contract.
If approved, this action will authorize contract Amendment No. 1 (Exhibit 1 to the Resolution) with Robertson-Bryan, Inc. (RBI) of Elk Grove, California, in the amount of $1,182,929, for Wastewater NPDES Permit Compliance and Program Assistance. The extension increases the contract not-toexceed amount to $3,617,423.
DISCUSSION
Background
The RWCF is permitted to collect, treat, and discharge wastewater up to 55 million gallons per day.
The collection system conveys all wastewater from the City’s service area to the RWCF through approximately 1,484 miles of sanitary pipelines. Wastewater generally flows by gravity (east to west) to the sewer pump stations located throughout the City where it is then pumped to the RWCF.
Currently, 28 sanitary pumping stations operate in the sanitary sewer collection system. Wastewater City of Stockton Page 1 of 3 Printed on 11/14/2024
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File #: 24-1100, Version: 1
is treated at the Stockton RWCF and discharged into the San Joaquin River. The RWCF processes wastewater in three steps: primary, secondary, and tertiary (advanced), which are required to meet environmental standards.
Over the past five years, the RWCF treatment processes were modified or replaced through the RWCF Modifications Project (Modifications Project) to comply with effluent limitations established by the NPDES Permit. These processes include new tertiary treatment with activated sludge, nitrification and denitrification, disk filtration, and an ultraviolet disinfection system. The Modifications Project also included the construction of a new outfall on the east bank of the San Joaquin River.
On November 19, 2019, by Motion 2019-11-16-1106, a five-year contract in an amount not-to-exceed $2,434,494 was awarded to Robertson-Bryan Inc of Elk Grove, California. The contract allows for two one-year extensions and provides for the following compliance and program support services:
· Salinity Objectives
· Central Valley Salinity Alternatives for Long-Term Sustainability (CV-SALTS) and Prioritization & Optimization Study
· Various Basin Plans
· Groundwater
· Pollution Prevention Plans
· Pretreatment Program
· Regional Monitoring Program
· Sludge/Biosolids Discharge Specifications
· Total Maximum Daily Loads (TMDLs)
· Characterization Studies
· Title 22, or Equivalent, Disinfection Requirements
· Toxicity
· Whole Effluent Toxicity
Present Situation
The RWCF is undergoing commissioning and acceptance testing for the new Modifications Project processes. It is expected that work will be complete and all processes in service in early 2025.
Based on RBI’s understanding, expertise, and ability to meet the regulatory requirements, staff recommend a two-year contract extension for Wastewater NPDES Permit Compliance and Program Assistance in the amount not-to-exceed $1,182,929. With this amendment, the total contract not-toexceed amount will be $3,617,423. Approximately $300,000 in funding is expected to be available in the current contract and applied toward tasks completed in the first year.
Negotiations with the Regional Board for the new NPDES permit are ongoing and have required the addition of tasks not included in the current contract. The cost proposed is fair and reasonable considering the expertise of RBI, knowledge of current operating and permitting conditions, and performance history with the City.
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File #: 24-1100, Version: 1
FINANCIAL SUMMARY
The cost of $1,182,929 is for consultant support services during the two-year contract extension.
With this amendment, the not-to-exceed amount will increase to $3,617,423.
Funds are available for Fiscal Year 2024-25 from the Wastewater Plant Operations Special Services account. Costs for the subsequent years will be budgeted in the same account and subject to approval during the annual budget development process.
There is no impact to the General Fund, or any other unrestricted funds, from this action.
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699
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 1 WITH
ROBERTSON-BRYAN, INC. IN THE AMOUNT OF $1,182,929 FOR WASTEWATER
DISCHARGE PERMIT COMPLIANCE AND PROGRAM SUPPORT SERVICES The Municipal Utilities Department (MUD) operates the Regional Wastewater Control Facility (RWCF) under a National Pollutant Discharge Elimination System (NPDES) Wastewater Discharge Permit (Permit). The Central Valley Regional Water Quality Control Board (Regional Board) issued the current Permit and Waste Discharge Requirements Order (Order) in 2020. Both the Permit and Order have been amended and are now collectively referred to as R5-2020-0007-01; and The City is anticipating the issuance of the new five-year permit. The permit includes criteria for effluent limitations and discharge specifications, receiving water limitations, standard provisions, reporting and monitoring program, numerous special provisions, and compliance determination; and
On November 19, 2019, by Motion 2019-11-16-1106, a five-year contract was awarded to Robertson-Bryan, Inc. of Elk Grove, California, to provide compliance and program support services in an amount not-to-exceed $2,434,494. This contract allows for two one-year extensions; and
The City is undergoing commissioning and acceptance testing for the RWCF Modifications Project. It is expected that work will be complete and all processes in service in early 2025; and
Negotiations with the Regional Board for the new NPDES permit are ongoing and have required the addition of tasks not included in the current contract; and Based on RBI’s understanding, expertise, and ability to meet the regulatory requirements, staff recommend a two-year contract extension for Wastewater NPDES Permit Compliance and Program Assistance in the amount not to exceed $1,182,929.
With this amendment, the total contract not-to-exceed amount will be $3,617,423; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Amendment No. 1 with Robertson-Bryan, Inc. in the amount of $1,182,929 is hereby approved, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The total not-to-exceed contract amount is increased to $3,617,423. 700
3. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED November 19, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
701
EXHIBIT 1 702
2 (Rev. 03.21.22)
Agreement Number: Amendment
Number:
419000347 1
CITY OF STOCKTON
_____________________________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
_____________________________________________________________________________________________ Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
EXHIBIT 1 703
August 19, 2024 Delivered by Email
Mrs. Kat Garcia
Program Manager III - Wastewater
City of Stockton
Municipal Utilities Department
2500 Navy Drive
Stockton, CA 95206
RE: Scope of Work to Support Extending the NPDES Compliance and Program Assistance Contract (Contract No. 2019-11-19-1106 / PO 214864) to 2025 and 2026 Dear Mrs. Garcia:
Robertson-Bryan, Inc. (RBI) is pleased to provide you the attached scope of work and budget in support of a two-year extension of the National Pollutant Discharge Elimination System (NPDES) Compliance and Program Assistance Contract (Contract No. 2019-11-19-1106 / PO 214864) between RBI and the City of Stockton (City). The five-year term of this contract ends on December 31, 2025, though the term may be extended by the City up to two years by a written amendment (Contract, Exhibit A, Section 9).
We appreciate having the opportunity to meet with City representatives (D. Antypas and P.
McKinney) on July 9, 2024, to discuss the Regional Wastewater Recovery Facility’s (RWRF) operational and regulatory needs for the next two years and associated tasks that should be included in this scope of work. During the next two years, RBI will continue several routine tasks that were defined in our original proposal to the City in 2019. This includes, among others, operations and regulatory assistance, reviewing or preparing self-monitoring reports and annual reports, representation of the City during the State’s development of new regulatory programs and policies, groundwater compliance monitoring, and whole effluent toxicity compliance support.
Work is also necessary to support the City and RWRF operations on several existing and new non-routine tasks, four of which are as follows.
NPDES Permit Renewal – RBI will continue assisting the City with technical work and negotiations to support obtaining a renewed NPDES permit from the Central Valley Regional Water Quality Control Board (Central Valley Water Board) in 2025 and will facilitate RWRF compliance with the renewed NPDES permit. We anticipate that the Central Valley Water Board will evaluate the need to issue effluent limitations for discharges to the ponds and wetlands and expand groundwater monitoring. RBI, with assistance from Condor will advocate, as we have in the past, that the ponds and wetlands are operated in a manner to protect groundwater without the need for effluent limitations or additional groundwater monitoring.
Ponds and Wetlands Management – RBI will assist the City in developing and implementing a long-term plan for managing the ponds and wetlands. This effort will
ATTACHMENT A
EXHIBIT 1 704
include identifying the facilities needed to return wastewater from the ponds/wetlands to the RWRF for treatment on the east side of the river.
Biosolids Treatment and Disposal – RBI, with assistance from our sub-consultant West Yost Associates, will update the biosolids disposal analysis we previously prepared under Task 10. We will identify potential barriers to continuing to land-apply Class B biosolids and provide recommendations for addressing them. This analysis will expand on the options available to the City to produce and dispose of Class A biosolids and the operational flexibility it may provide to do so.
Unit Process Control Plan (UPCP) – RWRF operators historically have found the UPCP document effective because it explained the RWRF unit processes, provided operational specifications, and provided operational tutorials accompanied by photos. RBI will prepare a document to replace the UPCP since approximately 90% of the unit processes described in it have been replaced or upgraded.
RBI’s Scope of Work for calendar years 2025 and 2026 is provided in Attachment A to this letter. Tasks 1–18 are continuing services. We have retained the existing task names except for Tasks 4 and 10, which were renamed to more clearly communicate the services that will be provided. Tasks 19 and 20 are new tasks. Attachment B provides a detailed budget and budget summary for services that will be provided for the two-year period of January 1, 2025–December 31, 2026.
The RBI team is excited to continue our working relationship with the City. If you have any questions about the information presented in our proposal, please contact Paul Bedore at (916) 405-8918 or Dr. Michael Bryan at (916) 261-4043. We look forward to hearing from you.
Sincerely,
Michael Bryan, Ph.D. Paul Bedore, M.S.
