EXHIBIT 239 260
• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
EXHIBIT 240 261
FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
EXHIBIT 241 262
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.
Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action EXHIBIT 242 263
within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:
EXHIBIT 243 264
(1) The number and work hours of minority and nonminority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
EXHIBIT 244 265
(ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph EXHIBIT 245 266
2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Actscovered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
EXHIBIT 246 267
(5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with EXHIBIT 247 268
the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR
5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or EXHIBIT 248 269
mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lowertier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
EXHIBIT 249 270
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on longstanding interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federalaid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
EXHIBIT 250 271
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees 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 Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.
The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
EXHIBIT 251 272
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily EXHIBIT 252 273
excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal 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 any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. 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 any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. 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.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
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ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
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Confirmation Sampling
Surficial and shallow subsurface soil samples (0 to 4 feet bgs) may be collected as warranted using trowels, hand-augers, and/or slide hammer equipment. Samples collected from depths greater than four feet bgs will be brought to the surface with the excavating equipment and sampled from the equipment bucket using the same sampling procedures.
The appropriate sampling equipment will be chosen as dictated by conditions. Samples will be collected using laboratory-cleaned or field-decontaminated equipment as required in the project work plan. Samples will be collected in stainless steel liners. With the exception of volatile organic constituents, the soil sample should be well mixed to produce a representative sample.
The stainless steel tube will be labeled with an adhesive label and placed in a zip-lock bag. The sample will then be placed on ice in a cooler. Standard chain-of-custody procedures will be followed.
The soil sample liners retained for chemical analysis will be immediately sealed with Teflon tape, fastened with a plastic cap, and labeled. The samples will then be placed into an ice chest containing sufficient volume of ice to maintain a temperature of 4 degrees centigrade ( °
C) for
transport to the off-site analytical laboratory following chain-of-custody protocols for 24-hour to 5-working day turnaround on results.
Equipment Decontamination Procedures
All equipment used during investigation activities that could come into contact with the samples will be thoroughly cleaned, before and after each use. In between soil .sampling intervals, the soil samplers will be rinsed with tap water, rinsed with non-phosphate detergent solution, and double rinsed with tap water to remove detergent, and air dried. 25971010.PJC 10 5 March 2004
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Tread\W,ll&Rollo
We will provide this document to City of Stockton Public Works, Police, and Fire Departments for comment prior to commencing transportation activities. If field conditions necessitate, these routes may be changed.
All off site disposals will comply with local, State, and Federal regulations (e.g., proper manifesting). Final project quantities will be reported at the conclusion of the work.
7.0 SCHEDULE
Final RDIP Submittal
DTSC Approval of RDIP
Mail Fact Sheet
Commence Remedial Excavation and Off Site Disposal
Finish Remedial Excavation and Off Site Disposal
Remedial Action Completion Report Submittal
8.0 HEALTH AND SAFETY PLAN
5 March 2004
12 March 2004
15 March 2004
22 March 2004
2 April 2004
2 May 2004
Treadwell & Rollo has prepared a Health & Safety Plan (HASP) in accordance with the California Code of Regulations (CCR), Title 8, Section 1592 and the Code of Federal Regulations (CFR), Title 29, Section 1910.120, to address the excavation activities to be conducted by Treadwell & Rollo personnel (Appendix A). HASPs for Swinerton Builders and their subcontractors are provided for DTSC's review as Appendices B and C.
The purpose of the HASP is to provide field personnel with an understanding of the potential chemical and physical hazards, protection of any off-site receptors, procedures for entering the project site, health and safety procedures, and emergency response to hazards should they occur.
All project personnel shall read and adhere to the procedures established in this HASP. A copy of this plan will be kept onsite during field activities and will be reviewed and updated as necessary.
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If the injury is minor, administer first aid and immediately notify the Health and Safety Officer.
First aid equipment will be located onsite inside the T &R field vehicle. Call for an ambulance or medical assistance, if necessary. When the skin is exposed to chemicals; wash off skin with a large amount of potable water immediately. Remove any contaminated clothing and rewash skin using soap, if available. When eyes are exposed to chemical(s); hold eyelid open and rinse the eye immediately with copious amounts of water for 15 minutes. The wearing of contact lenses by site personnel is prohibited. However, if someone at the site is wearing contacts, have the person remove his/her contact lenses, if possible. Never permit the eyes to be rubbed. Transport person to a hospital, if necessary.
6.2 Emergency Evacuation Procedures
Various emergencies may warrant a site evacuation. These may include: fire, explosion, chemical release, or personal injury. Field team personnel encountering a hazardous situation shall instruct others on site to shut down operations and immediately evacuate the vicinity.
Contact the Health and Safety Officer and/or the Project Manager for instructions.
In the event of an evacuation, the work crew will move upwind, if possible. The post-evacuation meeting place will be identified at the daily health and safety meeting. If the Health and Safety Officer and Project Manager determine that conditions warrant evacuation of downwind residences and commercial operations, local agencies will be notified and assistance requested. 14 25970211.DGD 16March2000
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Exhibit I
SUBAWARD AGREEMENT
Special Funding Terms and Conditions
The City of Stockton has entered into this agreement using funds governed by the American Rescue Plan Act, distributed by the U.S. Department of the Treasury (“Treasury”). The funding available is governed under sections 602 and 603 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act of 2021 (“ARPA”). The ARPA established the Coronavirus State and Local Fiscal Recovery Funds (the “SLFRF statute”) for eligible recipients to address the economic and health consequences of the pandemic. Under ARPA, the SLFRF statute is to be used for payments for specified uses to certain nonentitlement units of local government. In consideration of the mutual promises contained in this AGREEMENT to carry out the purposes of the subaward on behalf of the City, the CITY and CONTRACTOR agree as follows:
1. SURVIVAL OF PROMISES. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the AGREEMENT expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable federal or state statutes of limitation.
2. SEPARATE ACCOUNTING. The CONTRACTOR will establish a separate account for all funds specified in this AGREEMENT and will use the funds to purchase necessary supplies, defray travel, and will employ the necessary personnel to perform the Work specified in this AGREEMENT. The CONTRACTOR shall also establish and maintain, if applicable, such accounting and documentation of matching expenditures of the CONTRACTOR to satisfy the requirements of the PROJECT.
3. AUDIT. The CITY, and any other appropriate government agency authorized by law, or their duly authorized representatives shall, until five (5) years after final payment under this AGREEMENT, have access to any of the CONTRACTOR’s records related to this AGREEMENT, at the CONTRACTOR’s regular place of business, for the purpose of conducting audits. The period of access for records relating to a) appeals under a dispute, b) litigation or settlement of claims arising from the performance of this AGREEMENT, or c) costs and expenses of this AGREEMENT to which exception has been taken shall continue until such appeals, litigation, claims, or exceptions are disposed of.
4. AUTHORIZED USE OF FUNDS. The CONTRACTOR shall use or expend the funds provided by this AGREEMENT only for the purposes for which they were appropriated. Further, the funds provided by the CITY shall be used by the CONTRACTOR only for the purpose and activities specified in the AGREEMENT, including associated attachments and exhibits which is attached hereto and incorporated herein by reference as if fully set forth here.
5. COMPLIANCE WITH COST PRINCIPLES AND RELATED REGULATIONS. The CONTRACTOR will not be reimbursed for expenditures under this AGREEMENT that do not comply with the ARPA and Related Regulations that are incorporated.
6. PUBLICATIONS. The CONTRACTOR shall be free to publish results of the Work provided that the terms of the PROJECT are met and the review copies of materials intended for publication are submitted to the CITY’s PROJECT Director at least 45 days prior to publication.
7. CONFIDENTIAL INFORMATION. CONTRACTOR acknowledges that it may be necessary for CITY to disclose certain confidential and proprietary information to CONTRACTOR in order for CONTRACTOR to perform duties under this AGREEMENT. CONTRACTOR acknowledges that any disclosure to any third party or any misuse of this proprietary or confidential information may irreparably harm the CITY.
Accordingly, CONTRACTOR will not disclose or use, either during or after the term of this AGREEMENT, any proprietary or confidential information of the CITY without the CITY’s prior written permission.
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8. DELAYS. CONTRACTOR shall notify the CITY promptly of any expected delay in performance of services. However, CONTRACTOR shall not be liable for delays in performance beyond reasonable control.
9. ARPA GUIDELINES – CONTRACTOR AS SUBRECIPIENT
CONTRACTOR is classified as a Subrecipient under ARPA, which is an entity that receives a subaward from the CITY to carry out a program on behalf of the CITY using SLFRF funds. As a beneficiary of SLRFR funds from the CITY, CONTRACTOR must comply with the ARPA guidelines in order to be eligible for a grant. The guidelines, titled Compliance and Reporting Guidelines: State and Local Fiscal Recovery Funds, as amended by Treasury (the “Guidelines”), are incorporated into this AGREEMENT by reference. The Guidelines can be found at https://home.treasury.gov/policyissues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local-fiscal-recoveryfunds/recipient-compliance-and-reporting-responsibilities. In ensuring compliance with these Guidelines, CONTRACTOR serves as a first line of defense against fraud, waste, and abuse of federal money.
As further described in the Guidelines, CONTRACTOR will generally be subject to the requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards, 2 CFR Part 200. This includes, but is not limited to,
A. The implementation of internal controls and effective monitoring to ensure compliance with 2 CFR Part 200, including generally identifying direct and indirect costs and treating each cost consistently in like circumstances.
B. Ensuring that procurements using SLFRF funds, or payments under procurement contracts using such funds, are consistent with the procurement standards set forth in the Uniform Guidance at 2 CFR § 200.317 through 2 CFR § 200.327, as applicable.
C. If CONTRACTOR expends more than $750,000 in Federal awards during its fiscal year, submitting to an audit under the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F.
The CITY may request detailed expenditure information from CONTRACTOR in order for CITY to comply with its own reporting obligations. CONTRACTOR will be required to promptly provide any requested information to the CITY, even after the award term has expired. Among other things, the CITY may require information about the structure and objectives of the PROGRAM and information about how many individuals have been served by CONTRACTOR.
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BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, (CONTRACTOR), a STATE OF CA CORPORATION, as Principal and ___, a corporation,
organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of _______________________ DOLLARS ($X,XXX,000.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
BANNER ISLAND BALLPARK RENOVATION
PROJECT NO. PUR 25-004
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or Corporation or its Subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on
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APPROVED AS TO SURETY: By
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By
ATTORNEY-IN-FACT
By
DEPUTY CITY ATTORNEY
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BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, (CONTRACTOR), a STATE OF CA CORPORATION, as Principal and , a corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of _____________ DOLLARS ($X,XXX,000.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said City of Stockton and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
BANNER ISLAND BALLPARK
PROJECT NO. PUR 25-004
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its Subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond,
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provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on .
APPROVED AS TO SURETY: By
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCIONOFFICE OF THE CITY ATTORNEY
By
ATTORNEY-IN-FACT
By
DEPUTY CITY ATTORNEY
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City of Stockton
Legislation Text
File #: 24-1098, Version: 1
APPROVE CONTRACT WITH MARK THOMAS & COMPANY INC FOR THE DOWNTOWN
STOCKTON MULTIMODAL TRANSPORTATION NETWORK AND LAND USE COMPATIBILITY
ACTION PLAN
RECOMMENDATION
It is recommended that the City Council authorize by motion:
1. A contract in the amount of $427,500 from the Caltrans Sustainable Transportation Grant Award to Mark Thomas & Company Inc. for consulting services to prepare the Downtown Stockton Multimodal Transportation Network and Land Use Compatibility Action Plan; and
2. The execution of the Standard Agreement substantially similar in form to Attachment A.
It is also recommended that the City Council authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of the motion.
Summary
The Sustainable Transportation Planning Grant Program was created to support the California Department of Transportation’s (Caltrans) Mission: Provide a safe and reliable transportation network that serves all people and respects the environment. The San Joaquin Council of Governments, in collaboration with the San Joaquin Regional Rail Commission (SJRRC), San Joaquin Regional Transit District (SJRTD), and staff from the Economic Development Department (EDD), successfully applied for funding under the Strategic Partnerships category for the Downtown Stockton Multimodal Transportation Network and Land Use Compatibility Action Plan (Action Plan). The City of Stockton was identified as a sub-applicant, and SJCOG was listed as the primary applicant.
On December 5, 2023, City Council adopted a resolution to accept and appropriate the $450,000 Caltrans grant award (Attachment B - Resolution 2023-12-05-1205). The award will enable the creation of a comprehensive multimodal transportation and land use study within the City’s Downtown.
In May 2024, the City published a Request for Proposals (RFP) to identify and select a firm to conduct all activities required under the Caltrans grant for the creation of the Action Plan. The City received four proposals and after thorough review and scoring of the proposals, staff selected Mark Thomas & Company. Staff recommends approval of a contract in the amount of $427,500 with Mark Thomas & Company Inc. to prepare the Action Plan and to conduct all associated activities, including community outreach.
DISCUSSION
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Background
The City of Stockton has partnered with SJCOG, San Joaquin Regional Transit District (SJRTD), and San Joaquin Regional Rail Commission (SJRRC) on joint projects and funding opportunities in the past. Successful examples have included the Miner Avenue Complete Streets Project, the California Street Multimodal Corridor Project, Channel Street Improvements, and the Grand View Village housing development in Downtown Stockton. The creation of a Downtown Stockton Multimodal Transportation Network and Land Use Compatibility Action Plan will identify future opportunities to enhance economic conditions within the Downtown.
The activities to be conducted as part of the Plan’s development include stakeholder outreach and public engagement, an equity and displacement analysis, and an alternatives analysis involving a series of benefit cost analyses and economic impact studies. The resulting Plan will propose infrastructure and programmatic recommendations for advancing joint-development at Cabral Station and transit-oriented development in the Downtown. The Plan will develop a vision for a safe and vibrant community that integrates the future multimodal transportation network with infill development opportunities.
The Plan will advance the goals and objectives of the City’s adopted Economic Development Strategic Action Plan (EDSAP). In particular, the EDSAP outlines a broad strategy for transforming Downtown into a thriving, connected City Center through infrastructure upgrades, multimodal corridor strategies, and full-spectrum housing development. The EDSAP also prioritizes state-facing activities to attract funding for the City of Stockton and supports opportunities for economic mobility for all residents.
Present Situation
With the award of $450,000 through the Caltrans Sustainable Transportation Planning Grant Program, the City has until February 2026 to complete the full scope of work. The grant expiration date is June 30, 2026 and activities will commence upon approval and execution of the contract with Mark Thomas & Company. EDD staff will be responsible for overseeing the grant activities and deliverables, as well as ensuring compliance with the match requirements of the grant.
The proposed contract with Mark Thomas & Company Inc. is included as Attachment A and outlines the full spectrum of activities that the contractor will complete during the term of the contract. The primary objective is to develop an Action Plan that will seek to enhance the multimodal connections between the existing Downtown Transit Center, Robert J. Cabral Train Station, and the San Joaquin Street Station. To do this, the contractor will analyze the Downtown Stockton existing mobility and land use conditions, identify constraints and areas of opportunity, and propose infrastructure and programmatic recommendations. Project implementation will involve an existing conditions analysis, stakeholder and public engagement, an equity and displacement analysis, an alternatives analysis of potential scenarios, a project strategy and action plan, and a summary report. The alternative analysis will include a benefit-cost analysis and economic impact study for all scenarios so that projects or initiatives can be ranked relative to their cost and benefit to the community.
Throughout the term of the grant, the contractor and EDD staff will coordinate closely with other City Departments on the performance of activities, including the Community Development Department City of Stockton Page 2 of 3 Printed on 11/27/2024
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(CDD) and Public Works (PW) Department. For example, the existing conditions analysis will require input from PW on the state of pedestrian, bicycle, transit, and vehicular networks, while CDD staff will help to inform the market conditions, land, use, and housing needs assessment. As the alternatives analysis is developed, CDD and PW staff will have an opportunity to provide input on recommendations related to complete streets, joint development, transit-oriented development, and multimodal connectivity.
The final project strategy and Action Plan will integrate feedback from CDD and PW staff so that the preferred alternative is consistent with, and complementary to, the Capital Improvement Program, Envision Stockton 2040 General Plan, and EDSAP. During implementation of the Action Plan, staff will coordinate to identify funding opportunities, pursue joint grant applications, and advance the recommended strategies over time.
Staff recommends approval of a Standard Agreement, substantially similar in form to Attachment A, in the amount of $427,500 with Mark Thomas & Company Inc. to prepare the Downtown Stockton Multimodal Transportation Network and Land Use Compatibility Action Plan, as funded by the $450,000 award through the Caltrans Sustainable Transportation Planning Grant Program.
FINANCIAL SUMMARY
There is no impact to the General Fund from this action. The total award through the Caltrans grant is $450,000, with 5% of the award retained for project and grant administration by SJCOG and the City of Stockton - equating to $14,700 for the City of Stockton’s administration of the project and $7,800 for SJCOG’s administration of the grant. Prior Council action to accept the grant award (Resolution 2023-12-05-1205) authorized $18,500 in local match from the City of Stockton, to be met through an in-kind contribution of staff time and funded with budgeted salaries in EDD’s General Fund.
The remaining amount of the reimbursable grant award ($427,500) is being recommended for contracting with Mark Thomas & Company for the completion of the Action Plan and associated activities. There is sufficient budget in the Special Grant Fund, Reimbursement Grants sub-fund, in the Economic Development division account, to support the contract award.
Attachment A - Standard Agreement
Attachment B - Resolution 2023-12-05-1205
City of Stockton Page 3 of 3 Printed on 11/27/2024
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CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
_____________________________________________________________________________
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
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<(6 ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
CITY OF STOCKTON
_________________________________________________________BB________________ +DUU\%ODFN City Manager Date
ATTEST:
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APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:
Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –
H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
ATTACHMENT A
Contractor’s Name (if other th
_____________________________
A th i d Si t
Mark Thomas & Company Inc. consultant services
12/3/2024 2/28/2026
427,500
Professional Services Special Terms & Conditions
ARPA
Mark Thomas & Company Inc.
Matt Brogan, Division Manager + Principal
701 University Avenue, Suite 200 Sacramento, CA 95825
11/14/24
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EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 On December 5, 2023, City Council authorized a resolution (Resolution 2023-12-05-1205) to accept funding for the California Department of Transportation (“Caltrans”) Sustainable Transportation Planning Grant awarded to the San Joaquin Council of Governments (“SJCOG”).
1.2 On May 30, 2024, a Request for Proposals (RFP) was published to solicit proposals from qualified firms for the development of a Downtown Stockton Multimodal Transportation Network and Land Use Compatibility Action Plan, as required by the Caltrans Grant.
1.3 Mark Thomas & Company, Inc. has been selected to perform the activities outlined in PUR 24-041, including the development of an existing conditions analysis, stakeholder and public engagement, an equity and displacement analysis, an alternatives analysis, an action plan, and final report.
1.4 The project area is defined as Oak Street to the north, Center Street to the west, the Amtrak San Joaquins rail corridor to the south, and Airport Way to the east.
1.5 The City is contracting with Mark Thomas to complete all activities required by the Caltrans Grant, including robust public outreach and presentations of the final report.
2. Project Scope
2.1 Contractor shall provide the following services with a total contract amount of Four Hundred Twenty-Seven Thousand Five Hundred Dollars ($427,500). In providing these services, Contractor shall undertake its “best efforts” in attaining the goals and results stated herein which have been mutually agreed upon by Contractor and City.
2.2 Contractor shall provide project management support, including the initiation of a kick-off meeting, regular progress reports, and scheduling and facilitating project management meetings.
2.3 Contractor shall gather resources, conduct a literature review and establish existing conditions, perform a site walk, and synthesize findings into an existing conditions report. Contractor shall identify and
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adopt project goals and objectives during the development of the existing conditions report. Contractor shall use geospatial information system (GIS) data and physical observations to map the existing and planned land uses in the study area.
2.4 Contractor shall develop a public engagement plan outlining the planned effort for engaging the public, agency representatives, disadvantaged and underserved community members, businesses, property owners, community-based organizations, and other interested stakeholders.
2.5 Contractor shall prepare a project logo and style guide for the project.
2.6 Contractor shall develop a three-phased outreach approach as follows:
x Phase 1 – Identify stakeholder concerns, Project Area challenges, and improve public awareness.
x Phase 2 – Identify Project Area opportunities, improvement strategies, and improve public awareness.
x Phase 3 – Capture feedback on the Draft Alternatives, including policies, strategies, and improvements.
2.7 Contractor shall plan, attend, and facilitate up to six (6) stakeholder working group meetings with a diverse group of community members and the key project stakeholders.
2.8 Contractor shall plan, attend, and facilitate up to three (3) focus meetings with key stakeholders.
2.9 Contractor shall canvass at six (6) community events/festivals/social support facilities.
2.10 Contractor shall develop, maintain, and distribute three (3) project surveys, both online and hard copy.
2.11 Contractor shall plan, attend, and facilitate three (3) in-person public workshops.
2.12 Contractor shall provide language translation in English and Spanish for any and all engagement collateral.
2.13 Contractor shall develop, maintain, and distribute a transit customer experience survey, in collaboration with the City, Regional Transit District (RTD), and San Joaquin Regional Rail Commission (SJRRC).
2.14 Contractor shall develop and equity and displacement analysis, focusing on three overarching goals:
x Produce new housing at all income levels;
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x Preserve existing housing that is affordable to lower- and moderateincome households; and x Protect existing residents from displacement as housing and other costs increase.
2.15 Contractor shall develop an alternatives analysis, with the purpose of developing land use analysis and toolbox strategies for redevelopment opportunities.
2.16 Contractor shall ensure the analysis includes a study of transit stops and lines that stop at the Cabral Station, and that subsequent reports propose scenarios where all RTD express buses (both 44 and 47) serve Cabral.
2.17 Contractor shall develop multimodal transportation improvement strategies to address the documented need through qualitative and quantitative analysis, as well as stakeholder input.
2.18 Contractor shall identify a set of Draft Alternatives that illustrate potential scenarios for how a safe, secure, sustainable, and multimodal Downtown Stockton community could be achieved.
2.19 Contractor shall explore the potential for consolidating both Stockton rail stations beyond the 10-year horizon.
2.20 Contractor shall conduct a benefit cost analysis and economic impact study of transportation and land use strategies included in the Draft Alternatives, for up to three project alternatives.
2.21 Contractor shall identify and develop the Recommended Final Project Alternative, based on the feedback received from project stakeholders and outreach initiatives.
2.22 Contractor shall prepare a financial roadmap and strategy that includes cost estimates for recommended strategies, private and public funding resources that can best be leveraged for implementing the Recommended Final Project Alternative, and other relevant financial information that would support the successful and efficient implementation of the Plan.
2.23 Contractor shall identify strategy priorities for implementation through an Action and Phasing Plan that accounts for capital costs, strategy ranking, phasing of improvements, and any respective lead agencies.
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2.24 Contractor shall develop a Summary Report by integrating finalized deliverables such as the technical memorandums with summaries of tasks, processes, and outcomes.
2.25 Contractor shall develop a Final Draft Report based on comments received on the Public Review Draft Report.
2.26 Contractor shall develop a final Downtown Stockton Multimodal Transportation Network and Land Use Compatibility Action Plan, based on the results of all prior activities.
2.27 Contractor shall prepare PowerPoint presentation slides, support staff report development, and present at up to four (4) meetings to the Stockton City Council, RTD Board of Directors, SJRRC Board of Directors, and SJCOG Board of Directors on the Final Report.
3. Specifications
3.1 Contractor shall perform the Project Scope activities outlined above and as enumerated in PUR 24-041.
3.2 Contractor has provided a Consultant Contract Disadvantaged Business Enterprise (DBE) Commitment, as documented in Appendix B.
3.3 Contractor shall utilize Caltrans form ADM-3069 to document DBE utilization within each invoice and provide to the City as outlined in Exhibit E (Compensation).
4. Major Deliverables
4.1 Contractor shall provide the following deliverables through the terms of the contract:
x Project kick-off meeting (agenda and notes).
x Data Needs Memorandum.
x Project Team Management, Schedule, Monthly Invoices, and Progress Reports.
x Monthly PM meetings (agenda and notes).
x Literature Review Technical Memorandum
x Site Walk (assume one in-person event)
x Existing Conditions Mapping & Analysis
x Existing Conditions Report (Draft & Final)
x Stakeholder Working Group meetings (assume five virtual meetings, one in-person meeting)
x Focus meetings with key stakeholders (assume three virtual meetings)
x Canvassing Events (assume six events)
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x Project surveys (assume three online surveys, with hard copy versions)
x Public workshops (assume three in-person events)
x Project website content
x Fact sheet (English and Spanish)
x Workshop flyer (English and Spanish)
x Transit Customer Experience Study
x Meeting Materials: PowerPoint Presentations, flyers, website announcements, sign-in sheets, agendas, meeting minutes, etc.) x Engagement Summary Technical Memorandum
x Land Use and Transportation Consistency Review
x Toolbox Strategies
x Benefit Cost Analysis & Economic Impact Study
x Draft Alternatives
x Recommended Final Project Alternative
x Financial Plan
x Action & Phasing Plan
x Draft: Downtown Stockton Multimodal Transportation Network and Land Use Plan
x List of comments received during review process, including public input
x Final: Downtown Stockton Multimodal Transportation Network and Land Use Plan
x Attendance at four elected officials Council/Board meetings (assume agenda, presentation and staff report at four meetings)
5. Tasks That Support the Deliverables
5.1 City staff shall identify key staff member who will serve as Contractor contact.
5.2 City staff shall participate in all meetings coordinated by Contractor.
5.3 City staff shall promptly review and provide feedback to draft reports or materials provided by Contractor.
5.4 City staff shall promptly respond to any technical memorandum requests from Contractor.
5.5 City staff shall provide a list of primary contacts for relevant organizations in the downtown area.
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6. Criteria of Acceptance for Deliverables
6.1 Contractor shall provide a monthly report of activities performed under the term of this Agreement.
6.2 Contractor shall provide drafts of documents for review and comments by City staff.
6.3 Contractor shall make any necessary revisions to the draft reports based on feedback received from City staff.
7. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: City:
Mark Thomas & Company, Inc. City of Stockton
Attn: Matt Brogan, Principal Attn: City Manager
701 University Ave, Suite 200 425 N. El Dorado Street
Sacramento, CA 95825 Stockton, CA 95202
8. Key Personnel
Matt Brogan, Mark Thomas, Principal
Amber Collins, Mark Thomas, Project Director
Sam Sharvini, Mark Thomas, Project Manager
Ryan Bissegger, Mark Thomas, Director
Carrie Wright, City of Stockton, Director of Economic Development Jordan Peterson, City of Stockton, Deputy Director of Redevelopment Angelina Abella, City of Stockton, Senior Economic Development Analyst Gnim Dith, City of Stockton, Program Manager I
9. Option to Renew
The term of the Agreement may be extended by a written amendment executed by both parties.
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Exhibit B:
Insurance Requirements for Consultant 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 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 05 09 or 25 04 05 09) 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, covering 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.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, except for Professional Liability, 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 also applies 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. 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.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
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
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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.
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. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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:
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City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, practicing in the same or similar locality, under similar circumstances and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All final professional work product including reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the San Joaquin Council of Governments (SJCOG). All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are
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(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM; Mod 11.12.24 TA) lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent. Any reuse by City for another project or project location shall be at City’s sole risk.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F, to the extent such failure is caused by Contractor’s unreasonable delay, may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's
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(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM; Mod 11.12.24 TA) control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that all Subcontractors must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subcontractors personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
11.2 Termination for Material Breach by Contractor. The Contractor may terminate this Agreement if the City materially breaches this Agreement, as specified in
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(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM; Mod 11.12.24 TA) this paragraph. Contractor shall notify the City in writing of the alleged breach. Upon receipt of the notice, City shall have ten (10) days to cure the breach. If the City does not respond or fails to cure the breach within the ten (10) day period, the Agreement shall then be deemed terminated, and no further work shall be performed by Contractor.
If the Agreement is so terminated for City’s material breach, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
11.3 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.4 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement.
These obligations shall survive the completion or termination of this agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by
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(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM; Mod 11.12.24 TA) certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law. California law shall govern any legal action pursuant to this
ATTACHMENT A
370
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM; Mod 11.12.24 TA) Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
ATTACHMENT A
371
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM; Mod 11.12.24 TA)
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
ATTACHMENT A
372
1ϵ
(Rev. 07.12.22; Mod 11.12.24 TA)
EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall endeavor to perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other
ATTACHMENT A
373
2Ϭ
(Rev. 07.12.22; Mod 11.12.24 TA)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed
ATTACHMENT A
374
Ϯϭ
(Rev. 07.12.22; Mod 11.12.24 TA)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.
7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
ATTACHMENT A
375
ϮϮ
(Rev. 07.12.22; Mod 11.12.24 TA)
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law, the Contractor’s professional code of ethics or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
In accordance with the sub-grantee agreement between the San Joaquin Council of Governments and City of Stockton, neither the City nor Contractor shall have copyrights of reports or products of this Agreement.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
ATTACHMENT A
376
Ϯϯ
(Rev. 10.30.18)
EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $427,500 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and E (Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference. Travel reimbursement and per diems shall be at rates not to exceed those amounts set by the California Department of Human Resources (CalHR). Reimbursement for travel shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without
ATTACHMENT A
377
2ϰ
(Rev. 10.30.18)
additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. No markup shall be allowed on subcontractor invoices.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Task Description Cost
All Project Management
x Project Initiation
x Project Management
x Project Manager Meetings
1 Existing Conditions
x Data Collection & Literature Review
x Site Walk
x Land Use Network Review
x Transportation Network Review
$78,473
2 Stakeholder/Public
Engagement
x Public Engagement
x Stakeholder Engagement
x Public Engagement Activities
x Customer Experience Study
$107,206
3 Equity/Displacement
Analysis
x Equity Analysis
x Displacement Analysis $35,155
4 Alternatives Analysis
x Land Use Analysis/Toolbox Strategies
x Multimodal Analysis/Toolbox Strategies
x Benefit Cost Analysis/Economic Impact
Study
x Draft Alternatives
x Recommend Final Alternative
$105,758
5 Project
Strategy/Action Plan
x Financial Plan
x Action & Phasing Plan $61,606
6 Summary Report x Summary Report
x Final Presentations $39,302
TOTAL PRICE $427,500
3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be
ATTACHMENT A
378
Ϯϱ
(Rev. 10.30.18)
compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.
Hourly Billable Rate Schedule
See attached Mark Thomas Rate Schedule, incorporated as Appendix A.
4. Additional Fees. Should an amendment to the Agreement be issued for additional services, the unit prices shall adhere to the above hourly billable rate schedule.
5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. All invoices must include the Caltrans form ADM-3069 to document DBE utilization. Invoices shall be submitted to the below address:
City of Stockton Economic Development Department
Attention: Economic Development Department
400 E. Main Street, 4th Floor
Stockton, CA 95202
ATTACHMENT A
379
Ϯϲ
(Rev, 10.27.22)
EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as follows:
TIMELINE FOR COMPLETION OF WORK
Task Schedule
Project Management Throughout Contract
Existing Conditions December 2024 – February 2025
Stakeholder & Public Engagement December 2024 – December 2025 Equity & Displacement Analysis December 2024 – April 2025 Alternatives Analysis March 2025 – December 2025
Project Strategy & Action Plan October 2025 – December 2025 Summary Report October 2025 – February 2026
ATTACHMENT A
380
Engineering & Planning Surveying
Intern $8 Survey Division Manager $3
Technician
District Management
$6
* Inspector - Apprentice
$* Inspector $1 Survey Manager II $2 Design Engineer I $1 * Sr. Inspector $1 Survey Manager I $2 Design Engineer II Assistant Sanitary Engineer $1 Project Surveyor III $2 Sr. Technician Associate Sanitary Engineer $1 Project Surveyor II $ Civil Engineering Designer Sanitary Project Engineer $2 Project Surveyor I $1 Project Engineer Sr. Sanitary Project Engineer $2 Asst Surveyor III $15
Sr. Project Engineer Operations Manager $2 Asst Surveyor II $1 Sr. Technical Engineer Deputy District Manager $3 Asst Surveyor I $12 Project Manager
$14
$1
$1
$1
$186
$1
$2 District Manager-Engineer $3 Survey Specialist III $2 Technical Lead Survey Specialist II $1
Sr. Project Manager
$2
$2 Project Support/Coordination Survey Specialist I $1 Sr. Technical Lead Project Assistant $
Lead Survey Technician $1
Engineering Manager Technical Writer $
Survey Technician III $1
Design Manager Sr. Project Assistant $1 Survey Technician II $1 Sr. Engineering Manager Project Coordinator $1 Survey Technician I $11 Principal
$2
$3
$3
$3
$4 Graphic Designer $1 * Chief of Party (OE3) $1
Sr. Technical Writer $1 * Instrumentperson (OE3) $1 Construction Management Project Accountant $ * Chainperson (OE3) $15
Office Technician Sr. Project Coordinator $1 * Apprentice (OE3) $1 Office Engineer Sr. Graphic Designer $1 * 2-Person Crew (OE3) $3 * Asst. Resident Engineer Sr. Project Accountant $1 * 3-Person Crew (OE3) $4 * Inspector - CM Sr. Graphic Manager $1 * Utility Locator (PW North) $1 Project Controls/Scheduler
$8
$1
$2
$2
$2 Project Accountant Manager $1
* 2-person Utility Locate (PW North) $2
Resident Engineer * Chief of Party (OE12) $2
Project Manager - CM
$2
$2
Landscape Architecture/Urban Design * Instrumentperson (OE12) $1
Sr. Project Manager - CM Landscape Intern $6
* Chainperson (OE12) $1
Sr. Resident Engineer Landscape Designer I $9
* Apprentice (OE12) $1
Division Manager - CM Landscape Designer II $1 * 2-Person Crew (OE12) $3
Area Manager - CM
$2
$
$3
$3
Landscape Architect $1 * 3-Person Crew (OE12) $
Sr. Landscape Architect $1 * Utility Locator (PW South) $1
Planning LAUD Project Manager $2 * 2-person Utility Locate (PW South) $3
Planner I $9
Sr. LAUD Project Manager $2
Planner II $1 LAUD Division Manager $2
Sr. Planner $14
Grant Writing Special Services
Funding Specialist $1 Expert Witness $
Sr. Funding Specialist $1
Strategic Consulting $
Funding Manager $2
MARK THOMAS & COMPANY, INC. RATE SCHEDULE
EXPIRES JUNE 30, 202
This rate schedule expires June 30, 202; rates are subject to escalation with new hourly rate schedule as of July 1, 202 * These charge rates are subject to Prevailing Wage laws and Union contract.
Mileage will be billed per current &DO+5 Rate .
RATE SCHEDULE (Y) | PAGE 1 OF 1
APPENDIX A
ATTACHMENT A
381
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APPENDIX% ATTACHMENT A
DOWNTOWN STOCKTON MULTIMODAL TRANSPORTATION NETWORK AND LAND USE PLA City of Stockton
Stockton, CA
Mark Thomas & Company, In
$ 129,378.00 2
27,500.00
Conduct a site walk, support
development of the Public Engagement 44211 Port City Marketing Solutions(209) 965-7678 $ 14,552.00 14,552.00
3.40 11/13/24
Sam Sharvini (949) 247-3938
Project Manager
Sam Sharvini Digitally signed by Sam Sharvini
Date: 2024.11.13 17:42:20 -08'00'
382
ATTACHMENT B 383
ATTACHMENT B 384
City of Stockton
Legislation Text
File #: 24-1007, Version: 1
APPROVE TEAM LEASE AGREEMENT BETWEEN BASKETBALL DEVELOPMENT LLC AND
THE CITY OF STOCKTON FOR THE USE OF ADVENTIST HEALTH ARENA AS THE HOME
COURT FOR THE STOCKTON KINGS
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the execution of a new lease with Baskebtall Development LLC (Sacramento Kings) for their G League team (Stockton Kings) to use the Adventist Health Arena for their home games.
2. Authorizing the City Manager to exercise available options to extend the term of the lease by written amendment, not to go beyond the term stated in the lease.
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 Sacramento Kings have expressed their interest in continuing to use the Adventist Health Arena for their Stockton Kings’ NBA G League (Stockton Kings) home games. The previous lease, executed in 2018, was in good standing but expired in April 2024. The City is seeking to enter a new three-year lease between the City and Sacramento Kings, with three additional one-year options to renew the lease (Exhibit 1), ensuring the continuation of high-level basketball entertainment in Stockton.
DISCUSSION
Background
The Stockton Kings are a basketball team in the NBA G League. The NBA G League serves as the official minor league for the NBA, designed to prepare players, coaches, officials, and staff for professional basketball. With 31 teams affiliated with the NBA franchise, the G League provides affordable, elite basketball in a family-friendly environment. The Sacramento Kings’ G League affiliate, the Stockton Kings, became part of the organization in 2016. In 2018, the City of Stockton executed a three-year lease with three additional one-year terms with the Sacramento Kings (Attachment A), which was approved by Resolution 2018-04-17-1401. Since then, the Kings have garnered significant attention for their performance, even making it to the playoffs in 2023 and 2024.
City of Stockton Page 1 of 2 Printed on 11/27/2024
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385
File #: 24-1007, Version: 1
Present Situation
The Stockton Kings are committed to maintaining a strong presence in Stockton and have indicated their interest in continued community involvement. The new lease would enhance the range of entertainment options available to residents and contribute positively to the local economy through increased arena usage.
The term of the proposed lease includes competitive rental agreements, revenue sharing from food and beverage sales, and support for community engagement initiatives (Exhibit 1). Approving this lease will ensure that Stockton retains a high-quality basketball experience while enhancing the overall quality of life for its residents.
Notification
Per the City Charter, a “Notice of Intent to Lease Real Property Interest” will be published in The Record at least ten days prior to the execution of the Team Lease Agreement.
FINANCIAL SUMMARY
The Sacramento Kings will pay $14,000 per game for home games per season, with a 3% annual increase. The net revenue per game varies depending on attendance and concession sales and is part of the Venues fund operating budget, under the management of ASM. Approval of this lease will continue the anticipated revenue received from the Stockton Kings’ games. The FY2025-26 proposed budget will include any anticipated increase based on this new Tenant Agreement.
Attachment A - Original Lease
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Resolution No.
STOCKTON CITY COUNCIL
APPROVE TEAM LEASE AGREEMENT BETWEEN BASKETBALL DEVELOPMENT
LLC AND THE CITY OF STOCKTON FOR THE USE OF ADVENTIST HEALTH ARENA
AS THE HOME COURT FOR THE STOCKTON KINGS
The Adventist Health Arena, formerly the Stockton Arena, was constructed in 2005 with the intent of accommodating a wide range of events and activities, including sports, and family entertainment; and
Basketball Development LLC (Sacramento Kings) moved their NBA G League team (Stockton Kings) to Stockton in 2016 and wish to continue in the Adventist Health Arena (Arena). The City has capacity in the Arena to accommodate the G League season which plays 25 home games, late September through April; and The City and the Sacramento Kings have reached consensus on the terms of the Team Lease Agreement; and
The NBA G League, formerly the NBA Development League (NBA D-League), is the NBA’s official minor league. The league prepares players, coaches, officials, trainers, and front-office staff for the NBA while acting as the league’s research and development laboratory; and
The City will not only benefit from increased rental of the Arena, but also in maintaining a home team for the Arena and City, adding yet another entertainment/recreational option for the community and creating positive exposure for Stockton; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council of the City of Stockton hereby approves the execution of a Team Lease Agreement with Basketball Development LLC (Sacramento Kings), pursuant to terms substantially similar in form to Exhibit 1 of this Resolution, incorporated by this reference, for the use of the Adventist Health Arena as home court for the Sacramento Kings’ NBA G League.
2. The City Manager is authorized to exercise available options to extend the term of the lease by written amendment, not to go beyond the term stated in the lease.
3. A “Notice of Intent to Lease Real Property Interest” will be published in The Record at least ten days prior to the execution of the Lease, as required by Charter section 510.
445
4. The City Manager, or designee, is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED and ADOPTED December 3, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
446
TEAM LEASE FOR ADVENTIST HEALTH ARENA
(BASKETBALL TEAM)
BETWEEN
CITY OF STOCKTON
AND
BASKETBALL DEVELOPMENT LLC
Dated as of December__, 2024
EXHIBIT 1 447
TABLE OF CONTENTS
ARTICLE 1. BASIC LEASE PROVISIONS .................................................................... 4 Section 1.1 ...........Lease for Team Events Services and Facilities; “As Is” Conveyance 4 Section 1.2 ..........................................................Lease of Team Administrative Offices 9 Section 1.3 .............................................................................................. Term of Lease 9 ARTICLE 2. FINANCIAL PROVISIONS ....................................................................... 10 Section 2.1 ............................................................................................................Rent 10 Section 2.2 ........................................................... Tenant Event Cost Reimbursement 10 Section 2.3 ............................................................................. Responsibility of Tenant 10 Section 2.4 ......................................................... Revenue Generation and Allocations 11 Section 2.5 ................................................................................... Tenant Luxury Suite 14 Section 2.6 .............................................................Tenant Accounting Records; Audit 15 Section 2.7 .................................................................. City Accounting Records; Audit 16 ARTICLE 3. OPERATIONAL PROVISIONS ................................................................ 16 Section 3.1 ...................................................................Covenants Concerning Tenant 16 Section 3.2 ..........................................................................Arena Operation Standard 17 Section 3.3 ................................................................................City’s Control of Arena 18 Section 3.4 ..................................................................................................... Manager 19 Section 3.5 .................................................................................. Copyrighted Material 19 Section 3.6 .............................................................................Community Involvement 19 Section 3.7 ....................................................................................................Insurance 20 Section 3.8 .....................................Responsibility for Equipment and Acts; Lost Items 20 Section 3.9 .............................................................................. Employees and Agents 20 Section 3.10 .....................................................................................Hazardous Waste 20 Section 3.11 ..................................................................Equal Employment Provisions 21 Section 3.12 ................................................................................................. No Claims 21 ARTICLE 4. DAMAGE, DESTRUCTION, AND CONDEMNATION.............................. 21 Section 4.1 ............................................................................Damage and Destruction 21 Section 4.2 ............................................................................................Condemnation 22 Section 4.3 .................................................................. Damage to Facilities by Tenant 22 ARTICLE 5. DEFAULT AND REMEDIES..................................................................... 22 Section 5.1 ............................................................................................Tenant Default 22 Section 5.2 ...........................................................................City Remedies in General 23 Section 5.3 ...................................................................Specific Performance Remedy 24 Section 5.4 ................................................................................................. City Default 25 ARTICLE 6. REPRESENTATIONS AND WARRANTIES ............................................ 26 Section 6.1 ................................................Representations and Warranties of Tenant 26 Section 6.2 .....................................................Representations and Warranties of City 27 ARTICLE 7. GENERAL PROVISIONS......................................................................... 28 Section 7.1 ....................................................Notices, Demands and Communications 28 Section 7.2 ............................................................................................ Force Majeure 29 Section 7.3 ........................................................................................... Indemnification 30 Section 7.4 ................................................................................Relationship of Parties 30 Section 7.5 ...................................................................................................... Waivers 30 Section 7.6 .................................................................................................... Transfers 31 EXHIBIT 1 448
Section 7.7 ............................................................................................. Binding Effect 31 Section 7.8 ................................................................ Entire Agreement; Amendments 31 Section 7.9 .............................................................................................. Interpretation 32 Section 7.10 ..............................................................................................Non-Interest 32 Section 7.11 ........................................................................Non-Liability of Individuals 32 Section 7.12 .....................................................................No Third-Party Beneficiaries 32 Section 7.13 ......................................................................................... Applicable Law 32 Section 7.14 ............................................................................................Legal Actions 32 Section 7.15 ...............................................................................................Severability 33 Section 7.16 ............................................................................................City Approval 33 Section 7.17 ............................................................... Multiple Originals; Counterparts 33 Section 7.18 ...........................................................................Possessory Interest Tax 33 Section 7.19 ..............................................................................Operating Memoranda 34 Section 7.20 ...................................................................................... League Approval 34 Section 7.21 ......................................................................................Attached Exhibits 34 Exhibit A Definition of Terms
Exhibit B City-Provided Facilities and Services
Exhibit C Insurance Requirements
Exhibit D Best Practice Guide
EXHIBIT 1 449
TEAM LEASE FOR ADVENTIST HEALTH ARENA
(BASKETBALL TEAM)
This Lease (the “Lease”) is made and entered into as of December ___, 2024 (the “Effective Date”) by and between the City of Stockton (the “City”) and Basketball Development LLC, a Delaware limited liability company (the “Tenant”). The City and the Tenant are referred to collectively as the “parties” and individually as a “party.”
RECITALS
A. Capitalized terms used in this Lease not defined herein have the meanings set forth in the Glossary of Defined Terms attached to this Lease as Exhibit A.
B. Tenant and City entered a Team Lease for Adventist Health Arena (formerly Stockton Arena) as of October 10, 2018, which provided for three one-year options to extend (“Original Lease”). Tenant extended the Original Lease for three additional years, and now both Tenant and City wish to enter into a new Lease for Adventist Health Arena for purposes of hosting the Stockton Kings (“Team”) NBA G-League home games, which consists of approximately 24 regular season team games (including games at the Arena, and up to two off-site games as set forth herein) with the potential for subsequent playoff games at the Adventist Health Arena located at 248 W. Fremont Street Stockton, CA 95203 (“Arena”), in accordance with the terms and conditions of this Lease.
NOW THEREFORE, incorporating the above recitals and in consideration of the mutual covenants and conditions in this Agreement, City and Tenant agree as follows:
ARTICLE 1. BASIC LEASE PROVISIONS
Section 1.1 Lease for Team Events Services and Facilities; “As Is” Conveyance. (a) Lease. In accordance with the terms and conditions of this Lease, and subject to the condition set forth in Section 7.20, the City hereby leases to the Tenant, and the Tenant hereby leases from the City, the Arena on the Team Event Dates throughout the Term for the Tenant’s use and operation in fielding the Team and conducting Team Events. Notwithstanding the foregoing, the City may make available those portions of the Arena not required exclusively for the conduct of the Team Events (including, without limitation, administrative offices and dressing facilities not leased to the Tenant under this Lease) to other users and patrons of the Arena on non- Team Event Dates so long as such availability to other users and patrons does not materially impair the efficient conduct of the Team Events on such Team Event Dates. Reducing available parking and compromising security or secure entry for ticket holders and Tenant personnel shall be deemed a material impairment for the purposes hereof. The City shall make available the meeting room and conference room areas of the Arena to the Tenant as part of the Lease of premises as set forth herein.
City shall make the court, all services and facilities and other provisions and access EXHIBIT 1 450
described herein available to the Team and visiting team, their personnel, agents, representatives, visitors, guests, fans and media to the extent applicable as applicable up beginning at 9:00 am on the day of the Team Event until three (3) hours following the Team Event, or as otherwise required pursuant to NBA G-League Rules. The public cannot be admitted more than three (3)-hours prior to the game time, except as follows:
Tenant may open to the public early up to ten (10) games per Team Season for themed nights such as Court of Dreams, Sneaker night, Collectibles night, etc. Should the Tenant wish to allow small groups of fifty (50) or less members of the public in the arena prior to general public admission, Tenant will provide staff for security and safety of the public and provide prior notice to the Arena management. The Tenant shall have the right to tour prospective ticket buyers and sponsors on non-Team Event Days, provided Tenant provides 48-hour advance notice to City, and City approves, with such approval to not be withheld, conditioned, or delayed. Both parties agree if City is setting up or utilizing the Arena for another event, such approval could be reasonably withheld. (b) Scheduling of Team Events. The Team Event Dates shall be established for each Team Season during the Term in accordance with the outline below. The City, and the Tenant shall cooperate with each other to implement the terms below to establish the overall schedule for use of the Arena. The Booking Policies and Procedures outlined below provide the Tenant assurance that during any Team Season:
i) The City shall provide Tenant with first priority for Tenant to select at least 50 dates for the next Team Season on or before February 1st of each year (“First Hold Dates”), with 17 of these First Hold Dates between Monday – Thursday. A minimum of 14 First Hold Dates must be located between the first week of November and the second week of December. A minimum of 36 of the First Hold Dates must be between December 27 and March 29 of each year. Such dates cannot include NBA All-Star Weekend, NBA G League Showcase, including the day before and day after each event and any Dark Days associated with those events, nor Thanksgiving. ii) Any Dates not used by the Tenant may be used by City and other tenants at the Arena.
iii) Sixty percent (60%) of the submitted dates will be provided on the weekend dates defined as Thursday through Sunday. A minimum of 17 dates shall be evenly-distributed Friday through Sunday nights from November 12 to April 15 each year (or during the Regular Season timeframe as defined by the League). A minimum of 15 evenly-distributed weekdays (Monday - Thursday) must also be submitted with a minimum of twelve (12) which are non-adjacent to other submitted dates. iv) Once the final schedule is announced by the League, City agrees to not move game dates, unless mutually agreed upon in writing by the parties. v) Tenant will select eleven (11) dates between April 1 and April 15 for NBA G League Playoffs. Six (6) of those eleven (11) dates must be Thursday through EXHIBIT 1 451
Sunday nights.
In addition to the 24 anticipated regular season Home Games and subsequent playoff games, Tenant will receive fifteen (15) Special Events per year outside of game days booked for non-revenue generating and non-ticketed purposes, provided that Tenant need not use all 15 Special Events at its discretion. Examples include Team practices, Select-A-Seat and Fan Fest, and shall permit use of the basketball floor for Special Events. The Special Events will be rent free and will be subject to at-expense costs for production, security and other direct labor costs related to the Special Event.
Tenant shall be permitted to utilize exterior specific-need catering or food services, if food is provided for a group of fifteen (15) or less people. Food provided for groups of sixteen (16) or more must be provided by the Arena in-house caterer.
In the event the Tenant has scheduled a Team Event at the Arena and subsequently the Tenant desires to cancel such Team Event, then the Tenant shall immediately provide written notice of such cancellation of the Team Event to the Manager (the “Cancellation Notice”).
If the Tenant delivers the Cancellation Notice to the Manager, then the Manager shall cancel the date of the Team Event and the Tenant shall have no right to occupy or use the Arena on the date of the cancelled Team Event (the “Confirmed Cancellation Date”). Except as otherwise set forth herein pursuant to Force Majeure and League requirements, and unless such cancellation occurs at least eight weeks in advance, upon the Manager’s cancellation of the Team Event on the Confirmed Cancellation Date, the Tenant shall pay to the Manager incurred and non-reimbursable costs and expenses directly incurred for the benefit of such cancelled Team Event, less any rent actually collected for the Arena for such Confirmed Cancellation Date.
The Tenant shall be responsible, at its sole cost, for providing certain facilities, services, and equipment necessary for conduct of Team Events other than those expressly specified to be provided by the City under the terms of this Lease. The City, through its Manager, shall have the right to approve (in City’s reasonable discretion, not to be conditioned or delayed) any agents, contractors or other persons employed by the Tenant (including, without limitation, security personnel) other than Team personnel.
Approval of a third-party contractor or consultant (such as a security firm) shall be deemed approval of such third-party entity’s staff unless specifically withheld. The Tenant shall use its commercially reasonable efforts to cause all such persons remained or hired by the Tenant to comply with all applicable federal, state, and local laws and regulations, and with all rules and regulations established for the Arena by the Manger, on behalf of the City. The Tenant hereby assumes all risks and liability that may result from the failure by and such persons retained or hired by the Tenant to comply with such laws, rules and regulations and any material failure by such person to comply with such laws, rules and regulations shall constitute a Tenant to default if not cured within the time and in the manner outlined in this agreement. As the primary tenant, Tenant shall in no event be responsible for City costs of removing and replacing the basketball floor as needed for Team Event Dates. Tenant would be responsible for court replacement costs related to EXHIBIT 1 452
Special Events.
(c) Dressing Rooms. The City shall provide to the Tenant the following dressing and related facilities (collectively, the “Dressing Room Facilities”) during Team Events.
i) Tenant will have the use at all times of dedicated dressing rooms during all Team Event Dates. Team will need to vacate dressing room if room is in use on a non-Team Event Date;
ii) City will provide exclusive storage to Tenant in Team’s dressing room and primary Tenant space and additional space in the locations mutually agreed upon by Tenant and City in Arena storage areas (in addition to locations used pursuant to Original Lease), which storage may be used throughout the Term (not only on Team Event Dates) See Exhibit E for current layout;
iii) An auxiliary dressing room for the visiting team and a separate dressing area for referees and cheerleaders on Team Event Dates; iv) Trainer’s facilities and laundry facilities as generally described in the arena program;
v) Weight room, training areas and coaches’ offices; and vi) Business offices located off the mezzanine level of the area.
The Tenant acknowledges and agrees that the City will be responsible for facility maintenance for the Dressing Room Facilities in accordance with the arena program, which includes installed lockers, toilets, and shower facilities, but that the Tenant shall be responsible at its sole cost of providing furniture, fixtures, and equipment deem necessary to make the Dressing Room Facilities consistent with Tenant’s particular manner of use.
Improvements may be made to the Dressing Room Facilities by the Tenant with the prior written approval of the City and the costs of all such improvements made by the Tenant shall be the sole responsibility of the Tenant. The Tenant acknowledges that any improvements to the Dressing Room Facilities, which result in permanent, or semipermanent attachment to the floors, walls, or ceilings of the Dressing Room Facilities, such improvements will become property of the City. All improvements are to be approved, in writing, in advance by the City (in City’s reasonable discretion, not to be conditioned or delayed), and are subject to any reasonable conditions required by the City including, but not limited to the provision of reasonable labor and material bonds and insurance in connection with the contribution of such improvements consistent with City practices for similarly situated improvements.
(d) The Tenant shall be responsible, at its sole cost, for providing facilities, services, and equipment necessary for conduct of Team Events other than those EXHIBIT 1 453
expressly specified to be provided by the City under the terms of this Lease. The City, through its Manager, shall have the right to approve any agents, contractors or other persons employed by the Tenant (including, without limitation, security personnel) other than Team personnel. Such approval shall not be unreasonably withheld, conditioned, or delayed; and approval of third-party contractors (such as security firms) shall be deemed approval of the personnel of such contractors unless specifically withheld. The Tenant shall use its commercially reasonable efforts to cause all such persons remained or hired by the Tenant to comply with all applicable federal, state, and local laws and regulations, and with all rules and regulations reasonably established for the Arena by the Manger, on behalf of the City (provided that such regulations shall not reduce or materially and adversely affect Tenant’s rights hereunder). The Tenant hereby assumes all risks and liability that may result from the failure by and such persons retained or hired by the Tenant to comply with such laws, rules and regulations and any material failure by such person to comply with such laws, rules and regulations shall constitute a Tenant default if not cured within the time and in the manner outlined for in Sections 5.1 (a). (e) Other City-Provided Facilities and Services. The City shall provide to the Tenant, during or in connection with Team Events, the services and facilities described in the attached Exhibit B. Staffing for the Services described in Exhibit B shall be the sole responsibility of the City and shall be of a first-class nature and: (i) at levels consistent with the League Standard; and (ii) consistent in compliance with the League Rules (as same may be amended from time to time). The City shall provide the services and facilities at its sole cost and expense, except that City shall be entitled to reimbursement for certain services and facilities only to the extent described in Exhibit B. (f) Box Office Facility and Ticket Sales. Except as otherwise provided below, the City, through its Manager or a reputable ticket service provider (the “Ticket Service”), shall be solely responsible for and authorized to operate the box office at the Arena and arrange for and conduct the sale of all individual game tickets for Team Events and collect funds as the agent of Tenant, whether at the box office or through remote facility sales operations.
i) The City shall conduct ticket sales using best practices and standards for sale of tickets to events at least equivalent to the League Standard. The City shall reasonably cooperate with the Tenant regarding the sale of tickets for Team Events; provided that Tenant shall have the sole right and responsibility to set ticket pricing for all Team Events.
ii) Notwithstanding the foregoing, the Tenant may separately control and perform the sale of season ticket packages and/or group ticket sales for Team Events. The City shall cause the Manager and Ticket Service to cooperate with the Tenant and to facilitate the sale by the Tenant of season ticket packages and/or group ticket sales. The Tenant shall provide an accurate and complete report to the City of all season ticket packages sold and group ticket sales compiled by the Tenant in a timely fashion so that City can adequately and timely perform all applicable functions under this Lease, including, without limitation, the determination and allocation to the City of the EXHIBIT 1 454
Facility Fee Revenue for each Home Game.
iii) The Tenant recognizes the preferred ticketing vendor for City is Ticketmaster and the City recognizes that the Tenant will utilize their own license agreement of Archtics for season ticket packages and group tickets as a secondary box office. However, all individual game ticket sales will be through the City or Manager’s agreement with Ticketmaster and named primary box office. (g) “As Is” Conveyance, Acceptance of Arena. By taking possession of the Arena for Team Events at the commencement of the Initial Term, the Tenant will have acknowledged that the Tenant has previously inspected the Arena and accepts the Arena “as is”; provided that such acceptance does not limit City’s obligation hereunder to maintain the Arena in compliance with the League Rules (as same may be modified from time to time), consistent with the League Standard (as defined below), and as otherwise provided herein.
(h) Services Generally. All Services and facilities provided by City hereunder shall be provided: (i) in accordance with the League Rules (as same may be amended from time to time by the League); (ii) at City’s sole cost and expense, except as specifically allocated to the Team in this Lease; and (iii) at standards equivalent to or better than the top tier of venues in the League (the “League Standard”).
Section 1.2 Lease of Team Administrative Offices.
(a) The Tenant shall have exclusive use of office space within the Arena of not less than 1,500 square feet during the Lease. All current utility services in office space shall be included in Lease, along with the current multi-cleaning janitorial services that already regularly occur. Tenant shall be responsible for any additional janitorial or utility services beyond what currently exists for the office.
Section 1.3 Term of Lease.
(a) Effectiveness of Lease Provisions. This Lease shall take effect and shall become operative upon the commencement of the Initial Term as described in Section
1.3(b).
(b) Initial Term. The Initial Term of this Lease shall commence on initial signing of the agreement and continue through the last game at the end of the 2026-2027 Team Season.
(c) Option Terms.
i) Three (3) One-Year Options to Extend. Subject to the terms of this subsection (c, the Tenant may exercise up to three (3) options to renew this Lease, each for a period of one (1) year. The first Option Term would be for Team Season 2027-2028, the second Option term would be for Team Season 2028-2029, and the third option would EXHIBIT 1 455
be for Team Season 2029-2030.
ii) No Default. To exercise any option under this Lease, there shall exist no uncured Tenant Event of Default at the time of such exercise. If an uncured default occurs at the time Tenant attempts to exercise an Option, such exercise shall be void and without any legal effect. Such occurrence shall not affect the Tenant’s right to exercise subsequent Options, so long as the subsequent exercise of the Option complies with the requirements of this subsection (c).
iii) Exercise of Option. To exercise the options under this Lease, Tenant shall advise City in writing prior to January 31st of the final Team Season of the Initial Term, or in the case of Options following the end of the Initial Term, not later than January 1st of the final Team Season of whatever Option Term is ending.
ARTICLE 2. FINANCIAL PROVISIONS
Section 2.1 Rent.
In consideration for this Lease, the Tenant shall pay to the City as Rent Fourteen thousand dollars ($14,000.00) per Home Game with a three percent (3%) annual escalation on Rent. The escalation will commence at the first game of the 2025-2026 season and will continue to escalate on the first game of each Team Season thereafter through the remainder of the Term plus all three (3) one-year options (if exercised). Rent shall be paid via deduction from Net Gate Receipts as provided below.
The premises provided by City for each Team Event and included in the Rent (as applicable) is all of the following (without limiting other facilities and services listed elsewhere in the Lease): Arena-owned equipment, house security, janitorial services, box office operations, ticket takers, guest services representatives, front-of-house medical services, front-of-house police services, an event manager, a house engineer, basketball operation services such as cleaning the court and floor security, systems, utilities, concessions operations (excluding merchandising operations), ushers, Arena public address system, Arena sound system, spot light equipment, phone and internet, reasonable cleaning of backstage and locker room areas and in-Arena storage of Teamprovided court and standards package (all of which shall be deemed “Services” for the purposes of this Lease, and shall be provided consistent with the League Standard).
Section 2.2 Tenant Event Cost Reimbursement.
The following expenditures are reimbursable by Tenant to City for each event (collectively, the “Reimbursable Expenses”): spotlight operators, camera operators, production personnel as requested by Tenant, catering services, and any other miscellaneous production and/or labor expense related to Team Events, materials, or extra services furnished by City at the request of Tenant, which are not otherwise required by this Lease, including, without limitation those items specified as extra services in Exhibit B.
EXHIBIT 1 456
Section 2.3 Responsibility of Tenant.
Tenant will be responsible for the provision and costs of Advertising, ASCAP/BMI/SESAC/GMR, insurance, catering for team staff and media, runners, transportation, towels and soap, basketballs, game staff (ball boys/girls, medical for teams, PA announcer, statisticians, score/timekeepers, officials) and basketball court and standards package.
Despite the reference to this agreement as a Lease, Tenant does not have exclusive right and control of the Arena, and therefore is not responsible in any manner for the repair, maintenance or operation of the Arena, Arena building, Arena building systems, provision of utilities, security, property insurance (or the costs and expenses therefor), except as provided on a limited basis specifically in this Lease.
Section 2.4 Revenue Generation and Allocations.
This Section describes the parties’ rights and responsibilities with respect to generation of revenues in connection with the operations of the Arena and to the conduct of Team Events and sets forth the allocation of such revenues between the City and the Tenant.
(a) Ticket Revenue. The Tenant shall be allocated and remitted all Net Gate Receipts from each Home Game. “Net Gate Receipts” shall mean all revenue generated by Ticket Sales for each Home Game by City and the Team (the amount collected directly by City shall be deemed “Gross Gate Receipts”), less the following amounts from and related to each Home Game: (i) the Rent; (ii) Reimbursable Expenses (if any); (iii) the Facility Fee Revenue and three percent (3%) reimbursement for credit card fees paid by City on ticket receipts; (iv) the City’s portion of suite revenue on individual game rentals; and (v) Ticket Fees. Nothing in this Lease shall require Tenant to pay any of (i)-(v) more than once per Team Event (i.e. deduction of Rent from Net Gate Receipts shall fulfill Tenant’s obligation to Pay Rent).
(b) Tenant is Responsible for Shortfall. If, following a Team Event, there is a shortfall between the amount that is determined by the Manager to be owed to the City with respect to such Team Event for the items described above and the amount of Gross Gate Receipts then received by the Manager and the Arena Ticket Service for such Team Event, the Manager shall so notify the Tenant and inform the Tenant of the amount of such shortfall (a “Shortfall Amount”). The Tenant shall deposit the Shortfall Amount for such Team Event with the Manager within seven (7) business days of receipt of such notice.
(c) Concession and Catering Services. The City, through its Manager, shall have the exclusive right to operate the Concession Services for food and beverages at Team Events, and shall cause the Concessions Services to be operated at all Home Games according to the League Standard for services provided herein. As between the EXHIBIT 1 457
City and the Tenant, an amount equal to twenty percent (20%) of all revenue generated by Concessions Services and catering at all Team Events less sales tax shall be allocated and paid to the Tenant, and the balance of all Concessions Services and catering revenue shall be allocated and paid to the City. Such amounts shall be paid to the Tenant at the time of settlement in accordance with subsection (k) below. City shall cooperate with Team on the Concession Services to maximize revenues and enhance the fan experience consistent with the best venues in the League. Tenant shall not receive commission on food and beverage discounted by more than ten percent (10%) for the purposes of promoting ticket sales (e.g., Family Fest night promotions, etc.). (d) Merchandise. Tenant shall be permitted to operate its primary team store at the Arena and other locations in the Arena for all Team Merchandise, souvenir, and related concessions at Team Events and other reasonable times while the Arena is open to the public, subject to City approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant is responsible for all costs and expenses incurred in its merchandising program and shall retain one hundred percent (100%) of the revenues generated thereby. City shall provide Tenant with sufficient locations in the Arena dedicated for such merchandise sales, including the primary store location. (e) Advertising.
i) Advertising. Tenant will receive the rights and one hundred percent (100%) of the revenue from any temporary game day Advertising desired and instituted by the Tenant, including but not limited to, the on-court logos, courtside signage, centerhung scoreboard, ribbon boards, concourse tables, sponsorship packages and events, and game-day banners. This Lease shall include the right of Tenant to conduct such Advertising and sponsorships on Tenant Event Dates. No space in the Arena currently available for temporary game day advertising shall be sold by City as permanent advertising (or otherwise made unavailable for Tenant), without Tenant’s written approval.
In addition, during the Term of this Lease, Tenant shall have the following exclusive rights:
(A) Prior to offering any opportunity (via agreement, term sheet or otherwise) to third parties to sell or market advertising in or about the Arena or otherwise share in or profit from the Arena advertising revenues, whether as agents of City, commissioned sellers or otherwise (an “Offer”), City shall first make such Offer available exclusively to Tenant for a period of thirty (30) days by providing written notice of the proposed Offer to Tenant (“First Offer Notice”). Tenant shall have the right in its sole and absolute discretion to accept the Offer, or decline. If Tenant declines an Offer, City shall have ninety (90) days to enter into an agreement with a third party under terms equivalent to the Offer; however, City must give Tenant another First Offer Notice and make another Offer available exclusively to Tenant if: (i) City does not enter into a third-party agreement equivalent to the Offer within such ninety (90) day period; (ii) City materially changes the terms of the Offer; or (iii) City makes a different Offer available (the election to accept or reject any Offer does not affect Tenant’s rights hereunder with respect to future Offers).
Acceptance of an Offer shall automatically be deemed a binding agreement. If Tenant accepts any Offer, City and Tenant shall work in good faith to enter into a formal contract; EXHIBIT 1 458
13 however, failure to enter into a formal contract shall not invalidate City and Tenant’s rights pursuant to the accepted Offer. In the event City or its agents secure a deal (via term sheet or otherwise) for Secondary Naming Rights inside the Arena, the deal shall be offered to Tenant in writing upon the same terms and conditions for a period of seventytwo (72) hours prior to executing a formal agreement with a third-party client/sponsor. The City or its agents will provide the category for which the prospective third party identifies with but does not need to provide third party name to Tenant. Tenant may exercise such right of first refusal by affirmatively accepting such opportunity in writing (which may be by electronic mail) within such seventy-two (72) hour period; otherwise, the right shall expire with respect to such opportunity, and City may proceed to enter into its proposed transaction with a third-party under the terms offered to Tenant. ii) In Game Promotions. City will receive the right to advertise the current (as of execution of this Agreement) annual Arena sponsors with not less than two rotations of fifteen (15) seconds each to run during the following: 1) between doors and tip-off, 2) during intermission and 3) again immediately following the game; for a total of six (6) rotations per game, per sponsor at no charge. No other sponsors may be included without the prior written approval of Tenant. The Current sponsorships include the following:
1. Tia Linda’s
2. El Cejas
3. Hammer Head Security
4. Just Enough Wines
5. Adventist Health Arena- naming sponsor
6. Adventist Health Arena Events- advertising upcoming Arena events
iii) Promotion. City will promote Tenant’s events on its website, social media, City of Stockton marquee and other means with at least as much visibility and frequency as the other events playing at the Arena. All use of Tenant’s, and its affiliates, names, marks, and logos shall be subject to the approval and direction of Tenant, and City shall not control or otherwise acquire any interest in such names, marks or logos or other intellectual property of the Team, the Sacramento Kings, the League, or the NBA.
All such use of intellectual property shall be subject to the League Rules, including any necessary League or NBA G-League approvals. Tenant agrees that any references to the Arena in marketing or promotional materials that identify the location of an activity at the Arena, shall identify the Arena as the “Adventist Health Arena.” (f) Luxury Suite. In the event that any Luxury Suites have not been otherwise licensed by the City, the City and Tenant shall have the right to sell the right to use such Luxury Suites for individual Team Events. In such event, the revenues from such rental shall be allocated as follows:
i) Suite rental fee on individual game rentals will be mutually agreed by Tenant and City, and the fees will be shared eighty percent (80%) to Tenant and twenty percent EXHIBIT 1 459
(20%) to City on gross sales net of commission and food and beverage included in the package (“F&B”), with the F&B to be charged to Tenant less the standard 20% F&B administrative fee.
(g) Facility Fee. Facility Fee will be collected on each paid ticket and paid to the City per the following schedule:
i) Full Season Tickets – $0.00
ii) Partial Season Plans and Group Tickets – $1.50
iii) Individual Game Tickets - $3.00
iv) Facility fees for Partial Season/Group and Individual tickets will escalate annually by $0.25 beginning in the 2025/26 season. No facility fee will be charged on full season tickets.
(h) Complimentary Tickets. Manager shall be entitled to twelve (12) tickets located in Row A of Club Sections 1, 2, 5 or 6 and ten (10) tickets located in the lower bowl at no charge per Home Game.
(i) Parking. City will provide Tenant with seventy (70) parking spots for Team Events at no charge to Tenant, which will include approximately thirty (30) spots located in the loading dock. The Tenant will be given parking passes for the approximately forty (40) remaining spots. The parking passes will be valid in the North Lot, Arena Garage, East and West Fremont Lots. In addition, Tenant may offer pre-paid parking passes to its season ticket members (“STMs”) at the City’s current rate (currently $15 for garage parking per game). All revenue on such pre-paid passes would be retained by City. (j) Broadcast and Television Opportunities. The City shall provide broadcast and television facilities to the Tenant for Team Events in the form and manner set forth in the attached Exhibit B, and the Tenant shall pay the City the amount specified in Exhibit B for such facilities and services. The Tenant shall have the exclusive right to conduct or cause the conduct of broadcast and/or television operations, and radio and internet streaming relating to or arising from the Team Events at its sole cost. The Tenant shall have the right to retain all revenue in connection with such broadcast and/or television operation.
(k) Settlement. The Manager, on behalf of the City, shall collect and serve as the repository of all revenue with respect to each Team Event derived from the sources described in subsections (a) and (b) above. Within three (3) days after each Team Event, the Manager shall complete the settlement of revenues for such Team Event by paying to the Tenant the portion of the revenues to which the Tenant is entitled pursuant to, and by providing the Tenant with a settlement statement in form and content consistent with standard industry practice for the settlement of event revenue.
EXHIBIT 1 460
Section 2.5 Tenant Luxury Suite.
Tenant will be allocated one Luxury Suite (Suite 12) per Team Event for the Tenant’s use, free of use charge. Any catering (F&B) requested will be an additional charge. Tenant will receive a waiver on the twenty percent (20%) Administrative Fee on the catering invoice for this suite.
Section 2.6 Tenant Accounting Records; Audit.
The Tenant shall maintain accurate accounting records and other written documentation pertaining to all revenue received by it, which is required to be taken into account in allocating revenues between the City and the Tenant under this Lease. Such records and documentation shall be kept at the Tenant’s office during the term of this Lease, and for a period of three (3) years from the date of the final payment hereunder and said records shall be made available to City Manager, or designee upon reasonable request at any time during regular business hours.
Once every year during the Term of this lease, the City or any reputable designated agent or employee of the City with requisite experience, and not working for a commission, shall be entitled to audit all the books, records and accounts of the Tenant pertaining to the Arena and its operations at the Arena exclusively for the purpose of ensuring that the appropriate amounts have been paid to the City pursuant to this Lease.
Such audit shall be conducted during normal business hours upon seventy-two (72) hours’ notice at the principal place of business of the Tenant and other places where records are kept. Any audit undertaken under this Section shall be completed within sixty (60) days of the commencement thereof, subject to the extensions of time for any periods of delay due to no fault of the City or its auditors. Tenant shall have the right and opportunity to contest the results of such audit, at Tenant’s discretion, as set forth below.
If it shall be determined as result of such audit (following any such contest) that there has been an underpayment to the City under this Lease, such underpayment shall become immediately due and payable with interest at the then applicable Local Agency Investment Fund interest rate, determined as of and accruing from the date that said payment should have been made. In addition, if the underpayment shall be found to have understated payments due to the entitled City by five percent (5%) or more of the actual payment due to the City, and the City is entitled to additional payments from the Tenant as result thereof, then the Tenant shall pay, in addition to the interest charges referenced hereinabove, all of the City’s reasonable costs and expenses connected with any audit or review of Tenant’s accounts and records. All such payments shall be paid within ten (10) days of receipts of written notice to the Tenant of such underpayment. If the Tenant disputes such findings, the parties agree to meet and confer for a period of thirty (30) days to resolve such dispute, and no payments for any disputed amounts shall be due during such meet and confer period. City acknowledges that all financial information, data and reports provided by Tenant pursuant to this Lease is proprietary information.
Therefore, to the fullest extent permitted by law, the information and results obtained in any audit performed hereunder shall be kept confidential by City and its consultants, and EXHIBIT 1 461
not disclosed to third parties or in any public forum. City shall take any and all actions reasonably required to protect and enforce such confidentiality. If City determines that any such information and/or results are required to be disclosed by law, City shall inform Tenant in advance of disclosure to give Tenant the opportunity to challenge such disclosure requirements.
Section 2.7 City Accounting Records; Audit.
The City and Manager shall maintain accurate accounting records and other written documentation pertaining to all revenue received by it, which is required to be considered in allocating revenues between the City and the Tenant under this Lease.
Such records and documentation shall be kept at the City’s office during the term of this Lease, and for a period of three (3) years from the date of the final payment hereunder and said records shall be made available to the Tenant, or its designee upon reasonable request at any time during regular business hours. Tenant shall have the identical, reciprocal right to conduct an audit of City’s revenues hereunder (as provided to City in Section 2.6) to ensure that the appropriate amounts have been paid to Tenant under this Lease.
ARTICLE 3. OPERATIONAL PROVISIONS
Section 3.1 Covenants Concerning Tenant.
In consideration for the City’s execution of this Lease, the Tenant covenants and agrees as follows:
(a) Ownership. The Tenant shall own the Team and has full right and permission under the League Rules to operate the Team in the Arena as a full-fledged team member of the League throughout the Term, subject to Force Majeure. (b) Continuous Use. Throughout the Term, the Tenant shall cause the Team to play between 22 to 24 of its Home Games at the Arena each season, subject to Force Majeure, and shall not take any action that would result, with the passage of time, in the failure to cause the Team to play all of its Home Games at the Arena. Notwithstanding anything else set forth herein, the City and Tenant agree that this does not preclude the Tenant from participating in the League’s annual showcase and playing two additional preseason or regular season Home Games per season offsite, including in Sacramento at the Golden 1 Center.
(c) No Relocation of the Team. During the Term, the Tenant shall not relocate the Team to any facility other than the Arena nor shall the Tenant file an application or other formal request for relocation with the League (or any successor thereto) for approval to allow the Team to play more than two Home Games per season anywhere other than, the Arena; provided, however, that the Tenant may file an application or other formal request for a relocation of the Team to occur after the end of the Term.
EXHIBIT 1 462
(d) Maintain Good Standing of Team. During the Term, the Tenant shall maintain the Team as a professional basketball team of the character and standing required by the League Rules and the League and shall not do or suffer anything to be done which could cause the rights of the Team to be lost, impaired, or diminished in any material respect, subject to Force Majeure.
(e) Maintain Membership in League. During the Term, the Tenant shall use its commercially reasonable efforts to cause the Team to maintain its membership in good standing in the League (or any successor thereto) under the League Rules, subject to Force Majeure.
(f) Maintain Territorial Rights. During the Term, the Tenant shall take all commercially reasonable actions required to maintain its territorial rights under the League Rules as related to the Arena.
(g) Arena Name. When referring to the Arena during the term of this Agreement, Tenant shall use the name “Adventist Health Arena” (or such replacement name, as reasonably designated by City with reasonable prior advance notice to Tenant) and no other name and shall use reasonable efforts to require third parties that Tenant contracts within connection with the Arena to do the same. The use and designation of the Arena’s name by Tenant shall, to the extent applicable, include without limitation printed materials, advertising, admission tickets, television, internet, and other broadcasting methods, and public relations or promotional press releases but only to the extent the name or address of the Arena is referenced. Without limiting the generality of the foregoing, Tenant shall have the right to use the name and logo of: (i) The Arena and (ii) such party(ies) as may be given naming rights to the Arena (collectively, the “Arena Logos”) in all advertising controlled by or done on behalf of Tenant in relation to a Home Game, including, but not limited to, television, internet, newspaper, magazine, and outdoor advertising. Tenant’s right to use the Arena Logo shall be limited to the specific, express purpose set forth in the foregoing sentence and/or as otherwise authorized by Tenant in writing prior to the use thereof. In connection with Tenant’s use of the Arena Logos as permitted in this Lease; Tenant shall use only the form of the Arena Logos as provided by City to Tenant in any artwork or other depiction thereof and shall not alter the design, color, or quality of such logo.
Section 3.2 Arena Operation Standard.
Throughout the Term, the City shall cause the Arena, Arena facilities and services, and building systems to be operated and maintained in a first class, safe, good working, and commercially reasonable manner, in the same or better condition existing as of the date of this Lease. City acknowledges that Tenant has chosen to play in the Arena and entered into this Lease in consideration for the representation of City that the Arena will provide a safe, quality, enjoyable venue for its fans, players, and employees, such that the covenants set forth in this Section are material covenants of City under this Lease.
Without limiting the foregoing, such operation and maintenance with be consistent with EXHIBIT 1 463
and equivalent to or better than the League Standard.
All capital repairs and improvements required to provide the Arena and all other services and facilities consistent with all laws and regulations, and the League Standard, shall be at the sole cost and expense of City; provided that if the City is unable to pay for capital repairs of existing improvements which Tenant reasonably deems necessary to conduct Team Events, City shall promptly meet with Tenant to discuss funding options.
If, following such meeting, the Parties cannot agree on the timing and payment for such capital repairs, Tenant, in addition to its other remedies, may terminate this Lease upon no less than 30 days written notice to City.
Arena will provide, operate and utilize magnetometers, or equivalent technology, at Arena entry points for all Team Events held by Tenant pursuant to this Lease.
Section 3.3 City’s Control of Arena.
Subject to the terms of this Lease and Tenant’s operational rights provided herein, the City shall otherwise retain the complete control of the operation, management, and maintenance of the Arena, including, without limitation, the right to book and conduct other sports and entertainment events consistent with the Booking Policies and Procedures.
Without limiting the generality of the foregoing grant of control to the City, the City reserves the exclusive right, at its sole cost and expense, to do the following, as long as such actions do not materially interfere with the Tenant’s ability to conduct, schedule and operate Team Events at the Arena consistent with this Lease, and such actions are consistent with the League Standard and other standards provided herein:
(a) Change, in any manner whatsoever, the number, appearance, dimension, and locations of Arena walks, buildings, landscaping, parking and service areas. (b) Regulate all traffic within and related to the Arena, including the Arena Parking Facilities.
(c) Promulgate, from time to time, reasonable rules, and regulations regarding the use of Arena for the purpose of ensuring that Arena operations are in keeping with the community standards and the family atmosphere of Arena or to provide for public safety.
(d) Regulate the days and hours the Arena and various business operations within the Arena will be open to the public; provided, however, that the Arena box office shall be opened for business during hours that are comparable to the business hours maintained at box offices serving comparable public arenas; and provided, further, however, that the City shall establish and implement a system whereby authorized personnel of the Tenant will have access to Arena.
EXHIBIT 1 464
(e) Determine the size, number, quality, and type and identity of concessions, stores, businesses, and operations being conducted or undertaken at the Arena.
Section 3.4 Manager.
The City has designated the Manager to serve as, and the Tenant acknowledges that the Manager is, the City’s authorized representative for operation, management, and maintenance of the Arena, with authority to represent the City in performing the City’s duties and responsibilities and to exercise the City’s rights and authorities under this Lease. As the City’s authorized representative, the Manager is responsible, on behalf of the City, for the day-to-day operation, management, and maintenance of the Arena. The Tenant shall direct any questions or matters needing the City’s approval or input and any other matters requiring communication with the City under this Lease only to the Manager, with a copy to the City as provided in Section 7.1.
(a) The Manager is under separate obligation to the City to regularly report to the City, and to obtain input and decisions from the City regarding all matters arising in connection with the operation, management and maintenance of the Arena and the performance of this Lease that require City approval or action. The Manager on behalf of the City will report all decisions and actions of the City under this Lease to the Tenant. (b) Subject to any separate agreement with the Manager, the City may change the entity and/or individual acting as the Manager, or delegate one or more specific operations, management, or maintenance functions to one or more specific other representatives, at any time with notice and without liability to the Tenant. Any Manager of the Arena is the beneficiary of all the Tenant’s obligations to the City under this Lease, including without limitation, all releases, and indemnities. However, Manager’s failure to perform shall not relieve City’s obligations to Tenant hereunder.
Section 3.5 Copyrighted Material.
Each party hereto warrants and covenants, in its own behalf and in the Team’s (or City’s as applicable) and any applicable artist/performer’s behalf, that all copyrighted material to be performed or otherwise used at Team Events has been or shall be duly licensed or authorized by the copyright owner or their representatives, and that any and all royalty fees arising from the use of copyrighted material in the performance has been or shall be paid in full when due.
Section 3.6 Community Involvement.
The Tenant shall endeavor to seek and encourage involvement and participation of the Team’s players and coaches in civic endeavors such as a Team booster club, community projects, school appearances, developing youth basketball, television, press, and radio interviews, charities, and civic functions when reasonably requested; however, provided that Tenant acts in good faith, no particular failure of participation under this Section shall be deemed a Tenant Event of Default under this Lease.
EXHIBIT 1 465
Section 3.7 Insurance.
Tenant is responsible for proof of insurance as set forth in Exhibit C.
City shall carry full replacement property insurance during the Term of this Lease for the Arena (or self-insure for such replacement using best industry standard practices).
At Tenant’s request, City shall promptly provide evidence of such insurance or selfinsurance program.
Section 3.8 Responsibility for Equipment and Acts; Lost Items.
As between Tenant and City under this Lease, the Tenant assumes full responsibility for equipment brought or used by it, and for the acts and conduct of players, officials, and all others participating in any Team Event. Lost articles of the public discovered by Tenant shall be given promptly to the Manager, who shall thereafter have full custody of such articles.
Section 3.9 Employees and Agents.
The Tenant agrees that its agents and employees involved in the preparation for, or presentation of, Team Events, shall not be considered employees or agents of the City for any purposes, including, but not limited to, worker’s compensation. The Tenant further agrees that in the event of a claim for any benefits against the City made by one of the Tenant’s employees, the Tenant shall indemnify, defend and hold harmless the City from any and all damages as an employer under the California Workers’ Compensation Insurance Act, and for any independent contractors or companies claiming City benefits or works’ compensation coverage. The provisions of this Section shall survive the expiration of the Team and the termination of the Lease.
The City agrees that its agents and employees involved in the preparation for, or presentation of, Team Events, shall not be considered employees or agents of the Tenant or Team for any purposes, including, but not limited to, worker’s compensation. The City further agrees that in the event of a claim for any benefits against the Tenant or Team made by one of the City’s employees, contractors or agents, the City shall indemnify, defend and hold harmless the Tenant from any and all damages as an employer under the California Workers’ Compensation Insurance Act, and for any independent contractors or companies claim in benefits or works’ compensation coverage. The provisions of this Section shall survive the expiration of the Team and the termination of the Lease.
Section 3.10 Hazardous Waste.
The Tenant shall comply, in all material respects, with every applicable law and regulation regulating hazardous substances brought into the Arena by the Tenant, and shall not cause to occur upon, in, or about the Arena, or use the Arena to generate, EXHIBIT 1 466
produce, manufacture, refine, transport, treat, store, handle, dispose, transfer, or process hazardous substances, except in compliance with all applicable laws and regulations.
The Tenant shall provide, upon request, the City with copies of all Material Safety Data Sheets (“MSDS”), environmentally related regulatory permits or approvals (including revisions or renewals), and any correspondence the Tenant receives from, or provides to, any governmental unit or agency in connection with the Tenant’s handling of hazardous substances or the presence, or possible presence, of any hazardous substance in or about the Arena.
As Landlord, City shall be responsible for all hazardous substances at the Arena not introduced by Tenant and represents and warrants to Tenant that it operates and maintains the Arena consistent with all laws related to the environment and hazardous substances.
Section 3.11 Equal Employment Provisions.
During the Term of this Lease, the Tenant shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, national origin, or handicap in a manner that violates any applicable federal or state law.
Section 3.12 No Claims.
Nothing contained in this Lease shall create or justify any claim against the City by any person that the Tenant may have employed or with whom the Tenant may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the Tenant’s use and occupancy of the Arena.
ARTICLE 4. DAMAGE, DESTRUCTION, AND CONDEMNATION
Section 4.1 Damage and Destruction.
In the event of any damage or destruction of the Arena that renders the Arena unusable, or in case of emergency, which in the City’s reasonable discretion prevents the Arena from being used for Team Events, this Lease shall be suspended for such time until such damage or destruction has been repaired or until the emergency has passed, and the Tenant’s payments to the City shall also be suspended (provided that if Tenant is reimbursed for such payments such as via insurance, and the reimbursed funds are not needed to pay for alternate facilities, then payments shall continue unabated). During such period, the Tenant may play Home Games at a site other than the Arena. (a) If the City fails to begin to repair or restore the Arena, or if the emergency has not passed, within ninety (90) days following the date of such damage or destruction or emergency, this Lease, at the option of Tenant, shall terminate as of the date of such damage, destruction, or emergency.
EXHIBIT 1 467
Section 4.2 Condemnation.
If the whole or any substantial part of the Arena shall be taken by any paramount public authority under the power of eminent domain which renders the Arena unavailable or unusable in the manner contemplated hereby, then this Lease shall be terminated from the day when the possession of that part shall be taken for said public purpose.
All damages awarded for this taking with respect to the value of the Arena and the parcel upon which it is located shall belong to and be the property of the City, subject to the terms of the sale of the bonds which partially funded the construction of the Arena and all agreements pertaining to that sale. Subject to the terms of the sale of the bonds, nothing herein shall preclude or prevent the Tenant from bringing an action or otherwise seeking to recover from the condemning public authority the value of its leasehold interest in this Lease, the loss of goodwill related to operation of the Team, or other similar damage to the Tenant attributable to such condemnation.
Section 4.3 Damage to Facilities by Tenant.
The Tenant’s employees and agents shall not damage the Arena or other City property other than typical wear and tear and the Tenant shall, upon demand and at the Tenant’s sole cost and expense, repair or replace any and all Arena property or other property damaged by its employees or agents, provided however, that property damaged during normal Team play shall not be considered damaged under this Section and shall be considered normal wear and tear and shall be repaired or replaced by City at its sole cost and expense.
ARTICLE 5. DEFAULT AND REMEDIES
Section 5.1 Tenant Default.
The following events each constitute a “Tenant Event of Default” and a basis for the City to take action against the Tenant:
(a) Team Withdrawal from League or Relocation. The Tenant causes or permits the withdrawal or removal of the team from the League or other professional basketball league which may replace the League, or the Tenant causes or permits the relocation of the Team from the Arena, provided that the Tenant shall not be in default under this paragraph (ii) if it acquires and operates a replacement team, otherwise in compliance with the provisions of Section 3.1; or
(b) Failure to Pay. The failure by the Tenant to make any payment under this Lease when and if due, and the continuance of such failure for a period of ten (10) days after written notice thereof from the City to the Tenant; or (c) Failure to Use Arena. Subject to Force Majeure, the failure by the Tenant EXHIBIT 1 468
to use and occupy the Arena for Team Events as set forth in this Lease, including, without limitation, the failure of the Team to play more than two of its Home Games at the Arena; or
(d) Unauthorized Transfer. A Transfer occurs, either voluntarily or involuntarily, in violation of Section 7.6; or
(e) Failure to Perform. The failure by the Tenant to observe or perform any material covenant, condition, or provision of this Lease not already specifically mentioned in this subsection (a), where such failure continues for thirty (30) days after written notice from the City notifying the Tenant of such failure, provided, however that if the nature of the Tenant’s failure is such that more than thirty (30) days are reasonably required to cure, then the Tenant shall not be in default if Tenant begins such cure with in the thirty (30) day period described above and thereafter diligently prosecutes such cure to complete; or
(f) Misrepresentation. Any misrepresentation or warranty contained in this Lease proves to have been incorrect in any material and adverse respects when made; or
(g) Suspension; Dissolution. The Tenant, or the Team, shall have voluntarily suspended its business, or the Tenant shall have been dissolved or terminated; or (h) Other Defaults.
i) The making by the Tenant of any general assignment or general arrangement of the benefit of creditors;
ii) The filing by or against the Tenant of a petition to have the Tenants adjured bankrupt or a portion of reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against the Tenant, the same is dismissed with sixty (60) days);
iii) The taking of any action at the corporate level by the Tenant to authorize any of the foregoing actions on behalf of the Tenants; or iv) The appointment to a group or receiver to take possession of the Tenant’s interest in this Lease, where such seizure is not discharged within sixty (60) days.
Section 5.2 City Remedies in General.
If a Tenant Event of Default shall occur the City at any time thereafter may file a written termination notice to Tenant, and on the date specified in such notice (which shall not be less than the time required by applicable law or as otherwise provided in this Lease and which may be the day of the notice for defaults under Section 5.1, (above), the EXHIBIT 1 469
Tenant’s right to possession shall terminate and this Lease shall terminate, unless on or before such date all arrears of sums payable by Tenant under this Lease and all costs and expenses incurred by or on behalf of the City hereunder, of which Tenant has been given notice in accordance with subsection (b) above shall have been paid by Tenant and all other breaches of this Lease by Tenant at the time existing, of which Tenant has been given notice in accordance with subsection (e), (above), shall have been cured. In the event the City terminates this Lease pursuant to the provisions of this Section, the City may pursue all remedies available under law or in equity, including recovery of damages (which shall consist of all actual damages). The remedies provided for in this Lease are in addition to any other remedies available to City by law or in equity by statue or otherwise. Notwithstanding the foregoing, City shall not terminate this Lease during a League season in the event that the Tenant Event of Default is contested in good faith by Tenant; provided that this tolling of the termination right shall not otherwise limit City’s remedies hereunder.
Section 5.3 Specific Performance Remedy.
NOTWITHSTANDING ANY OF THE FOREGOING, THE PARTIES
ACKNOWLEDGE THAT THE GAME PLAYED BY THE TEAM(S) ARE UNIQUE AND
PLAYED WITH PARTICULAR SKILL SUCH THAT THERE IS NO SUBSTITUTE THEREFORE. BASED ON THE FOREGOING, THE PARTIES ACKNOWLEDGE THAT
THE DAMAGES SUFFERED BY THE CITY OR TENANT FOR CERTAIN EVENTS OF
DEFAULT HEREUNDER CANNOT BE ESTIMATED WITH ANY DEGREE OF
CERTAINTY AND THAT MONETARY DAMAGES CANNOT FAIRLY AND
ADEQUATELY COMPENSATE THE OTHER FOR A BREACH OF SAID COVENANTS;
THEREFORE, THE PARTIES AGREE THAT THEY SHALL HAVE THE RIGHT, IN
ADDITION TO ANY OTHER APPLICABLE RIGHTS OR REMEDIES, TO SEEK TO
COMPEL THE OTHER TO COMPLY WITH THE AFORESAID COVENANTS BY
APPROPRIATE SPECIFIC PERFORMANCE, INJUNCTIVE OR EQUITABLE PROCEEDINGS WITHOUT POSTING ANY BOND. ADDITIONALLY, ANY PROVISION
OF LAW OR THIS LEASE TO THE CONTRARY NOTWITHSTANDING, THE PARTIES
ACKNOWLEDGE AND AGREE THAT IF THE PARTIES WERE TO FAIL TO OBSERVE
OR TO PERFORM CERTAIN OF THE MATERIAL PROVISIONS IN THIS LEASE, THE
AWARD OF DAMAGES ARISING FROM SUCH EVENT OF DEFAULT MAY NOT BE
AN ADEQUATE REMEDY, IN THAT THE SUBJECT MATTER OF THIS LEASE IS
UNIQUE, AND THE BREACH OF SUCH OBLIGATIONS COULD CREATE IRREPARABLE HARM INCAPABLE OF CALCULATION BY MONETARY DAMAGES.
THEREFORE, THE PARTIES ACKNOWLEDGE AND AGREE THAT EACH PARTY HAS
THE ABSOLUTE RIGHT TO SEEK SPECIFIC PERFORMANCE, ANY OTHER
INJUNCTIVE RELIEF, AND/OR ANY OTHER COURT ORDER TO ENFORCE THE COVENANTS AND OBLIGATIONS UNDERTAKEN UNDER THIS LEASE; AND
NOTWITHSTANDING ANY OTHER PROVISION IN THIS LEASE, A CURE PERIOD
SHALL BE A CONDITION TO THE RIGHT TO OBTAIN SUCH SPECIFIC
PERFORMANCE, OTHER INJUNCTIVE RELIEF OR ANY COURT ORDER ENFORCING PERFORMANCE OF THIS LEASE.
EXHIBIT 1 470
Section 5.4 City Default.
The following events each constitute a “City Event of Default” and a basis for the Tenants to take action against the City:
(a) Failure to Pay. The failure by the City to make any payment under this Lease when and if due, and the continuance of such failure for period of ten (10) days after written notice thereof from the Tenant to the City; or (b) Failure to Perform. The failure by the City to observe or perform any material covenant, condition, or provision of this Lease or otherwise specifically mentioned in this subsection (a), where such failure continues for thirty (30) days after written notice form the Tenant notifying the City of such failure, provided, however, if the nature of the City’s failure is such that more than thirty (30) days are reasonably required to cure, then the City shall not be in default if it begins such cure within the thirty (30) day period described above and diligently prosecutes such cure to completion; or (c) Failure to Make Arena Available. Subject to Force Majeure, the failure by the City to provide the Arena for Team Events as set forth in this Lease, subject to Article 1, Section 1.1 (b); or
(d) Misrepresentation. Any representation or warranty of the City contained in this Lease proves to have been incorrect in any material and adverse respect when made. (e) Tenant Remedies. If a City Event of Default shall occur the Tenant at any time thereafter may file a written termination notice to Tenant, and on the date specified in such notice (which shall not be less than the time required by applicable law or as otherwise provided in this Lease and which may be the day of the notice for defaults under Section 5.1), the Tenant’s right to possession shall terminate and this Lease shall terminate, unless on or before such date all arrears of sums payable by City under this Lease and all costs and expenses incurred by or on behalf of the Tenant hereunder, of which City has been given notice in accordance with subsection (a) above shall have been paid by City and all other breaches of this Lease by City at the time existing, of which City has been given notice, shall have been cured. In the event the Tenant terminates this Lease pursuant to the provisions of this Section, the Tenant may pursue all remedies available under law or in equity, including recovery of damages (which shall consist of all actual damages). The remedies provided for in this Lease are in addition to any other remedies available to Tenant by law or in equity by statue or otherwise.
Notwithstanding the foregoing, Tenant shall not terminate this Lease during a League season in the event that the City Event of Default is contested in good faith by Tenant; provided that this tolling of the termination right shall not otherwise limit Tenant’s remedies hereunder.
(f) League Rules. City acknowledges that failure of the Arena to comply with the standards and regulations set forth in the League Rules may render Tenant’s use and EXHIBIT 1 471
occupancy of the Arena as contemplated by the parties hereunder prohibited or discouraged by the League. In such event, Tenant shall immediately notify City of the failure (and the League action) and shall not be responsible for any Rent for Tenant Event Dates which must be abandoned. This Lease is subject to the League Rules. In the event of any conflict between the terms of this Lease and the League Rules in effect from time to time, the League Rules shall govern and control in all respects. The City acknowledges that it shall have no recourse against, and hereby covenants not to bring any claim against the NBA, any of its member teams (excluding the Tenant), any of their respective affiliates, or any of the employees, directors, shareholders, partners, members, governors, agents or representative of any of the foregoing as a result of any breach by Tenant of this Lease, or any other act or omission by Tenant. If any change in the League Rules after the Effective Date materially and adversely impacts the rights of the City under this Lease, then the parties shall negotiate in good faith to mutually agree upon an equitable adjustment to the provisions of this Lease to compensate the City for the value of the rights it does not received as a result of such change in the League Rules.
ARTICLE 6. REPRESENTATIONS AND WARRANTIES
Section 6.1 Representations and Warranties of Tenant.
The Tenant hereby represents and warrants to the City as follows:
(a) Due Organization and Existence. The Tenant is a duly organized, validly existing Nevada limited liability company, and is in good standing, and is entitled to do business in California under the laws of the State of California and has the power an authority to carry on its business as now being conducted. (b) Approvals. Except as previously obtained, no consent, approval, order, or authorization of, or registration, declaration, or filing is required in connection with the execution and delivery of this Lease by the Tenant.
(c) Authority of Tenant. The Tenant has full power an authority to execute and deliver this Lease and to accept the property contemplated hereunder, to execute and deliver all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Lease, and to perform and observe the term and provision of all the above.