President and Managing Partner Director of Wastewater and Stormwater Regulatory Services
Attachment A – Scope of Work for 2025–2026
Attachment B – Budget for 2025–2026
cc:
Mel Lytle, City of Stockton
Deedee Antypas, City of Stockton
Phil McKinney, City of Stockton
EXHIBIT 1 705
Attachment A
Scope of Work for 2025–2026
EXHIBIT 1 706
SCOPE OF WORK OUTLINE
Task 1 – Permit Management/Calendar/Schedule....................................................................... 2 Task 2 - Representation at Meetings and Tracking of Regulatory Developments......................... 2 Task 3 – Monitoring and Reporting ............................................................................................. 3 Task 4 – Outfall and Modifications Project Continuing Services................................................... 4 Task 5 – Groundwater................................................................................................................. 4 Task 6 – Annual Reports.............................................................................................................. 6 Task 7 – Sewer Use Ordinance and Enforcement Response Plan Revisions.................................. 7 Task 8 – ROWD and NPDES Permit Negotiation........................................................................... 7 Task 9 – Laboratory Compliance.................................................................................................. 8 Task 10 – Biosolids Treatment and Disposal ................................................................................ 9 Task 11 – Miscellaneous Operational and Regulatory Support ..................................................10 Task 12 – Meetings with City Staff and Council..........................................................................10 Task 13 – Project Management................................................................................................. 10 Task 14 – Whole Effluent Toxicity (WET) Compliance Support...................................................11 Task 15 – Evaluation of Compliance with Thermal Plan .............................................................11 Task 16 – Reimbursable Expenses .............................................................................................12 Task 17 – Harmful Algal Blooms ................................................................................................12 Task 18 – Power Services ..........................................................................................................13 Task 19 – Unit Process Control Plan...........................................................................................14 Task 20 – Ponds-Wetlands Management and Return Infrastructure..........................................14 EXHIBIT 1 707
SCOPE OF WORK
Below is our proposed scope of work to provide the City with National Pollutant Discharge Elimination System (NPDES) permit compliance and program administration support for the Regional Wastewater Recovery Facility (RWRF) in calendar years 2025 and 2026.
Task 1 – Permit Management/Calendar/Schedule
RBI will provide a permit management handbook following renewal of the RWRF NPDES permit in 2025. The handbook will include tabs and a table of contents that includes all City wastewater regulatory documents related to the new NPDES permit. RBI will develop a regulatory calendar/schedule identifying NPDES permit reporting requirements, assignment of reporting responsibilities to City and RBI staff, and the expected level of effort for each task.
This will be the master schedule used by City and RBI for meeting all permit reporting requirements.
Lead: Paul Bedore, RBI
Deliverables:
NPDES Permit Management Handbook
Schedule: 2025
Task 2 - Representation at Meetings and Tracking of Regulatory Developments The City is currently involved with CV-SALTS, the Delta Regional Monitoring Program (RMP), and various Central Valley Clean Water Association (CVCWA) committees. Other on-going and current regulatory initiatives that affect the City include the following. Statewide Toxicity Provisions
Phase 2 Development of the Delta Methylmercury Total Maximum Daily Load (TMDL) Promulgation of federal and state regulations for Per- and polyfluoroalkyl substances (PFAS)
Central Valley Pyrethroid Control Program
Central Valley Salt and Nitrate Control Program
Nutrient objectives for inland waters
Of particular relevance to the City is the Phase 2 development of the Delta Methylmercury TMDL, for which the Central Valley Water Board provided preliminary recalculated Waste Load Allocations (WLAs) for POTWs in December 2023. The RWRF could not presently comply with the recalculated WLAs. Consequently, RBI has met with Board management to advocate against reducing WLAs for the City and other POTWs to levels that result in non-compliance. RBI’s message resonated with the Board’s Executive officer. RBI will continue this advocacy work in 2025 and 2026, as Phase 2 of the TMDL is developed.
EXHIBIT 1 708
There may be other regulatory initiatives that the City becomes engaged in during the next NPDES permit term. RBI staff has participated in crucial developments in the above-listed regulatory initiatives on behalf of the City and other Central Valley POTW clients. Consequently, RBI often cost-shares our efforts among multiple POTWs. Budget provided in this task can be used for meetings, review and comment on key documents, and communications to advise the City on these developments.
Lead: Paul Bedore, RBI
Deliverables: TBD
Schedule: 2025 and 2026
Task 3 – Monitoring and Reporting
RBI has identified and communicated to the City the need for optimizing and automating, where feasible, RWRF data management and data input. Specifically, RBI will to do the following.
Assist the City with evaluating, selecting, procuring, and implementing a Laboratory Information Management System (LIMS) for the RWRF laboratory. Provide guidance on regulatory requirements and standards for permit required parameters tracked continuously in City’s online computer system.
Implement system changes resulting from review of regulatory reporting to provide only NPDES permit-required information in each report.
Develop strategies to automatically populate the California Integrated Water Quality System (CIWQS) Permittee Entry Tool (PET) for Self-Monitoring Reports (SMRs).
The City’s new NPDES permit will include a requirement to conduct quarterly pyrethroid pesticide monitoring for one year concurrent with effluent and receiving water characterization monitoring. This monitoring will include chemical analysis of pyrethroids and Hyalella azteca toxicity testing. RBI will provide sampling and analysis guidance to the City for this monitoring requirement, review of analytical and toxicity reports, and perform the calculations required to determine compliance with pyrethroid regulatory thresholds.
USEPA is developing a nationwide PFAS study that may apply to the RWRF and its collection system. A questionnaire is expected to be sent to the City in 2024 or 2025. A subset of the nation’s 400 POTWs, which includes the RWRF, will be required to conduct PFAS sampling in 2025. Budget is provided for RBI to support the City with the questionnaire, prepare for sampling, and review of laboratory results.
EXHIBIT 1 709
Task Leads: Cyle Moon and Cam Irvine, RBI
Deliverables:
Automated data management systems and reports
Others TBD
Schedule: 2025 and 2026
Task 4 – Outfall and Modifications Project Continuing Services This Task is titled “Outfall Permitting” in the existing contract. Under it, RBI supported the construction work to reinstate an east bank outfall (EBO) by securing the necessary permits and approvals concurrent with assisting the RWRF Modifications Project by leading efforts to ensure that the California Environmental Quality Act’s Mitigation, Monitoring, and Reporting Program (MMRP) for the project was implemented.
Though most of this work is complete, RBI will assist the City as the treatment ponds and wetlands are transitioned to use solely for water diversion from the RWRF, as required by the MMRP. Anticipated work will involve monitoring biological resources in the wetlands and ponds as water levels change, relocating aquatic species to nearby waterbodies, and associated engagement of regulatory agencies, such as the California Department of Fish and Wildlife (CDFW), if necessary. Budget is also provided to assist the City with ongoing requirements (i.e., State Lands and Water Board tasks) and address any follow-up questions or issues from the agencies that issued permits for rehabilitation of the EBO.
Lead: Keith Whitener, RBI
Deliverables: TBD
Schedule: 2025 & 2026
Task 5 – Groundwater
Condor and RBI will lead various aspects of the groundwater tasks. For the 2020 NPDES permit, the Central Valley Water Board decreased groundwater water monitoring to just two wells in the vicinity of the ponds (wells MW-7 and MW-10), a substantial decrease from the 2014 NPDES permit. Since 2020, the Central Valley Water Board has refocused their efforts to regulate discharges of wastewater to land, ponds, and storage basins. Under Task 8 (below), RBI will negotiate any changes to groundwater monitoring using existing groundwater reports prepared by Condor. However, for budgeting purposes, we assume that groundwater monitoring will be expanded in the renewed NPDES permit, consistent with Central Valley Water Board recent permitting actions. We anticipate that any expanded monitoring would be focused on wells west of the San Joaquin River because the unlined ponds will receive diversions of primary treated effluent, while all treatment units and biosolids handling/storage areas east of the San Joaquin River are constructed as concrete basins or asphalt-lined storage areas.
EXHIBIT 1 710
Task 5.1 - Groundwater Monitoring, Laboratory Analyses, and Reporting Condor will recommission, as necessary, and visit four (4) monitoring wells for water quality monitoring (MW-1, MW-7, MW-10, and MW-18) and four (4) monitoring wells for elevation monitoring (MW-3, MW-5, MW-6, and MW-9) that have historically been monitored on the west side of the river (i.e., in the 2014 NPDES permit). We assume monitoring and reporting on a quarterly basis and will collect groundwater samples according to the site-specific field protocols. The anticipated parameters to be monitored are listed in Table 1 (below). Condor will redeploy dedicated sampling pumps to all water quality monitoring wells and disinfect wells as necessary to prepare for coliform sampling. Samples will be preserved and transferred under chain of custody documentation to a certified environmental laboratory within the published hold times for the parameters specified. The lab will be subcontracted to Condor. Laboratory reports of results will be checked by Condor for possible errors and data will be entered into a master spreadsheet. Quarterly reports meeting the standards required by the Central Valley Water Board will be prepared and signed by a Condor registered professional geologist or engineer. Draft reports will be submitted to RBI and the City for comment and approval one month prior to the reporting deadline. Condor will address all comments and questions before preparing a final copy of the report for RBI and the City.
Table 1. Anticipated Groundwater Monitoring Requirements.
Parameter Units Parameter Units
Depth to Groundwater ±0.01 feet Total Kjeldahl Nitrogen mg/L Groundwater Elevation ±0.01 feet Total Coliform Organisms MPN/100mL Gradient feet/feet Total Dissolved Solids mg/L
Gradient Direction Degrees Total Organic Carbon mg/L
Electrical Conductivity @25°C µmhos/cm Arsenic, Dissolved µg/L Total Dissolved Solids mg/L Iron, Dissolved µg/L
pH Standard Units Manganese, Dissolved µg/L
Nitrite (as Nitrogen) mg/L Standard Minerals µg/L
Nitrate (as Nitrogen) mg/L
Task 5.2 - Best Practicable Treatment or Control
The Central Valley Water Board’s renewed interest in the protection of groundwater from unlined ponds may result in the need to prepare an addendum to Condor’s previously prepared groundwater characterization report or Best Practical Treatment and Control (BPTC) report.
Should the Central Valley Water Board attempt to reinstate those currently dormant monitoring wells, RBI and Condor will prepare a memorandum summarizing groundwater quality, impacts from the operation of the ponds and wetlands, and BPTC. This task provides budget for RBI and Condor to compile and present historical groundwater monitoring and facility operations information to demonstrate that the use of the ponds and wetlands protects groundwater quality. We will leverage BPTC analyses for the RWRF produced during the past 10 years, though we assume there will be a need to provide additional data summaries and evaluations.
EXHIBIT 1 711
Task 5.3 - Well Closures
The facility has four groundwater monitoring wells located east of the San Joaquin River (MW11, 12, 13, and 17) and two wells located in neighboring properties west of the San Joaquin River (MW-15 and MW-16) that are currently dormant. These wells should be considered for destruction since monitoring at these wells is no longer needed for adequate characterization of groundwater quality at the site. Condor is currently preparing the necessary well destruction work plan for submittal to the Central Valley Water Board and County. Since the timeline for obtaining approvals and permits is unknown, budget is provided in this task to complete this work in 2025 or 2026. Condor will obtain permits, hire a C-57 licensed drilling contractor to perform the work, interact with County inspectors, and prepare closure reports according to standards required by the Central Valley Water Board. RBI will assist the City and Condor with interactions with the Central Valley Water Board and obtaining their approvals.
Task Lead: Cyle Moon, RBI and Casey Kipf (CHG), Condor
Deliverables:
Groundwater monitoring and quarterly reports (Q1 2025 – Q4 2026) Technical Memorandum on BPTC and Groundwater Data Synthesis, as needed Groundwater well destruction permits and reports
Schedule: 2025 and 2026
Task 6 – Annual Reports
RBI will lead the preparation of annual and other non-routine reports required by the NPDES permit. Based on RBI’s understanding of requirements to be included in the renewed NPDES permit, RBI will prepare the following reports.
Annual progress reports associated with the compliance schedule permitted for final effluent limitations for methylmercury.
Annual report on salinity best management practices.
Annual recycled water report.
Budget is also provided for RBI to prepare up to two additional annual reports, if required by the renewed NPDES permit.
RBI will assist the City, as needed, with preparing the following special, one-time reports that will be required by the renewed NPDES permit. City staff prepared these deliverables in the past.
Analytical methods report
Analytical methods certification
This scope of work assumes that the City will prepare the Annual Operations Report and Annual Pretreatment Report required by the NPDES permit.
EXHIBIT 1 712
Task Leads: Michelle Brown, RBI
Deliverables:
Annual Reports for methylmercury, salinity, and recycled water for 2024 and 2025 Up to two additional annual reports, if required by the renewed NPDES permit for 2024 and 2025
Review of analytical methods report and analytical methods certification Schedule: 2025 and 2026
Task 7 – Sewer Use Ordinance and Enforcement Response Plan Revisions The Central Valley Water Board has been including requirements to review and update Industrial Pretreatment Program (IPP) local limits in recent NPDES permits. RBI will provide asneeded technical support and assistance to the City as follows. RBI will review portions of the City's Sewer Use Ordinance implementing its IPP to verify consistency with federal General Pretreatment Regulations in 40 CFR Part 403, including 2007 Pretreatment Streamlining Rule revisions, and provide a list of recommended updates, if appropriate.
RBI will research other local jurisdiction FOG programs and provide a list of recommended updates to the City’s FOG Program, as needed.
RBI will evaluate the need to update the City’s IPP local limits.
RBI will conduct research and regulatory interactions, as necessary, to accomplish this task.
Task Lead: Michelle Brown, RBI
Deliverables:
Recommendations for revisions to the City’s Sewer Use Ordinance and FOG Enforcement Response Plans
Evaluation of the need to update IPP local limits
Schedule: 2025 and 2026
Task 8 – ROWD and NPDES Permit Negotiation
RBI led the last three NPDES permit renewals for the City and prepared the City’s 2024 Report of Waste Discharge (ROWD) for its next NPDES permit renewal. RBI will lead negotiations with the Central Valley Water Board for the 2025 NPDES permit renewal, with assistance from Condor on groundwater. RBI will perform a thorough, detailed review of the preliminary draft NPDES permit issued by Central Valley Water Board staff, with support from Condor on groundwater requirements. RBI will lead and coordinate efforts to prepare written comments on the preliminary draft permit issued by Board staff and will meet with Board staff and management to discuss the comments. This will also be completed for the tentative NPDES EXHIBIT 1 713
permit issued by the Board for public comment. Comments on the tentative NPDES permit are very important because:
Central Valley Water Board staff are obligated to prepare written responses to the comments and to brief the Board members regarding how they responded to discharger comments prior to adoption of the tentative NPDES permit; and The comments are the cornerstone of the administrative record, should the City need to appeal or litigate the NPDES permit.
Finally, RBI will review changes to the tentative NPDES permit that the Central Valley Water Board makes in response to public comments. Based on recent experience with other POTWs, we anticipate that the Board will receive several technical comments from the public on the use of the ponds and wetlands.
The RBI team will participate in three meetings with City staff to discuss the preliminary draft and tentative NPDES permits and strategies for drafting comments and engaging with Central Valley Water Board staff. In addition, the RBI team will lead up to three meetings at the Central Valley Water Board with City staff to discuss comments on the preliminary draft and tentative NPDES permits and negotiate permit limitations and monitoring requirements. RBI will represent the City at the adoption hearing for the renewed NPDES permit.
Task Lead: Paul Bedore, RBI
Deliverables:
Comment packages for the preliminary draft and tentative NPDES permits Meetings with City and Central Valley Water Board NPDES permitting staff A negotiated, adopted NPDES permit
Schedule: 2025
Task 9 – Laboratory Compliance
RBI will assist the City as needed with implementation of the NELAC Institute’s (TNI) 2016 standards that are the State Water Resources Control Board’s (State Water Board) current Environmental Laboratory Accreditation Program (ELAP) standards (TNI–2). RBI has extensive understanding of laboratory accreditation requirements. RBI will provide assistance as needed with renewing their ELAP certification and ensuring the City is positioned to comply with the laboratory accreditation requirements. Assistance also can be provided with preparing and responding to TNI audits of the RWRF laboratory, reviewing documents and records to ensure they meet all requirements, internal audits, and tracking routine quality assurance and quality control. RBI can also help track ELAP update timelines, method update rules, and changes to field of accreditation tables.
EXHIBIT 1 714
Task Lead: Teresa Lopez, RBI
Deliverables:
Coordination with City staff
ELAP regulations implementation assistance
Schedule: 2025 and 2026
Task 10 – Biosolids Treatment and Disposal
Under the existing NPDES services contract this task was described as “Biomass Use and Energy Production” and the RBI Team completed four technical memoranda evaluating the following. Digester Capacity Analysis
Digester Gas Use Alternatives Analysis
Co-Digestion Feasibility Analysis
Biosolids Disposal
The biosolids disposal memorandum identified land application to be the least expensive option for the City. However, as POTWs continue to adapt to the landfill diversion requirements of SB 1383, the availability of land application sites for Class B biosolids is a concern to the City. RBI’s preliminary conversations with Synagro, the City’s biosolids disposal contractor, indicate a sufficient amount of land application area is available for Class B biosolids. However, biosolids disposal during the wet season can be a challenge for many POTWs because they lack sufficient storage. The RBI team will identify the current and future constraints that may affect the City’s ability to continue land applying class B biosolids and provide recommendations to the City to address such constraints. The RBI team will also consider alternative biosolids treatment technologies that would produce Class A biosolids and/or biochar along with associated disposal options. We will compare the feasibility and cost of these alternatives, meet with the City to discuss and prepare a technical memorandum.
It is anticipated that the current and future Class B land application constraints and opportunities would be developed through conversations with service providers such as Synagro, Waste Management, and Recology, and from other municipal agencies that use a third party for Class B land application. For Class A biosolids and/or biochar/gasification options, it is anticipated that up to three alternatives will be investigated. It is not anticipated that new emerging technologies will be investigated as part of the analysis and that the alternatives considered would have a full-scale working facility in the United States. The RBI team will also consider one alternative to explore the feasibility and possible advantages of treating a portion of the City’s biosolids to help mitigate/avoid the constraints with Class B land application. It is anticipated that the feasibility of the alternatives will be compared on life-cycle cost basis using conceptual level capital and operating costs. Other non-cost factors may include perceived price volatility, whether the proposed solution is established, ability to treat PFAS/PFOA, and reliability of the alternative.