(d) Authority of Persons Executing Documents. This Lease and all other documents or instruments executed and delivered, or to be executed and delivered by the Tenant, pursuant to his Lease have been executed and delivered by persons who are duly authorized to execute an deliver the same for and on behalf of the Tenants, and all actions required under the Tenant’s organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Lease and all other documents or instruments executed and delivered, or to be executed and delivered, EXHIBIT 1 472
pursuant this Lease, have been duly taken (to the extent such actions are required as of the date of execution and delivery of the above-named documents). (e) Valid Binding Agreement. This Lease constitutes a legal, valid, and binding obligation of the Tenant enforceable by and in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium, and other similar laws affecting the right of creditors generally and general principles of equity. (f) No Breach of Law or Agreement. Neither the execution nor delivery of this Lease by the Tenant or of any other documents or instruments executed and delivered, or to be executed or delivered by the Tenant, pursuant to this Lease, nor the performance by the Tenant of any provision, during the term hereof or thereof, will conflict with or result in a breach of any statue, rule or regulation or any judgment, decree or order of any court, board, commission or agency whatsoever binding on the Tenant, or any person of the organizational dockets of the Tenants, or will conflict with or constitute a breach of or a default under any restriction, agreement or instrument to which Tenant is a party. (g) Pending Proceedings. The Tenant is not in default under any laws or regulation or under any order of any court, board, commission or agency whatsoever and there are no claims, action, suites or proceedings pending or, to the knowledge of Tenant, threatened against or affecting the Tenant or the Team at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to the Tenant, materially and adversely affect the Tenant’s ability to perform its obligations under this Lease.
(h) League Rules. The terms and provisions of this Lease do not violate any League Rules to which the tenant or the Team is party or subject to. The Arena Best Practice Guide attached hereto as Exhibit D contain many of the current League Rules; provided, however, that the League Rules are not limited to those set forth in Exhibit D and may change from time to time.
Section 6.2 Representations and Warranties of City.
The City represents covenants and warrants to the Tenant as follows:
(a) Due organization and Existence. The City is a charter city and has the power to enter into this Lease.
(b) Approvals. Except as previously obtained, no consent, approval, order, or authorization of, or registration, declaration, or filing is required in connection to the execution and delivery of the Lease by the City.
(c) Authority of the City. The City has full power an authority to execute and deliver this Lease and to accept the property contemplated hereunder, to execute and deliver all other documents or instrument secured and delivered, or to be executed and leased pursuant to his Lease, and to perform and observe the terms and provision of the EXHIBIT 1 473
above.
(d) Authority of Person Executing Documents. This Lease and all other documents or instruments executed and delivered, or to be executed and delivered by the City, pursuant to this lease have been executed and delivered by person(s) who are duly authorized to execute and deliver the same and on behalf of City, and all actions required under the City’s organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Lease and all of their documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Lease, have been duly taken (to the extent such actions are required as of the date of execution and delivery of the above-named documents). (e) Valid Binding Agreement. This Lease constitutes a legal, valid, and binding obligation of the City; enforceable by and against it in accordance with its respective terms, subject to bankruptcy, insolvency, reorganization, moratorium, a note similar laws affecting the right so creditors generally and general principles of equity. (f) No Breach of Law or Agreement. Neither the execution nor delivery of this Lease by the City or of any other documents or instruments executed and delivered, or to be executed or delivered by the City, pursuant to this Lease, nor the performance by the City of any provision during the term hereof or thereof, will conflict with or result in a breach of any statue, rule or regulation or any judgment, decree or order of any court, board, commission or agency whatsoever binding on the City, or any person of the organizational dockets of the City, or will conflict with or constitute a breach of or a default under any restriction, agreement or instrument to which City is a party. (g) Pending Proceedings. The City is not in default under any laws or regulation or under any order of any court, board, commission or agency whatsoever and there are no claims, action, suites or proceedings pending or, to the knowledge of City, threatened against or affecting the City at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to the Tenant, materially and adversely affect the Tenant’s ability to perform its obligations under this Lease.
ARTICLE 7. GENERAL PROVISIONS
Section 7.1 Notices. Demands and Communications.
Formal notices, requests for consents, demands, and communications between the City and the Tenant shall be sufficiently given if and shall not be deemed given unless dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered by email, or delivered personally, to the principal office of the parties as follows:
City: City of Stockton
425 North El Dorado Street
EXHIBIT 1 474
Stockton, CA 95202
Attn: City Manager
With a copy to: City of Stockton
Office of City Attorney
425 North El Dorado Street
Stockton, CA 95202
Tenant: c/o Basketball Development LLC
500 J Street, 4th Floor
Sacramento, CA 95814
Attn: Jeff Dorso, Senior Vice President/General Counsel [email protected]
With a copy to: c/o Basketball Development LLC
500 J Street, 4th Floor
Sacramento, CA 95814
Attn: John Rinehart, President, Business Operations
[email protected]
Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate by mail as provided in this Section. Receipt shall be deemed to have occurred on the date shown on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable).
Section 7.2 Force Majeure.
In addition to specific provisions of this Lease, performance by either party shall not be deemed to be in default where delays or defaults are due to war; insurrection; acts of terrorism; epidemics/pandemics; strikes; lock-outs; riots; floods; earthquakes; fires; quarantine restrictions; freight embargoes; energy shortages; energy rationing; discovery of previously unknown Hazardous Materials or archeological or historical resources; lack of transportation; court order preventing action; pending litigation that presents a material financial risk to a party if it proceeds with action under this Lease while the outcome of such litigation is pending; delays in processing approvals caused by any governmental entity (other than the City); government emergency orders; or any other similar causes (other than lack of funds of Tenant) beyond the control or without the fault of the party claiming an extension of time to perform (“Force Majeure”). An extension of time for any cause will be deemed granted if notice by the party claiming such extension is sent to the other within ten (10) days from the commencement of the cause and such extension of time is not rejected in writing by the other party within ten (10) days of receipt of the notice.
In no event shall the City or the Tenant be required to agree to cumulative delays in excess of one hundred eighty (180) days.
Without limiting the foregoing, in the event the Tenant is forced to cancel or EXHIBIT 1 475
reschedule Home Game(s) due to such Force Majeure events, including, without limitation, League –wide issues (strikes, lock-outs, reorganization) or public protests, Tenant will not be in default hereunder and shall not be obligated to pay Rent for such Team Event Date; provided, however, that (a) upon notice from Tenant of such cancellation or rescheduling, City cooperate with Tenant to potentially reschedule such Team Event Date, and shall immediately cancel and mitigate to the extent possible any costs to be incurred by City with respect to the original date; and (b) Tenant shall promptly reimburse City for any unmitigated out-of-pocket costs incurred by City for each such original Team Event Date.
Section 7.3 Indemnification.
(a) By Tenant. The Tenant shall indemnify, defend and hold the City, the City’s council members, the Manager, and the City’s and the Manager’s respective officers, employees, agents successors and assigns harmless against all claims made against it and expenses (including reasonable attorneys’ fees) which arise out of or in connection with the Tenants use and occupancy of the Arena, except to the extent such claim arises from the negligent or willful misconduct of the City or the Manager. (b) By City. The City shall indemnify, defend and hold the Tenant, and the Tenant’s respective officers, employees, agents, successors and assigns harmless against all claims made against it and expenses (including reasonable attorneys’ fees) which arise out of or in connection with the City’s operation and management of the Arena, except to the extent such claim arises from the negligent or willful misconduct of the Tenant.
(c) Survival. The provisions of this Section shall survive the expiration of the Term and the termination of the Lease.
Section 7.4 Relationship of Parties.
Nothing contained in this Lease shall be interpreted or understood by either of the parties, or by any third persons as creating the relationship of employer an employee, principal, and agent, limited or general partnership, or joint venture between the City and the Tenant or its agency, employees, or contractors. The Tenant has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under this Lease. The Tenant shall be solely responsible for its own acts and those of its agents and employees.
Section 7.5 Waivers.
Any waiver by either party of any obligation or condition in this Lease must be in writing. No waiver will be implied from any delay or failure by a party to take action on any breach or default of the other or to pursue any remedy allowed under this Lease or applicable law. Any extension of time granted to a party to perform any obligation under this Lease shall not operate as a waiver or release from any of its obligations under this EXHIBIT 1 476
Lease. Consent by the City to any act or omission by the Tenant shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers.
Section 7.6 Transfers.
(a) Prohibited Transfers. Except as expressly permitted in this Lease, the Tenant represents and agrees that the Tenant has not made or created and will not make or create or suffer to be made or created during the Term, any Transfer of any nature whatsoever in the Arena or this Lease, either voluntarily or by operations of law without the prior written approval of the City.
(b) Transfers with City Consent. The Tenant is permitted to Transfer this Lease with the City’s prior written consent which shall not be unreasonably withheld or delayed, and which shall be given if: (i) the transferee has been approved pursuant to the applicable League Rules; and (ii) the transferee possesses financial capability and management expertise reasonably sufficient to operate the Team and perform the obligations of the tenant under this Lease.
(c) To Effectuate an Approved Transfer. The Tenant shall submit to the City, for the City’s review and approval and entrustment in writing reasonably satisfactory of the city executed by the person or entity to which such Transfer is made expressly assuming the obligations of the Tenant term of this Lease and agreeing to be subjected to the conditions and obligations to which the Tenant is subject under this Lease, to the fullest extent and that such obligations are applicable to the particular portion of or interest in the Lease, that the Tenant conveyed in such Transfer. If a recurred Transfer is approved by the City, such approval shall be indicated to the Tenant in writing. Such approval shall be granted or denied by the City within twenty-one (21) days of receipt by the City, unless Council authorization is required for approval of a Transfer. If such authorization is required, City must take appropriate action to move the request to completion within twenty-one (21) days.
(d) Transfers Not Requiring City’s Consent. Notwithstanding anything to the contrary set forth herein, Tenant may Transfer this Lease without City’s consent, but with written notice to City, to any parent, subsidiary or affiliate entity which is under common control with the named Tenant, which is approved by the League pursuant to the applicable League Rules. Such Transfer shall not relieve Tenant of liability hereunder, unless approved by City in City’s reasonable discretion.
Section 7.7 Binding Effect.
The rights and obligations of this Lease shall inure to the benefit of, and be binding upon, the parties to the Lease and their heirs, administrators, executors, personal representatives, successors, and assigns.
Section 7.8 Entire Agreement; Amendments.
EXHIBIT 1 477
This Lease constitutes the entire understanding and agreement of the parties with respect to the matters set forth herein and supersedes any prior written or oral statement and understandings. The parties may amend this Lease only by means of a writing signed by the parties expressly stating its intention to amend this Lease.
Section 7.9 Interpretation.
Each reference in this Lease to this Lease, or any other agreement, plan, or document shall refer to the named agreement, plan or document as such agreement, plan or document may be amended from time to time.
(a) Statutory references include any amendments to or renumbering of the referenced statutes.
(b) As used in this Lease, the singular shall include the plural; the masculine gender shall include the feminine; “shall” is mandatory; “may” is permissive.
Section 7.10 Non-Interest.
No officer or employee of City shall hold any interest in this Lease (California Government Code section 1090).
Section 7.11 Non-Liability of Individuals.
No member, official, employee or agent of the City shall be personally liable to the Tenant in the event of any default or breach by the City or for any amount, which may become due to the Tenant or its successor or on any obligation under the terms of this Lease. No member, official, employee or agent of the Tenant shall be personally liable to the City in the event of any default or breach by the Tenant or for any amount, which may become due to the City or its successor or on any obligation under the terms of this Lease.
Section 7.12 No Third-Party Beneficiaries.
There shall be no third-party beneficiaries to this Lease with the exception of the rights created for the benefit of the Manager as described in Section 3.4 herein.
Section 7.13 Applicable Law.
This Lease shall be governed by California law.
Section 7.14 Legal Actions.
(a) Attorneys’ Fees. In the event any legal action is commenced to interpret or to enforce the terms of this Lease or to collect damages as a result of any Tenant Event of Default or City Event of Default, the party prevailing in any such action shall be entitled EXHIBIT 1 478
to recover against the party not prevailing all reasonable attorneys’ fees and costs incurred in such action (including any appeal of such action). The provisions of this subsection shall survive expiration of the Term or any earlier termination of this Lease. (b) Third Party Litigation. In the event legal action is commenced by a third party or parties, the effect of which is to directly or indirectly challenge or compromise the enforceability, validity, or legality of this Lease and/or the power of the City or the Tenant to enter into this Lease or perform its obligations hereunder, either the City or the Tenant may (but shall have no obligation to) defend such action. Upon commencement of any such action, the City and the Tenant shall meet in good faith and seek to establish a mutually acceptable method of defending such action.
(c) Forum. Any lawsuit pertaining to any matter arising under, or growing out of, this Lease shall be instituted in San Joaquin County, California.
Section 7.15 Severability.
If any term of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
Section 7.16 City Approval.
Whenever this Lease calls for City approval, consent, or waiver, the written approval, consent, or waiver of the City Manager or his or her designee, as designated in writing signed by the City Manager, shall constitute the approval, consent, or waiver of the City, without further authorization required from the City. The City hereby authorizes the City Manager or his or her designee, as designated in writing signed by the City Manager, to deliver such approvals or consents as are required by this Lease, or to waive requirements under this Lease, on behalf of the City. Any consents or approvals required under this Lease shall not be unreasonably withheld or made, except where it is specifically provided that a sole discretion standard applies. The City Manager or his or her designee, as designated in writing signed by the City Manager, is also hereby authorized to approve, on behalf of the City, requests by the Tenant for reasonable extensions of time deadlines set forth in this Lease.
Section 7.17 Multiple Originals; Counterparts.
This Lease may be executed in multiple original counterparts, each of which is deemed to be an original, and all such counterparts shall constitute one and the same instrument.
Section 7.18 Possessory Interest Tax.
As Tenant shall never have exclusive control of the Arena, Tenant believes that EXHIBIT 1 479
Tenant shall not owe possessory interest tax on its interest in the Arena. In the event that such taxes are levied, Tenant and City shall cooperate to dispute any such proposed levy, but ultimately, Tenant is solely responsible for such taxes as may be deemed appropriate.
The Tenant shall have the right to contest in good faith, any such taxes or assessments.
In the event it is determined by the appropriate body that such taxes are due, the Tenant shall immediately pay such taxes or assessments. If any such taxes or assessments are not paid when due, then the City may, in addition to any other remedy granted to the City under this Lease, withhold the amount of such unpaid taxes or assessments from the Net Gate Receipts otherwise payable to the Tenant, and apply the withheld amount toward the payment of such unpaid taxes and assessments.
Section 7.19 Operating Memoranda.
The parties acknowledge that the provisions of this Lease require a close degree of cooperation and coordination, and that new information and future events may demonstrate that changes are appropriate with respect to the details of performance of the parties under this Lease. The parties desire, therefore, to retain reasonable flexibility with respect to the details of performance for those items covered in general terms under this Lease. If and when, from time to time during the Term of this Lease, the parties find that refinements or adjustments regarding details of performance are necessary or appropriate, they may effectuate such refinements or adjustments through operating memoranda approved by the parties which, after execution, shall be attached to this Lease as addenda and become a part hereof. This Lease describes some, but not all, of the circumstances in which the preparation and execution of Operating Memoranda may be appropriate.
Operating Memoranda may be executed on the City’s behalf by the City Manager and shall not require prior notice or hearing, or other action of the City Council. Any significant modification to the terms of performance under this Lease shall be processed as an amendment of this Lease in accordance with Section 7.8 and must be approved by the City Council.
Section 7.20 League Approval.
The Parties acknowledge that the effectiveness of this Lease is subject in all respects to the written approval of the League. Following execution by both Parties, Tenant shall promptly submit this Lease to the League for approval, and notify City once same is received (or rejected).
Section 7.21 Attached Exhibits.
The following exhibits are (or upon completion shall be) attached to and incorporated in this Lease by this reference:
Exhibit A – Definition of Terms
Exhibit B – City- Provided Facilities and Services
EXHIBIT 1 480
EXHIBIT 1 481
EXHIBIT A
GLOSSARY OF DEFINED TERMS
Unless the context otherwise requires, the following terms shall have the following respective meanings when used in this Lease. The following definitions are equally applicable both to the singular and plural forms and the feminine, masculine and neuter forms of the terms defined. Any agreement, instrument, or other document defined or referred to below shall include each amendment, modification, and supplement thereto and waiver thereof entered into from time to time in compliance therewith. Any term defined below by reference to any agreement instrument or other document shall have such meaning where or not such agreement, instrument or other document is in effect.
All initially capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in this Lease to which this Glossary is attached. Exhibits reference herein and not otherwise defined are exhibits to this Lease. Unless otherwise indicated, section references are to sections of this Lease.
Adventist Health Arena has the meaning set forth in Section 3.1(g).
Advertising means all announcements, acknowledgements, banners, signs, panels, court side panels, show-bills, promotional materials, handouts and promotional product sampling give-a-ways, and other printed material, audio or visual commercial messages displayed, announced or otherwise presented at the Arena, including without limitation, video messages.
Arena means the multipurpose indoor arena located at 248 West Fremont Street Stockton, CA 95203.
Arena Logos has the meaning as set forth in Section 3.1 (g).
Booking Policies and Procedures has the meaning as set forth in Section 1.1 (b).
California Workers’ Compensation Insurance Act means California Labor Code Section 3700 et. seq.
Cancellation Notice means in the event Tenant has scheduled Team Event at Arena and subsequently Tenant desires to cancel such Team Event, Tenant shall immediately provide written notice of cancellation of the Team Event to the Manager.
Catering Revenue means revenue generated from food and beverage sales located in the Suite Level.
City means the City of Stockton, a charter city of the State of California, acting through the City Council and the City Manager.
EXHIBIT 1 482
City Council means the City Council of the City.
City Event of Default has the meaning set forth in Section 5.2 (a).
City Manager means the City Manager of the City.
Concession Services means all revenue generated from food and beverage sales located on the Main Concourse, Mezzanine Level and Fan Deck (and all other locations in or about the Arena that are not deemed Catering Revenue).
Confirmed Cancellation Date has the meaning set forth in Section 1.1 (b).
Core Facilities and Services has the meaning given in Exhibit B.
Dark Days means any day (or partial day) the Arena is not in use for another event or any black out days due to maintenance, which in either case that would prohibit traffic through the Arena.
Dressing Room Facilities means the facilities within the Arena defined and described in Section 1.1 (c).
Effective Date has the meaning set forth in the Preamble to this Lease.
Extra Facilities and Services has the meaning set forth in Exhibit B.
F&B means food and beverage.
Facility Fee Amount means the agreed upon fee applied to each ticket. For season tickets this is $1.00 fee, for partial season ticket plans and group tickets a fee of $2.00 and for individual tickets a fee of $3.00.
Facility Fee Revenue means the product of the applicable Facility Fee Amount multiplied by the Paid Attendance for each Home Game.
First Offer Notice has the meaning set forth in Section 2.4 (e) (B).
Force Majeure has the meaning set forth in Section 7.2
Gross Gate Receipts means the amount collected directly by the City.
Hazardous Materials means any material, substance or waste designated as hazardous, toxic, radioactive, injurious or potentially injurious to human health or the environment, or as a pollutant or contaminant, or words of similar import, under any Hazardous Materials Law (as defined below). As used herein, “Hazardous Materials Law” means any federal, state or local law, statute, regulation or ordinance now or hereafter in force, as amended from time to time, pertaining to materials, substances or wastes which are injurious or EXHIBIT 1 483
potentially injurious to human health or the environment or the release, disposal or transportation of which is otherwise regulated by any agency of the federal, state or any local government with jurisdiction over the Arena or any such material, substance or waste removed therefrom, or in any way pertaining to pollution or contamination of the air, soil, surface water or groundwater.
Home Games collectively means any game, regardless of pre-season, regular season, and playoff home games.
Initial Term has the meaning set forth in Section 1.3(b).
League Rules means all rules, regulations, policies, procedures, guidelines, and other written documents of any nature governing the conduct of professional teams in the League promulgated by the National Basketball Association (NBA) from time to time. The Arena Best Practice Guide set forth in Exhibit D represents a portion of such League Rules as of the date hereof.
League Standard means standards equivalent to or better than the top tier of venues in the League.
League means the National Basketball Association’s developmental G League.
Lease means this Lease.
Luxury Suites means the 24 luxury suites located in the Arena.
Manager means SMG or City’s designated operator.
Material Safety Data Sheets means any detailed informational document prepared by the manufacturer or importer of a Hazardous Material.
NBA means the National Basketball Association.
Net Gate Receipts means all revenue generated by Ticket Sales for each Home Game by City and the Team.
Offer has the meaning set forth in Section 2.4 (e) (B).
Option Term means the three (3), one-year option terms that may be exercised for this Lease, as further defined and described in Section 1.3 (c).
Parties means the City and Tenant.
Party means the City or Tenant individually.
Reimbursable Expense has the meaning set forth in Section 2.2.
EXHIBIT 1 484
Rent means the Rent to be paid by the Tenant to the City under this Lease, as further defined and described in Section 2.1.
Secondary Naming Rights means advertising that is used as identification marks and sponsorships within the Arena, including for entrances, rooms or levels within the Arena.
Services has the meaning set forth in Section 2.1.
Shortfall Amount has the meaning set forth in Section 2.4(b).
Special Events means up to ten (10) non-gate revenue and non-ticketed events the Tenant can book annually with no rent for the first three and at half-rent for any additional Special Event per year, except for production and specialty security needs.
Team means the organization with full rights to play professional basketball games within the League at the Arena. The Team is owned by the Tenant.
Team Administrative Offices means the administrative offices designated for use by the Team outside the Arena.
Team Event Dates means the dates (and time periods within each date) scheduled for conduct of the Team Events in accordance with the provisions of Section 1.1 (b).
Team Events means the Home Games held at the Arena and the Special Events and Team Minor Events.
Team Minor Events means up to 10 meetings (including employee meetings), luncheons, banquets, seminars, and other substantially similar events as described in Section 1.1(b).
Team Merchandise means all novelties, souvenirs, merchandise and programs and similar goods related to the Team and sold at Team Events.
Team Season means any one-year playing season of the Team as established by the League (including pre-season exhibition, regular season and playoff games during such Team Season.) which occurs during the Term.
Tenant means Basketball Development LLC.
Tenant Event of Default has the meaning set forth in Section 5.1.
Tenant Exclusive Categories means sponsorship categories as selected in writing by Tenant for advertising during Team Events.
Tenant Luxury Suite means the Luxury Suite designated for exclusive use at the Team EXHIBIT 1 485
Events by the Tenant and its invitees.
Term means the term of this Lease, which shall consist of the Initial Term and any exercised Option Term.
Ticket Fees mean the rebates received from individual game tickets sold directly through Ticketing Service.
Ticket Service means Ticketmaster.
Transfer means an assignment, sublease, license or other similar transfer of the rights and benefits set forth in this Lease.
Weekend Dates means Thursday through Sunday.
EXHIBIT 1 486
EXHIBIT B
ADVENTIST HEALTH ARENA CORE FACILITIES AND SERVICES SUMMARY Core Facilities and Services. The City shall provide the following facilities and services (collectively, the “Core Facilities and Services”) for each Team Event, unless the Tenant requests that any particular Core Facilities or Services not be provided. The City shall provide the Core Facilities and Services without charge to the Tenant (other than payment of Rent in accordance with Section 2.1).
Facilities. The City shall provide the following facilities, which are included at no additional charge with the Rent:
Home Team Locker Room
Locker Room 2
Auxiliary Locker Room
Dressing Rooms 1 -4
Media Room
Laundry Facilities
Training Room
Conference Room D
Conference Rooms A and B
Fan Deck
Club
Weight Room
Storage Areas
Offices
Services. The City shall provide air conditioning, heating, lighting, janitorial supplies, maintenance supplies and equipment, including electrical, gas, water & sewer utilities and other similar miscellaneous goods and services during each Team Event and during periods of set-up and tear-down of the of the Team Event. The City shall provide all items as outlined in Section 1.1 (d) consistent with the League Standard.
Public Address and Scoreboard. The City shall furnish the Arena public address and scoreboard systems on an exclusive basis for each Team Event.
Maintenance and Quality Standard. The City shall cause the Core Facilities and Services described in this part to be provided to the Tenant and shall cause the Arena to be operated and maintained in connection with Team Events consistent with the League Standard.
Center-Hung Scoreboard – Use. If requested by the Tenant, the City, shall make available to the Tenant the use of the Arena’s Center-Hung Scoreboard at no cost to the Tenant. The Tenant shall pay the costs of the Center-Hung Scoreboard personnel utilized during Team events, as provided below.
EXHIBIT 1 487
Extra Facilities and Services. At the Tenant’s request to the City, no less than forty-eight (48) hours prior to the scheduled start of a particular Team Event, the City, shall provide the following facilities and services (collectively, the “Extra Facilities and Services”) for the specified Team Event. The Tenant shall pay the City the amount specified below for the provision of Extra Facilities and Services for each applicable Team Event, as provided in Section 2.2 and 2.3 (a).
A. Center Hung Scoreboard - Personnel. If requested by the Tenant, the City, shall make available to the Tenant the use of the Arena’s Center Hung Scoreboard system as set forth above. The Tenant shall pay the City the costs of the necessary personnel.
B. Broadcast and Television Personnel. If requested by the Tenant, the City shall provide the personnel necessary to assist the Tenant, or its agents, to plug into the existing in-arena broadcast cable wiring. The Tenant shall pay the City for such services per cable feed connection from the Arena used by the Tenant for each Team Event.
C. Rental Equipment. If requested by the Tenant, the City will rent additional equipment necessary for a specified Team Event, which is not already included in the Lease. The Tenant shall pay the city all rental charges, delivery and pick up charges and any damages or loss charges made with respect to such equipment rental, unless such damages or loses arrive from any negligence or willful misconduct on the part of the City, the Manager, or their respective agents, representatives, or employees.
Box Office and Ticket Sales Service. The City shall provide the box office and ticket sales services for Team Events as set forth in Section 1.1 (e).
EXHIBIT 1 488
EXHIBIT C
INSURANCE REQUIREMENTS
Tenant shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Tenant’s operation and use of the leased premises. The cost of such insurance shall be borne by the Tenant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate, with a $4,000,000 umbrella policy.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Tenant 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: Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. (for Tenants with employees).
If the Tenant 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 higher limits maintained. 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 operations performed by or on behalf of the Tenant 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 Tenant’s insurance (at EXHIBIT 1 489
least as broad as ISO Form CG 20 10.) 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 Tenant’s insurance coverage shall be endorsed as primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Tenant’s insurance and shall not contribute with it. The City of Stockton does not accept endorsements limiting the Tenant’s insurance coverage to the sole negligence of the Named Insured.
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:
Tenant hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Tenant may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Tenant 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.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-: VII, unless otherwise acceptable to the City of Stockton.
Self-Insured Retentions:
Self-insured retentions must be declared to and approved by the City of Stockton Risk Services. At the option of the City of Stockton, either: (i) the Tenant shall obtain coverage to reduce or eliminate such self-insured retentions as respects the City of Stockton, its officers, officials, employees, and volunteers; or (ii) the Tenant shall provide a financial guarantee satisfactory to the City of Stockton guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 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.
Verification of Coverage:
EXHIBIT 1 490
Tenant shall furnish the City of Stockton with certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required above. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Tenant’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.
Tenant shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) for each of the required policies.
Certificate Holder Address:
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor
Stockton, CA 95202
EXHIBIT 1 491
EXHIBIT D
46 EXHIBIT 1 492
47 EXHIBIT 1 493
48 EXHIBIT 1 494
49 EXHIBIT 1 495
50 EXHIBIT 1 496
51 EXHIBIT 1 497
52 EXHIBIT 1 498
City of Stockton
Legislation Text
File #: 24-1014, Version: 1
ADOPT A RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE
STATE OF CALIFORNIA DIVISION OF BOATING AND WATERWAYS UNDER THE WATERWAY
CONNECTIONS INITIATIVE GRANT
RECOMMENDATION
It is recommended that the City Council:
1. Adopt a Resolution authorizing the City Manager, or designee, to submit an application to the California Division of Boating and Waterways under the Waterway Connections Initiative Grant;
2. If awarded, authorize the City Manager, or designee, to accept and appropriate the grant award, conduct all negotiations, sign and submit all documents including applications, agreements, amendments, and payment requests, and make all necessary and appropriate actions in compliance with the grant terms and provisions of the State of California, Division of Boating and Waterways funding;
3. Authorizing the filing of a Notice of Exemption No. NOE 55-24 under the California Environmental Quality Act; and
4. Authorize the City Manager to take actions necessary and appropriate to carry out the purpose and intent of this resolution.
Summary
The City is seeking grant funding of $700,000 from the Division of Boating and Waterways (DBAW) to support the planning and development of improvements at the Louis Park Boat Launch (Attachment A - Louis Park Boat Launch Conceptualized Plans). This funding will provide the City with the necessary plans for future construction, aimed at enhancing both the safety and accessibility of the facility for all boaters, including those using non-motorized vessels.
DISCUSSION
Background
The City became aware of the Waterway Connections Initiative grant opportunity through the Division of Boating and Waterways, which supports the planning and development of infrastructure improvements at boating facilities. This grant will allow the City to obtain detailed plans for the improvement of both motorized and non-motorized components at the Louis Park Boat Launch, ensuring the facility better serves a wide range of boaters.
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File #: 24-1014, Version: 1
Louis Park Boat Launch was renovated to its current state in 2008 and has been maintained since that time. While some minor enhancements have been made to accommodate boater use, more significant upgrades are needed to ensure the facility is safe, accessible, and inclusive, particularly for non-motorized boaters who require appropriate launch points, path of travel, and infrastructure.
Present Situation
The City is preparing to apply for and receive funding from the Division of Boating and Waterways to support the development of plans for future improvements at the Louis Park Boat Launch. Proposed upgrades include the addition of an ADA-compliant pathway, a low-profile dock, a boat washing station, enhanced lighting, and a terraced viewing area. These improvements will help create a safer and more inclusive environment for boaters, ensuring that both motorized and non-motorized vessels can safely access the water. The funding will help the City develop the plans needed to facilitate future construction.
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 “categorical exemption” under section(s): 15301(d) as the project involves the restoration and rehabilitation of deteriorated or damaged structures, facilities and equipment to meet current standards to public health and safety.
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. 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 wellmaintained public facilities and utilities that meet community service needs.”
FINANCIAL SUMMARY
There is no matching funds requirement and there is no impact to the City’s General Fund or any other unrestricted fund as a result of the recommended action. If awarded, funds will be appropriated and budgeted in the Special Grant Fund, in the Boat Launch Division.
With grant funding secured, staff will return to the Council to award a contract for project design and planning services. This contract will cover the development of detailed plans for the proposed improvements, including both motorized and non-motorized components. The current grant funding will ensure that the necessary design work is completed, setting the stage for future construction.
Additional grant funding is anticipated from DBAW to aid in the construction phase of this project.
However, the design documents are necessary and critical in securing more funding. A full funding plan will be assembled and brought before Council at a later date, once project design and anticipated project cost are identified.
Attachment A - Louis Park Boat Launch Conceptualized Plans City of Stockton Page 2 of 2 Printed on 11/27/2024
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ATTACHMENT A
501
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE
STATE OF CALIFORNIA DIVISION OF BOATING AND WATERWAYS UNDER THE
WATERWAY CONNECTIONS INITIATIVE GRANT
The City of Stockton has the authority to construct, operate, and maintain the motorized launch at Louis Park and improvements to the non-motorized boat launch at Louis Park; and
The City of Stockton is requesting a $700,000 grant from the Division of Boating and Waterways under the Waterway Connections Initiative Grant; and The City of Stockton desires to enhance, repair, or rebuild and protect the motorized launch at Louis Park and improvements to the non-motorized boat launch at Louis Park to meet the needs of watercraft users and provide other public amenities to those utilizing the facility; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Manager, or designee, is authorized to submit an application to the California Division of Boating and Waterways under the Waterway Connections Initiative Grant.
2. The City Manager, or designee, is authorized to accept the grant award, conduct all negotiations, sign and submit all documents including applications, agreements, amendments, and payment requests, and make all necessary and appropriate actions in compliance with the grant terms and provisions of the State of California, Division of Boating and Waterways funding.
3. Authorizing the filing of a Notice of Exemption No. NOE 55-24 under the California Environmental Quality Act, a copy of which is attached as Exhibit 1 and incorporated by this reference.
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4. The City Manager is authorized to take actions necessary and appropriate to carry out the purpose and intent of this resolution.
PASSED, APPROVED, AND ADOPTED: December 3, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
503
MEMORANDUM
November 20, 2024
TO: Jordan Peterson, Deputy Director of Redevelopment
Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJECT: CEQA NOE 55-24 – CALIFORNIA DIVISION OF BOATING & WATERWAYS –
LOUIS PARK BOAT LAUNCH PLANNING INITIATIVE
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 City of Stockton’s Economic Development Department is seeking grant funding from the Division of Boating and Waterways (DBAW) to support future improvements to the Louis Park Boat Launch facility. The funding, through the Waters Connection Initiative grant, will enable the City to contract with an engineering firm to develop plans for the proposed enhancements, as outlined in Attachment A – Louis Park Boat Launch Conceptualized Plans. These potential improvements include the addition of an ADAcompliant pathway, a low-profile dock, a boat washing station, enhanced lighting, and a terraced viewing area.
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 as it involves the restoration and rehabilitation of deteriorated or damaged structures, facilities and equipment to meet current standards of public health and safety. 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 1 504
MEMORANDUM
November 20, 2024
TO: Nicole Moore, Contract Planner
Community Development Department
FROM: Jordan Peterson, Deputy Director of Redevelopment Economic Development Department
SUBJECT: CALIFORNIA DIVISION OF BOATING & WATERWAYS – LOUIS PARK
BOAT LAUNCH PLANNING INITIATIVE
Please provide the appropriate environmental review for the above-referenced project as described below:
Project Title: Louis Park Boat Launch Planning Initiative Applicant: City of Stockton – Economic Development Department Description/Location: Planning activities, including engineering and design, for Louis Park motorized and non-motorized boat launch
improvements.
The City of Stockton is seeking grant funding from the Division of Boating and Waterways (DBAW) to support future improvements to the Louis Park Boat Launch facility. The funding, through the Waters Connection Initiative grant, will enable the City to contract with an engineering firm to develop plans for the proposed enhancements, as outlined in Attachment A – Louis Park Boat Launch Conceptualized Plans. These potential improvements include the addition of an ADA-compliant pathway, a low-profile dock, a boat washing station, enhanced lighting, and a terraced viewing area.
Additionally, the engineering firm will be responsible for obtaining any necessary permits related to the proposed improvements as well as conducting hydrographic or bathymetric surveys. Should subsequent environmental reviews be required for project implementation, City staff will carry out the necessary evaluations to ensure compliance with CEQA.
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 contact me at extension 8506.
JORDAN PETERSON
DEPUTY DIRECTOR OF REDEVELOPMENT
Attachment
EXHIBIT 1 505
ATTACHMENT A
EXHIBIT 1 506
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: California Division of Boating & Waterways – Louis Park Boat Launch Planning Initiative CEQA Exemption File No.: NOE 55-24
Applicant: City of Stockton, Economic Development Department Project Description/Location: The City of Stockton’s Economic Development Department is seeking grant funding from the Division of Boating and Waterways (DBAW) to support future improvements to the Louis Park Boat Launch facility. The funding, through the Waters Connection Initiative grant, will enable the City to contract with an engineering firm to develop plans for the proposed enhancements, as outlined in Attachment A – Louis Park Boat Launch Conceptualized Plans. These potential improvements include the addition of an ADA-compliant pathway, a low-profile dock, a boat washing station, enhanced lighting, and a terraced viewing area.
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.
The activity is exempt under the "general rule" at CEQA Guidelines Section 15061(B)(3).
The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ X The project is "Categorically Exempt" per CEQA Guidelines Section 15301(d).
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 November 20, 2024
ECONOMIC DEVELOPENT DEPARTMENT (DATE OF PREPARATION)
By
Jordan Peterson, Deputy Director of Redevelopment (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 1 507
City of Stockton
Legislation Text
File #: 24-1060, Version: 1
APPROVE BY MOTION AMENDMENT NO. 2 TO VISIONARY HOME BUILDERS OF CALIFORNIA’S GRANT AGREEMENT FOR THE VILLA D’FLORE HOMEKEY PROJECT
RECOMMENDATION
It is recommended that the City Council, by motion:
1. Approve Amendment No. 2 to Visionary Home Builders of California’s Grant Agreement for the Villa D’ Flore Homekey project, in the amount of up to $407,500 for final project development costs, for a total grant amount not to exceed $6,479,780.
2. Authorize an appropriation of up to $407,500 of Homeless, Housing and Prevention (HHAP) Round 4 grant funding to Visionary Home Builders for the Villa d’Flore Homekey project.
3. It is further recommended that the City Manager, or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
In 2022, with Motion 2022-06-21-1202, the City Council authorized the submission of a revised joint application, submitted by the City of Stockton, in collaboration with Visionary Home Builders (VHB) of California (Co-Applicant), to the California Department of Housing and Community Development (HCD). The joint application to HCD requested up to $3.713 million of Homekey grant funding for the acquisition, rehabilitation, and operation of the Villa d’Flore domestic violence project for homeless individuals and families located in Stockton. The project successfully secured $4,072,280 of Homekey funds. In addition, and under the same Council action, the City allocated $2,000,000 of Housing Homeless and Prevention Round 2 (HHAP 2) funding to the project for a combined total of $6,072,280.
The City and VHB entered into a Grant Agreement on February 28, 2023 for the acquisition, rehabilitation, and operation of the Villa d’Flore project utilizing the Homekey and HHAP Round 2 funds (Attachment A). However, the Grant Agreement was erroneously entered into for the amount of $6,072,000. Therefore, administrative Amendment No. 1 (Attachment B) was entered into on October 25, 2024, to add the remaining $280.00, updating the Grant Agreement to a combined total to $6,072,280.
Staff now recommends Council approval of Amendment No. 2 (Attachment C) to support final construction expenses and completion of this project.
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DISCUSSION
Background
On September 9, 2021, HCD issued a Notice of Funding Availability (NOFA) for local public entities within California to purchase and rehabilitate housing, including hotels, motels, vacant apartment buildings, and other buildings to convert them into interim or permanent, long-term housing. Of the $1.45 billion in Homekey grant funds, $1.2 billion is derived from the Coronavirus State Fiscal Recovery Fund (CSFRF) established by the federal American Rescue Plan Act of 2021 (ARPA) and $250 million in State General Funds. The Homekey program’s primary objective is to provide housing for individuals and families experiencing homelessness or at risk of experiencing homelessness.
On December 14, 2021, Council approved Motion 2021-12-14-1503, authorizing City staff to submit a joint application in collaboration with VHB for Homekey funding, and the City was subsequently awarded funds by HCD. The Villa d’Flore site has thirteen (13) one-bedroom units and two (2) twobedroom units. At full capacity, the project will support 14 households plus one unit reserved for an onsite property manager. The facility totals approximately 9,950 square feet of living space. Individual unit sizes are 650 sq. ft. for one-bedroom units and 750 sq. ft. for the two-bedroom units. There is an on-site parking garage with 13 parking spaces and additional on-street parking available along the adjacent streets.
The Women’s Center Youth & Family Services (WCYFS) will deliver critical services to keep individuals housed. Services provided will include case management, parenting classes, individual peer counseling, support groups for battered women and linkages of residents to specialized services such as health care, mental health care, substance abuse support and others.
Present Situation
Through the course of construction, the Villa d’Flore project encountered several challenges during the rehabilitation process that led to multiple construction change orders and cost overruns. Despite being able to secure additional funding sources from other entities, the project costs have exceeded available grant funding under the City’s current contract.
Through due diligence during project review, including site visits to perform invoice verification, staff were able to confirm significant challenges in rehabilitation of the building that would have been impossible to foresee. Some challenges include replacing a key load-bearing support beam that was severely damaged in a previous fire, compliance with PG&E electrical requirements regarding unidentified underground utilities, and installation of a new fire hydrant. In addition, Americans with Disabilities Act (ADA) improvements were made to meet building compliance requirements and provide better ease of access for all.
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FINANCIAL SUMMARY
Approval of the recommendations will not impact to City’s General Fund or any other unrestricted fund. There is sufficient budget in the Special Grants Fund, Community Services Program, Housing Division, in the HHAP4 project, to support the recommended amendment.
Attachment A - VHB, Villa d’Flore, Project Homekey & HHAP2 Grant Agreement Attachment B - VHB, Villa d’Flore, Amendment No. 1
Attachment C - VHB, Villa d’Flore, Amendment No. 2
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ATTACHMENT A 539
ATTACHMENT A 540
ATTACHMENT A 541
ATTACHMENT B 542
ATTACHMENT B 543
CITY OF STOCKTON
AGREEMENT AMENDMENT
This Amendment Number _____2____ to the above referenced Agreement is entered into on between the City of Stockton (“City”) and Visionary Home Builders of California, Inc., through Villla D’ Flore LLC (“Developer”).
RECITALS
Due to final project costs, the amount of Homeless Housing, Assistance, and Prevention (HHAP) Program Funds must be increased by four hundred seven thousand, five hundred dollars ($407,500) and shall now be $2,407,500. Accordingly, the total Funds, as that term is defined in the Agreement, will also increase, for a new Funds total of $6,479,780.
Now therefore, the City and Developer mutually agree as follows:
1. “HHAP Funds,” as defined in Recital E of the Agreement, shall now be $2,407,500. Any reference to HHAP Funds in the Grant Documents shall refer to this new amount.
2. “Funds,” as defined in Recital E of the Agreement, shall now be $6,479,780. Any reference to the Funds in the Grant Documents shall refer to this new amount.
3. Exhibit B shall read as the following:
Total Project Budget
Line Item Budget
Acquisition $920,000
Hard Cost/Rehab $4,897,791
Soft Costs/Architect/Engineer $1,059,379
Capital Operating Reserves $30,330
Homekey Operating Reserve $122,280
Total $7,029,780
City of Stockton Budget
Line Item Budget
Acquisition $811,497
Hard Cost/Rehab $4,080,149
Soft Costs/Architect/Engineer $1,465,854
Homekey Operating Reserve $122,280
Total $6,479,780
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.
Agreement
Number:
Amendment
Number:
423000581 2
ATTACHMENT C 544
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
DEVELOPER
____________________________________________________________________________ Developer’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, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
ATTACHMENT C 545
City of Stockton
Legislation Text
File #: 24-1170, Version: 1
RESOLUTION TO ADOPT THE UPDATED PUBLICLY AVAILABLE BI-WEEKLY CITY-WIDE SALARY SCHEDULE AS REQUIRED BY CALPERS FOR FISCAL YEAR 2024-2025
RECOMMENDATION
It is recommended that the City Council approve a resolution adopting the updated publicly available salary schedule to reflect bi-weekly pay periods effective September 22, 2024.
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
As a contributing member of the California Public Employees’ Retirement System (CalPERS), the City of Stockton is subject to statutory and regulatory requirements for Public Agencies. The Public Employees’ Retirement Law (PERL), the Public Employees’ Pension Reform Act of 2013 (PEPRA), and the California Code of Regulations (CCR) require that public agencies contracting with CalPERS adopt a publicly available pay schedule to prove the base information for determining pensionable compensation. The publicly available pay schedule is required to be duly approved and adopted by the governing body and made available to the public.
DISCUSSION
Background
CalPERS requires that only compensation earned as defined in Government Code Section 20636 and corresponding regulations be reported to CalPERS and considered in calculating retirement benefits. To determine the amount of “compensation earnable,” a member’s pay rate is limited to the amount identified on a publicly available pay schedule; 2 CCR 570.5 requires that a pay schedule must have the following:
· Be duly approved and adopted by the employer’s governing body in accordance with requirement of applicable public meeting laws;
· Identifies the position title for every employee position; · Shows the pay rate as a single amount or multiple amounts within a range for each identified position;
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· Be posted at the office of the employer or be immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s website; · Indicates an effective date and date of any revisions; · Is retained by the employer and available for public inspection for not less than five years; · Not reference another document in lieu of disclosing the pay rate.
Present Situation
The previous city-wide Salary Schedule reflected monthly salaries by job classification to correlate with the semi-monthly pay frequency. With the transition from a semi-monthly pay frequency to a biweekly pay frequency, the city-wide Salary Schedule has been updated to reflect bi-weekly pay periods accordingly. Additionally, hourly rates and annual salaries for full-time positions are now included.
As Memorandum of Understanding (MOU) agreements are implemented or salary adjustments are made, staff will amend the pay schedule and present to the City Council for adoption.
Therefore, it is recommended that the City Council approve a resolution adopting the updated publicly available salary schedule to reflect bi-weekly pay periods effective September 22, 2024
FINANCIAL SUMMARY
There is no financial impact as a result of adopting this resolution.
City of Stockton Page 2 of 2 Printed on 11/27/2024
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547
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING ADOPTION OF THE UPDATED BI-WEEKLY PUBLICLY
AVAILABLE CITY-WIDE SALARY AND PAY SCHEDULE AS REQUIRED BY CALPERS FOR FISCAL YEAR 2024-2025
The City of Stockton ("City") contracts with the California Public Employees' Retirement System ("CalPERS") to provide retirement benefits for its employees; and California Code of Regulations, Title 2, section 570.5 requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and
The pay schedule must identify each position by title, the individual pay rate amount or ranges for that position, and the time base upon which the amounts are based; and
The City Council now desires to amend the pay schedule in accordance with the requirements of California Code of Regulations, Title 2, section 570.5 to reflect salary changes effective September 22, 2024; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION 1. That the City-wide Salary and Pay Schedule contained in Exhibit 1 attached hereto and made a part hereof, is hereby adopted and amended in accordance with the requirements of California Code of Regulations, Title 2, section 570.5 effective upon the City Council's approval of Amendment to the Schedule of Salary for the Stockton City Employees’ Association (SCEA), Mid-Management/Supervisory Level (B&C), Operations and Maintenance (O&M), Trades and Maintenance (T&M), Water Supervisory Unit, Stockton Fire Management Unit, Stockton Firefighters Local 456 (Fire), Stockton Police Management Association (SPMA), Stockton Police Officers’ Association (SPOA), and Unrepresented Management/Confidential and Law Employees. //
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548
SECTION 2. That the City-wide Salary and Pay Schedule will be made available for public viewing via the City website for no less than five (5) years.
PASSED, APPROVED and ADOPTED December 3, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
549
2024
SALARY SCHEDULE
Effective September 22, 2024
THIS DOCUMENT REPRESENTS THOSE SALARIES FOR
CITY OF STOCKTON CLASSIFICATIONS IN THE
Unrepresented Management/Confidential and Law Department Employees’ Compensation Plan, Fire Management Association, Stockton Fire Fighters’ Local 456, Stockton Police Management Association, Stockton Police Officers’ Association, Management B&C Association, Stockton City Employees’ Association, and Operating Engineers’ Local No. 3 (Operations and Maintenance, Supervisory Unit/Municipal Utilities Department, and Trades and Maintenance)
AS ESTABLISHED BY ACTION OF THE STOCKTON CITY
COUNCIL RESOLUTION NO.
ADOPTED DECEMBER 3, 2024
EXHIBIT 1 550
I. The Salary Step Plan
The Memorandum of Understanding for each employee bargaining unit and the Unrepresented Management/Confidential Employees’ Compensation Plan contain sections dealing with the Salary Step Plan for each job classification. Please refer to the appropriate section that deals with salary practices.
II. Bargaining Units/Group Codes
01--MA - Unrepresented - Department Heads
02--MV - Unrepresented - Middle Management
03--MW - Unrepresented - Confidential
04--MB - B&C - Mid-Management Level
05--MC - B&C - Supervisory Level
06--MF - Fire Management
07--MP - Police Management
10--A - SCEA - Professional and Technical Services
15--C - SCEA - Administrative, Clerical and Services
16--R - SCEA - Fire Telecommunicators
20--F - Fire
25--P - Police
30--B - OE3 - Trades and Maintenance
31--BO - OE3 - Operations and Maintenance
32--BP - OE3 - Parking Attendant Services
40--EP - Unrepresented - Executive Personnel (City Attorney) 41--PP - Unrepresented - Professional Personnel (City Attorney) 42--SP - Unrepresented - Support Personnel (City Attorney) 70--MS - OE3 – Water Supervisory Unit - Municipal Utilities Department III. Salary Provisions
The City Manager is authorized to make adjustments in classifications, including salary and benefit adjustments, to ensure comparability with similar classifications to maintain equity in the City’s salary schedules as recommended by the Human Resources Department classification studies and reviews, and to incorporate changes into the Salary Schedule, as appropriate (City Council Resolution No. 2019-06-18-1502 dated June 18, 2019).
EXHIBIT 1 551
IV. Special Salary Provisions
The City Manager is authorized to fix the compensation of consultants rendering professional services, non-civil service grant funded positions, and part-time hourly employees rendering temporary service, when the City Manager deems necessary and in the best interest of the City of Stockton, provided that the compensation allowed does not, in the aggregate, exceed the total sum for professional and consultant fees in the annual budget of the City of Stockton, or funds granted to the City or by other political jurisdictions for projects upon which said professional or consultant is employed. Persons employed under these special provisions shall receive no fringe benefits except those mandated employer costs or as required by contract or grant specifications.
MUNIS
GRADE JOB CLASSIFICATION HOURLY RATE
61B Accountant Intern $16.00 up to $25.00
50M Adult/Youth Sports Official $16.10 - $16.73 - $17.24 - $19.30 - $20.07 61J Administrative Intern $16.00 up to $25.00
50N Aquatics Assistant $16.10 - $16.76 - $17.37 - $18.00 - $18.54 50W Aquatics Instructor $19.45 - $20.16 - $20.89 - $21.64 - $22.43 50X Assistant Pool Manager $20.10 - $21.16 - $22.27 - $23.45 - $24.68 61K Economic Development Intern $16.00 up to $25.00
61M Engineering Intern $16.00 up to $25.00
61N Evidence Technician Intern $16.00 up to $25.00
61P Legislative Intern $16.00 up to $25.00
61E Library Book Preparer $16.00
61F Library Shelver $16.00
61H Library Support Staff $20.04 - $20.99
50O Lifeguard $17.45 - $17.99 - $18.55 - $19.12 - $19.71 50T Park Laborer $16.00 - $16.60 - $17.23 - $17.89
55F Parking Attendant $16.00 - $16.60 - $16.73
61Q Planning Intern $16.00 up to $25.00
61C Police Aide I $16.00 - $16.60 - $17.23 - $17.89
61A Police Aide II $16.95 - $17.58 - $18.23 - $18.92 - $19.65 - $20.41 50Y Pool Manager $21.84 - $22.99 - $24.20 - $25.47 - $26.81 80B Program Specialist $16.00 up to $150.00
50P Recreation Leader I $16.10
50Q Recreation Leader II $16.10 - $16.73
50R Recreation Leader III $16.73 - $17.24
50U Recreation Leader IV $17.24 - $17.93
50S Recreation Leader V $18.56 - $19.30 - $20.07
55C Safety Department Aide I $16.00 up to $150.00
55D Safety Department Aide II $16.60 up to $150.00
50V Senior Lifeguard $18.70 - $19.64 - $20.45 - $21.07 - $21.72 03Y Student Worker Supervisor $27.00 - $28.35 - $29.77 - $31.26 - $32.82 - $34.46 61G Transportation Officer $35.45
EXHIBIT 1 552
V. Other Provisions
"Y" Rate - When an employee's job classification is changed to a lower paid job classification as the result of a classification study or other action, the employee may be placed on a "Y" rate. A "Y" rate means that the monthly base compensation for the employee shall remain in effect until such time as further changes in the salary range of the new classification exceeds the "Y" rate.
VI. Addendum
Effective July 1, 2024, the City of Stockton Salary Schedule reflects a base salary increase of three percent (3%) COLA and Market Adjustments for certain classifications in the Stockton City Employees’ Association (SCEA) Unit, the Mid-Management/ Supervisory Level (B&C) Unit, and Unrepresented Management/Confidential and Law Employees’ Compensation Plan, in accordance with City Council Resolution 2023-08-22-1210 adopted on August 22, 2023.
Effective July 1, 2024, the City of Stockton Salary Schedule reflects a base salary increase of two percent (2%) COLA and two percent (2%) Market Adjustment for classifications in the Firefighters’ Local 456 Management Unit and the Fire Management Unit, in accordance with City Resolution 2022-07-12-1206 adopted on July 12, 2022, and amended by Resolution 2022-07-26-1222 on July 26,2022.
Effective July 1, 2024, the City of Stockton Salary Schedule reflects a base salary increase of two percent (2%) COLA and two percent (2%) Market Adjustment for classifications in the Stockton Police Officers Association Unit and the Stockton Police Management Unit, in accordance with City Resolution 2022-07-12-1206 adopted on July 12, 2022, and amended by Resolution 2022- 07-26-1222 on July 26, 2022.
Effective July 1, 2024, the City of Stockton Salary Schedule reflects a base salary increase of three percent (3%) COLA for classifications in the Water Supervisory Unit, in accordance with City Council Resolution 2023-09-12-1203, adopted on September 12, 2023.
Effective August 20, 2024, the City of Stockton Salary Schedule reflects a base salary increase to the City Manager classification, in accordance with City Council Resolution 2024-08-20-1201, adopted on August 20, 2024.
EXHIBIT 1 553
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Accountant I SCEA - A No Non-Exempt Classified 1BN ANNUAL SALARY 70,737.60 74,347.92 78,159.36 82,170.96 86,383.68 90,797.04 HOURLY RATE 34.01 35.74 37.58 39.51 41.53 43.65
PERIOD SALARY 2,720.68 2,859.54 3,006.13 3,160.42 3,322.45 3,492.19 Accountant II SCEA - A No Non-Exempt Classified 1BM ANNUAL SALARY 77,756.88 81,742.08 85,940.40 90,332.88 94,973.52 99,826.56 HOURLY RATE 37.38 39.30 41.32 43.43 45.66 47.99
PERIOD SALARY 2,990.65 3,143.93 3,305.40 3,474.34 3,652.83 3,839.48 Accounting Manager UNREP MAN - MV Yes Exempt Unclassified C02 ANNUAL SALARY 130,308.00 137,160.96 151,847.04 159,833.04 160,242.24 168,369.12 HOURLY RATE 62.65 65.94 73.00 76.84 77.04 80.95
PERIOD SALARY 5,011.85 5,275.42 5,840.27 6,147.42 6,163.16 6,475.74 Administrative Aide I SCEA - A No Non-Exempt Classified 1AJ1 ANNUAL SALARY 59,747.76 62,811.36 66,021.12 69,408.72 72,958.56 76,702.80 HOURLY RATE 28.72 30.20 31.74 33.37 35.08 36.88
PERIOD SALARY 2,297.99 2,415.82 2,539.27 2,669.57 2,806.10 2,950.11 Administrative Aide I (Confidential) UNREP - MW Yes Non-Exempt Unclassified D03 ANNUAL SALARY 59,747.76 62,811.36 66,021.12 69,408.72 72,958.56 76,702.80 HOURLY RATE 28.72 30.20 31.74 33.37 35.08 36.88
PERIOD SALARY 2,297.99 2,415.82 2,539.27 2,669.57 2,806.10 2,950.11 Administrative Aide II SCEA - A No Non-Exempt Classified 10M1 ANNUAL SALARY 66,092.40 69,485.04 73,047.12 76,778.64 80,726.64 84,859.20 HOURLY RATE 31.78 33.41 35.12 36.91 38.81 40.80
PERIOD SALARY 2,542.02 2,672.50 2,809.50 2,953.02 3,104.87 3,263.82 Administrative Aide II (Confidential) SCEA - MW Yes Non-Exempt Unclassified E03 ANNUAL SALARY 66,092.40 69,485.04 73,047.12 76,778.64 80,726.64 84,859.20 HOURLY RATE 31.78 33.41 35.12 36.91 38.81 40.80
PERIOD SALARY 2,542.02 2,672.50 2,809.50 2,953.02 3,104.87 3,263.82 Administrative Analyst I SCEA - A No Non-Exempt Classified 1CD ANNUAL SALARY 65,684.16 69,052.32 72,580.32 76,305.12 80,207.52 84,324.24 HOURLY RATE 31.58 33.20 34.89 36.69 38.56 40.54
PERIOD SALARY 2,526.31 2,655.86 2,791.55 2,934.81 3,084.90 3,243.24 Administrative Analyst I (Confidential) UNREP - MW No Non-Exempt Classified F03 ANNUAL SALARY 64,104.24 67,391.52 70,834.80 74,469.84 78,278.16 82,295.76 HOURLY RATE 30.82 32.40 34.06 35.80 37.63 39.57
PERIOD SALARY 2,465.55 2,591.98 2,724.42 2,864.22 3,010.70 3,165.22 Administrative Analyst I (Grant-funded) UNREP - MW No Non-Exempt Unclassified F031 ANNUAL SALARY 64,104.24 67,391.52 70,834.80 74,469.84 78,278.16 82,295.76 HOURLY RATE 30.82 32.40 34.06 35.80 37.63 39.57
PERIOD SALARY 2,465.55 2,591.98 2,724.42 2,864.22 3,010.70 3,165.22 Administrative Analyst II SCEA - A No Exempt Classified 1CC ANNUAL SALARY 74,538.96 78,365.28 82,383.12 86,591.76 91,043.76 95,704.80 HOURLY RATE 35.84 37.68 39.61 41.63 43.77 46.01
PERIOD SALARY 2,866.88 3,014.05 3,168.58 3,330.45 3,501.68 3,680.95 Administrative Analyst II (Confidential) UNREP - MW No Exempt Classified G03 ANNUAL SALARY 74,538.96 78,365.28 82,383.12 86,591.76 91,043.76 95,704.80 HOURLY RATE 35.84 37.68 39.61 41.63 43.77 46.01
PERIOD SALARY 2,866.88 3,014.05 3,168.58 3,330.45 3,501.68 3,680.95 Administrative Analyst II (Grant-funded) UNREP - MW No Exempt Unclassified G031 ANNUAL SALARY 74,538.96 78,365.28 82,383.12 86,591.76 91,043.76 95,704.80 HOURLY RATE 35.84 37.68 39.61 41.63 43.77 46.01
PERIOD SALARY 2,866.88 3,014.05 3,168.58 3,330.45 3,501.68 3,680.95 Agenda Coordinator UNREP - MW No Non-Exempt Classified 03L ANNUAL SALARY 53,121.60 55,844.64 58,703.28 61,711.92 64,871.76 68,196.00 HOURLY RATE 25.54 26.85 28.22 29.67 31.19 32.79
PERIOD SALARY 2,043.14 2,147.87 2,257.82 2,373.54 2,495.07 2,622.92 Animal Services Assistant I SCEA - C No Non-Exempt Classified 152 ANNUAL SALARY 43,590.96 45,817.68 48,165.84 50,636.16 53,227.68 55,958.64 HOURLY RATE 20.96 22.03 23.16 24.34 25.59 26.90
PERIOD SALARY 1,676.58 1,762.22 1,852.53 1,947.54 2,047.22 2,152.26 Animal Services Assistant II SCEA - C No Non-Exempt Classified 153 ANNUAL SALARY 48,026.88 50,496.72 53,071.44 55,802.40 58,655.28 61,664.40 HOURLY RATE 23.09 24.28 25.52 26.83 28.20 29.65
PERIOD SALARY 1,847.19 1,942.18 2,041.21 2,146.25 2,255.97 2,371.71 Published October 9, 2024; Effective September 22, 2024 Page 1 of 34 EXHIBIT 1 554
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Animal Services Officer SCEA - C No Non-Exempt Classified 154 ANNUAL SALARY 53,210.40 55,926.24 58,788.48 61,816.08 64,972.08 68,311.44 HOURLY RATE 25.58 26.89 28.26 29.72 31.24 32.84
PERIOD SALARY 2,046.55 2,151.01 2,261.10 2,377.54 2,498.93 2,627.36 Animal Services Supervisor B&C - MC No Non-Exempt Classified 05W ANNUAL SALARY 70,962.72 74,605.20 78,426.24 82,442.64 86,670.72 91,110.00 HOURLY RATE 34.12 35.87 37.70 39.64 41.67 43.80
PERIOD SALARY 2,729.34 2,869.43 3,016.39 3,170.87 3,333.49 3,504.23 Arborist B&C - MC No Exempt Classified 5BZ ANNUAL SALARY 71,984.16 75,680.88 79,552.08 83,629.44 87,929.04 92,419.44 HOURLY RATE 34.61 36.39 38.25 40.21 42.27 44.43
PERIOD SALARY 2,768.62 2,910.80 3,059.70 3,216.52 3,381.89 3,554.59 Architect B&C - MC No Exempt Classified 05M ANNUAL SALARY 76,177.44 80,078.88 84,180.72 88,498.56 93,032.16 97,796.88 HOURLY RATE 36.62 38.50 40.47 42.55 44.73 47.02
PERIOD SALARY 2,929.90 3,079.96 3,237.72 3,403.79 3,578.16 3,761.42 Assessment District Program Coordinator SCEA - A No Exempt Classified 1DA ANNUAL SALARY 81,237.36 85,393.92 89,780.16 94,380.00 99,210.00 104,286.24 HOURLY RATE 39.06 41.05 43.16 45.38 47.70 50.14
PERIOD SALARY 3,124.51 3,284.38 3,453.08 3,630.00 3,815.77 4,011.01 Assistant Architect SCEA - A No Exempt Classified 10E ANNUAL SALARY - - 80,155.92 84,273.12 88,590.96 93,124.80 HOURLY RATE - - 38.54 40.52 42.59 44.77
PERIOD SALARY - - 3,082.92 3,241.27 3,407.34 3,581.72
Assistant Chief Financial Officer UNREP MAN - MV Yes Exempt Unclassified 2AA1 ANNUAL SALARY 149,017.44 156,465.60 164,285.52 172,496.40 181,117.44 190,169.76 HOURLY RATE 71.64 75.22 78.98 82.93 87.08 91.43
PERIOD SALARY 5,731.44 6,017.91 6,318.67 6,634.48 6,966.06 7,314.22 Assistant City Attorney UNREP MAN - EP Yes Exempt Unclassified 40B ANNUAL SALARY 172,799.52 181,435.92 190,503.60 200,024.88 210,021.84 220,518.96 HOURLY RATE 83.08 87.23 91.59 96.17 100.97 106.02
PERIOD SALARY 6,646.14 6,978.30 7,327.06 7,693.26 8,077.76 8,481.50 Assistant City Auditor UNREP MAN - MV Yes Exempt Unclassified 02I ANNUAL SALARY 98,616.00 103,670.88 108,981.60 114,563.04 120,430.56 126,598.80 HOURLY RATE 47.41 49.84 52.40 55.08 57.90 60.86
PERIOD SALARY 3,792.92 3,987.34 4,191.60 4,406.27 4,631.94 4,869.18 Assistant City Clerk UNREP MAN - MV Yes Exempt Unclassified 02M ANNUAL SALARY 88,109.04 92,627.76 97,365.12 102,354.24 107,612.40 113,122.08 HOURLY RATE 42.36 44.53 46.81 49.21 51.74 54.39
PERIOD SALARY 3,388.81 3,562.61 3,744.81 3,936.70 4,138.94 4,350.85 Assistant City Traffic Engineer B&C - MC No Exempt Unclassified 05A1 ANNUAL SALARY 117,766.80 123,801.36 130,140.72 136,817.52 143,815.44 151,185.36 HOURLY RATE 56.62 59.52 62.57 65.78 69.14 72.69
PERIOD SALARY 4,529.49 4,761.59 5,005.41 5,262.21 5,531.36 5,814.82 Assistant Civil Engineer SCEA - A No Exempt Classified 1BA1 ANNUAL SALARY - - 100,159.92 105,298.08 110,695.92 116,369.28 HOURLY RATE - - 48.15 50.62 53.22 55.95
PERIOD SALARY - - 3,852.30 4,049.93 4,257.54 4,475.74
Assistant Director of Community Development UNREP MAN - MV Yes Exempt Unclassified 024 ANNUAL SALARY 152,370.72 160,178.64 168,386.40 176,894.16 186,051.12 195,540.96 HOURLY RATE 73.26 77.01 80.96 85.05 89.45 94.01
PERIOD SALARY 5,860.41 6,160.72 6,476.40 6,803.62 7,155.81 7,520.81 Assistant Director of Economic Development UNREP MAN - MV Yes Exempt Unclassified 02Y1 ANNUAL SALARY 133,710.00 140,393.04 147,409.92 154,777.20 162,512.64 170,634.72 HOURLY RATE 64.28 67.50 70.87 74.41 78.13 82.04
PERIOD SALARY 5,142.69 5,399.73 5,669.61 5,952.97 6,250.49 6,562.87 Assistant Director of Human Resources UNREP MAN - MV Yes Exempt Unclassified 02Y2 ANNUAL SALARY 133,710.00 140,393.04 147,409.92 154,777.20 162,512.64 170,634.72 HOURLY RATE 64.28 67.50 70.87 74.41 78.13 82.04
PERIOD SALARY 5,142.69 5,399.73 5,669.61 5,952.97 6,250.49 6,562.87 Assistant Director of MUD UNREP MAN - MV Yes Exempt Unclassified 2AA2 ANNUAL SALARY 155,834.16 163,622.88 171,800.40 180,387.12 189,402.24 198,868.80 HOURLY RATE 74.92 78.66 82.60 86.72 91.06 95.61
PERIOD SALARY 5,993.62 6,293.19 6,607.71 6,937.97 7,284.70 7,648.80 Published October 9, 2024; Effective September 22, 2024 Page 2 of 34 EXHIBIT 1 555
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Assistant Engineer SCEA - A No Exempt Classified 1BQ1 ANNUAL SALARY - - 97,272.72 102,257.04 107,489.28 113,004.00 HOURLY RATE - - 46.77 49.16 51.68 54.33
PERIOD SALARY - - 3,741.26 3,932.96 4,134.20 4,346.31
Assistant Engineer/Traffic SCEA - A No Exempt Classified 1BQ2 ANNUAL SALARY - - 91,305.84 95,984.64 100,896.00 106,072.56 HOURLY RATE - - 43.90 46.15 48.51 51.00
PERIOD SALARY - - 3,511.76 3,691.72 3,880.62 4,079.71
Assistant Landscape Architect SCEA - A No Exempt Classified 1BF ANNUAL SALARY 62,376.00 65,568.00 68,929.92 72,461.04 76,177.44 80,078.88 HOURLY RATE 29.99 31.52 33.14 34.84 36.62 38.50
PERIOD SALARY 2,399.08 2,521.85 2,651.15 2,786.96 2,929.90 3,079.96 Assistant Planner SCEA - A No Exempt Classified 1BP ANNUAL SALARY 69,078.72 72,617.28 76,337.28 80,254.56 84,368.88 88,697.76 HOURLY RATE 33.21 34.91 36.70 38.58 40.56 42.64
PERIOD SALARY 2,656.87 2,792.97 2,936.05 3,086.71 3,244.96 3,411.45 Assistant to the City Manager UNREP MAN - MA Yes Exempt Unclassified 01N ANNUAL SALARY 115,255.20 121,152.48 127,366.08 133,895.28 140,755.20 147,961.68 HOURLY RATE 55.41 58.25 61.23 64.37 67.67 71.14
PERIOD SALARY 4,432.89 4,659.71 4,898.70 5,149.82 5,413.66 5,690.83 Assistant Traffic Engineer SCEA - A No Exempt Classified 1BA2 ANNUAL SALARY - - 100,159.92 105,298.08 110,695.92 116,369.28 HOURLY RATE - - 48.15 50.62 53.22 55.95
PERIOD SALARY - - 3,852.30 4,049.93 4,257.54 4,475.74
Associate Civil Engineer B&C - MC No Exempt Classified 05G1 ANNUAL SALARY 102,332.40 107,578.32 113,087.04 118,875.36 124,976.16 131,373.12 HOURLY RATE 49.20 51.72 54.37 57.15 60.08 63.16
PERIOD SALARY 3,935.86 4,137.63 4,349.50 4,572.13 4,806.78 5,052.81 Associate Engineer B&C - MC No Exempt Classified 05L1 ANNUAL SALARY 96,844.08 101,817.60 107,032.80 112,507.44 118,275.12 124,336.32 HOURLY RATE 46.56 48.95 51.46 54.09 56.86 59.78
PERIOD SALARY 3,724.77 3,916.06 4,116.65 4,327.21 4,549.04 4,782.17 Associate Engineer/Mechanical B&C - MC No Exempt Classified 05L2 ANNUAL SALARY 90,903.84 95,572.08 100,467.60 105,606.00 111,020.40 116,709.84 HOURLY RATE 43.70 45.95 48.30 50.77 53.38 56.11
PERIOD SALARY 3,496.30 3,675.85 3,864.14 4,061.77 4,270.02 4,488.84 Associate Engineer/Traffic B&C - MC No Exempt Classified 05L3 ANNUAL SALARY 90,903.84 95,572.08 100,467.60 105,606.00 111,020.40 116,709.84 HOURLY RATE 43.70 45.95 48.30 50.77 53.38 56.11
PERIOD SALARY 3,496.30 3,675.85 3,864.14 4,061.77 4,270.02 4,488.84 Associate Mechanical Engineer B&C - MC No Exempt Classified 05G2 ANNUAL SALARY 100,872.96 106,044.00 111,474.24 117,179.76 123,193.68 129,499.44 HOURLY RATE 48.50 50.98 53.59 56.34 59.23 62.26
PERIOD SALARY 3,879.73 4,078.62 4,287.47 4,506.91 4,738.22 4,980.75 Associate Planner SCEA - A No Exempt Classified 10D1 ANNUAL SALARY 80,186.40 84,305.76 88,614.00 93,157.92 97,937.52 102,953.04 HOURLY RATE 38.55 40.53 42.60 44.79 47.09 49.50
PERIOD SALARY 3,084.09 3,242.53 3,408.23 3,583.00 3,766.83 3,959.73 Associate Traffic Engineer B&C - MC No Exempt Classified 05G3 ANNUAL SALARY 100,872.96 106,044.00 111,474.24 117,179.76 123,193.68 129,499.44 HOURLY RATE 48.50 50.98 53.59 56.34 59.23 62.26
PERIOD SALARY 3,879.73 4,078.62 4,287.47 4,506.91 4,738.22 4,980.75 Audit Assistant I UNREP - MW Yes Non-Exempt Unclassified 03P ANNUAL SALARY 41,537.52 43,673.76 45,900.48 48,262.32 50,729.52 53,332.32 HOURLY RATE 19.97 21.00 22.07 23.20 24.39 25.64
PERIOD SALARY 1,597.60 1,679.76 1,765.40 1,856.24 1,951.14 2,051.24 Audit Assistant II UNREP - MW Yes Non-Exempt Unclassified 03M1 ANNUAL SALARY 51,707.52 54,355.44 57,138.48 60,072.24 63,141.36 66,376.08 HOURLY RATE 24.86 26.13 27.47 28.88 30.36 31.91
PERIOD SALARY 1,988.75 2,090.59 2,197.63 2,310.47 2,428.51 2,552.93 Auditor (Confidential) UNREP - MW No Exempt Classified 03V1 ANNUAL SALARY 61,396.32 64,540.56 67,850.40 71,325.60 74,981.28 78,832.80 HOURLY RATE 29.52 31.03 32.62 34.29 36.05 37.90
PERIOD SALARY 2,361.40 2,482.33 2,609.63 2,743.29 2,883.90 3,032.03 Published October 9, 2024; Effective September 22, 2024 Page 3 of 34 EXHIBIT 1 556
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Auto Painter Repair Worker T&M - B No Non-Exempt Classified 3BG ANNUAL SALARY 64,450.56 67,763.04 71,245.44 74,908.08 78,757.92 HOURLY RATE 30.99 32.58 34.25 36.01 37.86
PERIOD SALARY 2,478.87 2,606.27 2,740.21 2,881.08 3,029.15 Benefits Analyst UNREP - MW No Exempt Classified 1BC ANNUAL SALARY 64,480.08 67,789.92 71,265.12 74,906.16 78,757.44 82,789.20 HOURLY RATE 31.00 32.59 34.26 36.01 37.86 39.80
PERIOD SALARY 2,480.00 2,607.30 2,740.97 2,881.01 3,029.13 3,184.20 Bookmobile Driver/Circulation Assistant SCEA - C No Non-Exempt Classified 11B ANNUAL SALARY 48,319.92 50,804.88 53,395.20 56,142.72 59,012.64 62,040.48 HOURLY RATE 23.23 24.43 25.67 26.99 28.37 29.83
PERIOD SALARY 1,858.46 1,954.03 2,053.66 2,159.34 2,269.72 2,386.17 Budget Analyst I (Confidential) UNREP - MW Yes Non-Exempt Classified S03 ANNUAL SALARY 72,806.88 76,447.20 80,269.44 84,282.96 88,497.12 92,922.24 HOURLY RATE 35.00 36.75 38.59 40.52 42.55 44.67
PERIOD SALARY 2,800.26 2,940.28 3,087.29 3,241.65 3,403.74 3,573.93 Budget Analyst II (Confidential) UNREP - MW Yes Exempt Unclassified H03 ANNUAL SALARY 85,922.40 90,218.16 94,729.20 99,465.84 104,439.12 109,661.28 HOURLY RATE 41.31 43.37 45.54 47.82 50.21 52.72
PERIOD SALARY 3,304.71 3,469.93 3,643.43 3,825.61 4,016.89 4,217.74 Budget Officer UNREP MAN - MV Yes Exempt Unclassified 2AA3 ANNUAL SALARY 149,017.44 156,465.60 164,285.52 172,496.40 181,117.44 190,169.76 HOURLY RATE 71.64 75.22 78.98 82.93 87.08 91.43
PERIOD SALARY 5,731.44 6,017.91 6,318.67 6,634.48 6,966.06 7,314.22 Building Permit Technician SCEA - A No Non-Exempt Classified 1BH ANNUAL SALARY 58,983.60 62,005.68 65,182.32 68,513.52 72,029.52 75,714.96 HOURLY RATE 28.36 29.81 31.34 32.94 34.63 36.40
PERIOD SALARY 2,268.60 2,384.83 2,507.01 2,635.14 2,770.37 2,912.11 Chemist O&M - BO No Exempt Classified 31Y ANNUAL SALARY 66,891.12 70,246.08 73,755.84 77,436.72 81,303.84 HOURLY RATE 32.16 33.77 35.46 37.23 39.09
PERIOD SALARY 2,572.74 2,701.77 2,836.76 2,978.34 3,127.07 Chief Financial Officer UNREP MAN - MA Yes Exempt Unclassified 01S ANNUAL SALARY 174,635.28 183,991.92 193,539.60 203,756.88 214,500.48 225,817.68 HOURLY RATE 83.96 88.46 93.05 97.96 103.13 108.57
PERIOD SALARY 6,716.74 7,076.61 7,443.83 7,836.80 8,250.02 8,685.30 Chief of Police UNREP PS - MA Yes Exempt Unclassified 01B ANNUAL SALARY 213,420.48 224,130.24 235,824.96 247,712.88 260,564.16 273,887.04 HOURLY RATE 102.61 107.75 113.38 119.09 125.27 131.68
PERIOD SALARY 8,208.48 8,620.39 9,070.19 9,527.42 10,021.70 10,534.12 Chief Plant Operator - Wastewater UNREP MAN - MV Yes Exempt Unclassified A021 ANNUAL SALARY 127,743.60 134,299.44 141,189.60 148,414.56 156,014.40 164,025.84 HOURLY RATE 61.42 64.57 67.88 71.35 75.01 78.86
PERIOD SALARY 4,913.22 5,165.36 5,430.37 5,708.25 6,000.55 6,308.69 Chief Plant Operator - Water UNREP MAN - MV Yes Exempt Unclassified A022 ANNUAL SALARY 127,743.60 134,299.44 141,189.60 148,414.56 156,014.40 164,025.84 HOURLY RATE 61.42 64.57 67.88 71.35 75.01 78.86
PERIOD SALARY 4,913.22 5,165.36 5,430.37 5,708.25 6,000.55 6,308.69 Chief Water Systems Operator UNREP MAN - MV Yes Exempt Unclassified A023 ANNUAL SALARY 127,743.60 134,299.44 141,189.60 148,414.56 156,014.40 164,025.84 HOURLY RATE 61.42 64.57 67.88 71.35 75.01 78.86
PERIOD SALARY 4,913.22 5,165.36 5,430.37 5,708.25 6,000.55 6,308.69 Circulation Assistant I SCEA - C No Non-Exempt Classified C15 ANNUAL SALARY 43,856.88 46,097.28 48,459.60 50,945.04 53,552.64 56,300.16 HOURLY RATE 21.09 22.16 23.30 24.49 25.75 27.07
PERIOD SALARY 1,686.80 1,772.97 1,863.83 1,959.42 2,059.72 2,165.39 Circulation Assistant II SCEA - C No Non-Exempt Classified B15 ANNUAL SALARY 48,319.92 50,804.88 53,395.20 56,142.72 59,012.64 62,040.48 HOURLY RATE 23.23 24.43 25.67 26.99 28.37 29.83
PERIOD SALARY 1,858.46 1,954.03 2,053.66 2,159.34 2,269.72 2,386.17 City Attorney UNREP MAN - EP Yes Exempt Unclassified 40A ANNUAL SALARY 289,224.00 HOURLY RATE 139.05
PERIOD SALARY 11,124.00
Published October 9, 2024; Effective September 22, 2024 Page 4 of 34 EXHIBIT 1 557
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
City Auditor UNREP MAN - MA Yes Exempt Unclassified 01W ANNUAL SALARY 121,032.48 127,230.48 133,759.92 140,604.96 147,811.20 155,318.64 HOURLY RATE 58.19 61.17 64.31 67.60 71.06 74.67
PERIOD SALARY 4,655.10 4,893.48 5,144.61 5,407.88 5,685.05 5,973.79 City Clerk UNREP MAN - MA Yes Exempt Unclassified 01X ANNUAL SALARY 181,679.52 HOURLY RATE 87.35
PERIOD SALARY 6,987.67
City Council Member ELECTED OFFICIALS - EL No Exempt Unclassified 50B ANNUAL SALARY 29,364.48 HOURLY RATE 14.12
PERIOD SALARY 1,129.40
City Manager UNREP MAN - CM Yes Exempt Unclassified 00A ANNUAL SALARY 348,068.16 HOURLY RATE 167.34
PERIOD SALARY 13,387.24
City Traffic Engineer B&C - MB Yes Exempt Unclassified 4AE ANNUAL SALARY 124,936.56 131,336.64 138,060.00 145,138.08 152,570.64 160,280.88 HOURLY RATE 60.07 63.14 66.38 69.78 73.35 77.06
PERIOD SALARY 4,805.25 5,051.41 5,310.00 5,582.23 5,868.10 6,164.65 Code Analyst SCEA - A No Exempt Classified 10K ANNUAL SALARY 66,832.56 70,255.92 73,848.96 77,642.40 81,620.88 85,799.76 HOURLY RATE 32.13 33.78 35.50 37.33 39.24 41.25
PERIOD SALARY 2,570.48 2,702.15 2,840.34 2,986.25 3,139.26 3,299.99 Code Enforcement Assistant SCEA - A No Non-Exempt Classified 1AR ANNUAL SALARY 46,724.40 49,114.32 51,643.44 54,280.32 57,071.04 59,986.08 HOURLY RATE 22.46 23.61 24.83 26.10 27.44 28.84
PERIOD SALARY 1,797.09 1,889.01 1,986.29 2,087.70 2,195.04 2,307.16 Code Enforcement Field Manager B&C - MC No Exempt Classified 5BW ANNUAL SALARY 100,051.68 105,174.48 110,571.12 116,242.32 122,186.88 128,448.24 HOURLY RATE 48.10 50.56 53.16 55.89 58.74 61.75
PERIOD SALARY 3,848.14 4,045.17 4,252.74 4,470.86 4,699.50 4,940.32 Code Enforcement Officer I SCEA - A No Non-Exempt Classified 1AE ANNUAL SALARY 63,551.76 66,805.20 70,232.16 73,833.84 77,608.80 81,592.80 HOURLY RATE 30.55 32.12 33.77 35.50 37.31 39.23
PERIOD SALARY 2,444.30 2,569.43 2,701.24 2,839.76 2,984.95 3,138.18 Code Enforcement Officer II SCEA - A No Non-Exempt Classified 1CN ANNUAL SALARY 70,371.84 73,973.04 77,765.28 81,749.76 85,942.08 90,343.20 HOURLY RATE 33.83 35.56 37.39 39.30 41.32 43.43
PERIOD SALARY 2,706.61 2,845.12 2,990.97 3,144.22 3,305.46 3,474.74 Code Enforcement Supervisor B&C - MC No Non-Exempt Classified 5BY ANNUAL SALARY 82,064.88 86,279.04 90,692.64 95,341.20 100,242.96 105,361.68 HOURLY RATE 39.45 41.48 43.60 45.84 48.19 50.65
PERIOD SALARY 3,156.34 3,318.42 3,488.18 3,666.97 3,855.50 4,052.37 Collection Systems Operator (Entry Level) O&M - BO No Non-Exempt Classified 31N ANNUAL SALARY 57,647.04 60,517.68 63,554.40 HOURLY RATE 27.71 29.10 30.56
PERIOD SALARY 2,217.19 2,327.60 2,444.40
Collection Systems Operator (Journey Level) O&M - BO No Non-Exempt Classified 31N1 ANNUAL SALARY - - - 66,724.08 70,059.12 73,560.48 HOURLY RATE - - - 32.08 33.68 35.37
PERIOD SALARY - - - 2,566.31 2,694.58 2,829.25
Collection Systems Supervisor WATER SUP - MS No Non-Exempt Classified 70D ANNUAL SALARY 76,071.84 79,956.48 84,064.08 88,361.28 92,898.48 97,659.60 HOURLY RATE 36.57 38.44 40.42 42.48 44.66 46.95
PERIOD SALARY 2,925.84 3,075.25 3,233.23 3,398.51 3,573.02 3,756.14 Combination Inspector I SCEA - A No Non-Exempt Classified 1AA ANNUAL SALARY 64,746.00 68,050.56 71,549.52 75,210.48 79,065.60 83,115.36 HOURLY RATE 31.13 32.72 34.40 36.16 38.01 39.96
PERIOD SALARY 2,490.23 2,617.33 2,751.90 2,892.71 3,040.98 3,196.74 Published October 9, 2024; Effective September 22, 2024 Page 5 of 34 EXHIBIT 1 558
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Combination Inspector II SCEA - A No Non-Exempt Classified 10P ANNUAL SALARY 71,215.44 74,859.36 78,696.24 82,727.28 86,967.60 91,417.44 HOURLY RATE 34.24 35.99 37.83 39.77 41.81 43.95
PERIOD SALARY 2,739.06 2,879.21 3,026.78 3,181.82 3,344.91 3,516.06 Community & Cultural Services Superintendent B&C - MB Yes Exempt Unclassified 04H1 ANNUAL SALARY 100,719.36 105,888.00 111,320.40 117,016.80 123,008.40 129,325.68 HOURLY RATE 48.42 50.91 53.52 56.26 59.14 62.18
PERIOD SALARY 3,873.82 4,072.62 4,281.55 4,500.65 4,731.09 4,974.06 Community Development Technician SCEA - A No Non-Exempt Classified 1AH ANNUAL SALARY 60,402.00 63,492.48 66,742.32 70,168.80 73,753.92 77,533.44 HOURLY RATE 29.04 30.53 32.09 33.74 35.46 37.28
PERIOD SALARY 2,323.15 2,442.02 2,567.01 2,698.80 2,836.69 2,982.06 Community Engagement Coordinator UNREP - MW Yes Exempt Unclassified P03 ANNUAL SALARY 87,020.64 91,470.96 96,157.44 101,096.88 106,272.24 111,717.36 HOURLY RATE 41.84 43.98 46.23 48.60 51.09 53.71
PERIOD SALARY 3,346.95 3,518.11 3,698.36 3,888.34 4,087.39 4,296.82 Community Relations Officer UNREP MAN - MV Yes Exempt Unclassified 02B ANNUAL SALARY 133,710.24 140,393.04 147,409.92 154,777.20 162,512.88 170,634.48 HOURLY RATE 64.28 67.50 70.87 74.41 78.13 82.04
PERIOD SALARY 5,142.70 5,399.73 5,669.61 5,952.97 6,250.50 6,562.86 Community Service Officer I SCEA - C No Non-Exempt Classified 15M ANNUAL SALARY 49,541.76 52,079.52 54,748.08 57,562.56 60,507.36 63,614.88 HOURLY RATE 23.82 25.04 26.32 27.67 29.09 30.58
PERIOD SALARY 1,905.45 2,003.06 2,105.70 2,213.94 2,327.21 2,446.73 Community Service Officer II SCEA - C No Non-Exempt Classified 15V ANNUAL SALARY 54,533.76 57,333.60 60,267.12 63,366.96 66,617.28 70,017.12 HOURLY RATE 26.22 27.56 28.97 30.46 32.03 33.66
PERIOD SALARY 2,097.45 2,205.14 2,317.97 2,437.19 2,562.20 2,692.97 Computer Operations & Maintenance Supervisor B&C - MC No Exempt Unclassified 05Q1 ANNUAL SALARY 73,185.84 76,932.72 80,880.48 85,028.64 89,377.20 93,957.12 HOURLY RATE 35.19 36.99 38.88 40.88 42.97 45.17
PERIOD SALARY 2,814.84 2,958.95 3,110.79 3,270.33 3,437.58 3,613.74 Computer Operator I SCEA - C No Non-Exempt Classified 15N1 ANNUAL SALARY 42,576.00 44,765.52 47,048.16 49,469.04 51,998.16 54,666.00 HOURLY RATE 20.47 21.52 22.62 23.78 25.00 26.28
PERIOD SALARY 1,637.54 1,721.75 1,809.54 1,902.66 1,999.93 2,102.54 Computer Operator II SCEA - C No Non-Exempt Classified 15H ANNUAL SALARY 49,314.96 51,843.60 54,496.32 57,287.28 60,232.56 63,316.80 HOURLY RATE 23.71 24.92 26.20 27.54 28.96 30.44
PERIOD SALARY 1,896.73 1,993.98 2,096.01 2,203.36 2,316.64 2,435.26 Construction Services Superintendent B&C - MB Yes Exempt Unclassified 04B ANNUAL SALARY 133,693.92 140,555.52 147,750.96 155,325.84 163,280.16 171,531.60 HOURLY RATE 64.28 67.57 71.03 74.68 78.50 82.47
PERIOD SALARY 5,142.07 5,405.98 5,682.73 5,974.07 6,280.01 6,597.37 Contract Compliance Specialist UNREP - MW Yes Non-Exempt Unclassified 03F ANNUAL SALARY 64,615.92 67,925.52 71,400.72 75,056.64 78,907.92 82,954.80 HOURLY RATE 31.07 32.66 34.33 36.08 37.94 39.88
PERIOD SALARY 2,485.23 2,612.52 2,746.18 2,886.79 3,034.92 3,190.57 Craft Maintenance Supervisor B&C - MC No Exempt Classified 05V ANNUAL SALARY 68,251.20 71,736.24 75,421.92 79,277.04 83,348.16 87,619.20 HOURLY RATE 32.81 34.49 36.26 38.11 40.07 42.12
PERIOD SALARY 2,625.05 2,759.09 2,900.84 3,049.12 3,205.70 3,369.97 Craft Maintenance Worker I T&M - B No Non-Exempt Classified 3AA ANNUAL SALARY 48,274.80 50,756.16 53,365.20 56,107.92 58,992.00 HOURLY RATE 23.21 24.40 25.66 26.98 28.36
PERIOD SALARY 1,856.72 1,952.16 2,052.51 2,158.00 2,268.92 Craft Maintenance Worker II T&M - B No Non-Exempt Classified 30J1 ANNUAL SALARY 59,193.60 62,236.32 65,434.80 68,798.40 72,335.04 HOURLY RATE 28.46 29.92 31.46 33.08 34.78
PERIOD SALARY 2,276.68 2,393.70 2,516.72 2,646.09 2,782.12 Published October 9, 2024; Effective September 22, 2024 Page 6 of 34 EXHIBIT 1 559
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Crime Analyst SCEA - A No Non-Exempt Classified 10O ANNUAL SALARY 71,266.56 74,913.36 78,749.52 82,792.08 87,040.56 91,495.92 HOURLY RATE 34.26 36.02 37.86 39.80 41.85 43.99
PERIOD SALARY 2,741.02 2,881.28 3,028.83 3,184.31 3,347.71 3,519.07 Customer Service Assistant SCEA - C No Non-Exempt Classified 15X ANNUAL SALARY 45,565.92 47,901.84 50,349.36 52,941.36 55,645.20 58,493.04 HOURLY RATE 21.91 23.03 24.21 25.45 26.75 28.12
PERIOD SALARY 1,752.54 1,842.38 1,936.51 2,036.21 2,140.20 2,249.73 Data Entry Operator I SCEA - C No Non-Exempt Classified 15T1 ANNUAL SALARY 37,656.96 39,584.40 41,604.72 43,748.16 45,984.24 48,343.44 HOURLY RATE 18.10 19.03 20.00 21.03 22.11 23.24
PERIOD SALARY 1,448.34 1,522.48 1,600.18 1,682.62 1,768.62 1,859.36 Data Entry Operator II SCEA - C No Non-Exempt Classified 15P1 ANNUAL SALARY 41,573.52 43,701.60 45,937.92 48,297.12 50,764.32 53,370.48 HOURLY RATE 19.99 21.01 22.09 23.22 24.41 25.66
PERIOD SALARY 1,598.98 1,680.83 1,766.84 1,857.58 1,952.47 2,052.71 Data Entry Specialist SCEA - C No Non-Exempt Classified 15U ANNUAL SALARY 48,528.24 51,026.40 53,632.56 56,377.44 59,276.16 62,314.56 HOURLY RATE 23.33 24.53 25.78 27.10 28.50 29.96
PERIOD SALARY 1,866.47 1,962.55 2,062.79 2,168.36 2,279.85 2,396.71 Deferred Compensation Specialist UNREP - MW No Exempt Classified 03S ANNUAL SALARY 55,453.68 58,296.96 61,275.84 64,420.08 67,715.04 71,190.00 HOURLY RATE 26.66 28.03 29.46 30.97 32.56 34.23
PERIOD SALARY 2,132.83 2,242.19 2,356.76 2,477.70 2,604.42 2,738.08 Department Finance Officer UNREP MAN - MV Yes Exempt Unclassified 0231 ANNUAL SALARY 121,531.44 127,605.60 133,982.88 140,679.60 147,710.40 155,092.80 HOURLY RATE 58.43 61.35 64.41 67.63 71.01 74.56
PERIOD SALARY 4,674.29 4,907.91 5,153.19 5,410.75 5,681.17 5,965.11 Deputy Building Official B&C - MB Yes Exempt Unclassified 042 ANNUAL SALARY 117,774.48 123,815.28 130,154.40 136,827.36 143,833.68 151,208.40 HOURLY RATE 56.62 59.53 62.57 65.78 69.15 72.70
PERIOD SALARY 4,529.79 4,762.13 5,005.94 5,262.59 5,532.06 5,815.71 Deputy Chief of Police I UNREP PS - MV Yes Exempt Unclassified 02U ANNUAL SALARY 181,561.92 191,113.92 201,171.84 211,755.84 222,899.76 234,628.32 HOURLY RATE 87.29 91.88 96.72 101.81 107.16 112.80
PERIOD SALARY 6,983.15 7,350.54 7,737.38 8,144.46 8,573.07 9,024.17 Deputy Chief of Police II UNREP PS - MV Yes Exempt Unclassified 02X ANNUAL SALARY 192,972.72 203,124.96 213,815.04 225,064.32 236,908.32 249,374.16 HOURLY RATE 92.78 97.66 102.80 108.20 113.90 119.89
PERIOD SALARY 7,422.03 7,812.50 8,223.66 8,656.32 9,111.86 9,591.31 Deputy City Attorney (16 step salary range) UNREP MAN - PP Yes Exempt Unclassified 41A ANNUAL SALARY 83,541.60 87,814.08 92,312.40 97,051.44 102,016.32 107,251.68 112,742.64 118,520.16 124,598.16 130,976.64 137,686.08 144,742.08 152,159.04 159,846.48 168,121.44 176,696.64 HOURLY RATE 40.16 42.22 44.38 46.66 49.05 51.56 54.20 56.98 59.90
62.9695 66.1953 69.5875 73.1534 76.8493 80.8276 84.9503 PERIOD SALARY 3,213.14 3,377.46 3,550.48 3,732.75 3,923.70 4,125.06 4,336.26 4,558.47 4,792.24 5037.56 5295.62 5567 5852.27 6147.94 6466.21 6796.02
Deputy City Auditor I UNREP - MW Yes Non-Exempt Unclassified 03T ANNUAL SALARY 62,885.7600 66,120.2400 69,504.7200 73,070.6400 76,801.6800 80,743.2000 HOURLY RATE 30.23 31.79 33.42 35.13 36.92 38.82
PERIOD SALARY 2,418.68 2,543.09 2,673.26 2,810.41 2,953.91 3,105.51 Deputy City Auditor II UNREP - MW Yes Exempt Unclassified 03W ANNUAL SALARY 76,801.68 80,743.20 84,880.32 89,228.40 93,802.08 98,616.00 HOURLY RATE 36.92 38.82 40.81 42.90 45.10 47.41
PERIOD SALARY 2,953.91 3,105.51 3,264.63 3,431.86 3,607.77 3,792.92 Deputy City Clerk I UNREP - MW Yes Non-Exempt Unclassified 03Q ANNUAL SALARY 46,201.68 48,561.36 51,050.64 53,668.56 56,415.84 59,310.00 HOURLY RATE 22.21 23.35 24.54 25.80 27.12 28.51
PERIOD SALARY 1,776.99 1,867.74 1,963.49 2,064.18 2,169.84 2,281.15 Deputy City Clerk II UNREP - MW Yes Non-Exempt Unclassified T03 ANNUAL SALARY 50,809.20 53,422.32 56,145.84 59,035.20 62,053.20 65,236.80 HOURLY RATE 24.43 25.68 26.99 28.38 29.83 31.36
PERIOD SALARY 1,954.20 2,054.70 2,159.46 2,270.58 2,386.66 2,509.11 Published October 9, 2024; Effective September 22, 2024 Page 7 of 34 EXHIBIT 1 560
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Deputy City Manager I UNREP MAN - MA Yes Exempt Unclassified 01Y ANNUAL SALARY 134,741.28 141,475.92 148,546.32 155,970.72 163,765.44 171,950.64 HOURLY RATE 64.78 68.02 71.42 74.99 78.73 82.67
PERIOD SALARY 5,182.36 5,441.38 5,713.32 5,998.87 6,298.67 6,613.49 Deputy City Manager II UNREP MAN - MA Yes Exempt Unclassified 01P ANNUAL SALARY 205,562.16 215,630.88 226,188.48 237,268.80 248,903.76 261,093.84 HOURLY RATE 98.83 103.67 108.74 114.07 119.67 125.53
PERIOD SALARY 7,906.24 8,293.50 8,699.56 9,125.72 9,573.22 10,042.07 Deputy Community Development
Director/Building & Life Safety B&C - MB Yes Exempt Unclassified 4AC ANNUAL SALARY 141,401.52 148,645.92 156,259.68 164,275.68 172,626.48 181,497.84 HOURLY RATE 67.98 71.46 75.12 78.98 82.99 87.26
PERIOD SALARY 5,438.52 5,717.15 6,009.99 6,318.30 6,639.48 6,980.69 Deputy Community Development
Director/Engineering & Transportation Planning B&C - MB Yes Exempt Unclassified 4AD ANNUAL SALARY 138,522.48 145,619.52 153,077.76 160,930.56 169,111.92 177,802.56 HOURLY RATE 66.60 70.01 73.60 77.37 81.30 85.48
PERIOD SALARY 5,327.79 5,600.75 5,887.61 6,189.64 6,504.30 6,838.56 Deputy Community Development
Director/Planning & Engineering B&C - MB Yes Exempt Unclassified 04D ANNUAL SALARY 140,485.92 147,683.28 155,247.36 163,211.28 171,508.32 180,322.08 HOURLY RATE 67.54 71.00 74.64 78.47 82.46 86.69
PERIOD SALARY 5,403.30 5,680.13 5,971.05 6,277.36 6,596.47 6,935.46 Deputy Director of Community Services - City
Librarian B&C - MB Yes Exempt Unclassified 04O1 ANNUAL SALARY 118,158.72 124,204.80 130,574.64 137,268.24 144,301.20 151,689.12 HOURLY RATE 56.81 59.71 62.78 65.99 69.38 72.93
PERIOD SALARY 4,544.57 4,777.11 5,022.10 5,279.55 5,550.05 5,834.20 Deputy Director of Community Services -
Recreation B&C - MB Yes Exempt Unclassified 04O2 ANNUAL SALARY 118,158.72 124,204.80 130,574.64 137,268.24 144,301.20 151,689.12 HOURLY RATE 56.81 59.71 62.78 65.99 69.38 72.93
PERIOD SALARY 4,544.57 4,777.11 5,022.10 5,279.55 5,550.05 5,834.20 Deputy Director of Human Resources UNREP MAN - MV Yes Exempt Unclassified 021 ANNUAL SALARY 121,300.32 127,362.72 133,728.24 140,411.76 147,429.60 154,797.84 HOURLY RATE 58.32 61.23 64.29 67.51 70.88 74.42
PERIOD SALARY 4,665.40 4,898.57 5,143.39 5,400.45 5,670.37 5,953.76 Deputy Fire Chief I UNREP MAN - MV Yes Exempt Unclassified 02Z ANNUAL SALARY 151,787.28 159,457.20 167,711.28 176,165.04 185,326.32 194,748.72 HOURLY RATE 72.97 76.66 80.63 84.69 89.10 93.63
PERIOD SALARY 5,837.97 6,132.97 6,450.43 6,775.58 7,127.94 7,490.34 Deputy Fire Chief II UNREP PS - MV Yes Exempt Unclassified 020 ANNUAL SALARY 179,249.52 188,683.68 198,614.40 209,067.84 220,071.12 231,654.24 HOURLY RATE 86.18 90.71 95.49 100.51 105.80 111.37