EXHIBIT 1 715
Task Lead: Greg Chung, West Yost
Deliverables:
Biosolids Treatment and Disposal Alternatives Technical Memorandum Schedule: 2025
Task 11 – Miscellaneous Operational and Regulatory Support RBI will provide operational and regulatory support to the City to ensure compliance with the NPDES permit. RBI has extensive knowledge of the City’s plant, electronic SMR preparation process, and the NPDES permit discharge limitations and reporting requirements. RBI will provide SMR preparation and review services as needed by the City to ensure that the City is meeting the reporting requirements of the NPDES permit. RBI will assist the City in responding to notice of violations issued by the Central Valley Water Board and reporting of noncompliance as required by the NPDES permit. RBI also will provide operational support to the City to manage and improve unit treatment processes such that RWRF treatment efficiency is improved and the City complies with the NPDES permit.
Task Lead: Cyle Moon, RBI
Deliverables:
Preparation and review of SMRs
Technical memoranda/reports regarding operational improvements Schedule: 2025 and 2026
Task 12 – Meetings with City Staff and Council
The appropriate RBI team members will attend meetings, as necessary, with City Department of Municipal Utilities (MUD) staff, Council committees, and the full City Council. The number of meetings assumed for the term of the two-year project extension is as follows. City MUD Meetings: once per month (24 total)
Council Committee Meetings: two presentations per year (4 total) City Council Meetings: one presentation per year (2 total) Task Lead: Paul Bedore, RBI
Deliverables:
Meeting agenda, handouts, and minutes
Schedule: 2025 and 2026
Task 13 – Project Management
This task includes the management activities to assure high quality on-time and within-budget task completions. Invoices will be submitted to the City on a monthly basis. This task also EXHIBIT 1 716
includes coordination with City staff and our subconsultants not accommodated under other tasks. Hours are also budgeted for scheduling of staff and initiating their task-specific activities.
Task Lead: Paul Bedore, RBI
Deliverables:
Monthly invoices
Routine project coordination and management activities Schedule: 2025 and 2026
Task 14 – Whole Effluent Toxicity (WET) Compliance Support RBI will advise the City on the testing necessary to complete its on-going Toxicity Reduction Evaluation (TRE) for Ceriodaphnia dubia. The C. dubia toxicity has been caused by pesticide applications by the San Joaquin County Mosquito and Vector Control District to the ponds and wetlands for vector control. The Modifications Project is anticipated to resolve the source of toxicity to the final effluent. RBI will prepare a final TRE report upon conclusion of the TRE for submittal to the Central Valley Water Board.
The renewed NPDES permit will include a numeric effluent limitation for chronic WET and, consistent with the State Water Board’s 2020 Toxicity Provisions, is anticipated to require monthly routine testing with C. dubia. The facility must conduct this testing on a strict schedule and be prepared to initiate two additional follow-up tests within the same calendar month, should the routine test fail. RBI will assist the City in implementing the new permit requirements and will provide QA/QC review of monthly WET test reports from the contract laboratory. Should future chronic WET testing identify toxicity from tests that don’t meet USEPA test acceptability criteria, RBI will direct the contract laboratory to conduct a re-test.
Should toxicity be identified from sound tests RBI will provide the technical direction regarding additional testing to determine compliance with the WET effluent limitations and the need for development of a TRE Action Plan.
Task Lead: Cameron Irvine, RBI
Deliverables:
Final Report for Current C. dubia TRE
TRE Action Plan and Progress Reports, as needed
Schedule: 2025 and 2026
Task 15 – Evaluation of Compliance with Thermal Plan
The State Water Board adopted the Water Quality Control Plan for Control of Temperature in the Coastal and Interstate Water and Enclosed Bays and Estuaries of California (Thermal Plan) on May 18, 1972, and amended this plan on September 18, 1975. The Thermal Plan contains temperature objectives applicable to the Delta and contains temperature objectives for different types of waste discharges. A municipal wastewater treatment plant is considered to EXHIBIT 1 717
discharge an elevated temperature waste under the Thermal Plan. The Thermal Plan’s objectives for elevated temperature waste discharges to the Delta have been incorporated as effluent and receiving water limitations into the RWRF NPDES permit.
Historically, the RWRF has benefited from effluent cooling in the ponds and wetlands, which allows the facility to comply with the temperature objectives of the Thermal Plan, and associated NPDES temperature limitations. However, now that the RWRF Modifications Project is substantially complete, the effluent cooling that historically has occurred in the ponds and wetlands during the late fall and winter period of the year (when the receiving water has cooled substantially from summer highs but the RWRF effluent has not yet cooled commensurately) will no longer occur. Hence, compliance with Thermal Plan objectives and associated NPDES permit temperature limitations may become a challenge during the late fall and early winter months.
Under this task, RBI will compile effluent and receiving water temperatures and flows, postcompletion of the Modifications Project, and use these data to assess the RWRF’s ability to comply with its NPDES permit temperature limitations. RBI will prepare a preliminary Technical Memorandum for City staff that will present the findings from this thermal compliance assessment in 2025 and will finalize this TM in 2026. The TM also will include recommendations, based on the TM’s findings, which will be discussed with City staff in a meeting.
Task Lead: Michael Bryan, RBI
Deliverables:
Preliminary and Final Thermal Plan Compliance Assessment TM Thermal Compliance Meeting
Schedule: 2025 and 2026
Task 16 – Reimbursable Expenses
Reimbursable expenses are non-labor charges associated with conducting the project and this has been retained as Task 16 consistent with the current project setup in RBI’s accounting system. These expenses include, but are not limited to supplies, mileage, printing, postage, and equipment. Reimbursable expenses are estimated at an amount not to exceed 3 percent of the total project budget. Reimbursable expenses will be charged at the direct cost or rate, as appropriate for the type of charge (e.g., mileage will be charged at a rate and postage will be a direct charge).
Task 17 – Harmful Algal Blooms
RBI will represent the City, as needed, on regional issues related to Harmful Algal Blooms (HABs) in the San Joaquin River, Stockton Deep Water Ship Channel, and the Delta. RBI is involved with several special studies being conducted within the Delta and will engage the City on issues within these studies that pertain to the operations of the City’s MUD and that are of EXHIBIT 1 718
interest to the City. The Stockton Ship Channel is known as a regional hotspot for HABs and is being targeted for future mitigation and management within the City limits. Among other things, RBI’s services can include engaging and representing the City in these efforts, reviewing draft study plans and reports, coordinating the use of City equipment to assist with these studies, and assisting the City obtain and use grant and other funding to help address these issues.
Task Lead: Paul Bedore, RBI
Deliverables:
TBD
Schedule: 2025 and 2026
Task 18 – Power Services
In the second half of 2024, the RBI Team initiated Task 18 to assist the City in evaluating its back-up power supplies, synchronization of its back-up generators, enhancing power resiliency/redundancy, and evaluating cost-of-service for the upgraded RWRF. The RBI Team is preparing a technical scope of work that the City can use to prepare a vendor request for proposal (RFP). The RFP will be used to select a vendor capable of designing and installing a new generation control system (i.e., micro-grid controller) capable of controlling all portions of the generator system, as well as future energy sources, should the City choose to add solar power generation and battery storage to the RWRF in the future.
The RBI Team is also reviewing electrical loads and power costs for RWRF operations to develop a baseline cost-of-service for power and cost-of-service estimate for the new RWRF treatment process under the existing PGE service tariff. We are reviewing other tariff options (if applicable) and identifying any regulatory considerations, including those associated with a future solar system for power redundancy. This effort will determine how the City can maintain the lowest possible power costs into the future.
Assistance with the technical scope of work and vendor RFP, as well as the evaluation of minimizing power costs is assumed to be nearly complete by the end of 2024. Budget assumed for Task 18 in 2025 is for ancillary services that the City may need to finish out this effort. The selection and management of the vendor to design and install the new generation control system (i.e., micro-grid controller) and any subsequent phases of power-related work at the RWRF is not part of this scope of services. Should RBI services beyond this task be needed and requested by the City in the future (e.g., subsequent work to obtain improved cost of power service), RBI would scope and budget such services in a separate proposal.
EXHIBIT 1 719
Co-Task Leads: Jeff Pelz, West Yost; Cori Bradely, RBI
Deliverables:
TBD
Schedule: 2025
Task 19 – Unit Process Control Plan
In circa 2000, the City’s contract operator, OMI, prepared a Unit and Process Control Plan (UPCP) for the RWRF. After OMI operations contract ended, MUD updated the UPCP every year through circa 2016. RWRF operators have found this document effective because it explains the RWRF unit processes, provides operational specifications, and operational tutorials accompanied by photos. The existing UPCP is over 400 pages in length and is almost entirely out of date since the Modifications Project has either replaced or updated approximately 90% of the unit processes described in the UPCP. Given the effort necessary to prepare an entirely new UPCP, RBI discussed with RWRF management approaches to organize existing information for the modified RWRF into a unified document that would serve the same purposes of the UPCP. Under the existing NPDES services contract, RBI is preparing an example document that will focus on the headworks. It will include portions of the RWRF operations and maintenance manual (Volume 2), process control narratives, process control descriptions, and process and instrument diagrams. This document will be reviewed with MUD management under the existing contract. Assuming the example document meets the City’s needs, budget is provided in this task for RBI to work with City staff to expand the document to include most other units and processes at the RWRF.