PERIOD SALARY 6,894.21 7,257.06 7,639.02 8,041.07 8,464.27 8,909.78 Deputy Housing Director B&C - MB Yes Exempt Unclassified 04O3 ANNUAL SALARY 118,136.64 124,181.52 130,549.92 137,242.56 144,274.32 151,661.04 HOURLY RATE 56.80 59.70 62.76 65.98 69.36 72.91
PERIOD SALARY 4,543.72 4,776.21 5,021.15 5,278.56 5,549.01 5,833.12 Deputy MUD Director/Engineering & Department
Services (PE) B&C - MB Yes Exempt Unclassified 04U1 ANNUAL SALARY 141,128.40 148,361.04 155,963.04 163,843.20 172,324.32 181,113.84 HOURLY RATE 67.85 71.33 74.98 78.77 82.85 87.07
PERIOD SALARY 5,428.02 5,706.19 5,998.58 6,301.66 6,627.86 6,965.92 Deputy MUD Director/Maintenance & Collection
Systems B&C - MB Yes Exempt Unclassified 04A1 ANNUAL SALARY 136,450.08 143,436.24 150,797.04 158,500.56 166,547.28 175,124.16 HOURLY RATE 65.60 68.96 72.50 76.20 80.07 84.19
PERIOD SALARY 5,248.08 5,516.78 5,799.89 6,096.18 6,405.66 6,735.54 Published October 9, 2024; Effective September 22, 2024 Page 8 of 34 EXHIBIT 1 561
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Deputy MUD Director/Maintenance & Collection
Systems (PE) B&C - MB Yes Exempt Unclassified 4AA1 ANNUAL SALARY 141,128.40 148,361.04 155,963.04 163,843.20 172,324.32 181,113.84 HOURLY RATE 67.85 71.33 74.98 78.77 82.85 87.07
PERIOD SALARY 5,428.02 5,706.19 5,998.58 6,301.66 6,627.86 6,965.92 Deputy MUD Director/Wastewater B&C - MB Yes Exempt Unclassified 04U2 ANNUAL SALARY 136,450.08 143,436.24 150,797.04 158,500.56 166,547.28 175,124.16 HOURLY RATE 65.60 68.96 72.50 76.20 80.07 84.19
PERIOD SALARY 5,248.08 5,516.78 5,799.89 6,096.18 6,405.66 6,735.54 Deputy MUD Director/Wastewater (PE) B&C - MB Yes Exempt Unclassified 4AB1 ANNUAL SALARY 141,128.40 148,361.04 155,963.04 163,843.20 172,324.32 181,113.84 HOURLY RATE 67.85 71.33 74.98 78.77 82.85 87.07
PERIOD SALARY 5,428.02 5,706.19 5,998.58 6,301.66 6,627.86 6,965.92 Deputy MUD Director/Water B&C - MB Yes Exempt Unclassified 04A2 ANNUAL SALARY 136,450.08 143,436.24 150,797.04 158,500.56 166,547.28 175,124.16 HOURLY RATE 65.60 68.96 72.50 76.20 80.07 84.19
PERIOD SALARY 5,248.08 5,516.78 5,799.89 6,096.18 6,405.66 6,735.54 Deputy MUD Director/Water (PE) B&C - MB Yes Exempt Unclassified 4AA2 ANNUAL SALARY 141,128.40 148,361.04 155,963.04 163,843.20 172,324.32 181,113.84 HOURLY RATE 67.85 71.33 74.98 78.77 82.85 87.07
PERIOD SALARY 5,428.02 5,706.19 5,998.58 6,301.66 6,627.86 6,965.92 Deputy Public Works Director B&C - MB Yes Exempt Unclassified 04A3 ANNUAL SALARY 141,023.28 148,243.44 155,850.72 163,812.48 172,128.96 180,993.12 HOURLY RATE 67.80 71.27 74.93 78.76 82.75 87.02
PERIOD SALARY 5,423.97 5,701.67 5,994.26 6,300.48 6,620.34 6,961.27 Deputy Public Works Director (PE) B&C - MB Yes Exempt Unclassified 4AA3 ANNUAL SALARY 148,137.36 155,729.04 163,709.04 171,980.16 180,882.48 190,108.80 HOURLY RATE 71.22 74.87 78.71 82.68 86.96 91.40
PERIOD SALARY 5,697.59 5,989.58 6,296.50 6,614.62 6,957.02 7,311.88 Deputy Public Works Director/City Engineer B&C - MB Yes Exempt Unclassified 4AA4 ANNUAL SALARY 141,128.40 148,361.04 155,963.04 163,843.20 172,324.32 181,113.84 HOURLY RATE 67.85 71.33 74.98 78.77 82.85 87.07
PERIOD SALARY 5,428.02 5,706.19 5,998.58 6,301.66 6,627.86 6,965.92 Deputy Redevelopment Director B&C - MB Yes Exempt Unclassified 04O4 ANNUAL SALARY 118,136.64 124,181.52 130,549.92 137,242.56 144,274.32 151,661.04 HOURLY RATE 56.80 59.70 62.76 65.98 69.36 72.91
PERIOD SALARY 4,543.72 4,776.21 5,021.15 5,278.56 5,549.01 5,833.12 Director of Community Development UNREP MAN - MA Yes Exempt Unclassified 01T1 ANNUAL SALARY 168,349.44 176,754.96 185,582.64 194,863.44 204,612.96 214,830.96 HOURLY RATE 80.94 84.98 89.22 93.68 98.37 103.28
PERIOD SALARY 6,474.98 6,798.27 7,137.79 7,494.75 7,869.73 8,262.73 Director of Community Services UNREP MAN - MA Yes Exempt Unclassified 01T2 ANNUAL SALARY 168,349.44 176,754.96 185,582.64 194,863.44 204,612.96 214,830.96 HOURLY RATE 80.94 84.98 89.22 93.68 98.37 103.28
PERIOD SALARY 6,474.98 6,798.27 7,137.79 7,494.75 7,869.73 8,262.73 Director of Economic Development UNREP MAN - MA Yes Exempt Unclassified 01T3 ANNUAL SALARY 170,738.16 179,263.20 188,215.92 197,628.48 207,516.24 217,879.20 HOURLY RATE 82.09 86.18 90.49 95.01 99.77 104.75
PERIOD SALARY 6,566.85 6,894.74 7,239.07 7,601.10 7,981.39 8,379.97 Director of Human Resources UNREP MAN - MA Yes Exempt Unclassified 01T4 ANNUAL SALARY 168,349.44 176,754.96 185,582.64 194,863.44 204,612.96 214,830.96 HOURLY RATE 80.94 84.98 89.22 93.68 98.37 103.28
PERIOD SALARY 6,474.98 6,798.27 7,137.79 7,494.75 7,869.73 8,262.73 Director of Information Technology UNREP MAN - MA Yes Exempt Unclassified 01T5 ANNUAL SALARY 172,624.08 181,243.20 190,294.80 199,811.52 209,808.24 220,285.92 HOURLY RATE 82.99 87.14 91.49 96.06 100.87 105.91
PERIOD SALARY 6,639.39 6,970.89 7,319.03 7,685.06 8,069.55 8,472.54 Director of Library Services UNREP MAN - MA Yes Exempt Unclassified 01C2 ANNUAL SALARY 141,041.52 148,262.40 155,770.08 163,818.48 172,092.96 181,029.36 HOURLY RATE 67.81 71.28 74.89 78.76 82.74 87.03
PERIOD SALARY 5,424.67 5,702.40 5,991.16 6,300.71 6,618.96 6,962.67 Published October 9, 2024; Effective September 22, 2024 Page 9 of 34 EXHIBIT 1 562
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Director of Municipal Utilities UNREP MAN - MA Yes Exempt Unclassified 01U1 ANNUAL SALARY 176,947.44 185,791.20 195,077.04 204,826.80 215,063.52 225,812.40 HOURLY RATE 85.07 89.32 93.79 98.47 103.40 108.56
PERIOD SALARY 6,805.67 7,145.82 7,502.96 7,877.95 8,271.67 8,685.09 Director of Performance and Data Analytics UNREP MAN - MA Yes Exempt Unclassified 04O5 ANNUAL SALARY 133,710.24 140,393.04 147,409.92 154,777.20 162,512.88 170,634.48 HOURLY RATE 64.28 67.50 70.87 74.41 78.13 82.04
PERIOD SALARY 5,142.70 5,399.73 5,669.61 5,952.97 6,250.50 6,562.86 Director of Public Works UNREP MAN - MA Yes Exempt Unclassified 01U2 ANNUAL SALARY 176,947.44 185,791.20 195,077.04 204,826.80 215,063.52 225,812.40 HOURLY RATE 85.07 89.32 93.79 98.47 103.40 108.56
PERIOD SALARY 6,805.67 7,145.82 7,502.96 7,877.95 8,271.67 8,685.09 Dispatcher T&M - B No Non-Exempt Classified 30Z ANNUAL SALARY 49,201.92 51,731.52 54,390.24 57,186.24 60,125.28 HOURLY RATE 23.65 24.87 26.15 27.49 28.91
PERIOD SALARY 1,892.38 1,989.67 2,091.93 2,199.47 2,312.51 Diversity, Equity, and Inclusion Officer UNREP - MW Yes Exempt Unclassified 03H ANNUAL SALARY 118,136.64 124,181.52 130,549.92 137,242.56 144,274.32 151,661.04 HOURLY RATE 56.80 59.70 62.76 65.98 69.36 72.91
PERIOD SALARY 4,543.72 4,776.21 5,021.15 5,278.56 5,549.01 5,833.12 Economic Development Analyst SCEA - A No Exempt Classified 1BV ANNUAL SALARY 78,216.72 82,219.44 86,429.52 90,865.92 95,529.60 100,419.36 HOURLY RATE 37.60 39.53 41.55 43.69 45.93 48.28
PERIOD SALARY 3,008.34 3,162.29 3,324.21 3,494.84 3,674.22 3,862.28 Electrical Technician (Entry Level) O&M - BO No Non-Exempt Classified 31H ANNUAL SALARY 72,683.52 76,419.12 HOURLY RATE 34.94 36.74
PERIOD SALARY 2,795.52 2,939.20
Electrical Technician (Journey Level) O&M - BO No Non-Exempt Classified 31H1 ANNUAL SALARY - - 80,346.72 84,477.12 HOURLY RATE - - 38.63 40.61
PERIOD SALARY - - 3,090.26 3,249.12
Electrician I T&M - B No Non-Exempt Classified 3BM ANNUAL SALARY 55,118.64 57,951.84 60,930.72 64,062.48 67,355.28 HOURLY RATE 26.50 27.86 29.29 30.80 32.38
PERIOD SALARY 2,119.95 2,228.92 2,343.49 2,463.94 2,590.59 Electrician II T&M - B No Non-Exempt Classified 3BN ANNUAL SALARY 75,838.08 79,736.40 83,834.40 88,144.08 92,674.32 HOURLY RATE 36.46 38.33 40.31 42.38 44.56
PERIOD SALARY 2,916.85 3,066.78 3,224.40 3,390.16 3,564.40 Emergency Manager B&C - MB No Exempt Classified 041 ANNUAL SALARY 101,307.36 106,505.76 111,970.08 117,699.84 123,726.00 130,080.00 HOURLY RATE 48.71 51.20 53.83 56.59 59.48 62.54
PERIOD SALARY 3,896.44 4,096.38 4,306.54 4,526.92 4,758.69 5,003.08 EMS Transport Technician (Tier B) FIRE - F No Non-Exempt Classified 20G ANNUAL SALARY 43,720.56 45,950.64 48,305.76 50,786.16 53,390.88 56,120.64 59,006.16 HOURLY RATE 15.01 15.78 16.59 17.44 18.33 19.27 20.26
PERIOD SALARY 1,681.56 1,767.33 1,857.91 1,953.31 2,053.50 2,158.49 2,269.47 Engineering Aide SCEA - A No Non-Exempt Classified 1AU ANNUAL SALARY 46,727.28 49,117.92 51,646.08 54,294.72 57,080.40 60,004.32 HOURLY RATE 22.47 23.61 24.83 26.10 27.44 28.85
PERIOD SALARY 1,797.20 1,889.15 1,986.39 2,088.26 2,195.40 2,307.86 Engineering Services Manager B&C - MB Yes Exempt Unclassified 04T ANNUAL SALARY 134,668.08 141,566.16 148,813.20 156,442.32 164,454.00 172,764.48 HOURLY RATE 64.74 68.06 71.54 75.21 79.06 83.06
PERIOD SALARY 5,179.54 5,444.85 5,723.58 6,017.01 6,325.15 6,644.79 Engineering Technician I SCEA - A No Non-Exempt Classified 1AG ANNUAL SALARY 61,112.16 64,249.20 67,532.16 70,992.96 74,631.36 78,464.16 HOURLY RATE 29.38 30.89 32.47 34.13 35.88 37.72
PERIOD SALARY 2,350.47 2,471.12 2,597.39 2,730.50 2,870.44 3,017.85 Published October 9, 2024; Effective September 22, 2024 Page 10 of 34 EXHIBIT 1 563
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Engineering Technician II SCEA - A No Non-Exempt Classified 1AC ANNUAL SALARY 64,314.24 67,596.48 71,073.60 74,712.24 78,544.80 82,555.44 HOURLY RATE 30.92 32.50 34.17 35.92 37.76 39.69
PERIOD SALARY 2,473.62 2,599.86 2,733.60 2,873.55 3,020.95 3,175.21 Environmental and Sustainability Officer UNREP MAN - MV Yes Exempt Unclassified 02O ANNUAL SALARY 118,136.64 124,181.52 130,549.92 137,242.56 144,274.32 151,661.04 HOURLY RATE 56.80 59.70 62.76 65.98 69.36 72.91
PERIOD SALARY 4,543.72 4,776.21 5,021.15 5,278.56 5,549.01 5,833.12 Environmental Control Officer (Entry Level) O&M - BO No Non-Exempt Classified 31J1 ANNUAL SALARY 70,732.80 74,272.08 HOURLY RATE 34.01 35.71
PERIOD SALARY 2,720.49 2,856.62
Environmental Control Officer (Journey Level) O&M - BO No Non-Exempt Classified 31J2 ANNUAL SALARY - - 77,987.52 81,879.12 HOURLY RATE - - 37.49 39.37
PERIOD SALARY - - 2,999.52 3,149.20
Equipment Service Worker T&M - B No Non-Exempt Classified 30Y1 ANNUAL SALARY 50,245.68 52,828.80 55,544.16 58,398.72 61,400.40 HOURLY RATE 24.16 25.40 26.70 28.08 29.52
PERIOD SALARY 1,932.53 2,031.88 2,136.31 2,246.10 2,361.55 Events Coordinator B&C - MC No Exempt Unclassified 05N ANNUAL SALARY 74,124.48 78,025.68 82,132.32 86,455.20 91,005.36 95,795.28 HOURLY RATE 35.64 37.51 39.49 41.57 43.75 46.06
PERIOD SALARY 2,850.94 3,000.99 3,158.94 3,325.20 3,500.21 3,684.43 Events Manager B&C - MB No Exempt Unclassified 04X ANNUAL SALARY 100,719.36 105,888.00 111,320.16 117,016.80 122,987.76 129,325.68 HOURLY RATE 48.42 50.91 53.52 56.26 59.13 62.18
PERIOD SALARY 3,873.82 4,072.62 4,281.54 4,500.65 4,730.30 4,974.06 Events Technician I SCEA - A No Non-Exempt Unclassified 10Z ANNUAL SALARY 47,316.00 49,806.24 52,427.52 55,187.04 58,091.76 61,148.88 HOURLY RATE 22.75 23.95 25.21 26.53 27.93 29.40
PERIOD SALARY 1,819.85 1,915.62 2,016.44 2,122.58 2,234.30 2,351.88 Events Technician II SCEA - A No Non-Exempt Unclassified 10Z1 ANNUAL SALARY 56,725.20 59,710.80 62,853.36 66,161.52 69,643.44 73,309.20 HOURLY RATE 27.27 28.71 30.22 31.81 33.48 35.24
PERIOD SALARY 2,181.74 2,296.57 2,417.44 2,544.67 2,678.59 2,819.58 Evidence Technician I SCEA - A No Non-Exempt Classified 1AS ANNUAL SALARY 57,522.00 60,474.48 63,561.60 66,821.28 70,253.52 73,838.88 HOURLY RATE 27.65 29.07 30.56 32.13 33.78 35.50
PERIOD SALARY 2,212.38 2,325.94 2,444.68 2,570.05 2,702.06 2,839.96 Evidence Technician II SCEA - A No Non-Exempt Classified 1BE ANNUAL SALARY 63,288.72 66,534.48 69,951.84 73,521.60 77,302.08 81,253.92 HOURLY RATE 30.43 31.99 33.63 35.35 37.16 39.06
PERIOD SALARY 2,434.18 2,559.02 2,690.46 2,827.75 2,973.16 3,125.15 Executive Assistant (Confidential) UNREP - MW Yes Non-Exempt Unclassified 0331 ANNUAL SALARY 68,067.12 71,471.76 75,045.36 78,818.88 82,798.08 86,941.68 HOURLY RATE 32.72 34.36 36.08 37.89 39.81 41.80
PERIOD SALARY 2,617.97 2,748.91 2,886.36 3,031.50 3,184.54 3,343.91 Executive Assistant (Legal) UNREP - SP Yes Non-Exempt Unclassified 42C ANNUAL SALARY 68,067.12 71,471.76 75,045.36 78,818.88 82,798.08 86,941.68 HOURLY RATE 32.72 34.36 36.08 37.89 39.81 41.80
PERIOD SALARY 2,617.97 2,748.91 2,886.36 3,031.50 3,184.54 3,343.91 Executive Assistant to the City Attorney UNREP - SP Yes Non-Exempt Unclassified 42B ANNUAL SALARY 83,422.80 87,632.64 92,011.20 96,651.84 101,512.80 106,588.32 HOURLY RATE 40.11 42.13 44.24 46.47 48.80 51.24
PERIOD SALARY 3,208.57 3,370.49 3,538.89 3,717.38 3,904.34 4,099.55 Executive Assistant to the City Manager UNREP - MW Yes Non-Exempt Unclassified 030 ANNUAL SALARY 83,422.80 87,632.64 92,011.20 96,651.84 101,512.80 106,588.32 HOURLY RATE 40.11 42.13 44.24 46.47 48.80 51.24
PERIOD SALARY 3,208.57 3,370.49 3,538.89 3,717.38 3,904.34 4,099.55 Published October 9, 2024; Effective September 22, 2024 Page 11 of 34 EXHIBIT 1 564
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Executive Assistant to the Mayor UNREP - MW Yes Exempt Unclassified 332 ANNUAL SALARY 68,067.12 71,471.76 75,045.36 78,818.88 82,798.08 86,941.68 HOURLY RATE 32.72 34.36 36.08 37.89 39.81 41.80
PERIOD SALARY 2,617.97 2,748.91 2,886.36 3,031.50 3,184.54 3,343.91 Facilities Maintenance Supervisor B&C - MC No Non-Exempt Classified 5AC ANNUAL SALARY 61,944.48 65,105.52 68,451.60 71,952.24 75,637.44 79,523.76 HOURLY RATE 29.78 31.30 32.91 34.59 36.36 38.23
PERIOD SALARY 2,382.48 2,504.06 2,632.75 2,767.39 2,909.13 3,058.61 Facilities Maintenance Worker I T&M - B No Non-Exempt Classified 3BO ANNUAL SALARY 40,132.80 42,195.60 44,364.48 46,644.72 49,042.56 51,562.80 54,213.84 HOURLY RATE 19.29 20.29 21.33 22.43 23.58 24.79 26.06
PERIOD SALARY 1,543.57 1,622.91 1,706.33 1,794.03 1,886.25 1,983.18 2,085.15 Facilities Maintenance Worker II T&M - B No Non-Exempt Classified 3BP ANNUAL SALARY 48,095.52 50,567.52 53,166.96 55,899.12 58,772.88 HOURLY RATE 23.12 24.31 25.56 26.87 28.26
PERIOD SALARY 1,849.83 1,944.90 2,044.88 2,149.97 2,260.50 Facilities Maintenance Worker III T&M - B No Non-Exempt Classified 3BQ ANNUAL SALARY 53,031.60 55,757.52 58,622.88 61,636.08 64,803.84 HOURLY RATE 25.50 26.81 28.18 29.63 31.16
PERIOD SALARY 2,039.68 2,144.52 2,254.73 2,370.62 2,492.46 Facilities Manager B&C - MB Yes Exempt Unclassified 04Z1 ANNUAL SALARY 99,321.12 104,419.92 109,761.60 115,398.00 121,311.84 127,520.64 HOURLY RATE 47.75 50.20 52.77 55.48 58.32 61.31
PERIOD SALARY 3,820.04 4,016.15 4,221.60 4,438.38 4,665.84 4,904.64 Facility Aide T&M - B No Non-Exempt Classified 3AK ANNUAL SALARY 36,138.24 37,995.60 39,948.72 42,001.92 44,160.96 46,430.88 48,817.92 HOURLY RATE 17.37 18.27 19.21 20.19 21.23 22.32 23.47
PERIOD SALARY 1,389.93 1,461.37 1,536.49 1,615.46 1,698.50 1,785.80 1,877.61 Finance Assistant I SCEA - C No Non-Exempt Classified 156 ANNUAL SALARY 44,707.68 47,001.60 49,404.96 51,948.48 54,601.44 57,394.56 HOURLY RATE 21.49 22.60 23.75 24.98 26.25 27.59
PERIOD SALARY 1,719.53 1,807.75 1,900.19 1,998.02 2,100.06 2,207.48 Finance Assistant II SCEA - C No Non-Exempt Classified 157 ANNUAL SALARY 47,657.04 50,106.72 52,666.32 55,365.84 58,206.00 61,186.32 HOURLY RATE 22.91 24.09 25.32 26.62 27.98 29.42
PERIOD SALARY 1,832.96 1,927.18 2,025.63 2,129.46 2,238.69 2,353.32 Finance Officer UNREP MAN - MV Yes Exempt Unclassified 02L ANNUAL SALARY 125,858.88 132,315.60 139,087.20 146,225.76 153,714.96 161,588.64 HOURLY RATE 60.51 63.61 66.87 70.30 73.90 77.69
PERIOD SALARY 4,840.73 5,089.06 5,349.51 5,624.07 5,912.11 6,214.95 Fire Battalion Chief FIRE MAN - MF No Non-Exempt Classified 06E ANNUAL SALARY 131,684.88 138,451.20 145,548.24 153,032.16 160,883.28 169,157.28 HOURLY RATE 45.22 47.55 49.98 52.55 55.25 58.09
PERIOD SALARY 5,064.80 5,325.05 5,598.01 5,885.85 6,187.82 6,506.05 Fire Battalion Chief - Admin FIRE MAN - MF No Non-Exempt Classified 06F ANNUAL SALARY 124,107.12 130,485.12 137,174.88 144,228.48 151,629.12 159,427.68 HOURLY RATE 59.67 62.73 65.95 69.34 72.90 76.65
PERIOD SALARY 4,773.35 5,018.66 5,275.96 5,547.25 5,831.89 6,131.83 Fire Battalion Chief (22 years) FIRE MAN - MF No Non-Exempt Classified 06G ANNUAL SALARY 133,831.44 140,708.40 147,920.88 155,526.48 163,505.52 171,914.40 HOURLY RATE 45.96 48.32 50.80 53.41 56.15 59.04
PERIOD SALARY 5,147.36 5,411.86 5,689.26 5,981.79 6,288.67 6,612.09 Fire Battalion Chief (22 years) - Admin FIRE MAN - MF No Non-Exempt Classified 06H ANNUAL SALARY 126,130.32 132,612.24 139,410.96 146,579.52 154,100.88 162,026.64 HOURLY RATE 60.64 63.76 67.02 70.47 74.09 77.90
PERIOD SALARY 4,851.17 5,100.47 5,361.96 5,637.67 5,926.96 6,231.79 Fire Captain FIRE - F No Non-Exempt Classified 20I ANNUAL SALARY 103,281.84 108,592.08 114,163.92 120,030.72 126,194.40 132,688.80 HOURLY RATE 35.47 37.29 39.20 41.22 43.34 45.57
PERIOD SALARY 3,972.38 4,176.62 4,390.92 4,616.57 4,853.63 5,103.42 Fire Captain - Admin FIRE - F No Non-Exempt Classified 20J ANNUAL SALARY 97,335.36 102,341.04 107,592.48 113,123.28 118,932.96 125,054.64 HOURLY RATE 46.80 49.20 51.73 54.39 57.18 60.12
PERIOD SALARY 3,743.67 3,936.19 4,138.17 4,350.90 4,574.34 4,809.79 Published October 9, 2024; Effective September 22, 2024 Page 12 of 34 EXHIBIT 1 565
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Fire Captain (22 years) FIRE - F No Non-Exempt Classified 20K ANNUAL SALARY 112,318.56 118,094.16 124,152.72 130,533.84 137,236.80 144,299.04 HOURLY RATE 38.57 40.55 42.63 44.83 47.13 49.55
PERIOD SALARY 4,319.94 4,542.08 4,775.10 5,020.53 5,278.34 5,549.96 Fire Captain (22 years) - Admin FIRE - F No Non-Exempt Classified 20L ANNUAL SALARY 105,852.24 111,295.92 117,007.20 123,021.36 129,339.36 135,996.72 HOURLY RATE 50.89 53.51 56.25 59.14 62.18 65.38
PERIOD SALARY 4,071.24 4,280.61 4,500.28 4,731.59 4,974.59 5,230.64 Fire Chief UNREP PS - MA Yes Exempt Unclassified 01R ANNUAL SALARY 202,291.44 212,938.32 224,145.60 235,943.04 248,360.88 261,432.72 HOURLY RATE 97.26 102.37 107.76 113.43 119.40 125.69
PERIOD SALARY 7,780.44 8,189.94 8,620.98 9,074.73 9,552.34 10,055.10 Fire Department Administrative Manager UNREP MAN - MV Yes Exempt Classified 02A ANNUAL SALARY 109,378.32 114,846.96 120,589.68 126,618.96 132,949.92 139,583.28 HOURLY RATE 52.59 55.21 57.98 60.87 63.92 67.11
PERIOD SALARY 4,206.86 4,417.19 4,638.06 4,869.96 5,113.46 5,368.59 Fire Fighter FIRE - F No Non-Exempt Classified 20Q ANNUAL SALARY 67,923.36 71,416.56 75,091.44 78,947.28 83,017.20 87,285.12 91,767.36 96,479.76 101,440.32 HOURLY RATE 23.33 24.52 25.79 27.11 28.51 29.97 31.51 33.13 34.84 PERIOD SALARY 2,612.44 2,746.79 2,888.13 3,036.43 3,192.97 3,357.12 3,529.51 3,710.76 3,901.55 Fire Fighter - Admin FIRE - F No Non-Exempt Classified 20R ANNUAL SALARY 64,007.76 67,300.56 70,764.24 74,398.80 78,235.44 82,258.32 86,483.04 90,924.96 95,600.16 HOURLY RATE 30.77 32.36 34.02 35.77 37.61 39.55 41.58 43.71 45.96 PERIOD SALARY 2,461.84 2,588.48 2,721.70 2,861.49 3,009.06 3,163.78 3,326.27 3,497.11 3,676.93 Fire Fighter (22 years) FIRE - F No Non-Exempt Classified 20S ANNUAL SALARY 77,665.68 81,661.92 85,854.96 90,281.52 94,922.88 99,797.28 104,921.76 110,316.00 HOURLY RATE 26.67 28.04 29.48 31.00 32.60 34.27 36.03 37.88 PERIOD SALARY 2,987.14 3,140.84 3,302.11 3,472.37 3,650.88 3,838.36 4,035.45 4,242.92 Fire Fighter (22 years) - Admin FIRE - F No Non-Exempt Classified 20T ANNUAL SALARY 73,189.44 76,956.24 80,899.20 85,080.96 89,455.92 94,050.24 98,881.20 103,965.36 HOURLY RATE 35.19 37.00 38.89 40.90 43.01 45.22 47.54 49.98 PERIOD SALARY 2,814.98 2,959.86 3,111.51 3,272.34 3,440.61 3,617.32 3,803.12 3,998.67 Fire Fighter Engineer FIRE - F No Non-Exempt Classified 20M ANNUAL SALARY 90,450.24 95,091.60 99,992.16 105,118.32 110,521.68 116,201.52 HOURLY RATE 31.06 32.66 34.34 36.10 37.95 39.90
PERIOD SALARY 3,478.86 3,657.37 3,845.85 4,043.01 4,250.83 4,469.29 Fire Fighter Engineer - Admin FIRE - F No Non-Exempt Classified 20N ANNUAL SALARY 85,240.32 89,615.28 94,234.80 99,066.72 104,159.52 109,510.08 HOURLY RATE 40.98 43.08 45.31 47.63 50.08 52.65
PERIOD SALARY 3,278.47 3,446.74 3,624.42 3,810.26 4,006.14 4,211.93 Fire Fighter Engineer (22 years) FIRE - F No Non-Exempt Classified 20O ANNUAL SALARY 98,364.72 103,411.92 108,742.08 114,316.08 120,191.76 126,369.12 HOURLY RATE 33.78 35.51 37.34 39.26 41.27 43.40
PERIOD SALARY 3,783.26 3,977.38 4,182.39 4,396.77 4,622.76 4,860.35 Fire Fighter Engineer (22 years) - Admin FIRE - F No Non-Exempt Classified 20P ANNUAL SALARY 92,698.80 97,456.80 102,480.48 107,735.28 113,273.52 119,092.56 HOURLY RATE 44.57 46.85 49.27 51.80 54.46 57.26
PERIOD SALARY 3,565.34 3,748.34 3,941.56 4,143.66 4,356.67 4,580.48 Fire Fighter Trainee FIRE - F No Non-Exempt Classified 20U ANNUAL SALARY 67,923.12 HOURLY RATE 32.66
PERIOD SALARY 2,612.43
Fire Prevention Inspector I SCEA - A No Non-Exempt Classified 1CF ANNUAL SALARY 63,551.76 66,805.20 70,232.16 73,833.84 77,608.80 81,592.80 HOURLY RATE 30.55 32.12 33.77 35.50 37.31 39.23
PERIOD SALARY 2,444.30 2,569.43 2,701.24 2,839.76 2,984.95 3,138.18 Fire Prevention Inspector II SCEA - A No Non-Exempt Classified 1CG ANNUAL SALARY 70,371.60 73,973.04 77,765.28 81,749.76 85,942.08 90,343.20 HOURLY RATE 33.83 35.56 37.39 39.30 41.32 43.43
PERIOD SALARY 2,706.60 2,845.12 2,990.97 3,144.22 3,305.46 3,474.74 Published October 9, 2024; Effective September 22, 2024 Page 13 of 34 EXHIBIT 1 566
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Fire Telecommunications Supervisor (40 hour
work week) B&C - MC No Non-Exempt Classified 5AV ANNUAL SALARY 91,739.76 96,445.92 101,370.24 106,572.96 112,033.20 117,772.32 HOURLY RATE 44.11 46.37 48.74 51.24 53.86 56.62
PERIOD SALARY 3,528.45 3,709.46 3,898.86 4,098.96 4,308.97 4,529.70 Fire Telecommunications Supervisor (56 hour
work week) B&C - MC No Non-Exempt Classified 5AG ANNUAL SALARY 91,734.00 96,439.68 101,364.00 106,565.52 112,026.24 117,765.12 HOURLY RATE 31.50 33.12 34.81 36.60 38.47 40.44
PERIOD SALARY 3,528.23 3,709.22 3,898.62 4,098.67 4,308.70 4,529.43 Fire Telecommunications/ CAD Coordinator B&C - MC No Non-Exempt Classified 5AA ANNUAL SALARY 100,503.36 105,653.28 111,068.88 116,773.68 122,744.16 129,048.24 HOURLY RATE 48.32 50.79 53.40 56.14 59.01 62.04
PERIOD SALARY 3,865.51 4,063.59 4,271.88 4,491.30 4,720.93 4,963.39 Fire Telecommunicator Call Taker SCEA - C No Non-Exempt Classified 5AZ ANNUAL SALARY 54,915.84 57,660.72 60,541.92 63,567.60 66,744.96 70,080.72 HOURLY RATE 26.40 27.72 29.11 30.56 32.09 33.69
PERIOD SALARY 2,112.15 2,217.72 2,328.54 2,444.91 2,567.11 2,695.41 Fire Telecommunicator I (40 hour work week) SCEA - R No Non-Exempt Classified 16D ANNUAL SALARY 72,294.72 75,999.12 79,898.88 83,993.52 88,282.56 92,806.08 HOURLY RATE 34.76 36.54 38.41 40.38 42.44 44.62
PERIOD SALARY 2,780.57 2,923.04 3,073.03 3,230.52 3,395.48 3,569.46 Fire Telecommunicator I (56 hour work week) SCEA - R No Non-Exempt Classified 16B ANNUAL SALARY 72,292.08 75,996.72 79,895.52 83,989.92 88,278.96 92,802.24 HOURLY RATE 24.83 26.10 27.44 28.84 30.32 31.87
PERIOD SALARY 2,780.46 2,922.95 3,072.90 3,230.38 3,395.34 3,569.32 Fire Telecommunicator II (40 hour work week) SCEA - R No Non-Exempt Classified 16C ANNUAL SALARY 80,272.80 84,391.44 88,715.76 93,246.24 98,024.16 103,048.80 HOURLY RATE 38.59 40.57 42.65 44.83 47.13 49.54
PERIOD SALARY 3,087.42 3,245.82 3,412.14 3,586.39 3,770.16 3,963.42 Fire Telecommunicator II (56 hour work week) SCEA - R No Non-Exempt Classified 16A ANNUAL SALARY 79,996.80 84,101.28 88,410.96 92,926.08 97,686.96 102,694.32 HOURLY RATE 27.47 28.88 30.36 31.91 33.55 35.27
PERIOD SALARY 3,076.80 3,234.66 3,400.42 3,574.08 3,757.19 3,949.78 Firearms Examiner UNREP - MW Yes Non-Exempt Classified N03 ANNUAL SALARY 80,186.64 84,188.40 88,400.88 92,808.96 97,457.28 102,317.04 HOURLY RATE 38.55 40.48 42.50 44.62 46.85 49.19
PERIOD SALARY 3,084.10 3,238.02 3,400.03 3,569.58 3,748.36 3,935.27 Fleet Equipment Parts Assistant T&M - B No Non-Exempt Classified 3BH ANNUAL SALARY 51,742.56 54,402.24 57,198.48 60,138.96 63,230.16 HOURLY RATE 24.88 26.15 27.50 28.91 30.40
PERIOD SALARY 1,990.10 2,092.39 2,199.94 2,313.04 2,431.93 Fleet Manager B&C - MB Yes Exempt Unclassified 04Z2 ANNUAL SALARY 101,305.44 106,506.24 111,954.72 117,703.44 123,735.12 130,068.24 HOURLY RATE 48.70 51.20 53.82 56.59 59.49 62.53
PERIOD SALARY 3,896.36 4,096.39 4,305.95 4,527.06 4,759.04 5,002.62 Fleet Operations Coordinator B&C - MC No Non-Exempt Classified 05R ANNUAL SALARY 84,582.72 88,915.92 93,466.08 98,266.08 103,299.36 108,582.72 HOURLY RATE 40.66 42.75 44.94 47.24 49.66 52.20
PERIOD SALARY 3,253.18 3,419.84 3,594.85 3,779.46 3,973.05 4,176.26 Geographic Information Systems Administrator B&C - MC No Exempt Classified 05Q2 ANNUAL SALARY 73,185.84 76,932.72 80,880.48 85,028.64 89,377.20 93,957.12 HOURLY RATE 35.19 36.99 38.88 40.88 42.97 45.17
PERIOD SALARY 2,814.84 2,958.95 3,110.79 3,270.33 3,437.58 3,613.74 Published October 9, 2024; Effective September 22, 2024 Page 14 of 34 EXHIBIT 1 567
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Geographic Information Systems Analyst I SCEA - A No Non-Exempt Classified 1CU ANNUAL SALARY 68,711.52 72,224.16 75,937.68 79,831.68 83,906.64 88,222.32 HOURLY RATE 33.03 34.72 36.51 38.38 40.34 42.41
PERIOD SALARY 2,642.75 2,777.85 2,920.68 3,070.45 3,227.18 3,393.17 Geographic Information Systems Analyst II SCEA - A No Non-Exempt Classified 10V ANNUAL SALARY 84,504.48 88,848.00 93,391.44 98,175.12 103,219.20 108,503.28 HOURLY RATE 40.63 42.72 44.90 47.20 49.62 52.17
PERIOD SALARY 3,250.17 3,417.23 3,591.98 3,775.97 3,969.97 4,173.20 Geographic Information Systems Manager B&C - MB Yes Exempt Unclassified 04M1 ANNUAL SALARY 85,876.80 90,287.04 94,913.52 99,770.88 104,890.32 110,256.96 HOURLY RATE 41.29 43.41 45.63 47.97 50.43 53.01
PERIOD SALARY 3,302.95 3,472.58 3,650.52 3,837.34 4,034.24 4,240.65 Geographic Information Systems Specialist I SCEA - A No Non-Exempt Classified 1AO ANNUAL SALARY 63,798.00 67,059.84 70,507.68 74,123.52 77,907.12 81,914.16 HOURLY RATE 30.67 32.24 33.90 35.64 37.46 39.38
PERIOD SALARY 2,453.77 2,579.22 2,711.83 2,850.90 2,996.43 3,150.54 Geographic Information Systems Specialist II SCEA - A No Non-Exempt Classified 1AF ANNUAL SALARY 70,205.04 73,806.48 77,597.28 81,558.48 85,747.44 90,144.72 HOURLY RATE 33.75 35.48 37.31 39.21 41.22 43.34
PERIOD SALARY 2,700.19 2,838.71 2,984.51 3,136.86 3,297.98 3,467.10 Geographic Information Systems Supervisor B&C - MC No Exempt Unclassified 5BP ANNUAL SALARY 97,132.08 102,114.96 107,341.68 112,847.04 118,614.00 124,694.64 HOURLY RATE 46.70 49.09 51.61 54.25 57.03 59.95
PERIOD SALARY 3,735.85 3,927.50 4,128.53 4,340.27 4,562.08 4,795.95 Golf Professional SCEA - A No Exempt Excluded 10Y ANNUAL SALARY 58,505.28 61,512.48 64,658.16 67,973.76 71,458.56 75,113.52 HOURLY RATE 28.13 29.57 31.09 32.68 34.36 36.11
PERIOD SALARY 2,250.20 2,365.86 2,486.85 2,614.38 2,748.41 2,888.98 Graffiti Abatement Technician T&M - B No Non-Exempt Classified 3AY ANNUAL SALARY 55,869.84 58,741.20 61,760.88 64,934.88 68,273.04 71,769.60 75,471.60 HOURLY RATE 26.86 28.24 29.69 31.22 32.82 34.50 36.28
PERIOD SALARY 2,148.84 2,259.28 2,375.42 2,497.50 2,625.89 2,760.37 2,902.75 Grants Analyst SCEA - A No Exempt Classified 1BP1 ANNUAL SALARY 69,078.72 72,617.28 76,337.28 80,254.56 84,368.88 88,697.76 HOURLY RATE 33.21 34.91 36.70 38.58 40.56 42.64
PERIOD SALARY 2,656.87 2,792.97 2,936.05 3,086.71 3,244.96 3,411.45 Heating, Ventilation & Air Conditioning Mechanic T&M - B No Non-Exempt Classified 30D ANNUAL SALARY 71,003.52 74,653.44 78,490.56 82,525.20 86,766.96 HOURLY RATE 34.14 35.89 37.74 39.68 41.71
PERIOD SALARY 2,730.90 2,871.29 3,018.87 3,174.05 3,337.19 Housing Director UNREP MAN - MA Yes Exempt Unclassified 01C3 ANNUAL SALARY 141,041.52 148,262.40 155,770.08 163,818.48 172,092.96 181,029.36 HOURLY RATE 67.81 71.28 74.89 78.76 82.74 87.03
PERIOD SALARY 5,424.67 5,702.40 5,991.16 6,300.71 6,618.96 6,962.67 Housing Financial Advisor SCEA - A No Non-Exempt Classified 1CK ANNUAL SALARY 61,181.28 64,325.76 67,615.44 71,082.48 74,727.12 78,548.64 HOURLY RATE 29.41 30.93 32.51 34.17 35.93 37.76
PERIOD SALARY 2,353.13 2,474.07 2,600.59 2,733.94 2,874.12 3,021.10 Housing Program Supervisor B&C - MC No Exempt Classified 05F ANNUAL SALARY 83,008.80 87,264.72 91,736.64 96,439.92 101,374.56 106,571.52 HOURLY RATE 39.91 41.95 44.10 46.37 48.74 51.24
PERIOD SALARY 3,192.65 3,356.34 3,528.33 3,709.23 3,899.02 4,098.90 Human Resources Analyst I UNREP - MW Yes Non-Exempt Unclassified 03N1 ANNUAL SALARY 65,616.72 68,966.40 72,508.56 76,226.88 80,121.60 84,240.48 HOURLY RATE 31.55 33.16 34.86 36.65 38.52 40.50
PERIOD SALARY 2,523.72 2,652.55 2,788.79 2,931.80 3,081.60 3,240.02 Published October 9, 2024; Effective September 22, 2024 Page 15 of 34 EXHIBIT 1 568
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Human Resources Analyst II UNREP - MW Yes Exempt Unclassified Q031 ANNUAL SALARY 78,697.44 82,744.08 86,986.80 91,440.00 96,133.92 101,053.44 HOURLY RATE 37.84 39.78 41.82 43.96 46.22 48.58
PERIOD SALARY 3,026.82 3,182.46 3,345.65 3,516.92 3,697.46 3,886.67 Human Resources Assistant I UNREP - MW No Non-Exempt Classified 035 ANNUAL SALARY 41,174.88 43,290.24 45,502.08 47,842.32 50,294.16 52,875.12 HOURLY RATE 19.80 20.81 21.88 23.00 24.18 25.42
PERIOD SALARY 1,583.65 1,665.01 1,750.08 1,840.09 1,934.39 2,033.66 Human Resources Assistant II UNREP - MW No Non-Exempt Classified 036 ANNUAL SALARY 45,373.92 47,697.84 50,134.08 52,714.32 55,407.36 58,260.00 HOURLY RATE 21.81 22.93 24.10 25.34 26.64 28.01
PERIOD SALARY 1,745.15 1,834.53 1,928.23 2,027.47 2,131.05 2,240.77 Human Resources Specialist UNREP - MW No Non-Exempt Classified 0371 ANNUAL SALARY 53,061.60 55,784.64 58,643.52 61,652.16 64,811.04 68,121.12 HOURLY RATE 25.51 26.82 28.19 29.64 31.16 32.75
PERIOD SALARY 2,040.83 2,145.56 2,255.52 2,371.24 2,492.73 2,620.04 Human Resources Technician UNREP - MW No Non-Exempt Classified 038 ANNUAL SALARY 59,086.32 62,114.16 65,300.88 68,646.96 72,152.88 75,849.84 HOURLY RATE 28.41 29.86 31.39 33.00 34.69 36.47
PERIOD SALARY 2,272.55 2,389.01 2,511.57 2,640.27 2,775.11 2,917.30 Hydrant Worker O&M - BO No Non-Exempt Classified 31U ANNUAL SALARY 46,035.12 48,401.04 50,889.12 53,504.88 56,254.80 HOURLY RATE 22.13 23.27 24.47 25.72 27.05
PERIOD SALARY 1,770.58 1,861.58 1,957.27 2,057.88 2,163.65 Industrial Electrical Apprentice T&M - B No Non-Exempt Classified 3AX ANNUAL SALARY 53,569.92 56,323.44 59,219.04 62,262.00 HOURLY RATE 25.75 27.08 28.47 29.93
PERIOD SALARY 2,060.38 2,166.29 2,277.66 2,394.69
Information Technology Interdepartmental
Coordinator SCEA - A No Non-Exempt Classified 1BR ANNUAL SALARY 63,378.48 66,632.16 70,039.68 73,633.20 77,395.68 81,373.92 HOURLY RATE 30.47 32.03 33.67 35.40 37.21 39.12
PERIOD SALARY 2,437.63 2,562.78 2,693.83 2,832.05 2,976.76 3,129.77 Information Technology Officer UNREP MAN - MV Yes Exempt Unclassified 02Y3 ANNUAL SALARY 133,710.00 140,393.04 147,409.92 154,777.20 162,512.64 170,634.72 HOURLY RATE 64.28 67.50 70.87 74.41 78.13 82.04
PERIOD SALARY 5,142.69 5,399.73 5,669.61 5,952.97 6,250.49 6,562.87 Information Technology Supervisor B&C - MC No Exempt Unclassified 5BQ ANNUAL SALARY 100,112.64 105,248.40 110,635.68 116,310.24 122,254.32 128,520.96 HOURLY RATE 48.13 50.60 53.19 55.92 58.78 61.79
PERIOD SALARY 3,850.49 4,048.02 4,255.22 4,473.47 4,702.09 4,943.11 Instrument Repair Technician T&M - B No Non-Exempt Classified 30C1 ANNUAL SALARY 66,421.44 69,835.44 73,424.64 77,199.36 81,166.80 HOURLY RATE 31.93 33.57 35.30 37.12 39.02
PERIOD SALARY 2,554.67 2,685.98 2,824.02 2,969.21 3,121.80 Internal Auditor I UNREP - MW Yes Exempt Unclassified 03V2 ANNUAL SALARY 61,396.32 64,540.56 67,850.40 71,325.60 74,981.28 78,832.80 HOURLY RATE 29.52 31.03 32.62 34.29 36.05 37.90
PERIOD SALARY 2,361.40 2,482.33 2,609.63 2,743.29 2,883.90 3,032.03 Internal Auditor II UNREP - MW Yes Exempt Unclassified 039 ANNUAL SALARY 67,850.40 71,325.60 74,981.28 78,832.80 82,864.56 87,122.16 HOURLY RATE 32.62 34.29 36.05 37.90 39.84 41.89
PERIOD SALARY 2,609.63 2,743.29 2,883.90 3,032.03 3,187.10 3,350.85 Janitor T&M - B No Non-Exempt Classified 3AI ANNUAL SALARY 43,308.48 45,534.24 47,874.96 50,335.44 52,922.88 HOURLY RATE 20.82 21.89 23.02 24.20 25.44
PERIOD SALARY 1,665.71 1,751.32 1,841.34 1,935.98 2,035.50 Junior Engineer SCEA - A No Exempt Classified 1BL1 ANNUAL SALARY - - 84,116.88 88,434.48 92,958.96 97,725.12 HOURLY RATE - - 40.44 42.52 44.69 46.98
PERIOD SALARY - - 3,235.26 3,401.33 3,575.34 3,758.66
Published October 9, 2024; Effective September 22, 2024 Page 16 of 34 EXHIBIT 1 569
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Junior Engineer/Traffic SCEA - A No Exempt Classified 1BL2 ANNUAL SALARY - - 78,957.36 83,010.00 87,256.80 91,730.64 HOURLY RATE - - 37.96 39.91 41.95 44.10
PERIOD SALARY - - 3,036.82 3,192.69 3,356.03 3,528.10
Laboratory Supervisor WATER SUP - MS No Exempt Classified 70H ANNUAL SALARY 89,062.80 93,516.00 98,195.04 103,099.20 108,244.56 113,660.40 HOURLY RATE 42.82 44.96 47.21 49.57 52.04 54.64
PERIOD SALARY 3,425.49 3,596.77 3,776.73 3,965.35 4,163.25 4,371.55 Laboratory Technician O&M - BO No Non-Exempt Classified 31M ANNUAL SALARY 56,229.84 59,031.84 61,988.16 65,082.96 68,346.96 HOURLY RATE 27.03 28.38 29.80 31.29 32.86
PERIOD SALARY 2,162.69 2,270.46 2,384.16 2,503.19 2,628.73 Landfill Scale Operator T&M - B No Non-Exempt Classified 3AD1 ANNUAL SALARY 47,328.00 49,760.40 52,318.32 55,007.76 57,834.96 HOURLY RATE 22.75 23.92 25.15 26.45 27.81
PERIOD SALARY 1,820.31 1,913.86 2,012.24 2,115.68 2,224.42 Legal Secretary UNREP - SP Yes Non-Exempt Unclassified 42H ANNUAL SALARY 57,198.72 60,132.72 63,201.84 66,451.20 69,851.28 73,431.60 HOURLY RATE 27.50 28.91 30.39 31.95 33.58 35.30
PERIOD SALARY 2,199.95 2,312.80 2,430.84 2,555.82 2,686.59 2,824.29 Liability Claims Investigator I UNREP MAN - MV Yes Exempt Unclassified 02O1 ANNUAL SALARY 86,595.84 91,033.68 95,697.36 100,602.00 105,762.00 111,178.32 HOURLY RATE 41.63 43.77 46.01 48.37 50.85 53.45
PERIOD SALARY 3,330.61 3,501.30 3,680.67 3,869.31 4,067.77 4,276.09 Liability Claims Investigator II UNREP MAN - MV Yes Exempt Unclassified 02J1 ANNUAL SALARY 97,623.12 102,633.12 107,898.48 113,419.92 119,226.96 125,350.08 HOURLY RATE 46.93 49.34 51.87 54.53 57.32 60.26
PERIOD SALARY 3,754.74 3,947.43 4,149.94 4,362.30 4,585.65 4,821.16 Librarian I SCEA - A No Non-Exempt Classified 1AJ2 ANNUAL SALARY 58,522.08 61,522.80 64,666.56 67,984.80 71,461.68 75,129.12 HOURLY RATE 28.14 29.58 31.09 32.69 34.36 36.12
PERIOD SALARY 2,250.85 2,366.26 2,487.18 2,614.80 2,748.53 2,889.58 Librarian II SCEA - A No Non-Exempt Classified 1CP ANNUAL SALARY 69,408.00 72,969.84 76,717.20 80,634.00 84,766.32 89,115.12 HOURLY RATE 33.37 35.08 36.88 38.77 40.75 42.84
PERIOD SALARY 2,669.54 2,806.53 2,950.66 3,101.31 3,260.24 3,427.50 Librarian Trainee SCEA - A No Non-Exempt Classified 1AK ANNUAL SALARY 53,199.84 55,924.08 58,790.64 61,800.00 64,967.28 68,293.44 HOURLY RATE 25.58 26.89 28.26 29.71 31.23 32.83