Co-Task Leads: Art O’Brien, RBI
Deliverables:
Collated document with unit and process control information Schedule: 2025 and 2026
Task 20 – Ponds-Wetlands Management and Return Infrastructure RBI will assist the City in developing a long-term strategy for using the existing wastewater ponds and wetlands, which will involve new or modified uses and infrastructure.
Subtask 20.1 – Identification of the City’s Goals and Objectives RBI will work with City staff to identify the City’s goal and objectives for the existing wastewater ponds and wetlands. The goal will define the City’s intended use of the ponds and wetlands in both the near-term and long-term. For example, the goal could be to use the ponds (and possibly wetlands) for winter storage so that water can be returned to the main treatment plant in the summer, treated, and discharged to the river. This would allow the City to maximize the amount of water it may divert at the City’s Delta Drinking Water Plant.
Based on a defined goal(s) for use of the ponds and wetlands, specific objectives that must be accomplished to achieve the goal(s) will be identified. These may include continued use of the EXHIBIT 1 720
ponds for emergency storage, development of new infrastructure to facilitate returning wastewater placed in the ponds back to the headworks for treatment prior to river discharge, etc.
Subtask 20.2 – Feasibility Analysis and Development of Alternatives Following completion of Subtask 20.1, alternative means of achieving the defined objectives will undergo a feasibility analysis and viable alternative approaches to pond and wetland management/use, that can achieve the City’s goals for these assets, will be evaluated. This may include alternatives for storing and managing diverted flows from the RWRF, alternatives for returning stored/diverted water to the RWRF for treatment, level of treatment prior to storing water in the ponds and wetlands, alternatives for converting the wetlands into a completely different land use. The analysis will consider vegetation and wildlife management needed for the various alternatives that are developed under this subtask.
Subtask 20.3 – Develop Documentation to Facilitate Preferred Alternative Documentation that is anticipated to be needed to direct and facilitate planned actions may include, but not necessarily be limited to, the following. • California Environmental Quality Act (CEQA) documentation • Environmental Permitting/Habitat Conservation Plan (HCP) compliance documentation • Pond and Wetland Wildlife Management Plan
• Engineering design documents for additional infrastructure needed Each of the documents listed above would require substantial effort to complete, which is reflected in the budget for this subtask.
Subtask 20.4 – Action Implementation Assistance and Monitoring Under this subtask, RBI would provide assistance to City staff to manage the implementation of planned actions, such as conducting biological and construction monitoring, notices and reporting to permitting agencies, and general project management assistance.
Since the scope of documentation and assistance needed to implement the preferred alternative is not currently known, RBI’s assistance for Subtasks 20.3 and 20.4 is limited to the budget provided. If extensive approvals and permits are required, then RBI will submit a separate scope and budget.
Task Leads: Cyle Moon and Michael Bryan, RBI
Deliverables:
Defined goals and objectives for ponds and wetlands
Feasibility analysis and development of alternatives
Documentation for the preferred alternative TBD (CEQA, engineering drawings, etc.) Schedule: 2025 and 2026
EXHIBIT 1 721
Attachment B
Budget for 2025–2026
EXHIBIT 1 722
BUDGET SUMMARY
Task Description 2025 Subtotal 2026 Subtotal 2025-2026
Subtotal
Task 1: Permit Management/Calendar/Schedule $ 15,450 $ - $ 15,450 Task 2: Representation at Meetings and Tracking of Regulatory Developments $ 40,170 $ 40,170 $ 80,341 Task 3: Monitoring and Reporting $ 19,414 $ 19,414 $ 38,828 Task 4: Outfall and Modifications Project Continuing Services $ 21,787 $ 21,787 $ 43,574 Task 5: Groundwater $ 149,534 $ 53,566 $ 203,100
Task 6: Annual Reports $ 13,677 $ 13,677 $ 27,353
Task 7: Sewer Use Ordinance and Enforcement Response Plan Revisions $ 16,685 $ 16,685 $ 33,371 Task 8: ROWD and NPDES Permit Negotiation $ 97,798 $ - $ 97,798 Task 9: Laboratory Compliance $ 7,296 $ 7,296 $ 14,592
Task 10: Biosolids Treatment and Disposal $ 90,375 $ - $ 90,375 Task 11: Miscellaneous Operational and Regulatory Support $ 69,380 $ 69,380 $ 138,760 Task 12: Meetings with City Staff and Council $ 41,416 $ 41,416 $ 82,831 Task 13: Project Management $ 56,050 $ 56,050 $ 112,099 Task 14: Whole Effluent Toxicity (WET) Compliance $ 29,465 $ 29,465 $ 58,930 Task 15: Evaluation of Compliance with Thermal Plan $ 14,988 $ 14,988 $ 29,975 Task 16: Reimbursable Expenses $ 17,843 $ 17,843 $ 35,686 Task 17: Harmful Algal Blooms $ 11,786 $ 11,786 $ 23,573 Task 18: Power Planning $ 15,711 $ - $ 15,711
Task 19: Unit and Process Control Plan $ 53,503 $ 53,503 $ 107,006 Task 20: Ponds-Wetlands Management and Return Infrastructure $ 118,346 $ 115,230 $ 233,576 Total $ 900,674 $ 582,255 $ 1,482,930
EXHIBIT 1 723
DETAILED BUDGET
Managing
Partner Partner
Principal
Scientist
Resource
Director
Resource
Director Associate Associate
Senior
Engineer II
Senior
Scientist II
Project
Scientist II
Project
Scientist I
Project
Scientist I
Staff
Engineer II
Admin
Assistant
Michael
Bryan
Art
O'Brien
Keith
Whitener
Paul
Bedore Cori Bradley
Michelle
Brown
Cameron
Irvine Cyle Moon
Ellen
Preece
Hailey
Price
Teresa
Lopez
Whitney
Thorpe Matt Burgi
Annelise
Eastes
PROFESSIONAL SERVICES
Task 1: Permit Management/Calendar/Schedule 8 12 40 4 $ 15,450 $ - $ 15,450 $ - $ 15,450 Task 2: Representation at Meetings and Tracking of Regulatory Developments 32 100 100 30 $ 39,577 $ 40,764 $ 80,341 $ - $ 80,341 Task 3: Monitoring and Reporting 12 40 24 40 32 $ 19,127 $ 19,701 $ 38,828 $ - $ 38,828 Task 4: Outfall and Modifications Project Continuing Services 40 50 80 $ 21,465 $ 22,109 $ 43,574 $ - $ 43,574 Task 5: Groundwater $ 36,553 $ 6,995 $ 43,548 $ 159,552 $ 203,100 Subtask 5.1: Groundwater Monitoring, Laboratory Analyses, and Reporting 12 32 $ 7,357 $ 6,995 $ 92,613 $ 4,631 Subtask 5.2: Best Practicable Treatment or Control 6 16 32 16 $ 19,747 $ - $ 20,816 $ 1,041 Subtask 5.3: Well Closures 6 18 6 $ 9,449 $ - $ 38,525 $ 1,926 Task 6: Annual Reports 12 40 8 40 $ 13,474 $ 13,879 $ 27,353 $ - $ 27,353 Task 7: Sewer Use Ordinance and Enforcement Response Plan Revisions 40 40 40 $ 16,439 $ 16,932 $ 33,371 $ - $ 33,371 Task 8: ROWD and NPDES Permit Negotiation 40 8 154 8 8 36 8 $ 82,048 $ - $ 82,048 $ 15,000 $ 750 $ 15,750 $ 97,798 Task 9: Laboratory Compliance 8 10 40 $ 7,188 $ 7,404 $ 14,592 $ - $ 14,592 Task 10: Biosolids Treatment and Disposal 24 20 4 $ 15,825 $ - $ 15,825 $ 71,000 $ 3,550 $ 74,550 $ 90,375 Task 11: Miscellaneous Operational and Regulatory Support 20 24 100 16 160 24 160 $ 68,355 $ 70,406 $ 138,760 $ - $ 138,760 Task 12: Meetings with City Staff and Council 30 30 100 100 $ 40,803 $ 42,028 $ 82,831 $ - $ 82,831 Task 13: Project Management 48 12 200 80 30 55,221 $ $ 56,878 $ 112,099 $ - $ 112,099 Task 14: Whole Effluent Toxicity (WET) Compliance 16 24 120 40 $ 29,030 $ 29,900 $ 58,930 $ - $ 58,930 Task 15: Evaluation of Compliance with Thermal Plan 24 8 16 32 32 $ 14,766 $ 15,209 $ 29,975 $ - $ 29,975 Task 16: Reimbursable Expenses -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- $ 35,686 $ - $ 35,686 Task 17: Harmful Algal Blooms 12 24 24 20 $ 11,612 $ 11,961 $ 23,573 $ - $ 23,573 Task 18: Power Planning 8 16 $ 7,836 $ - $ 7,836 $ 7,500 $ 375 $ 7,875 $ 15,711 Task 19: Unit and Process Control Plan 32 60 370 $ 52,712 $ 54,294 $ 107,006 $ - $ 107,006 Task 20: Ponds-Wetlands Management and Return Infrastructure $ 117,340 $ 116,236 $ 233,576 $ - $ 233,576 Subtask 20.1: Identification of the City’s Goals and Objectives 16 4 6 12 12 $ 16,338 $ - Subtask 20.2: Feasibility Analysis and Development of Alternatives 8 8 12 8 32 24 32 $ 33,887 $ - Subtask 20.3: Develop Documentation to Facilitate Preferred Alternative 16 16 40 24 100 80 80 40 100 $ 67,115 $ 69,128 Subtask 20.4: Action Implementation Assistance and Monitoring 12 24 40 40 40 16 $ - $ 47,108 Total Hours by Staff Person 322 190 122 1046 16 224 366 750 24 194 350 212 790 34 2025 Billing Rate $ 359 $ 352 $ 324 $ 310 $ 310 $ 300 $ 300 $ 293 $ 293 $ 243 $ 222 $ 222 $ 207 $ 118 2026 Billing Rate $ 370 $ 363 $ 334 $ 319 $ 319 $ 309 $ 309 $ 301 $ 301 $ 250 $ 229 $ 229 $ 213 $ 122 Total by Staff Person $ 102,568 $ 64,775 $ 40,206 $ 275,815 $ 4,960 $ 65,623 $ 96,708 $ 204,507 $ 7,126 $ 47,923 $ 68,037 $ 48,007 $ 159,183 $ 4,081 -- -- $ 1,225,203 $ 1,482,930
DIRECT EXPENSES
TOTAL BUDGET $ 1,482,930
Subconsultant
Subtotal
City of Stockton NPDES Compliance and Program Assistance Contract Budget for 2025 and 2026 RBI 2026
Services
Subtotal
RBI 2025
Services
Subtotal
RBI 2025-2026
Subtotal
Robertson-Bryan, Inc. Subconsultants
Condor Earth Task Total
West Yost
Associates
RBI 5% Admin
Markup
EXHIBIT 1 724
2025–2026 FEE SCHEDULE
Charges for project work performed by Robertson-Bryan, Inc. (RBI) will be calculated and billed at RBI’s 2025 and 2026 rates. Rates are adjusted annually, effective December 16th. Accordingly, RBI has yet to prepare its 2025 and 2026 rates. The 2025–2026 NPDES services budget was prepared assuming an annual 3% increase of RBI’s 2024 billing rates for each calendar year. RBI’s hourly rates for 2024 are attached below.