PERIOD SALARY 2,046.15 2,150.93 2,261.18 2,376.92 2,498.74 2,626.67 Library Aide I SCEA - C No Non-Exempt Classified 15T2 ANNUAL SALARY 37,656.96 39,584.40 41,604.72 43,748.16 45,984.24 48,343.44 HOURLY RATE 18.10 19.03 20.00 21.03 22.11 23.24
PERIOD SALARY 1,448.34 1,522.48 1,600.18 1,682.62 1,768.62 1,859.36 Library Aide II SCEA - C No Non-Exempt Classified 15P2 ANNUAL SALARY 41,573.52 43,701.60 45,937.92 48,297.12 50,764.32 53,370.48 HOURLY RATE 19.99 21.01 22.09 23.22 24.41 25.66
PERIOD SALARY 1,598.98 1,680.83 1,766.84 1,857.58 1,952.47 2,052.71 Library Assistant I SCEA - C No Non-Exempt Classified 15K1 ANNUAL SALARY 44,719.44 47,001.60 49,407.36 51,951.84 54,604.08 57,410.64 HOURLY RATE 21.50 22.60 23.75 24.98 26.25 27.60
PERIOD SALARY 1,719.98 1,807.75 1,900.28 1,998.15 2,100.16 2,208.10 Library Assistant II SCEA - C No Non-Exempt Classified 15F ANNUAL SALARY 51,797.76 54,450.00 57,240.96 60,170.88 63,254.88 66,493.20 HOURLY RATE 24.90 26.18 27.52 28.93 30.41 31.97
PERIOD SALARY 1,992.22 2,094.23 2,201.58 2,314.26 2,432.88 2,557.43 Library Building Maintenance Supervisor B&C - MC No Non-Exempt Classified 5AF1 ANNUAL SALARY 58,983.60 62,005.68 65,182.32 68,513.52 72,029.52 75,714.96 HOURLY RATE 28.36 29.81 31.34 32.94 34.63 36.40
PERIOD SALARY 2,268.60 2,384.83 2,507.01 2,635.14 2,770.37 2,912.11 Library Driver/Clerk SCEA - C No Non-Exempt Classified 15Q ANNUAL SALARY 40,586.88 42,668.64 44,842.80 47,140.56 49,561.44 52,105.92 HOURLY RATE 19.51 20.51 21.56 22.66 23.83 25.05
PERIOD SALARY 1,561.03 1,641.10 1,724.72 1,813.10 1,906.21 2,004.07 Published October 9, 2024; Effective September 22, 2024 Page 17 of 34 EXHIBIT 1 570
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Library Manager B&C - MC No Exempt Unclassified 5BB ANNUAL SALARY 87,881.76 92,384.40 97,118.40 102,099.36 107,326.80 112,816.56 HOURLY RATE 42.25 44.42 46.69 49.09 51.60 54.24
PERIOD SALARY 3,380.07 3,553.25 3,735.32 3,926.90 4,127.95 4,339.10 Mail Courier SCEA - C No Non-Exempt Classified 15S1 ANNUAL SALARY 38,643.84 40,617.60 42,699.36 44,889.12 47,186.64 49,607.76 HOURLY RATE 18.58 19.53 20.53 21.58 22.69 23.85
PERIOD SALARY 1,486.30 1,562.22 1,642.28 1,726.50 1,814.87 1,907.99 Maintenance Repair Technician I T&M - B No Non-Exempt Classified 3BJ ANNUAL SALARY 49,897.92 52,463.04 55,159.20 57,994.80 60,975.36 64,110.24 67,404.96 HOURLY RATE 23.99 25.22 26.52 27.88 29.32 30.82 32.41
PERIOD SALARY 1,919.15 2,017.81 2,121.51 2,230.57 2,345.21 2,465.78 2,592.50 Maintenance Repair Technician II T&M - B No Non-Exempt Classified 3BI ANNUAL SALARY 55,869.84 58,741.20 61,760.88 64,934.88 68,273.04 71,769.60 75,471.60 HOURLY RATE 26.86 28.24 29.69 31.22 32.82 34.50 36.28
PERIOD SALARY 2,148.84 2,259.28 2,375.42 2,497.50 2,625.89 2,760.37 2,902.75 Maintenance Worker I T&M - B No Non-Exempt Classified 3AG ANNUAL SALARY 39,771.36 41,815.92 43,964.88 46,225.20 48,600.96 51,099.36 53,725.44 HOURLY RATE 19.12 20.10 21.14 22.22 23.37 24.57 25.83
PERIOD SALARY 1,529.67 1,608.30 1,690.96 1,777.89 1,869.27 1,965.36 2,066.36 Maintenance Worker II T&M - B No Non-Exempt Classified 3AD2 ANNUAL SALARY 47,328.00 49,760.40 52,318.32 55,007.76 57,834.96 HOURLY RATE 22.75 23.92 25.15 26.45 27.81
PERIOD SALARY 1,820.31 1,913.86 2,012.24 2,115.68 2,224.42 Management Assistant (Confidential) UNREP - MW Yes Non-Exempt Unclassified 03C ANNUAL SALARY 77,734.56 81,721.20 85,903.44 90,311.76 94,930.56 99,804.72 HOURLY RATE 37.37 39.29 41.30 43.42 45.64 47.98
PERIOD SALARY 2,989.79 3,143.12 3,303.98 3,473.53 3,651.18 3,838.64 Management Information Systems Manager B&C - MB Yes Exempt Unclassified 04M2 ANNUAL SALARY 85,876.80 90,287.04 94,913.52 99,770.88 104,890.32 110,256.96 HOURLY RATE 41.29 43.41 45.63 47.97 50.43 53.01
PERIOD SALARY 3,302.95 3,472.58 3,650.52 3,837.34 4,034.24 4,240.65 Managing Director of Events and Parking UNREP MAN - MV Yes Exempt Unclassified D02 ANNUAL SALARY 141,041.52 148,262.40 155,770.08 163,818.48 172,092.96 181,029.36 HOURLY RATE 67.81 71.28 74.89 78.76 82.74 87.03
PERIOD SALARY 5,424.67 5,702.40 5,991.16 6,300.71 6,618.96 6,962.67 Materials Specialist T&M - B No Non-Exempt Classified 3AO ANNUAL SALARY 49,563.36 52,110.48 54,789.36 57,605.52 60,566.64 HOURLY RATE 23.83 25.05 26.34 27.70 29.12
PERIOD SALARY 1,906.28 2,004.25 2,107.28 2,215.60 2,329.49 Materials Supervisor B&C - MC No Exempt Unclassified 05S ANNUAL SALARY 80,736.00 84,985.20 89,457.84 94,166.64 99,122.64 104,339.52 HOURLY RATE 38.82 40.86 43.01 45.27 47.66 50.16
PERIOD SALARY 3,105.23 3,268.66 3,440.69 3,621.79 3,812.41 4,013.06 Mayor ELECTED OFFICIALS - EL No Exempt Unclassified 50A ANNUAL SALARY 90,483.60 HOURLY RATE 43.50
PERIOD SALARY 3,480.14
Mayor's Senior Policy Advisor UNREP - MW Yes Exempt Unclassified M031 ANNUAL SALARY 93,596.64 98,396.88 103,432.56 108,740.16 114,300.96 120,170.40 HOURLY RATE 45.00 47.31 49.73 52.28 54.95 57.77
PERIOD SALARY 3,599.87 3,784.50 3,978.18 4,182.31 4,396.19 4,621.94 Mechanic I T&M - B No Non-Exempt Classified 3AV ANNUAL SALARY 57,706.80 60,672.96 63,791.52 67,070.64 70,518.00 HOURLY RATE 27.74 29.17 30.67 32.25 33.90
PERIOD SALARY 2,219.49 2,333.58 2,453.52 2,579.64 2,712.23 Mechanic II (Heavy) T&M - B No Non-Exempt Classified 30N1 ANNUAL SALARY 63,897.84 67,182.24 70,635.60 74,266.32 78,083.28 HOURLY RATE 30.72 32.30 33.96 35.71 37.54
PERIOD SALARY 2,457.61 2,583.93 2,716.75 2,856.40 3,003.20 Published October 9, 2024; Effective September 22, 2024 Page 18 of 34 EXHIBIT 1 571
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Mechanic II (Light) T&M - B No Non-Exempt Classified 30N2 ANNUAL SALARY 63,897.84 67,182.24 70,635.60 74,266.32 78,083.28 HOURLY RATE 30.72 32.30 33.96 35.71 37.54
PERIOD SALARY 2,457.61 2,583.93 2,716.75 2,856.40 3,003.20 Mechanic III (Heavy) T&M - B No Non-Exempt Classified 3AU1 ANNUAL SALARY 70,470.00 74,091.84 77,899.92 81,904.08 86,113.68 HOURLY RATE 33.88 35.62 37.45 39.38 41.40
PERIOD SALARY 2,710.38 2,849.69 2,996.15 3,150.16 3,312.06 Mechanic III (Light) T&M - B No Non-Exempt Classified 3AU2 ANNUAL SALARY 70,470.00 74,091.84 77,899.92 81,904.08 86,113.68 HOURLY RATE 33.88 35.62 37.45 39.38 41.40
PERIOD SALARY 2,710.38 2,849.69 2,996.15 3,150.16 3,312.06 Mechanical Maintenance Apprentice T&M - B No Non-Exempt Classified 30V ANNUAL SALARY 51,018.96 53,641.44 56,398.56 59,297.76 HOURLY RATE 24.53 25.79 27.11 28.51
PERIOD SALARY 1,962.27 2,063.13 2,169.18 2,280.68
Mechanical Maintenance Worker I T&M - B No Non-Exempt Classified 30R ANNUAL SALARY 53,569.92 56,323.44 59,219.04 62,262.00 65,458.32 HOURLY RATE 25.75 27.08 28.47 29.93 31.47
PERIOD SALARY 2,060.38 2,166.29 2,277.66 2,394.69 2,517.63 Mechanical Maintenance Worker II T&M - B No Non-Exempt Classified 30J2 ANNUAL SALARY 59,193.60 62,236.32 65,434.80 68,798.40 72,335.04 HOURLY RATE 28.46 29.92 31.46 33.08 34.78
PERIOD SALARY 2,276.68 2,393.70 2,516.72 2,646.09 2,782.12 Medium Equipment Operator T&M - B No Non-Exempt Classified 30S ANNUAL SALARY 52,506.96 55,206.24 58,043.52 61,027.44 64,164.00 HOURLY RATE 25.24 26.54 27.91 29.34 30.85
PERIOD SALARY 2,019.50 2,123.32 2,232.44 2,347.21 2,467.85 Microbiologist O&M - BO No Exempt Classified 31G ANNUAL SALARY 71,876.64 75,481.20 79,252.80 83,208.00 87,363.36 HOURLY RATE 34.56 36.29 38.10 40.00 42.00
PERIOD SALARY 2,764.49 2,903.12 3,048.18 3,200.31 3,360.13 Micro-Computer Section Supervisor B&C - MC No Exempt Classified 05U ANNUAL SALARY 73,646.16 77,413.92 81,377.76 85,553.52 89,941.20 94,541.04 HOURLY RATE 35.41 37.22 39.12 41.13 43.24 45.45
PERIOD SALARY 2,832.54 2,977.46 3,129.91 3,290.52 3,459.28 3,636.19 Network Support Analyst I SCEA - A No Non-Exempt Classified 1CJ ANNUAL SALARY 68,386.56 71,882.88 75,579.12 79,454.64 83,510.64 87,805.92 HOURLY RATE 32.88 34.56 36.34 38.20 40.15 42.21
PERIOD SALARY 2,630.25 2,764.73 2,906.89 3,055.95 3,211.95 3,377.15 Network Support Analyst II SCEA - A No Non-Exempt Classified 1CI ANNUAL SALARY 84,098.16 88,420.56 92,942.40 97,702.80 102,722.16 107,981.04 HOURLY RATE 40.43 42.51 44.68 46.97 49.39 51.91
PERIOD SALARY 3,234.54 3,400.79 3,574.71 3,757.80 3,950.85 4,153.12 Network Support Services Supervisor B&C - MC No Exempt Unclassified 5BT ANNUAL SALARY 90,936.00 95,601.36 100,494.72 105,648.96 111,048.00 116,741.04 HOURLY RATE 43.72 45.96 48.31 50.79 53.39 56.13
PERIOD SALARY 3,497.54 3,676.98 3,865.18 4,063.42 4,271.08 4,490.04 Occupational Health & Safety Compliance
Specialist WATER SUP - MS No Exempt Classified 70E ANNUAL SALARY 69,615.84 73,177.20 76,930.08 80,876.64 85,016.16 89,366.16 HOURLY RATE 33.47 35.18 36.99 38.88 40.87 42.96
PERIOD SALARY 2,677.53 2,814.51 2,958.85 3,110.64 3,269.85 3,437.16 Office Assistant I SCEA - C No Non-Exempt Classified 15S2 ANNUAL SALARY 39,433.92 41,448.00 43,572.48 45,806.88 48,151.44 50,622.00 HOURLY RATE 18.96 19.93 20.95 22.02 23.15 24.34
PERIOD SALARY 1,516.69 1,594.15 1,675.86 1,761.80 1,851.98 1,947.00 Office Assistant I (Confidential) UNREP - MW No Non-Exempt Classified I03 ANNUAL SALARY 38,643.84 40,617.60 42,699.36 44,889.12 47,186.64 49,607.76 HOURLY RATE 18.58 19.53 20.53 21.58 22.69 23.85
PERIOD SALARY 1,486.30 1,562.22 1,642.28 1,726.50 1,814.87 1,907.99 Published October 9, 2024; Effective September 22, 2024 Page 19 of 34 EXHIBIT 1 572
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Office Assistant I (Grant-funded) UNREP - MW No Non-Exempt Unclassified I031 ANNUAL SALARY 38,643.84 40,617.60 42,699.36 44,889.12 47,186.64 49,607.76 HOURLY RATE 18.58 19.53 20.53 21.58 22.69 23.85
PERIOD SALARY 1,486.30 1,562.22 1,642.28 1,726.50 1,814.87 1,907.99 Office Assistant I (Legal) UNREP - SP No Non-Exempt Classified 42F ANNUAL SALARY 38,643.84 40,617.60 42,699.36 44,889.12 47,186.64 49,607.76 HOURLY RATE 18.58 19.53 20.53 21.58 22.69 23.85
PERIOD SALARY 1,486.30 1,562.22 1,642.28 1,726.50 1,814.87 1,907.99 Office Assistant II SCEA - C No Non-Exempt Classified 15N2 ANNUAL SALARY 43,367.04 45,597.36 47,922.24 50,388.00 52,964.16 55,681.20 HOURLY RATE 20.85 21.92 23.04 24.23 25.46 26.77
PERIOD SALARY 1,667.96 1,753.74 1,843.16 1,938.00 2,037.08 2,141.58 Office Assistant II (Confidential) UNREP - MW No Non-Exempt Classified J03 ANNUAL SALARY 42,576.00 44,765.52 47,048.16 49,469.04 51,998.16 54,666.00 HOURLY RATE 20.47 21.52 22.62 23.78 25.00 26.28
PERIOD SALARY 1,637.54 1,721.75 1,809.54 1,902.66 1,999.93 2,102.54 Office Assistant II (Grant-funded) UNREP - MW No Non-Exempt Unclassified J031 ANNUAL SALARY 42,576.00 44,765.52 47,048.16 49,469.04 51,998.16 54,666.00 HOURLY RATE 20.47 21.52 22.62 23.78 25.00 26.28
PERIOD SALARY 1,637.54 1,721.75 1,809.54 1,902.66 1,999.93 2,102.54 Office Assistant II (Legal) UNREP - SP No Non-Exempt Unclassified 42E ANNUAL SALARY 42,576.00 44,765.52 47,048.16 49,469.04 51,998.16 54,666.00 HOURLY RATE 20.47 21.52 22.62 23.78 25.00 26.28
PERIOD SALARY 1,637.54 1,721.75 1,809.54 1,902.66 1,999.93 2,102.54 Office of Violence Prevention Director UNREP MAN - MA Yes Exempt Unclassified A04 ANNUAL SALARY 168,349.44 176,754.96 185,582.64 194,863.44 204,612.96 214,830.96 HOURLY RATE 80.94 84.98 89.22 93.68 98.37 103.28
PERIOD SALARY 6,474.98 6,798.27 7,137.79 7,494.75 7,869.73 8,262.73 Office Specialist SCEA - C No Non-Exempt Classified 15E1 ANNUAL SALARY 53,000.40 55,714.56 58,567.20 61,574.64 64,719.84 68,035.44 HOURLY RATE 25.48 26.79 28.16 29.60 31.12 32.71
PERIOD SALARY 2,038.48 2,142.87 2,252.58 2,368.26 2,489.22 2,616.75 Office Specialist (Confidential) UNREP - MW No Non-Exempt Classified K031 ANNUAL SALARY 53,000.40 55,714.56 58,567.20 61,574.64 64,719.84 68,035.44 HOURLY RATE 25.48 26.79 28.16 29.60 31.12 32.71
PERIOD SALARY 2,038.48 2,142.87 2,252.58 2,368.26 2,489.22 2,616.75 Office Specialist (Grant-funded) UNREP - MW No Non-Exempt Unclassified K034 ANNUAL SALARY 53,000.40 55,714.56 58,567.20 61,574.64 64,719.84 68,035.44 HOURLY RATE 25.48 26.79 28.16 29.60 31.12 32.71
PERIOD SALARY 2,038.48 2,142.87 2,252.58 2,368.26 2,489.22 2,616.75 Office Specialist (Legal) UNREP - SP No Non-Exempt Classified 42G ANNUAL SALARY 53,000.40 55,714.56 58,567.20 61,574.64 64,719.84 68,035.44 HOURLY RATE 25.48 26.79 28.16 29.60 31.12 32.71
PERIOD SALARY 2,038.48 2,142.87 2,252.58 2,368.26 2,489.22 2,616.75 Office Technician SCEA - C No Non-Exempt Classified 150 ANNUAL SALARY 57,992.64 60,966.72 64,100.64 67,378.08 70,832.16 74,461.68 HOURLY RATE 27.88 29.31 30.82 32.39 34.05 35.80
PERIOD SALARY 2,230.49 2,344.87 2,465.41 2,591.46 2,724.31 2,863.91 Outreach Supervisor UNREP - MW Yes Exempt Unclassified 03G1 ANNUAL SALARY 65,659.92 69,030.48 72,569.28 76,276.80 80,198.64 84,304.08 HOURLY RATE 31.57 33.19 34.89 36.67 38.56 40.53
PERIOD SALARY 2,525.38 2,655.02 2,791.13 2,933.72 3,084.56 3,242.46 Outreach Worker UNREP - MW Yes Non-Exempt Unclassified 03Z ANNUAL SALARY 49,547.04 52,090.56 54,756.24 57,558.48 60,513.36 63,605.76 HOURLY RATE 23.82 25.04 26.33 27.67 29.09 30.58
PERIOD SALARY 1,905.66 2,003.48 2,106.01 2,213.79 2,327.44 2,446.38 Paralegal UNREP - SP Yes Non-Exempt Unclassified 42I ANNUAL SALARY 71,264.88 74,826.72 78,566.40 82,493.04 86,615.76 90,944.64 HOURLY RATE 34.26 35.97 37.77 39.66 41.64 43.72
PERIOD SALARY 2,740.96 2,877.95 3,021.78 3,172.81 3,331.38 3,497.87 Park Aide T&M - B No Non-Exempt Classified 3AB ANNUAL SALARY 29,179.92 30,638.64 32,169.60 33,777.12 35,465.76 HOURLY RATE 14.03 14.73 15.47 16.24 17.05
PERIOD SALARY 1,122.30 1,178.41 1,237.29 1,299.12 1,364.07 Published October 9, 2024; Effective September 22, 2024 Page 20 of 34 EXHIBIT 1 573
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Park Facility Planner B&C - MC No Exempt Classified 5BK ANNUAL SALARY 100,063.68 105,198.48 110,596.08 116,255.52 122,207.52 128,483.52 HOURLY RATE 48.11 50.58 53.17 55.89 58.75 61.77
PERIOD SALARY 3,848.60 4,046.10 4,253.70 4,471.37 4,700.29 4,941.67 Parking District Supervisor B&C - MC No Non-Exempt Unclassified 5CD ANNUAL SALARY 65,119.92 68,461.20 71,957.04 75,653.52 79,520.88 83,604.48 HOURLY RATE 31.31 32.91 34.59 36.37 38.23 40.19
PERIOD SALARY 2,504.61 2,633.12 2,767.58 2,909.75 3,058.50 3,215.56 Parking Enforcement Officer SCEA - C No Non-Exempt Classified 15O ANNUAL SALARY 43,297.44 45,519.60 47,852.64 50,296.80 52,884.00 55,598.16 HOURLY RATE 20.82 21.88 23.01 24.18 25.43 26.73
PERIOD SALARY 1,665.29 1,750.75 1,840.49 1,934.49 2,034.00 2,138.39 Parks Equipment Operator T&M - B No Non-Exempt Classified 30X ANNUAL SALARY 50,555.28 53,153.76 55,885.92 58,758.72 61,778.88 HOURLY RATE 24.31 25.55 26.87 28.25 29.70
PERIOD SALARY 1,944.43 2,044.38 2,149.46 2,259.95 2,376.11 Parks Manager B&C - MB Yes Exempt Unclassified 04H2 ANNUAL SALARY 100,719.36 105,888.00 111,320.40 117,016.80 123,008.40 129,325.68 HOURLY RATE 48.42 50.91 53.52 56.26 59.14 62.18
PERIOD SALARY 3,873.82 4,072.62 4,281.55 4,500.65 4,731.09 4,974.06 Parks Supervisor B&C - MC No Non-Exempt Classified 5AH ANNUAL SALARY 65,112.24 68,449.92 71,955.84 75,631.44 79,510.32 83,592.48 HOURLY RATE 31.30 32.91 34.59 36.36 38.23 40.19
PERIOD SALARY 2,504.32 2,632.69 2,767.53 2,908.90 3,058.09 3,215.10 Payroll Supervisor B&C - MC No Exempt Classified 5CG ANNUAL SALARY 80,736.00 84,985.20 89,457.84 94,166.64 99,122.64 104,339.52 HOURLY RATE 38.82 40.86 43.01 45.27 47.66 50.16
PERIOD SALARY 3,105.23 3,268.66 3,440.69 3,621.79 3,812.41 4,013.06 Plan Check Engineer B&C - MC No Exempt Classified 5AB ANNUAL SALARY 102,379.68 107,625.60 113,145.60 118,938.48 125,022.00 131,430.24 HOURLY RATE 49.22 51.74 54.40 57.18 60.11 63.19
PERIOD SALARY 3,937.68 4,139.45 4,351.75 4,574.56 4,808.54 5,055.01 Plan Checker I SCEA - A No Non-Exempt Classified 10H ANNUAL SALARY 74,820.48 78,644.64 82,684.56 86,910.00 91,366.80 96,054.48 HOURLY RATE 35.97 37.81 39.75 41.78 43.93 46.18
PERIOD SALARY 2,877.71 3,024.79 3,180.18 3,342.69 3,514.11 3,694.40 Plan Checker II SCEA - A No Non-Exempt Classified 10D2 ANNUAL SALARY 82,389.12 86,621.28 91,047.84 95,716.56 100,627.68 105,780.96 HOURLY RATE 39.61 41.64 43.77 46.02 48.38 50.86
PERIOD SALARY 3,168.81 3,331.59 3,501.84 3,681.41 3,870.30 4,068.50 Planning Manager B&C - MB Yes Exempt Unclassified 04C ANNUAL SALARY 117,011.04 123,015.84 129,314.16 135,940.32 142,911.60 150,228.00 HOURLY RATE 56.26 59.14 62.17 65.36 68.71 72.23
PERIOD SALARY 4,500.42 4,731.38 4,973.62 5,228.47 5,496.60 5,778.00 Planning Technician I SCEA - A No Non-Exempt Classified 1CL ANNUAL SALARY 55,170.72 58,001.28 60,972.72 64,084.32 67,372.56 70,836.00 HOURLY RATE 26.52 27.89 29.31 30.81 32.39 34.06
PERIOD SALARY 2,121.95 2,230.82 2,345.10 2,464.78 2,591.25 2,724.46 Planning Technician II SCEA - A No Non-Exempt Classified 1CX ANNUAL SALARY 60,128.40 63,205.44 66,440.16 69,851.28 73,420.32 77,183.04 HOURLY RATE 28.91 30.39 31.94 33.58 35.30 37.11
PERIOD SALARY 2,312.63 2,430.98 2,555.39 2,686.59 2,823.86 2,968.58 Plant Maintenance Machinist O&M - BO No Non-Exempt Classified 31F ANNUAL SALARY 72,050.40 75,651.36 79,434.48 83,400.48 87,582.24 HOURLY RATE 34.64 36.37 38.19 40.10 42.11
PERIOD SALARY 2,771.17 2,909.67 3,055.17 3,207.71 3,368.55 Plant Maintenance Mechanic (Entry Level) O&M - BO No Non-Exempt Classified 31I1 ANNUAL SALARY 73,794.00 77,488.08 HOURLY RATE 35.48 37.25
PERIOD SALARY 2,838.23 2,980.31
Published October 9, 2024; Effective September 22, 2024 Page 21 of 34 EXHIBIT 1 574
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Plant Maintenance Mechanic (Journey Level) O&M - BO No Non-Exempt Classified 31I2 ANNUAL SALARY - - 81,360.96 85,429.92 HOURLY RATE - - 39.12 41.07
PERIOD SALARY - - 3,129.27 3,285.77
Plant Maintenance Supervisor WATER SUP - MS No Non-Exempt Unclassified 70J ANNUAL SALARY 83,491.20 87,754.56 92,262.72 96,978.96 101,958.96 107,184.24 HOURLY RATE 40.14 42.19 44.36 46.62 49.02 51.53
PERIOD SALARY 3,211.20 3,375.18 3,548.57 3,729.96 3,921.50 4,122.47 Plant Maintenance Worker O&M - BO No Non-Exempt Classified 31Q ANNUAL SALARY 52,982.16 55,644.72 58,420.80 61,330.80 64,411.44 HOURLY RATE 25.47 26.75 28.09 29.49 30.97
PERIOD SALARY 2,037.78 2,140.18 2,246.95 2,358.88 2,477.36 Plant Operations Supervisor WATER SUP - MS No Non-Exempt Unclassified 3BT ANNUAL SALARY 95,278.08 100,290.00 105,558.96 111,121.44 116,977.68 123,127.68 HOURLY RATE 45.81 48.22 50.75 53.42 56.24 59.20
PERIOD SALARY 3,664.54 3,857.31 4,059.96 4,273.90 4,499.14 4,735.68 Plant Operator (Entry Level) O&M - BO No Non-Exempt Classified 31L ANNUAL SALARY 63,948.24 67,135.44 70,494.72 HOURLY RATE 30.74 32.28 33.89
PERIOD SALARY 2,459.55 2,582.13 2,711.34
Plant Operator (Journey Level) O&M - BO No Non-Exempt Classified 31L1 ANNUAL SALARY - - - 74,026.32 77,712.72 81,606.24 HOURLY RATE - - - 35.59 37.36 39.23
PERIOD SALARY - - - 2,847.17 2,988.95 3,138.70
Plant Operator Apprentice T&M - B No Non-Exempt Classified 3AH ANNUAL SALARY 52,090.32 54,768.00 57,582.96 60,542.64 63,654.48 HOURLY RATE 25.04 26.33 27.68 29.11 30.60
PERIOD SALARY 2,003.47 2,106.46 2,214.73 2,328.56 2,448.25 Plant Operator-in-Training O&M - BO No Non-Exempt Classified 31P ANNUAL SALARY 61,158.24 64,301.76 67,607.04 71,081.76 74,735.52 HOURLY RATE 29.40 30.91 32.50 34.17 35.93
PERIOD SALARY 2,352.24 2,473.14 2,600.27 2,733.91 2,874.44 Police Captain SPMA - MP No Exempt Classified 07B ANNUAL SALARY 161,538.48 169,809.36 178,509.36 187,658.40 197,277.12 207,365.76 HOURLY RATE 77.66 81.64 85.82 90.22 94.84 99.70
PERIOD SALARY 6,213.02 6,531.13 6,865.74 7,217.63 7,587.58 7,975.61 Police Court Coordinator SCEA - A No Non-Exempt Classified 1CB ANNUAL SALARY 63,205.20 66,443.52 69,852.96 73,432.80 77,182.56 81,137.52 HOURLY RATE 30.39 31.94 33.58 35.30 37.11 39.01
PERIOD SALARY 2,430.97 2,555.52 2,686.65 2,824.34 2,968.56 3,120.67 Police Lieutenant SPMA - MP No Exempt Classified 07C ANNUAL SALARY 140,013.84 147,202.08 154,738.08 162,661.92 170,993.76 179,754.96 HOURLY RATE 67.31 70.77 74.39 78.20 82.21 86.42
PERIOD SALARY 5,385.15 5,661.62 5,951.46 6,256.23 6,576.68 6,913.65 Police Officer SPOA - P No Non-Exempt Classified 25D ANNUAL SALARY 89,715.36 94,325.28 99,183.36 104,265.84 109,641.84 115,264.56 HOURLY RATE 43.13 45.35 47.68 50.13 52.71 55.42
PERIOD SALARY 3,450.59 3,627.90 3,814.74 4,010.22 4,216.99 4,433.25 Police Officer Recruit SPOA - P No Non-Exempt Classified 25C1 ANNUAL SALARY 76,074.96 HOURLY RATE 36.57
PERIOD SALARY 2,925.96
Police Officer Trainee SPOA - P No Non-Exempt Classified 25C2 ANNUAL SALARY 76,074.96 HOURLY RATE 36.57
PERIOD SALARY 2,925.96
Police Planning Analyst B&C - MC No Non-Exempt Classified 05I ANNUAL SALARY 79,678.08 83,764.08 88,050.96 92,569.44 97,303.68 102,299.52 HOURLY RATE 38.31 40.27 42.33 44.50 46.78 49.18
PERIOD SALARY 3,064.54 3,221.70 3,386.58 3,560.36 3,742.45 3,934.60 Published October 9, 2024; Effective September 22, 2024 Page 22 of 34 EXHIBIT 1 575
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Police Records Assistant I SCEA - C No Non-Exempt Classified 15R ANNUAL SALARY 45,431.76 47,749.92 50,210.16 52,776.00 55,484.16 58,316.16 HOURLY RATE 21.84 22.96 24.14 25.37 26.68 28.04
PERIOD SALARY 1,747.38 1,836.54 1,931.16 2,029.85 2,134.01 2,242.93 Police Records Assistant II SCEA - C No Non-Exempt Classified 155 ANNUAL SALARY 49,749.84 52,308.72 54,975.36 57,804.48 60,759.60 63,876.48 HOURLY RATE 23.92 25.15 26.43 27.79 29.21 30.71
PERIOD SALARY 1,913.46 2,011.87 2,114.44 2,223.25 2,336.91 2,456.79 Police Records Assistant III SCEA - C No Non-Exempt Classified 15W ANNUAL SALARY 54,755.04 57,551.28 60,513.36 63,604.80 66,879.60 70,301.76 HOURLY RATE 26.32 27.67 29.09 30.58 32.15 33.80
PERIOD SALARY 2,105.96 2,213.51 2,327.44 2,446.34 2,572.29 2,703.91 Police Records Supervisor B&C - MC No Non-Exempt Classified 5CH ANNUAL SALARY 67,928.88 71,407.92 75,069.84 78,914.64 82,959.60 87,220.80 HOURLY RATE 32.66 34.33 36.09 37.94 39.88 41.93
PERIOD SALARY 2,612.65 2,746.46 2,887.30 3,035.18 3,190.75 3,354.65 Police Sergeant SPOA - P No Non-Exempt Classified 25A ANNUAL SALARY 108,145.68 113,718.00 119,542.80 125,688.72 132,155.28 138,943.20 HOURLY RATE 51.99 54.67 57.47 60.43 63.54 66.80
PERIOD SALARY 4,159.45 4,373.77 4,597.80 4,834.18 5,082.90 5,343.97 Police Services Administrator UNREP MAN - MV Yes Exempt Classified 0233 ANNUAL SALARY 159,985.44 168,176.64 176,792.88 185,853.84 195,380.16 205,371.60 HOURLY RATE 76.92 80.85 85.00 89.35 93.93 98.74
PERIOD SALARY 6,153.29 6,468.33 6,799.73 7,148.22 7,514.62 7,898.91 Police Services Manager B&C - MB No Exempt Classified 04W ANNUAL SALARY 105,821.04 111,251.52 116,958.96 122,944.08 129,238.80 135,876.24 HOURLY RATE 50.88 53.49 56.23 59.11 62.13 65.33
PERIOD SALARY 4,070.04 4,278.90 4,498.42 4,728.62 4,970.72 5,226.01 Police Telecommunications Supervisor B&C - MC No Non-Exempt Classified 5AW ANNUAL SALARY 91,383.36 96,071.52 100,976.40 106,159.20 111,598.32 117,314.88 HOURLY RATE 43.93 46.19 48.55 51.04 53.65 56.40
PERIOD SALARY 3,514.74 3,695.06 3,883.71 4,083.05 4,292.24 4,512.11 Police Telecommunicator Call Taker SCEA - C No Non-Exempt Classified E15 ANNUAL SALARY 55,471.68 58,310.16 61,294.80 64,441.20 67,734.00 71,204.88 HOURLY RATE 26.67 28.03 29.47 30.98 32.56 34.23
PERIOD SALARY 2,133.53 2,242.70 2,357.49 2,478.51 2,605.15 2,738.65 Police Telecommunicator I SCEA - C No Non-Exempt Classified 158 ANNUAL SALARY 72,373.44 76,082.16 79,986.00 84,084.72 88,378.80 92,907.12 HOURLY RATE 34.79 36.58 38.45 40.43 42.49 44.67
PERIOD SALARY 2,783.59 2,926.24 3,076.38 3,234.03 3,399.18 3,573.35 Police Telecommunicator II SCEA - C No Non-Exempt Classified 159 ANNUAL SALARY 79,995.60 84,100.08 88,409.76 92,924.40 97,685.76 102,693.36 HOURLY RATE 38.46 40.43 42.50 44.68 46.96 49.37
PERIOD SALARY 3,076.75 3,234.62 3,400.38 3,574.02 3,757.14 3,949.74 Principal Civil Engineer B&C - MB Yes Exempt Unclassified 04V ANNUAL SALARY 133,640.16 140,492.88 147,694.56 155,263.92 163,217.76 171,590.88 HOURLY RATE 64.25 67.54 71.01 74.65 78.47 82.50
PERIOD SALARY 5,140.01 5,403.57 5,680.56 5,971.69 6,277.61 6,599.65 Principal Economic Development Analyst UNREP MAN - MV Yes Exempt Unclassified 02F1 ANNUAL SALARY 86,595.84 91,033.68 95,697.36 100,602.00 105,762.00 111,178.32 HOURLY RATE 41.63 43.77 46.01 48.37 50.85 53.45
PERIOD SALARY 3,330.61 3,501.30 3,680.67 3,869.31 4,067.77 4,276.09 Procurement Manager B&C - MB Yes Exempt Unclassified 4AH ANNUAL SALARY 112,997.76 118,644.96 124,574.64 130,800.96 137,338.32 144,202.32 HOURLY RATE 54.33 57.04 59.89 62.89 66.03 69.33
PERIOD SALARY 4,346.07 4,563.27 4,791.33 5,030.81 5,282.24 5,546.24 Procurement Officer UNREP MAN - MA Yes Exempt Unclassified 01C1 ANNUAL SALARY 148,790.16 156,300.24 164,120.16 172,404.72 181,074.00 190,169.76 HOURLY RATE 71.53 75.14 78.90 82.89 87.05 91.43
PERIOD SALARY 5,722.70 6,011.55 6,312.31 6,630.95 6,964.38 7,314.22 Procurement Specialist I SCEA - A No Non-Exempt Classified 1AN ANNUAL SALARY 56,461.68 59,355.60 62,394.00 65,591.76 68,949.84 72,483.84 HOURLY RATE 27.15 28.54 30.00 31.53 33.15 34.85
PERIOD SALARY 2,171.60 2,282.91 2,399.77 2,522.76 2,651.92 2,787.84 Published October 9, 2024; Effective September 22, 2024 Page 23 of 34 EXHIBIT 1 576
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Procurement Specialist II SCEA - A No Non-Exempt Classified 1CM ANNUAL SALARY 62,329.92 65,527.44 68,885.76 72,403.44 76,113.60 80,014.80 HOURLY RATE 29.97 31.50 33.12 34.81 36.59 38.47
PERIOD SALARY 2,397.30 2,520.29 2,649.45 2,784.75 2,927.45 3,077.49 Program Manager I B&C - MC No Exempt Classified 5AQ ANNUAL SALARY 87,020.64 91,470.96 96,157.44 101,096.88 106,272.24 111,717.36 HOURLY RATE 41.84 43.98 46.23 48.60 51.09 53.71
PERIOD SALARY 3,346.95 3,518.11 3,698.36 3,888.34 4,087.39 4,296.82 Program Manager II B&C - MC No Exempt Unclassified 5AP ANNUAL SALARY 97,034.16 102,007.44 107,233.20 112,728.96 118,511.04 124,579.68 HOURLY RATE 46.65 49.04 51.55 54.20 56.98 59.89
PERIOD SALARY 3,732.08 3,923.36 4,124.35 4,335.73 4,558.12 4,791.53 Program Manager II (Confidential) UNREP - MW Yes Exempt Unclassified L03 ANNUAL SALARY 97,034.16 102,007.44 107,233.20 112,728.96 118,511.04 124,579.68 HOURLY RATE 46.65 49.04 51.55 54.20 56.98 59.89
PERIOD SALARY 3,732.08 3,923.36 4,124.35 4,335.73 4,558.12 4,791.53 Program Manager III UNREP MAN - MV Yes Exempt Unclassified 02J2 ANNUAL SALARY 97,623.12 102,633.12 107,898.48 113,419.92 119,226.96 125,350.08 HOURLY RATE 46.93 49.34 51.87 54.53 57.32 60.26
PERIOD SALARY 3,754.74 3,947.43 4,149.94 4,362.30 4,585.65 4,821.16 Project Manager I SCEA - A No Non-Exempt Classified 1BD ANNUAL SALARY 70,601.28 74,230.56 78,034.08 82,026.00 86,239.68 90,658.08 HOURLY RATE 33.94 35.69 37.52 39.44 41.46 43.59
PERIOD SALARY 2,715.43 2,855.02 3,001.31 3,154.85 3,316.91 3,486.85 Project Manager II SCEA - A No Exempt Classified 1BK ANNUAL SALARY 74,230.56 78,034.08 82,026.00 86,239.68 90,658.08 95,297.52 HOURLY RATE 35.69 37.52 39.44 41.46 43.59 45.82
PERIOD SALARY 2,855.02 3,001.31 3,154.85 3,316.91 3,486.85 3,665.29 Project Manager III SCEA - A No Exempt Classified 1BJ ANNUAL SALARY 78,034.08 82,026.00 86,239.68 90,658.08 95,297.52 100,173.60 HOURLY RATE 37.52 39.44 41.46 43.59 45.82 48.16
PERIOD SALARY 3,001.31 3,154.85 3,316.91 3,486.85 3,665.29 3,852.83 Property Clerk SCEA - C No Non-Exempt Classified 151 ANNUAL SALARY 53,393.28 56,139.60 59,001.60 62,037.60 65,208.96 68,554.56 HOURLY RATE 25.67 26.99 28.37 29.83 31.35 32.96
PERIOD SALARY 2,053.59 2,159.22 2,269.29 2,386.06 2,508.04 2,636.71 Property Room Supervisor B&C - MC No Non-Exempt Classified 5CC ANNUAL SALARY 76,513.92 80,432.64 84,557.28 88,888.08 93,444.00 98,243.52 HOURLY RATE 36.79 38.67 40.65 42.73 44.93 47.23
PERIOD SALARY 2,942.84 3,093.56 3,252.20 3,418.77 3,594.00 3,778.60 Public Information Officer I UNREP - MW Yes Non-Exempt Unclassified 03G2 ANNUAL SALARY 68,693.76 72,220.08 75,922.32 79,800.96 83,904.24 88,199.28 HOURLY RATE 33.03 34.72 36.50 38.37 40.34 42.40
PERIOD SALARY 2,642.07 2,777.70 2,920.09 3,069.27 3,227.09 3,392.28 Public Information Officer II UNREP - MW Yes Exempt Unclassified M032 ANNUAL SALARY 93,596.64 98,396.88 103,432.56 108,740.16 114,300.96 120,170.40 HOURLY RATE 45.00 47.31 49.73 52.28 54.95 57.77
PERIOD SALARY 3,599.87 3,784.50 3,978.18 4,182.31 4,396.19 4,621.94 Public Safety Information Systems Analyst SCEA - A No Non-Exempt Classified 11A ANNUAL SALARY 94,102.56 98,935.44 103,993.92 109,334.88 114,938.88 120,824.88 HOURLY RATE 45.24 47.57 50.00 52.56 55.26 58.09
PERIOD SALARY 3,619.33 3,805.21 3,999.77 4,205.19 4,420.73 4,647.11 Public Works Field Specialist SCEA - A No Non-Exempt Classified 1CS ANNUAL SALARY 66,451.20 69,851.28 73,431.60 77,193.12 81,149.52 85,301.76 HOURLY RATE 31.95 33.58 35.30 37.11 39.01 41.01
PERIOD SALARY 2,555.82 2,686.59 2,824.29 2,968.97 3,121.14 3,280.84 Public Works Heavy Equipment Operator T&M - B No Non-Exempt Classified 3BA1 ANNUAL SALARY 67,754.64 71,237.28 74,898.96 78,748.80 82,796.40 HOURLY RATE 32.57 34.25 36.01 37.86 39.81
PERIOD SALARY 2,605.95 2,739.90 2,880.73 3,028.80 3,184.48 Public Works Inspector SCEA - A No Non-Exempt Classified 1CE ANNUAL SALARY 73,810.80 77,587.92 81,564.96 85,742.64 90,137.28 94,749.60 HOURLY RATE 35.49 37.30 39.21 41.22 43.34 45.55
PERIOD SALARY 2,838.88 2,984.15 3,137.11 3,297.79 3,466.82 3,644.22 Published October 9, 2024; Effective September 22, 2024 Page 24 of 34 EXHIBIT 1 577
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Public Works Maintenance Worker I T&M - B No Non-Exempt Classified 3AJ ANNUAL SALARY 41,944.80 44,100.72 46,367.52 48,750.72 51,256.56 53,891.04 56,661.36 HOURLY RATE 20.17 21.20 22.29 23.44 24.64 25.91 27.24
PERIOD SALARY 1,613.26 1,696.18 1,783.37 1,875.03 1,971.41 2,072.73 2,179.28 Public Works Maintenance Worker II T&M - B No Non-Exempt Classified 3AF ANNUAL SALARY 51,078.96 53,703.84 56,464.56 59,366.88 62,418.00 HOURLY RATE 24.56 25.82 27.15 28.54 30.01
PERIOD SALARY 1,964.58 2,065.53 2,171.71 2,283.34 2,400.69 Public Works Safety/Training Officer T&M - B No Non-Exempt Classified 3BA2 ANNUAL SALARY 67,754.64 71,237.28 74,898.96 78,748.80 82,796.40 HOURLY RATE 32.57 34.25 36.01 37.86 39.81
PERIOD SALARY 2,605.95 2,739.90 2,880.73 3,028.80 3,184.48 Public Works Supervisor B&C - MC No Non-Exempt Classified 5AL ANNUAL SALARY 91,919.76 96,636.48 101,583.36 106,794.96 112,272.00 118,013.28 HOURLY RATE 44.19 46.46 48.84 51.34 53.98 56.74
PERIOD SALARY 3,535.38 3,716.79 3,907.05 4,107.50 4,318.15 4,538.97 Public Works Supervisor/Electrical B&C - MC No Non-Exempt Classified 5BM ANNUAL SALARY 86,910.00 91,366.80 96,054.48 100,973.76 106,154.88 111,582.72 HOURLY RATE 41.78 43.93 46.18 48.55 51.04 53.65
PERIOD SALARY 3,342.69 3,514.11 3,694.40 3,883.61 4,082.88 4,291.64 Quality Improvement Coordinator B&C - MC No Exempt Classified 5CE ANNUAL SALARY 97,623.12 102,633.12 107,898.48 113,419.92 119,226.96 125,350.08 HOURLY RATE 46.93 49.34 51.87 54.53 57.32 60.26
PERIOD SALARY 3,754.74 3,947.43 4,149.94 4,362.30 4,585.65 4,821.16 Real Property Agent I SCEA - A No Non-Exempt Classified 1AI ANNUAL SALARY 68,870.88 72,396.00 76,106.64 80,003.04 84,103.20 88,407.60 HOURLY RATE 33.11 34.81 36.59 38.46 40.43 42.50
PERIOD SALARY 2,648.88 2,784.46 2,927.18 3,077.04 3,234.74 3,400.29 Real Property Agent II SCEA - A No Non-Exempt Classified 10U ANNUAL SALARY 75,623.76 79,496.40 83,578.56 87,854.16 92,356.80 97,105.20 HOURLY RATE 36.36 38.22 40.18 42.24 44.40 46.69
PERIOD SALARY 2,908.61 3,057.55 3,214.56 3,379.01 3,552.18 3,734.82 Records Research Specialist UNREP - MW Yes Non-Exempt Unclassified 03M2 ANNUAL SALARY 55,086.48 57,907.44 60,872.40 63,997.92 67,267.44 70,713.36 HOURLY RATE 26.48 27.84 29.27 30.77 32.34 34.00
PERIOD SALARY 2,118.71 2,227.21 2,341.25 2,461.46 2,587.21 2,719.74 Records Specialist SCEA - C No Non-Exempt Classified 15E2 ANNUAL SALARY 53,000.40 55,714.56 58,567.20 61,574.64 64,719.84 68,035.44 HOURLY RATE 25.48 26.79 28.16 29.60 31.12 32.71
PERIOD SALARY 2,038.48 2,142.87 2,252.58 2,368.26 2,489.22 2,616.75 Recreation Assistant I SCEA - C No Non-Exempt Classified 15P3 ANNUAL SALARY 44,290.32 46,557.60 48,939.84 51,453.36 54,081.60 56,858.16 HOURLY RATE 21.29 22.38 23.53 24.74 26.00 27.34
PERIOD SALARY 1,703.47 1,790.68 1,882.30 1,978.98 2,080.06 2,186.85 Recreation Assistant II SCEA - C No Non-Exempt Classified 15K2 ANNUAL SALARY 47,641.68 50,073.12 52,635.84 55,346.88 58,172.40 61,162.32 HOURLY RATE 22.90 24.07 25.31 26.61 27.97 29.41
PERIOD SALARY 1,832.37 1,925.89 2,024.46 2,128.73 2,237.40 2,352.40 Recreation Manager B&C - MB Yes Exempt Unclassified 04H3 ANNUAL SALARY 100,719.36 105,888.00 111,320.40 117,016.80 123,008.40 129,325.68 HOURLY RATE 48.42 50.91 53.52 56.26 59.14 62.18
PERIOD SALARY 3,873.82 4,072.62 4,281.55 4,500.65 4,731.09 4,974.06 Recreation Program Coordinator SCEA - A No Non-Exempt Classified 1BT ANNUAL SALARY 60,402.24 63,501.84 66,755.28 70,178.88 73,771.68 77,549.76 HOURLY RATE 29.04 30.53 32.09 33.74 35.47 37.28
PERIOD SALARY 2,323.16 2,442.38 2,567.51 2,699.19 2,837.37 2,982.68 Recreation Supervisor B&C - MC No Non-Exempt Classified 5CA ANNUAL SALARY 71,963.28 75,658.80 79,529.04 83,605.20 87,903.60 92,392.32 HOURLY RATE 34.60 36.37 38.24 40.19 42.26 44.42
PERIOD SALARY 2,767.82 2,909.95 3,058.81 3,215.58 3,380.91 3,553.55 Recycling Specialist SCEA - A No Non-Exempt Classified 1AW ANNUAL SALARY 63,501.84 66,755.28 70,178.88 73,771.68 77,549.76 81,528.24 HOURLY RATE 30.53 32.09 33.74 35.47 37.28 39.20
PERIOD SALARY 2,442.38 2,567.51 2,699.19 2,837.37 2,982.68 3,135.70 Published October 9, 2024; Effective September 22, 2024 Page 25 of 34 EXHIBIT 1 578
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Regulatory Compliance Officer WATER SUP - MS No Exempt Classified 70A ANNUAL SALARY 86,851.20 91,304.64 95,983.20 100,902.72 106,078.32 111,509.04 HOURLY RATE 41.76 43.90 46.15 48.51 51.00 53.61
PERIOD SALARY 3,340.43 3,511.72 3,691.66 3,880.87 4,079.94 4,288.81 Reprographics/Mailroom Supervisor B&C - MC No Non-Exempt Classified 5AE ANNUAL SALARY 62,607.36 65,814.72 69,192.00 72,738.72 76,470.48 80,387.28 HOURLY RATE 30.10 31.64 33.27 34.97 36.76 38.65
PERIOD SALARY 2,407.98 2,531.34 2,661.23 2,797.64 2,941.17 3,091.82 Reprographics/Mailroom Technician I SCEA - C No Non-Exempt Classified 15S3 ANNUAL SALARY 41,169.12 43,271.76 45,489.84 47,822.40 50,270.16 52,849.44 HOURLY RATE 19.79 20.80 21.87 22.99 24.17 25.41
PERIOD SALARY 1,583.43 1,664.30 1,749.61 1,839.32 1,933.47 2,032.67 Reprographics/Mailroom Technician II SCEA - C No Non-Exempt Classified 15K3 ANNUAL SALARY 45,541.92 47,866.08 50,316.00 52,907.28 55,608.24 58,466.40 HOURLY RATE 21.90 23.01 24.19 25.44 26.73 28.11
PERIOD SALARY 1,751.61 1,841.00 1,935.23 2,034.90 2,138.78 2,248.71 Revenue Assistant I SCEA - C No Non-Exempt Classified 15Z ANNUAL SALARY 44,179.92 46,446.72 48,821.04 51,334.80 53,956.56 56,716.80 HOURLY RATE 21.24 22.33 23.47 24.68 25.94 27.27
PERIOD SALARY 1,699.23 1,786.41 1,877.73 1,974.42 2,075.25 2,181.42 Revenue Assistant II SCEA - C No Non-Exempt Classified 15G ANNUAL SALARY 47,094.00 49,515.36 52,044.24 54,712.08 57,518.88 60,463.68 HOURLY RATE 22.64 23.81 25.02 26.30 27.65 29.07
PERIOD SALARY 1,811.31 1,904.44 2,001.70 2,104.31 2,212.26 2,325.53 Revenue Collector SCEA - C No Non-Exempt Classified 15D1 ANNUAL SALARY 54,388.32 57,179.52 60,109.20 63,193.20 66,431.52 69,823.92 HOURLY RATE 26.15 27.49 28.90 30.38 31.94 33.57