2024 FEE SCHEDULE
PROFESSIONAL SERVICES RATE/HOUR
♦ Managing Partner $349.00
♦ Partner $342.00
♦ Managing Principal Engineer/Scientist $333.00
♦ Principal Engineer/Scientist $315.00
♦ Resource Director $301.00
♦ Associate $291.00
♦ Senior Engineer/Scientist II $284.00
♦ Senior Engineer/Scientist I $269.00
♦ Project Engineer/Scientist III $247.00
♦ Project Engineer/Scientist II $236.00
♦ Project Engineer/Scientist I $216.00
♦ Staff Engineer/Scientist II $201.00
♦ Staff Engineer/Scientist I $185.00
♦ Technical Analyst $172.00
♦ Graphics/GIS $153.00
♦ Laboratory Compliance Specialist $149.00
♦ Administrative Assistant $115.00
♦ Intern $71.00
Up to ten percent (10%) of subcontractor charges will be added to cover administrative costs.
Hourly rates will be increased by a minimum of fifty percent (50%) for depositions, trials, and hearings.
EXHIBIT 1 725
City of Stockton
Legislation Text
File #: 24-1121, Version: 1
ADOPT A RESOLUTION TO FINALIZE A GRANT APPLICATION FOR THE BOATUS
FOUNDATION ABANDONED AND DERELICT VESSELS PROGRAM
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize the City Manager to sign, apply for, and accept a BoatUS Foundation Abandoned Derelict Vessels (ADV) Program grant application up to $1,000,000.
2. Authorize the City Manager to finalize the grant application and all information submitted for consideration and to certify that the Municipal Utilities Department has and will provide up to $1,000,000 in non-federal cost-share funding and/or in-kind contributions specified in the grant funding plan.
3. Authorize the City Manager to certify the City has and will comply with all statutory and regulatory requirements related to any grant funds.
It is further recommended that the City Manager be authorized to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
On May 22, 2024, the derelict, motor vessel (M/V) Aurora, sank in Little Potato Slough in the Sacramento-San Joaquin Delta near the end of Eight Mile Road. The sinking of the 294-foot ship caused a significant petroleum spill and other contamination into the waterway less than a mile from the City of Stockton’s Delta Water Treatment Plant Intake Pump Station (IPS). The IPS supplies raw water to the treatment plant that serves approximately 200,000 customers daily. The City of Stockton Municipal Utilities Department (MUD) operations staff immediately shut down the IPS to prevent contamination of the water supply, intake, and water treatment plant infrastructure. MUD operations relied on other sources of water supply for treatment and delivery to the service area.
The BoatUS Foundation Abandoned Derelict Vessels program is sponsored through the National Oceanic and Atmospheric Administration and provides grants to remove derelict vessels nationwide.
In August, MUD submitted a notice of intent to apply to the BoatUS Foundation and was later invited to apply for a grant. A grant from this program would provide significant help to cover costs for in the removal effort.
If approved, this resolution will authorize the City Manager to take all actions, including signing, applying for, accepting, and finalizing the grant application and other documentation to receive up to $1,000,000 from the BoatUS Foundation ADV Program to help cover expended costs to remove, salvage, and dispose of the M/V Aurora. The removal of the vessel will prevent further contamination City of Stockton Page 1 of 3 Printed on 11/14/2024
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of the waterway and protect the quality of the City’s water supply, and the environment, into the future.
DISCUSSION
Background
The M/V Aurora sank less than a mile from the IPS. When notified of the spill, MUD operations staff shut down the IPS to prevent contamination of the water supply, intake, and water treatment plant infrastructure. As a result, MUD operations relied on other sources of water supply for treatment and delivery to the service area.
A Unified Command, including the California Department of Fish & Wildlife, U.S. Coast Guard (USCG), San Joaquin County Sheriff’s Office and the City, was established on May 23, 2024, to respond to the spill. The USCG, utilizing the National Oil Spill Trust Fund, contracted with Global Diving and Salvage Inc. to contain the spill, refloat the vessel, and remove petroleum and hazardous materials from the site.
By June 27, 2024, the USCG completed its role in pollution removal including 22,000 gallons of oily water, 3,100 gallons of household hazardous waste, and five 25-yard bins of debris from the vessel.
Following the completion of the petroleum removal operation, the Unified Command was disbanded.
However, access issues and debris prevented the removal of additional contamination that remains onboard the vessel.
In June 2024, the City Manager approved the MUD request for emergency procurement authorization for costs associated with the removal and salvage of the vessel in accordance with the City Manager Emergency Contract and Procurement Adminstrative Policy (17.05.150) and Stockton Municipal Code section 3.68.070. Under this procurement authorization, MUD hired marine contractors to monitor and maintain onboard sump pumps, fans and electrical generators to address interior air quality and water ingress to prevent possible sinking.
Present Situation
The MUD contracted with marine surveyors and contractors to prepare a disposal and salvage plan for the vessel. Once accepted by the USCG, the contractors will complete the plan based on a schedule approved by MUD. Given the complexity, scale of operation, and size of the M/V Aurora, disposal costs will be significant. The MUD has petitioned other local, state and federal agencies for possible financial assistance in the effort. In response, the State Lands Commission, under the Abandoned and Derelict Vessel Program, has committed to help in the salvage and disposal. In addition, the US EPA has been approached regarding specific materials abatement efforts.
The BoatUS Foundation Abandoned Derelict Vessels program is sponsored through the National Oceanic and Atmospheric Administration and provides grants to remove derelict vessels nationwide.
In August, MUD submitted a notice of intent to apply to the BoatUS Foundation and was later invited to apply for a grant. A grant from this program would provide significant help in the salvage and disposal of the M/V Aurora.
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If approved by the City Council, MUD staff will provide the BoatUS Foundation with all documentation needed to apply for up to $1,000,000 in grant funding from the ADV Program. The funding will be used to help recover expenditures incurred from removal and disposal of the M/V Aurora. The removal of the vessel will prevent further contamination of the waterway and protect the quality of the City’s water supply, and the environment, into the future.
FINANCIAL SUMMARY
Grant funding will be available between FY 2024-25. Allocation of the grant funds will be appropriated in the Water Utility Federal Grant account. MUD will continue to work to recover all expended funds from possible responsible parties, organizations, and other State and Federal agency programs.
This action has no impact to the General Fund, or any other unrestricted fund.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION UP TO $1,000,000 FOR THE BOATUS FOUNDATION ABANDONED
AND DERELICT VESSELS PROGRAM
The BoatUS Foundation is administering a grant program with funds from the National Oceanic and Atmospheric Administration Marine Debris Program for removal of abandoned and derelict vessels (ADV); and
Through the ADV grant, the BoatUS Foundation funds projects to remove abandoned and derelict vessels that pose safety and environmental hazards; and The City of Stockton Municipal Utilities Department (MUD) was invited to submit an ADV grant application for funding assistance needed to help remove, salvage, and dispose of the derelict, Motor Vessel (M/V) Aurora; and This application will potentially provide funding on costs up to $1,000,000 involved in the final disposal of the M/V Aurora; and
The MUD is eligible to apply for funding assistance under the BoatUS Foundation’s ADV Program; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Manager, or designee, is hereby authorized, on behalf of the City of Stockton, to apply for, sign, and accept a grant up to $1,000,000.