PERIOD SALARY 2,091.86 2,199.21 2,311.89 2,430.51 2,555.06 2,685.54 Revenue Officer B&C - MB Yes Exempt Unclassified 4AI ANNUAL SALARY 120,286.32 126,617.28 133,281.36 140,296.08 147,680.16 155,452.80 HOURLY RATE 57.83 60.87 64.08 67.45 71.00 74.74
PERIOD SALARY 4,626.40 4,869.90 5,126.21 5,396.00 5,680.01 5,978.95 Revenue Supervisor B&C - MC No Non-Exempt Classified 5BJ ANNUAL SALARY 69,162.96 72,711.36 76,423.92 80,350.56 84,457.44 88,794.72 HOURLY RATE 33.25 34.96 36.74 38.63 40.60 42.69
PERIOD SALARY 2,660.11 2,796.59 2,939.38 3,090.41 3,248.36 3,415.18 Risk Analyst I UNREP - MW Yes Non-Exempt Unclassified 03N2 ANNUAL SALARY 65,616.72 68,966.40 72,508.56 76,226.88 80,121.60 84,240.48 HOURLY RATE 31.55 33.16 34.86 36.65 38.52 40.50
PERIOD SALARY 2,523.72 2,652.55 2,788.79 2,931.80 3,081.60 3,240.02 Risk Analyst II UNREP - MW Yes Exempt Unclassified Q032 ANNUAL SALARY 82,590.72 86,838.24 91,290.72 95,964.00 100,890.24 106,053.36 HOURLY RATE 39.71 41.75 43.89 46.14 48.50 50.99
PERIOD SALARY 3,176.57 3,339.93 3,511.18 3,690.92 3,880.39 4,078.98 Risk Manager/Safety Officer UNREP MAN - MV Yes Exempt Unclassified 02T ANNUAL SALARY 107,283.84 112,646.16 118,276.32 124,187.28 130,394.16 136,911.12 HOURLY RATE 51.58 54.16 56.86 59.71 62.69 65.82
PERIOD SALARY 4,126.30 4,332.54 4,549.09 4,776.43 5,015.16 5,265.81 Risk/Loss Control Officer B&C - MC No Non-Exempt Unclassified 5BX ANNUAL SALARY 82,596.00 86,832.48 91,284.72 95,970.00 100,888.80 106,058.88 HOURLY RATE 39.71 41.75 43.89 46.14 48.50 50.99
PERIOD SALARY 3,176.77 3,339.71 3,510.95 3,691.15 3,880.34 4,079.19 Risk/Loss Control Specialist UNREP - MW Yes Non-Exempt Unclassified 0372 ANNUAL SALARY 53,061.60 55,784.64 58,643.52 61,652.16 64,811.04 68,121.12 HOURLY RATE 25.51 26.82 28.19 29.64 31.16 32.75
PERIOD SALARY 2,040.83 2,145.56 2,255.52 2,371.24 2,492.73 2,620.04 Secretary SCEA - C No Non-Exempt Classified 15E3 ANNUAL SALARY 53,000.40 55,714.56 58,567.20 61,574.64 64,719.84 68,035.44 HOURLY RATE 25.48 26.79 28.16 29.60 31.12 32.71
PERIOD SALARY 2,038.48 2,142.87 2,252.58 2,368.26 2,489.22 2,616.75 Secretary (Confidential) UNREP - MW No Non-Exempt Classified K032 ANNUAL SALARY 53,000.40 55,714.56 58,567.20 61,574.64 64,719.84 68,035.44 HOURLY RATE 25.48 26.79 28.16 29.60 31.12 32.71
PERIOD SALARY 2,038.48 2,142.87 2,252.58 2,368.26 2,489.22 2,616.75 Published October 9, 2024; Effective September 22, 2024 Page 26 of 34 EXHIBIT 1 579
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Secretary (Grant-funded) UNREP - MW No Non-Exempt Unclassified K035 ANNUAL SALARY 53,000.40 55,714.56 58,567.20 61,574.64 64,719.84 68,035.44 HOURLY RATE 25.48 26.79 28.16 29.60 31.12 32.71
PERIOD SALARY 2,038.48 2,142.87 2,252.58 2,368.26 2,489.22 2,616.75 Senior Accountant SCEA - A No Non-Exempt Classified 1BO ANNUAL SALARY 87,222.48 91,675.92 96,380.88 101,319.36 106,509.36 111,968.40 HOURLY RATE 41.93 44.08 46.34 48.71 51.21 53.83
PERIOD SALARY 3,354.71 3,526.00 3,706.96 3,896.90 4,096.51 4,306.48 Senior Administrative Analyst B&C - MC No Exempt Classified 5BU ANNUAL SALARY 93,596.64 98,396.88 103,432.56 108,740.16 114,300.96 120,170.40 HOURLY RATE 45.00 47.31 49.73 52.28 54.95 57.77
PERIOD SALARY 3,599.87 3,784.50 3,978.18 4,182.31 4,396.19 4,621.94 Senior Administrative Analyst (Confidential) UNREP - MW No Exempt Classified M033 ANNUAL SALARY 93,596.64 98,396.88 103,432.56 108,740.16 114,300.96 120,170.40 HOURLY RATE 45.00 47.31 49.73 52.28 54.95 57.77
PERIOD SALARY 3,599.87 3,784.50 3,978.18 4,182.31 4,396.19 4,621.94 Senior Administrative Analyst (Grant-funded) UNREP - MW No Exempt Unclassified M034 ANNUAL SALARY 93,596.64 98,396.88 103,432.56 108,740.16 114,300.96 120,170.40 HOURLY RATE 45.00 47.31 49.73 52.28 54.95 57.77
PERIOD SALARY 3,599.87 3,784.50 3,978.18 4,182.31 4,396.19 4,621.94 Senior Animal Services Officer SCEA - C No Non-Exempt Classified 15C ANNUAL SALARY 59,043.36 62,056.08 65,249.04 68,589.12 72,093.12 75,793.44 HOURLY RATE 28.39 29.83 31.37 32.98 34.66 36.44
PERIOD SALARY 2,270.90 2,386.77 2,509.58 2,638.04 2,772.81 2,915.13 Senior Budget Analyst (Confidential) UNREP MAN - MV Yes Exempt Unclassified 029 ANNUAL SALARY 102,400.56 107,520.72 112,896.48 118,541.76 124,468.56 130,692.00 HOURLY RATE 49.23 51.69 54.28 56.99 59.84 62.83
PERIOD SALARY 3,938.48 4,135.41 4,342.17 4,559.30 4,787.25 5,026.62 Senior Civil Engineer B&C - MC No Exempt Classified 05A2 ANNUAL SALARY 117,766.80 123,801.36 130,140.72 136,817.52 143,815.20 151,185.12 HOURLY RATE 56.62 59.52 62.57 65.78 69.14 72.69
PERIOD SALARY 4,529.49 4,761.59 5,005.41 5,262.21 5,531.35 5,814.81 Senior Code Enforcement Officer SCEA - A No Non-Exempt Classified 1CO ANNUAL SALARY 73,983.60 77,776.80 81,761.28 85,954.80 90,356.64 94,985.04 HOURLY RATE 35.57 37.39 39.31 41.32 43.44 45.67
PERIOD SALARY 2,845.52 2,991.42 3,144.66 3,305.95 3,475.26 3,653.27 Senior Collection Systems Operator O&M - BO No Non-Exempt Classified 31X ANNUAL SALARY - - - - - - 77,244.48 81,093.84 HOURLY RATE - - - - - - 37.14 38.99
PERIOD SALARY - - - - - - 2,970.94 3,118.99
Senior Collection Systems Supervisor WATER SUP - MS No Exempt Classified 70C ANNUAL SALARY 88,317.12 92,831.28 97,598.16 102,600.24 107,854.32 113,380.08 HOURLY RATE 42.46 44.63 46.92 49.33 51.85 54.51
PERIOD SALARY 3,396.81 3,570.43 3,753.78 3,946.16 4,148.24 4,360.77 Senior Combination Inspector SCEA - A No Non-Exempt Classified 10J1 ANNUAL SALARY 76,358.16 80,268.24 84,375.36 88,695.84 93,246.48 98,026.80 HOURLY RATE 36.71 38.59 40.57 42.64 44.83 47.13
PERIOD SALARY 2,936.85 3,087.24 3,245.21 3,411.38 3,586.40 3,770.26 Senior Community Development Technician SCEA - A No Non-Exempt Classified 1CV ANNUAL SALARY 68,310.72 71,815.68 75,492.24 79,359.12 83,416.32 87,697.20 HOURLY RATE 32.84 34.53 36.29 38.15 40.10 42.16
PERIOD SALARY 2,627.34 2,762.14 2,903.55 3,052.27 3,208.32 3,372.97 Senior Community Service Officer B&C - MC No Non-Exempt Classified 5BH ANNUAL SALARY 60,539.76 63,641.04 66,902.16 70,323.36 73,920.48 77,709.12 HOURLY RATE 29.11 30.60 32.16 33.81 35.54 37.36
PERIOD SALARY 2,328.45 2,447.73 2,573.16 2,704.74 2,843.10 2,988.81 Senior Deputy City Auditor UNREP - MW Yes Exempt Unclassified 03X ANNUAL SALARY 84,880.32 89,228.40 93,802.08 98,616.00 103,670.88 108,981.60 HOURLY RATE 40.81 42.90 45.10 47.41 49.84 52.40
PERIOD SALARY 3,264.63 3,431.86 3,607.77 3,792.92 3,987.34 4,191.60 Published October 9, 2024; Effective September 22, 2024 Page 27 of 34 EXHIBIT 1 580
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Senior Deputy City Clerk UNREP - MW Yes Non-Exempt Unclassified 031 ANNUAL SALARY 68,487.12 71,998.56 75,691.92 79,567.68 83,643.60 87,919.44 HOURLY RATE 32.93 34.61 36.39 38.25 40.21 42.27
PERIOD SALARY 2,634.12 2,769.18 2,911.23 3,060.30 3,217.06 3,381.52 Senior Economic Development Analyst B&C - MC No Exempt Unclassified 5AO ANNUAL SALARY 96,404.40 101,336.40 106,545.36 111,994.56 117,739.44 123,761.28 HOURLY RATE 46.35 48.72 51.22 53.84 56.61 59.50
PERIOD SALARY 3,707.86 3,897.55 4,097.90 4,307.48 4,528.44 4,760.05 Senior Economic Development Analyst
(Confidential) UNREP - MW Yes Exempt Unclassified 03B ANNUAL SALARY 96,404.40 101,336.40 106,545.36 111,994.56 117,739.44 123,761.28 HOURLY RATE 46.35 48.72 51.22 53.84 56.61 59.50
PERIOD SALARY 3,707.86 3,897.55 4,097.90 4,307.48 4,528.44 4,760.05 Senior Electrical Inspector SCEA - A No Non-Exempt Classified 10J2 ANNUAL SALARY 71,674.32 75,344.64 79,199.76 83,255.52 87,526.80 92,014.08 HOURLY RATE 34.46 36.22 38.08 40.03 42.08 44.24
PERIOD SALARY 2,756.70 2,897.87 3,046.14 3,202.14 3,366.42 3,539.00 Senior Electrical Technician O&M - BO No Non-Exempt Classified 3BL ANNUAL SALARY - - - - 93,801.36 98,622.72 HOURLY RATE - - - - 45.10 47.41
PERIOD SALARY - - - - 3,607.74 3,793.18
Senior Electrician T&M - B No Non-Exempt Classified 3BV ANNUAL SALARY 83,384.64 87,670.80 92,176.56 96,914.40 101,895.60 HOURLY RATE 40.09 42.15 44.32 46.59 48.99
PERIOD SALARY 3,207.10 3,371.95 3,545.25 3,727.48 3,919.06 Senior Engineering Technician SCEA - A No Non-Exempt Classified 10R ANNUAL SALARY 71,283.60 74,938.56 78,771.36 82,814.16 87,050.88 91,514.40 HOURLY RATE 34.27 36.03 37.87 39.81 41.85 44.00
PERIOD SALARY 2,741.68 2,882.25 3,029.67 3,185.16 3,348.11 3,519.78 Senior Environmental Control Officer O&M - BO No Non-Exempt Classified 31C ANNUAL SALARY - - - - 85,964.16 90,260.40 HOURLY RATE - - - - 41.33 43.39
PERIOD SALARY - - - - 3,306.31 3,471.55
Senior Evidence Technician SCEA - A No Non-Exempt Classified 1AB ANNUAL SALARY 69,601.20 73,155.36 76,916.88 80,847.36 84,984.24 89,347.44 HOURLY RATE 33.46 35.17 36.98 38.87 40.86 42.96
PERIOD SALARY 2,676.97 2,813.67 2,958.34 3,109.51 3,268.62 3,436.44 Senior Facilities Maintenance Supervisor B&C - MC No Non-Exempt Classified 5AY ANNUAL SALARY 80,078.88 84,180.72 88,498.56 93,032.16 97,796.88 102,808.56 HOURLY RATE 38.50 40.47 42.55 44.73 47.02 49.43
PERIOD SALARY 3,079.96 3,237.72 3,403.79 3,578.16 3,761.42 3,954.18 Senior Facilities Maintenance Worker T&M - B No Non-Exempt Classified 3BU ANNUAL SALARY 60,393.12 63,497.04 66,760.80 70,192.32 73,800.00 HOURLY RATE 29.04 30.53 32.10 33.75 35.48
PERIOD SALARY 2,322.81 2,442.19 2,567.72 2,699.70 2,838.46 Senior Finance Assistant SCEA - C No Non-Exempt Classified A15 ANNUAL SALARY 55,038.24 57,862.56 60,827.52 63,948.48 67,225.44 70,658.64 HOURLY RATE 26.46 27.82 29.24 30.74 32.32 33.97
PERIOD SALARY 2,116.86 2,225.48 2,339.52 2,459.56 2,585.59 2,717.64 Senior Geographic Information Systems Analyst SCEA - A No Non-Exempt Classified 10C ANNUAL SALARY 97,102.32 102,089.76 107,309.52 112,820.64 118,602.96 124,676.88 HOURLY RATE 46.68 49.08 51.59 54.24 57.02 59.94
PERIOD SALARY 3,734.70 3,926.53 4,127.29 4,339.26 4,561.65 4,795.26 Senior Geographic Information Systems
Specialist SCEA - A No Non-Exempt Classified 1BX ANNUAL SALARY 74,753.04 78,591.12 82,610.40 86,848.32 91,286.16 95,978.64 HOURLY RATE 35.94 37.78 39.72 41.75 43.89 46.14
PERIOD SALARY 2,875.12 3,022.74 3,177.32 3,340.32 3,511.01 3,691.49 Senior Golf Course Supervisor B&C - MC No Exempt Classified 05O1 ANNUAL SALARY 77,578.08 81,543.60 85,730.40 90,124.56 94,740.24 99,593.52 HOURLY RATE 37.30 39.20 41.22 43.33 45.55 47.88
PERIOD SALARY 2,983.77 3,136.29 3,297.32 3,466.33 3,643.86 3,830.52 Published October 9, 2024; Effective September 22, 2024 Page 28 of 34 EXHIBIT 1 581
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Senior Housing Financial Advisor SCEA - A No Non-Exempt Classified 10L ANNUAL SALARY 69,744.00 73,323.84 77,081.28 81,015.84 85,176.48 89,546.40 HOURLY RATE 33.53 35.25 37.06 38.95 40.95 43.05
PERIOD SALARY 2,682.46 2,820.15 2,964.66 3,115.99 3,276.02 3,444.09 Senior Housing Rehabilitation Counselor SCEA - A No Non-Exempt Classified 10G ANNUAL SALARY 71,201.28 74,849.04 78,687.84 82,717.68 86,954.88 91,414.80 HOURLY RATE 34.23 35.99 37.83 39.77 41.81 43.95
PERIOD SALARY 2,738.51 2,878.81 3,026.46 3,181.45 3,344.42 3,515.95 Senior Human Resources Analyst UNREP - MW Yes Exempt Unclassified R031 ANNUAL SALARY 94,448.64 99,263.04 104,363.04 109,703.76 115,330.56 121,242.72 HOURLY RATE 45.41 47.72 50.17 52.74 55.45 58.29
PERIOD SALARY 3,632.64 3,817.81 4,013.96 4,219.38 4,435.79 4,663.18 Senior Hydrant Worker O&M - BO No Non-Exempt Classified 31V ANNUAL SALARY 56,456.16 59,357.76 62,408.64 65,616.48 68,989.20 HOURLY RATE 27.14 28.54 30.00 31.55 33.17
PERIOD SALARY 2,171.39 2,282.99 2,400.33 2,523.71 2,653.43 Senior Instrument Repair Technician T&M - B No Non-Exempt Classified 30A ANNUAL SALARY 73,030.80 76,784.64 80,731.20 84,880.80 89,243.52 HOURLY RATE 35.11 36.92 38.81 40.81 42.91
PERIOD SALARY 2,808.88 2,953.26 3,105.05 3,264.65 3,432.44 Senior Janitor T&M - B No Non-Exempt Classified 3AC ANNUAL SALARY 47,753.04 50,208.00 52,787.76 55,501.20 58,353.84 HOURLY RATE 22.96 24.14 25.38 26.68 28.05
PERIOD SALARY 1,836.66 1,931.08 2,030.30 2,134.66 2,244.38 Senior Library Aide SCEA - C No Non-Exempt Classified 15J ANNUAL SALARY 46,955.52 49,361.04 51,890.16 54,557.52 57,348.96 60,294.48 HOURLY RATE 22.57 23.73 24.95 26.23 27.57 28.99
PERIOD SALARY 1,805.98 1,898.50 1,995.78 2,098.37 2,205.73 2,319.02 Senior Library Assistant SCEA - C No Non-Exempt Classified 15A ANNUAL SALARY 58,505.28 61,512.48 64,658.16 67,973.76 71,458.56 75,113.52 HOURLY RATE 28.13 29.57 31.09 32.68 34.36 36.11
PERIOD SALARY 2,250.20 2,365.86 2,486.85 2,614.38 2,748.41 2,888.98 Senior Maintenance Repair Technician T&M - B No Non-Exempt Classified 3BA3 ANNUAL SALARY 67,754.64 71,237.28 74,898.96 78,748.80 82,796.40 HOURLY RATE 32.57 34.25 36.01 37.86 39.81
PERIOD SALARY 2,605.95 2,739.90 2,880.73 3,028.80 3,184.48 Senior Management Assistant (Confidential) UNREP MAN - MV Yes Exempt Unclassified 02F2 ANNUAL SALARY 86,595.84 91,033.68 95,697.36 100,602.00 105,762.00 111,178.32 HOURLY RATE 41.63 43.77 46.01 48.37 50.85 53.45
PERIOD SALARY 3,330.61 3,501.30 3,680.67 3,869.31 4,067.77 4,276.09 Senior Mechanic T&M - B No Non-Exempt Classified 30B ANNUAL SALARY 74,167.44 77,979.12 81,987.60 86,201.52 90,632.64 HOURLY RATE 35.66 37.49 39.42 41.44 43.57
PERIOD SALARY 2,852.59 2,999.20 3,153.37 3,315.44 3,485.87 Senior Mechanical Maintenance Worker T&M - B No Non-Exempt Classified 3BF ANNUAL SALARY 65,493.60 68,860.32 72,399.36 76,121.28 80,034.00 HOURLY RATE 31.49 33.11 34.81 36.60 38.48
PERIOD SALARY 2,518.98 2,648.47 2,784.59 2,927.74 3,078.23 Senior Network Support Analyst SCEA - A No Non-Exempt Classified 1CW ANNUAL SALARY 93,840.48 98,659.92 103,704.72 109,030.56 114,618.72 120,488.40 HOURLY RATE 45.12 47.43 49.86 52.42 55.11 57.93
PERIOD SALARY 3,609.25 3,794.61 3,988.64 4,193.48 4,408.41 4,634.17 Senior Office Assistant SCEA - C No Non-Exempt Classified 15E4 ANNUAL SALARY 53,000.40 55,714.56 58,567.20 61,574.64 64,719.84 68,035.44 HOURLY RATE 25.48 26.79 28.16 29.60 31.12 32.71
PERIOD SALARY 2,038.48 2,142.87 2,252.58 2,368.26 2,489.22 2,616.75 Senior Office Assistant (Confidential) UNREP - MW No Non-Exempt Classified K033 ANNUAL SALARY 53,000.40 55,714.56 58,567.20 61,574.64 64,719.84 68,035.44 HOURLY RATE 25.48 26.79 28.16 29.60 31.12 32.71
PERIOD SALARY 2,038.48 2,142.87 2,252.58 2,368.26 2,489.22 2,616.75 Published October 9, 2024; Effective September 22, 2024 Page 29 of 34 EXHIBIT 1 582
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Senior Parks Supervisor B&C - MC No Exempt Classified 05O2 ANNUAL SALARY 77,578.08 81,543.60 85,730.40 90,124.56 94,740.24 99,593.52 HOURLY RATE 37.30 39.20 41.22 43.33 45.55 47.88
PERIOD SALARY 2,983.77 3,136.29 3,297.32 3,466.33 3,643.86 3,830.52 Senior Parks Worker I T&M - B No Non-Exempt Classified 30U ANNUAL SALARY 51,212.40 53,844.96 56,612.64 59,521.92 62,581.68 HOURLY RATE 24.62 25.89 27.22 28.62 30.09
PERIOD SALARY 1,969.71 2,070.96 2,177.41 2,289.30 2,406.99 Senior Parks Worker II T&M - B No Non-Exempt Classified 30Q ANNUAL SALARY 53,898.72 56,668.56 59,581.68 62,644.08 65,864.40 HOURLY RATE 25.91 27.24 28.65 30.12 31.67
PERIOD SALARY 2,073.03 2,179.56 2,291.60 2,409.39 2,533.25 Senior Plan Checker SCEA - A No Non-Exempt Classified 10A ANNUAL SALARY 89,599.68 94,183.20 99,012.96 104,088.96 109,411.68 115,030.56 HOURLY RATE 43.08 45.28 47.60 50.04 52.60 55.30
PERIOD SALARY 3,446.14 3,622.43 3,808.19 4,003.42 4,208.14 4,424.25 Senior Planner B&C - MC No Exempt Unclassified 05X ANNUAL SALARY 94,079.28 98,902.08 103,964.88 109,299.60 114,907.68 120,787.44 HOURLY RATE 45.23 47.55 49.98 52.55 55.24 58.07
PERIOD SALARY 3,618.43 3,803.93 3,998.65 4,203.83 4,419.53 4,645.67 Senior Planning Technician SCEA - A No Non-Exempt Classified 1AD ANNUAL SALARY 64,574.40 67,887.36 71,363.28 75,018.48 78,853.68 82,900.56 HOURLY RATE 31.05 32.64 34.31 36.07 37.91 39.86
PERIOD SALARY 2,483.63 2,611.05 2,744.74 2,885.33 3,032.83 3,188.48 Senior Plant Maintenance Mechanic O&M - BO No Non-Exempt Classified 31A ANNUAL SALARY - - - - 91,409.28 95,992.32 HOURLY RATE - - - - 43.95 46.15
PERIOD SALARY - - - - 3,515.74 3,692.01
Senior Plant Maintenance Supervisor WATER SUP - MS No Exempt Classified 3BR ANNUAL SALARY 96,281.28 101,202.72 106,399.44 111,852.24 117,580.80 123,604.32 HOURLY RATE 46.29 48.66 51.15 53.78 56.53 59.43
PERIOD SALARY 3,703.13 3,892.41 4,092.29 4,302.01 4,522.34 4,754.01 Senior Plant Operations Supervisor WATER SUP - MS No Exempt Classified 3BS ANNUAL SALARY 100,313.76 105,441.36 110,856.00 116,537.04 122,505.36 128,781.84 HOURLY RATE 48.23 50.69 53.30 56.03 58.90 61.91
PERIOD SALARY 3,858.22 4,055.44 4,263.69 4,482.19 4,711.74 4,953.15 Senior Plant Operator O&M - BO No Non-Exempt Classified 31W ANNUAL SALARY 77,383.44 81,241.92 85,551.36 90,078.72 94,854.72 HOURLY RATE 37.20 39.06 41.13 43.31 45.60
PERIOD SALARY 2,976.29 3,124.69 3,290.44 3,464.57 3,648.26 Senior Plumbing/Mechanical Inspector SCEA - A No Non-Exempt Classified 10J3 ANNUAL SALARY 71,674.32 75,344.64 79,199.76 83,255.52 87,526.80 92,014.08 HOURLY RATE 34.46 36.22 38.08 40.03 42.08 44.24
PERIOD SALARY 2,756.70 2,897.87 3,046.14 3,202.14 3,366.42 3,539.00 Senior Police Records Assistant SCEA - C No Non-Exempt Classified D15 ANNUAL SALARY 60,201.36 63,283.92 66,524.40 69,940.08 73,512.96 77,279.04 HOURLY RATE 28.94 30.43 31.98 33.63 35.34 37.15
PERIOD SALARY 2,315.44 2,434.00 2,558.63 2,690.00 2,827.42 2,972.27 Senior Procurement Specialist B&C - MC No Exempt Classified 5CB ANNUAL SALARY 70,785.12 74,399.76 78,221.76 82,219.92 86,442.24 90,872.40 HOURLY RATE 34.03 35.77 37.61 39.53 41.56 43.69
PERIOD SALARY 2,722.50 2,861.53 3,008.53 3,162.30 3,324.70 3,495.09 Senior Public Works Supervisor B&C - MC No Non-Exempt Classified 5BD ANNUAL SALARY 94,084.56 98,914.32 103,974.00 109,313.28 114,915.36 120,796.80 HOURLY RATE 45.23 47.56 49.99 52.55 55.25 58.08
PERIOD SALARY 3,618.64 3,804.40 3,999.00 4,204.36 4,419.82 4,646.03 Senior Public Works Supervisor/Electrical B&C - MC No Non-Exempt Classified 5BL ANNUAL SALARY 95,668.80 100,572.72 105,723.12 111,151.20 116,841.36 122,824.08 HOURLY RATE 45.99 48.35 50.83 53.44 56.17 59.05
PERIOD SALARY 3,679.57 3,868.18 4,066.27 4,275.05 4,493.90 4,724.00 Senior Real Property Agent SCEA - A No Exempt Classified 10I ANNUAL SALARY 85,958.64 90,365.76 95,000.64 99,862.56 104,987.04 110,356.08 HOURLY RATE 41.33 43.45 45.67 48.01 50.47 53.06
PERIOD SALARY 3,306.10 3,475.61 3,653.87 3,840.87 4,037.96 4,244.46 Published October 9, 2024; Effective September 22, 2024 Page 30 of 34 EXHIBIT 1 583
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Senior Recreation Assistant SCEA - C No Non-Exempt Classified 15D2 ANNUAL SALARY 54,601.44 57,403.44 60,344.88 63,440.88 66,691.92 70,097.76 HOURLY RATE 26.25 27.60 29.01 30.50 32.06 33.70
PERIOD SALARY 2,100.06 2,207.82 2,320.96 2,440.03 2,565.07 2,696.07 Senior Revenue Assistant SCEA - C No Non-Exempt Classified 15D3 ANNUAL SALARY 54,388.32 57,179.52 60,109.20 63,193.20 66,431.52 69,823.92 HOURLY RATE 26.15 27.49 28.90 30.38 31.94 33.57
PERIOD SALARY 2,091.86 2,199.21 2,311.89 2,430.51 2,555.06 2,685.54 Senior Risk Analyst UNREP - MW Yes Exempt Unclassified R032 ANNUAL SALARY 94,907.28 99,744.72 104,869.68 110,236.32 115,890.48 121,831.44 HOURLY RATE 45.63 47.95 50.42 53.00 55.72 58.57
PERIOD SALARY 3,650.28 3,836.34 4,033.45 4,239.86 4,457.33 4,685.82 Senior Systems Analyst SCEA - A No Non-Exempt Classified 1BY ANNUAL SALARY 94,102.56 98,935.44 103,993.92 109,334.88 114,938.88 120,824.88 HOURLY RATE 45.24 47.57 50.00 52.56 55.26 58.09
PERIOD SALARY 3,619.33 3,805.21 3,999.77 4,205.19 4,420.73 4,647.11 Senior Telecommunications Supervisor B&C - MC No Non-Exempt Classified 05P ANNUAL SALARY 82,418.40 86,635.92 91,073.52 95,746.80 100,654.56 105,798.00 HOURLY RATE 39.62 41.65 43.79 46.03 48.39 50.86
PERIOD SALARY 3,169.94 3,332.15 3,502.83 3,682.57 3,871.33 4,069.15 Senior Traffic Signal Electrician T&M - B No Non-Exempt Classified 3BD ANNUAL SALARY 77,577.84 81,565.44 85,758.00 90,165.60 94,800.00 HOURLY RATE 37.30 39.21 41.23 43.35 45.58
PERIOD SALARY 2,983.76 3,137.13 3,298.38 3,467.91 3,646.15 Senior Transportation Planner B&C - MC No Non-Exempt Classified 05D ANNUAL SALARY 90,102.24 94,712.88 99,570.24 104,674.32 110,040.72 115,684.80 HOURLY RATE 43.32 45.54 47.87 50.32 52.90 55.62
PERIOD SALARY 3,465.47 3,642.80 3,829.62 4,025.94 4,232.34 4,449.42 Senior Tree Surgeon T&M - B No Non-Exempt Classified 30M ANNUAL SALARY 59,850.24 62,926.80 66,161.04 69,562.08 73,137.60 HOURLY RATE 28.77 30.25 31.81 33.44 35.16
PERIOD SALARY 2,301.93 2,420.26 2,544.66 2,675.46 2,812.98 Senior Water Systems Operator O&M - BO No Non-Exempt Classified 31D ANNUAL SALARY - - - - - - 86,003.52 90,289.92 HOURLY RATE - - - - - - 41.35 43.41
PERIOD SALARY - - - - - - 3,307.83 3,472.69
Service Writer T&M - B No Non-Exempt Classified 30Y2 ANNUAL SALARY 50,245.68 52,828.80 55,544.16 58,398.72 61,400.40 HOURLY RATE 24.16 25.40 26.70 28.08 29.52
PERIOD SALARY 1,932.53 2,031.88 2,136.31 2,246.10 2,361.55 Solid Waste Inspector T&M - B No Non-Exempt Classified 30L ANNUAL SALARY 63,059.04 66,300.00 69,707.76 73,290.72 77,058.24 HOURLY RATE 30.32 31.88 33.51 35.24 37.05
PERIOD SALARY 2,425.35 2,550.00 2,681.07 2,818.87 2,963.78 Solid Waste Manager B&C - MB Yes Exempt Unclassified 04Y ANNUAL SALARY 106,703.28 112,179.12 117,934.56 123,969.12 130,316.40 137,009.04 HOURLY RATE 51.30 53.93 56.70 59.60 62.65 65.87
PERIOD SALARY 4,103.97 4,314.58 4,535.94 4,768.04 5,012.17 5,269.58 Sports Commission Director UNREP MAN - MV Yes Exempt Unclassified 02O2 ANNUAL SALARY 86,595.84 91,033.68 95,697.36 100,602.00 105,762.00 111,178.32 HOURLY RATE 41.63 43.77 46.01 48.37 50.85 53.45
PERIOD SALARY 3,330.61 3,501.30 3,680.67 3,869.31 4,067.77 4,276.09 Staff Development Specialist UNREP - MW Yes Non-Exempt Unclassified 0373 ANNUAL SALARY 53,061.60 55,784.64 58,643.52 61,652.16 64,811.04 68,121.12 HOURLY RATE 25.51 26.82 28.19 29.64 31.16 32.75
PERIOD SALARY 2,040.83 2,145.56 2,255.52 2,371.24 2,492.73 2,620.04 Stage Maintenance Worker T&M - B No Non-Exempt Classified 30O ANNUAL SALARY 54,382.08 57,177.36 60,115.92 63,205.92 66,454.32 HOURLY RATE 26.15 27.49 28.90 30.39 31.95
PERIOD SALARY 2,091.62 2,199.13 2,312.15 2,431.00 2,555.94 Storm Water Outreach Coordinator SCEA - A No Non-Exempt Classified 10M2 ANNUAL SALARY 66,092.40 69,485.04 73,047.12 76,778.64 80,726.64 84,859.20 HOURLY RATE 31.78 33.41 35.12 36.91 38.81 40.80
PERIOD SALARY 2,542.02 2,672.50 2,809.50 2,953.02 3,104.87 3,263.82 Published October 9, 2024; Effective September 22, 2024 Page 31 of 34 EXHIBIT 1 584
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Supervising Accountant B&C - MC No Exempt Classified 5AN1 ANNUAL SALARY 95,958.72 100,877.28 106,053.60 111,487.44 117,197.04 123,198.72 HOURLY RATE 46.13 48.50 50.99 53.60 56.34 59.23
PERIOD SALARY 3,690.72 3,879.90 4,078.98 4,287.98 4,507.58 4,738.41 Supervising Combination Inspector B&C - MC No Non-Exempt Classified 5AX ANNUAL SALARY 88,198.56 92,733.36 97,480.56 102,476.16 107,719.44 113,245.92 HOURLY RATE 42.40 44.58 46.87 49.27 51.79 54.45
PERIOD SALARY 3,392.25 3,566.67 3,749.25 3,941.39 4,143.06 4,355.61 Supervising Crime Analyst B&C - MC No Non-Exempt Classified 5CI ANNUAL SALARY 88,481.52 93,138.48 98,040.72 103,200.96 108,632.40 114,349.92 HOURLY RATE 42.54 44.78 47.14 49.62 52.23 54.98
PERIOD SALARY 3,403.14 3,582.25 3,770.80 3,969.27 4,178.17 4,398.07 Supervising Deputy City Clerk/Operations UNREP - MW Yes Exempt Unclassified 0321 ANNUAL SALARY 77,056.80 81,005.04 85,153.68 89,520.72 94,105.44 98,927.28 HOURLY RATE 37.05 38.94 40.94 43.04 45.24 47.56
PERIOD SALARY 2,963.72 3,115.58 3,275.14 3,443.10 3,619.44 3,804.90 Supervising Deputy City Clerk/Records UNREP - MW Yes Exempt Unclassified 322 ANNUAL SALARY 77,056.80 81,005.04 85,153.68 89,520.72 94,105.44 98,927.28 HOURLY RATE 37.05 38.94 40.94 43.04 45.24 47.56
PERIOD SALARY 2,963.72 3,115.58 3,275.14 3,443.10 3,619.44 3,804.90 Supervising Evidence Technician B&C - MC No Non-Exempt Classified 05Z ANNUAL SALARY 80,037.36 84,150.72 88,453.92 92,984.88 97,762.32 102,766.80 HOURLY RATE 38.48 40.46 42.53 44.70 47.00 49.41
PERIOD SALARY 3,078.36 3,236.57 3,402.07 3,576.34 3,760.09 3,952.57 Supervising Fire Prevention Inspector B&C - MC No Non-Exempt Classified 1CQ ANNUAL SALARY 76,177.44 80,078.88 84,180.72 88,498.56 93,032.16 97,796.88 HOURLY RATE 36.62 38.50 40.47 42.55 44.73 47.02
PERIOD SALARY 2,929.90 3,079.96 3,237.72 3,403.79 3,578.16 3,761.42 Supervising Human Resources Analyst UNREP MAN - MV Yes Exempt Unclassified 028 ANNUAL SALARY 103,866.48 109,192.32 114,788.88 120,671.28 126,839.52 133,353.60 HOURLY RATE 49.94 52.50 55.19 58.02 60.98 64.11
PERIOD SALARY 3,994.86 4,199.70 4,414.96 4,641.20 4,878.44 5,128.98 Supervising Librarian B&C - MC No Exempt Classified 5BC ANNUAL SALARY 75,411.36 79,272.72 83,340.24 87,614.64 92,095.44 96,814.56 HOURLY RATE 36.26 38.11 40.07 42.12 44.28 46.55
PERIOD SALARY 2,900.44 3,048.95 3,205.39 3,369.79 3,542.13 3,723.64 Supervising Mechanic B&C - MC No Non-Exempt Classified 05Y ANNUAL SALARY 76,764.72 80,705.28 84,847.20 89,190.00 93,767.76 98,563.68 HOURLY RATE 36.91 38.80 40.79 42.88 45.08 47.39
PERIOD SALARY 2,952.49 3,104.05 3,263.35 3,430.38 3,606.45 3,790.91 Supervising Office Assistant B&C - MC No Non-Exempt Classified 5AF2 ANNUAL SALARY 58,983.60 62,005.68 65,182.32 68,513.52 72,029.52 75,714.96 HOURLY RATE 28.36 29.81 31.34 32.94 34.63 36.40
PERIOD SALARY 2,268.60 2,384.83 2,507.01 2,635.14 2,770.37 2,912.11 Supervising Office Assistant (Confidential) UNREP - MW No Non-Exempt Classified 03R ANNUAL SALARY 58,983.60 62,005.68 65,182.32 68,513.52 72,029.52 75,714.96 HOURLY RATE 28.36 29.81 31.34 32.94 34.63 36.40
PERIOD SALARY 2,268.60 2,384.83 2,507.01 2,635.14 2,770.37 2,912.11 Supervising Parking Attendant B&C - MC No Non-Exempt Classified 5BI ANNUAL SALARY 53,163.60 55,885.68 58,747.20 61,763.52 64,918.80 68,240.16 HOURLY RATE 25.56 26.87 28.24 29.69 31.21 32.81
PERIOD SALARY 2,044.75 2,149.45 2,259.51 2,375.52 2,496.88 2,624.62 Supervising Parking Enforcement Officer B&C - MC No Non-Exempt Classified 5CF ANNUAL SALARY 48,670.32 51,102.96 53,656.80 56,338.80 59,154.24 62,110.80 HOURLY RATE 23.40 24.57 25.80 27.09 28.44 29.86
PERIOD SALARY 1,871.94 1,965.50 2,063.72 2,166.88 2,275.16 2,388.88 Supervising Plan Checker/Structural Engineer B&C - MC No Exempt Classified 05H ANNUAL SALARY 104,534.16 109,895.76 115,522.32 121,444.80 127,663.68 134,209.68 HOURLY RATE 50.26 52.83 55.54 58.39 61.38 64.52
PERIOD SALARY 4,020.54 4,226.76 4,443.17 4,670.95 4,910.14 5,161.91 Published October 9, 2024; Effective September 22, 2024 Page 32 of 34 EXHIBIT 1 585
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Supervising Procurement Specialist B&C - MC No Exempt Unclassified 5AN2 ANNUAL SALARY 90,072.72 94,689.60 99,548.16 104,648.88 110,008.56 115,642.08 HOURLY RATE 43.30 45.52 47.86 50.31 52.89 55.60
PERIOD SALARY 3,464.34 3,641.91 3,828.78 4,024.96 4,231.10 4,447.77 Supervising Public Works Inspector B&C - MC No Non-Exempt Classified 5BV ANNUAL SALARY 83,609.52 87,908.64 92,409.12 97,144.56 102,114.96 107,353.92 HOURLY RATE 40.20 42.26 44.43 46.70 49.09 51.61
PERIOD SALARY 3,215.75 3,381.10 3,554.20 3,736.33 3,927.50 4,129.00 Supervising Real Property Agent B&C - MC No Exempt Classified 05B ANNUAL SALARY 104,311.68 109,664.64 115,291.44 121,190.88 127,395.84 133,938.24 HOURLY RATE 50.15 52.72 55.43 58.26 61.25 64.39
PERIOD SALARY 4,011.99 4,217.87 4,434.29 4,661.19 4,899.84 5,151.47 Survey Party Chief SCEA - A No Non-Exempt Classified 1AV ANNUAL SALARY 61,019.04 64,149.36 67,434.00 70,888.32 74,511.84 78,336.48 HOURLY RATE 29.34 30.84 32.42 34.08 35.82 37.66
PERIOD SALARY 2,346.89 2,467.28 2,593.62 2,726.47 2,865.84 3,012.94 Surveying Supervisor B&C - MC No Non-Exempt Classified 5AT ANNUAL SALARY 72,538.08 76,254.24 80,155.92 84,273.12 88,590.96 93,124.80 HOURLY RATE 34.87 36.66 38.54 40.52 42.59 44.77
PERIOD SALARY 2,789.93 2,932.86 3,082.92 3,241.27 3,407.34 3,581.72 Systems Analyst I SCEA - A No Non-Exempt Classified 1BZ ANNUAL SALARY 68,577.60 72,083.28 75,789.60 79,676.40 83,743.44 88,050.72 HOURLY RATE 32.97 34.66 36.44 38.31 40.26 42.33
PERIOD SALARY 2,637.60 2,772.43 2,914.98 3,064.48 3,220.90 3,386.57 Systems Analyst II SCEA - A No Non-Exempt Classified 1CA ANNUAL SALARY 79,396.56 83,477.52 87,746.40 92,240.64 96,979.68 101,944.32 HOURLY RATE 38.17 40.13 42.19 44.35 46.62 49.01
PERIOD SALARY 3,053.71 3,210.67 3,374.86 3,547.72 3,729.99 3,920.94 Technical Services Supervisor WATER SUP - MS No Non-Exempt Unclassified 70B ANNUAL SALARY 81,161.76 85,318.32 89,686.08 94,279.44 99,114.00 104,189.28 HOURLY RATE 39.02 41.02 43.12 45.33 47.65 50.09
PERIOD SALARY 3,121.61 3,281.47 3,449.46 3,626.13 3,812.08 4,007.28 Technology Project Coordinator SCEA - A No Non-Exempt Classified 1CH ANNUAL SALARY 81,600.48 85,791.36 90,178.08 94,809.12 99,668.40 104,772.72 HOURLY RATE 39.23 41.25 43.35 45.58 47.92 50.37
PERIOD SALARY 3,138.48 3,299.67 3,468.39 3,646.50 3,833.40 4,029.72 Technology Support Specialist I SCEA - A No Non-Exempt Classified 1CR ANNUAL SALARY 56,233.92 59,108.64 62,148.24 65,335.20 68,670.00 72,202.08 HOURLY RATE 27.04 28.42 29.88 31.41 33.01 34.71
PERIOD SALARY 2,162.84 2,273.41 2,390.32 2,512.89 2,641.15 2,777.00 Technology Support Specialist II SCEA - A No Non-Exempt Classified 1BS1 ANNUAL SALARY 66,497.04 69,891.60 73,481.04 77,249.28 81,196.32 85,370.40 HOURLY RATE 31.97 33.60 35.33 37.14 39.04 41.04
PERIOD SALARY 2,557.58 2,688.14 2,826.19 2,971.13 3,122.94 3,283.48 Technology Training Coordinator SCEA - A No Non-Exempt Classified 1BS2 ANNUAL SALARY 66,497.04 69,891.60 73,481.04 77,249.28 81,196.32 85,370.40 HOURLY RATE 31.97 33.60 35.33 37.14 39.04 41.04
PERIOD SALARY 2,557.58 2,688.14 2,826.19 2,971.13 3,122.94 3,283.48 Traffic Engineering Aide SCEA - A No Non-Exempt Classified 1AQ ANNUAL SALARY 48,389.76 50,872.56 53,478.24 56,207.52 59,091.36 62,129.28 HOURLY RATE 23.26 24.46 25.71 27.02 28.41 29.87
PERIOD SALARY 1,861.14 1,956.64 2,056.86 2,161.83 2,272.74 2,389.59 Traffic Signal Electrician T&M - B No Non-Exempt Classified 3BE ANNUAL SALARY 70,556.88 74,183.76 77,996.64 82,006.08 86,220.96 HOURLY RATE 33.92 35.67 37.50 39.43 41.45
PERIOD SALARY 2,713.73 2,853.22 2,999.87 3,154.08 3,316.19 Traffic Signal Electrician Trainee T&M - B No Non-Exempt Classified 3AZ ANNUAL SALARY 53,004.96 55,729.68 58,593.60 61,605.60 64,771.92 68,101.92 71,602.08 HOURLY RATE 25.48 26.79 28.17 29.62 31.14 32.74 34.42
PERIOD SALARY 2,038.65 2,143.45 2,253.60 2,369.45 2,491.23 2,619.30 2,753.93 Tree Maintenance Supervisor B&C - MC No Exempt Classified 05T ANNUAL SALARY 69,963.36 73,556.16 77,318.40 81,281.76 85,460.40 89,824.80 HOURLY RATE 33.64 35.36 37.17 39.08 41.09 43.19
PERIOD SALARY 2,690.90 2,829.08 2,973.78 3,126.22 3,286.94 3,454.80 Published October 9, 2024; Effective September 22, 2024 Page 33 of 34 EXHIBIT 1 586
APPENDIX A
CITY OF STOCKTON
SALARY SCHEDULE
JOB CLASSIFICATION
BARGAINING UNIT /
CODE AT-WILL
FLSA
OVERTIME
EXEMPT CS STATUS GRADE SALARY STEPS 1 2 3 4 5 6 7 8 9
Tree Surgeon T&M - B No Non-Exempt Classified 30W ANNUAL SALARY 54,154.56 56,938.08 59,864.40 62,941.44 66,176.64 HOURLY RATE 26.04 27.37 28.78 30.26 31.82
PERIOD SALARY 2,082.87 2,189.93 2,302.48 2,420.82 2,545.26 Tree Worker T&M - B No Non-Exempt Classified 3AP ANNUAL SALARY 43,314.72 45,541.68 47,882.16 50,343.36 52,931.28 55,651.20 58,512.48 HOURLY RATE 20.82 21.90 23.02 24.20 25.45 26.76 28.13
PERIOD SALARY 1,665.95 1,751.60 1,841.62 1,936.28 2,035.82 2,140.43 2,250.48 Utilities Safety & Training Specialist WATER SUP - MS No Non-Exempt Classified 70I ANNUAL SALARY 53,497.92 56,235.84 59,109.60 62,148.48 65,322.72 68,677.92 HOURLY RATE 25.72 27.04 28.42 29.88 31.41 33.02
PERIOD SALARY 2,057.61 2,162.92 2,273.45 2,390.33 2,512.41 2,641.46 Utility Technology Manager B&C - MC No Exempt Classified 5BQ1 ANNUAL SALARY 100,112.64 105,248.40 110,635.68 116,310.24 122,254.32 128,520.96 HOURLY RATE 48.13 50.60 53.19 55.92 58.78 61.79
PERIOD SALARY 3,850.49 4,048.02 4,255.22 4,473.47 4,702.09 4,943.11 Utility Technology Specialist SCEA - A No Non-Exempt Classified 1CT ANNUAL SALARY 85,147.44 89,403.36 93,871.44 98,438.40 103,489.20 108,661.44 HOURLY RATE 40.94 42.98 45.13 47.33 49.75 52.24
PERIOD SALARY 3,274.90 3,438.59 3,610.44 3,786.09 3,980.35 4,179.29 Vehicle Abatement Specialist SCEA - C No Non-Exempt Classified 15L ANNUAL SALARY 43,655.76 45,891.36 48,235.44 50,718.24 53,308.80 56,053.68 HOURLY RATE 20.99 22.06 23.19 24.38 25.63 26.95
PERIOD SALARY 1,679.07 1,765.05 1,855.21 1,950.70 2,050.34 2,155.91 Warehouse Supervisor B&C - MC No Non-Exempt Classified 5AI ANNUAL SALARY 54,835.20 57,641.76 60,587.52 63,702.48 66,955.68 70,394.64 HOURLY RATE 26.36 27.71 29.13 30.63 32.19 33.84
PERIOD SALARY 2,109.05 2,216.99 2,330.29 2,450.10 2,575.22 2,707.49 Water Field Technician O&M - BO No Non-Exempt Classified 31O ANNUAL SALARY 51,469.92 54,045.12 56,742.48 59,578.80 62,554.08 65,686.08 HOURLY RATE 24.75 25.98 27.28 28.64 30.07 31.58
PERIOD SALARY 1,979.61 2,078.66 2,182.40 2,291.49 2,405.93 2,526.39 Water Systems Operator (Entry Level) O&M - BO No Non-Exempt Classified 31Z ANNUAL SALARY 63,150.96 66,295.92 69,622.56 - - - HOURLY RATE 30.36 31.87 33.47 - - -
PERIOD SALARY 2,428.88 2,549.84 2,677.79 - - -
Water Systems Operator (Journey Level) O&M - BO No Non-Exempt Classified 31Z1 ANNUAL SALARY - - - 73,094.40 76,748.40 80,584.08 HOURLY RATE - - - 35.14 36.90 38.74
PERIOD SALARY - - - 2,811.32 2,951.86 3,099.39
Water Systems Superintendent WATER SUP - MS No Exempt Classified 70F ANNUAL SALARY 101,329.68 106,393.92 111,711.12 117,294.48 123,156.48 129,311.76 HOURLY RATE 48.72 51.15 53.71 56.39 59.21 62.17
PERIOD SALARY 3,897.30 4,092.07 4,296.58 4,511.33 4,736.79 4,973.53 Water Systems Supervisor WATER SUP - MS No Non-Exempt Classified 70G ANNUAL SALARY 87,201.36 91,788.24 96,610.56 101,701.44 107,061.12 112,689.84 HOURLY RATE 41.92 44.13 46.45 48.89 51.47 54.18
PERIOD SALARY 3,353.90 3,530.32 3,715.79 3,911.59 4,117.74 4,334.22 Water/Sewer Equipment Operator O&M - BO No Non-Exempt Classified 31K ANNUAL SALARY 63,555.60 66,721.68 70,071.12 73,570.32 77,236.56 HOURLY RATE 30.56 32.08 33.69 35.37 37.13
PERIOD SALARY 2,444.45 2,566.22 2,695.04 2,829.63 2,970.64 Welder/Fabricator T&M - B No Non-Exempt Classified 30H ANNUAL SALARY 61,377.12 64,532.64 67,848.96 71,336.64 75,003.60 HOURLY RATE 29.51 31.03 32.62 34.30 36.06
PERIOD SALARY 2,360.66 2,482.02 2,609.58 2,743.72 2,884.75 Welder/Fabricator Specialist T&M - B No Non-Exempt Classified 3AW ANNUAL SALARY 71,233.68 74,894.64 78,744.48 82,792.08 87,047.28 HOURLY RATE 34.25 36.01 37.86 39.80 41.85
PERIOD SALARY 2,739.76 2,880.56 3,028.63 3,184.31 3,347.97 Published October 9, 2024; Effective September 22, 2024 Page 34 of 34 EXHIBIT 1 587
City of Stockton
Legislation Text
File #: 24-1179, Version: 1
APPROVE RESOLUTION TO ESTABLISH A NEW UNCLASSIFIED/REPRESENTED
CLASSIFICATION SPECIFICATION OF TRANSPORTATION MANAGER FOR THE STOCKTON
PUBLIC WORKS 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 Transportation Manager for the Stockton Public Works (PW) Department and assign the salary range.