2. The City Manager, or designee, is hereby authorized to finalize the BoatUS Foundation’s ADV Program grant application and all information submitted for consideration and is further authorized to certify the MUD has and will provide $1,000,000 in non-federal cost-share funding and/or in-kind contributions specified in the grant funding plan of $1,000,000.
3. The City Manager, or designee, is hereby authorized to certify that the City has and will comply with all statutory and regulatory requirements related to any grant funds.
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4. The City Manager, or designee, is hereby authorized to take all necessary and appropriate actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED November 19, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
730
City of Stockton
Legislation Text
File #: 24-1074, Version: 1
APPROVE FINDINGS AND AWARD AN ENGINEERING SERVICES CONTRACT TO CAROLLO
ENGINEERS, INC FOR THE DESIGN OF THE NORTHEAST RESERVOIR AND PUMP STATION PROJECT (UH24006)
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 which support and justify an exception to the competitive bidding process.
2. Award a Professional Services Agreement in the amount of $2,150,467 to Carollo Engineers, Inc. of Sacramento, CA, for the design of the Northeast Reservoir and Pump Station Project, UH24006 (Exhibit 1 to the Resolution).
3. Authorize the City Manager to execute the Professional Services Agreement.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
Summary
The 2021 Water Master Plan Update recommends the construction of a new water storage facility to address storage capacity demands and allow for future development in Northeast Stockton.
On March 26, 2024, MUD staff advertised a Request for Proposals (RFP) for design services for the Northeast Reservoir and Pump Station, Project UH24006. On May 16, 2024, one proposal was received. The Selection Committee evaluated the proposal from Carollo Engineers, Inc based on qualifications and experience, understanding of the work, project approach, project delivery, and project costs. The Selection Committee deemed the proposal responsive and regular in all respects.
It is recommended that the City Council approve findings pursuant to Stockton Municipal Code Section 3.68.070 to support and justify an exception to the competitive bidding process and award the Professional Services Agreement (PSA) to Carollo Engineers, Inc of Sacramento, CA, in the amount of $2,150,467, for the design of the Northeast Reservoir and Pump Station, Project UH24006.
DISCUSSION
Background
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The most recent Water Master Plan, adopted by the City Council in January 2021, recommends additional water storage capacity of up to four (4) million gallons (MG) in Northeast Stockton. The Northeast Reservoir and Pump Station project will provide increased storage to service the northeast Stockton area. The project is planned to accommodate increased water demands associated with future development.
The City of Stockton Municipal Utilities Department (MUD) currently owns a vacant site on the north portion of the La Morada Detention Basin No. 2, located at the southeast corner of Morada Lane and Union Pacific Railroad. MUD plans to develop the site with a storage reservoir facility with 4 MG in water storage capacity and pump station capability of 12 million gallons per day.
In January 2024, Siegfried Engineering prepared and submitted a feasibility memo and a geotechnical report for the La Morada Basin site. Field investigations included a topographic survey and a geotechnical subsurface investigation to determine the viability of the site for the proposed water tank improvements.
Present Situation
On March 26, 2024, MUD advertised the RFP for the Northeast Reservoir and Pump Station Project in the Stockton Record and on the City Bid Flash webpage.
A non-mandatory pre-proposal meeting was held on April 8, 2024, with five (5) engineering firms in attendance. The original RFP due date of April 25, 2024, was extended to May 16, 2024, as requested by potential proponents.
On May 16, 2024, one proposal was received from Carollo Engineers, Inc. A selection committee comprised of MUD Engineering staff evaluated the proposal based on the firm qualifications and experience, understanding of the work, project approach, quality and clarity of the proposal, project delivery, and costs. The proposal submitted by Carollo is responsive and regular in all respects.
Carollo Engineers, Inc. was found to be a qualified firm to perform design services for the project.
While several firms expressed interest during the pre-proposal meeting, ultimately only one firm submitted a proposal. A survey of the interested firms found that many faced workload challenges that affected their ability to prepare a proposal.
Staff negotiated a fee not-to-exceed $2,150,467 for professional engineering services, including a design report, construction plans, specifications and estimates), permitting, and environmental and engineering support during bidding and construction.
Staff recommend that the City Council approve a resolution to award a Professional Engineering Services Contract to Carollo Engineers, Inc, in the amount of $2,150,467, for the design of the Northeast Reservoir and Pump Station Project. It is anticipated that the design will be completed by spring 2026. Once the design is completed, staff will return to the City Council for the construction contract.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, the City Council may approve findings which support and justify an exception to the competitive bidding process. The following findings City of Stockton Page 2 of 3 Printed on 11/14/2024
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support and justify an exception:
1. The City does not have sufficient staff capabilities and expertise to design the project for bidding and construction.
2. The use of the RFP process is appropriate for this Professional Engineering Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor.
3. The RFP process selects a vendor that will provide the highest quality professional service, which is in the public interest.
This contract for professional engineering design services is not subject to Local Employment requirements.
FINANCIAL SUMMARY
There are sufficient funds in FY 2024-25 to cover current year expenditures. Additional funding will be requested during the FY 2025-26 Capital Improvement Plan (CIP) budgeting process. The funds are budgeted in the Water CIP Project UH24006 account.
There is no impact to the General Fund, or any other unrestricted funds, from this action.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AWARDING AN ENGINEERING SERVICES CONTRACT TO CAROLLO ENGINEERS, INC. IN THE AMOUNT OF $2,150,467 FOR THE DESIGN OF THE NORTHEAST RESERVOIR AND PUMP STATION PROJECT (UH24006)
The 2021 Water Master Plan Update recommends the construction of a new water storage facility to address storage capacity demands and allow for continued development in Northeast Stockton; and
On March 26, 2024, MUD advertised a Request for Proposals for the Northeast Reservoir and Pump Station Project (UH24006) design services. On May 16, 2024, one proposal was received. The Selection Committee evaluated the proposal from Carollo Engineers, Inc. of Sacramento, CA, based on the firm qualifications and experience, understanding of the work, project approach, project delivery, and costs. The Selection Committee deemed the proposal responsive and regular in all respects; and Staff recommends the City Council award the Professional Services Agreement to Carollo Engineers, Inc. of Sacramento, CA, in the amount of $2,150,467, for the design of the Northeast Reservoir and Pump Station, Project UH24006; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The following findings are approved pursuant to Stockton Municipal Code section 3.68.070 to support and justify an exception to the competitive bidding process:
a. The City does not have sufficient staff capabilities and expertise to design the project for bidding and construction.
b. The use of the RFP process is appropriate for this Professional Engineering Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor. c. Using the RFP criteria helps ensure the selection of a vendor that will provide the highest quality professional service, which is in the public interest.
2. A Professional Services Agreement to Carollo Engineers, Inc. of Sacramento, CA, in the amount of $2,150,467, for the design of the Northeast Reservoir and Pump Station, Project UH24006 is hereby approved.
3. The City Manager is authorized to execute a Professional Engineering Services Contract for the design of the Northeast Reservoir and Pump Station, Project UH24006, in the amount of $2,150,467, between the City of Stockton and Carollo Engineers, Inc., a copy of which is attached as Exhibit 1 and incorporated by this reference. 734
4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED November 19, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
735
, Assoc. VP
Anne Prudhel, Exec. VP
9/16/24
EXHIBIT 1 736
EXHIBIT 1 737
EXHIBIT 1 738
EXHIBIT 1 739
EXHIBIT 1 740
EXHIBIT 1 741
EXHIBIT 1 742
EXHIBIT 1 743
EXHIBIT 1 744
EXHIBIT 1 745
EXHIBIT 1 746
EXHIBIT 1 747
EXHIBIT 1 748
EXHIBIT 1 749
EXHIBIT 1 750
EXHIBIT 1 751
EXHIBIT 1 752
EXHIBIT 1 753
EXHIBIT 1 754
EXHIBIT 1 755
EXHIBIT 1 756
EXHIBIT 1 757
EXHIBIT 1 758
EXHIBIT 1 759
EXHIBIT 1 760
EXHIBIT 1 761
EXHIBIT 1 762
EXHIBIT 1 763
EXHIBIT 1 764
City of Stockton
Legislation Text
File #: 24-1097, Version: 1
APPROVE MOTION TO ADOPT STANDARD AGREEMENT AMENDMENT NO. 2 BETWEEN FLOCK GROUP INC. AND THE CITY OF STOCKTON IN AN AMOUNT OF $1,196,700 FOR THE
ADDITION OF FLOCK SAFETY FALCON PLATFORM
RECOMMENDATION
It is recommended that City Council approve a motion to:
1. Authorize the City Manager to approve Standard Agreement Amendment No. 2 between Flock Group Inc. (Flock) and the City of Stockton (City), increasing the Compensation subsection by a maximum not to exceed amount of $1,196,700 for the addition of Flock Safety Falcon (Falcon) Platform and;
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
3. It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Summary
Falcon is an additional platform to the Stockton Police Department’s (SPD) Flock cameras and assists in effective communication with the public in emergencies reported to the Dispatch Center.