Summary
City Council is being asked to establish the proposed new single-incumbent classification titled Transportation Manager and the proposed salary range. This position allocation will be incorporated into the budget for FY 2024-25.
DISCUSSION
Background
The PW Department requested that Human Resources (HR) create a new Transportation Manager classification and recommend an appropriate pay structure. Currently, the managerial oversight and responsibilities of the Transportation division rely on the versatile Program Manager classification.
However, this classification does not address the specialized expertise required to effectively oversee operations of multiple sections (Community Enhancement, Traffic Signals, Street/Traffic Devices, and Operations and Maintenance Engineering) within the Transportation division.
Classification
The proposed Transportation Manager classification is a single management position that will reside within the Public Works Department’s (PW) Streets division and will report to the Deputy PW Director of Operations and Maintenance. If approved, the Transportation Manager classification will be excluded from the Civil Service system and placed in the Mid-Management Level bargaining unit. In addition, the classification will be exempt under the Fair Labor Standards Act.
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:
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File #: 24-1179, Version: 1
*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 Transportation Manager classification at each step.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO CREATE A NEW UNCLASSIFIED/REPRESENTED CLASS
SPECIFICATION TRANSPORTATION MANAGER FOR THE PUBLIC WORKS
DEPARTMENT AND APPROVE THE PROPOSED SALARY RANGE
It is necessary to establish a new classification of Transportation Manager to provide oversight of the Public Works Department’s Transportation division; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The new unclassified/represented class specification of Transportation Manager is hereby created with the salary approved as follows:
JOB CLASS
FY2024-25 BASE ANNUAL SALARY BY STEP
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Transportation
Manager $129,580.68 $135,712.32 $142,138.44 $148,895.28 $155,952.36 $163,369.44
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 December 3, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
___
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
590
City of Stockton
Legislation Text
File #: 24-1147, Version: 1
APPROVE RESOLUTION AMENDING UNREPRESENTED CLASSIFICATION SPECIFICATIONS
FROM CLASSIFIED SERVICE TO UNCLASSIFIED SERVICE
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Amend the unrepresented class specifications of the following from classified service to unclassified service:
Administrative Analyst I (Confidential), Administrative Analyst II (Confidential), Agenda Coordinator, Auditor (Confidential), Benefits Analyst, Deferred Compensation Specialist, Human Resources Assistant I, Human Resources Assistant II, Human Resources Specialist, Human Resources Technician, Office Assistant I (Confidential), Office Assistant II (Confidential), Office Assistant I (Legal), Office Assistant II (Legal), Office Specialist (Confidential), Office Specialist (Legal), Risk/Loss Specialist, Secretary (Confidential), Senior Administrative Analyst (Confidential), Senior Office Assistant (Confidential), and Supervising Office Assistant (Confidential).
It is further recommended that the City Manager be authorized and directed to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
Summary
Per City Charter, Article XXV, Sections 2500 and 2501 (Attachments A and B) employees within the Fire and Police Departments (with the exception of the Fire Chief, Chief of Police, Deputy Chief of Police, and Deputy Fire Chief) shall be placed within classified service. The City Charter does not mandate class specifications that work outside of Police and Fire to hold classified service.
While City Charter Article XXV, Section 2537, allows the City Council to place employees not within the Fire and Police Departments under the jurisdiction of the Civil Service Commission (Attachment C), to better align the classifications to the provisions of the City Charter and to allow increased efficiency and expediency in the hiring process, the Human Resources department recommends amending the above named non-Fire and Police specifications from classified to unclassified service.
The proposed change will not affect the use of these classifications within the Police and Fire Departments. Classifications that are utilized within the Police and Fire Departments will include a provision notating that positions assigned within Police and Fire are classified.
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File #: 24-1147, Version: 1
DISCUSSION
Background
Article XXV, Section 2537 allows for Council to place employees not within the Fire and Police Departments under the jurisdiction of the Civil Service Commission. Currently, there are 21 unrepresented non-Fire and Police specifications that were placed under the Civil Service rules that we are requesting be updated. For these positions staffed outside of Fire and Police, the delay in establishing eligible lists is causing the City to lose out on sought after and highly qualified candidates who are applying to multiple agencies and able to move through the hiring process more quickly elsewhere.
Present Situation
Staff recommends the City Council amend the above named non-Fire and Police specifications from classified to unclassified service under its authority to create a list for classified service (Attachment D). These recommended amendments will assist the City in recruitment efforts by increasing efficiency and expediency in our hiring process. These changes are necessary steps in a changing job market where coveted, qualified candidates are becoming harder to recruit and retain. Delays, of even a few days, are often the deal breaker that have caused the City to lose out of prime potential candidates. The Human Resources Department will still maintain a competitive process to select only the most qualified candidates but the exclusion of these classifications from classified service will allow the City to be better positioned against our direct competitors in the market who are able to hire without the delay caused by waiting to establish eligibility lists.
Currently, there are incumbents in four (4) of the classifications whose Civil Service status will change from classified to unclassified service. While the incumbents will no longer be covered under the jurisdiction of Civil Service rules, they will still be covered under the terms of the Unrepresented Compensation plan and City policies. Below is a list of incumbents in the classifications.
FINANCIAL SUMMARY
There will be no financial impact to the City of Stockton as a result of the recommended action.
Attachment A - Section 2500. Departments Subject to Civil Service Attachment B - Section 2501. Employees Subject to Civil Service Attachment C - Section 2537. Classified Service
Attachment D - List of Class Specifications
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ATTACHMENT A
City of Stockton, CA
Wednesday, August 14, 2024
Title CHA. The Charter of the City of Stockton
ARTICLE XXV. CIVIL SERVICE
Section 2500. Departments Subject to Civil Service.
The provisions of this act shall have the effect of placing both the Fire Department of the City of Stockton and the Police Department of the City of Stockton under civil service rules and regulations, and each of said Departments shall have and retain its separate organization and identity under the direction of a Chief of each Department, which separate organization shall consist of such officers and employees as the legislative body of the City may from time to time by ordinance or resolution determine and designate.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/14/75 effective 11/3/75) 593
ATTACHMENT B
City of Stockton, CA
Wednesday, August 14, 2024
Title CHA. The Charter of the City of Stockton
ARTICLE XXV. CIVIL SERVICE
Section 2501. Employees Subject to Civil Service.
Classified service of the City of Stockton shall include all employees of the Fire Department and Police Department, including the Chief of each Department, except that the Chief of Police and Deputy Chief of Police, and the Fire Chief and Deputy Fire Chief, shall be appointed and shall hold office as specified in Articles XVII and XVI of this Charter, respectively. Except as hereinbefore expressly provided, all appointments and promotions in the Fire Department and the Police Department shall be made solely on merit, efficiency, and fitness, which shall be ascertained by an open, competitive examination and impartial investigation.
No person shall be appointed to, reinstated in, transferred, suspended, demoted, or discharged from any such office, place, position, or employment contrary to the provisions of this Charter. (Added Election 10/8/35 effective 1/22/37; Amended Election 10/10/61 effective 2/13/62; Amended Election 10/12/71 effective 12/6/71; Amended Election 10/9/73 effective 1/17/74; Amended Election11/02/10 effective 12/9/10)
594
ATTACHMENT C
City of Stockton, CA
Wednesday, August 14, 2024
Title CHA. The Charter of the City of Stockton
ARTICLE XXV. CIVIL SERVICE
Section 2537. Classified Service.
As the legislative body of the City, the Council may provide for the placing of any of the other employees of the City of Stockton, not mentioned or specified anywhere in this act, under civil service and under the jurisdiction of the Civil Service Commission provided for in this Article, in which event, the Commission shall make suitable rules and regulations and provide in detail the manner in which examinations may be held and appointments, promotions, transfers, reinstatements, demotions, suspensions and discharges shall be made, and also provide for any other matters which may be considered desirable to further carry out the general purposes of this Section. The Commission may change such rules and regulations from time to time.
This Section shall be construed as a separate and distinct Section and not connected with or related to the civil service pertaining to the Fire and Police Departments of the City of Stockton as set forth in the preceding sections hereof, excepting that all of the employees placed under the civil service shall be under the jurisdiction of the Civil Service Commission provided for in this Article. (Added Election 10/8/35 effective 1/22/37)
595
Class Title Class Code Benefit Code FLSA EEO Category Code - Civil Service Status Administrative Analyst I (Confidential) 03803 03 Non-Exempt EEO4-Professionals c Administrative Analyst II (Confidential) 03393 03 Non-Exempt EEO4-Professionals c Agenda Coordinator 03711 03 Non-Exempt EEO4-Administrative Support c Auditor (Confidential) 03495 03 Exempt EEO4-Professionals c Benefits Analyst 03707 03 Exempt EEO4-Professionals c
Deferred Compensation Specialist 03730 03 Exempt EEO4-Administrative Support c Human Resources Assistant I 03691 03 Non-Exempt EEO4-Administrative Support c Human Resources Assistant II 03826 03 Non-Exempt EEO4-Administrative Support c Human Resources Specialist 03723 03 Non-Exempt EEO4-Administrative Support c Human Resources Technician 03396 03 Non-Exempt EEO4-Paraprofessionals c Office Assistant I (Confidential) 03692 03 Non-Exempt EEO4-Administrative Support c Office Assistant II (Confidential) 03833 03 Non-Exempt EEO4-Administrative Support c Office Specialist (Confidential) 03716 03 Non-Exempt EEO4-Administrative Support c Office Assistant I (Legal) 42591 42 Non-Exempt EEO4-Administrative Support c Office Assistant II (Legal) 42829 42 Non-Exempt EEO4-Administrative Support c Office Specialist (Legal) 42712 42 Non-Exempt EEO4-Administrative Support c Risk/Loss Control Specialist 03724 03 Non-Exempt EEO4-Administrative Support c Secretary (Confidential) 03814 03 Non-Exempt EEO4-Administrative Support c Senior Administrative Analyst (Confidential) 03173 03 Exempt EEO4-Professionals c Senior Office Assistant (Confidential) 03718 03 Non-Exempt EEO4-Administrative Support c Supervising Office Assistant (Confidential) 03192 03 Non-Exempt EEO4-Administrative Support c
ATTACHMENT D
596
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO AMEND UNREPRESENTED CLASSIFIED SPECIFICATIONS
FROM CLASSIFIED SERVICE TO UNCLASSIFIED SERVICE
Currently, per City Charter, Article XXV, Sections 2500 and 2501, employees within the Fire and Police Departments (with the exception of the Fire Chief, Chief of Police, Deputy Chief of Police, and Deputy Fire Chief) shall be placed within classified service; and
The City Charter does not mandate class specifications that work outside of Police and Fire to hold classified service; and
The City of Stockton desires to better align the classifications to the provisions of the City Charter and to allow increased efficiency and expediency in the hiring process.
Classifications that are utilized within the Police and Fire Departments will include a provision notating that positions assigned within Police and Fire are classified; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The unrepresented classified specifications of Administrative Analyst I (Confidential), Administrative Analyst II (Confidential), Agenda Coordinator, Auditor (Confidential), Benefits Analyst, Deferred Compensation Specialist, Human Resources Assistant I, Human Resources Assistant II, Human Resources Specialist, Human Resources Technician, Office Assistant I (Confidential), Office Assistant II (Confidential), Office Assistant I (Legal), Office Assistant II (Legal), Office Specialist (Confidential), Office Specialist (Legal), Risk/Loss Specialist, Secretary (Confidential), Senior Administrative Analyst (Confidential), Senior Office Assistant (Confidential), and Supervising Office Assistant (Confidential) are hereby amended from classified service to unclassified service.
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//
//
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597
2. 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 December 3, 2024___
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
___
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
598
City of Stockton
Legislation Text
File #: 24-0815, Version: 1
APPROVE A MOTION TO ENTER INTO A COOPERATIVE PURCHASING AGREEMENT WITH DELL MARKETING L.P. THROUGH THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES.
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve the use of the State of California, Department of General Services (DGS) Participating Addendum Number 7-23-70-55-01 with Dell Marketing L.P., which incorporates the Minnesota NASPO ValuePoint Master Agreement Number 23026, to provide the City access to preferential pricing of Information Technology products, computer equipment, peripherals, and related services.
2. Authorize the City Manager to execute a multi-year Cooperative Purchasing Agreement, expiring June 30, 2025, in an amount not to exceed $4,801,301 with Dell Marketing L.P., for the purchase of Information Technology products and services. The NASPO master agreement initially expires June 30, 2025, but may be extended for up to 36 months in increments determined by the lead state until June 30, 2028.
3. Approve findings which support and justify an exception to the competitive bid process; and
4. Authorize the City Manager or designee to take necessary and appropriate actions to carry out the purpose and intent of the motion.
Summary
City staff representing Administrative Services and Information Technology conducted a review to determine if savings could be achieved using Cooperative purchase agreements (COOP) that combine the purchasing power of multiple entities to achieve more competitive pricing. The State of California DGS NASPO agreement with Dell Marketing has been identified as offering potential savings.
Utilizing this DGS NASPO agreement will allow the City to continue to support operational activities at competitive prices for desktop computers, rugged mobile data computers (MDCs), laptops, tablets, small servers, computer network equipment, and associated peripheral parts from Dell Marketing L.P.
The proposed contract term through June 30, 2025, with optional extensions through June 30, 2028, is for a total amount not to exceed $4,801,301.
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File #: 24-0815, Version: 1
DISCUSSION
Background
A recognized ‘best practice’ for local governments is to utilize State of California cooperative agreements that leverage the combined purchasing power of many entities and provide significant benefits to the participating organizations. Cooperative agreements (COOPs) are established through a formal competitive bidding process that meets City requirements and thus fulfills the City’s procedural requirements for full and open marketplace competition. COOPs are negotiated agreements. The combined leverage of numerous participating entities that are represented by a cooperative purchasing group gives the City the ability to receive preferential pricing, terms, and conditions that the marketplace would typically offer only to a much larger organization.
Pursuant to California Public Contract Code section 10298, the State of California, Department of General Services, may consolidate the needs of multiple agencies and leverage the State’s buying power through a competitive and/or negotiated process to achieve better pricing for goods and services. These agreements are available to cities without further competitive bidding.
On September 27, 2016, Council approved Motion 2016-09-27-1201-07 to enter into a Cooperative Purchase Agreement with Dell Marketing through the NASPO ValuePoint Cooperative Purchasing Program. The City Manager granted approval to extend the contract in 2018, 2020, 2021, and 2022.
That agreement expired on February 28, 2023.
On April 4, 2023, Council approved Motion 2023-04-04-1203 to provide additional funding to the National IPA Cooperative Agreement, Contract Number 2018011-01, with CDW-G LLC for Dell equipment purchases.
Present Situation
The City currently makes direct purchases of Dell brand products such as desktop computers, MDCs, laptops, tablets, and associated peripheral parts from CDW-G LLC. As shown in Table 1, approximately $1,520,000 was expended on Dell brand products during the recent 12 months under the current contract. Scheduled IT replacements starting in FY 2024-25 through FY 2027-28 are estimated in the amount of $4,364,820, with an additional 10% contingency in the amount of $436,481 for department supplemental purchases and inflationary adjustments. The proposed contract is for a total amount not to exceed $4,801,301.
The State of California's DGS NASPO agreement with Dell has been identified as providing significant benefits to the City. Ongoing access to this agreement provides the City with discounts on Dell’s published list prices. Additional discounts may be negotiated for key orders based upon the preferential terms of the agreement. The agreement also provides ‘no cost’ standard delivery on all City orders.
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File #: 24-0815, Version: 1
Table 1 - Replacement Schedule
Product Type Current
Annual
Spend
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total
IT (Dell)
products
replacement
schedule
$1,520,000 $1,720,145 $822,371 $1,265,164 $557,140 $4,364,820 10%
Contingency
for
Departments
$172,015 $82,237 $126,515 $55,714 $436,481
Total Not to
Exceed
$1,892,160 $904,608 $1,391,679 $612,854 $4,801,301
A City team consisting of representatives from Administrative Services and Information Technology reviewed cooperative agreements offered by the State of California. The DGS NASPO agreement with Dell Marketing offers multi-year support through June 30, 2025, with optional extensions through June 30, 2028, and is available for all Dell hardware purchased and used by the City. The efficiencies gained by participating in COOPs instead of repetitive City processes will save significant staff time and City resources.
Findings
Stockton Municipal Code section 3.68.070 provides an exception to the City’s competitive bidding requirement in cases where the City Council has approved findings that support and justify the exception. The findings are as follows:
1. The Dell agreement was established through a formal competitive bid process conducted by NASPO ValuePoint, represented by the State of Minnesota (lead agency) and incorporated into the State of California, Department of General Services agreement with Dell Marketing L.P.
2. The City, on its own, would pay higher prices for the same goods and services and does not achieve the purchasing volume to obtain the same discounts available through the leveraged procurement agreements negotiated by multi-state cooperatives.
3. Taking advantage of the leveraged procurement agreements negotiated by multi-state cooperatives will also save the administrative expense of City staff conducting separate bulk purchasing procurements.
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File #: 24-0815, Version: 1
4. Pursuant to California Public Contract Code sections 10298-10299, the State Department of General Services may consolidate the needs of multiple agencies and leverage the state’s buying power through a competitive process to achieve better pricing for goods and services.
These leveraged procurement agreements are available to cities without further competitive bidding.
FINANCIAL SUMMARY
The cooperative agreement with Dell Marketing L.P. is for the acquisition of information technology products and services. Total expenditures are not to exceed $4,801,301 through June 30, 2028 (reference Table 1 above for annual breakdown). The FY 2024-25 estimated costs are appropriated in the 510 Technology Fund, Project accounts, and Department accounts.
Future annual estimated costs will be included in the annual budget appropriation process.
Attachment A - Dell DGS NASPO COOP Agreement
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Dell Customer Communication - Confidential
1 (Rev. 9.30.22)
COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:
1. Cooperative/Piggyback
Name:
NASPO Value Point Between City of Stockton and
Dell
2. Contractor: Dell Marketing L.P.
3. Cooperative Agency
Agreement Name and
Agreement Number:
The State of California, Department of General
Services Participating Addendum No. 7-23-70-55-
01, which incorporates the Minnesota NASPO
ValuePoint Master Agreement Number 23026
(“NASPO Contract”) (the “State Contract”).
4. Cooperative Agency Initial
Agreement Term:
Start Date: February 1, 2024
End Date: June 30, 2025
5. Cooperative Agency’s
Agreement-Options to
extend:
may be extended for up to an additional 36 months,
in increments as determined by the Lead State,
through a duly executed amendment
6. Cooperative Agency
Amended Term:
7. Cooperative Agency
Remaining Options to
Renew:
36 months through 6/30/2028
8. City of Stockton
Cooperative Purchase
Agreement Term:
Start Date: the date signed by both parties below
End Date: June 30, 2025 or such later date as the
State Contract is extended
9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:
Not to Exceed $4,801,301.00 for the term of the
Agreement. (This amount may include a contingency
amount; however, the amount shall be the aggregate
amount of spend that is anticipated for the entire
initial term of the Agreement.)
AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced State Contract (The State of California, Department of General Services Participating Addendum No. 7-23-70-55-01, which incorporates theMinnesota NASPO ValuePoint Master Agreement Number 23026) (the State Contract and the NASPO Contract are referred to herein as “COOP”) as such may be amended from time to time.
ATTACHMENT A 603
Dell Customer Communication - Confidential
2 (Rev. 9.30.22)
The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”). Notwithstanding the aforementioned, any amendment of the COOP documents (State Contract and NASPO Contract) will be effective on this Agreement after execution by their parties and will not require amendment of Exhibit A of this Agreement.
Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services under this contract as indicated on a Contractor issued quote, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location. Purchasing cards may only be used at the time of order placement, and not for payment of invoices.
1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through the End Date specified in Item 8 of the Agreement Summary above unless terminated earlier by the City. (If the State extends the Cooperative/Piggyback with Contractor by a written amendment, this Agreement will be automatically extended.)
2. Insurance: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.
3. Compensation: City and Contractor do hereby enter into this Agreement for (Information Technology Solutions and Services) available in the above-named COOP and associated documents incorporated herein as Exhibit A. In no way, shall payment to the Contractor during the term of this Agreement exceed $4,801,301.00 for the purchase of (product, equipment, goods or services). The City shall monitor such spend, and will pay Contractor for any items ordered under this Agreement regardless of whether such amount is exceeded. Any person signing this Agreement on behalf of City or Contractor represents that he or she has full authority to do so.
4. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
5. Applicable Law. Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
ATTACHMENT A 604
Dell Customer Communication - Confidential
3 (Rev. 9.30.22)
This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.
CITY OF STOCKTON CONTRACTOR NAME.
By:
Harry Black, City Manager Signature
Date:
Print name
ATTEST: Title:
[If Contractor is a corporation, signatures must
Katherine Roland CMC, City Clerk comply with Corporations Code §313] APPROVED AS TO FORM:
Lori Asuncion, City Attorney
By:
Signature
Print name
Title:
Katherine Castillo
Paralegal Advisor
ATTACHMENT A 605
ATTACHMENT A 606
ATTACHMENT A 607
ATTACHMENT A 608
ATTACHMENT A 609
ATTACHMENT A 610
ATTACHMENT A 611
ATTACHMENT A 612
ATTACHMENT A 613
ATTACHMENT A 614
ATTACHMENT A 615
REV 2022-05-17
Internal Use - Confidential
Exhibit B:
Insurance Requirements
(Professional Services)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
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 or its equivalent covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 or its equivalent covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability/Errors and Omissions insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to insurable liability assumed by ATTACHMENT A 616
REV 2022-05-17
Internal Use - Confidential
Contractor under this Agreement arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.
For any general liability claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory 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.
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. 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.
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-insured retentions must be declared to the City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
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 minus:VII, unless otherwise acceptable to the City of Stockton.
ATTACHMENT A 617
REV 2022-05-17
Internal Use - Confidential
If any of the required policies provide claims-made coverage:
1. The Retroactive Date 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 . 3. If coverage is canceled or non-renewed, and not replaced the contract effective date, the
Contractor must purchase “extended reporting” coverage for a minimum of years after completion of work.
Contractor shall furnish the City of Stockton with certificates. All certificates 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. City of Stockton reserves the right to reasonably modify these requirements, including limits, based on the nature of the risk, or other special circumstances.
Consultant shall ensure and be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and customary in the relevant industry.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT A 618
City of Stockton
Legislation Text
File #: 24-1151, Version: 1
APPROVE FINDINGS AND RATIFY FINAL EXPENSES FOR THE ALEXANDRIA PLACE
SANITARY SEWER PIPELINE REPAIR
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. Ratify the final expenses in the amount of $624,765 to Soracco Inc, of Lodi, California, for all costs related to the repair of the sanitary sewer pipeline at Alexandria Place.
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
On August 5, 2024, a sinkhole was reported at Alexandria Place near Lincoln Road. The Municipal Utilities Department (MUD) and Public Works (PW) staff investigated the extent of the sinkhole and determined the cause was due to the failure of a large sanitary sewer pipeline beneath the roadway.
The sinkhole was determined to pose a threat to public welfare and safety. City staff immediately established traffic control and solicited bids for emergency repairs to the sanitary sewer pipeline and impacted roadway.
On August 15, 2024, the City Manager approved the MUD request for emergency procurement authorization for the repair of the Alexandria Place sanitary sewer pipeline in accordance with Stockton Municipal Code section 3.68.070 and City Manager Emergency Contract and Procurement Policy (17.05.150).
If approved by the City Council, this resolution will approve findings pursuant to Stockton Municipal Code section 3.68.070 which support and justify an exception to the competitive bidding process, and ratify the total expenditure of $624,765 for emergency sanitary sewer pipeline repair at Alexandria Place by Soracco Inc.
DISCUSSION
Background
On August 5, 2024, a sinkhole on Alexandria Place was reported to the MUD Collections division.
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File #: 24-1151, Version: 1
MUD staff used CCTV cameras to perform a video inspection of the 36-inch sanitary sewer pipeline directly below the sinkhole. The inspection found an 80-foot section of 36-inch sanitary sewer pipeline was in critically poor condition and required replacement to prevent further roadway damage and hazard to public health.
On August 15, 2024, the City Manager approved the MUD request for emergency procurement authorization for the sinkhole repair and pipeline replacement at Alexandria Place in accordance with the City Manager Emergency Contract and Procurement Policy (17.05.150).
On August 19, 2024, staff solicited bids for emergency sanitary sewer pipeline repair for the pipeline located at Alexandria Place. The City received one bid from Soracco Inc, for $624,765. MUD staff scheduled repairs to occur between September 28, 2024 and October 7, 2024 to coincide with the Lincoln High School fall break to minimize traffic congestion and further impacts to the community during regular school hours. By October 4, 2024, Soracco completed all repairs and remediation work, three days before the project deadline.
Present Situation
On October 7, 2024, Soracco Inc, submitted the final cost of $624,765 to repair and replace the 80- foot section of sanitary sewer pipeline, and remediate road damage caused by the sinkhole. All costs incurred under this emergency procurement in the amount of $624,765 have been paid by the City.
Under the City Manager Emergency Contract and Procurement Policy (17.05.150 Section 4) and Stockton Municipal Code section 3.68.070, the MUD is required to make a record of all emergency purchases of supplies and services of more than $100,000 and report to the City Council for ratification at the next Council meeting or no later than sixty (60) days following execution of the emergency procurement. Based on the 60-day rule, the ratification of the cost to repair the sanitary sewer pipeline at Alexandria Place was scheduled for the City Council meeting on December 3, 2024.
Findings
Pursuant to the 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 support and justify an exception:
1. A sinkhole on the roadway at Alexandria Place near Lincoln Street was reported to the City and determined to be caused by a failed sanitary sewer pipeline.
2. Emergency repair and remediation of the sanitary sewer pipeline and impacted roadway was necessary to protect public health and safety.
3. Soracco Inc was a responsive contractor that was available and capable of completing the necessary repairs and remediation in the best interest of the public.
4. Repairs and remediation of the Alexandria Place sanitary sewer pipeline was completed October 4, 2024.
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File #: 24-1151, Version: 1
Staff recommends the City Council approve findings pursuant to Stockton Municipal Code section
3.68.070 which support and justify an exception to the competitive bidding process and ratify the total expenditure of $624,765 for emergency repair and remediation Alexandria Place sanitary sewer pipeline by Soracco Inc.
FINANCIAL SUMMARY
There are sufficient funds in the Sanitary Sewer System Emergency capital improvement project fund (UW24018) for the emergency repairs and remediation services provided by Soracco Inc.
There is no impact to the General Fund or any other unrestricted fund, from this action.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING FINDINGS TO RATIFY FINAL EXPENSES IN THE AMOUNT OF $624,765 FOR THE EMERGENCY SANITARY SEWER PIPELINE
REPAIR AT ALEXANDRIA PLACE
On August 5, 2024, a sinkhole was reported at Alexandria Place near Lincoln Road; and
The Municipal Utilities Department (MUD) and Public Works (PW) staff investigated the extent of the sinkhole and determined the cause to be a failed sanitary sewer pipeline located beneath the roadway; and
The pipeline was determined to pose a threat to public safety; and City staff immediately established traffic control and solicited bids for emergency repairs to the sanitary sewer pipeline and impacted roadway; and On August 15, 2024, the City Manager approved the MUD request for emergency procurement authorization for the repair of the Alexandria Place sanitary sewer pipeline in accordance with the City Manager Emergency Contract and Procurement Policy (17.05.150); and
On October 4, 2024, Soracco completed all repairs and remediation work to the sanitary sewer pipeline and roadway at Alexandria Place; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the following findings pursuant to Stockton Municipal Code section 3.68.070 to support and justify an exception to the competitive bidding process:
a. A sinkhole on the roadway at Alexandria Place near Lincoln Street was reported to the City and determined to be caused by a failed sanitary sewer pipeline.
b. Emergency repair and remediation of the sanitary sewer pipeline and impacted roadway was necessary to protect public health and safety. c. Soracco Inc was a responsive contractor that was available and capable of completing the necessary repairs and remediation in the best interest of the public.
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d. Repairs and remediation of the Alexandria Place sanitary sewer pipeline was completed October 4, 2024.
2. The City Council ratifies the total expenditure of $624,765 for the repair of the sanitary sewer pipeline at Alexandria Place by Soracco Inc.
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 December 3, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CMPC
City Clerk of the City of Stockton
623
City of Stockton
Legislation Text
File #: 24-1136, Version: 1
ADOPT A RESOLUTION TO APPROVE FINDINGS AND AUTHORIZE CONTRACT AMENDMENT NO. 1 WITH AQUA-SCIENCE LLC FOR AQUATIC TOXICITY TESTING
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code Section 3.68.3070, which support and justify an exception to the competitive bidding process.
2. Authorize the City Manager to execute a two (2) year contract extension with Aqua-Science LLC of Davis, California.
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). Quarterly wastewater testing is required as part of the City’s National Pollution Discharge Elimination System (NPDES) discharge permit. The RWCF permit requires the testing of treated wastewater referred to as chronic toxicity testing. These tests are used to demonstrate if treated effluent is potentially harmful to fish species when discharged into the San Joaquin River.
Chronic toxicity tests are very sensitive, and results can vary depending on small changes in a laboratory’s control water. It is important to continue toxicity testing at the same lab to ensure consistent and comparable results. MUD has contracted with Aqua-Science LLC (Aqua-Science) as an independent lab for testing since 2016. State requirements for a Toxicity Reduction Evaluation (TRE) will continue until the RWCF Modifications Project is completed and for at least one year following the activation of the new outfall. Because of the sensitive nature of the chronic toxicity tests, it is recommended to continue using Aqua-Science for TRE testing for dependable data comparisons and trend analysis.
If approved by the City Council, this action will approve findings pursuant to Stockton Municipal Code Section 3.68.070 to support and justify an exception to the competitive bidding process and authorize a two-year contract extension (Exhibit 1 to the Resolution) with Aqua-Science LLC of Davis, California.
DISCUSSION
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File #: 24-1136, Version: 1
Background
The RWCF wastewater discharge NPDES permit requires quarterly testing of treated wastewater referred to as chronic toxicity testing. These tests are used to demonstrate if the effluent is potentially harmful to fish species in the receiving waters. The chronic toxicity test has a subjective element that allows each lab to develop their own control water. The degree of sensitivity in control water varies and can have a detrimental effect on the test results. Because of the sensitivity variance in the control water, results on the same sample can vary from one lab to another and cannot be reproduced.
In 2016, the MUD experienced a series of failed chronic toxicity tests that resulted in the City entering a Toxicity Reduction Evaluation (TRE) program. Under the TRE, the MUD was obligated to explore all treatment processes and conditions to determine the cause of the failed tests. The MUD contracted with Aqua-Science in 2016 based on their reputation, performance record with other agencies, cost, and proximity to Stockton. After more than two years of extensive testing and analysis, staff was able to determine the cause of the failed chronic toxicity tests was linked to the application of mosquito control chemicals applied at the ponds on the direction of San Joaquin County Vector Control.
In November 2018, a TRE Action Plan was submitted to the Central Valley Regional Water Quality Control Board (CVRWQCB) that detailed staff efforts to identify the cause of toxicity. The chemicals are applied to control mosquito populations in the treatment ponds at the RWCF. This issue has since been corrected with the application of vector-control materials that are not toxic to fish. To confirm this, MUD agreed to continue the permit-required quarterly chronic toxicity tests until the completion of the RWCF Modifications Project. In 2019, a five-year contract was awarded to Aqua-Science LLC for the ongoing toxicity testing services for a not-to-exceed amount of $331,820. Once the RWCF Modifications Project is complete, the ponds will no longer be part of the treatment process. The CVRWQCB accepted the data and analysis provided by the MUD and the proposed TRE exit plan.
Present Situation
Construction of the RWCF Modifications Project is nearing completion, and a new outfall has been constructed. However, once the new outfall is accepted and in service and the ponds are no longer part of the treatment process, an additional four-quarters of toxicity testing is required before the MUD may exit the TRE.
Due to the species sensitivity to variations in control water, and the inability to reproduce test results between labs, it is recommended that the City continue the quarterly toxicity testing at the same lab to ensure consistent and comparable results. Using the same lab for the next two years of testing provides the necessary consistency for data trends, as well as cost savings to MUD. Aqua-Science LLC has requested cost adjustments to be implemented during the extended contract term with no additional funding added to the contract (Exhibit 1 to the Resolution).
Findings
Pursuant to Stockton Municipal Code Section 3.68.070, the City Council may approve findings which support and justify an exception to the competitive bidding process. The following findings support and justify an exception:
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1. Chronic Toxicity tests are extremely sensitive to ambient test conditions, including control water, and test results on the same sample cannot be reproduced in different labs. AquaScience is the current lab performing chronic toxicity testing for MUD.
2. Nearly eight years of data has been collected from Aqua-Science on the source of failed chronic toxicity tests.
3. The CVRWQCB accepted the City’s proposed plan to exit the TRE, which includes continued chronic toxicity testing through completion of the RWCF Modifications Project and for four additional quarters once the new outfall is accepted and in service.
4. It is cost effective for the City to continue to use Aqua-Science to provide ongoing chronic toxicity testing until the TRE ends in 2026.
Staff recommend the City Council approve these findings as an exception to the competitive bidding process and authorize a two-year contract amendment with Aqua-Science LLC of Davis, California, for Chronic Toxicity Testing with no change to the not-to-exceed contract amount.
FINANCIAL SUMMARY
This change order is for time extension only. There are sufficient funds remaining on contract 419000255 to cover the extension. If additional funding is needed in future years, we will request for budget through the annual budgeting development process.
This action has no impact on the General Fund or any other unrestricted funds.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING FINDINGS AND AUTHORIZING CONTRACT
AMENDMENT NO. 1 WITH AQUA-SCIENCE LLC FOR AQUATIC TOXICITY TESTING The Municipal Utilities Department (MUD) operates the Regional Wastewater Control Facility (RWCF) where wastewater is treated and discharged into the San Joaquin river. Quarterly chronic toxicity testing of biological samples is required as part of the City’s National Pollution Discharge Elimination System (NPDES) wastewater discharge permit; and
Chronic toxicity tests are very sensitive and results can vary depending on small changes in a specific laboratory’s test control water. Toxicity testing relies on laboratories consistent application of testing requirements and standards to maintain comparable results; and
In 2016 the City entered a Toxicity Reduction Evaluation (TRE), as required by the State, to determine the cause of failed chronic toxicity tests; and The MUD contracted with Aqua-Science LLC (Aqua-Science) as an independent laboratory to complete TRE testing since 2016; and
State requirements for the TRE continue until the RWCF Modifications Project is completed and for at least one year following the activation of the new outfall; and Because of the sensitive nature of chronic toxicity testing, it is recommended to continue use of Aqua-Science for TRE testing to maintain consistent and dependable data comparisons; 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, which support and justify an exception to the competitive bidding process:
a. Chronic Toxicity testing of biological samples are extremely sensitive to ambient test conditions, including control water, and test results on the same sample cannot be reproduced in different labs. Aqua-Science is the current lab performing chronic toxicity testing for MUD. b. Nearly eight years of data has been collected from Aqua-Science on the source of failed chronic toxicity tests required by the State. c. The CVRWQCB accepted the City’s proposed plan to exit the TRE, which includes continued chronic toxicity testing through completion of the RWCF 627
Modifications Project and for four additional quarters once the new outfall is accepted and in service.
d. It is cost effective for the City to continue to use Aqua-Science to provide ongoing chronic toxicity testing until the TRE ends in 2026.
2. Amendment No. 1 with Aqua-Science, LLC. extending the contract term and accepting the price adjustments 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.
3. By this action, the total not-to-exceed contract amount remains at $331,820.
4. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED December 3, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
628
EXHIBIT 1
629
1.0 Client: City of Stockton
Regional Wastewater Control Facility
2500 Navy Drive
Stockton, CA 95206
2.0 Contact: Kathryn Garcia
3.0 Phone: (209) 937-8232
4.0 E-mail: [email protected]
5.0 Project Type:NPDES Effluent Acute and Chronic Toxicity Testing
6.0 Quote Date: 10/11/24
7.0 Effective: 10/11/24-12/31/25
8.0 Schedule: Sample Collection: Per client
Sample Delivery: Courier
Initiation: Per client
Completion: 7 days
Report: 14 days after completion of testing
9.0 Number Unit ($) Total ($)
4 935 3,740
Lab Control and 100% Effluent
24-hour change-out; 2 samples/event
8 Courier Service 202 1,616
TOTAL ACUTE $ 5,356
2 1,800 3,600
Lab Control & 5 concentrations
3 samples/event
6 Courier Service 202 1,212
TOTAL CHRONIC $ 4,812
If required,
2 1,355 2,710
OR
2 675 1,350
Notes:
Price Quotation Authorized By: original signed by Jeff Miller Jeff Miller, Ph.D., DABT
ANNUAL NPDES EFFLUENT AQUATIC TOXICITY TEST COSTS
(NPDES No. CA0079138)
Monthly Chronic C. dubia Survival and Reproduction Test with Reference Environmental Toxicology Specialists
630 Cantrill Drive, Davis, CA 95618
(530) 753-5456 • Fax (530) 753- 6001• aqua-science.com
COST QUOTE
Description of Work
Quarterly Acute Rainbow Trout Survival Toxicity Test with Effluent Chronic TRE C. dubia Survival and Reproduction Test with Effluent Concurrent Chronic C. dubia Survival and Reproduction Test with Reference Toxicant
- If acute and chronic tests are conducted concurrently, then courier charges will be adjusted accordingly
ATTACHMENT A
EXHIBIT 1
630
City of Stockton
Legislation Text
File #: 24-1122, Version: 1
APPROVE MOTION TO EXECUTE A ONE-TIME PURCHASE FROM WOOLDRIDGE BOATS FOR A SHALLOW WATER BOAT WITH ACCESSORIES IN AN AMOUNT NOT TO EXCEED $110,000
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute a one-time purchase from Wooldridge Boats (Wooldridge) for a shallow water boat with accessories not to exceed $110,000;
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
3. It is further recommended that the City Manager is hereby authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Summary
Funds for the Community Corrections Partnership (CCP) Task Force provided by state AB109 Public Safety Realignment are allocated by the San Joaquin County Community Corrections Partnership.
On May 21, 2024, Council approved Resolution No. 2024-05-21-1208, authorizing the Independent Contractor Agreement between San Joaquin County and City of Stockton in the amount of $3,537,691 for AB109 funding of the CCP Task Force. A program enhancement and one-time request for boats purchase in the amount of $775,000 was submitted to the CCP Executive Committee to amend the FY 2024-25 AB109 Independent Contractor Agreement and provide additional funds to the Task Force. The SPD was notified on July 17, 2024, that the CCP Executive Committee approved the Program Enhancement Request and the one-time boats funding. Council approved Amendment 1 to the Independent Contractor Agreement on August 20, 2024, with Resolution 2024-08-20-1224.
Staff recommends a one-time purchase from Wooldridge, not to exceed $110,000, for a customized police shallow water boat with accessories. (Attachment A)
DISCUSSION
Background
A vast majority of the unsheltered population live in homeless camps set up along the waterways located all throughout the City of Stockton and San Joaquin County. These homeless camps not only experience an increase in both violent and property crimes, but they also cause environmental damage and damage to infrastructure located on and near the waterways. Police boats would allow City of Stockton Page 1 of 3 Printed on 11/27/2024
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CCP Task Force officers to access locations that currently aren’t accessible by vehicle. The utilization of boating equipment will best serve this clientele and provide safe, effective opportunities to make contact with this population.
The San Joaquin County Sheriff’s Boating Unit was consulted about the types of boats needed to access the different types of waterways located in our jurisdiction and which can also transport the appropriate amount of personnel to accomplish our operational needs. A patrol boat would allow access to the different types of waterways in the county. The boats would be similar to those the San Joaquin County Sheriff’s Department currently deploys. The boats are specifically built for law enforcement and are made-to-order to meet each agency’s operational needs.
The proposed patrol boat is a Wooldridge 20 ft. XL Shallow Water Boat. This boat is currently used by numerous law enforcement agencies and first responders including the San Joaquin Sheriff’s Office, Sacramento Sheriff’s Office, and US Coast Guard. The shallow water boat would be berthed in a slip on the Delta waterway.
Present Situation
The approved program enhancement and one-time request for boat purchases for $775,000 included funding for a 27ft. Safe Boats Patrol Boat, a 20 ft. Wooldridge XL Shallow Water Boat, a HydroHoist or Jetdock, storage, service and maintenance, and training related to the boats. Safe Boats will send an instructor from their factory to Stockton who will provide a 2-day familiarization training for up to 10 students. On-going fuel costs are included as a general fund expense.
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 single available source.
Findings to support the purchase are as follows:
1. Wooldridge specifically builds for law enforcement and their boats are custom made for each agency’s needs, but must be purchased directly from the manufacturer.
2. The Wooldridge Alaskan XL fits the San Joaquin County CARES unit program requirements for the CCP taskforce.
3. Wooldridge manufactured the Alaskan XL shallow water boat that accurately manages the required waterways and is currently used by the San Joaquin Sheriff’s Office.
FINANCIAL SUMMARY
The total proposed cost not to exceed is $110,000 one-time purchase with Wooldridge. Funding is included in the FY 2024-25 AB109 Community Corrections Partnership Task Force Grant Project P025003, GL # 3518-316-800004-260-261-20-35-000-000-. Future year costs for storage, service and maintenance, and training related to the boats will be included in the annual CCP application budget request. The boat will be purchased through Public Works Fleet with the one-time funding.
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Due to the timing for purchase and delivery of the boats, there are no anticipated fuel costs in the current Fiscal Year. Future year fuel expenditures will be included in the annual budget appropriation process.
Attachment A - Wooldridge Boats Quote
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Quote
Date
5/29/2024 5/29/2024
Quote #
3037
CUSTOMER
Stockton Police Dept.
SHIP TO
Customer P.O. Rep
Danny
Color 1
See powdercoat details
Color 2 Est Completion
Revision Date
20% Deposit required to
place your boat on the
schedule for production
Add Credit Card Processing
Fee 3% over $1,000.00
1303 S 96th St
Seattle, WA 98108
Phone: (206) 722-8998
Email: [email protected]
www.wooldridgeboats.com
Line Qty Description Unit Price Total
This estimate prepared for Stockton Police Dept.
Wooldridge 20' Alaskan XL Center Console Model with 50 gallon fuel tank Standard Features Include the following:
- Limited Lifetime Hull Warranty
- Wooldridge Full Support Structure System
- Exclusive Woodridge Jet Tunnel
- Formed rib bottom, with 4 corrugations, 2 on each side of keel - Extended bottom trim plate
- Center of hull reinforced to 1/4 in thick by 13" wide through planning surface - Built-in under-floor aluminum fuel tank, baffled
- Secondary fuel feed-off tank for kicker fuel
- Meets USCG standards on boats 20 feet and over
- 1/2" 50-year pressure treated plywood floors covered with marine boat decking
- Full length welded side trays with marine carpet
- 12v power plug
- Dual USB charger plug
- Stand-up gunnels with toe kick
- Dual rod storage racks
- Full width self-bailing transom shelf
- UV treated vinyl exterior side color & pinstripe package - Welded bow and stern eyes
- Welded sport rails
- Walk-around gunnels with non skid
- Storage under front step deck
- Diamond plate bow cap
- Gas/ water separator
- 6-switch power source with sealed fuses
- Navigation/ running lights
- 1,250 GPH bilge pump
1 37,995.00 37,995.00