The platform is a law enforcement grade license plate recognition camera with Vehicle Fingerprint technology that alleviates the use of infrastructures by using solar power and LTE. This platform provides real-time alerts for unlimited users with a long range and high vehicle speed. Funding for the Standard Agreement Amendment was included in the award for the FY 2024-25 Office of Community Oriented Policing Services (COPS) Technology and Equipment Program (TEP). SPD is seeking Council approval to expand the current Flock contract to integrate the Falcon Platform in an amount not to exceed $1,196,700.
DISCUSSION
Background
The SPD COPS TEP funding was approved by motion at the November 12, 2024 City Council meeting. SPD was awarded the amount of $963,000 in revenues and expenditures for the Police Grants and Special Programs for the ability to purchase fundamental technology and equipment.
Through the current Flock contract, Falcon will provide a more robust License Plate Reader (LPR) platform to aid in identifying leads, solving criminal cases and reducing crime. The strategic City of Stockton Page 1 of 3 Printed on 11/14/2024
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placement of additional LPR cameras will include all main entry/exit points of the city, major commercial areas, and “hot” intersections with high traffic volume to assist with crime reduction and expedite the apprehension of criminals. SPD would also gain access to a network of over 500,000,000 license plate reads per month through the Northern California Regional Intelligence Center.
In September 2023, the City executed a contract for 15 cameras. This amendment will add 105 additional cameras to be placed throughout the City.
Present Situation
After analyzing the benefits and shortcomings of our existing LPR program and researching similar programs used by other regional and state departments, staff recommended expanding the program to multiple fixed LPR locations at key intersections throughout the city. With the TEP funding, the SPD will expand our partnership with Flock Safety for our LPR needs by adding 105 cameras for a total of 120. Flock Safety provides 1,000+ Law Enforcement Agencies in over 2,000 cities with a scalable solution for public safety that reduces crime by up to 60%.
Flock Safety is an all-encompassing system that does not solely depend upon vehicle license plates to identify vehicles used in crimes. Additionally, this system is not dependent upon our mobile units to drive by suspect vehicles. Fixed cameras will strategically be placed in high-traffic areas and areas affected by high crime based on crime analysis and data-driven policing. Detectives will be able to search vehicle type, make, color, license plate state, missing/covered plates, and other unique features like bumper stickers, decals, and roof racks, as obtaining a full license plate is uncommon.
Instead, the norm is primarily a suspect vehicle description. The LPR program also benefits many surrounding areas and their Law Enforcement agencies, as criminals often travel between jurisdictions, and information obtained from the program can be shared with other agencies. Flock’s cameras are solar operated and can read in excess of 30,000 license plates on a single charge.
Since September 2023, the existing 15 cameras have assisted with solving several armed robberies.
From April to May 2024, there were 17 armed robberies committed by two individuals. With the Flock technology, the SPD was successful in locating the license plate for the suspect vehicle, ultimately resulting in the arrest of two suspects involved. In addition to robberies, other crimes solved by utilizing Flock cameras include homicides and non-fatal shootings. Flock technology also assisted with the apprehension of the serial killer in 2022 with the help of our local law enforcement partners.
The SPD is committed to working with the community by keeping the city safe through the use of technology. The placement of additional LPR at all main entry/exit points of the city, major commercial areas, and intersections with high traffic volume will assist with reducing crime and expedite the apprehension of criminals. A LPR program encourages a public/private partnership between the SPD and the community, fostering relationships with homeowner associations and commercial businesses. The LPR cameras are installed to benefit all involved partners (HOA, businesses, and the SPD). One goal of this partnership is to protect businesses and shoppers using technology. Although the primary objective of this program is to support crime reduction efforts and support public safety for the City of Stockton, it has the benefit of incorporating other features that can be added as the program grows.
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Staff is seeking Council approval to expand the current Flock contract to integrate Falcon in an amount not to exceed $1,196,700 to assist with daily operations to maximize effectiveness and efficiencies with every call for service and investigations in the apprehension of suspects.
Findings
Stockton Municipal Code section 3.68.070 provides for an exception to the competitive bidding requirements in cases wherein the City Council has made findings that support and justify the purchase via a cooperative purchasing agreement.
Findings to support the purchase are as follows:
1. Flock Safety has proprietary rights on technology that is not limited to just reading license plates. Law Enforcement can enter vehicle descriptors into their system to gain positive results.
2. There is a limited market of service providers who perform this type of work with government agencies that provides the significant accuracy rate of the Flock devices.
Flock provides law enforcement software products already utilized by the SPD; expanding the existing portfolio protects continuity of critical services.
FINANCIAL SUMMARY
The proposed cost of this amendment is not to exceed the amount of $1,196,700, with a total contract amount of $2,171,700. Funding for year one of Falcon is included in the FY 2024-25 COPS TEP Grant Police Other Special Revenue fund, Reimbursements sub fund, Investigations division, and Special Investigation program. Future year funding requests for Falcon will be requested through the annual budget process.
Attachment A - Flock Amendment 2
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1 (Rev. 03.21.22)
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT
This Amendment Number ____2_____ to the above referenced Agreement is entered into on_________________ between the City of Stockton (“City”) and Flock Group Inc.
RECITALS
Exhibit A Term and Termination, Paragraph 7.1 Changes, states that both parties may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit A Entire Agreement, Paragraph 11.4 Changes, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and Exhibit A Special Terms, Paragraph 11.7 Changes, states specials terms which are indicated in the proposal and shall become part of this Amendment; and
The City needs to increase the Compensation, Not to Exceed amount in the Order Form of the Standard Agreement, by $1,196,700 to pay the Contractor to cover Flock Safety Falcon services.
Now therefore, the City and the Contractor mutually agree as follows:
1.The termination date in Paragraph 2 of the Standard Agreement is amended to:
August 1, 2028
2.The maximum not to exceed amount to be paid to the Contractor, including if authorized, reimbursement of expenses, in Exhibit A Order Form, will now read as follows:
1.1 “The maximum the Contractor shall be paid on this Agreement is $1,196,700 (hereafter the “not to exceed” amount) for 3 years. The “not to exceed” amount includes City approved reimbursable expenses, if any, and all payments to be made pursuant to this Agreement’s sum for the initial term and extended term. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit A Section 2 or other requirements of this Agreement.
Initial Term the maximum not to exceed amount is $975,000 Extended Term the maximum not to exceed amount is $1,196,700 Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $2,171,700
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
3. The Contractor will provide the Safety Falcon platform, which will provide law enforcement grade infrastructurefree (solar power and LTE), long range and high vehicle speed license plate recognition cameras with Vehicle Fingerprint technology and real-time alerts for unlimited users. The contractor will also provide an application programming interface (API) for outbound license plate reader lookup and alerts integrated with Peregrine. In the maximum not to exceed amount of $1,196,700 for 3 years.
Agreement Number: Amendment
Number:
423000702 2
Attachment A
Docusign Envelope ID: 43AA8B09-0B2A-4B60-A632-1B35AE12C246 768
2 (Rev. 03.21.22)
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Flock Group Inc.
_____________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_____________________________________________________________________________________________ Authorized Signature Date
_____________________________________________________________________________________________ Printed Name and Title of Person Signing
_____________________________________________________________________________________________ Address
CITY OF STOCKTON
_____________________________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
_____________________________________________________________________________________________ Katherine Roland, CMC, CPMC
Interim City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
Attachment A
Docusign Envelope ID: 43AA8B09-0B2A-4B60-A632-1B35AE12C246 Mark Smith General Counsel
10/28/2024
1170 Howell Mill Road NW, Suite 210, Atlanta, GA 30318
769
Vendor: Date: 10/08/24
Dept: Contract/PO Number: 423000702Account # Requestor: Briona Schneider $97,400.00
04/01/2304/01/25
$2,171,700.00$2,074,300.00
Effective Date: Dec 2, 2021 Available CCO Funding:
CM Authority: $ 100,000 08/01/28
D M WD CM CC
Last Council ActionTotal approved CCOs since last Council Action $97,400.00 $2,600.00
1 Change in Scope/Increase in Funding - Prepared 911 $877,600.00 4 Y 07/30/24 $975,000.00 $197,500.002 Change in Scope/Increase in Funding - Falcon LPR $1,196,700.00 36 Y $2,171,700.00 ($999,200.00) Total CCO Amount and Time Extension To-Date -----> $2,074,300.00 40
CHANGE ORDER CALCULATOR
Description
Required
Approval by: Date CC Approved
(mm/dd/yy)
Revised
CCO No. CCO Authority Balance
Requested
CCO Amount
Revised
Contract Amount
Original Contract Amount:
Original Contract Award Date:
Original Contract Expiration Date:
Authorized CCO Amount to date:
Police DepartmentFlock Group Inc
ENTRIES IN BOLD RED INDICATE
YOUR BALANCE OF CM AUTHORITY CCO AMOUNT IS EXCEEDED.
YOU MUST GO TO COUNCIL FOR APPROVAL.
P025007
PREVIOUSLY APPROVED CCOs
NEW PROPOSED CCOs
Contract Expiration to date:
Contract Amount to date:
Time Extensions